Loading...
HomeMy WebLinkAbout3/24/1998 - Regular March 24, 1998 183 ;=¡ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 24, 1998 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 March, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Deputy Assistant for Citizens Services. The Pledge of Allegiance was recited by all present. 184 March 24, 1998 = IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added an item to the Executive Session pursuant to Section 2.1-344 A (5) discussion concerning economic development prospects where no previous announcement has been made. Supervisor Nickens added an item to the Executive Session pursuant to Section 2.1-344 A (3) disposition of public property, well lot, agenda item U-3; and Mr. Mahoney added (7) consultation with legal counsel pertaining to probable litigation, condemnation; and (7) consultation with legal counsel pertaining to contractual agreement, Lowe's. Mr. Mahoney added the second reading of an ordinance authorizing conveyance of easement to Ohio State Cellular Phone Company, agenda item G-2 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Resolution of appreciation upon the retirement of Edward "Gene"Buñord. General Services. R-032498- 1 Chairman Johnson presented the resolution to Mr. Burford. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-1 EXPRESSING THE APPRECIATION OF THE March 24, 1998 185 - BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF EDWARD E. "GENE" BURFORD, GENERAL SERVICES WHEREAS, Edward E. "Gene" Burford retired from Roanoke County on March 1, 1998, after twenty-seven years of services, and was inducted into the Quarter Century Club in 1997; and WHEREAS, Mr. Burford was first employed in 1971 as a Motor Equipment Operator I in the General Services Department, and has also served as Laborer, Fuel Dispenser Attendant, Refuse Collector, and Custodian; and WHEREAS, Mr. Burford has a pleasing disposition and friendly attitude, and was always willing to go the extra mile for his co-workers, such as opening the Roanoke County Administration Center during non-op!irating hours; and WHEREAS, Mr. Burford, through his emploYment with RoanoKe County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to EDWARD E. "GENE" BURFORD for twen(y-seven years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: NEW BUSINESS 1... Request to acceDt and approDriate monies from the Virginia Juvenile Community Crime Control Act (VJCCCA) and adopt the resolution prioritizina the eXDenditure of the arant proceeds. (John Chambliss. Assistant County Administrator) R-032498-2 Mr. Chambliss advised that funding for the VJCCCA is based on Juvenile Crime statistics as reported by the Virginia State Police document Crime in Virginia. / I 186 March 24, 1998 Roanoke County received $511,617 for Fiscal Year 1997/98 and is scheduled to receive $490,374 for FY 1998/99 and a like amount for FY 1999-2000. Any unspent monies which are left at the end of the biennium (June 30, 2000) must be returned to the State. The Act requires a local Maintenance of Effort (MOE) which is the expenditure of local dollars to supplement the state grant. This amount has declined from $102,447 to a projected $24,644 for each year of the upcoming biennium. This local effort can come from the $50,000 local contribution to the Youth Haven II program included in the operating budget. Review of the plan as required has been completed by the Director of the local Court Service Unit, the Judges of the local Juvenile and Domestic Relations Court, and the Community Policy and Management Team. Programs suggested for funding for FY 1998-99 include (1) intensive probation $26,000, (2) community service $32,000, (3) probation aide $22,000, (4) operating expenses $10,000, (5) purchase of services - non-residential $75,000, (6) purchase of services for the residential placement of youth $250,374, and (7) supplement to Youth Haven II $99,644. He asked that the Board approve the resolution accepting and appropriating the grant monies. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-2 APPROVING THE APPROPRIATION OF AND PRIORITIZING THE EXPENDITURE OF FUNDS FOR FY 1998-99 and FY 1999-2000 FROM THE VIRGINIA JUVENILE COMMUNITY CRIME March 24, 1998 187 ~ CONTROL ACT , WHEREAS, the County of Roanoke has been advised that it will receive monies from the Virginia Juvenile Community Crime Control Act in the amount of $490,374 each for FY 1998-99 and FY 1999-2000, and WHEREAS, these monies must be used to fund services for the target populations identified in the Act which include CHINS (Children in need of services), CHINSUP (Children in need of Supervision), Delinquent, Diverted, and First Offender children, and WHEREAS, the County staff has coordinated with the Director of the Court Service Unit and the Judges of the Juvenile and Domestic Relations Court to determine the services necessary to address the needs of the children appearing before the Court and before the intake officers, and WHEREAS, the services of Intensive Probation, Community Services programs, Probation Aide Services, and the purchase of services for Outreach Detention, Crisis Intervention, and group residential care have been identified as the highest priority needs for the targeted population of Roanoke County appearing before the court and the intake officers, and WHEREAS, the County recognizes the requirement to provide the local Maintenance of Effort (MaE) monies in the amount of $24,644 for each of the two fiscal years to match said grant. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the VJCCCA monies are hereby accepted in the amount $490,374 for FY 1998-99 and FY 1999-2000 are hereby appropriated for the above referenced programs. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. Consideration of claim bv Edward C. Woodard. (Paul Mahoney. County Attorney) A-032498-3 Mr. Mahoney advised that Mr. Edward C. Woodward is seeking $2,470.14 for damages to his property as a result of a sewer back-up on December 16, 1997. The Code of Virginia establishes a procedure for the submission of claims by / 188 March 24, 1998 '== citizens to the governing body for action. The Board may either allow the claim and authorize its payment or disallow the claim. Travelers Property Casualty Corp., Mr. Woodard's homeowners' insurance carrier, has declined coverage. Mr. Mahoney reported that there was a sewer blockage in an adjoining sewer line segment on June 28, 1990 but this event is unrelated to the one on December 16,1997. He advised that the Board should disallow the claim and permit Mr. Woodard to pursue his claim in court. His opinion was based on the recent decision (1989) of the Supreme Court of Virginia regarding traditional negligence and that the County has met the standards of care by its extensive Sanitary Sewer Evaluation/Rehabilitation (SSER) program. Supervisor Harrison advised that there was a similar problem in the Catawba District last Friday and in response to his inquiry, Utility Director Gary Robertson reported that he had received 19 calls as of today with at least nine being sewer related. In response to another inquiry, Mr. Hodge advised that staff prefers not to put in manual cut-off values but back-flow values could be provided if a citizen wanted to install it. Supervisor Minnix moved to deny the claim. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Resolution aDDrovina the Roanoke ReQional Aimort Commission Budget for Fiscal Year 1998/99. (Diane Hyatt. March 24, 1998 189 Director of Finance) R-032498-4 Ms. Hyatt advised that the Roanoke Regional Airport Commission is required to submit their budget to the Roanoke County Board of Supervisors and Roanoke City Councìl for approval. The 1998-99 budget shows revenues of $5,855,456 and expenditures of $5,139,795 which reflects that the airport operations are self supporting and do not require any additional supplement from either the County or the City. The Commission also adopted a proposed capital expenditure budget program totaling $400,000 which will be funded with Commission funds. Included in the budget is a 3% average salary raise for employees, and two new positions. She asked that the Board approve the budget. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-4 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 1998-99, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 11, 1998, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 1998-99 budget of the Roanoke Regional Airport Commission. / 190 March 24, 1998 , THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 1998-99 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 11, 1998, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Reauest for approval of the 1998/99 Cable TV Budaet. (Anne Marie Green. Community Relations Director) A-032498-5 Ms. Green advised that Roanoke Valley Television (RVTV) is governed by the Roanoke Valley Regional Cable Television Committee and the operating budget is provided for by Roanoke County, Roanoke City, and the Town of Vinton, based on the proportion of Cox customers located in each jurisdiction. The governing bodies have informally agreed to provide up to 20% of the franchise fee paid by Cox communications to fund the operations of this facility. Overall, programming increased 55% in the last year and the Cable Television Committee recently approved purchase of an automated playback system which will increase the number of hours per day that programming can be played on Channel 3 without increasing stáff time. The budget request is for $197,670 and Roanoke County's share is 33.8% or $66,812, an increase of $2,256 over last year's budget. The budget includes (1) reinstatement of the assistant station manager position; (2) addition of a part-time production assistant; and ~ '\ March 24, 1998 19J ~ (3) 3% raises for the staff, but actual raises will be at the County's rate. She asked that the Board approve the budget request in the amount of $66,812. Supervisor Nickens moved to adopt the budget. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Adoption of resolution requesting the Virainia Department of Transportation to adoDt recommended lists of Primary and Interstate proiects for the 1998-2004 Six Year Improvement Plan. (Arnold Covev. Director of Engineerina & Inspections) R-032498-6 Mr. Covey asked that the Board adopt a list of interstate and primary projects to present to the Virginia Department of Transportation Board Preallocation Hearing for fiscal year 1998-98 on March 31, 1998, at the Salem District office. The Six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms ·of transportation construction for distribution in the 1998-2004 plan. Roanoke County, along with 11 other counties' 'and Len cities, will be lobbying for these funds. He described the budgeted projects included in the six year improvement program in Roanoke County, and the projects not on the plan, and asked that the Board adopt the prioritized list of projects and resolution. / 192 March 24, 1998 ,= Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson designated Supervisor Harrison to attend the preallocation hearing and speak on behalf of the County. RESOLUTION 032498-6 REQUESTING VDOT TO CONTINUE FUNDING PROJECTS CURRENTLY ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 1998-2004 PRIMARY AND INTERSTATE SIX YEAR IMPROVEMENT PLAN WHEREAS, the Six Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the fOllowing projects identified as "Projects on Plan" are recommended to continue to receive funding for planning and construction; and · Interstate 81 - Roanoke County is very pleased with the Interstate 81 improvement study recently published and will be forwarding our concerns within a couple of months. · Interstate 73 - Again, Roanoke County is very pleased with the progress on future Interstate 73 and we continue to support the 220 corridor as an 1-73 location. Roanoke County will be forwarding our preferred corridor/alignment later this year. · Rte. 221 (Bent Mountain Road) - Roanoke County is requesting continued allocation of funds for this project. Roanoke County is very receptive in splitting this project into ~. March 24, 1998 193 ~ two phases; especially if construction funds are not available for the whole project. Our immediate concerns are the horizontal curves within the first mile of proposed improvements. . Rte. 220 South - Roanoke County is pleased that the two miles of 220 South are being straightened. We look forward to the completion of this project. . Rte. 11/460 West - Roanoke County is appreciative that this project finally made the plan. Roanoke County requests additional funding so this project can move forward as quickly as possible. . Rte. 419 - The right turn lane proposed along 419 at Hidden Valley school is also a welcome improvement and we look forward to its completion. 2. That the following projects identified as "Projects Not on Plan" have been identified by the Board of Supervisors as extremely important to the growth of Roanoke County and are requested to be included in the VDOT Six Year Improvement Program for the 1998-99 Fiscal Year. They are listed in priority order. 1. Rte. 11 (Williamson Road) Need: Now that Rte. 11 has been widened from Plantation Road (Rte. 115) to Hollins College, there remains one section of three lane road from Peters Creek Road (Rte. 117) to the Roanoke City limits. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the realignment of Florist Road with Rte. 11 have created additional congestion and safety concerns. The existing section of road, 1.52 miles, is a three-lane road with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. Traffic counts: 15,000 vehicles per day from the Roanoke City limits to Peters Creek Road. This stretch of road has also been identified as an alternate route in case of a blockage on 1-81/581. Recommended Improvements: A five-lane highway with appropriate turning lanes, which will complete improvement of Williamson Road from the city limits to the intersection of Rte. 115. 194 March 24, 1998 ~ Cost: $10,000,000. 2. Rte. 1151Plantation Road) Need: The existing road, 2.43 miles, is two lanes with many side connections to residential neighborhoods. The road needs to be improved from Roanoke City limits north, to Rte. 11. If full funding is not available, various spot improvements, such as turn lanes, alignment and grade improvements, would help with safety issues. Additional land is available along the road for future development, which will increase traffic in the future. Traffic Counts: From the Roanoke City limits to Williamson Road, 11,000 vehicles per day. Recommended Improvements: Five lane flush highway with appropriate turning lanes. Cost: $12,000,000 - $15,000,000. 3. Rte. 220S (Franklin Road) Need: Increased development (Roanoke City and County) along this stretch of road is creating traffic congestion for 220 expressway and Rte. 419. This section of road is a bottleneck for local and commuter traffic. An additional lane in both directions would reduce the traffic congestion in the area. Traffic counts: 20,000 to 25,000 vehicles per day. Recommended Improvements: A six-lane divided highway with appropriate turning lanes. Cost: $10,000,000 3. That the Board of Supervisors request that the Commonwealth of Virginia create an expanded pool of funds to meet increasing transportation needs throughout the state. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None March 24, 1998 195 INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for April 28, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. First reading of ordinance authorizinQ a Special Use Permit to add a wireless telecommunications tower to an existina facilitv. located at 4135 West Main Street. Catawba Magisterial District. UDon the petition of Ohio State Cellular. 2. First readina of ordinance to rezone approximatelv 2.0 acres from C-1 to C-2 and obtain a Special Use Permit to construct a home for adults. located at the southwest corner of Rosecrest and Route 221. Windsor Hills Magisterial District. upon the petition of Stephen and Marie Freeman. 3. First reading of ordinance authorizing a Special Use Permit to allow a dance hall. located at 5610 Williamson Road. Hollins Magisterial District. upon the· petition of Tavlor Yeh and Jermaine Enalish. 4. First reading of ordinance authorizing a Special Use Permit to expand an existing religious assemblv facility. located at 4804 Stanley Farm Road. Catawba Magisterial District. upon the petition of Glenvar Baptist Church. 5. First readinQ of ordinance authorizing a SDecial Use Permit to allow an outdoor aatherinQ in the 7000 and 8000 blocks of Woodhaven Road. Catawba Maaisterial District. UDon the petition of Old German BaDtist Church. / , 196 March 24, 1998 t= 6. First readinQ of ordinance to amend the Planned Industrial District of the Roanoke County ZoninQ Ordinance and rename the district the Planned Technoloav Development District. upon the petition of the Roanoke County Board of Supervisors. 7. First reading of ordinance to rezone 456.6 acres from R-1, residential to Plannina Technoloay DeveloDment District. for a business and commercial park. located in the 5300 block of Glenmary Drive. Catawba Magisterial District. upon the Detition of the Roanoke County Board of SUDervisors. INRE: SECOND READING OF ORDINANCES 1. Second readina of ordinance to vacate and release Droperty interests conveyed to the Board of Supervisors in connection with roads. streets. alleys. rights-of-way. and Dublic access in and around Pinkard Court Subdivision. (Vickie Huffman. Assistant County Attorney) 0-032498- 7 Ms. Huffman advised that this is the second reading of a proposed ordinance to vacate and release, and reconvey where applicable, several real estate interests conveyed to the Board of Supervisors in connection with the roads, streets, alleys, right-of-ways and public access in and adjoining the Pinkard Court Subdivision. These interests were created by recorded instruments, separate from the subdivision plat. She reported that there had been no changes since the first reading. In response to an inquiry, she advised that Lowe's Company will be closing their transactions , March 24, 1998 197 tomorrow, a process which has been on-going since November, 1997. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-7 TO VACATE AND RELEASE PROPERTY INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY, AND PUBLIC ACCESS IN AND AROUND PINKARD COURT SUBDIVISION WHEREAS, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, the owners of properties bordering on each side of Washington Road along the southwestem boundary of Pinkard Court Subdivision executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an additional 10' strip along the southwest side of Washington Road, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, the owners of properties bordering on each side of the portion of Valley Avenue beginning about .02 miles southwest of Booker Road and extending in a southwesterly direction about .05 mile to Washington Road in Pinkard Court Subdivision, executed their consent to give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of- way for said road/street to be 40 feet in width, including an additional 7.5 feet on each side of the designated portion of Valley Avenue, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by instrument dated January 19, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1416, the owners of properties bordering on each side of the portion of Pinkard Street (also known as Pinkard Avenue), extending from Booker Road (Route 878) in a southwesterly direction about .05 mile to a new turn-around, in Pinkard Court Subdivision, executed their consent to 198 March 24, 1998 '-- give unto Roanoke County, without compensation, each as to the lands by him owned, an easement and right-of-way for said road/street to be 40 feet in width, including an arc of land on each side of Pinkard Street for the cul-de-sac, together with such additional widths as may be necessary for slopes, ditches and drainage facilities, in order for said road to be established as a part of the state secondary road system; and, WHEREAS, by deed dated September 2, 1996, and recorded in the aforesaid Clerk's Office in Deed Book 1531, page 1154, Dennis E. Phelps, ª ms., conveyed fee simple title to a 0.037 acre of land, being the northwesterly portion of Lot 4, Block 4, Pinkard Court Subdivision, to the Board of Supervisors for right-of-way and easement in connection with the improvement and acceptance of Pinkard Street into the state secondary road system; and, WHEREAS, by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, Thomas M. Davis, Jr., and Carolyn C. Davis granted and conveyed for the use of the general public a perpetual easement for foot and vehicle traffic over, across and upon a new 16' alley through Lots 27, 22, and 21, in Block 1, of Pinkard Court Subdivision, together with an easement for such drainage ditches as are necessary to drain any road established across said alley, said easements being to replace the alleys vacated by the Roanoke County Board of Supervisors by Ordinance adopted on December 11, 1973, all as shown on a plat attached to said deed of easement; and, WHEREAS, by deed dated November 21, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, W. M. Jernigan, Jr., and Vala Jernigan, husband and wife, conveyed unto the State of Virginia a twelve-foot (12') strip of land along the southerly side of Lot 12, Section 1, Pinkard Court, and by deed dated December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 33, Joseph W. Nackley conveyed unto the Commonwealth of Virginia a twelve- foot (12') strip of land along the southerly side of Lot 13, Section 1, Pinkard Court, said conveyances being adjacent to, and parallel with Summit Avenue and for purposes of widening Summit Avenue on the northerly side thereof; and, WHEREAS, due to the proposed acquisition and development of the lots in Pinkard Court Subdivision and surrounding properties, and in view of the vacation of the public rights-of-way shown on the plat of Pinkard Court Subdivision in Plat Book 1, Page 363, by Ordinance #021098-9 adopted by the Board of Supervisors on February 10, 1998, and the abandonment of those sections of said rights-of-way in the state secondary road system by Resolution #021098-8, the Board deems the above- described real estate interests no longer necessary for the County or for the public, and the County has no current or future use for these interests. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1998; and a second reading was held on March 24, 1998; and, '-. March 24, 1998 199 ~ 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the real estate interests hereinabove described are hereby declared to be surplus, and the nature of said interests render them unacceptable and unavailable for other public uses; and, 3. That, subject to the conditions contained in Paragraph 7, all right, title and interest acquired by the Board of Supervisors of Roanoke County, Virginia, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1221, page 1410, and Deed Book 1221, page 1413, respectively, for Washington Road, by instruments dated March 19, 1983, and March 1, 1985, and recorded in the aforesaid Clerk's Office in Deed Book 1221, page 1407, and Deed Book 1221, page 1404, respectively, for Valley Avenue, and by instrument dated January 19, 1985, and recorded in Deed Book 1221, page 1416, for Pinkard Street (also known as Pinkard Avenue), be, and hereby is, vacated and released; and, 4. That, subject to the conditions contained in Paragraph 7, the northwesterly portion of Lot 4, Block 4, Pinkard Court, consisting of 0.037 acre, be, and hereby is, vacated and released as a right-of-way and easement for acceptance of Pinkard Street into the secondary road system, and the County Administrator or any Assistant County Administrator is hereby authorized to re-convey said parcel to the owner of Lot 4, Block 4, Pinkard Court, as of the time such conveyance is made, said parcel to be added and combined with Lot 4, by deed or by plat, in compliance with the Roanoke County Subdivision Ordinances, and other applicable laws and regulations; and, 5. That, subject to the conditions contained in Paragraph 7, the new 16' alley through Lots 27, 22 and 21, in Block 1, Pinkard Court, conveyed as a perpetual easement for use of the general public by deed of easement dated January 15, 1974, and recorded in the aforesaid Clerk's Office in Deed Book 988, page 811, be and hereby is, vacated and released; and, 6. That, subject to the conditions contained in Paragraph 7, all right, title and interest of the County or the Board of Supervisors of Roanoke County, Virginia, which may have been acquired by virtue of the deeds dated November 21, 1949, and December 8, 1949, and recorded in the aforesaid Clerk's Office in Deed Book 429, page 31, and Deed Book 429, page 33, respectively, for the widening of Summit Avenue be, and hereby is, vacated and released; and, 7. That this ordinance shall be subject to the following conditions: a. That fee simple title to all of the lots in Pin~ard Court Subdivision as shown on Plat Book 1, Page 363 (except Lots 1, 2, and 3 in Block 1 which are not affected by this action), to a parcel of land currently owned by Rowena P. Jernigan (Deed Book 1288, Page 803) designated on the Roanoke County Land Records as Tax Map No. 87.08-3-1, and to a parcel of land consisting of 21.686 acres, more or less, and being a portion of a tract of land currently owned 200 March 24, 1998 by Craighead Real Estate (Deed Book 1388, Page 1311; Will Book 44, Page 1447) designated on the Roanoke County Land Records as Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-1-43, shall be acquired by Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.), in one common ownership and all of said lots or parcels shall be added and combined into one tract or parcel of land, with other parcels added if necessary or desired, within four months from the date of the adoption of this ordinance. b. That a new public right-of-way from Franklin Road (Route 220) and extending to Washington Avenue be dedicated and the appropriate guarantee be provided to the County of Roanoke for the construction of the new road to the standards required by the Virginia Department of Transportation (VDOT) and for VDOT acceptance of the new road into the state secondary road system. c. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of Interstate Development, L.L.C., or its assignee (Lowe's Companies, Inc.); and, 8. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such other documents and take such further actions on behalf of Roanoke County as are necessary to accomplish the vacation, release and relinquishment of said property interests, all of which shall be on form approved by the County Attorney. 9. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second readina of ordinance authorizina the conveyance of an easement to Ohio State Cellular Phone Company. Inc.. across a well lot on Kentland Drive. (Paul Mahonev. County Attorney) 0-032498-8 Mr. Mahoney advised that this is the second reading of an ordinance March 24, 1998 201 authorizing Appalachian Power Company (AEP) to expand the use of an existing easement across a well lot on Kentland Drive to allow a telecommunications antenna and related facilities to be located on an existing transmission line tower. County staff reviewed the request and determined that it will not interfere with the County's use of the property. However, at the first reading of this ordinance on March 10, 1998, the Board asked Mr. Mahoney to negotiate the payment of a reasonable sum for the use of the public property. After discussions with AEP and U. S. Cellular Corporation, U. S. Cellular agreed to purchase an easement from the County for its subsidiary, Ohio State Cellular Phone Company, Inc. and requested that the easement be conveyed to AEP. The ordinance has been revised to reflect that $12,000 will be provided for the easement, and these proceeds will be deposited in the Utility Capital Facility Fund. There was no discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-8 AUTHORIZING APPALACHIAN POWER COMPANY TO EXPAND THE USE OF AN EXISTING EASEMENT ACROSS A WELL LOT ON KENTLAND DRIVE OWNED BY THE BOARD OF SUPERVISORS WHEREAS, by Deed of Easement dated May 3, 1950, Appalachian Electric Power Co. was granted an easement a distance of 1271 feet, more or less, and 100 feet in width by W. S. Phelps and Eula A. Phelps, his wife, recorded in the Clerk's Office of the County of Roanoke in Deed Book 437, page 147; and, WHEREAS, the Board of Supervisors of Roanoke County is now the owner of a portion of the property formerly owned by W. S. Phelps and Eula A. Phelps / , 202 March 24, 1998 - and is designated as a well lot on Kentland Drive, Tax Map No. 76.12-8-25; and, WHEREAS, a portion of the easement granted to Appalachian Electric Power Co. (APCO) by W. S. Phelps and Eula A. Phelps crosses the County's well lot on Kentland Drive; and, WHEREAS, Appalachian Power Company (APCO) has requested authorization to expand the use of the existing easement across the well lot on Kentland Drive to allow a telecommunications antenna and related facilities of Ohio State Cellular Phone Company, Inc., to be located on an existing transmission line tower as shown on APCO Drawing No. R-3313, dated December 22, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1998; and a second reading was held on March 24, 1998. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with installation of a telecommunications antenna and related facilities on an existing electric transmission line tower. 3. That the conveyance of the expanded use of the right-of-way for an underground service line(s) and related facilities to electric service for a telecommunications antenna, as shown on APCO Drawing No. R-3313, dated December 22, 1997, to Appalachian Power Company for the sum of Twelve Thousand Dollars ($12,000.00) is hereby authorized. 4. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1. Fifth Planning District Commission - Stormwater Management Citizens' Advisorv Committee '- March 24, 1998 203 - Supervisor Harrison asked that Mr. Hodge provide recommended names for nomination and information about the qualifications for the committee. INRE: CONSENT AGENDA R-032498-9. R-032498-9.b Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens requested that before donations are made, that use by the County should be explored completely. Supervisor Johnson suggested that the items in the Consent Agenda be broadcast on television during the meeting for the public's information. Ms. Green responded that the character generator was unable to handle that volume of information. RESOLUTION 032498-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 March 24, 1998, designated as Item 1- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes - February 10, 1998, February 12, 1998, February 24, 1998 and March 10, 1998. 204 March 24, 1998 - 2. Confirmation of committee appointment to Roanoke Valley Greenway Commission. 3. Resolution requesting approval by the Virginia Department of Transportation of two proposed welcome signs and a landscaped planting area in the Clearbrook community within a public right of right in Roanoke County. 4. Request to donate a surplus water tank to Franklin County Parks & Recreation. 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 with Item 9 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-9.b REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF TWO PROPOSED WELCOME SIGNS AND A LANDSCAPED PLANTING AREA IN THE CLEARBROOK COMMUNITY WITHIN A PUBLIC RIGHT- OF-WAY IN ROANOKE COUNTY WHEREAS, the Virginia Department of Transportation shall review specifications for the design, installation and maintenance of community welcome signs and landscape plantings in highway medians at particular locations in Roanoke County, and WHEREAS, Roanoke County has previously selected, received approval for, established and maintained numerous community welcome signs and gateway beautification sites on primary highways, and WHEREAS, the Clearbrook community has indicated its desire for, and the Board of Supervisors hereby expresses its willingness to fund the design and installation of this project - sum total not to exceed $3,500 - and that the Board of Supervisors will provide for the perpetual maintenance of this project in lieu of a permit fee or continuous bond. _ _' NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisòrs of Roanoke County, Virginia requests that the Virginia Department of Transportation approve the submitted specifications and permit community welcome signs at the following locations; said permit to include approval of a landscaped planting area at location (2) specified herein: ~ March 24, 1998 205 (1) U.S. 220 north of the Blue Ridge Parkway (2) U.S. 220 at VA 958 (Dunahoo Drive) On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison: He advised that he felt that five meetings are needed over this two month period and that one meeting should be budget oriented only. Supervisor Nickens: He advised that he thought the Board established a standard for "Welcome to Roanoke County" signs, but now he finds that there are two versions. He referred this to Mr. Hodge and staff for future review and evaluation. Chairman Johnson concurred and advised that the Board should be informed of any changes with sketches. Mr. Hodge responded and will report back. Supervisor McNamara: (1) He advised that the Bent Mountain cleanup is still going on and that the chippers will be kept there for some time. He thanked General Services, County Administration, and the Bent Mountain citizens. (2) He advised that the Windsor Hills Advisory Council will be meeting on March 25th and that he will have a report at the next Board meeting. Supervisor Minnix - He asked that Arnold Covey see him before Mr. Covey leaves. Supervisor Johnson: He reported on the recent heavy rains, the ./'''- , 206 March 24, 1998 ~ flooding in Palm Valley, and possible sources of relief for that area. He advised that one remedy is the Roanoke Valley Regional Stormwater Program and asked that staff move this forward by meeting with the Cities of Roanoke and Salem. REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund UnaDDropriated Balance 2. CaDi tal Fund UnapDropriated Balance 3. Board Contingency Fund 4. Accounts Paid - February 1998 5. Statement of Revenues and Expenditures as of February 28. IN RE: IN RE: 1998 6. Report from the Virginia Department of TransDortation of chanaes to the Secondary System as of February 1998 7. Statement of the Treasurer's Accountability per Investments and Portfolio Policy. as of February 28.1998 EXECUTIVE SESSION At 4:05 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (5) discussion concerning ~ March 24,1998 207 economic development prospects where no previous announcement has been made; Section 2.1-344 A (3) disposition of public property, well lot, agenda Item U-3; Section 2.1-344 A (7) consultation with legal counsel pertaining to probable litigation, condemnation; and Section 2.1-344 A (7) consultation with legal counsel pertaining to contractual agreement, Lowe's. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R·032498-10 At 4:39 p.m., Supervisor Johnson moved to return to open session, that the Executive Session was held from 4:05 p.m. until 4:45 p.m., and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 executive 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 208 March 24, 1998 ~ requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: WORK SESSIONS 1. Economic DeveloDment strategy The work session was held from 4:50 p.m. until 5:20 p.m., and was presented by Tim Gubala, Director of Economic Development, and Joyce Waugh, Assistant Director. Mr. Gubala explained that the Strategy examines the background of economic development, the roles of other economic development groups in the Roanoke Valley, and the relationship to the Comprehensive Plan. He described the program areas for existing industry development, product development, new business attraction, tourism and community development. Each program area has a mission statement, goals and objectives, program activities and impact measures. He asked that the Board review the draft and make comments so that the Strategy could be adopted at another Board meeting. During the discussion, it was suggested that the following items affected economic development and should be added to the report: (1) McDonald Farm, (2) Downtown Vinton, (3 Explore, (4) Cox Cable, (5) New Century Bureau in Pulaski, and (6) 1-81 widening. Supervisor Nickens advised that there is a ~ March 24, 1998 209 = matching state grant available to promote tourism which could be applied for regionally. Mr. Gubala was asked to follow up on this suggestion. IN RE: RECESS A recess was declared from 5.20 p.m. until 5:45 p.m. 2. Budaet work session with School Board The work session was held from 5:45 p.m. until 6:55 p.m. The School Board Chairman Bill Irvin, and School Board members Jerry Canada, Marion Roark, and Michael Stovall, and Tom Leggette, were present. Also present were Dr. Gordon, School Superintendent, Dr. Jerry Hardy, Director, Budget and Data Management, Martin Robison, Assistant Superintendent, James Gallion, Assistant Superintendent, Brenda Chastain, School Board Clerk, and Dale Summers, Administrative Specialist. Mr. Hodge presented several handouts with information about the 1998/99 budget: (1) things that have to be done totaling $5,121,940 and asked that both Boards approve these as priority items; (2) additional expenses totaling $1,783.205, and (3) projected new revenue sources of $5,363,199. There was discussion concerning the Virginia Retirement System increase in rates due to the five year phase in of the Cost of Living Adjustment (COLA) and House Bill 36. The School Board budget was presented with four different scenarios. Mr. Stovall suggested forming a team with two members from the School Board, School staff, Board of Supervisors, and County staff which would meet at least twice a year to set priorities. Supervisor McNamara volunteered to serve but there was no consensus to move forward with the team. The Board asked Diane Hyatt and Penny Hodge to work with the school staff to balance their budget. The /- / 210 March 24, 1998 - Schools will report back to the Board of Supervisors. There was discussion about another joint meeting of the School Board and Board of Supervisors but no decision was made. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Conaratulations to the William Byrd High School Girls Basketball Team for winnina the GrouD AA State Championship. R-032498-11 Vice Chairman Nickens presented the resolution and certificates of recognition to Coach Thrasher and members of the team. He also presented Coach Thrasher with a William Byrd football helmet with inscriptions about the basketball team accomplishments. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 032498-11 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING GROUP AA STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Girls Basketball Team won the \ '- ~, , March 24, 1998 211 - Group AA state basketball championship this year, overcoming a 10-point deficit to beat Turner Ashby by 57-54; and WHEREAS, Brandy Allen, who scored 30 points during the championship game, was named AA Player of the Year in Virginia, First Team All State, First Team All Region, First Team All District, and District and Region Player of the Year; and Andrea Gay was named to the First Team All District; and WHEREAS, the William Byrd High School Girls Basketball Team's record for the season was 29 wins and one loss; and WHEREAS, Coach Richard Thrasher was named AA Coach of the Year for the State of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the William Byrd High School Girls Basketball Team: Kara Norcross, Dawn Chewning, Erin Caldwell, Whitney Yates, Sarah Moore, Lara Nester, Stephanie Parnell, Andrea Gay, Brandy Allen, Brennan Sigel, Nicole Bailey, Courtney Ross, J. J. McKinney, and Jackie Killen; Managers, Glenn Rife, Justin Mitchell and Kellen Williams; and Coaches, Richard Thrasher, Debbie Williams-Arthur, Robin Hungate, Garry Saunders, and Tammy Newcomb, for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the team, the coaches, and the school in their future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: BRIEFINGS AND PRESENTATIONS 1. Budget requests from Fire and Rescue Chiefs. Mr. Hodge, and Chief Rick Burch, Fire & Rescue, summarized accomplishments during the past year and expectations for the future. Chief Burch advised that the focus for 1998 and 1999 will be on the people and the facilities. He encouraged the Board to support the proposed county-wide maintenance program suggested by General Services Director Bill Rand, and the additional staffing requests. He advised that Chief John King would speak on behalf of the Volunteer Fire Chiefs 212 March 24, 1998 - Board and Chief Joe Coyle would speak on behalf of the Volunteer Rescue Chiefs Board. Chief John King, Vice Chairman, Volunteer Fire Chiefs Board, and Chief of the Cave Spring Volunteer Fire Department, asked for 6 additional personnel to staff the ladder truck at Company 3, Cave Spring, and also support for maintenance of the buildings. Chief Joe Coyle, Volunteer Rescue Chiefs Board, requested staffing for Rescue 3, Cave Spring, so that the hours of 6 a.m. and 7 a.m. would be covered. He supported the request of the Volunteer Fire Chiefs Board for staffing for the ladder truck also. In response to Supervisor Nickens, he advised that they were requesting six staff positions: two paramedic firefighters to staff Rescue 3, 12 hours, 6 a.m. until 6 p.m. and 4 staff positions for the ladder truck at Company 3. Chairman Johnson referred these requests to the staff for consideration during the budget process. There was some discussion about the possibility of charging for rescue calls, and Chairman Johnson asked Mr. Hodge and Chief Burch to bring a recommendation back to the Board. 2. Budaet reauests from Human Services. Social Services. Cultural and Tourism aaencies. The following individuals spoke on behalf of their agencies for funding in the Roanoke County 1998/99 budget: -". March 24, 1998 213 - 1. Shannon Brabham. Child Abuse Prevention Council of Roanoke Valley. requested $3.500 2. David Kiolhede. Executive Director. Roanoke Valley Convention and Visitors Bureau. requested $165.000 3. Bob SlauQhter. The National D-Day Memorial Foundation. requested $25.000 for ten vears. 4. Lee Eddy. Roanoke Vallev Greenwav Commission requested $11.100 5. Robin Hammerstrom. Executive Director. Child Health Investment Partnershic. requested $21.600 6. Dick Hawkins. Board Member and Volunteer. TRUST. requested $6.000 7. Tom Brock. Board Member. Center in the Square. requested $60.000 for ocerations and $12 000 for cacital. 8. ROQer D. Matthews. Goodwill Industries. Tinker Mountain. reQuested $11.200 9. Susan B. Williams. LeaQue of Older American Area Agency on Aging. requested $22.688 10. Dawn Field. Adult Care Center of Roanoke Valley. requested $12.480 11. Estelle Auner. Bradley Free Clinic. requested $6.500 12. W Lee Wilhelm. Council of Community Services. requested $7.470 13. Ken Schutz. Science Museum. requested $72 000 for operation and $80.000 for capital 14. Sue Scheibe. Blue Ridge Community Services. requested $108204 15. Katherine Houck. Virginia Museum of Transportation. requested $15.000 for operations and $10000 for capital 214 March 24, 1998 16. Wendy Moore. Roanoke Area Ministries. requested $2.500 17. JudQe PhiliD Trompeter. Chairman. Roanoke Vallev Drug and Alcohol Abuse Council. reQuested $2.000 18. Roger Ellmore. Explore Park requested $225.000 19. William H. Robertson. Salem/Roanoke Valley Food Pantry. requested $8 000 20. Sylvia Bailey. Blue Ridge ReQional Education and Training Council reQuested $3.466 21. Nancv Chapin Literacy Volunteers of America - Roanoke Valley. requested $1 000 22. 23. 24. 25. Amv C. Moore. Habitat for Humanity. requested $22.000 Kathleen Lunsford. Arts Council. requested $4.000 Bonnie Cranmer. Bethanv Hall reQuested $4.000 Ken Chrisman. Henrv Museum of Western Virginia. requested $7.800 26. Beth Poff. Mill Mountain Zoo. requested $10000 for oDerations and $22 000 for capital 27. Jerryanne Bier Conflict Resolution Center. requested $3 950 28. Richard Dickson. ARC Roanoke Inc. reQuested $15.000 29. John Wiercinch Art Museum Educational Services to Roanoke County students. reQuested $6 100 30. John Levin Mill Mountain Theatre requested $12.200 31. J. Andree Brooks. Julian Stanley Wise Foundation To The Rescue Museum. requested $35 000 32. Rupert Cutler Western Virginia Land Trust. requested $25 000 33. June House Big Brothers. BiQ Sisters. reQuested $3.000 34. John F. Pendarvis. Family Service of Roanoke Vallev reQuested $5.000 35. Ellen Brown. Total Action AQainst Povertv. $35.101 and $22 017 ~. March 24,1998 215 - for the Transitional Living Center 36. Dr. Adams. Roanoke Vallev Speech and Hearing. requested $1 000 37. Stuart Israel. Virginia Amateur Sports. reouested $40 000 IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. First reading of ordinance requesting to vacate a portion of a 10-foot public utility easement located across Lots 6. 7. 8. 16. 17. and 18. Section 2. Starmount. as recorded in Plat book 3. PaQe 135. located in the Hollins Magisterial District. (Arnold Covey. Director of Enaineering & Inspections) Mr. Covey advised that the petitioners are requesting that the Board vacate a portion of a 10-foot public utility easement which is no longer needed because no public or County utilities reside within those portions of the existing easement to be vacated. This vacation will allow the owners to construct an addition to their church. The second reading is scheduled for April 14, 1998, and he requested that the first reading of the ordinance be approved. There was no discussion and no citizens present to speak on this issue. Supervisor Johnson moved to approve the first reading and set the second reading for April 14, 1998. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 216 March 24, 1998 - IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second readina of ordinance amending and reenactina the Comprehensive Plan by the adoption of the Roanoke Valley Regional Stormwater ManaQement Plan as part of the Roanoke Countv Comprehensive Plan. (Tel'l)' Harrinaton. Director of Plannina and Zonina) 0-032498-12 Mr. Harrington advised that no changes have been made since the first reading of this ordinance. Mr. Paul Bell, 2705 Hillbrook Drive, spoke of his concerns about flooding along Mudlick Creek, the damage to Garst Mill Park from the recent rains, and he asked that this plan be expedited as soon as possible. There was no discussion. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-12 AMENDING AND REENACTING THE COMPREHENSIVE PLAN OF ROANOKE COUNTY, VIRGINIA BY THE ADOPTION OF THE ROANOKE VALLEY REGIONAL STORMWATER MANAGEMENT PLAN AS PART OF THE COMPREHENSIVE PLAN WHEREAS, Roanoke County and other jurisdictions within the Roanoke Valley have experienced a recurrent history of flooding of properties; and, WHEREAS, this flooding has resulted in the loss of property and the disruption of the lives of many Roanoke County citizens; and, WHEREAS, Roanoke County and other Valley jurisdictions have ~ March 24, 1998 217 - cooperatively joined together to fund and prepare the Roanoke Valley Regional Stormwater Management Plan (The Plan); and, WHEREAS, the Plan was prepared under the coordination of the Fifth Planning District Commission, and involved the extensive involvement of citizen and technical advisory committees; and, WHEREAS, the Plan is future oriented and addresses flooding, stormwater, and drainage issues within sixteen priority watersheds within the Roanoke Valley; and, WHEREAS, the Plan specifically provides an enhancement to the 1993 FEMA Flood Insurance Study, incorporates recommended stormwater master plans for each of the sixteen priority watersheds, contains specific recommendations for multi- jurisdictional projects and policies, and contains recommended implementation strategies that if implemented, will reduce existing flooding problems and minimize future damages for many citizens within Roanoke County; and, WHEREAS, the Roanoke County Planning Commission reviewed the Plan on March 3, 1998 and after holding a public hearing, has recommended the incorporation of the Plan as part of the Roanoke County Comprehensive Plan; and WHEREAS, first reading of this ordinance was held on March 10, 1998 and second reading was held on March 24, 1998 BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Roanoke County, Virginia accepts the analysis, design and flood reduction recommendations contained within the Plan and appends the Comprehensive Plan of Roanoke County to include these components of the Plan; and, 2. That the Plan shall be used a general guide for implementing the recommended improvements as future funding sources are identified and funding is allocated for specific projects; and, 3. That this ordinance shall be in effect from and after March 24, 1998 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance amending and reenacting Section 10-33. Real Estate Services. Section 10-34. Professional Services. and Section 10-36. Personal and Business Service Occupations. of Article II. Classified Business and OccuDational License Provisions of Chapter 10. 218 March 24, 1998 - Licenses. to increase the gross receipts from $3.000 to $5.000 for the exemption from payment of a license fee. (Paul Mahoney. County Attorney) 0-032498-13 Mr. Mahoney advised that no changes have been made since the first reading of the ordinance. This ordinance will increase the gross receipts' threshold amount from $3,000 to $5,000 for the exemption from the license fee in the classifications of real estate services, professional services, and personal and business service occupations. There was no discussion and no citizens present to speak on this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-13 AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES., SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS., OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS, OF CHAPTER 10, LICENSES. TO INCREASE THE GROSS RECEIPTS FROM $3,000.00 TO $5,000.00 FOR THE EXEMPTION FROM PAYMENT OF A LICENSE FEE WHEREAS, Section 10-33, "Real estate services" of the Roanoke County Business, Professional, and Occupational License (BPOL) Ordinance provides for imposition of the business license tax in the amount of $0.58 per $100.00 of gross receipts from the business during the preceding calendar year, with such services ~ , March 24,1998 219 ~ being defined in subsection (b) and specifically designated in subsection (c) of Section 10-33; and, WHEREAS, Section 10-34, "Professional services" of the BPOL Ordinance provides for imposition of the business license tax in the amount of $0.58 per $100.00 of gross receipts from the occupation during the preceding calendar year, with such services being defined in subsection (b) of Section 10-34; and, WHEREAS, Section 10-36, "Personal and Business Service Occupations" of the BPOL Ordinance provides for imposition of the business license tax in the amount of $0.36 per $100.00 of gross receipts from the occupation during the preceding calendar year, with such services being defined in subsection (b) and specifically designated in subsection (c) of Section 10-36; and, WHEREAS, these classifications include retired, part-time, or juvenile individuals, and individuals who maintain a license merely to prevent such license from lapsing; and, WHEREAS, by Ordinance #91493-8, the Board of Supervisors approved an exemption from the business license tax for individuals generating less than $3,000.00 in gross receipts in each of the aforesaid classifications, based upon a determination that the time and expense incurred by the Commissioner of Revenue's Office in processing licenses for such individuals is not cost effective; and, WHEREAS, upon adoption of Ordinance #062596-9 to impose a license fee (rather than a license tax) on businesses with gross receipts less than $100,000.00, the Board maintained the exemption through provisos that every person whose gross receipts in the preceding calendar year are less than $3,000.00 in the above-specified classifications shall pay the $50.00 license fee upon commencement of the business and initial application for a license and shall be exempt thereafter from paying a license fee or tax, as long as such person continues to qualify for the exemption and otherwise complies with the BPOL Ordinance; and WHEREAS, the Board of Supervisors deems it appropriate, in order to improve cost effectiveness and fairness in the administration of the BPOL Ordinance, to increase the gross receipts' threshold from $3,000.00 to $5,000.00 for the exemption from the license fee in the classifications of real estate services, professional services, and personal and business service occupations. WHEREAS, a first reading of this ordinance was held on March 10, 1998; and the second reading and public hearing was held on March 24, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 10-33 Real Estate Services., Section 10-34. Professional Services. and Section 10-36 Personal and business service occupations. of Article II. Classified Business and Occucational License Provisions, of Chapter 10, LICENSES, be amended and reenacted as follows: Sec. 10-33. Real estate services. 220 March 24, 1998 (a) The annual license tax imposed hereunder for real estate services shall be in the amount of fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year. Ev~ry per!)()n whose gross receipts in the preceding calendar year shall be less than fI~¡~ allili;tll¡gitlïtl'lree tt,ousal'lG dellars ($3,000.00) from any real estate service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. ***** Sec. 10-34. Professional services. (a) The annual license tax imposed hereunder for professional services shall be in the amount of fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year. Every person ~~I2,~~,9E()~~~~,~~ipts in the preceding calendar year shall be less than ~!l@;tI;¡ÞìY§§i'I ç¡~nØmí¡t.?L~œ)tl'lf6C tl'lous81'1d dellar3 ($3,000.00) from any professional service shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. ***** Sec. 10-36. Personal and business service occupations. (a) The annual license tax imposed hereunder for personal or business services, and all other businesses and occupations not specifically listed or excepted in this chapter of the Roanoke County Code or the Code of Virginia, shall be in the amount of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year. Every person whose gross receipts in the preceding calendar year shall be less than ñv~;¡l¡iig¡D¡iíagaQIIªti ~I§,i.í~}tl'lree t1geu381'1d dollars ($3,000.00) from any personaior t:iüsirÏessseiVice shall pay the license fee of fifty dollars ($50.00) imposed in § 10-3(a) of this chapter upon commencement of the business and initial application for a license and shall thereafter be exempt from the payment of a license fee or tax, provided that such person continues to qualify for this exemption and otherwise complies with the requirements of this chapter. ***** 2. This ordinance shall be effective from and after July 1, 1998. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None "'"', March 24, 1998 221 - 3. Second reading of ordinance declaring a Darcel of real estate sUl:plus and authorizing sale of a well lot. ArlinQton Hills #2. (Paul Mahoney. County Attorney) 0-032498-14 Mr. Mahoney advised that no changes have been made since the first reading of the ordinance. There has been only one offer from S. Douglas Freeman for $58,500. There was no discussion and no citizens present to speak on this issue. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-14 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE ARLINGTON HILLS #2 WELL LOT BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of this surplus real estate was advertised in the Roanoke Times & World News on March 17, 1998; that notice has been mailed to adjoining property owners; and that a sign announcing the proposed sale of this surplus real estate has been posted on the property. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on March 10, 1998, and the second reading was held on March 24, 1998, concerning the disposition of the following parcel of real estate identified as follows: Arlington Hills #2 Well Lot Tax Map Parcel No. 86.12-3-16 4. That offers for said properties having been received, the offer of S. Douglas Freeman to purchase this property for the sum of Fifty Eight Thousand Five / , 222 March 24,1998 Hundred Dollars ($58 500 00) is hereby accepted. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the utility capital improvements fund. 6. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Second readina of ordinance to rezone 17 acres from 1-1. C-2C and C-2 to R-1 for public parks and recreation areas. located in the 6600 block of Merriman Road. Cave Spring Magisterial District. UDon the petition of the Roanoke County Board of SUDervisors. (Terrv Harrington. Director of Plannina and Zoning) 0-032498-15 Mr. Harrington advised that this petition is an unconditional request to rezone 17 acres in order to develop a public park and recreational area. The proposed development of the park is gUided by the Master Plan for the Southwest District Park, Roanoke County. The proposal conforms with the policies and guidelines of the Roanoke County Comprehensive Plan. The Planning Commission recommended approval of the petition. There was no discussion and no citizens present to speak on ~, '. March 24, 1998 223 - this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-15 TO CHANGE THE ZONING CLASSIFICATION OF 17 ACRES OF REAL ESTATE LOCATED IN THE 6600 BLOCK OF MERRIMAN ROAD (PORTIONS OF TAX MAP NO. 97.01-2-10, 97.01-2- 11,97.01-2-12 AND 97.05-1-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATIONS OF 1-1, C-2C AND C-2, TO THE ZONING CLASSIFICATION OF R-1, FOR PARKS AND RECREATIONAL AREAS, UPON THE APPLICATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on February 24, 1998, and the second reading and public hearing was held on March 24, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 3, 1998; 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 real estate containing 17 acres, as described herein, and located in the 6600 block of Merriman Road (Portions of Tax Map Numbers 97.01-2-10,97.01-2-11,97.01-2-12 AND 97.05-1-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classifications of 1-1, C-2C and C-2, to the zoning classification of R-1, in order to develop a public park and recreational area. 2. That this action is taken upon the application of The Roanoke County Board of Supervisors. 3. That said real estate is more fully described as follows: Commencing at a point on the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) said point being referenced as corner 1 on the plat showing "Rezoning Exhibit of Tract I (16.784 AC.), Prepared for The Board of Supervisors of Roanoke County, Cave Spring Magisterial / 224 March 24, 1998 District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., dated February 26, 1998, and also being the POINT OF BEGINNING of the herein described tract; Thence with the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) along the arc of a curve to the right 160.44 feet, said curve having a radius of 547.96 feet, an included angle of 16°46'33", and a chord bearing S 8°32'10" E, 159.87 feet to a point, corner 2; Thence leaving the westerly right-of-way line of Merriman Road (Virginia Secondary Route #613) and with eleven (11) proposed new division lines the following courses and distances; along the arc of a curve to the left 66.02 feet, said curve having a radius of 35.00 feet, an included angle of 108°04'36", and a chord bearing N 54 ° 11 '12" W, 56.66 feet to a point, corner 3; Thence S 71 °46'30" W, 7.12 feet to a point, corner 4; Thence along the arc of a curve to the left 88.36 feet, said curve having a radius of 225.00 feet, an included angle of 22°30'00", and a chord bearing S 60°31 '30" W, 87.79 feet to a point, comer 5; Thence S 49° 16'30" W, 139.19 feet to a point, corner 6; Thence along the arc of a curve to the right 166.90 feet, said curve having a radius of 425.00 feet, an included angle of 22°30'00", and a chord bearing S 60°31'30" W, 165.83 feet to a point, corner 7; Thence S 71 °46'30" W, 589.47 feet to a point, corner 8; Thence S 29°33'59" E, 302.78 feet to a point, corner 9; Thence S 14 °38'21" E, 288.15 feet to a point, corner 10; Thence S 41 °41'33" W, 48.04 feet to a point, corner 11; Thence S 1 ° 12'22" W, 109.54 feet to a point, corner 12; Thence S 2° 13'43" E, 162.31 feet to a point, corner 13; Thence S 14°01'56" W, 109.58 feet to a point on an existing property line, corner 14; Thence with existing property lines the following six (6) courses and distances; S 77°03'00" W, 312.24 feet to a point, corner 15; Thence N 40°07'00" W, 603.30 feet to a point, corner 16; Thence N 25°27'00" W, 425.40 feet to a point, corner 17; Thence N 71 °46'30" E, 1,274.62 feet to a point, corner 18; Thence N 17°38'36" W, 169.42 feet to a point, corner 19; Thence N 72°21 '24" E, 486.85 feet to a point, corner 1, the POINT OF BEGINNING and containing 16.784 acres, more or less. 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 --.., March 24, 1998 , zoning classification authorlzec DY tms orclnance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second reading of ordinance authorizing a Special Use Permit to allow the construction of a new elementary school in the Bonsack Community. located at 5437 CrumDacker Drive. Hollins Magisterial District. upon the petition of the Roanoke County School Board. (Terry Harrinaton. Director of Planning and Zoning) 0-032498-16 Mr. Harrington advised that no changes have been made since the first reading of the ordinance. Supervisors Johnson and Nickens advised that they want the project to be completed on time and on budget. There were 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 McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-16 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANOKE COUNTY TO ALLOW THE CONSTRUCTION OF A NEW ELEMENTARY SCHOOL, LOCATED AT 5437 CRUMPACKER DRIVE (TAX PARCEL 40.01-1-4.1), HOLLINS 226 March 24, 1998 = MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke County, Virginia, has filed a petition to allow the construction of a new elementary school at 5437 Crumpacker Drive, in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 3, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 24, 1998; the second reading and public hearing on this matter was held on March 24, 1998; and WHEREAS, legal notice and advertisement has been provided as required by law. 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 allow the construction of a new elementary school located at 5437 Crumpacker Drive in the Hollins Magisterial District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the School Board of Roanoke County, Virginia, to allow the construction of a new elementary school located at 5437 Crumpacker Drive in the Hollins Magisterial District. 3. 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 6. Second readina of ordinance to rezone 9.77 acres from R-1 conditional to R-1 to construct single familv residences. located at the south side of Woodhaven Road. aDproximately 0.5 mile east of its intersection with Green Ridae Road in the Catawba Magisterial District UDon the petition of Graham- -""', March 24, 1998 227 =::J Thomas Corporation. (Terry Harrinaton. Director of Planning and Zoning) 0-032498-17 Mr. Harrington advised that in July, 1997, the Planning Commission held a public hearing to consider the request of Ernest Clark to rezone a 9.77 acre tract on Woodhaven Road. The request was to remove the proffered conditions placed on the property during a 1988 rezoning request. At Mr. Clark's request, his petition was repeatedly tabled until December, 1997, when he withdrew his request, indicating that the purchasers of the property want to use the original 1988 zoning. The property is now owned by Graham-Thomas Corporation and they are asking to remove all of the 1988 proffered conditions so that they can construct a 32 lot single family subdivision. The Planning Commission recommended approval of the petition. There were no citizens present to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-17 TO CHANGE THE ZONING CLASSIFICATION OF A 9.77-ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTH SIDE OF WOOD HAVEN ROAD APPROXIMATELY .05 MILE EAST OF ITS INTERSECTION WITH GREEN RIDGE ROAD (TAX MAP NOS. 37.05-1-1 AND 37.05-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF R-1, UPON THE APPLICATION OF GRAHAM-THOMAS CORPORATION 228 March 24,1998 = = WHEREAS, the first reading of this ordinance was held on February 24, 1998, and the second reading and public hearing was held on March 24, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 3, 1998; 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 9.77 acres, as described herein, and located at the south side of Wood Haven Road approximately 0.5 mile east of its intersection with Green Ridge Road (Tax Map Numbers 37.05-1-1 and 37.05-1-2) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Conditional, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Graham-Thomas Corporation. 3. That in 1988 rezoning of this property the owner of the property voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: (1) rroject will be iFl substaFltial cOFlformity ',vitl9 tlge site: 151819 of 1. r. rarkcr & SOI9, submitted; (2) Streets w'iI! be develo¡:>ed iFl a6eordaFl6e ....itt; stale staFldarGs aFld submitted fer acce 5taFlce il9to slale secoFldary system; (3) UFlits will be similar to desigFl submitted; (4) A 5cdeslriaFl feot 5all9 easemeFlt iFl at least 1....0 10calioFls from tt;e 5ublic streets ....-itl9il9 Ilge subdivisiol9 to 11ge adjoiFliFlg scl900l 5ro 5eFty ·....ill be: slger.YFI OFl tlge recorded 5let of eJeý'elepf1i8Rt; aRd (5) Tefl year storm dclel9tioFl .....ill be ¡:>F6'.·ided ·...'itl9 a two year 3t6Fffl r618838. 4. That said real estate is more fully described as follows: BEGINNING at a point on the southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) being a common comer of the property of Minnie G. Lewis and Stafford Lewis, as recorded in the aforesaid Clerk's Office in Deed Book 589, page 196, the northwesterly corner of the point of Beginning in the herein-described tract; thence leaving the aforesaid southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) with the common line of the aforesaid Lewis property (DB 589, page 196) and the herein-described tract, S. 48° 42' 49" E. passing the common corner of the aforesaid Lewis property (DB 589, page 196) and the property of Ebenezer Baptist Church as recorded in the aforesaid "" March 24, 1998 229 Clerk's Office in DB 1125, page 664 and passing the a common corner of the aforesaid Ebenezer Baptist Church Property (DB 1125, page 664) and the property of Roy E. Lewis and Christine E. Lewis, DB 1120, page 161, in all a total distance of 888.35' feet to an existing set stone; said point being a common corner of Roanoke County School Board as recorded in DB 597, page 112 and the northeasterly corner of the herein-described tract and on the southerly line of the aforesaid Roy E. Lewis property (DB 1120, page 161); thence leaving the property of the aforesaid Roy E. Lewis (DB 1120, page 161) and with the common line of the aforesaid Roanoke County School Board (DB 597, page 112) and herein-described tract, S. 37°59' 18" W. a distance of 244.27 feet to an existing set stone, said point being the southeasterly corner of the herein-described tract; thence continuing with a common line for the aforesaid Roanoke County School Board (DB 597, page 112) and the herein-described tract, N. 73° 01' 00" W. a distance of 890.55 feet to a point, said point being the common corner of the aforesaid Roanoke County School Board (DB 597, page 112) and the property of the Roanoke County Board of Supervisors as recorded in the aforesaid Clerk's Office in DB 1120, page 228 and the southwesterly corner of the herein-described tract, being on the northeasterly line of the property of Duane Williams and Alice D. Williams, as recorded in the aforesaid Clerk's Office in DB 947, page 572; thence leaving the aforesaid Roanoke County School Board (DB 597, page 112) and with a common line of the aforesaid Williams property (DB 947, page 572) and herein-described tract, N. 02° 54' 07" W. a distance of 253.23 feet to a point, said point being a common corner of the aforesaid Williams property (DB 947, page 572) and the westerly corner of the herein-described tract and being situated on the southerly right-of- way of the aforesaid Wood Haven Road (Virginia Secondary Route 628); thence leaving the Williams property (DB 947, page 572) and with the southerly right-of-way of the aforesaid Wood Haven Road (Virginia Secondary Route 628) and herein-described tract, N. 52° 35' 33" E. 437.29 feet to the point of Beginning, and containing 9.603 acres, more or less, and being further described as Tax Map Nos. 37.05-1-1 and 37.05- 1-2. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson 230 March 24, 1998 - NAYS: None 7. Second reading of ordinance authorizina a Special Use Permit to construct a 190 ft. self-sUDDortina broadcast tower on a 3.171 acre parcel located at 5585 Catawba Hospital Drive. Catawba Magisterial District. upon the Detition of Ohio State Cellular Phone Company. Inc. (Terry Harrington. Director of Plannina and Zonina\ 0-032498-18 Mr. Harrington advised that this petition is a resubmittal of an earlier Special Use Permit petition submitted by Ohio State Cellular and approved by the Board on November 18, 1997. The ordinance approved in November, 1997, was contingent upon the acquisition by the County of the three acres of land from Catawba Hospital by December 16, 1997. The three acres were not acquired by the December date and the action of the Board became void. The deed dated February 11, 1998 was received last week from the Commonwealth of Virginia granting the three acre parcel to the County. This Special Use Permit has the same eight conditions and the Planning Commission recommended approval with an amendment to condition #2. There was no discussion and no citizens present to speak on this issue. Supervisor Harrison thanked everyone concerned for their assistance in getting this matter completed. Supervisor Harrison moved to adopt the ordinance. The motion carried March 24,1998 231 by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 032498-18 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER ON A 3.171 ACRE PARCEL AT 5585 CATAWBA HOSPITAL DRIVE (TAX MAP NO. 7.00-1-29), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved a Special Use Permit on November 18, 1997, contingent upon the acquisition of an additional three acres from the Commonwealth of Virginia by December 16, 1997; and WHEREAS, the additional three acres was not acquired by December 16,1997, and the Special Use Permit became null and void; and WHEREAS, by deed dated February 11, 1998, the Commonwealth of Virginia granted the three acre parcel to the County of Roanoke, Virginia; and WHEREAS, Ohio State Cellular Phone Co., Inc. has resubmitted the Special Use Permit petition with the same conditions approved by the Board of Supervisors on November 18, 1997; and WHEREAS, the Planning Commission held a public hearing on this matter on March 3, 1998, and requested that condition number (2) pertaining to visibility of the tower be revised to delete the word "painted"; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 24, 1998; the second reading and public hearing on this matter was held on March 24, 1998; and WHEREAS, legal notice and advertisement has been provided as required by law. 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 Ohio State Cellular Phone Co., Inc. to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive 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: 232 March 24, 1998 ;-- (1) The height of the tower structure, excluding any antenna attached to the structure, shall be not more than 190 feet. (2) The tower structure and all attached support hardware shall be paiFlted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height, except as may be required by the FAA or other governmental or regulatory agency. (4) This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co-locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. (6) Any damage to the existing paving for the parking lot, apron, or access to the fire station resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. (8) The location of the tower structure and related equipment shall be as shown on a plat entitled "Catawba Cellular Phone Tower Site Plan, Roanoke County, Virginia" prepared by LMW, P.C., Engineering, Architecture, Surveying, dated 11/18/97. March 24, 1998 233 ~ 2. That this ordinance shall be in full force and effect upon after the receipt and acceptance by the Board of Supervisors of Roanoke County of a deed from the Commonwealth of Virginia for an additional three (3) acres of real estate, which shall be added and combined to Tax Map No. 7.00-1-29. 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: OTHER BUSINESS 1. Ohio State Cellular Lease Mr. Creekmore, Attorney for Ohio State Cellular, requested that the Board finalize the lease concerning the dimensions of the property, the base rental, and the term so that the consent order for dismissal of the litigation could be prepared and filed. Supervisor Harrison moved that the rental be $500 a month, the property size is 100 feet x 100 feet, and the term is for 15 years. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson asked that Mr. Mahoney revise the lease and have it recorded with a plat showing the property. Supervisor Nickens advised for the record that the difference in the original rent of $325 per month and $500 per month would remain with the County and not go to the Catawba Fire Station. 234 March 24, 1998 , 2. School Capital Proiects Supervisor Nickens suggested adding the position of Clerk of Works to monitor the school capital construction projects. He asked Mr. Mahoney to determine if the funding for the position could be included with the financing for the projects. Chairman Johnson asked that Mr. Hodge call Dr. Gordon, School Superintendent, and inform her of this discussion. It was the consensus of the Board that staff will bring back a report on this matter. 3. Utility Droject Mr. Hodge asked for Board direction concerning a utility project in Catawba since the six connections by property owners had to be reduced to four. It was consensus of the Board for Mr. Hodge to move forward and bring back an ordinance for the approval. INRE: ADJOURNMENT At 10:50 p.m., Chairman Johnson adjourned the meeting to April 14, 1998 at 12:15 p.m. for a joint meeting with Roanoke City Council at the Roanoke County Administration Center. Supervisors McNamara and Nickens advised that they would be unable to attend. Submitted by, Approved by, ~H~~n~ Deputy Clerk