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HomeMy WebLinkAbout11/18/1997 - Regular ~ November 18,1997 689 - - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 18, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the first regularly scheduled meeting of the month of November, 1997. NRE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix 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 IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. 690 November 18, 1997 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added Item 11 to the Consent Agenda: Donation of 20' sanitary sewer easement in connection with development of Hollins Communication Research Institute in Hollins West Professional Center Mr. Hodge requested that new business item 1 concerning the Schools be INRE: deferred to the evening session and added a work session on this item. Mr. Hodge added Executive Session item (7) consultation with legal counsel concerning potential litigation, BPOL tax, and announced that it would be held at 4 p.m. so that the Commissioner of Revenue could attend IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Proclamation declaring the week of November 16 - 22.1997 as American Education Week in Roanoke County. The proclamation was accepted by School Board Vice Chairman William Irvin, School Superintendent Dr. Deanna Gordon, and the President of the Roanoke County Education Association, Kit Reavis. Supervisor Minnix moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ November 18,1997 691 - IN RE: BRIEFINGS = 1..... Annual Report from Blue Ridge Community Services Board. (Bonnie Pollock. Roanoke County representative) The report was made by Bonnie Pollock, BRCS Board of. Directors member, and Roanoke County representative. Also present were Thomas Chapman, Director of Administration, and Kathy York, Administrative Assistant. INRE: NEW BUSINESS 1.. Request from the Schools for an advance of $1.721.200 for architectural contracts for Phase I of the School Capital ImDrovement Proaram. (Dr. Deanna Gordon. School Superintendent) This item was deferred to the first item on the evening agenda. 2. Request from the National Association of Counties (NACO) for a contribution to fund a LeQal Defense Fund to oppose changes in the 1996 Telecommunications Act. (Elmer Hodae. County Administrator) A-111897-1 Mr. Hodge advised that NACo was involved in lobbying the Telecommunications Act of 1996 and was successful in protecting county interests in the 692 November 18,1997 '- areas of zoning of cellular towers and other Issues. They are now In the process of = developing a legal defense fund to resist attempts by the telecommunications industry to preempt local government authority and overturn local government protections in the Telecommunications Act. They are requesting a $1,000 contribution for their legal fund based on population. Roanoke County has already faced one potential lawsuit over this issue and more than this $1,000 could be spent in the future. Supervisor Nickens moved to approve a contribution of $1,000 from funds other than Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Consideration of Governor Allen's additional Thanksgiving. Christmas and New Year's holidavs. (Elmer Hodge. County Administrator) A-111897-2 Mr. Hodge advised that for the past six years, the Governor of Virginia has declared additional holidays for Thanksgiving, Christmas and New Years, and the County has followed his schedule. On November 1, 1997, the Governor of Virginia authorized all State offices to close at Noon on Wednesday November 26; Noon on Wednesday December 24; all day on Friday December 26; and all day Friday January 2, 1998. The School Board has authorized the School Superintendent to decide whether the School Administrative offices will close on these extra days and they plan to follow the same - November 18,1997 693 - = schedule as the County. He recommended that the County employees be allowed to take the additional holidays authorized by Governor Allen as outlined in the Employee Handbook and already approved for the Constitutional Offices in the Courthouse. After discussion, the staff was asked to review the merits of flexible holidays and Mr. Hodge was directed to bring back a report. Supervisor Nickens moved to approve granting three days as directed by the Governor and revise the Employee Handbook to delete "or the Governor of Virginia" from the Holiday Schedule Section. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first reading and set the second readings and public hearings for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 1.. Ordinance to obtain a Special Use Permit to operate a home occuDation in an accessoiy structure. located at 6934 Brookview Road. Hollins Maaisterial District. upon the petition of Vince's Small Engine Repair. 2. Ordinance to rezone 14.22 acres from AG-1 to R-1 to construct sinale family homes. located in the 1500 block of Skvview Road, 694 November 18,1997 Catawba Maaisterial District. upon the petition of Opie Tiller. = ~ Ordinance to obtain a SDecial Use Permit to allow a private kennel. located at 4601 Goodman Road. Vinton Magisterial District. upon the petition of Golden Oaks Kennels. INRE: FIRST READING OF ORDINANCES . . 1.. First readina of ordinance authorizing the lease of office SDace for use by the Court Service Unit staff for Crime Control Grant staff members. (John M. Chambliss. Jr.. Assistant County Administrator) Mr. Chambliss advised that the Court Service Unit administers severa~ programs using monies from the Virginia Juvenile Community crime Control Act. There is no space available in the Courthouse complex for these programs but staff has obtained proposals to rent 550 square feet of space in the Salem Bank and Trust Building for one year at an annual rate of $4,812.50. Funding for these positions and operating expenses including rent is included in the Crime Control Grant monies. It was the consensus of the Board that staff will bring back a comprehensive report on Courthouse needs for discussion at the Board Retreat in January, 1998. Supervisor Minnix moved to approve the first reading and set the second reading for December 2, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ November 18,1997 695 - = .2.. First reading of ordinance authorizinQ Quitclaim and release of a water and sanitaiy sewer easement within boundaries of Chaaall Drive and located between Lot 1. Block 3. Section 2 and Lot 3A. Block 2. Section 1 of the Gardens of Cotton Hill. (Arnold Covev. Engineering & Inspections Director) Mr. Covey advised that this is an effort to move forward to have the streets in the Lilies of the Garden, Section 3, Subdivision accepted by the Virginia Department of Transportation. VDOT requires that the right of ways be free and clear and this easement was created prior to the platting of that subdivision. The quitclaim still gives the County the right to maintain the utilities within that right of way and if anything happens in the future, it would revert back to the County. There was no discussion. Supervisor Minnix moved to approve the first reading and set the second reading for December 2, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1.. Commission for Senior and Challenged Citizens. Supervisor Nickens nominated Joyce Heath to represent the Vinton Magisterial District. 2. Library Board 696 November 18,1997 - Supervisor Johnson nominated Dr. Norma J. Peters to represent the Hollins - Magisterial District for a four year term which will expire December 31, 2001. Chairman Johnson asked that Supervisor-Elect Joseph McNamara be notified that Supervisor Eddy has referred the nomination to Mr. McNamara to replace the Windsor Hills Magisterial District member who resigned. 3. Roanoke County Planning Commission Supervisor Harrison nominated Martha Hooker to represent the Catawba Magisterial District for a four year term which will expire December 31, 2001. ~ Roanoke Valley Resource Authoritv Supervisor Minnix asked Deputy Clerk Brenda Holton to find out if Allan C. Robinson was eligible to be reappointed. IN RE: CONSENT AGENDA R-111897-3: R-111897-3.e Supervisor Johnson moved to adopt the Consent Resolution without Item 8 and addition of Item 11. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None In response to an inquiry, Economic Development Assistant Director Brian Duncan advised that Item 8 was being brought to the Board for approval because the petitioner is asking for $12,962 which is 100% of the funds and any request for 100% of funds cannot be approved by staff. ~ November 18,1997 697 - Supervisor Minnix moved to approve Item 8. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson Supervisor Nickens suggested that concerning Item 9 dealing with Lowe's and Pinkard Court, consideration be given to memorializing the name of Pinkard Court as a street name or in some appropriate manner. Chairman Johnson directed Mr. Hodge to handle this as a staff function. RESOLUTION 111897-03 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke C¡)unty, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for November 18,1997 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 11, inclusive, as follows: 1. Approval of Minutes - September 23, 1997, October 14, 1997, and October 28, 1997 (Joint Meeting with Roanoke City Council). 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), Grievance Panel, Commission for Senior and Challenged Citizens, Committee to establish guidelines and policies for placement of communication towers, and Parks and Recreation Advisory Commission. 3. Donation of 20' sanitary sewer easement in connection with development of Winnbrook Subdivision across property owned by Virgil E. Jamison, et als. 698 November 18, 1997 - 4. Request for acceptance of Parkway Place Drive and Parkway Place Lane into the Virginia Department of Transportation Secondary System. - 5. Donation of storm drainage easement on property owned by Buford W. Stapleton and Mary M. Stapleton. 6. Acceptance of water and sanitary sewer facilities serving Nicholas Hills Subdivision. 7. Request from School Board to appropriate $10,000 grant funds to High Schools That Work Fund for Cave Spring High School. 8. Request for approval of expenditures from Public Private Partnership funds for Famous Anthony's. 9. Authorization to give notice to the Commonwealth Transportation Board to proceed with abandonment of the streets in the Pinkard Court Subdivision. 10. Acceptance of donations of right-of-way and easements for the Garman Road relocation and improvement project. 11. Donation of 20' sanitary sewer easement in connection with development of Hollins Communication Research Institute in the Hollins West Professional Center. 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 8 removed and Item 11 added, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None On motion of Supervisor Minnix to approve Item 8, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson RESOLUTION 111897-3.c REQUESTING ACCEPTANCE OF PARKWAY PLACE DRIVE AND PARKWAY PLACE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM ~ November 18,1997 699 - WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Sucervisor Johnson None Reauired Supervisors Eddy. Harrison. Minnix Nickens. Johnson None None IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson advised that the Board plans to have a two day retreat in January, 1998, and requested that the Board members give possible dates to staff later in the evening. Chairman Johnson advised that a work session on the Comprehensive Plan is scheduled for December 16, 1997. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 700 November 18, 1997 Mr. Merriman ::>ears, l04U Apperson unve, KoanoKe, VA, spoKe concerning the pending condemnation of his property for the south loop water transmission line. Mr. Mahoney responded to Mr. Sears' questions. It was the consensus of the Board to add a discussion of this item to the Executive Session later in the~vening pursuant to Section 2.1-344 A (7) consultation with legal counsel concerning pending litigation. = INRE: 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.(7) consultation with legal counsel concerning potential litigation, BPOL tax. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson None INRE: R-111897-4 CERTIFICATION OF EXECUTIVE SESSION At 4:25 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111897-04 CERTIFYING EXECUTIVE MEETING WAS ~ November 18,1997 701 ~ 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 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison: (1) He advised that he received a petition from the North Lakes neighborhood and is working with Planning and Zoning to resolve. (2) He advised that the new road into the Kroger Distribution Center is open. (3) He wished the Glenvar Girls' Basketball Team good luck in the State Tournament. Supervisor Nickens: (1) He announced that the Virginia Department of Transportation public hearings concerning Hardy Road will be held at 4:00 p.m. and 7:00 p.m. on December 9, 1997, at the Vinton Senior Citizens Center. Supervisor Eddy: (1) He asked about the status of the utility billing form. Mr. Hodge advised that staff plans to have a report on December 2, 1997. Supervisor Eddy advised that his primary concern was the inadequate and misleading information on 702 November 18,1997 - tne Dill ana ne aSKeo tnat tnlS De aooresseo. = Supervisor Minnix: (1) He thanked the school administration and staff for the activities in the Cave Spring District during American Education Week. Supervisor Johnson: (1) He advised that the results of the referendum at Hollins two weeks ago showed that 62% reaffirm the way that the County has been run. (2) He announced that the Christmas Tree lightning will be held December 4, 1997 at 7:00 p.m. at the Brambleton Center. (3) He advised that there was a sub-committee meeting of the General Assembly at Northside High School about charter schools and advised caution about this topic. He suggested that input concerning this be put into the County's legislative program. INRE: REPORTS Supervisor Johnson moved to receive and file the following reports without Item 6. The motion carried by a unanimous voice vote. 1.. General Fund UnaDpropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continaencv Fund 4. Accounts Paid - October 1997 5. Statement of Revenues and Expenditures for period ended October 31. 1997 6. Utilization Report for Youth Haven II -, November 18,1997 703 - Supervisor Nickens moved to receive and file Item 6. The motion carried by the following recorded vote. AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None Supervisor Nickens asked for a copy of the number of participants per day for February, 1997, through October, 1997. Youth Haven II Director, Ms. Tys-Berson, will provide him with this information. 7. Report on revised fee schedule established bv Industrial DeveloDment Authority JL. Report from the Virginia Department of Transportation of changes to the Secondary System as of October 1997 9. Status of Policy Manual. INRE: EXECUTIVE SESSION At 4:45 p.m., Supervisor Johnson moved to go into Executive Session after the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (7) consultation with legal counsel pertaining to agreement with the Town of Vinton; and (7) consultation with legal counsel concerning pending litigation The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson None 704 November 18, 1997 - INRE: WORK SESSIONS - 1.. Work Session on request from the Schools for an advance of 51.721.200 for architectural contracts for Phase I of the School Capital Improvement Proaram. The work session began at 4:50 p.m. William Irvin, School Board Vice Chairman, Dr. Deanna Gordon, School Superintendent, and Marty Robison, Executive Assistant, were present. These topics were discussed: site selection, process and costs for the new high school; Bonsack School; utilization of Roanoke County Career Center; bond referendum; and Blue Ribbon Committee recommendations. 2. SecondarY Road Svstem Six-Year Construction Plan and Virginia Department of Transportation Revenue Sharina Proaram. (Arnold Covey. Engineering & Inspections Director) The work session began at 5:40 p.m. It was presented by Arnold Covey, Director of Engineering & Inspections, and Jeff Echols, Resident Engineer, Virginia Department of Transportation. Mr. Covey went over several sections of the notebook containing the County's Six Year Secondary System Construction Plan for Fiscal Years 1998-2004 and Revenue sharing for Fiscal Year 1998-1999 which had been distributed to the Board members. These topics included: countywide items, incidental construction items, numbered projects, and VDOT's six-year road plan for the Six Year Plan and projects and priority lists for revenue sharing. Supervisor Nickens suggested that staff should look for new and creative ways to fund the roads improvements and asked that staff investigate Mr. Hodge's ~ November 18,1997 705 - suggestion. Mr. Hodge suggested obtaining a bond for the entire $7.2 million needed to - complete the roads currently on the six year plan and then pay the debt service with the revenue allocated each year from the State for the six year plan. There were no changes made to the Six Year Secondary System Construction Plan or the Revenue Sharing Plan. Mr. Covey advised that there will be a public hearing concerning this item on December 16,1997 at 7:00 p.m. 3. Parks and Recreation to discuss facility and athletic program issues. (Pete Haislip. Parks & Recreation Director) The work session began at 6:25 p.m. It was presented by Pete Haislip. It was the consensus of the Board for (1) Chairman Johnson to write a letter to the School Board Chairman about youth athletics at the middle school level; (2) the Parks & Recreation Community Use Manual to be followed; (3) the Board to continue working with schools; and (4) the Parks & Recreation Department to hold the ages of the participants in athletics to six years and up. IN RE: CERTIFICATION OF EXECUTIVE SESSION At 7:00 p.m., Chairman Johnson announced that the Executive Session was not held. It was postponed until the end of the evening session and no action is anticipated. IN RE: UNFINISHED BUSINESS 1.. Reauest from the Schools for an advance of 51.721.200 for 706 November 18, 1997 architectural contracts for Phase I of the School Capital - Improvement ProQram. (Dr. Deanna Gordon. School Superintendent) R-111897-5 Dr. Gordon requested that the Board approve the advance of $1 ,721 ,200 to the Schools as discussed in the earlier work session. Supervisor Nickens suggested a 90 day delay to allow the architects to evaluate the potential for utilizing the Roanoke County Career Center for a renovated William Byrd Elementary School. There was no Board concurrence. Supervisor Nickens stated that once the A&E work is complete, he thought it appropriate to ask for voter approval by a bond referendum of the $47 million projects. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111897-05 TO ADVANCE FUNDS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County Board") adopted a resolution on August 19, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, the School Board (the "School Board") of the County of Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to reimburse itself from the proceeds of one or more tax-exempt financings for ~. November 18,1997 707 - certain expenditures made and/or to be made in connection with the acquisition, renovation, construction and equipping of certain capital improvements for school projects, and WHEREAS, The School Board requested an advance of $ 50,000 on September 11, 1997 for environmental assessments, advertising costs for architects and engineers, core drillings, and other costs related to the acquisition of land in South County, and WHEREAS, the County Board approved this $50,000 advance on September 23, 1997, and WHEREAS, the School Board has now requested an advance of an additional sum of $1,721,200 to hire architects to design various school projects, NOW THEREFORE BE IT RESOLVED that the County Board will advance the additional sum of $1 ,721 ,200 to the School Board to hire architects to design various school projects. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1.. First readina of ordinance authorizing the vacation of a portion of a platted. unnamed. abandoned 90' riQht-of-wav as shown on the maD of Lee Mitchell Subdivision. recorded in Plat book 3. Paae 203. and located in the Catawba Magisterial District. (Arnold Covev. Engineering & InsDections Director) Mr. Covey advised that the petitioner, Mr. Thomas Moore, is the owner of the parcel adjacent to the right-or-way and desires to vacate this abandoned right-of-way to improve his property, which is located in the City of Salem. The Lee Mitcheli Subdivision was annexed by the City of Salem in December 1966, and the only portion of the plat that was not included in the annexation was the 90 foot unimproved right-of-way. Mr. Covey recommended that the Board approve the first reading of the ordinance to vacate the right- 708 November 18,1997 of-way. There were no citizens present to speak on this Item. Supervisor Harrison moved to approve the first reading and set the second reading for December 2, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None = IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1.. Second readina of ordinance to rezone 10.35 acres from R-3 to PRD to construct a planned residential community. located 200 feet west of the Chukar Drive cul-de-sac. Cave Sprina Magisterial District. upon the petition of Jackson Assoc. Limited of VA. Chairman Johnson announced that this public hearing had been continued at the request of the petitioner. z.. Second reading of ordinance to obtain a Special Use Permit to construct a 190 foot self-supportina broadcast tower. located at 5585 Catawba Hospital Drive. Catawba Magisterial District. upon the petition of Ohio State Cellular Phone Co.. Inc. (Paul Mahoney. County Attorney) 0-111897-6 Mr. Mahoney explained that he initially advised that this item should be ~ November 18, 1997 709 - continued by the Board until December 16, 1998, but an agreement has been reached on this item with all the parties and he is asking for approval at this meeting. He distributed a revised ordinance and survey plat which shows the location of the proposed cellular tower at the site. Representatives from Ohio State Cellular were present. Mr. Mahoney advised that paragraph 1 (8) of the ordinance had been changed to state more accurately the location of the tower; and that the ordinance was conditional upon the actual receipt and acceptance of a deed from the Commonwealth of Virginia for the additional three acres of real estate and the ordinance would be null and void if this deed is not received by December 16, 1997. There was discussion about the terms of the lease and whether or not Ohio State Cellular may want a longer term. Mr. Mahoney advised that the Board approved the lease at their meeting on October 28, 1997. The Board authorized Mr. Mahoney to negotiate provisions in the lease agreement to address the salvage and technological changes. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111897-06 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER AT 5585 CATAWBA HOSPITAL DRNE (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. 710 November 18,1997 1.00-1-29) In the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997, and continued to November 18, 1997. 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 § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (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 painted 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. -, November 18, 1997 711 - (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. 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. 3. That, in the event the aforementioned deed from the Commonwealth of Virginia for an additional three (3) acres of real estate is not received and accepted by the Board of Supervisors of Roanoke County by December 16, 1997, this ordinance shall be deemed null and void, and thereby, shall be repealed. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second readina of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive. Vinton Magisterial District. upon the petition of Falling Creek Development. L.C. (TerrY Harrington. PlanninQ and Zoning Director) 0-111897-7 712 November 18,1997 - Mr. Harrington advised that the petitioner is asking for this rezoning to divide = the parcel into three buildings lots. He advised that the Roanoke County Planning Commission voted to approve the rezoning but they asked for clarification of the total number of lots in the new development. There will be a total of 47 lots, including the three being proposed by this rezoning. There was no discussion and no citizens present to speak on this item. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111897-07 TO CHANGE THE ZONING CLASSIFICATION OF A 2.881-ACRE TRACT OF REAL ESTATE LOCATED AT THE END OF TODDSBURY DRIVE (PART OF TAX MAP NO. 51.03-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG- 3 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION OF FALLING CREEK DEVELOPMENT, L.C. WHEREAS, the first reading of this ordinance was held on October 28, 1997, and the second reading and public hearing were held November 18, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 3, 1997; and WHEREAS, legal notice and advertisement has been provided as required bylaw. 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 2.881 acres, as described herein, and located at the end of Toddsbury Drive (Part of Tax Map Number 51.03-1-1) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agriculture/Rural Preserve District, to the zoning classification of AR, Agriculture/Residential District. 2. That this action is taken upon the application of Falling Creek - ~ November 18,1997 713 Development, L.C. 3. That said real estate is more fully described as follows: Beginning at an iron pin found in the easterly boundary line of Section 5, Falling Creek Estates, recorded in the Clerk's Office of the Circuit Court for Roanoke County at PB 9, page 146, marking the common comer of Lots 18 and 19; thence along and with the boundary of said Lot 18, N. 26° 45' 48" E. 299.67 feet to an iron pin found in the property line of Falling Creek Development, L.C.; thence, along and with said Falling Creek Development, L.C. S. 44° 53' 30" E. 452.74 feet to an iron pin found; thence, S. 56° 14' 08" W 158.96 feet to an iron pin found; thence, leaving said Falling Creek Development, L.C., with a new line, N. 72° 50' 44" W. 452.79 feet to the point of Beginning, containing 2.881 acres, as shown on the "Plat Showing Survey of a Portion of Property Owned by Louis P. Bailey, Jr." prepared by Donnie W. Slusher, L.S., dated July 21,1995, a copy of which is recorded in the Clerk's Office of the Circuit Court of Roanoke County in PB 18, page 84. 4. 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 adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue. west of the East Vinton Plaza. Vinton Magisterial District. UDon the petition of W. H. Olive and Jacqulin LOQan. (Terry Harrington. Plannina and ZoninQ Director) 0-111897-8 714 November 18, 1997 Mr. Harrington advised that the petitioners are requesting this special use - permit to construct mini-warehouse storage facilities. He reported that the Planning Commission recommended approval with three conditions which were described. Supervisors Nickens suggested that Type C screening and buffering be added to the first condition. There were no citizens present to speak on this item. Supervisor Nickens moved to adopt the ordinance with Type C screening and buffering added to Condition #1. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111897-08 GRANTING A SPECIAL USE PERMIT TO W. H. OLIVE AND JACQULlN LOGAN TO CONSTRUCT MINI-WAREHOUSE STORAGE FACILITIES LOCATED IN THE 1900 BLOCK OF WASHINGTON AVENUE, WEST OF THE EAST VINTON PLAZA, (PART OF TAX MAP NO. 61.15-1-1), VINTON MAGISTERIAL DISTRICT WHEREAS, W. H. Olive and Jacqulin Logan has filed a petition to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza (Part of Tax Map No. 61.15-1-1) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 3, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 28, 1997; the second reading and public hearing on this matter was held on November 18, 1997. 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 W. H. Olive and Jacqulin Logan to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza (Part of Tax Map No. 61.15-1-1) in the Vinton Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: - ~- November 18,1997 715 (1) Type C screening and buffering will be required to the rear (north) of and to the northwest side of the Vinton Family Medical Center where the clinic borders the proposed mini-warehouses. (2) Site will be developed in conformance with site plan dated July 16, 1987, and revised June 2, 1997. (3) Height of the storage buildings is limited to 10 feet. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance with Condition 1 revised to include Type C screening and buffering, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None INRE: CITIZEN COMMENTS AND COMMUNICATIONS Mr. Melvin C. Anderson, III, 856 Chestnut Street, Vinton, VA, presented a petition from citizens asking that the shelter in the Capital Improvement Program which is being planned for Craig Center be erected instead at M. A. Banks Park. He also presented a letter of support from the Vinton Town Council. The Board referred this item to the staff and requested that the Town of Vinton be contacted. IN RE: EXECUTIVE SESSION Chairman Johnson advised that the motion and vote to go into Executive Session was taken at 4:45 p.m. and he asked that the time for that action be changed to 7:51 p.m. At 7:51 p.m., Supervisor Johnson moved to go into Executive Session 716 November 18, 1997 t.JI..Ilò:)UC1l1l tv U".. l,;Oae of virginl!! Oð~tiOI, 2.1 J~~ 1\. {I) ,,^,1I~ultðtion nidi legal COUllsel = ~ pertaining to agreement with the town of Vinton; and (7) consultation with legal counsel concerning pending litigation The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson .' NAYS: None INRE: CERTIFICATION OF EXECUTIVE SESSION R-111897-09 At 8:35 p.rn., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111897-09 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 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: ----- November 18,1997 717 - AILv. NAYS: vUpðl YI~UI.¡:) L~..JYI MIIIIII^I Ilelll í~UII Ni\,;"t::II~1 Jul If I::iUrl None - IN RE: POLICE DEPARTMENT ACCREDITATION Mr. Hodge briefed the Board on the process for the Police Department accreditation. IN RE: ADJOURNMENT Supervisor Johnson moved to adjourn the meeting at 8:50 p.m. The motion carried by a unanimous voice vote. Submitted by, Approved by, ~.~ Brenda J. Iton Deputy Clerk 718 November 18,1997 - This page left blank intentionally.