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HomeMy WebLinkAbout12/15/1998 - Regular December 15,1998 811 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 15,1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the second regularly scheduled meeting of the month of December, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 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 (Left at 3:15 p.m. and returned at 3:58 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; 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 the Reverend Phillip Whittaker, Brambleton Baptist Church. The Pledge of Allegiance was recited by all present. 8ft nnl!t!mhl'!r 16, 1998 - INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Johnson asked to remove Item 6 from the Consent Agenda (request to establish a full time position in the Utility Department) and add it as Item 3 of New Business. Mr. Mahoney added an Executive Session item pursuant to Code of Virginia Section 2.1-344 A (1) to discuss a personnel issue regarding appointment of personnel. Supervisor Minnix advised that Tommy Fuqua's mother died and that he would leave the meeting briefly to attend the funeral home visitation and give respects from the Board members. Supervisor Minnix left at 3:15 p.m. INRE: NEW BUSINESS 1... Request for funds to replace underoround storage tanks at the Public Service Center. /Don Myers. Assistant Administrator) A-121598-1 Mr. Myers explained that on November 25, 1998, the County was notified that three underground storage tanks (USTs) located at the Public Service Center on Kessler Mill Road (KMR) were not in compliance with the U. S. Environmental Protection Agency (DEQ) standards that will go into effect on December 22, 1998. There were three USTs at the KMR facility when the County purchased it in 1984, and two of the tanks were removed shortly after the flood of 1985, with the third tank being removed in November, 1997. Staff reasoned that the three tanks removed were those registered to the County - n"~"mt'AF 1 ~ 4 QQA . ~ and that the County was in compliance based on the DEQ records showing three tanks at KMR registered to the County in 1985. After the November 25, 1998 notification, it was determined that the tanks that DEQ referenced were actually the tanks installed in 1986 and currently in use, and they must be brought into compliance. He described Alternatives A and B which are intended to bring the tanks into compliance. Alterative A would be to retrofit the existing UST system in accordance with the UST regulations, utilizing the existing USTs, dispensers, dispenser island, lines and canopy, at a cost of $63,000 which would include $16,000 for testing before proceeding. Alternative B is for removal of the USTs and installation of new aboveground storage tank (AST) system, utilizing the existing dispenser and canopy, with a new dispenser island and pad which is the same size as present, with an estimated cost of $155,900. Both of these alternatives assumed that the tanks were not cathodically protected and that some corrosion had likely occurred, and staff feels that Alterative B is the most prudent course of action. He reported that he learned on December 11, 1998, that a new test revealed that the tanks were protected and added Alternative C which would authorize staff to investigate non-invasive testi ng to verify that the tanks can be retrofitted, and to proceed with Alternative B if the tanks cannot be retrofitted. He asked for approval of Alternative C because the tanks must be closed on December 22, 1998, and remain closed until they are in compliance. Mr. Myers described the plans for use of alternate fueling sites until these tanks are back in operation. Supervisor Minnix left the meeting at 3:15 p.m. After discussion, Supervisor Harrison moved to follow the staff recommendation which was approval of Alternative C. Supervisor Johnson advised that 8t4 December 15,1998 - because he was assured this problem was solved at an earlier meeting, any monies approved by the Board at this meeting should be considered a loan and repaid out of the 1999 year end surplus. After further discussion, Supervisor Nickens made a substitute motion to authorize staff to pursue Alternative C and report the results at the January 4, 1999 meeting. If Alternative C is not acceptable, authorize Alternative B with funds from the fiscal year 1999 roll-over from the capital fund unappropriated balance. Supervisor Harrison withdrew his motion, which left Supervisor Nickens' main motion to be voted upon. Supervisor Nickens moved to authorize staff to pursue Alternative C and report the results at the January 4, 1999 meeting. If Alternative C is not acceptable, authorize Alternative B with funds from the fiscal year 1999 end roll-over from the capital fund unappropriated balance. Ayes: Supervisors McNamara, Harrison, Nickens, Johnson Nays: None Absent: Supervisor Minnix Supervisor McNamara advised that he felt the Board was sending the wrong message by asking for the funds to be repaid out of year end rollover and suggested that this could be changed at the January 4 or 12 meeting. However, he would support the motion to move the process along. 2. Approval of a settlement aoreement with Belle Grove - December 15,1998 815 Development Corporation to resolve off-site drainaoe issues and pending litigation pertaining to Belle Grove Subdivision and the property of Nyna S. Murray. Mckie L. Huffman. Assistant County Attorney) A-121598-2 Ms. Huffman advised that this is a request to approve a settlement agreement with Belle Grove Development Corporation (Belle Grove) to correct the existing conditions on Nyna S. Murray's property by repairing a sink hole and constructing a conduit system for the transmission of drainage from the stormwater detention facility in the adjoining Belle Grove Subdivision to the existing drainage easement along Shadwell Drive. The problems became apparent when sink holes appeared within the pond and on the Murray property after construction of the stormwater detention facilities for the Bell Grove development. Upon inspection, it appeared that the discharge from the pond was not into a natural watercourse as previously believed based upon certification by the developer's engineers, L&W, and the Virginia Department of Transportation approval of the plans. By letter dated April 25, 1997, the County Engineering Department specified further requirements for Belle Grove to correct and/or address the drainage and sinkhole problems. When these requirements were not completed, the Bonding Committee recommended to the Board that Belle Grove be formally declared in default. On August 19,1997, the Board of Supervisors approved the Bonding Committee's recommendation to declare Belle Grove in default and denied Belle Grove's appeal, requiring the corrections to be made within thirty days. Belle Grove noted an appeal of the Board 8t6 DAr-Amber 15,1998 - decision and the matter is currently pending before the Circuit Court of Roanoke County. The final proposed agreement provides that Belle Grove deposit the sum of $20,000 with the County towards the total cost of the off-site drainage project and cost for acquisition of the easement. The County will supervise, manage and inspect the project. Any cost savings resulting in a total cost of less than $40,000 will be divided equally between Belle Grove and the County; Belle Grove's share is to be reimbursed upon completion and final acceptance of the project by VDOT. The proposed settlement constitutes a full and final settlement of all issues pertaining to the off-site drainage onto the Murray property for Phase I of Belle Grove Subdivision. The County agrees to withdraw further enforcement action against the developer, and Belle Grove agrees to dismiss their appeal of the Board's August 17, 1997 decision, pertaining to the off-site drainage issues. The on-site issues, mainly related to the stormwater detention pond, remain outstanding. The County's share of the cost will be paid from the $45,000 previously appropriated by the Board on June 23, 1998, to the Belle Grove/Murray account in the Capital Fund, and the$20,000 to be contributed by Belle Grove will amount to half of the total cost. Ms, Huffman asked for approval of the settlement agreement and authorization for the County Administrator to execute documents as necessary. Supervisor Johnson advised that L&W, the engineering firm that sealed the plans for the developer, should bear the responsibility for this situation, and that the situation must be corrected because the Virginia Department of Transportation will not accept the streets of the subdivision into the state system until the issue has been n.'....h"" <'t~ 4!fQQA . 817 resolved. Supervisor Nickens also advised that he feels that L&W bears the responsibility and that the County citizens should not pay for correcting this situation. He recommended that an additional cost be added to each lot by the developer. Supervisor Minnix returned at 3:58 p.m. There was no objection from the Board members to Mr. Parsell addressing the Board. Mr. Terry E. Parsell advised that he relied on Roanoke County's approval of the plans when he purchased the property and if he knew about the easement and the necessary piping, he would have renegotiated the purchase price. He advised that without Court action, the responsible party cannot be determined. Supervisor Johnson suggested that Mr. Parsell pursue a case against L&W for recovery of damages and that Roanoke County share in the recovery. Mr. Parsell suggested that the County share in the costs of any action he might take as well as any recovery. Director of Community Development Arnold Covey responded to questions from Supervisors Johnson and Nickens concerning the understanding from L&W that VDOT concurred with its opinion that this was a natural watercourse. After discussion, Supervisor Nickens moved to approve Alternative 2 which was to decline to approve the settlement. Supervisor Johnson made a substitute motion to approve the staff recommendation which was to approve the settlement. He withdrew his motion when Mr. Mahoney advised that the two motions were in direct conflict. This left Supervisor Nickens' motion to be voted upon. Supervisor Nickens moved to approve Alternative 2 which was to decline to 818 nA~AmhAr 15, 1 AAR - approve the settlement. The motion was defeated by the following recorded vote: AYES: Supervisors Nickens NAYS: Supervisors McNamara, Minnix, Harrison, Johnson Mr. Hodge inquired if the agreement about costs and/or recovery from law suits which might be brought by the developer against L&W as previously mentioned was part of the motion to approve the settlement. Mr. Mahoney advised that this was not part of the settlement already negotiated and being offered for approval at this time. However, Supervisor Johnson asked Mr. Parsell if he would agree at this time to share with the County the costs and recovery from any law suit against L&W in connection with this matter and Mr. Parsell indicated that he would. Supervisor Nickens advised that this would be on a fifty-fifty basis. Supervisor Johnson moved to approve the settlement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Reouest to establish full time position to administer Utility CIP proiects and citizen initiated Detition proiects. lGarv Robertson. Utility Director) MOTION DEFEATED A-121598-3 Mr. Hodge advised that the County put together a bond issue to pay for the DeeembliJf 15.1998 8t9 Spring Hollow Reservoir, and staff saved a great deal of the costs by completing much of the design work on the water treatment plant. These savings were used to extend the water lines but the project was of limited duration with funding for the three full time positions ended as of June 30, 1998. In response to Supervisor Nickens' question as to why the vehicle county should be increased by one, Mr. Robertson advised that he is requesting permission to keep one of the surplus vehicles. The other two vehicles used by the other two employees have been surplused. In the Utility Department, there are 49 full time vehicles and one vehicle which must be surplused if not approved by the Board. Supervisor McNamara advised that the request for additional personnel should have been made during the budget process especially since the funding for these positions ended June 30, 1998. In response to Supervisor Minnix, Mr. Robertson advised that this position would handle the petitions for public works projects, and working with the CIP projects funded on annual basis. There are approximately $3 million worth of work to be scheduled over the next three years, and his opinion is that the projects can be done more cost effectively with County employees than using outside services, but assured the Board that this work would be done. Supervisor Nickens advised that he is aware of the cost effectiveness of using County staff and the quality of work from the Utility Department but feels that the County should not be expanding employment at this time. Supervisor McNamara questioned whether the Construction Coordinator who æo December 15, 1998 - was hired to work with the Schools could be used by the Utility Department, and Mr. Hodge advised that he is working on County projects now, with work on school projects expected to increase, and that utility construction projects are different. Supervisor Minnix moved to approve the staff recommendation which would approve the position with benefits and increase the vehicle count by one. The motion was defeated by the following recorded vote: AYES: Supervisors Minnix, Harrison NAYS: Supervisors McNamara, Nickens, Johnson IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for January 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1... Ordinance to obtain a SDecial Use Permit to construct a private stable. located in the 4100 block of Garst Mill Road. Windsor Hills Magisterial District. UDon the petition of David Suit. 2. Ordinance to obtain a Special Use Permit to allow a drive- through restaurant. located at 3944 Brambleton Avenue. Cave Sprino Magisterial District. UDon the petition of Grant Avenue DeveloDment. Inc. INRE: FIRST READING OF ORDINANCES December is, 1998 m. 1... First readino of ordinance amendinQ the Roanoke County Procurement Code. Sections 17-86.17-88.17-90.17-91.17-91.1. 17-92. and 17-93. to increase purchasing limits. (Elaine Carver. Director of Procurement) Ms. Carver advised that the Purchasing Department recently did a re- engineering study and the participants recommended a review and update of the County Procurement Code. They found that the spending limits have not changed since 1988 and since that time, the paperwork volume has increased, additional responsibility for school purchases has been added. A new purchasing software system has also been added with excellent controls, authorization procedures and reporting capabilities. She proposed increasing the purchasing limits for the voucher system from $500 to $1,000; phone quotes from $500-$5,000 to $1,000-$8,000; written quotes from $5,000-$15,000 to $8,000- $30,000; and BID, RFP from over $15,000 to over $30,000. She advised that spending authorizations and audits would continue to be performed on purchases under the new spending limits as they are now performed, and that there will be a small savings of $1 ,000 because of reduced newspaper advertisement. This change will provide more effective and efficient service delivery which should result in savings of time and/or money. Supervisor Nickens advised that he was uncomfortable with increasing the limits for written quotes and BID/RFP, and suggested they not be changed. He also suggested that the County should be utilizing the National Association of Counties' contract with Office Depot to save money. Supervisor Johnson moved to approve the first reading with Supervisor 8ft DI1!CAlAbAr 15, 1QQR - Nickens' suggested changes brought to the second reading on January 12, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. First readino of ordinance authorizing lease of an existino dwellino and 10.40 acres. located at Sprino Hollow Reservoir. (Gary Robertson. Utilitv Director) Mr. Robertson advised that the dwelling located at Spring Hollow Reservoir was vacated by the tenants as of November 1, 1998. It has been past practice to lease the property to help maintain the house and 10.40 acres surrounding it. The applicant, who will be named at the second reading of the ordinance, has agreed to the same terms as the previous tenants, and the rent will be increased to $500 per month. Supervisor Harrison moved to approve the first reading and set the second reading for January 12, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1... Second reading of ordinance authorizing approval of a settlement aoreement with Nvna S. Murray and acquisition of a 20 foot drainaoe easement with access and temporarv - ~et:ember it>, 19sH lS2J construction easements. across proDerty owned bv Nvna S. Murray on Shadwell Drive in the Hollins Magisterial District. to provide for adequate drainage from Belle Grove Subdivision. (Vickie L. Huffman. Assistant Countv Attornev) 0-121598-4 Ms. Huffman advised that there has been no change since the first reading of the ordinance. There was no discussion and no citizens to speak on the issue. Supervisor Johnson moved to approve the settlement and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens ORDINANCE 121598-4 AUTHORIZING APPROVAL OF A SETTLEMENT AGREEMENT WITH NYNA S. MURRAY AND ACQUISITION OF A 20' DRAINAGE EASEMENT, WITH ACCESS AND TEMPORARY CONSTRUCTION EASEMENTS, ACROSS PROPERTY OWNED BY NYNA S. MURRAY ON SHADWELL DRIVE IN THE HOLLINS MAGISTERIAL DISTRICT IN CONNECTION WITH A PROJECT TO PROVIDE FOR ADEQUATE DRAINAGE FROM BELLE GROVE SUBDIVISION WHEREAS, a permanent twenty-foot (20') drainage easement, together with a permanent access easement for maintenance and a temporary construction easement, across a parcel of land owned by Nyna S. Murray and located on Shadwell Drive in the Hollins Magisterial District of the County of Roanoke, Virginia, is required to provide for the transmission of drainage through a conduit system from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) and to provide for repair of an existing sink hole on the property; and, WHEREAS, staff has negotiated with the property owner and has reached a settlement agreement in lieu of the eminent domain proceedings previously authorized by this Board on June 23, 1998, including the purchase of the required easement for the sum of $7,000.00, said agreement having been executed by Nyna S. Murray pending approval by this Board; and, ~ December 15,1998 - WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 1, 1998; and the second reading was held on December 15, 1998. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the settlement agreement dated November 10, 1998, with Nyna S. Murray providing for the repair of the existing sink hole on her property and the construction of an underground conduit system for the transmission of drainage within a 20' drainage easement from the stormwater management facility in Belle Grove Subdivision to the existing drainage easement along Route 605 (Shadwell Drive) is hereby authorized and approved. 2. That the acquisition and acceptance of the following permanent drainage easement for the sum of $7,000.00 is hereby authorized and approved: A perpetual DRAINAGE EASEMENT, approximately twenty feet (20') in width and consisting of .20 acre, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace a present or future single underground drainage course, line, pipe, conduit, and/or other necessary or related structures, appurtenances and improvements, for management, collection, transmission and distribution of any form of drainage, including but not limited to stormwater drainage, together with a permanent easement for ingress and egress to and from the public road, upon, over, under, and across the parcel of land belonging to the Grantor and designated on the Roanoke County Land Records as Tax Map NO.28.09-2-4. The location of said perpetual drainage easement and ingress and egress easement is shown stippled and designated as "DRAINAGE EASEMENT" upon the plat entitled 'Plat Showing Temporary Construction Easement and Drainage Easement Being Granted to Roanoke County By Nyna S. Murray', dated October 26, 1998, prepared by Lumsden Associates, P. C., attached hereto as Exhibit A and by reference incorporated herein; and, Together with a temporary construction easement, which shall be operative and in effect only during any period or phase of construction of the drainage system and appurtenant facilities, shown cross-hatched and designated as "TEMPORARY CONSTRUCTION EASEMENT' on the above-described plat attached hereto as Exhibit A. 3. That the consideration of $7,000.00 for the easement acquisition, and the additional sums required for the construction of the project and associated costs, shall be paid from the $45,000.00 previously appropriated by action of this Board on June 23, 1998, to the Belle GrovelMurray account in the Capital Fund, with such consideration and costs to be off-set by any sums which may be received or obtained from Belle Grove - n___ .1___ t,~ ~"I æs Development Corporation; and, 4. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to finalize this agreement and acquisition, 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 Johnson to approve the settlement and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens IN RE: APPOINTMENTS 1... Blue Ridge Community Services Supervisor Nickens received Board concurrence for the confirmation of Reverend William I. Lee, member at large, to serve another three year term, which will expire December 31, 2001. 2. Buildino Code Board of Adjustment and Appeals Supervisor Nickens nominated Larry W. Degen, alternate, to serve another four year term, which will expire July 28, 2002, and Richard I. Williams to serve another four year term, which will expire October 24, 2002. ~ Library Board Supervisor Minnix commended Nancy Greene for her service on the Library Board and noted that confirmation of her reappointment is on the Consent Agenda. INRE: CONSENT AGENDA R-121598-5 æ6 n~cember 15.1998 - Supervisor Johnson moved to adopt the Consent Agenda with Item 6 removed. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 121598-5 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 December 15, 1998, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes for November 17, 1998, and December 1, 1998. 2. Confirmation of committee appointments to Building Code Board of Adjustments and Appeals, Blue Ridge Community Services Board of Directors, Grievance Panel, Library Board, New Century Venture Center Board of Directors and Planning Commission. 3. Acceptance of sanitary sewer facilities serving Hollins West Communications Research Institute. 4. Acceptance and appropriation of donated funds from Friends of the Library to the Library. 5. Acceptance of donation of a sanitary sewer easement from the Roanoke County School Board in connection with the Tanglewood Drive Sewer Relief Project. C. Re<' uest to establisn full time position to administer Utility clr "'fejeets and citizen initiated ",otitio" ¡:¡fðjocts. 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. D8C8m~liIf 15,1998 827 On motion of Supervisor Johnson to adopt the Consent Resolution with the removal of Item 6, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1... General Fund UnaDpropriated Balance 2. Capital Fund Unappropriated Balance -ª-- Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability Der investments and Portfolio Policv. as of November 30.1998 IN RE: EXECUTIVE SESSION At 4:54 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(7) to discuss legal matter requiring provision of legal advice, contract for sale of water to City of Salem; (5) discussion concerning economic development prospects where no previous announcement has been made; and (1) to discuss a personnel issue regarding appointment of personnel. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson gs NAYS: None DACAmber 15,1998 - IN RE: WORK SESSIONS 1... Planning Commission to discuss 1999 work program Driorities The work session was held from 4:55 p.m. until 5:55 p.m. and was presented by Terry Harrington, County Planner, and members of the Planning Commission present, Don Witt, Chairman; Kyle Robinson; Martha Hooker; and AI Thomason. Although there was no consensus of the Board, the following items on the Planning Commission Project Priority List for 1999 were discussed: (1) complete minor zoning amendment package; (2) develop cluster housing ordinance; (3) set priorities for greenway construction; (4) develop ridgetop protection overlay ordinance; (5) develop Blue Ridge Parkway and Appalachian Trail overlay ordinance(s); (6) expand/define roles of neighborhood councils; and (7) develop interchange zoning districts. Also discussed were other possible projects for 1999 identified by the Department of Community Development which included land use evaluation of transportation corridors such as the Colonial Avenue corridor. 2.. Hazard Mitigation Grant for purchase of homes in Sun Valley/Palm Valley area The work session was held from 6:00 p.rn. until 6:10 p.m. Assistant Director of Community Development George Simpson advised that the County has received a grant for $688,100 from the Federal Emergency Management Agency to fund the acquisition of flood-prone houses in the Sun Valley/Palm Valley area of Roanoke County. He described na~am~aF4~ 4QQQ . 1m the criteria for selection of the eight houses to be acquired out of the 23 homes identified as candidates for acquisition based on the severity of flooding depths. 3. Board organizational rules and Drocedures This work session was held after the evening session was completed. IN RE: CERTIFICATION RESOLUTION R-121598-6 At 7:00 p.m., Supervisor Johnson moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 121598-6 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to 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: ee ner.AmhAr 15,1998 ~ AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None INRE: ADDITION TO AGENDA Chairman Johnson announced that a request to approve a hazard mitigation grant from FEMA was passed out at the earlier work session and will be added as a new business item. INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1.. Second reading of ordinance to rezone approximately 0.50 acre from R-1 to C-1 with conditions to allow an accountino office in an existino house. located at 3716 Colonial Avenue. Cave Spring Magisterial District. UDon the petition of Mark Harrell. (Terry Harrinoton. Countv Planner) (CONTINUED FROM 11-17-98 BECAUSE OF TIE VOTE) 0-121598-7 Mr. Harrington advised that this is a request to rezone approximately 0.50 acre from R-1 to C-1 to allow an accounting office in an existing house, located at 3716 Colonial Avenue. The petitioner offered eight proffered conditions which Mr. Harrington described. He advised that the Planning Commission recommended denial of the petition with conditions. The following citizens spoke in opposition to granting the rezoning because December 15, 1998 831 of concerns about increased traffic; spot zoning; area designated Neighborhood Conservation and should remain that way; and that the rezoning will set a precedent for others along Colonial Avenue to change to commercial: (1) Bill Land, 3671 Colonial Avenue; (2) David Courey, 3419 Ashmeade Drive; (3) Ellen Sue Hatcher, 3565 Colony Lane; (4) Wally M. Hillman, 3603 Cedar Lane; and (5) Hal Jones, 3734 Thompson Lane, representing several Green Valley neighbors. Phillip Wilson, 5512 Coleman Road, and who owns the house at 3640 Colonial Avenue, advised that he felt it makes sense for that strip of Colonial Avenue to be commercial. Mark Harrell, petitioner, inquired of Supervisor Nickens if he viewed the tape of the November 17, 1998 Board Meeting, when this request resulted in a tie vote and was carried over to this meeting. Supervisor Nickens advised that he viewed the tape, drove the area and reviewed the situation. Mr. Harrell advised that he feels that the opponents' analysis of the increased traffic bolsters his case for commercialization of this area. Supervisor Minnix advised that this area is designated neighborhood conservation which assumes protection from encroachment of commercial use in the Roanoke County Community Plan which is scheduled for adoption at the January 12, 1999 Board meeting, and he does not think that the County should deviate from the new Community Plan before it is adopted. He feels that this could set a precedent for other commercial efforts to attempt to locate in this area. He does not feel that an increased volume of traffic should be the criteria for rezoning changes. ~ Dp-cp-mbAr 15, 199B - Supervisor Nickens advised that the Community Plan which is an excellent guide book and contains valuable information can be revised at the request of citizens or the Board members. He asked Mr. Harrington to work with the Planning Commission to put Colonial Avenue as a top priority within the heavy traffic corridor studies that they will be doing. Supervisor Harrison agreed that corridor studies need to be done. Supervisor McNamara advised that this rezoning will mitigate a dangerous driveway situation and insulate the property against becoming anything except a house like structure with low impact business. Supervisor Minnix moved to deny the rezoning. The motion was defeated by the following recorded vote: AYES: Supervisors Minnix, Harrison NAYS: Supervisors McNamara, Nickens, Johnson Supervisor Nickens moved to approve the rezoning with conditions. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Nickens, Johnson NAYS: Supervisors Minnix, Harrison ORDINANCE 121598-7 TO CHANGE THE ZONING CLASSIFICATION OF A O.50-ACRE TRACT OF REAL ESTATE LOCATED AT 3716 COLONIAL AVENUE (TAX MAP NO. 77.18-3-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF MARK HARRELL WHEREAS, the first reading of this ordinance was held on October 27, 1998, and the second reading and public hearing were held November 17, 1998; and reheard December 15, 1998 833 on December 15, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 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 0.50 acres, as described herein, and located at 3716 Colonial Avenue (Tax Map Number 77.18-3-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Mark Harrell. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Signage shall be limited to a maximum of 30 square feet in area with soft lighting. (2) No additional exterior lighting shall be allowed. (3) Uses shall be limited to accounting/financial services business. (4) Parking lot access shall be off Thompsons Lane and shall be limited to a maximum of eight spaces. (5) Parking shall be confined to the rear yard and side yard facing the C-2 building (on Thompsons Lane.) (6) Hours of operation shall be limited to 7 a.m. until 9 p.m., 6 days a week (Sunday off). (7) All external changes to the building shall be residential in appearance. (8) Any additions to the building shall be approved only through the Special Use permitting process. 4. That said real estate is more fully described as follows: BEING all of Lot 1, according to the Map of Section 2 of Green Valley made by T. P. Parker, SCE, November 19, 1955, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at page 192. 5. That 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 Nickens to approve the rezoning with conditions and adopt the ordinance, and carried by the following recorded vote: ~ December 15,1998 - AYES: NAYS: Supervisors McNamara, Nickens, Johnson Supervisor Minnix, Harrison IN RE: PUBLIC HEARING CONTINUED Chairman Johnson announced that the following public hearing has been continued until January, 1999 at the request of Planning Commission. Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a SDecial Use Permit to allow a 9-hole golf course. located on the 2600 block of Rutrouoh Road. Vinton MaI;Jisterial District. upon the petition of Randall Wavne Brown. INRE: NEW BUSINESS 1... Request approval of Hazard Mitioation Grant from FEMA VDES HMGP File # VA-2235-161-037. (Georoe Simpson. Assistant Director. Community Development) A-12159S-S Mr. Simpson advised that Project Impact was kicked off today which gives the County, Cities of Roanoke and Salem, and Town of Vinton the opportunity to deal with hazard mitigation projects. As discussed in the earlier work session, Roanoke County has been awarded a grant from the Federal Emergency Management Agency (FEMA), administered through the State Department of Emergency Services, for $688,100 to purchase flood prone properties in the Sun Valley/Palm Valley area along Carvins Creek in the County. The original application was for $1 million which would have included 13 homes but the allocation was reduced so only 8 houses will be acquired. He advised that December 15,1998 835 it is hoped that the program will be continued and some of the other houses can be acquired at a later time. The County's share of the grant is 17.4% or $119,763 and that money is currently in the budget for this project. Supervisor Johnson advised that this would not have been possible without the City of Roanoke and the County joining in the Roanoke Valley Regional Stormwater Management Plan, and commended Mr. Simpson for his work on this project. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Carol Land. 3671 Colonial Avenue. spoke of her concerns about the earlier approval of the rezoning petition for an accounting business in a house on Colonial Avenue; and feels that because the Board is asking for a corridor study, this will make it more difficult to sell her property. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He questioned when the School Construction Steering Committee will meet again since it has been six to eight weeks since the last meeting. Chairman Johnson asked the Board Clerk to draft a letter to the School Board 836 December 15,1998 = Chair and inquire about having a meeting. Supervisor McNamara: (1) He suggested that the Board invite the School Board members to the Board Retreat. Mr. Hodge and Chairman Johnson will draft the Board retreat plans. (2) He wished everyone Happy Holidays. Supervisor Minnix: (1) He asked for the status of the bagged leaf collection since citizens have complained that the bags are not being picked up timely and are being vandalized. Mr. Hodge will report back on the status. (2) He advised that the Employees' Christmas Lunch today was good and that the staff did an outstanding job. (3) He thanked the people of the Cave Spring District for allowing him to serve another year and wished the best of holidays to all. Supervisor Johnson: (1) He advised that renovations to Hollins and Fort Lewis Fire Stations are going well and on target, as well as those to Burlington School and Clearbrook School. He also reported that Bonsack School is ahead of schedule. WORK SESSION (CONTINUED) 1... Board oroanizational rules and Drocedures The work session was held from 8:20 p.rn. until 9:00 p.m. and was held after the evening session was completed. Mr. Mahoney reviewed the draft ordinance presented to the Board members on November 121998, which would establish the organization and procedures for Board meetings. At the December 1 1998 Board meeting, Supervisor Nickens requested a work IN RE: December 15,1998 837 session on the subject. It was the consensus of the Board that Mr. Mahoney will include all suggestions made at the work session in an ordinance and bring it back for a first reading on January 4, 1999 and second reading on January 12, 1999. IN RE: ADJOURNMENT At 9:07 p.m., Chairman Johnson declared the meeting adjourned. Submitted by, Approved by, ßuJ~g, JJv~ Brenda J. H tori, CMC Deputy Clerk to the Board 838 December 15, 1998 = This page left blank intentionally.