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HomeMy WebLinkAbout12/16/1997 - Regular ~ December 16,1997 745 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 16, 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 second regularly scheduled meeting of the month of December, 1997. 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 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; Mary H. Allen, 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 Dr. Brent Sandy. Grace Brethren Church. The Pledge of Allegiance was recited by all present. 746 December 16,1997 ru:QI:I~gT6 to 1"0nreUE, ADD TO, OR CHAr~CI! THE ORD!!R OF AGENDA ITEMS Mr. Hodge advised that: (1) Item F-1, a Special Use Permit to expand an existing religious assembly had been withdrawn; (2) several executive session items have been added. IN R.[. Supervisor Nickens requested that the legislation program be deferred until the Board meets with the legislators on January 5, 1998. Chairman Johnson ruled that this decision would be made when the item is considered. Supervisor Minnix advised that Item U-5, Petition of Jackson Associates to rezone 10.35 acres to PRD, was continued to January 27, 1998. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Resolution of ADpreciation to Supervisor Lee B. Eddy for his service on the Roanoke County Board of Supervisors. R-121697-1 Chairman Johnson presented a plaque and resolution to Supervisor Eddy who expressed appreciation to the Board. Supervisor Minnix to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Eddy ~ December 16,1997 747 - = RESOLUTION 121697-1 OF APPRECIATION TO LEE B. EDDY FOR HIS SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1990 TO 1997 AND AS CHAIRMAN FOR 1992 AND 1994 WHEREAS, Lee B. Eddy was first elected to the Board of Supervisors of Roanoke County from the Windsor Hills Magisterial District in 1989, and WHEREAS, Supervisor Eddy served the County of Roanoke tirelessly and selflessly for a period of eight years, devoting many hours to the business of Roanoke County both as a member of the Board of Supervisors, and as its Chairman in 1992 and 1994; and WHEREAS, during his term, Supervisor Eddy served with distinction on the Fifth Planning District Commission, the Roanoke Valley Greenway Commission, the Roanoke County Recycling Advisory Committee, the Clean Valley Council and the Roanoke County Resource Authority; and WHEREAS, Supervisor Eddy had previously served on the Board of Supervisors from 1968 to 1971, twice serving as the Chairman; and WHEREAS, in addition to his service on the Board of Supervisors, Mr. Eddy has dedicated much of his time volunteering in his community, serving as President of the Oak Grove Elementary School PTA and Cave Spring Junior High School PTA, a member of the Roanoke County Planning Commission; a Board member on Friends of the Blue Ridge Parkway and a founding member of the Fifth Planning District Commission; and WHEREAS, during his term, Supervisor Eddy was appointed by Governor George Allen to serve on the State Regional Competitiveness Act Advisory Committee. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and appreciation to LEE B. EDDY for his many significant contributions to the County as a member and Chairman of the Board of Supervisors; and FURTHER, the Board of Supervisors wishes Mr. Eddy continued success in his future endeavors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Eddy 2. Presentation to Roanoke County from Hayes. Seay. Mattern and Mattern for state and national awards for the Clifford Craig Dam at Sprina Hollow Reservoir. R-121697-2 748 December 16,1997 MI. John Ðmd3r,m. Ilör.UA, ,-".d t1thcr~ pfeaef1te~ th~ ...,.... L:n..,.,.L.... to diu 8Uij' d - - of Supervisors. Chairman Johnson presented a resolution of congratulations to HSMM for winning the award. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-2 OF CONGRATULATIONS TO HAYES, SEAY, MATTERN AND MATTERN FOR RECEIVING THE VIRGINIA GRAND CONCEPTOR AWARD AND NATIONAL FINALIST STATUS FROM THE AMERICAN CONSULTING ENGINEERS COUNCIL AND FOR CELEBRATING 50 YEARS OF OUTSTANDING WORK IN THE ENGINEERING FIELD WHEREAS, for over a decade, Hayes, Seay, Mattern and Mattern of Roanoke and Roanoke County worked together to design and construct the Clifford D. Craig Dam and Spring Hollow Reservoir Project, two major components of a $72 million water system designed to provide drinking water for Roanoke Valley residents into the 21 st century; and WHEREAS, the Clifford D. Craig dam is one of the first, and the largest, roller compacted dams on the east coast, the construction of which involved innovative technology and visionary engineering, yet was completed on time and under budget; and WHEREAS, in 1996, Roanoke County and Hayes, Seay, Mattern and Mattern received the Award of Excellence from the Virginia Chapter of the American Concrete Institute for the use of concrete in the withdrawal towers at Spring Hollow Reservoir; and WHEREAS, Hayes, Seay, Mattern and Mattern recently entered the project in the Engineering Excellence Awards competition sponsored by the American Consulting Engineers Council, where it won the Grand Conceptor Award at the state level and was one of the finalists in the national competition; and WHEREAS, Hayes, Seay, Mattern and Mattern recently celebrated its 50th anniversary as architects, engineers and planners working throughout the world with headquarters in the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to HAYES, SEAY, MATTERN AND MATTERN for receiving the Virginia Grand Conceptor Award and national finalist status from the American Consulting Engineers Council and for celebrating ~ December 16, 1997 749 -, :50 Y...II::; uf uUlsl.II lI:.th '1:1 wu,l\ i'l II ,.. .."1:111'....' h '1:1 fh:.ld, .u,d BE IT FURTHER RESOLVED, that the Board of Supervisors, on its own behalf and on behalf of the current and future residents of the Roanoke Valley, extends gratitude and appreciation to Hayes, Seay, Mattern and Mattern for the creativity, knowledge, and dedication which the firm brought to its work on the Clifford D. Craig Dam and Spring Hollow Reservoir project. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS 1. Resolution adoptina a legislative program for the 1998 session of the Virainia General Assemblv (Paul Mahoney. County Attorney) CONTINUED FROM DECEMBER 2. 1997 Following discussion of the items on the legislative resolution, Supervisor Nickens moved to postpone adoption until the January 5, 1998 meeting with the Roanoke Valley legislators. The motion carried by a unanimous voice vote. 2. Request from Sheriff's Office to accept additional funding from the Virainia State ComDensation Board to purchase Live Scan equipment. (Sheriff Gerald Holt) A-121697-3 Sheriff Holt reported that a request for $75,000 was made to the State Compensation Board on November 12, 1997 for funding of Live Scan equipment for the jail facility. This equipment will classify fingerprints and check the fingerprint files 750 December 16,1997 Immc;dlðk;I). nu~ tatðl...'IIII,-"tlnt t1...tudeEl n~.... 5521208, ..,ltt1 tt1t; f5ffiðlfllFlg ~221rg2 to '-'VII Iv = from the Sheriffs budget. The equipment is scheduled for delivery in January 1998. The Sheriffs Office will also work with Social Services to identify Social Services recipients who are illegally receiving services. Supervisor Johnson moved to approve the acceptance of funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ~ Request from Sheriff's Office to accept a continuation of the existinQ Criminal History Records Improvement arant from the Department of Criminal Justice Services. (Sheriff Gerald Holt) A-121697-4 Sheriff Holt advised that his office applied to the Department of Criminal Justice Services for a continuation of an existing grant on October 15, 1997. The grant for $128,200 was approved on December 5 and allows the Sheriffs Office to continue with the current project of developing improvements to the computerized records system. The state will provide $96,150 and the remaining $32,050 will come from the Sheriffs budget. Sheriff Holt explained that they will purchase photo image equipment which will also be available to other jurisdictions. Supervisor Nickens moved to accept the continuation of the grant. The motion carried by the following recorded vote: ~ December 16,1997 751 - A,~~. .;:)UtJt::IlVlõ:IIVlò:I LoUUy, I IClI I Iò:lUI I, MIIIIII^, NI'-"''='llò:I, JUllllò:lVl1 NAYS: None !. Request from School Board for an advance of $104.000 for architectural and Engineering fees for renovations to the science labs. (Dr. Deanna Gordon. School Superintendent) R-121697-5 Dr. Gordon advised that the School Board is finalizing negotiations to award the architectural and engineering contract for renovations to the science labs. At their School Board meeting on November 13, the School Board approved a request for an advance of $130,000; however, this is the maximum amount they will need for the entire contract. The portion related to the design phase is $104,000, and this is the amount that the School Board is requesting at this time. Supervisor Nickens moved to adopt the resolution advancing the funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697·5 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 752 December 16,1997 Itlli...L_.__ :L__lf ~,"",III u." þll__..Ja _r _II. Q, 1111=11" t_. "'H"III ;:Il ~11411_iI11:l" ["". 1:.~ll..ill 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 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 requested an additional advance of $1,721,200 on November 13, 1997 to hire architects to design various school projects, and WHEREAS, the County Board approved this $1,721,200 additional advance on November 18, 1997, and WHEREAS, the School Board has now requested an additional advance of $130,000 to hire architects to begin renovations to the science labs, and WHEREAS, the Schools will need only $104,000 to complete the design phase of the science labs, NOW THEREFORE BE IT RESOLVED that the County Board will advance the additional sum of $104,000 to the School Board to hire architects to begin renovations on the science labs. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - - IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. Ordinance to obtain a Special Use Permit to expand an existing religious assembly facilitv. located at 6402 Peters Creek Road. Hollins Magisterial District. upon the petition of North Roanoke Baptist Church. ~ December 16,1997 753 - \;nalrman Johnson announced that this pedtlon had been wltnarawn. IN RE: FIRST READING OF ORDINANCES 1.. First ReadinQ of Ordinance to execute an intergovernmental agreement purchase contract and lease agreement to Durchase. operate and maintain a joint 800 MHZ radio svstem with the City of Roanoke (William Rand. General Services Director) 0-121697-6 Mr. Rand reported that in 1987, Roanoke County placed in operation a 7 channel 800 MHZ radio system on Poor Mountain. In 1990, additional tower sites were added on Fort Lewis Mountain and Crowells Gap. In April 1997 a third upgrade was completed adding 6 channels for a total of 13. Two years ago, a joint city/county task force decided that a combined communication system would provide operational and economic benefits. A consultant was hired to explore and evaluate all reasonable methods of providing joint communications. In December of 1996, the consultant recommended that an expansion of the County radio system that would include the city channels was the most effective choice. This system would provide 23 channels and 4 tower sites. An intergovernmental fifteen year agreement has been negotiated by Roanoke City and Roanoke County which includes system construction and financings of 23 channels and 4 sites at a cost of $6,886,848. Roanoke County's portion of this expense is $881,949. $125,000 and funds for the infrastructure work would be funded from the Capital Improvement Program with the remaining funds financed for seven years. 754 December 16, 1997 Mr. J{ðl,d íl,l.oou'-'Cu Lllg ò:)LClIIIIUIII n..UèUIOke City étnd MOlorola wno were - involved in the contract. He requested that the Board approve the first reading, that the second reading be waived and that the ordinance be adopted which authorizes the County Administrator to execute the intergovernmental agreement, execute the County's portion of the City's contract with Motorola and execute the lease/purchase agreement with Motorola. There was a discussion on the benefits of paying for the system now rather than financing at a rate of 5.14%, but Ms. Hyatt advised that currently the interest on some savings is up to 6%. Supervisor Eddy moved to waive the second reading and adopt the ordinances. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-6 APPROVING THE JOINT EXERCISE OF POWERS WITH THE CITY OF ROANOKE FOR A JOINT 800 MHZ TRUNKED RADIO COMMUNICATIONS SYSTEM AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THAT PURPOSE AND FURTHER AUTHORIZING THE EXECUTION OF A CONTRACT WITH MOTOROLA CORPORATION AND APPROVING REIMBURSEMENT FOR LEASE/PURCHASE OF THIS RADIO SYSTEM AND RELATED TOWER IMPROVEMENTS WHEREAS, the County of Roanoke established an 800 MHZ trunked radio communications system in 1987 in order to provide its citizens with the most technically reliable and efficient radio system for public safety and other county services and has continued to upgrade this radio system at the cost of several millions of dollars; and WHEREAS, the City of Roanoke having decided to upgrade its public radio system to an 800 MHZ trunked radio system, negotiations between the County and City produced agreement to expand and upgrade the existing County 800 MHZ trunked radio communications system in order to provide an improved and seamless regional radio ~, December 16,1997 755 - - ~y~l~1I1 I\JI bUll I lIl~ vUUllty c.111U vlLY IVI tJuuln.,¡ ~ClI,",ty (:IllY ULlI'='1 tJuLJ11\,; U~d~C~ d'" wdll CI~ improved back-up capabilities for such system; and WHEREAS, Section 15.2-1300 ofthe Code of Virginia, 1950, as amended, authorized the County and City to act by ordinance to jointly exercise any of their powers including the operation of a public radio communications system and to enter into agreements for such joint undertakings; and WHEREAS, the Board of Supervisors of the County of Rbanoke, Virginia ("County") has determined that it is necessary or desirable to: (A) enter into an intergovernmental agreement with the City of Roanoke, Virginia, for the purposes of the creation and operation of a joint regional 800 MHZ radio system; and (B) authorize the execution of a Communications System Agreement with Motorola, Inc. for an expanded 800 MHZ radio system; and © advance money to pay the costs of acquiring certain equipment and improvements for the County consisting of an expanded 800 MHZ trunked radio communications system and related associated system assets and equipment ("Equipment"); and (D) to reimburse such advances with proceeds of one or more financings; and WHEREAS, in order to expedite improvements to the County's existing radio system in the interest of public safety and operational efficiency and to take advantage of favorable contractual incentives offered by Motorola, Inc., an emergency is determined to exist. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, as follows: 1. The Board of Supervisors approves the Intergovernmental Agreement between the City of Roanoke ("City") and the County for creation of a joint regional 800 MHZ trunked radio communications system and authorizes it$ execution. This Agreement shall authorize the City and County to locate equipment at sites owned or controlled by the other party. 2. The Board of Supervisors authorizes the execution of a communications system agreement with Motorola, Inc. for installation of and equipment for the joint expanded 800 MHZ radio system. 3. The Board of Supervisors determines that the financing of the acquisition of the Equipment pursuant to one or more agreements providing for the leasing of the Equipment by the County from one or more lessors (collectively, the "Lease") is in the best interest of the County and the lease financing of the Equipment is authorized. The maximum aggregate amount of the principal components of the Lease shall be $881,949 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financings and to fund any required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of acquiring the Equipment from the 756 December 16,1997 ~I ~~I¡.:I! lr illS ¡J"bt WI ~lIl"l ~ill.ll,h I~. Tln:lllldJ,illn:ull i:lllltn:lJll....r J....Ll UI ....H.....I nnt¡nelflg ~ expected to be issued for the Equipment is $881,949. 5. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 6. The County Administrator, the Director of Finance and such officers, agents and employees of the County as either of them may direct are authorized and directed to prepare and execute any and all instruments, opinions, certificates and other documents necessary to carry out the purposes of this Ordinance, all upon such form as may be approved by the County Attorney. All such actions previously taken is ratified and confirmed. 7. An emergency being in existence, a second reading of this ordinance is dispensed with and this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Eddy to waive the second reading and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - INRE: SECOND READING OF ORDINANCES ~ Second reading of ordinance authorizing the construction financina. and acquisition of necessary easements for the Carson Road Sanitary Sewer Proiect. (Gary Robertson. Utility Director) 0-121697-7 Mr. Robertson advised there were no changes to the ordinance since the first reading and there was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-7 AUTHORIZING CONSTRUCTION AND ~ December 16,1997 757 - FINAN,",,,"''''' FOR nIl!! C;",rd50N ROAD &"'...... ",I=(, SEYltER "'''VJC,", T, AND AUTHORIZING ACQUISITION OF NECESSARY UTILITY EASEMENTS THEREFOR WHEREAS, location plans for the Carson Road Sanitary Sewer Project have been completed and the project will require authorization for construction and financing and for the acquisition of water and sewer line easements across certain properties; and 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 2, 1997; and the second reading was held on December 16,1997. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the construction of the Carson Road Sanitary Sewer Project be, and hereby is, approved. 2. That funds are hereby appropriated in the amount of $250,000 as follows: General Fund Unappropriated Balance $150,000 Plantation Grove Subd. (Savings from not installing sewer pump station) $ 66,180 50% sewer off-site facility fee credit (from 45 lots - Plantation Grove Subd.) $ 33.820 Total $250,000 3. That the acquisition and acceptance of the necessary water and sewer line easements for the Carson Road Sanitary Sewer Project is hereby authorized across the following properties, referenced by tax map number, from' the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER 50.01-1-5.4 Roanoke County Board of Supervisors 50.01-1-5 F&W Properties II, Inc. 50.01-1-5.1 F&W Properties II, Inc. 40.18-1-38 Russel J. Foutz & Julia K. Hudgins 40.17-2-10 Harvest Ministries Church of God 40.17-2-9 James K -Rader & Martha S. Rader 40.17-2-7 John A. Parks & Lena Ruth Parks 40.17-2-7.1 Kaethe W. Tidman & Christopher L. Tidman 40.17 -2-6 Paul R. Parks 40.13-1-14 DVW Incorporated 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 3. That the consideration for each easement shall be paid from the 758 December 16,1997 8Unt:'J1 Rt1J:'csi. dlltd Rt:f1=f1d[Wlllwllt fbllld, Alld r 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. 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 2. Second reading of ordinance authorizing the construction of and financing for a local public works improvement proiect - Richland Hills Drive Water Proiect. (Gary Robertson. Utility Director) 0-121697-8 Mr. Robertson advised that there were two additional participants in the water project since the first reading. There was no discussion. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-8 AUTHORIZING THE CREATION OF, CONSTRUCTION OF, AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, RICHLAND HILLS DRIVE WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Richland Hills Drive community; and ~ December 16, 1997 759 - VVHt:Kt:A::S, the extenSion or the PUDIIC water system ana the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of the Ordinance was held on December 2, 1997, and the second reading was held December 16,1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of Richland Hills Drive. The total construction cost of this public water project is estimated to be $88,550.00, to be initially financed as follows: Public Works Participation Fund Citizen Participation (10 X $3,155) North Transmission Line Project Total $31,550 $31,550 $25,450 $88,550 That There is hereby reappropriated and transferred from the North Transmission Line Project for this project the sum of $25,450. That there is hereby appropriated for this project the sum of $31 ,550 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as.a loan from the Water Fund. . 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Proposed Richland Hills Drive Water Project Area" prepared by the Roanoke County Utility Department and dated November 18, 1997. The Richland Hills Drive Water Project Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area (a) by paying the sum of $4,500 until March 16, 1998; (b) thereafter, the cost to participate in the benefits of this service area shall be the prorata share of the construction costs ($3,155) plus the full off-site facility fee in effect at the time of application for utility service, said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before March 16, 1998, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: 760 December 16, 1997 (8) r ð)lllðl,{o($~,1ú2 pðl tJlut-'~lly O'VYllel/le~laðllllC~1 WIIII~",lIVII for construction costs and $1,345 for off-site facility fees for a total of $4,507 (use $4,500), less a minimum down payment of $1,500 to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. © Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. Thai the payment by citizens in the project service area, in excess of those anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. After the advance has been repaid, the construction cost shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its = adoption. 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 3. Second reading of ordinance amending the Roanoke County Code by the addition of Section 15-5.1 of a Public Tree Ordinance. which provides for the regulation of planting. maintenance. and removal of trees on Dublic propertv. {Janet Scheid. Assistant Director of Planning and Zoning) December 16,1997 761 - - 0-121697-9 Ms. Scheid advised that since the first reading, the ordinance has been changed to remove Parks and Recreation as the authority to regulate the ordinance and replaced it with a committee appointed by the County Administrator. Water and sewer easements have also been excluded from the ordinance. It is not anticipated that there would be any direct costs associated with adoption of the ordinance. In response to questions from Supervisor Eddy, Mr. Hodge advised that the committee will include staff from Parks and Recreation, Planning and Zoning, Virginia Tech Extension and others. The committee will set up the guidelines and establish any restrictions. Mr. Mahoney explained that violations of this ordinance will be a Class IV misdemeanor with a fine of not more than $250. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-9 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION, SECTION 15.5-1. PUBLIC TREE ORDINANCE WHICH PROVIDES FOR THE REGULATION OF PLANTING AND REMOVAL OF TREES ON PUBLIC PROPERTY WHEREAS, Valley Beautiful, the Urban Forest Council, and the Virginia Department of Forestry have requested that the County adopt a public tree ordinance to protect trees on public property; and 762 December 16,1997 ~yll[I1[AOI t~13 ðfdlru!Flœ n1ll8110"fY lllð!ð Oq~ðIIlLðlIÖII~ ~Ivêìtvl IIv^IUIIILY in obtaining grant funds for greenway programs and other Valley beautification efforts; and WHEREAS, the first reading of this ordinance was held on December 2, 1997; and the second reading was held on December 16, 1997. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Code be amended by the addition of a new section, Section 15-5.1, entitled "Public Tree Ordinance" to read and provide as follows: Section 15-5.1. PUBLIC TREE ORDINANCE (a) PURPOSE It is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting and removal of trees on public property. Further, it is the purpose of this ordinance to enhance the quality of life in Roanoke County by protecting trees and by minimizing the loss of tree coverage on public properties. (b) DEFINITIONS The following terms, when used in this ordinance, shall have the meanings ascribed to them in this section, unless context clearly indicates a different meaning: Diameter-at-breast-height shall be the tree trunk diameter measured in inches at a height of 4.5 feet above the ground. r'IIII~'Jli'!_I_If.il.ì&llllrllrl Dripline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Public property shall include all lands owned by the County of Roanoke, including but not limited to public parks and property of other County buildings and facilities, and includes all greenway easements donated to or owned by the County. The term public property shall e)(clud.e public:strf3E!t~ ;'fl~~I~~._~;¡¡id storm water easements mlll1!8ft¡;iiJîl Public utility company shall mean any corporation, company, individual, association or cooperative that is a "public utility" as defined in section 56- 232 of the Code of Virginia, 1950, as amended. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. - Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head ~ December 16,1997 763 - with many branchesH1EQjjlm~º._PJjm_4~1i¡K~~$ñ!ilEmt i;sl"td a potel"ttial diameter-at-breast-height of two. inches or more. © APPLICABILITY This ordinance provides full power and authority over all trees located on public property. (d) AUTHORIZATION REQUIRED 1 ~"Wàllj¥¡¡¡f.~W¡¿r'¡{~''7:~tNo erson shaH "", lant remove () !yi§!l.!!!Œ!'1.bm.'N9.1!!.!;j¡ffi.RtsUJL P m p, , destroy, harm or otherwise disturb any tree on public property without first receiving written approval from the tree committee. In the case of emergencies, such as windstorms, ice storms, or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the County. (e) ABUSE OR MUTILATION OF PUBLIC TREES OR SHRUBS ..,.,Unless specifically authorized by the tree committee, ~tl\ª1!;i!I¡Ÿ.n!_í¡f:1 ~gym¡;.':t¡æno person shall intentionally damage, cut, carve, transplant, or remove any tree on public property; attach any nails, advertising posters, or other contrivance to any tree on public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree on public property. (f) PROTECTION OF TREES Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) The tree committee shall establish regulations ~º!ª~î!!1~~ fQ't al'pl)' to trees that are to remain on public property and that are îlflãìltl¡:îli:;QJþ'i§ill!{&!y, outside of to the immediate construction activity area. No person, including public utility companies and County departments, shall excavate any ditches, tunnels, trenches or lay any driveway or street within a radius of ten (10) feet from any tree on public property without first obtaining written approval from the tree committee. This provision does not apply to the maintenance and repair of existing public utility and County water and sewer utility facilities. (3) All trees on public property shall be pruned or trimmed only in accordance with the standards established by the National Arborist Association, entitled "Pruning Standards for Shade Trees', as revised in 1988. This includes all public utility companies and County departments or their subcontractors involved in maintenance on County property or easements. (2) (2) 764 December 16,1997 - (4) It snail De unlawful for any person, nrm, or Cuunly dapclllr",,"l to top any tree on public property. Trees severely damaged by wind, ice or snow storms or other disasters may be exempted from this section at the determination of the tree committee. (g) ENFORCEMENT The tree committee shall have the general powers and duties to: (1) Direct, manage, supervise and control the planting, removal, and protection of all trees on public property. (2) Protect all trees on public property so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life or safety of persons or property. (3) Require the preparation of a tree protection plan for County construction projects, when deemed appropriate and necessary . (4) Administer the provisions of this article. 2. That this ordinance shall be effective January 1, 1998. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - INRE: APPOINTMENTS 1. Roanoke Vallev Resource Authority Supervisor Nickens nominated Douglas Anderson to serve a four -year term which will expire December 31, 2001. z.. Southwest DeveloDment Financing Inc. Mr. Hodge was directed to recommend an employee from the Economic Development Department. 3. Appointment of Board members ~ December 16,1997 765 - Supervisor Eddy advised that he sent a memorandum regarding the appointments that he held as a supervisor. Supervisor Harrison agreed to serve on the Fifth Planning District Commission Rural Transportation Committee IN RE: CONSENT AGENDA R-121697-10: R-121697-10.c: R-121697-10.d. R-121697-10.e Supervisor Minnix move to adopt the Consent Resolution after discussion of Items 2, 3, and 5. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None Supervisor Eddy asked Director of Finance Diane Hyatt to check the math in the report in Item 2. Supervisor Eddy suggested adding Merriman Road to the heading in the resolution for Item 5. RESOLUTION 121697-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J . CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for December 16,1997 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 5, inclusive, as follows: 766 December 16,1997 1. \,;OnflrmatlOn of Committee appointments to the Blue ~Idge Community Services Board of Directors. - 2. Request from Schools for appropriation of $4,650.77 of Dual Enrollment Funds for college level courses. 3. Request to amend an administrative agreement between Roanoke County and the Virginia Department of Transportation for construction of Hanging Rock Battlefield Trail Enhancement Phase I!. 4. Request for acceptance of Bonsall Lane and a portion of Valley Stream Drive into the Virginia Department of Transportation Secondary System. 5. Resolution requesting that the Virginia Department of Transportation add new portions of Colonial Avenue (Route 687) to the Secondary System and abandon portions of the old road which no longer serve the public. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 121697-10.c AUTHORIZING AMENDMENT TO AN AGREEMENT BETWEEN ROANOKE COUNTY AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE ADMINISTRATION OF AN ISTEA ENHANCEMENT PROJECT FOR THE CONSTRUCTION OF THE HANGING ROCK BATTLEFIELD TRAIL WHEREAS, the Hanging Rock Battlefield and Railway Preservation Foundation obtained approval in 1995 of a competitive Intermodal Surface Transportation Efficiency Act (ISTEA) grant request in the amount of $549,300 from the Virginia Department of Transportation (VDOT) for its Hanging Rock Battlefield and Railway Preservation Project (Phase I); and, ~ December 16,1997 767 - - WHEREAS, the Hanging Rock Battlefield and Railway Preservation Foundation has obtained approval of a 1997 ISTEA grant in the amount of $200,000 from VDOT for the Hanging Rock Battlefield Trail (Phase II); and, WHEREAS, VDOT requires that a local goveming body administer the grant; and WHEREAS, Resolution 92695-7 authorized the County Administer to execute an agreement with VDOT to administer the Phase I ISTEA grant; and NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke County, Virginia, that: 1) The County Administrator is hereby authorized to execute an amended agreement on behalf of the County of Roanoke with the Commonwealth of Virginia, Department of Transportation, on a form approved by the County Attorney, to administer an Intermodal Surface Transportation Efficiency Act (ISTEA) grant in the amount of $200,000 for the development of the Hanging Rock Battlefield and Railway Preservation Project. 2) That this project administration includes the assignment of a project coordinator, project record keeping, fiscal management and overview of preliminary engineering, right-of-way/property acquisition and construction in order to complete this project within two years. 3) The agreement provides that the County will expend these ISTEA grant funds in compliance with all federal and VDOT requirements or the County may be liable for all non-reimbursed expenditures or for all expenditures in excess of the approved grant. 4) That the Director of Economic Development is hereby appointed as project coordinator for the administration of this grant project and these agreements. 5) That the Clerk to the Board of Supervisors is directed to forward an attested copy of this Resolution to the Clerk of the City of Salem and to the Hanging Rock Battlefield and Railway Preservation Foundation. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 121697-10.d REQUESTING ACCEPTANCE OF BONSALL LANE AND A PORTION OF VALLEY STREAM DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 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 768 December 16,1997 ,- VVH~~EAS, the Resident Englllee, fù, UII:! vill:lilué:I D"I-'é:lll'II~lIl vi 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 Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required SUDervisors Eddy. Harrison. Minnix. Nickens Johnson None ~ RESOLUTION 121697-10.e REQUESTING ADDITIONS AND ABANDONMENTS OF PORTIONS OF ROUTE 687, COLONIAL AVENUE, AND ROUTE 613, MERRIMAN ROAD, BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, Route 221, from 0.139 miles south of Route 419 to 1.860 miles south of Route 419, a distance of 1.721 miles, has been altered and a new portion of road has been constructed, Project 0221-080-107, C-501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, depicting the additions and abandonments required in the secondary systems of state highways as a result of this project, and WHEREAS, the new road serves the same citizens as those portions of the old road identified by the sketch to be abandoned and those segments no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors of Roanoke County, Virginia, requests the Virginia Department of Transportation to add Sections #7, 8 and 11, shown stippled on the attached project sketch, to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia, and, BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Sections 9 and 10, shown outlined on the attached ~ December 16,1997 769 - project sketch, as part of the secondary system of state highways, pursuant to §33.1-155, Code of Virginia: BE IT FURTHER RESOLVED, that the Board of supervisors of Roanoke County reserves and retains all of Sections 9 and 10 (except that portion reserved as a Sanitary Sewer Easement) as Public Utility Easement and further reserves a Sanitary Sewer Easement described as follows: Beginning on the westerly right-of-way of Virginia Route 613 (Merriman Road) at the northeast comer of property owned by the Lions Club of Cave Spring District, Inc.; thence with a curve having a chord bearing of S 89°27'31'W, a radius of 1457.39', and an arc of 164.91'; thence S 89"42'26'W, 22.26' to the northeast corner of property owned by Edward L. Lester; thence with the Lester line S 89"42'26'W, 80.18' passing a set pin at 20.00' in the centerline of the existing sanitary sewer easement, thence leaving the Lester line, and on the same bearing as the existing sewer easement, N 80043'42"W to a point in the right-of-way of U.S. Route 221 (Brambleton Avenue); thence still in the right-of-way of Route 221 in a northeasterly direction for a distance of 20.00'; thence S 80°43'42" East to a point in the right-of-way of State Route 687 (Colonial Avenue), said point being approximately 10.00' northwest of the northeasterly corner of the property of Lester; thence continuing in the right-of-way of Route 687 N 88°41 '50"E, 191.39' to a point on the westerly right-of-way of Route 613 (Merriman Road); thence along said right-of-way S4°49'00"W, 1.52' to the place of beginning. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, orders 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: SUDervisor Minnix None ReQuired Supervisors Eddv. Harrison. Minnix. Nickens. Johnson ~ None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 770 December 16,1997 Supervisor Nickens: (1) He requested recognition at a future Board meeting of the William Byrd Girls Basketball Team for winning the state championship; (2) He asked for a report from Mr. Hodge on year 2000 computer upgrade and support and service levels from MIS. Mr. Hodge advised that the year 2000 upgrade was going well. The challenge was the installation of new computers and dealing with old software. Supervisor Nickens suggested looking for creative ways to solve the problems and Mr. Hodge agreed and advised that there may be current employees who could be trained to assist MIS. He also advised that there were currently two vacancies in the department. SUDervisor Eddv: (1) He reported that he had received responses from most department heads on his memorandum amending the policy manual but still needed responses from several others. (2) He advised that if the citizens in his district had concerns or complaints, that he would continue to help them until his term was over on December 31. Supervisor Minnix: (1) He advised that in some localities, veterinarians who give rabies inoculations, are authorized to issue dog tags and wondered if Roanoke County could set up such a program. (2) He wished everyone a Merry Christmas, especially the citizens of his district. Supervisor Harrison: (1) He announced that he agreed with Supervisor Nickens on problems with MIS. He received a memorandum on February 7,1997 with a list of MIS projects and would like an update on these projects. (2) He requested that the Glenvar Girls Basketball Team also be recognized for winning their division state - ~ December 16,1997 771 - - championship. (3) He congratulated Pete Haislip and his staff for planting trees at Green Hill Park in very cold weather. (4) He announced that Medeco had a scare with potential groundwater contamination and congratulated them for acting so quickly. (5) He thanked Supervisor Eddy for his work on the Board of Supervisors and advised it was an honor serving with him. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1.. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continaency Fund 4. Accounts Paid· November 1997 5. Staternent of Revenues and Expenditures for period ended November 30. 1997 6. Acknowledgment from VDOT of changes to the Secondary system in November 1997 IN RE: EXECUTIVE SESSION At 4:50 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A.(7) briefing 772 December 16,1997 - cy legal counsel concerning p' Ubäblt:: Ii ti\: elliulI , BI"OL, lielbilily uf AMT, 2. 1-34'4 A (I) - consultation with legal counsel concerning probable litigation: (a) Sachs drainage easement claim; (b) Bannum Inc.; (c) Gallagher condemnation; 2.1-344 A (5) discussion conceming a prospective business or industry where no previous announcement has been made of the business interest in locating in Roanoke County; 2.1-344 A (7) to discuss condemnation of property for public utility purposes, water transmission line, namely Merriman Sear; 2.1-344 A (7) to discuss litigation involving cleanup of Dixie Caverns Landfill, Roanoke County vs. G.E.; 2.1-344 A (1) to discuss a personnel issue. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: WORK SESSION L Update on the Comprehensive Plan The update was presented by Planning Director Terry Harrington, Assistant Planning Director Janet Scheid and Planning Commission members Don Witt and AI Thomason. They updated the Board members on development of the Comprehensive Plan. Discussed were issues relating to viewshed and ridgeline protection and the use of tax credits or incentives. Mr. Witt felt that the Board and Mr. Hodge should set the deadline for completion of the Comprehensive Plan. The Planning Commission will review ~ December 16,1997 773 - the schedule and bring back to the Board a recommended deadline for the completion of the Comprehensive Plan. IN RE: EVENING SESSION Members ofTroop 236, Windsor Hills United Methodist Church were present at the meeting and introduced. INRE: CERTIFICATION OF EXECUTIVE SESSION R-121697-11 Supervisor Johnson announced that the Executive Session was held from 5:25 p.m. until 7:00 p.m. and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-11 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: 774 December 16,1997 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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of aDpreciation and recognition of Fire and Rescue volunteer with 25 years of service. R-121697-12 Chairman Johnson presented a plaque and the resolution to Mr. Boone. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-12 OF APPRECIATION TO CECIL BOONE FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and ~ December 16,1997 775 - = WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years; and WHEREAS, Cecil Boone has served as a volunteer at the Clearbrook Fire Department and is eligible for membership in the Quarter Century Club. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of the County, does hereby express its deepest appreciation to CECIL BOONE for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department, and FURTHER, BE IT RESOLVED, that he is hereby certified as a member of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Minnix to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS ~ Public Hearing and adoption of the Secondaiy Road Svstem Six- Year Construction Plan for fiscal vear 1998-2004 and the allocation of funds for fiscal vear 1998-1999. (Arnold Covey. Enaineering & Inspections Director) R-121697-13 Mr. Covey reported that the Secondary Road System Six-year Construction Plan was presented to the Board of Supervisors at a work ses!i;ion on November 18, 1997. Staff explained the evaluation process, reviewed the estimated funding for the next five years and how this year's allocation of $3.3 million would be distributed among three funding categories. He advised that these funds are for routes numbered 600 or higher 776 December 16,1997 ~ - and the County receives its allocation from a formula based on 80% of its population. He reported that the top nine priorities will receive funding this year. Supervisor Eddy presented a statement recommending changes be made to the priority policies established by the staff. Supervisor Johnson disagreed with the statement and felt that the Board should support the priority list set by the staff. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-13 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1998-2004 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 1998-1999. WHEREAS, a public hearing was held on December 16, 1997 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1998-2004; and the adoption of the Funding for Fiscal Year 1998-1999; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1998-2004 and allocations for Fiscal Year 1998~ 1999 as set out on the attached Secondary System Construction Program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Second Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1998-2004 by the Clerk to the Board. 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 ~ December 16, 1997 777 - - 2.. Consideration of Proiects for the 1998-99 VDOT Revenue Sharing Program. (Arnold Covev. EnQineering & InsDections Director) A-121697-14 Mr. Covey advised that the Virginia Department of Transportation provides localities the opportunity to receive state matching funds for the construction, maintenance and improvement to primary and secondary roads in the state's highway system. Localities are limited to $500,000 each, but if more or fewer than 20 counties participate, the share of money will be reduced or increased proportionately. The proposed priority project list for fiscal year 1998/99 revenue sharing was presented at a work session on November 18, 1997 with 91 projects. No changes were made. Staff recommends that the Board approve the project list and authorize the Chairman to sign the letter of intent and defer the appropriation of $500,000 until July 1, 1998. Supervisor Minnix moved to approve the revenue sharing program. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 778 December 16,1997 1... Second readinQ of ordinance amending and reenacting Section .~ = 22-82. "Rates and Fees" and Section 22-86. "Unpaid Bills" of ChaDter 22. "Water" of the Roanoke County Code to change utility billing procedures related to deposits and delinauent collections. /Diane Hvatt. Finance Director) 0-121697-15 Ms. Hyatt advised that the Board requested that staff review several areas of the current Utility Billing policy such as delinquent collections, refund of deposits after good payment history and changes in the bill format. The staff is researching several possibilities for purchasing a new software program for Utility Billing. At this time, the staff is addressing the delinquent collections and refund of additional deposits after good payment history. The new bill format will be incorporated with a new system. Ms. Hyatt advised that the revisions included a change in the method of reconnection to the system after being disconnected for payment delinquency, and a new policy to refund additional security deposits imposed under the old method after the customer demonstrates one year of good payment history. Mr. Hyatt reported that at the first reading of the ordinance, the Board requested that the ordinance be changed to allow a limitation on the time that the escalating fees will apply. This change has been made to the ordinance. The changes have also been reviewed by bond counsel and they have no problems with the ordinance. December 16, 1997 779 Supervisor Eddy agreed with the changes from the first reading and moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None ORDINANCE 121697-15 AMENDING AND REENACTING SECTION 22-82, "RATES AND FEES", AND SECTION 22-86, "UNPAID BILLS", OF CHAPTER 22 "WATER", ARTICLE II. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FORAN ESCALATING RECONNECT/ON FEE, TO ESTABLISH A COUNTY RECONNECTION FEE ACCOUNT TO OFF-SET UNCOLLECTIBLE UTILITY SERVICE ACCOUNTS, TO ELIMINATE ADDITIONAL SECURITY DEPOSITS AND PROVIDE FOR REFUND OF CURRENT DEPOSITS OTHER THAN THE INITIAL SECURITY DEPOSIT, AND TO PROVIDE FOR THE LATE PAYMENT PENALTY TO BE ADDED. TO ANY PAST DUE BALANCE IMMEDIATELY FOLLOWING THE DUE DATE IN ACCORDANCE WITH THE UTILITY BILLING SYSTEM. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that, in order to better serve utility customers in the County, certain changes in the utility billing fees, charges, deposits, and procedures for water and sewer service in the County of Roanoke are necessary and in the best interests of the public health, safety, and welfare; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has specifically determined that it is appropriate to charge an escalating reconnection fee to seriously delinquent utility service customers in the event of disconnection or discontinuance of service due to non-payment and to establish a County account for such reconnection fees to be held for off-set of uncollectible utility service accounts at the end of each fiscal year; other than the initial security deposit, to repeal the provisions for additional security deposits and to provide for refund of the existing additional deposits to customers after one full year of good payment history; and to provide for the late payment penalty to be added to any past due balance immediately following the due date in accordance with the utility billing system; and, WHEREAS, the provisions of this ordinance are adopted pursuant to the authority found in Chapter 21, Title 15.2 of the Code of Virginia (1950, as amended). WHEREAS, legal notice of these amendments has been published in a newspaper of general circulation within Roanoke County on December 2, 1997, and December 9, 1997; and, 780 December 16, 1997 - - WHEREAS, the first reading of this ordinance was held on December 2, 1997, and the second reading and public hearing on this ordinance was held on December 16, 1997. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Division 2. County Water System of Article II. Water Systems, Chapter 22 WATER, of the Roanoke County Code is hereby amended and reenacted as follows: **** §22-82. Rates and fees. - (b) Connection fees. *- (7) Miscellaneous charges. In addition to sale of water, the following charges and fees shall be imposed upon all customers for water, water and sewer, and sewer only utility services as applicable: a. Re-check reading of meter . . . . . . . . . . . . . . . . . . . . (No charge if original reading was in error) $10.00 b. Investigationlverification of leakage in customer's line .. . . . . . . . . . . . . . . . . . . . . . . . . . . . $20.00 c. Meter accuracy test ......................... (No charge if meter fails accuracy test) $25.00 d. Disconnection fee, per trip, for non-payment . . . . . . $20.00 e. Reconnection fee ~~¡ªt¡.iîlï, per trip, for non-payment! $20.00 II~rl.'illli'IJlilllill~~i¡~II~¡ili'I;llìll¡iI¡lil 1~lllllllIliliIJllrlfIl11[î¡î¡¡[J¡¡î¡tft,t¡¡íj::I~~º4!1 !9.¡mi~m¡1îI~¡îljg:mJ¡¡ìY1$~It~,!.tI!;¡~;_Iª,mñtª_¡i¡~ .~Wllj_'i1ilitIIl17l11Ii"tI'lIll ~ December 16,1997 781 - Ililii~.IjIlt.ª_lfglf~*_1rí~gãWi.li.JI~IIÍ:rlR_¡~[IJflfl r.n_œjlñª:¡~§r.§t!I§ºªf...tlB"~!~~.IQî f. Reset meter if pulled due to non-payment . . . . . . . . $25.00 g. Special request to discontinue or turn on service for other than non-payment. . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 © Security deposits. (1) Initial security deposits shall be imposed, when request for service is made, upon all utility service customers as follows: a. Residential. 1. Water... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Water and sewer . . . . . . . . . . . . . . . . . . . . . . . . . 3. Sewer only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 $25.00 $50.00 b. Commercial. 1. Water.................................. 2. Water and sewer . . . . . . . . . . . . . . . . . . . . . . . . . 3. Sewer only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 $100.00 $ 50.00 (2) If any utility cu:stomer at any time fail:s or nas failed to ¡<eel' ni:s account Gurrent, re3ultifl§ in eJì3GðRRectieFl or ëJi3C6F1tiRuanC8 of 38f1i'ic81 that eu3tomer :sl'lall pay an additional deposit as security for future bill payments. This deposit sl'lall be required in addition to full payment of the out:standing utility serviœ bill, ineluding late payment penalties and any applicable ef¡arges impo:sed pUr3I:Ja19t to seetiol9 22 82(7), and shall be paid prior to reeennection of :service at tMe :same location or initiation ef service at any other locatioFl in the CouRt) of r108nðl~. a. Rcsidential. TMe :seeurit) deposit for a re:sieJential customer of water, n"ater and get"iCr, and 3c\".(.r only 3CfVieC3, 31=1811 be in an amount 782 December 16,1997 - equal to the Ctlstomcr'3 last tnrec (3) montnly billings, rounded to tne nearest one dollar ($1.00). - b. Commercial. Tne security deposit reas for a commercial aU3tomer of ·..·ater, water and 3e....er, and 3ewer only services, snail be imposed according to tne following 3cnedule: COI'Il'leetioFl (1l'Ione3) .......................... . Deposit · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 ................... ................. 75.00 ................ .................... 75.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 100.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 150.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 200.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 300.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 400.00 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 500.00 ~~;ø.ªº¡~,ºø~I';_îiliY:í1IEiti~Mg~:~gI~¡gIi1j¡i''.I.jã¡;l!itº¡nØfi ~ - r::=- =.=:'.L~~ ªf¡9!§¡9R~~! Se',"'er only 5:8 3/4 1 1 % 2 3 4 C ~, December 16, 1997 783 - - t4](3) (3) If any utiliti customer fails or has failed to keep his acoount current, resulting in a subsequent di3eeJnnection or diseðntiFll:lance of service at any time, that GU3tofflcf 31'1811 pa:y additional 3eGurit) dðp03its 8;5 required in 3ub3e.ctioFl (c)(2) a"o..e, as follows: a. Residential. 11'1 the e.'ent tl9at non payment results in a seeond disconnection or discol9tinuance of service, a FesieJential utility customer shall pay an additional seeurity deposit in an amount equal to the eustomer's last three (3) monthly billings, reunded to the nearest one dollar ($1.00). Tlïereafter, 1'10 further deposits shall be required, except to the extent necessary to maintain or restof£ the deposit balance as 19e:reinafter provided in subsection (0)(4). b. Commercial. 11'1 the e'i'ent that 1901'1 payment f£3ults in a second or subsequent disconnection of ser.ice, a commercial utility customer shall pay additional security deposits as pre'i'ided f-er and in the amount specified in subsection (c)(2)b. Upon payment of a total of six (6) deposits, in addition to the initial security deposit, no further deposits snail be required, except to the extent necessary to maintain or f£store the deposit balance as hereinafter pre.ieJed in subscetiol9 (c)(4). (5) ~~i;~a~~~ai~7~~:~, ~¡¡¡~¡__~~.¡¡i1ii_¡~¡¡¡ijt~ ¡ìi;\fI until final discontinuance of service to the customer in the County of Roanoke. If, at any time, the director of finance deems it necessaryî!E '!!!!!!!~!!=f!'~'~llIIllli'l'~t~:;:~~sP:c~~~~ deposit fees, tlge customer must restor-e such deposit fees, in addition to any other charges, fees, or deposits ,.,.hich may be requirEd pursuant to these pro'.'isions, prior to reeennection of service or initiation of sCf'liioc at a new address. In the event that a customer discontinues service in one location within the county and initiates service at a new location within the county, the security deposit shall be transferred to ancj m~irltainedJntheutility iiiï.iiiiitllr¡'A...ifl ¡~ª0Y;1¡1{1!¡i@'¡rª~Yººªª~º[{(~1:mìlíW¡g.i!f¡ The deposits required by subsections ((;)(1), (c)(2), and (c)(3) shall be cumulative and ',vill be credited to tlïe customer's final billing in the County 784 December 16,1997 at Reanol«'J, without interest, ..ithifl si)..1y (60) days at fiflal disoofltifluanee at !er\ict:; t"e balaRce, if any, 'will be F6funded to the utility c.U3tomef. - Sec. 22-86. Unpaid bills. (a) Any utility services bill which has not been paid by the due date of the bill, resulting in a past due balance, shall be subject to a late payment penalty of ten (10) percent of the amount of the bill. The late payment penalty shall be added to the past due balance on the first busifl8ss da) at the ffi6f1t"œ~~~~!y following the date that said bill was due. (b) The county shall be authorized to disconnect utility services if the utility customer fails to make full payment of all past due balances and the aforesaid penalties on or before the fifteenth day of the month following the due date; provided, however, that disconnection of services for nonpayment shall be made only after the county has obtained an actual reading of the utility service meter and made any necessary adjustments for actual usage during the previous quarterly cycle. Payment of all past due balances, the late payment penalties, the disconnection fee, the ~Î~ reconnection fee, the deposit (if applieable, and any other charges or fees shall be made prior to service being restored to the premises or initiated at any other location in the County of Roanoke. 2. That the provisions of this Ordinance shall become effective on and from March 1, 1998. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1. DENIAL Ç>F Ordinance to obtain a Special Use Permit to operate a home occupation in an accessory structure. located at 6934 Brookview Road. Hollins Magisterial District. upon the petition of Vince's Small Enaine Repair. (Terry Harrington. Plannina and Zoning Director) ~- December 16, 1997 785 - - 0-121697-16 Mr. Harrington explained that this is a Special Use Permit to locate an existing home occupation in an accessory building located at the petitioner's residence in an R-1 zoning district. The petitioner has a business license for a home occupation to operate a small engine repair business. The garage is 10 feet from the rear property line, which would bring the business closer only to the property at 6910 LaMarre Drive. On June 30, 1997, a complaint was made regarding this business, stating that it had heavy walk-in traffic, was visible from the road and received work from Hollins Hardware. Investigation showed some lawn mowers were slightly visible from the street. Mr. Harrington advised that the Planning Commission recommended approval with two conditions: (1) Hours of operation are limited to 8:30 a.m. to 5 p.m., Monday through Saturday; and (2) the permit shall be for a one-year period. Staff shall administratively review on a yearly basis to determine compliance with the zoning and Special Use Permit standards. If violations occur the applicant shall reapply for the Special Use Permit. Vincent Cottone, the petitioner, spoke and explained that this request was to allow him more room to do the work. The doors will be closed most of the time and his business will not increase. There would be no signs and no advertisement in the telephone book. He explained that he does repair work for Hollins Hardware and there would be no sales from the location. In response to questions, Mr. Cottone advised that he repairs three to five lawnmowers and three to five chains saws in a week. 786 December 16,1997 = Robert Dye, 7044 Brookview Road, Roanoke, owner of Hollins Hardware, spoke in support of the request. The following people spoke in opposition to the request citing concems about storage of gasoline and oil, noise pollution, property devaluation, that the type of business was not suitable for a residential neighborhood, and increased traffic: 1. Peter Airey, 846 Austin Avenue, Roanoke 2. Alberta Mayes, 7035 Brookview Road (presented a petition opposed to the request). 3. Ken Robinette, 7003 Brookview Road, Roanoke 4. Brooke Stephens, 7015 Brookview Road, Roanoke 5. William Kohler, 7027 Brookview Road, Roanoke In response to questions from the Board members, Mr. Harrington advised that the reason Mr. Cottone is requesting a Special Use Permit is because of citizen complaints that Mr. Cottone was building a garage for his business. Supervisor Nickens asked if the neighbors were aware of the Special Use Permit application. Mr. Harrington responded that the surrounding neighbors were sent a letter but they were not informed of the home occupation license. Several Board members expressed reservations about that type of business in a residential neighborhood. Supervisor Johnson asked if they could deny the petition but give him a grace period to cease operation. Mr. Mahoney responded that they were no provisions for that action in the zoning ordinance. -, December 16,1997 787 - Supervisor Johnson moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None It was the consensus of the Board for the Planning Commission and staff to review home occupation licenses and notification processes. DENIAL OF ORDINANCE 121697-16 CRANTlNC A SPECIAL USE PERMIT TO VINCE'S SMALL ENGINE REPAIR TO OPERATE A HOME OCCUPATION IN AN ACCESSORY STRUCTURE AT 6934 BROOKVIEW ROAD (TAX MAP NO. 27.16-4-24), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Vince's Small Engine Repair has filed a petition to operate a home occupation in an accessory structure located at 6934 Brookview Road (Tax Map No. 27.16-4-24) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 1997; the second reading and public hearing on this matter was held on December 16, 1997. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Johnson to ~ the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance to rezone 14.22 acres from AG-1 to R-1 to construct sinale familv homes. located in the 1500 block of Skyview Road. Catawba Magisterial District. upon the petition of Opie Tiller. (Terry Harrington. Planning and Zoning Director) 788 December 16,1997 - = 0-121697-17 Mr. Harrington reported that the petitioners are proposing a 31 lot single family subdivision served by public water and sanitary sewer. They purchased the property in 1985 with intentions of eventually developing a residential subdivision. At the time the property was zoned R-1. Some adjacent property to the east was zoned R-2. In 1992, the zoning district was changed to AG-1 in order to conform to the 1985 Comprehensive Plan. The Planning Commission recommended approval with three conditions. Supervisor Harrison announced that approval of this petition would directly affect water and sewer to his house and that he would abstain. Supervisor Eddy announced that he was concerned about the steep slopes and the possibility of further improvements to Interstate 81. He also felt that A-R zoning would be more appropriate since it was surrounded by AG-1 and would not support the request. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor Eddy ABSTAIN: Supervisor Harrison ORDINANCE 121697-17 TO CHANGE THE ZONING CLASSIFICATION OF A 14.22-ACRE TRACT OF REAL ESTATE LOCATED IN THE 1500 BLOCK OF SKYVIEW ROAD (TAX MAP NOS. 45.03-2-9; 45.03-2-10; 45.03-2-11; 45.03-2-12; 45.03-2-13; 45.03-2-13.1) IN THE CATAWBA ~ December 16,1997 789 - MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-1 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF OPIE TILLER WHEREAS, the first reading of this ordinance was held on November 18, 1997, and the second reading and public hearing were held December 16, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 2, 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 14.22 acres, as described herein, and located in the 1500 block of Skyview Road (Tax Map Numbers 45.03-2-9; 45.03-2-10; 45.03-2-11; 45.03-2-12; 45.03-2-13; 45.03-2-13.1) in the Catawba Magisterial District, is hereby changed from the zoning classification of AG-1, Agriculture/Rural Low Density District, to the zoning classificatlon of R-1, Low Density Residential District. 2. That this action is taken upon the application of Opie Tiller. 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) The development will be limited to 34 lots, to be served by public water and sanitary sewer. (2) Disruption to existing slopes and vegetation will be minimized by following, to the extent possible, the practices outlined in Tree City USA, Bulletin No.7, National Arbor Day Foundation, James R. Fazio, Editor. (3) No more than seven driveways will connect to Skyview Road. 4. That said real estate is more fully described as follows: Tract I That certain tract or parcel of land containing 3.83 acres, more or less, being a part of Lots 11, 12, and 13, in the subdivision of C.!. Preston Farm; and Being the same property conveyed to Lurline W. Baber by J.P. Saul, Jr., Special Commissioner, February 10, 1948, of record in the Clerk's Office of the Circuit Court of Roanoke County, VA, in Deed Book 381 at page 470, and conveyed to John H. and Edith B. Windel by Lurline W. Baber by deed dated July 31, 1962, recorded in DB 695 at page 565 in said Clerk's Office. 790 December 16,1997 - = For a more detailed description, see DB 125 at page 408 in said Clerk's Office. Tract II Consisting of Lot 13 "8" according to the Map of Valley Land and Investment Company, Inc., prepared by C.B. Malcolm, S.C.E., dated February 24,1926, containing 2.58 acres, less .08 acres heretofore conveyed to the Virginia Highway Department and being the remaining portion of said lot heretofore acquired by the grantors by deed from John T. Barbee, et ux, by deed dated June 20, 1958, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 597 at page 410 and also Lot 13 "C" of the aforesaid map of Valley Land and Investment Company, Inc., containing 1.34 acres. Tract III Beginning at an iron on the westerly side of a 40 foot roadway (known as Weaver Road) and the northeasterly corner of Lot 13 "C" of the Valley Land and Investment Company, Inc. map; thence from said beginning point and with the northerly line of said Lot 13 "C" S. 83° 00' W. 600 feet to a stone monument, the northwesterly comer of said Lot 13 "C"; thence continuing S. 83° 00' W. 354.02 feet, more or less, to a point on the Fitzgerald line; thence with the easterly line of the Fitzgerald property, N. 6° 54' W. 500 feet, more or less, to a point to the west of the southerly line of a 40-foot roadway extended (known as Weaver Road); thence with said point and with the southerly line of said 40-foot roadway (Weaver Road), S. 81° E. 415 feet, more or less, to a point at an angle on said roadway; thence continuing with said roadway line, S. 88° E. 380 feet, more or less, to an iron; thence continuing with said roadway, 87° 55' E. 200.6 feet to an iron at a corner in said road; thence following the westerly line of said 40-foot roadway, S. 6° 37' E. 300.7 feet to the Place of Beginning and consisting of a 1.43 acre tract heretofore acquired by the grantors from A. Day Lucas, et ux, by deed dated June 10, 1958 and recorded in the aforesaid Clerk's Office in DB 596 at page 538 and LIKEWISE CONSISTING of 6.72 acres, more or less, and being a portion of the property heretofore acquired by the grantors from Helen M. Preston, et ai, dated March 9, 1953 and recorded in DB 487 at page 492 of the aforesaid Clerk's Office. There is excepted a certain .10 acre tract of land conveyed by Dennis A. Carter and Ann Jacqueline Thomason to The Salvation Army by deed dated January 27, 1977 and recorded in the aforesaid Clerk's Office in DB 1062 at page 712. ~. Decernber16,1997 791 - 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: Supervisor Eddy ABSTAIN: Supervisor Harrison ~ Ordinance to obtain a Special Use Permit to allow a private kennel. located at 4601 Goodman Road. Vinton Magisterial District. upon the petition of Golden Oaks Kennels. (Terry Harrington. Plannina and Zonina Directorl Mr. Harrington reported that the petitioners are requesting the Special Use Permit to operate a private kennel. At the Planning Commission meeting, several residents expressed concems about dogs running loose, a large portable advertising sign, noise, odor, and drainage at the rear of the property. The petitioner also advised that a license to allow eight dogs was sufficient. The Planning Commission recommended approval with four conditions: (1) The number of dogs will be limited to eight; (2) The Permit is restricted to Raymond and Patricia Harris only; (3) A kennel silencer will be installed; (4) No signage advertising animals for sale shall be permitted; and (5) staff shall make an administrative review of the special use permit for compliance after twelve months. 792 December 16,1997 - - In response to questions, Mr. Harrington advised that the surrounding lots are zoned R-1, and that the difference between a private and commercial kennel was that a private kennel was for personal dogs and breeding, while a commercial kennel included grooming, boarding and sale of supplies. Supervisor Nickens responded that the proposed kennel seemed more commercial than private and moved to deny the request. Scott Harris, the petitioner advised that raising dogs was his hobby not his job and that he first thought the property was agricultural. He had no plans for a commercial kennel. He advised that he had sold 15 puppies in the last year. Supervisor Nickens withdrew his motion to deny and moved to table this item until January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 5. Ordinance to rezone 10.35 acres from R·3 to PRD to construct a planned residential communitv. located 200 feet west of the Chukar Drive cul-de-sac located in the Cave Spring Magisterial District upon the petition of Jackson Associates Limited of VA. (Terry Harrington. Plannina and Zonim Director) Chairman Johnson announced that this rezoning was continued until January 27, 1998 at the request of the petitioner. ~ December 16,1997 793 - - IN RE: EXECUTIVE SESSION At 8:45 p.m.,Supervisor Johnson moved to return to Executive session to continue the discussion of items previously listed. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121697-18 At 9:45 p.rn., Supervisor Johnson moved to retum to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None RESOLUTION 121697-18 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 794 December 16,1997 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: ADJOURNMENT At 9:47 p.m., Supervisor Johnson declared the meeting adjourned. Submitted by, ~yt../. ~ Mary H. Allen, CMC Clerk to the Board