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HomeMy WebLinkAbout10/23/2001 - Regular October 23, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 23, 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 October, 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;Vickie L. Huffman, Senior Assistant County Attorney; Brenda J. Holton, Clerk to the Board; John M. Chambliss, Assistant CountyAdministrator; Dan R. O’Donnell,Assistant County Administrator; Kathi B. Scearce, Community Relations Director IN RE:OPENING CEREMONIES The invocationwas given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. Chairman Minnix welcomed to the meeting Vinton Town Mayor Don Davis; members of Vinton Town Council Bob Altice, Brad Grose, Tom Rotenberry; and Town Manager Clay Goodman. IN RE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS October 23, 2001 Mr. Hodge added two items to the Closed Meeting pursuant to Section 2.2- 3711 A (7) legal advice concerningRoute 419 crossover at Springwood Park and Section 2.2-3711 A (20) to discuss plans to protect public safety as it relates to terrorist activity. Vickie Huffman, Assistant County Attorney, asked to move the second reading of ordinance authorizingvacation of existing 20' drainage easement and acceptance of relocated easement to the evening session since it had been advertised for a public hearing. IN RE:PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1.CertificateofrecognitiontoRobertJ.Wooddallforhisdedicated communityservicetotheDepartmentofSocialServices. Chairman Minnix presented the certificate of recognition to Ms. Betsy Smith, Department of Social Services, for delivery to Mr. Wooddall who was unable to attend the meeting. 2.ResolutionofappreciationtoHenryA.Wiley,GeneralService Department,fortwenty-eightyearsofservicetoRoanoke County. R-102301-1 Chairman Minnix presented the resolution of appreciation to Mr. Wiley. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix October 23, 2001 NAYS:None RESOLUTION102301-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF HENRY A. WILEY, GENERAL SERVICES DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Henry A. Wiley was first employed by Roanoke County on September 14, 1973, in the General Services Department as Janitor I and also held the position of Janitor II; and WHEREAS, Mr. Wiley retired from Roanoke County on October 1, 2001 as Custodian after twenty-eight years of service; and WHEREAS, Mr. Wiley was particularly helpful in assuring that the Board Meeting Room was clean and organized,and could always be counted on to assist with any official or special County functions; and WHEREAS, Mr. Wiley performed his dutiesand responsibilities in an efficient and effective manner and was held in high regard by his fellow County employees; and WHEREAS, Mr. Wiley, 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, the appreciation of Mr. Wiley’s fellow County employees, and the appreciation of the citizens of Roanoke County to HENRY A. WILEY for over twenty-eight years of cheerful, capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes fora 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 3.RecognitionofVirginiaMunicipalLeagueAwardtoTownof VintonforGainSharingAgreement. Vinton Mayor Davis advised that the Town of Vinton was awarded a Virginia Municipal League Achievement Award for the Gain Sharing Agreement between the Town of Vinton and Roanoke County which went into effect July 1, 1999. This award was one of five presented at the VML Conference on October 16, 2001 in Virginia Beach. He thanked the Board members and staff for their cooperation on the agreement which will be October 23, 2001 very beneficial to both jurisdictions, and advised that the Town is looking forward to continuing cooperative efforts with the County. IN RE:BRIEFINGS 1.Resultsof2001CitizenSatisfactionSurvey.(ElmerHodge, CountyAdministrator;FrankMartin,MartinResearch;andKathi Scearce,CommunityRelationsDirector) Mr. Hodge advised that the final copy of the survey titled “An Assessment of Resident Opinions and Attitudes toward services provided by Roanoke County, Fall 2001" has been distributed to the Board. He thanked the citizens and staff for their support and advised that the report has the best results since the surveys were begun in 1995. The survey was even more meaningful since it was conducted the week after the September 11 terrorist attacks. The report indicated that 63% of citizens are very satisfied as opposed to 51% for 1999, and that 93% of citizens are very satisfied or somewhat satisfied with the way County employees are doing their jobs. The three top rated services were Fire & EMS, Libraries, and Refuse Collection. He advised that the improvements made by the Board to the Fire & Rescue Department by adding personnel, 24/7 operations, fee for transport and partnership with Roanoke City and the volunteers at Clearbrook Fire Station, as well as adding police officers, were well received by the citizens. He pointed out that the County needs to look at better ways to involve more citizens since the survey shows that a high percentage of citizens have never attended a County sponsored public event or visited Explore Park. He advised that the citizens expressed their support by 64% for the County providing financial support for human service organizations and 57% for cultural organizations. The top two citizen choices as the most important issues in the next five October 23, 2001 years were Schools and economic development for providing jobs. Supervisor Church thanked the people involved with the survey and suggested that even with the excellent grades, the County must strive for the best customer service possible. Supervisor Johnson pointed out that the schools which the citizens chose as the top issue facing the County within the next five years went from 31% in 1999 to 22.2% now. He suggested that the Countyresearch this downward trend with Martin Associates for future consideration. Ms. Scearce advised that surveys were done by Martin Research in 1995, 1997, 1999 and 2001, with 500 randomly selected households to provide a sampling of opinions. She introduced Mr. Martin to summarize the survey results. Mr. Martin thanked the Board, County staff and the citizens for their cooperation and assistance on the survey. He advised that the survey was a 25 minute telephone documentation by Martin Research trained interviewers. The questionnaire was jointly designed by County staff and Martin Research. He reported that 63% of those surveyed indicated they were very satisfied with services provided by the County. The percent of citizens dissatisfied on the survey in 1997was 6.2 % and for 2001, it is .8% which is a big improvement. He gave the results of the rest of the questions in the report indicating that this is an exceptional report; the scores are very high for any locality; it represents a high degree of satisfaction; and provides excellent information. IN RE:NEW BUSINESS 1.MotiontoreconsiderresolutionopposingAlternative6Aforthe Interstate-73HighwayProject.(PaulMahoney,CountyAttorney) Chairman Minnix advised that Mr. Mahoney was absent due to a death in his October 23, 2001 family, Mr. Hodge reported that this action is to reconsider the adoption of a resolution which was moved by Supervisor Nickens at the October 9, 2001 meeting. This resolution opposed Alternative 6A for the I-73 interstate highway project, and was approved by a three to two vote. After adoption of the resolution, Supervisor Church, having voted on the prevailing side, expressed his need to clarify his vote and asked for a reconsideration of the item. Supervisor Church’s motion to reconsider Supervisor Nickens’ motion was approved by a three to two vote. Mr. Hodge advised that upon the passage of a motion to reconsider, the subject matter to reconsider shall be placed on the agenda for the next regular Board meeting for any action that the Board deems advisable. He advised that the Board should now consider whether to adopt the resolution or make changes. There was some confusion expressed by the Supervisorsas to whether or not the vote at this meeting was for reconsideration of the resolution or to approve or not approve the resolution. Supervisor McNamara felt that the confusion was caused by the agenda title and advised that the reconsideration motion was approved at the last meeting. There was also some confusion as to what a ”yes” or “no” vote meant, and Ms. Huffman advised that a “yes” vote would approve and adopt the resolution opposing Alternative 6A and a “no” vote would not approve and adopt the resolution. Supervisor Nickens advised that if the other Board members wished to oppose the resolution opposing Alternative 6A, thereby keeping Board’s position prior to the October 9, 2001 meeting, they should vote “no” and if they didwantto oppose Alternative 6A, they should vote “yes”. Supervisor th Nickens complimented ChairmanMinnixonhisefforts at controlling the October 9 meeting and advised that he would do everything he could within the system to prevent what he considers an ill-considered decision to build an interstate through one of the more desirable areas of Roanoke County and Roanoke City. He felt that some members of the Board are October 23, 2001 more concerned about the constituencyin the Western corridor than the people in Southeast County. Supervisor Johnson advised that the issue was one ofequality and fairness and that he voted previously with the other supervisors to protect the citizens of the Catawba, Cave Spring and Windsor Hills Districts and agreed that the Southeast County residents deserve the same consideration. Supervisor Minnix advised that it is not only east and west residents who need protection but he also has a responsibility to the citizens of the Clearbrook community. Supervisor McNamara advised that by defeating this resolution, the Board still has a resolution on record approving the Central route for I-73 which they have reaffirmed many times and that the Board has been on record numerous times in support of I-73. Supervisor Nickens advised that a vote in favor of opposing Alternative 6A would not change what may happen to the Clearbrook community, and does not adversely affect anythingvoted on prior to this time. Supervisor Nickens moved to adopt the resolution opposing Alternative6A for the Interstate 73 Highway project. The motion was defeated by the following recorded vote: AYES:Supervisors Johnson, Nickens NAYS:Supervisors McNamara, Church, Minnix 2.ApprovalofanagreementwiththeTownofVintonconcerning thedevelopmentoftheMcDonaldFarmEconomicDevelopment Project.(ElmerHodge,CountyAdministrator) A-102301-2 Mr. Hodge advised that the McDonald Farm property is now ready to be October 23, 2001 marketed, and this agreement will allow the County to be in partnership with the Town of Vinton to make public infrastructure improvements to this economic development project. The Town has invested in excess of $1.5 million in the project, and the County appropriated $500,000 on December 19, 2000 as its contribution. The Town and County entered into a Gain Sharing Agreement in 1999 to address mutual concerns of each jurisdiction and to encourage economic growth and development. Section 4 of this Gain Sharing Agreement specifically addressed the McDonald Farm project. He recommended approval of the agreement and partnership with the Town to market the property with the County to receive a prorata share of revenue according to the provisions of the Gain Sharing Agreement. Mr. Hodge expressed appreciation to Vinton Mayor Davis, Vinton Town Manager Goodman, Paul Mahoney and Supervisor Nickens for their assistance and support on this agreement. Supervisor Nickens moved to approve the agreement. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 3.RequesttoapproveperformanceagreementwithSims Automotive,Inc.(LandRover).(DougChittum,Economic DevelopmentDirector) A-102301-3 Mr. Chittum advised that Mr. Walker, owner of Sims Automotive, Inc., purchased a small parcel in Clearbrook about a year ago for the purpose of developing a Land Rover dealership on Route 220. He went through the rezoning process with the PlanningCommission and the Clearbrook Community who at the same time was going October 23, 2001 through the Clearbrook Overlay process to guide future development in Clearbrook. The rezoning was approved but since that time, Mr. Walker has purchased West Motor Sales on Franklin Road and owns dealerships for Mercedes-Benz, Jaguar and Land Rover. He purchased another 2.5 acres adjacent to his original parcel to build two stand-alone automobile dealerships, a Mercedes-Benz dealership and a Premier Dealership for Jaguar and Land Rover. These two parcels are zoned C-2 and this use is permitted by right. The Board had already established the Stable Road Water and Sewer District to facilitate the extension of water and sewer infrastructure in this area. The original agreement was that $500,000 was to be allocated from the General Fund to build the infrastructure and liens would be placed on the properties and as development occurred, the development would pay the lien off to satisfy that water and sewer fund. Staff has come up with a program to allow Mr. Walker a period of three years to produce new revenues to County in amount of $300,000 which equal the liens which have been placed on the properties and the water and sewer hook up fees. Instead of the County making an immediate appropriation as in the performance agreement previously proposed, the development creates $100,000 a year new revenue and as the new revenues are received by the County, they will then be appropriated by the Board one year at a time to satisfy the $300,000 lien and water and sewer hook up fees for this project. The project needs no formal approval process by planning and zoning but Ms. Goodlatte, attorney for the developer, and County staff attended a neighborhood meeting to inform the citizens of the changes in the project. Utility Director Robertson, Ms. Goodlatte, Mr. Hodge and Mr. Chittum responded to various questions from the Supervisors. Supervisor Johnsonadvised that he would like to see a cut-off date for construction to start added to the performance October 23, 2001 agreement. Ms. Goodlatte responded that paragraph 7 advises that the agreementis contingent upon acquiring title to the property no later than December 1, 2001. Supervisor Minnix moved to approve the agreement. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 4.Authorizationtoapproveoptionfortheacquisitionof89acresof realestateonReadMountainforridgelineprotection.(Janet Scheid,SeniorPlanner) A-102301-4 Ms. Scheid advised that this action authorizes the execution of an option for the acquisition of approximately 89 acres of real estate on Read Mountain, in order to protect and preserve a portion of this environmentally-significant ridge line and view shed. Over the past several years the Board has taken several steps to protect and preserve environmentally-significant locations in the Roanoke Valley. These steps includeviewshed protection along the Blue Ridge Parkway,the commencement of construction of the first multi-jurisdictional greenway in the Roanoke Valley (Hanging Rock), support for the establishment of the Roanoke Valley Green way Commission, the purchase of 34 acres on Green Ridge, and initial steps for the creation of planning mechanisms within the Comprehensive Plan for the protection of ridge lines. The County is not purchasing this property but the option agreement is for six months to allow the Read Mountain Alliance to raise enough money to purchase the property. She requested that the Board authorize the County Administrator to execute this option agreement and approve payment of $100 October 23, 2001 option fee. Staff is not recommending appropriation of $5,000 from the Board Contingency Fund as stated in the Board report. This appropriation would be postponed until a later time when the environmental assessment and title work needs to be done. In response to Supervisor Nickens, Ms. Scheid advised that if the Read Mountain Alliance is successful in protecting the upper elevations of Read Mountain from 1800 feet up, and with the top of the mountain being 2350 feet, this would protect the mountain from cell towers. She advised that about 600 acres would have to be protected in order to cover the ridge, and she credited the Read Mountain Alliance for pushing this environmental protection. Supervisor Johnson suggested that the County put a conservation easement on the property before the County conveys it to another party. SupervisorJohnsonmovedtoapprovetheagreement and appropriation. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 5.Requestforapprovalofpoliciesandproceduresforaccepting contributionsanddonationsforCountyprojects.(John Chambliss,AssistantCountyAdministrator) A-102301-5 Mr. Chambliss advised that during the work session with the Library Board on October 9, 2001 concerning the improvements to the Bent Mountain Library, the Board asked staff to establish policies and procedures for the acceptance of contributions and donations to the County or its departments and agencies. Working with staff from the County Attorney’s Office and the Finance Department, a policy has been developed to October 23, 2001 establish guidelines for accepting these contributions and donations of major types of assets and prescribe an accounting method. The categories are as follows: (1) money or cash assets; (2) real estate; (3) personal property; (4) vehicles; and (5) other types of assets. Cash would be placed in an account and appropriated when deemed necessary. Donations of real estate should first have an environmental audit performed to assure that the County does not assume a liability. Motor vehicles that are donated should be looked at from the standpoint of necessity and from the manner the vehicle is to be used and the impact to our operating budgets. A determination must be made as to whether the specified inventory of vehicles is to be increased or if the vehicle is a replacement. Any other property that may be donated should be considered before acceptance to assure that the donation is in the best interest of the County. This policy would become part of the County Policy and Procedures and would be administered by the County Administrator or designated staff. In response to Supervisor McNamara’s suggestionthat a specific amount be added to the policy in paragraph 1.c before an escrow account is established, Mr. Chambliss advised that staff discussed having a threshold of $1,000. He also advised that before any money can be appropriated, it would have to be brought back to the Board for approval. Supervisor McNamara moved to approve the policy with a revision to paragraph 1C toestablish a $1,000 threshold.The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None October 23, 2001 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 November 13, 2001. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 1.FirstreadingofordinancetoobtainaSpecialUsePermitfor 11.71acresforaprivatestablelocatedat4911PoorMountain Road,CatawbaMagisterialDistrictuponthepetitionofStephen D.andRuthE.Nash. 2.FirstreadingofordinancetoobtainaSpecialUsePermitfor8.77 acresforareligiousassemblylocatedatVa.Rte.311/Laurel MountainRoadintersection,CatawbaMagisterialDistrictupon thepetitionofStarCityChurchofChrist. 3.FirstreadingofordinancetoamendtheRoanokeCountyZoning Ordinance,Section30-92Screening,Landscaping,andBuffer YardsuponthepetitionoftheRoanokeCountyPlanning Commission. 4.FirstreadingofordinancetoamendtheRoanokeCountyZoning Ordinance,Section30-23,Non-ConformingUsesandStructures uponthepetitionoftheRoanokeCountyPlanningCommission. IN RE:FIRST READING OF ORDINANCES 1.Firstreadingofordinanceauthorizingcreationandfinancingfor alocalpublicworksimprovementproject-PaintBankRoad WaterProject.(GaryRobertson,UtilityDirector) O-102301-6 Mr. Robertson reported that private wells serving properties on Paint Bank Road provide a less than adequate supply of water, and several property owners were required to drill several wells trying to find adequate water.During the fall of 1999, several October 23, 2001 petitions for varying portions of this area were addressed but eventually failed to generate the needed 50% participation to proceed. On September 6, staff received another petition with 4 signatures from property owners along the southern portion of Paint Bank Road to extend public water lines to serve their properties. The area required to serve these 4 propertiesencompasses10properties necessitating a commitment from 5 property owners to have the required 50% participation. The 4 participating property owners agreed to pay an additional $500 each to compensate for the fifth property. The cost to extend public water lines approximately 1,350 feet to serve the 10 properties of this area would be $36,550. He described three alternatives: (1)The four participating property owners would pay the per property connection fee of $5,000.00 with the County funding the Basic Construction Cost of $3,655.00 for the fifth property to achieve the 50% participation. This would require funding of $21,930. (2) The four participating property owners would pay the per property connection fee of $5,000.00 plus an additional$500.00 towards the Basic Construction Cost. This would require funding of $19,930. (3) Do not approve request for extension of public water to the proposed service area of Paint Bank Road. Staff recommends approval of Alternative #2 allowing a 90-day grace period with properties not participating within this time period paying their share of the construction plus a 20% increase and the full off-site facility fee should they connect at a later date. Based on present fees, the cost to connect at a later date would be $7,076.00. Supervisor Church thanked Mr. Robertson for finding a way to help the citizens in this area and moved staff recommendation with Alternative #2 to allow Board comments and discussion. It was the consensus of the Board that this request is an emergency and the second reading should be waived. Supervisor McNamara advised that he supported approval of Alternative #1 which would save the citizens the $500 additional October 23, 2001 expense. Chairman Minnix advised that the first reading of the ordinance was hereby waived and the Board would vote on the second reading and approval of the ordinance. Supervisor Church advised that he appreciated Supervisor McNamara’s support for Alternative #1 and agreed that this would save the citizens having to pay the additional $500. He moved to adopt the ordinance with Alternative #1. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE102301-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, PAINT BANK ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abuttingproperty owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to Paint Bank Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that theCounty allow them to pay their portion of the costs of connection to the public sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 23, 2001, and the second reading was waived because of the emergency nature of this request; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Paint Bank Road community. The total construction cost of this public water project is estimated to be $36,550.00, to be initially financed as follows: CitizenParticipation (4 at $3,655 each)$14,620 Advance from the Public Works$21,930 Participation Fund TOTAL$36,550 October 23, 2001 That there is hereby appropriated for this project the sum of $21,930 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2.That the“Project Service Area” is shown and designated on the attached plat entitled “Paint Bank Road Water Petition Project” prepared by the Roanoke County Utility Department, dated October 23, 2001. The Paint Bank Road Water Petition Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $5,000 ($3,655 toward construction costs, plus $1,345 toward the off-site facility fee), said costs to be paid in full and in advance of connection to the public water extension. 3.That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before January 23, 2002, of their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a)The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. (b)Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c)Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the propertyof the owners. Property owners also agree to pay the County any Clerk’s fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d)Property owners who wish to participate after the January 23, 2002 deadline (other than new property owners) shall pay a minimum of $7,076 ($4,386 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690). 4.That the payment by citizens in the project service area, in excess of the four (4) anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5.That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance with the County funding the Basic Construction Cost of $3,655.00 for the fifth property to achieve the 50% participation, waive the second reading because of the emergency nature of the request, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None October 23, 2001 2.Firstreadingofordinanceauthorizingtheacquisitionofreal estatefortheCarvinCreekHazardMitigationProject,PhaseII,to reducethenumberofstructuresintheCarvinCreekFloodplain. (GeorgeSimpson,CommunityDevelopmentAssistantDirector) Mr. Simpson advised that in February, 1999, staff brought a list of 13 properties to be acquired in Palm Valley along Carvin Creek. During the acquisition of Phase I, one of the property owners changed his mind so staff added another property to that list. This ordinance identifies the Woods property, and authorizes staff to take the necessary actions to acquire this property as part of Phase II. Supervisor Johnson moved to approve the first reading and set the second reading for November 13, 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.Secondreadingofordinanceauthorizingthevacationofan existing20'drainageeasementandacceptanceoftherelocated 20'drainageeasementonpropertyofLeonP.HarrisandBeverly Y.Harris,Lot3A,Section26,HuntingHills,locatedintheCave SpringMagisterialDistrict.(ArnoldCovey,Community DevelopmentDirector) This item was heard at the evening session at the request of Assistant County Attorney Huffman because it was advertised for a public hearing. IN RE:APPOINTMENTS October 23, 2001 1.RoanokeValleyResourceAuthority Supervisor Nickens nominated Douglas Anderson but withdrew the nomination when asked by Chairman Minnix to wait until the Board could discuss the nominations. Supervisor Church requested that one of the appointments expiring December 31, 2001 be filled by a citizen from Bradshaw Road in the Catawba District. Supervisor Nickens nominatedDanMorris,FinanceDirector,toreplaceDiane Hyatt, Chief Financial Officer, whose term expires December 31, 2002. 2.SouthwestDevelopmentFinancing,Inc. SupervisorNickens nominated Wendi Schultz to completetheunexpiredterm of Pete Haislip which expires January 12, 2002. IN RE:CONSENT AGENDA R-102301-7R-102301-7.b;R-102301-7.c;R-102301-7.e ; Supervisor Johnson moved to adopt the Consent Resolution.Themotion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION102301-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 23, 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.Confirmation of committee appointment to the Roanoke Valley Area Metropolitan PlanningOrganization (MPO) Community Advisory Committee. October 23, 2001 2.Resolution of congratulations to Allstate Insurance Company on the th occasion of its 50 Anniversary in the Roanoke Valley. 3.Resolution of appreciation upon the retirement of Daniel A. LaPrade, Police Department. 4.Request from Sheriff’s Office to accept $8,115 grant for the Adult Literacy and Basic Education Program. 5.Request for acceptance of Monet Drive into the Virginia Department of Transportation Secondary System. 6.Acceptance of donation of 20' sanitary sewer easement from Professional Coordinated Services, Inc. on ReservoirRoad, Hollins Magisterial District. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION102301-7.b OF CONGRATULATIONS TO ALLSTATE TH INSURANCE COMPANY ON THE OCCASIONOFITS50ANNIVERSARY IN THE ROANOKE VALLEY WHEREAS, Allstate Insurance Company was founded in 1931 as part of Sears, RoebuckandCompany, being named after an automobile tire line that Sears carried at that time; and th WHEREAS, the Allstate Insurance Company is celebrating its 70 thst anniversary in the United States, its 50 anniversary in the Roanoke Valley and its31 anniversary in the County of Roanoke; and WHEREAS,AllstateInsurance Company is ranked the ninth largest employer in the Roanoke Valley by the Chamber of Commerce, employing over 1,400 employees in multiple County locations, including the National Support Center which services customers and agents countrywide; and WHEREAS, Allstate Insurance Company, lives upto its slogan “You’re in Good Hands with Allstate,” by service to the community through the Allstate Foundation established in 1952 that awards grants to non-profit agencies seeking to improvethe quality of life and The Helping Hands Program which works with community groups to identify and address their most pressing needs; and WHEREAS, Allstate Insurance Company employees in the Roanoke Valley give of their time and talent through volunteer involvement in Junior Achievement, the West End Center, Boys and Girls Club, Meals on Wheels delivery, blood donor drives, and various other charitable organizations. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, offers its congratulations to Allstate Insurance Company on its th 50 anniversary in the Roanoke Valley; and October 23, 2001 FURTHER, the Board of Supervisors expresses its deepest appreciation to Allstate for its leadership role of service to the community and for providing employment to residents of the Roanoke Valley. 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 RESOLUTION102301-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DANIEL A. LAPRADE, POLICE DEPARTMENT,AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Daniel A. LaPrade was first employed by Roanoke County on July 1, 1973, in the Sheriff’s Office as a Deputy Sheriff, Traffic Bureau, and has also held the positions of Deputy Sheriff in the Detective Bureau, Services Division, Youth & Family Services, as well as Personnel Training Sergeant and Deputy Sheriff-Captain; and WHEREAS, Captain LaPrade retired from Roanoke County on October 1, 2001 as a Police Officer - Captain after twenty-eight years and three months of service; and WHEREAS, Captain LaPrade excelled at administrative responsibilities for the Police Department, especially concerning employment and Human Resources issues; and WHEREAS,CaptainLaPradewasinstrumental in substantially increasingthe funds obtained by the Police Department over the last year through his most recent assignment managing the proposals and processing of grant applications; and WHEREAS,CaptainLaPrade,throughhisemploymentwithRoanokeCounty, 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 DANIEL A. LAPRADE for over twenty-eight 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION102301-7.e REQUESTING ACCEPTANCE OF MONET DRIVE INTO THE VIRGINIADEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS,thestreetdescribedontheattached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, October 23, 2001 WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary systemof state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By:Supervisor Johnson Seconded By:None Required Yeas:Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays:None Absent:None IN RE:REQUESTS FOR WORK SESSIONS 1.RequestforworksessiononNovember13,2001toreviewthe SecondaryRoadSystemSixYearConstructionPlan(2002- 2008)andConsiderationofProjectsforFY2002-2003VDOT RevenueSharingProgram.(ArnoldCovey,Community DevelopmentDirector) It was the consensus of the Board to set a work session for November 13, 2001. 2.RequestforworksessiononNovember13,2001toreview proposedchangestoRoanokeCountyZoningOrdinance, Screening,Landscaping,andBufferYards.(JanetScheid, SeniorPlanner) October 23, 2001 It was the consensus of the Board to set a work session for November 13, 2001. 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.GeneralFundUnappropriatedBalance 2.CapitalFundUnappropriatedBalance 3.BoardContingencyFund 4.FutureSchoolCapitalReserve 5.ReportofSeptembermeetingofRoanokeValley-Alleghany RegionalCommission. 6.ReportofClaimsActivityfortheSelf-InsuranceProgram 7.ListofchangestotheVirginiaDepartmentofTransportation SecondarySysteminSeptember,2001. IN RE:CLOSED MEETING At 5:15 p.m., Supervisor Minnix moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-3711 A (3) discussion or consideration of the disposition of publicly held property, Salem Office Supply; Section 2.1-3711 A (7) to discuss legal matters requiring the provision of legal advice by the County Attorney and briefing by staff concerning Route 419 Crossover at Springwood Park; and Section 2.1-3711 A (20) to October 23, 2001 discuss plans to protect public safety as it relates to terrorist activity. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:CLOSED MEETING The Closed Meeting was held from 5:20 p.m. until 6:50 p.m. IN RE:CERTIFICATION RESOLUTION R-102301-8 Chairman Minnix advised that he was absent for part of the Closed Meeting and came in at the beginning of the discussion on the Route 419 Crossover at Springwood Park. At 7:00 p.m., Supervisor Minnix moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION102301-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 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, thatthe 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 October 23, 2001 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:PUBLIC HEARING AND FIRST READING OF ORDINANCE 1.Firstreadingandpublichearingofordinanceacceptinganoffer forandauthorizingthesaleofpropertylocatedat400EastMain Street,Salem,Virginia(SalemOfficeSupplyBuilding-Cityof SalemTaxMapNo.107-6-1).(AnneMarieGreen,Directorof GeneralServices) Ms. Green advised that this is the first reading of a proposed ordinance to declare the property located at 400 East Main Street, Salem, Virginia (the Salem Office A Supply building) to be surplus property and to authorize the conveyance of said property. @ The County has advertisedthe building for sale, and is in the process of receiving bids. For the last decade, the County has needed additional space in the Courthouse located in Salem. The State has continued to increase the numbers of judges, clerks and related employees, while the space available has remained static. As an example, the Court Services Unit recently lost space due to additional staff for the Juvenile and Domestic Relations Clerks Office. Staff has looked at many options, including purchasing property, = leasing space and adding on at the Courthouse complex. Ms. Green continued that in 1999, theCountypurchasedSalemOfficeSupply on East Main Street as a possible solution to this problem. The building contains over 19,700 square feet on two floors and is located directly across the street from the County October 23, 2001 Courthouse. The County paid $325,000 for the building,and has since put an additional $25,000 into it for stabilization, interior demolition and architectural and engineering work. There is $500,000 still available for renovation of the building.Once the interior of the building was stripped, and the framing and interior brickwork became visible, the architects determined that the building needs significant work in order to make it suitable for renovation, increasing the cost of the project. The Board then instructed staff to place the building for sale, and as partof that process, the County obtained an appraisal of the building indicating a value of $150,000-200,000 in its present condition. Hayes, Seay, Mattern and Mattern has prepared a feasibility study for renovation of the Salem Office Supply Building or construction of a new building on the site. She described three alternatives as follows: (1) Renovate the building for use as office space which provides the County with over 12,000 square feet of office space at a cost of $47/sq. ft for renovating the entire building. The additional funding required is $426,428, and the total cost of the project is $926,428. (2) Demolish the existing structure and build a new facility. Two alternatives for a new building are (a) build a four story 26,400 sq. ft. building with 17,124 sq. ft of office space at cost of $84/sq. ft. or (b) building a four story 24,000 sq. ft. building with 14,799 sq. ft. of office space at a cost of $84.50/sq. ft. Funding for Alternative 1 and part of Alternative 2 is available from the proceeds of the sale of the Lloyd property which the County sold for $984,000 in March, 2001. (3) Approve the first reading of the ordinance and authorize the County Administrator to execute the necessary documents to consummate this transaction. Ms. Green advised that staff recommends Alternative 1. The need for additional space in the Courthouse has existed almost since the building was completed, and will only grow in the future. The County has looked at various options throughout the October 23, 2001 City of Salem and the combination of location, cost and space available make this option the most appealing for the long term needs of the County. In the long run, owning space is far less expensive and more cost effective. Additionally, renovating this space leaves the Courthouse property available for parking. There were no citizens to speak on this item. After discussion, Supervisor Nickens moved to approve the first reading with Alternative #1, renovation of the building, and set the second reading and public hearing for November 13, 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 1.SecondreadingofordinancetoobtainaSpecialUsePermitto developagolfcourseon364acresandrezone118acresfrom AG-3,AgriculturaltoAR,AgriculturalResidential,locatedat3608 PitzerRoad,SE,VintonMagisterialDistrict,uponthepetitionof NathanielC.Haile.(CONTINUEDFROMSEPTEMBER25,2001) ChairmanMinnix announced that this item was being continuedattherequest of the petitioner. 2.SecondreadingofordinancetoamendtheRoanokeCounty zoningordinance,Section30-21(B)EnforcementProcedures uponthepetitionoftheRoanokeCountyPlanningCommission. (JanetScheid,SeniorPlanner) October 23, 2001 O-102301-9 Ms. Scheid advised that on August 14, 2001, the Board held a work session to discuss enforcement procedures for nuisance code andzoningviolations.Sheexplained that Section 30 of the Roanoke County Code (Zoning Ordinance) allows 15 days to correct violations that deal with the parking of recreational vehicles, boats and commercial vehicles. Staff is recommending that this time be reduced from 15 to 10 days to make this section of the Code consistentwith other sections of the Code. There were no citizens present to speak on this item. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE102301-9 AMENDING THE ROANOKECOUNTY ZONING ORDINANCE, SECTION 30-21.B.. "ENFORCEMENT PROCEDURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Sec. 30-21. Enforcement Procedures. * * * * (B)Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed fifteen (15) days from the date of written notification, except that the administrator may allowa longer time period to correctthe violation if the correction would require the structural alteration of a building or structure. (C)If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days. * * * * 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 October 23, 2001 3.SecondreadingofordinanceonthepetitionofBowmanDalton, Inc.toRezone3.71acresfromC-1CommercialOfficeDistrictto R-3MediumDensityMultifamilyResidentialDistrictwith conditionsforadevelopmentofmultifamilyhousinglocatedat 3990ChallengerAvenue,HollinsMagisterialDistrict.(Janet Scheid,SeniorPlanner)(CONTINUEDFROMAUGUST28,2001) O-102301-10 Ms. Scheid advised that this Planning Commission on August 7, 2001, heard the petition to rezone 4.62 acres of a 5.12 acre parcel property to multi-family residential to allow the construction of three townhouse units. As a result of the hearing, the plans were revised to show 4.33 acres to be rezoned, leaving all of the frontage property to the east side of the private road remaining C-1. The Board heard this rezoning request on August 28, 2001. At the public hearing, there was considerable discussion between the Board and the petitioners about the merits of leaving all of the frontage property along Route 460 commercial. The current petition is to rezone 3.71 acres toMulti-Family Residential which leaves 505 feet of frontage on Route 460 zoned C-1, Commercial. The R-3 zoning district allows 12 units per acre. The original density proposed on August 7 was 7.5 units per acre and the current proposal is for 9.4 units per acre. The Planning Commission recommended approval with the following proffers: (1) The subject property will be developed in substantial conformity with the plat entitled "Plat Showing Rezoning Exhibit, Property of Robert L. Metz and Reba S. Metz," prepared by Lumsden Associates, P.C., under date of 13 September 2001. (2) The C-1 and R-3 property shall share a October 23, 2001 common access road. Ed Natt, Attorney for the petitioner was present. There was no discussion and no citizens present to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE102301-10TOCHANGETHEZONINGCLASSIFICATION OF A 3.71-ACRE TRACT OF REAL ESTATE LOCATED AT 3990 CHALLENGER DRIVE (PART OF TAX MAP NO. 50.05-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF BOWMAN DALTON, INC. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing wereheld August 28, 2001, at which time this matter was referred to the Planning Commission for further consideration; and WHEREAS,the Roanoke County Planning Commissionheldapublichearing on this matter on August 7, 2001, and on October 2, 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 3.71-acres, as described herein, and located at 3990 Challenger Drive (Part of Tax Map Number 50.05-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of R-3, MediumDensity Multifamily Residential District. 2.That this action is taken upon the application of Bowman Dalton, Inc. 3.That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a)Thesubjectproperty will be developed in substantial conformity with the plat entitled "Plat Showing Rezoning Exhibit, Property of Robert L. Metz and Reba S. Metz," prepared by Lumsden Associates, P.C., under date of August 8, 2001, Exhibit A. (b)The C-1 and R-3 property shall share a common access road. 4.That said real estate is more fully described as follows: Beginning at a point on the northerly side of Challenger Avenue at the southeasterly corner of the property of W. M. Witt and Mary B. Witt (Tax Map No. 50.05-1-3); thence N. 37 deg. 15' 00' W. 200.85 feet to the actual place of beginning; thence S. 37 deg. 15' 00" E. 298.52 feet to a point; thence N. 51 deg. 00' E. 539.88 feet to a point; thence S. 37 deg. 15' 00" E. 277.28 feet to a point; thence S. 48 deg. 45' W. 301.79 feet to a point on the easterly October 23, 2001 side of the Proposed Private Road Common Area;thence with same generally in a southerly direction to the northerly right-of-way of Challenger Avenue; thence S. 32 deg. 00' W. 54.62 feet to the westerly side of the Proposed Private Road; thence proceeding withthe westerly side of the private road in a northerly direction to a point on the southerly line of the Common Area; thence S. 48 deg. 45' W. 199.05 feet to the Place of Beginning, and containing 3.71 acres. 5.That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 4.Secondreadingofordinanceauthorizingthevacationofan existing20'drainageeasementandacceptanceoftherelocated 20'drainageeasementonpropertyofLeonP.HarrisandBeverly Y.Harris,Lot3A,Section26,HuntingHills,locatedintheCave SpringMagisterialDistrict.(ArnoldCovey,Community DevelopmentDirector) O-102301-11 Ms. Scheid advised that this is the second reading of an ordinance to vacate an existing 20' drainage easement. At the time of construction on their residence, the Harris’ requested approval to pipe the existing easement due to its close proximity to the structure and because the drainage was a ravine on a steep grade.The County agreed to cover the costs of relocating the easement; VDOT covered the cost of piping within the new drainage easement; and the property owners were responsible for all other physical improvements within the relocation. Costs to the County for recording fees and publication expenses are estimated to be $120.00 and funds are available within the Community October 23, 2001 Development Department budget. Staff recommended approval of the ordinance. There were no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE102301-11 AUTHORIZING THE VACATION OF AN EXISTING 20' DRAINAGE EASEMENT AND ACCEPTANCE OF THE RELOCATED 20' DRAINAGE EASEMENT ON PROPERTY OF LEON P. HARRIS AND BEVERLY Y. HARRIS, NEW LOT 3A, SECTION 26, HUNTING HILLS (PLAT BOOK 16, PAGE 165; PLAT BOOK 19, PAGE 20; TAX MAP NO. 87.16-4-3) INTHE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS,bysubdivisionplatentitled‘SECTION NO. 26, HUNTING HILLS’, dated May 3, 1994, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 165, a “NEW 20' D.E.” [drainage easement] was dedicated and shown across Lot 3; and, WHEREAS, the subject drainage easement is further shown on ‘3A’ NEW LOT and designated as “20' D.E., P.B. 16, pg. 165" on re-subdivision plat entitled ‘PLAT OF SUBDIVISION FOR PROPERTYOFROBERTC.LAUCHERANDANNA JEAN LAUCHER CREATING HEREON NEW LOT 1A (1.657 AC.) AND NEW LOT 3A (1.624 AC.) BEING ORIGINAL LOTS 1, 2 & 3, SECTION NO. 26 “HUNTING HILLS” (PLAT BOOK 16, page 165),’ dated August 9, 1996, and recorded in the aforesaid Clerk’s Office in Plat Book 19, page 20; and WHEREAS, Leon P. Harris and Beverly Y. Harris are the current owners of ‘New Lot 3A’, Section 26, Hunting Hills, designated on the Roanoke County Land Records as Tax Map No. 87.16-4-3; and, WHEREAS, the owners have requested that, pursuant to §15.2-2272.2ofthe Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the above-described existing 20’ drainage easement, and accept in exchange a new 20' drainage easement across New Lot 3A, Section 26, Hunting Hills, P. B. 19, Pg. 20; and, WHEREAS, this vacation and acceptance will involve minimal cost to the County and the relocation has been approved by the County’s engineering staff; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on October 9, 2001; the public hearing and second reading of this ordinance was held on October 23, 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That the existing20'drainageeasementonLot 3, designated as “NEW 20' D.E.”and dedicated by subdivision plat entitled ‘SECTION NO. 26, HUNTING HILLS’, dated May 3, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 165, October 23, 2001 and further shown as “20' D.E., P.B. 16, pg. 165" on ‘3A’ on the above-described NEW LOT re-subdivision plat of record in the aforesaid Clerk’s Office in Plat Book 19, page 20, said easement being shown cross-hatched and designated as “EXISTING 20' DRAINAGE EASEMENT TO BE VACATED” on the partial copy of the plat recorded in Plat Book 16, page 165, attached hereto as Exhibit A, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2.That, in exchange, acquisition and acceptance of a new 20' drainage easement across New Lot 3A, Section 26, Hunting Hills, P.B. 19, Pg. 20, Tax Map No. 87.16-4-3, being designated and shown as “NEW 20' DRAINAGE EASEMENT” on Exhibit B attached hereto, be and hereby is, authorized and approved; and, 3.That the publication costs and recordation fees are to be paid from the budget of the Department of Community Development. 4.That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5.That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:REPORTS AND INQUIRIES OF BOARD MEMBERS SupervisorJohnson: (1) He thanked Supervisor Minnix for attending the press conference held Saturday about the citizens’ group and their plans for protection for Read Mountain and advised that the Board action today gives citizens the opportunity to preserve the mountaintop and it could serve as model for others. (2) He has received three calls concerningletters of mis-statement being distributed in the Huntridge section in Bonsack advising that a commercial entrance for Wal-Mart will be made through a County abandoned well lot. He assured the citizens that this is not true; that the County will live up to its previous commitments; and that no one should use scare tactics about a commercial entrance into the subdivision. October 23, 2001 SupervisorMcNamara: (1) He inquired if the County had used the financing part of the Southwest Development FinancingCommittee,and Mr. Hodge informed him that the County has not but it is receiving network benefits. (2) He announced several statistics in the Draper Arden’s report on the water and sewer rates for Virginia and that Roanoke County is one of two counties out of 176 counties that lowered their water rates. He feels that the citizen’sperspective is that the County has high water rates but in reality, they are below average. He feels that the Spring Hollow Reservoir is an asset and was great idea. SupervisorMinnix: (1) He followed up on Supervisor McNamara’s briefing on water rates and agreed that the County did great planning in building the reservoir. He asked that staff keep as much water in the reservoir as possible. (2) He advised that he enjoyed the press conference and the scenery was beautiful. He commended Supervisor Johnson for his financial pledge on behalf of his grandchildren to the Read Mountain group; commended the citizens for working hard; and advised that we are the only County to tackle ridge line protection. IN RE:ADJOURNMENT Supervisor Minnix moved to adjourn the meeting at 7:34 p.m. witha unanimous voice vote. Submitted by,Approved by, __________________________________ Brenda J. Holton, CMCH. Odell Minnix Deputy Clerk to the BoardChairman October 23, 2001 Thispageleftintentionallyblank