HomeMy WebLinkAbout3/26/2002 - Regular
March 26, 2002
163
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 26, 2002
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of March, 2002.
INRE:
CALL TO ORDER
Chairman Church called the meeting to order at 3:05 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph
McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy"
Minnix, Harry C. Nickens
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Brenda J. Holton, Deputy Clerk to the Board;
John M. Chambliss, Assistant County Administrator; Dan R.
O'Donnell, Assistant County Administrator
OPENING CEREMONIES
IN RE:
The invocation was given by the Reverend Everett Kier, Salem Baptist
Church. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Church added two items: (1) briefing on the results of the fire
operations on Starlight Lane and (2) moved Item E-4 (request to remove the 90 day
moratorium on Colonial Avenue) to the evening session as Item T.
164
March 26, 2002
Mr. Mahoney advised that the petitioner, Fellowship Baptist Church, Item
U-3, was requesting a continuance. Pastor Mike Ward from the Fellowship Baptist
Church was present and asked for the continuance. There were no objections and the
item was continued until April 23, 2002 at 7:00 p.m.
Mr. Mahoney added an item to New Business, approval of resolution
ratifying and confirming a local emergency.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND
PRESENTATIONS
1., Recoanition of Battalion Chief Steve Poff for receivina
Firefiahter of the Year Award from the Kniahts of Columbus.
Chairman Church presented the award plaque to Battalion Chief Poff and
explained that this award was part of a presentation at the Knights of Columbus Civics
Night on March 11, 2002. Battalion Chief Poff replied that this was a great honor and
he regretted that he was unable to attend the March 11 meeting. Chief Burch reported
that Battalion Chief Poff was not at the meeting because he was attending a training
seminar in Williamsburg and that speaks highly of why he received the award. He
further advised that Battalion Chief Poff was the initial incident commander Saturday on
the Starlight Lane fire and he believes that Battalion Chief Poff was responsible for
saving lives.
2. Presentation of Roanoke Countv Service Award for ten years
of service to SUDervisor Minnix.
March 26, 2002
165
Chairman Church presented Supervisor Minnix with a service award for
ten years of service to the County and thanked him for his contributions.
IN RE: BRIEFINGS
1., Briefing on fire oDerations concernina brush and tire fire on
Starliaht Lane.
Mr. Hodge expressed thanks to Battalion Chief Poff for his efforts at
battling the recent fire of the third largest tire pile in the state. These tires had
accumulated over the last 35 to 38 years. County staff had worked with the property
owner, agencies and corporate citizens to get the site cleaned up but their efforts were
not successful. Recently the County signed a contract and agreement with the property
owner and the Department of Environmental Quality (DEQ) to begin clearing this site of
the tires when the fire started. He, along with County staff and the Board members,
regret any negative impact to the citizens, especially those who live in the area. The
County had a contingency plan in place that paid off since no one was injured, and no
homes or vehicles were lost. He thanked the members of the various agencies and
County staff, especially Chief Burch, Battalion Chief POff, Paul Mahoney, Rick Weeks of
DEQ, Chairman Church, Supervisor Minnix, Dan O'Donnell, and John Chambliss,
commending them all for working so well together. He recognized Chief Burch's father
and sister Pat as being present in the audience.
Assistant County Administrator Dan O'Donnell advised of the events that
lead up to the declaration of a state of local emergency starting with the fire at 3:30
p.m., Saturday, March 23, 2002, and opening of the Emergency Operations Center.
Battalion Chief Poff was in charge at the site and worked through the County's
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March 26, 2002
contingency plan in an extremely efficient manner. Mr. O'Donnell advised that he
served in an administrative position whereas John Chambliss was on the scene first as
a volunteer firefighter. Around 5:00 p.m. on March 23, 2002, the decision was made to
declare a local emergency and a quick response was received from the state and
federal officials and everyone worked well together. The decision was made to contain
the forest fire but not the tire fire. He advised that the decision to let the tires burn
instead of trying to put the fire out proved to be the right decision because this would
have created a major water situation in Back Creek and that the plume of smoke was
going straight up so the problems of pollution were diminished. He commended the
County staff for their foresight in creating the retention ponds and damming streams so
the problems with runoff would be contained. The brush fire consumed 1,000 acres.
Chief Burch made a power point presentation giving the history of the site
and an overview of the fire. He thanked the officials for their cooperation and
introduced Chris Wagner, Environmental Protection Agenda (EPA) On-Scene
Coordinator; Bob Kelly, EPA On-Scene Coordinator; Brett Burdick, Virginia Department
of Emergency Management; Rick Weeks, (DEQ), Regional Director; Dr. Molly O'Dell,
Public Health Director; Chris Thomsen, Virginia Division of Forestry, Resource Forester;
and Chuck Hutsell, Virginia Division of Forestry, Regional Forester. He introduced
Robert Crouch, Department of Public Safety - Deputy Secretary, who lives in the
Roanoke area, and advised that he was here during the fire and assisted the County in
getting the declaration of emergency from Governor Warner He thanked the County
Fire & Rescue department and other local and state agencies, as well as all the
individuals who assisted with the fire. He advised that within the next twenty-four to
forty-eight hours, the EPA will put into motion their staff and resources to take over the
March 26, 2002
167
cleanup of the fire. The Board members expressed their appreciation to the DEQ
officials present for their assistance in the clean up. Chairman Church also expressed
appreciation to County Administrator Elmer Hodge for his assistance.
IN RE:
NEW BUSINESS
O. Resolution ratifyina the declaration of a state of local
emergencv. ratifyinQ the reQuest to the Governor to declare a
state of emerQencv. and reQuestinQ SUDDOr! and assistance
from the U. S. Environmental Protection AQency.
R-032602-1
Mr. Mahoney asked for approval of a resolution to ratify and confirm the
existence of the local emergency which was declared by Mr. O'Donnell on Saturday,
March 23, 2002. This confirmation must be made within fourteen days of the
declaration. The resolution also ratifies and confirms the request by Chairman Church
to the Governor for a declaration of a State of Emergency on Sunday, March 24, 2002,
and requests the support and assistance of the U. S. Environmental Protection Agency
to respond to this emergency. He thanked Brett Burdick, Rick Weeks and Bob Crouch
for their assistance in expediting the declaration from the Governor which was granted
on Sunday afternoon. Chairman Church thanked Governor Warner and Bob Crouch for
their quick efforts in assisting the County.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
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March 26, 2002
RESOLUTION 032602-1 RATIFYING THE DECLARATION OF A STATE
OF LOCAL EMERGENCY, RATIFYING THE REQUEST TO THE
GOVERNOR TO DECLARE A STATE OF EMERGENCY, AND
REQUESTING SUPPORT AND ASSISTANCE FROM THE U. S.
ENVIRONMENTAL PROTECTION AGENCY
WHEREAS, Section 44-146.21 (a) of the Code of Virginia provides that the
Director of Emergency Management may declare the existence of a local emergency,
subject to confirmation by the Board of Supervisors within 14 days of the declaration;
and
WHEREAS, Assistant County Administrator Dan O'Donnell declared a
local emergency in Roanoke County due to the tire fire at the Keeling property on
Saturday, March 23, 2002, at 5:30 p.m; and
WHEREAS, the Chairman of the Board of Supervisors, Joseph B. "Butch"
Church, on Sunday, March 24, 2002, requested the Governor of the Commonwealth of
Virginia, Mark R. Warner, to declare a State of Emergency pursuant to Section 44-
146.17 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board of Supervisors of Roanoke County hereby ratifies
and confirms the declaration of the existence of a local emergency due to the tire fire
and brush wildfire at the Willie J. Keeling property.
2. That the Board of Supervisors of Roanoke County hereby ratifies
and confirms the request by its Chairman to the Governor for a declaration of a State of
Emergency.
3. That the Board of Supervisors of Roanoke County requests the
support and assistance of the U. S. Environmental Protection Agency to respond to this
emergency.
On motion of Supervisor Church to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
1., ADDroval of New Federal Fee Structure for Medicare for
ambulance transDort. (Richard Burch. Fire & Rescue Chief)
R-032602- 2
Chief Burch advised that two weeks ago, a work session was held with the
Board; that the fee structure was established in August, 2001; and that the Fee for
Ambulance Transport Program was established in November, 2001. The Federal
March 26, 2002
169
government will implement a new National standardized payment system for Medicare
which is approximately 60% of what the County collects. In order to continue collecting
the rates, the new rate schedule and categories must be adopted by the County and he
requested that the Board approve the new fee structure by resolution to provide for
continued funding. There was no discussion.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
RESOLUTION 032602-2 ADOPTING A REVISED SCHEDULE OF
AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Board of Supervisors enacted a FEE FOR SERVICES
ordinance as an addition to the Roanoke County Code on May 22, 2001 which
establishes the legal structure for providing emergency medical transport services and
accompanying fees as provided for by the Code of Virginia; and,
WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2
ADMINISTRATION of the Roanoke County Code, provides that the Board of
Supervisors, by resolution, may establish reasonable fees for the provision of
emergency medical services by all emergency medical service personnel, whether
provided by volunteers or public employees, upon the recommendation of the County
Administrator and the Chief of Fire and Rescue; and,
WHEREAS, the Board of Supervisors adopted a resolution on August 14,
2001, upon the joint recommendation of the County Administrator and the Chief of Fire
and Rescue, for the establishment of reasonable fees for the provision of various levels
of emergency medical services, including mileage fees for vehicles; and,
WHEREAS, the U.S. Department of Health and Human Services has
issued regulations, effective April 1, 2002, which establish a fee schedule for the
payment of ambulance services under the Medicare program based upon specific
codes or categories of ambulance services which must be complied with to receive
Medicare reimbursements.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. The fees which shall be charged by the County of Roanoke for the
following described emergency medical services provided by Roanoke County owned,
operated, funded, housed or permitted emergency vehicles shall be as follows:
Basic Life Support (BLS) Emergency $ 145.00
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March 26, 2002
Basic Life Support (BLS) Non-Emergency $ 145.00
Advanced Life Support (ALS) Non-Emergency $200.00
Advanced Life Support (ALS) 1 Emergency $ 290.00
Advanced Life Support (ALS) 2 Emergency $ 290.00
Paramedic Intercept $ 290.00
Mileage: Five Dollars ($ 5.00) per loaded mile from the point of pick-
up to the emergency room (ER), with a maximum charge of
Seventy-five Dollars ($ 75.00) for transports originating in
Roanoke County: For transports originating outside of
Roanoke County, the mileage charge will be calculated from
the Roanoke County line to the emergency roorn.
Ambulance transport fees shall only be charged for the actual transport of
an individual.
2. No recipient of ambulance service who cannot afford to pay the
ambulance transport fees will be required to do so.
3. This Resolution shall be in full force and effect on and after April 1 ,
2002.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
2. ReQuest to adoDt the followinQ tax rates for calendar year
2002: ¡Brent Robertson. BudQet Director)
Mr. Robertson advised that the real estate, personal property and
machinery and tools tax rates for the twelve-month period beginning January 1, 2002,
and ending December 31, 2002, were advertised on February 26 and March 5, 2002.
The public hearings for citizen comments on the above advertised tax rates was held on
March 12, 2002. The proposed budget for fiscal year 2002-03 is predicated on the
current real estate tax rate which is $1.12 and staff recommends that the real estate tax
rate be established again at $1.12 per one hundred dollars assessed valuation for the
2002 calendar year. The real estate tax rate is the first of three tax rates which need to
be adopted separately by the Board.
March 26, 2002
171
Supervisor Nickens pointed out for the Board's consideration that the
County has about $1.2 million above the 6% required to be kept in the unappropriated
fund balance, and with this healthy fund, the tax rate could be adopted now at $1.12 but
modified downwards later. The $1.12 rate could not be increased.
Supervisor McNamara advised that he thought it was prudent of the Board
to have a surplus especially when it is a time of slow revenue growth. He would like for
the Board to consider a revenue stabilization account within the general fund
unappropriated balance so while the target fund is 6.25% of general fund, there is also a
$1 million or $2 million cushion which would allow more aggressive revenue forecasting.
Supervisor Minnix advised that he was fearful of using one time money but
wanted to keep the burden on taxpayers as low as possible. Without knowing exactly
how much the County will receive in state funds, he would leave the rate as it stands
now. He thought that both suggestions from Supervisors McNamara and Nickens were
good and staff should continue to analyze the situation. Supervisor Church advised
caution in rnoving forward with any reduction in the tax rate.
Mr. Hodge encouraged the Board to leave the tax rates where they are
because this year there is a shortfall of almost $900,000, and there are other things to
be considered such as reductions from the Compensation Board to the Sheriff and other
four constitutional officers, the cost for the fire and any reserve funds that will be
needed.
Supervisor Nickens suggested that this could be discussed during the
budget work session already scheduled and moved to delay action on setting tax rates
for real estate, personal property and machinery and tools until the evening session.
The motion carried by the following recorded vote:
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March 26, 2002
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
0-032602-3: 0-032602-4. and 0-032602-5 aDDroved at the evenina session
3. ReQuest to adoDt a Drioritized list of Primary and Interstate
Droiects to be Dresented at the Dre-allocation Dublic hearing
for the VirQinia DeDartment of TransDortation DeveloDment
Plan for Fiscal Years 2002-2008. (Arnold Covev. Communitv
DeveloDment Director)
R-032602-6
Mr. Covey advised that the Virginia Transportation Development Plan is
the Commonwealth Transportation Board's plan for identifying funds anticipated to be
available for highway and other forms of transportation construction for distribution in
the Six-Year Development Plan. This program is updated annually. Roanoke County is
within the Salem District along with eleven (11) other counties and ten (10) cities. All
are lobbying for these construction funds. This year because of the economic
downturn, VDOT found it necessary to downsize the current transportation program,
which includes over 1,400 projects. It is anticipated that many projects now in the Six-
Year Improvement Plan, also known as the Virginia Transportation Developrnent Plan,
might be delayed or eiiminated.
The County has the following projects on the Transportation Development
Plan in Roanoke County: Interstate 73, Interstate 81, Route 11/460 (West Main Street),
Route 221 (Brambleton Avenue) and Interstate 81 Acceleration Lane Extension. The
County has several TEA-21 projects which include Hanging Rock Battlefield Trail, Blue
March 26, 2002
173
Ridge Parkway Visitor Center, and Roanoke River Greenway. Projects not on the plan
include Route 11 (Williamson Road), Route 115 (Plantation Road); Route 116 (Jae
Valley Road) Bridge, Route 220S (from Route 419 to Buck Mountain Road), and Route
460E (Wal-Mart Development). Staff recommends adoption of the prioritized list of
projects and resolution to be presented at the pre-allocation hearing on April 9, 2002.
County staff will attend the public meeting and is requesting that the Board of
Supervisors appoint a representative to attend this meeting.
Supervisor Nickens moved to adopt the resolution with change in
paragraph #5 from 311 Catawba to Route 460 East and with deletion of any funds for 1_
73. The motion carried by the following recorded vote:
AYES:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
Supervisor Nickens moved to adopt the resolution with the inclusion of the
plan for 1-73. The motion carried by the following recorded vote:
NAYS:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Church
Supervisor Nickens
RESOLUTION 032602-6 REQUESTING VDOT TO CONTINUE FUNDING
PROJECTS CURRENTLY IDENTIFIED ON THE PLAN AND ADOPT
THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR
INCLUSION INTO THE 2002-2008 PRIMARY AND INTERSTATE SIX
YEAR IMPROVEMENT PLAN
WHEREAS, the Six Year Improvement Program is the Commonwealth Transportation
Board's plan for identifying funds anticipated to be available for highway and other
forms of transportation construction; and
WHEREAS, this program is updated annually to assist in the allocation of federal and
state funds for interstate, primary, and secondary roads.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows;
and
/
174 March 26, 2002
1. That the following projects identified as "Projects on Plan" are recommended
to continue to receive funding for planning and construction
Interstate 73 - Roanoke County continues to be very supportive of
this project. In a letter dated June 3, 2001, the Board of Supervisors
encouraged VDOT to work closely with the impacted citizens to
address their concerns and mitigate any negative impacts to them.
This is in addition to the resolution 120500-2 passed December 5,
2000 reaffirrning the Boards support for 1-73.
Interstate 81 - Roanoke County continues to support VDOT's
proposed plan to widen 1-81 frorn its present four lanes. We look
forward to reviewing the prioritized segments of 1-81 and want to
continue to work with local VDOT staff to develop regional cooperation
for storm water detention facilities and potential utility crossings.
Route 11/460 (West Main Street) - Roanoke County continues to
support the ongoing design for improvements in this important
commercial and residential development area. Improvements will
provide an increase in the level of service bringing it up to standards
required for the expected growth.
Route 221 (Bent Mountain Road) - Roanoke County is requesting
continued allocation of funds for this road project. The residential
development expected to occur within this area will place additional
demands on the road system that is currently providing an inadequate
service level.
Interstate 81 Acceleration Lane Extension - VDOT has allocated
money to extend the acceleration lanes at Exits 132, 137, 140, 141
and 146. This improvement addresses safety concerns and will
significantly improve the interchange. Estimated Cost: $3.0M.
2. That the following projects identified as "Projects Not on Plan" have been
identified by the Board of Supervisors as extremely important to the
growth of Roanoke County or for safety improvements and are requested
to be included in the Virginia Transportation Development Plan for Fiscal
Years 2002-2008.
They are listed in Priority Order:
1. Route 11 (Williamson Road) -
Need: Now that Route 11 has been widened from Plantation Road to
Hollins College, there remains one section of three-lane road from
Peters Creek Road (Rte. 117) to the Roanoke City Limits. Additionally,
the existing bridge over Carvins Creek does not meet current
standards, and the alignment of Florist Road with Route 11 creates
additional congestion and safety concerns. The existing section of
road, 1.52 miles, is currently a three-lane with the center lane used for
turning movements. Ninety percent of the tracts adjacent to
Williamson Road are developed for commercial use.
March 26, 2002
175
Traffic Counts: 15,000 vehicles per day from the Roanoke City limits
to Peters Creek Road. This stretch has also been identified as an
alternate route in the event of blockage on 1-81/581.
Recommended Improvements: A four-lane divided highway with
appropriate cross over and turn lanes, which will complete
improvement of Williamson Road from the city lirnits to the Botetourt
County line.
Cost: $12,060,000
2. Route 115 (Plantation Road)
Need: This two-lane section of Plantation Road is approximately
2.43 miles in length with numerous secondary road connections.
The road needs to be improved from Roanoke City limits north to
Route 11. If full funding were not available, various spot
improvements, such as turn lanes, alignment and grade
improvements would help with safety issues. Additional land is
available along the road for future development, which will increase
traffic and construction costs in the future.
Traffic Counts: From the Roanoke City limits to Williamson Road,
11,000 vehicles per day.
Recommended Improvements: Additional lanes and intersection
improvements.
Cost: $12,000,000-$15,000,000
3. Route 220 S (Franklin Road)
Need: This section of 220 is approximately 2.0 rniles long and is a
four-lane divided highway. Recently a traffic study was conducted
for a commercial development and the report predicted a level of
service of D or F within the next couple of years. Additional lanes
and improved vertical alignment is required from the Roanoke City
limits south to Rte. 668 (Yellow Mountain Road). Spot
improvements are needed now at the intersection of 419 and 220
S.
Traffic Counts: From the Roanoke City limits south is
approximately 44,000 vehicles per day.
Recommended Improvements: Additional lanes and intersection
improvements.
Cost: $5,000,000 - $8,000,000
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March 26, 2002
4. Route 116 (Jae Valley Road)
Need: The Salem Residency has notified staff that the bridge over
Back Creek is in need of repair and we wish to offer our support for
improvements to the approaches and bridge replacement. This
road is serving the growing commuter traffic from Franklin County
and recreational traffic to Smith Mountain Lake.
Traffic Counts: From the Roanoke City limits south:
approximately 4,000 vehicles per day.
Recommended Improvements: Improve approaches and replace
existing bridge.
Cost: $3,000,000-$4,000,000
5. Route 460E (Wal-Mart development)
Need: This section of Route 460 beginning west of the East
Corporate Limits of the City of Roanoke and proceeds east to the
Bedford County Line, a distance of 7.59 miles. The continued
growth within this corridor has increased traffic demands.
Traffic Counts: Year 2000 traffic volumes decreases as the route
progresses eastward from 29,000 to 20,000 vehicles per day, with
a Level of Service C-B. The projected traffic volumes for the year
2020 show an increase to 45,000 to 29,000 vehicles per day with a
Level of Service of F-C on the existing typical section.
Recommended Improvements: Reconstruct the existing four-lane
roadway to a six-lane facility.
Other primary roads in Roanoke County which deserve consideration for spot
improvements:
6. Route 419 (Electric Road) Intersection improvernents, Route 118 (Airport
Road), Route 24, (Washington Ave.) improvements at the intersection of
William Byrd High School.
On motion of Supervisor Nickens to adopt the resolution with correction replacing
paragraph #5 from 311 Catawba to Route 460E and with deletion of any funds for 1-73,
and carried by the following recorded vote:
AYES: Supervisors Flora, McNarnara, Minnix, Nickens, Church
NAYS: None
On motion of Supervisor Nickens to adopt the resolution with the inclusion of the
plan for 1-73, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Church
NAYS: Supervisor Nickens
March 26, 2002
177
IN RE:
4. ReQuest to lift the 90-dav moratorium on Colonial Avenue
Proiect. listed as Priority #3. in the County's Six-Year
Secondarv Road System Construction Plan for Fiscal Years
2002-2008. (Arnold Covey. Community DeveloDment Director)
This ¡tern was postponed to the evening session.
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor McNamara moved to approve the first readings and set the
second readings and public hearings for April 23, 2002. The motion carried by the
following recorded vote:
AYES:
NAYS:
IN RE:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
1.,
First readinQ of ordinance to rezone two Darcels of .797 and
1.290 acres from R-1 to C-2 General Commercial District and
R-2 Residential District to C-2 General Commercial District for
a Motel/Motor LodQe located on 8008 Plantation Road and
7929 Carvin Street. resDectivelY. Hollins Maaisterial District.
UDon the Detition of Hollins HosDitalitv.
First readinQ of ordinance to obtain a SDecial Use Permit to
oDerate a Drivate stable on two Darcels with the total acreaae
of 34.07 acres located between 6341 and 6545 Corntassel
Lane. Windsor Hills Maaisterial District. UDon the Detition of
RalDh T. Henrv.
First reading of ordinance to obtain a SDecial Use Permit to
oDerate a reliaious assembly on 15.652 acres located on Red
Lane Extension on Interstate 81. Catawba MaQisterial District.
UDon the Detition of FellowshiD Community Church.
2.
3.
CONSENT AGENDA
178
March 26, 2002
R-032602-7; R-032602-7.c: R-032602-7.d
Supervisor McNamara moved to adopt the Consent Resolution. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
RESOLUTION 032602-7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
March 26, 2002, designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
1. Approval of Minutes - January 22, 2002 and February 12, 2002
2. Confirmation of Committee appointrnents to the Roanoke County
Public Safety Volunteer Benefits Board of Trustees.
3. Acceptance of $3,748 grant from the Virginia Department of Health,
Office of EMS to support Fire & Rescue Automatic External
Defibrillator (AED) Program.
4. Resolutions of appreciation upon the retirements of:
a. Marvin L. Loyd, Sheriff's Office, after twenty-five years of
service
b. Alona H. Shelton, Sheriff's Office, after fourteen years of
service
5. Approval of settlement agreement with Arnerican Management
Technologies, Inc.
6. Request to accept donations of sewer easements - the Orchards
Sewer Line Extension Project, Hollins Magisterial District.
7. Donation of a drainage easement from Fralin & Waldron, Inc. on
Lots 11 and 12, Section 4, Brookfield Subdivision, Vinton
Magisterial District.
March 26, 2002
179
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 McNamara to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
RESOLUTION 032602-7.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF MARVIN L. LOYD, SHERIFF'S OFFICE, AFTER
TWENTY-FIVE YEARS OF SERVICE
WHEREAS, Marvin L. Loyd was first employed by Roanoke County on
July 1, 1975, as a special Police Officer under the direction of the Sheriff; and also
served as Deputy Sheriff/Corrections Officer; Deputy Sheriff/Court Bailiff and Deputy
Sheriff/Corporal/Civil; and
WHEREAS, Deputy Sheriff Sergeant Loyd retired from Roanoke County
and the Sheriff's Office on March 1, 2002, after twenty-five years and nine months of
service; and
WHEREAS, Deputy Sheriff Sergeant Loyd served his country with
distinction in the United States Army in Desert Storm and Bosnia while employed with
the County; and
WHEREAS, Deputy Sheriff Sergeant Loyd provided great assistance in
the construction of the Police Firing Range and made many other contributions to the
citizens of this County during his career; and
WHEREAS, Deputy Sheriff Sergeant Loyd, through his employment with
Roanoke County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to MARVIN L. LOYD for over twenty-five years of capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor McNamara to adopt the resolution, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
RESOLUTION 032602-7.d EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF ALONA H. SHELTON, SHERIFF'S OFFICE, AFTER
FOURTEEN YEARS OF SERVICE
WHEREAS, Alona H. Shelton was first employed by Roanoke County on
June 27, 1987, as a Deputy Sheriff - Corrections Deputy in the Sheriff's Office; and
180
March 26, 2002
WHEREAS, Deputy Sheriff Shelton retired from Roanoke County on
March 1, 2002, as a Deputy Sheriff - Master Deputy, after fourteen years and eight
months of service; and
WHEREAS, Deputy Sheriff Shelton, through her employment with
Roanoke County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to ALONA H. SHELTON for over fourteen years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor McNamara to adopt the resolution, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Andy Lucas. 6564 Wood brook Drive. asked why the County did not
accept an offer made eight months ago from a company in California offering to remove
the tires at no cost to the County. Mr. Hodge advised that the County has received
many proposals over the years but upon further review of these proposals, all have
involved considerable costs.
INRE:
REPORTS
Supervisor Nickens moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
1., General Fund UnaDDroDriated Balance
2. CaDital Fund UnaDDroDriated Balance
3. Board Continaencv Fund
March 26, 2002
181
4. Future School CaDital Reserve
5. Accounts Paid - February 2002
6. Statement of EXDenditures and Estimated and Actual revenues
for the month ended February 28. 2002.
7. Statement of the Treasurer's Accountability Der Investment
and Portfolio Policv. as of Februarv 28. 2002.
8. Proclamation signed by the Chairman.
9. ReDort from Roanoke Vallev-Alleahanv ReQional Commission
10. ReDort from VDOT of chanaes to the Secondary Road System
in Februarv. 2002
IN RE: CLOSED MEETING
At 4:20 p.m., Supervisor Church moved to go into Closed Meeting
pursuant to Code of Virginia 2.2-3711 A (7) consultation with legal counsel and briefings
regarding the Regional Sewage Treatment Plant contract. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
INRE:
CLOSED MEETING
The Closed meeting was held from 4:30 p.m. until 5:30 p.m.
IN RE:
WORK SESSION
1., Budget Work Session with Schools
182
March 26, 2002
Chairman Irvin called the School Board to order at 5:30 p.m. with all
mernbers present. The work session was held frorn 5:30 p.m. until 6:45 p.m. and was
presented by Budget Director Brent Robertson, Chief Financial Officer Diane Hyatt and
Director of Finance and Budget for schools Penny Hodge. The School Board continued
their meeting after the Board left at 6:45 p.m.
It was the consensus of the Board of Supervisors and School Board that:
(1) $1,656,149 will be transferred to schools; (2) There will be an average 2.5%
ernployee salary increase for County and Schools with the precise details to be worked
out with no employees negatively affected; (3) Employees will assume their share of the
health insurance costs. The changes in the Trigon Insurance Plan will go to the Board
for approval on April 9, 2002, and to the School Board on April 11, 2002. Because of
the increase in out-of- pocket limits in health insurance, staff was directed to develop a
plan to allow employees to cash in accumulated sick leave, as well as other possible
alternatives.
IN RE:
R-032602-8
CERTIFICATION RESOLUTION
At 7:00 p.rn., Supervisor Church moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
RESOLUTION 032602-8 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
March 26, 2002
183
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a
certification by the Board of Supervisors of Roanoke County, Virginia, that such closed
meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, 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 closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Church to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
IN RE:
RECOGNITION
Chairman Church introduced members of Boy Scout Troop 216 and Scout
Master Bruce Hancock
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND
PRESENTATIONS
1., Resolution of Congratulations to Justin London for an
outstandinQ football season and beina named to AII-8tate First
Teams. GrouD AA.
R-032602- 9
Chairman Church presented Justin London with the resolution. Also
present were his parents, Coach Hickam and Assistant Principal Frank Dent from
Northside High School.
Supervisor Nickens moved to adopt the resolution. The motion carried by
184
March 26, 2002
the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
RESOLUTION 032602-9 OF CONGRATULATIONS TO JUSTIN
LONDON FOR AN OUTSTANDING FOOTBALL SEASON AND BEING
NAMED TO ALL-STATE FIRST TEAMS, GROUP AA
WHEREAS, team sports are an important part of the curriculum at schools
in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, Justin London, a senior at Northside High School, had an
outstanding season on the football team, and was instrumental in the 34-24 victory over
Pulaski when the Cougars were the No.1 ranked team in Group AA; and
WHEREAS, Justin demonstrated his outstanding athletic ability and good
sportsmanship throughout the season; and
WHEREAS, Justin has been invited to participate in the Virginia High
School League All-Star game to be played during the summer of 2002; and
WHEREAS, Justin received the following honors during the 2001 season:
· First Team - Blue Ridge District Linebacker
· First Team - Region III Linebacker
· Blue Ridge District Defensive Player of the Year
· Region III Defensive Player of the Year
· All Timesland - First Team Linebacker
· All Timesland - Defensive Player of the Year
· First Team - All-State
· First Team - Associated Press All-State
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to JUSTIN
LONDON for an outstanding football season and being named to All-State First Teams,
Group AA.
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its
best wishes to Justin London for continued success in all of his future endeavors.
On motion of Supervisor Nickens to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
IN RE:
REQUESTS FOR FUNDING TO BE INCLUDED IN THE FISCAL YEAR
2002-2003 BUDGET
1., Presentation of fundina reQuests from Cultural. Tourism and
other aQencies.
March 26, 2002
185
Chairman Church advised that this time has been set aside for cultural,
tourism and other agencies to submit funding requests to the Board in alphabetical
order. The following representatives from twenty-one agencies requested funding in the
2002-2003 budget.
(1) Susannah Koerber, Curator, Art Museum of Western Virginia,
requested $5,000; (2) Susan Jennings, Arts Council of the Blue Ridge; (3) Thomas R.
Brock, Jr., Center in the Square; (4) David Kjolhede, Roanoke Valley Convention and
Visitors Bureau; (5) Roger Ellmore, Explore (The River Foundation); (6) Aletha S.
Bolden, Harrison Museum of African American Culture requested $5,000; (7) Kent
Chrisrnan, History Museum and Historical Society of Western Virginia requested
$10,000; (8) Rob Logan, President of the Board of Directors, To the Rescue
Museum/JSW Foundation; (9) John Levin, Mill Mountain Theatre, requested $ 8,500;
(10) Beth POff, Blue Ridge Zoological Society/Mill Mountain Zoo; (11) Lisa Ison, the
New Century Venture Center; (12) Bill Krause, Opera Roanoke, requested $12,000;
(13) Dr. Walt Gold, Roanoke Symphony Orchestra; (14) Jim Phipps, Chair, Roanoke
Valley Greenway Commission, requested $11,400; (15) Brian Duvall, Executive
Director, Salem-Roanoke County Chamber of Commerce; (16) Stuart Hill, Science
Museum of Western Virginia; (17) Ethel Noell, President, Vinton Chamber of
Commerce; (18) Peter Lampman, Virginia Amateur Sports, Inc., requested $45,000;
(19) Katherine Strickland, Executive Director, Virginia Museum of Transportation, and
Tom Jones, Vice President of the Board, requested $10,000; (20) Judith Clark, Young
Audience of Virginia, requested $5,020; and (21) Carol Tuckwiller, Director of Research
and Archives for the National D-Day Memorial Foundation, requested $10,000.
186
March 26, 2002
IN RE:
NEW BUSINESS CONTINUED
1., ReQuest to lift the gO-day moratorium on Colonial Avenue
Proiect. listed as Priority #3. in the County's Six-Year
Secondary Road System Construction Plan for Fiscal Years
2002-2008. (Arnold Covev. Community DeveloDment Director)
A-032602-13
(Action number out of seQuence but item was heard at this time)
Mr. Covey advised that on December 18, 2001, the Board approved the
proposed Six-Year Secondary Road Construction Plan and placed Colonial Avenue on
a 90-day moratorium to allow for further study of proposed changes to the road
originally presented to the public on November 8, 2001. Since December 18, the
Colonial Avenue Alliance (CAA), the Virginia Department of Transportation (VDOT) and
County staff have attempted to devise an alternative design that would be a less
invasive approach to widening the road than VDOT's original three-lane proposal for
improvements to Colonial Avenue from Penn Forest Boulevard to Route 419.
Mr. Covey stated that on January 23, 2002, VDOT presented a new
design alternative to the CAA and County staff. This option eliminated the continuous
center-turn lane and proposed a two-lane roadway with individual turn lanes at the
Colonial Avenue intersections of Penn Forest Boulevard, Vest Drive, Colonial Place, the
east and west entrances to North Cross School and Girard Drive. This plan still
included the proposed purchase of right-of-way for five lanes. VDOT representatives
also responded to a series of questions from the CAA and other concerned citizens.
The methods of projecting future traffic estimates were also discussed.
The CAA requested another meeting with County staff to discuss their
March 26, 2002
187
concerns over the potential for five lanes of right-of-way, the absence of traffic calming
measures on either design alternative, and differences regarding traffic estimate
methodology. This meeting occurred on February 6. Citizens raised a variety of traffic
issues, presented their challenges to VDOT's traffic projections and discussed the
Community Village concept. Staff proposed that any additional funding earmarked for
the proposed project be used exclusively for preliminary engineering until the issues of
traffic and right-of-way acquisition are resolved.
Mr. Covey described the alternatives available: (1) Approve the VDOT
design for two-lane construction with individual turn lanes and acquisition of the ultimate
right-of-way. (2) Approve the VDOT design for two-lane construction with individual turn
lanes within the minirnum necessary right-of-way. (3) Impose a one-year study period
for the CAA, VDOT and County staff to resolve traffic and right-of-way issues with any
additional funding for preliminary engineering only. Staff recommends Alternative 1.
Lisa Sutherland, 4810 Colonial Avenue, and Tom Webster, 4714 Colonial
Avenue, asked to yield their time to speak to Cindy Webster.
Wade Sutherland, 4810 Colonial Avenue, thanked Mr. Hodge, Supervisor
Minnix and County staff for their professionalism and continued support on this issue.
He advised that he wanted to elaborate on several documents which had been given to
the Board members in support of the CAA position. He pointed out the actual traffic
counts taken on May 4 and 5, 1999 on Colonial Avenue between Vest and Girard show
peaks during a one to two hour period, less at other times, and drastically diminished
traffic counts in the evening. He also referred to the Colonial Avenue Average Daily
Trips data that was taken between Vest and Girard beginning in 1972. He also referred
to a time travel comparison study using Rt. 221 and Rt. 419 versus Colonial Avenue
188
March 26, 2002
which shows little time savings using Colonial Avenue as a cut-through. He also
advised that the Penn Forest and Colonial Avenue intersection has not changed in the
new proposal and there are still 15 to 20% of the people trying to make left hand turns
across both lanes and they still have no opportunity to do that with the proposed design.
Cindy Webster, 4714 Colonial Avenue, advised that the CAA appreciates
the work that County staff has done, especially John Charnbliss. They object to the
road plan and believe that more partnership planning should be done between VDOT,
residents and County staff on projects. She advised that they have a petition with 350
signatures stating that the road is not accepted or wanted by the comrnunity. The
project offers no gain for the community and the only winners are cut-through traffic
which will be saving less than one minute. They request traffic calming for this project.
The CAA requests that the Board take into consideration their community, tax dollars,
the petition signatures and continuing efforts for partnership planning.
Pete Johnson, Jr., 3748 Martinell Avenue, advised that he supported
Option 3 which is continued study of the project and in particular looking at the village
design and principles in terms of building better and stronger communities. He feels
that excessive road building only benefits a very srnall minority.
In response to Supervisor Nickens' question, Mr. Hodge advised that the
County could request that the road be only two lanes but VDOT is looking at the overall
flow of traffic and wants to secure additional right-of-ways for possible bicycle or walking
lanes. Mr. Hodge sated that if the Colonial Avenue project is removed frorn the six-year
plan, the $167,000 already expended which may have to be reimbursed to VDOT.
In response to Supervisor Nickens' inquiry, Mr. Covey advised that he is
not aware of any by-pass plan concerning Colonial Avenue. Ms. Webster advised that
March 26, 2002
189
when looking at the six-year plan and seeing easements in place on Penn Forest as
well as other roads, they were concerned about Colonial Avenue being used as a
possible alternative to Route 419. She further described some of the CAA's requests
for traffic calming.
Responding to Supervisor Nickens' inquiry, Mr. Covey advised that the
project at this point is two lanes and that the five lane ultimate right-of-ways would be
used only if necessary. The two lane design is supposed to be sufficient until 2013 and
at that time, if the traffic generates 12,000/10,000 vehicles per day, a wider road design
would be necessary. VDOT's decision is whether to buy the ultimate right-of-ways now,
primarily from North Cross School, or just the ones necessary for two lanes.
In response to Supervisor Church, VDOT's Resident Engineer Jeff Echols
advised that they could agree to a sixty to ninety day delay. Supervisor McNarnara
advised that he would be agreeable to granting at least a sixty day delay but he felt this
was a safety issue and the road should be improved.
Supervisor Minnix advised that the project is not ready and advised that
there has already been a ninety day delay and he is not sure if another ninety day delay
will help. Mr. Covey had informed him that this project could be delayed for a year
without losing the $167,000 that has been spent on the project for engineering. He
advised that if the road goes to five lanes, in ten years it will all be commercial.
Supervisor Minnix moved Alternative #3 - impose a one year study period
for CAA, VDOT and County staff to resolve traffic and right-of-way issues with any
additional funding for preliminary engineering only.
Supervisor Flora advised that he feels there is no lower road design
standard than a two lane road and did not think a short delay or even a one year delay
190
March 26, 2002
will make a lot of difference in the issues that have been discussed.
Supervisor Nickens made a substitute motion to delay the project for sixty
days and requested that a report be brought back. If no progress is made, grant an
additional thirty days, after which time, the Board will take action. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Nickens, Church
Supervisor Minnix
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1., Second readinQ of an ordinance authorizina and aDDrovinC
execution of a lease aQreement with Cisco Systems. Inc. for
office SDace in the County-owned Salem Bank and Trust
BuildinQ at 220 East Main Street. Salem. (Anne Marie Green.
General Services Director)
0-032602-10
There was no discussion and no citizens present to speak on this issue.
Supervisor McNarnara rnoved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
ORDINANCE 032602-10 AUTHORIZING AND APPROVING
EXECUTION OF A LEASE AGREEMENT WITH CISCO SYSTEMS, INC.,
FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT
220 EAST MAIN STREET, SALEM, VA, OWNED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the
March 26, 2002
191
owner of several parcels of land, containing .68 acre, located at 220 East Main Street in
the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map
#106-13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank
and Trust Building: and,
WHEREAS, said property was purchased on May 15, 2001, subject to
leases with the County of Roanoke to provide office space for the Department of Social
Services and Blue Ridge Community Services on the third, fourth, and fifth floors of the
building, and subject to a number of commercial leases for the first and second floors of
the building and for the rooftop for antenna space; and,
WHEREAS, the County leased the property to the Roanoke County
Industrial Development Authority for the issuance of bonds to finance the purchase, and
the property was leased back to the County for operation of the premises and
generation of the revenue, through the existing leases, for payment of the debt service
on the bonds; and,
WHEREAS, one of the commercial leases assumed at the time of
purchase was with Cisco Systems, Inc., for 1400 square feet of office space in Suite
200 on the second floor of the building, and said lease expired on February 28, 2002;
and,
WHEREAS, Cisco Systems, Inc., has submitted an offer and staff has
negotiated with the tenant to re-lease the premises for a period of two years from March
1, 2002, at a rental of $1,400.00 per month, with the option to renew the lease for an
additional two years at a two percent (2%) rental increase; and
WHEREAS, it would serve the public interest to continue to lease the
premises to Cisco Systems, Inc., in order to have the office space occupied and
maintained, and to generate revenue to be applied to rneeting the bond obligations; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on March 12,
2002; and the second reading and public hearing was held on March 26, 2002.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of 1400 square feet of office space in Suite 200 at the
Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, for a
period of two years at an annual rental of $16,800.00, payable monthly in the amount of
$1,400.00, commencing as of March 1, 2002, and ending on February 29, 2004, with
the option to renew said lease for an additional period of two years at a two percent
(2%) rental increase, to Cisco Systems, Inc., is hereby authorized and approved.
2. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute a lease agreement on behalf of the Board of
Supervisors of the County of Roanoke and to execute such other documents and take
such further actions as are necessary to accomplish this transaction, all of which shall
be upon form and subject to the conditions approved by the County Attorney.
3. That the funds generated by this lease shall be placed in the Salem
Bank and Trust Building revenue account.
4. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried
192
March 26, 2002
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
2. Second readinQ of an ordinance authorizinQ lease of real
estate for a DarkinQ lot at the Roanoke Countv Courthouse and
Jail. (Anne Marie Green. General Services Director)
0-032602-11
Ms. Green advised that there has been one change since the first reading.
The property owner has indicated a willingness to give the County right of first refusal
on the entire parcel of land at that corner. The ordinance at the first reading included a
right of first refusal for just the land that the County leases as the parking lot.
Supervisor McNamara asked Ms. Green what the rent on this property,
which is roughly a one-half acre, will be in ten years with the built-in 6% increase each
year. She advised that in the fifth year, the rent will be $16,633. He also asked how
many parking places could be obtained from the Salem Office Supply building, and Ms.
Green advised that the number of parking places there would be 20 to 23 whereas the
proposed parking facilities will include 60 to 100 spaces.
In response to Supervisor Minnix, Ms. Green advised that the Chief of
Police estimates a cost of $6,000 per month for parking for patrol officers alone.
There were no citizens present to speak on this item.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Church
Supervisor Nickens
March 26, 2002
193
ORDINANCE 032602-11 AUTHORIZING EXECUTION OF A LEASE OF
REAL ESTATE FOR PARKING FACILITIES AT THE ROANOKE
COUNTY COURTHOUSE AND JAIL
WHEREAS, pursuant to Ordinance 42892-7 and Resolution 011497-8,
Roanoke County has leased from William Watts and Elizabeth B. Watts a parcel of land
containing approximately 0.680 acre, bounded by East Main Street, Craig Avenue, and
Clay Street, for parking facilities at the Roanoke County Courthouse and Jail since May
1, 1992; and,
WHEREAS, said lease expires on April 30, 2002; and,
WHEREAS, staff has negotiated with the property owners for a new lease
of the parcel for parking purposes; and,
WHEREAS, no other suitable parcels or tracts of land are available for
lease or sale to use for parking facilities to serve County staff and the public at the
Courthouse and Jail facilities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Sections 2.01 and 2.03 of the
Charter of the County of Roanoke, the County is authorized to acquire property,
including the lease of real estate; and,
2. That pursuant to the provisions of Section 18.04 of the Charter of
the County of Roanoke, the acquisition of any interest in real estate shall be
accomplished by ordinance; the first reading of this ordinance was held on March 12,
2002, and the second reading was held on March 26, 2002.
3. That the execution of an agreement with William Watts and
Elizabeth B. Watts to lease a parcel of land containing approximately 0.680 acre,
bounded by East Main Street, Craig Avenue, and Clay Street, in the City of Salem for
public parking facilities at the Roanoke County Courthouse and Jail is hereby
authorized.
4. That the lease term shall commence on May 1, 2002, and continue
for a period of five (5) years, with the option to renew for one additional five (5) year
period upon authorization by resolution adopted by this Board.
5. That the base rent shall be the sum of $1,100.00 per month, with a
six percent (6%) annual increase, and payment of any increase in real estate taxes that
may be directly attributable to improvements made to the property by the County.
6. That payment of rent shall be made from the funds available in the
Courthouse Maintenance Fees revenue account.
7. That the County Administrator, or an Assistant County
Adrninistrator, is authorized to execute such documents and take such actions on behalf
of the Board of Supervisors in this matter as are necessary to accomplish the lease of
this property, all of which shall be approved as to form by the County Attorney.
8. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Church
NAYS: Supervisor Nickens
194
March 26, 2002
3. Second readinQ of ordinance to rezone 15 acres from 1-1C
Industrial District with conditions to C-1 Commercial District
and to obtain a sDecial use Dermit for a reliaious assemblv and
davcare located on 5022 Hollins Road. Hollins Maaisterial
District. UDon the Detition of FellowshiD BaDtist Church.
(Janet Scheid. Chief Planner)
Chairman Church announced that this item was being postponed until
April 23, 2002 at 7:00 p.m. at the request of the petitioner.
4. Second readina of ordinance to obtain a SDecial Use Permit
for a Drivate kennel on 1.50 acres located at 5606 Barns
Avenue. Hollins MaQisterial District. UDon the Detition of Jerrv
and Donna Green. (Janet Scheid. Chief Planner)
0-032602-12
Ms. Scheid advised that this was a request to obtain a special use permit
for a private kennel on 1.50 acres located at 5606 Barns Avenue. The Planning
Commission approved the request with two conditions: (1) Limited to a maximum of
three dogs. (2) The permit shall be renewed annually for three years. After that time, if
there are no problerns, there would be no need to annually renew the permit. There
were no citizens present to speak on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
March 26, 2002
195
NAYS: None
ORDINANCE 032602-12 GRANTING A SPECIAL USE PERMIT TO
JERRY AND DONNA GREEN FOR A PRIVATE KENNEL TO BE
LOCATED AT 5606 BARNS AVENUE (TAX MAP NO. 26.20-5-3),
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Jerry and Donna Green have filed a petition for a special use
permit for a private kennel to be located at 5606 Barns Avenue (Tax Map No. 26.20-5-
3) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rnatter
on February 5, 2002, which was continued to March 5, 2002; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on February 26, 2002, the second reading and public
hearing on this matter was held on March 26, 2002.
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
Jerry and Donna Green for a private kennel to be located at 5606 Barns Avenue (Tax
Map No. 26.20-5-3) in the Hollins Magisterial District is substantially in accord with the
adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950
Code of Virginia, as amended, and said Special Use Permit is hereby approved with the
following conditions:
(A) Limited to a maximum of three dogs.
(B) The permit shall be renewed annually for three years. After
that time if there are no problems, there would be no need to
annually renew the permit.
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 Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
2. Reauest to adoDt the followina tax rates for calendar vear
2002: (Brent Robertson. BudQet Director)
Chairman Church advised that this item was brought forward from the
afternoon session upon the motion of Supervisor Nickens to delay action until the
196
March 26, 2002
evening session.
a. Real Estate tax rate of $1.12 Der $100 assessed valuation
0-032602-3
Mr. Robertson advised that the County has met the public notice and
public hearing requirements for the State of Virginia for advertising the real estate tax
rate. Staff recornmends that the Board adopt the real estate tax rate of $1.12 per $100
assessed valuation. There was no discussion.
Supervisor Minnix moved to adopt the order setting the real estate tax rate
at $1.12. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNarnara, Minnix, Church
Supervisor Nickens
ORDER 032602-3 SETTING THE TAX RATE ON REAL ESTATE
SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2002
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, that the levy for the twelve-month period beginning January 1, 2002, and
ending December 31,2002, be, and hereby is, set for a tax rate of $1.12 per one
hundred dollars of assessed valuation on all taxable real estate and mobile homes
classified by §§ 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950
Code of Virginia, as amended, situate in Roanoke County.
On motion of Supervisor Minnix to adopt the order setting the real estate
tax rate at $1.12, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Church
NAYS: Supervisor Nickens
b. Personal ProDerty tax rate of $3.50 Der $100 assessed
valuation
0-032602-4
Mr. Robertson advised that staff recornrnends that the personal property
tax rate be established at a rate of $3.50 per $100 assessed valuation for the 2002
calendar year. There was no discussion.
March 26, 2002
197
Supervisor Flora moved to adopt the order setting the personal property
tax rate at $3.50. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
ORDER 032602-4 SETTING THE TAX LEVY ON PERSONAL
PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR
YEAR 2002
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the levy for the twelve-month period beginning January 1,
2002, and ending December 31,2002, be, and hereby is, set for a tax rate of $3.50 per
one hundred dollars of assessed valuation on all taxable, tangible personal property,
excluding that class of personal property generally designated as machinery and tools
as set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all
those classes of household goods and personal effects as are defined in §§ 58.1-3504
and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property
separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950
Code of Virginia, as amended, of public service corporations based upon the assessed
value thereof fixed by the State Corporation Commission and duly certified.
2. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in §
58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No.
121592-11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1,
2002, and ending December 31, 2002, be, and hereby is, set at fifty (500/0) Dercent of
the tax rate established in paragraph 1 for the taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally
designated as Motor Vehicles for Disabled Veterans.
On motion of Supervisor Flora to adopt the order setting the personal
property tax rate at $3.50, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
c. Machinery and Tools tax rates of $3.00 Der $100
assessed valuation
0-032602-5
Mr. Robertson advised that staff recommends adoption of the machinery
198
March 26, 2002
and tools tax rate be established at $3.00 per $100 assessed valuation for the 2002
calendar year. There was no discussion.
Supervisor McNamara moved to set the machinery and tools tax rate at
$3.00. The rnotion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Flora, McNamara, Minnix, Nickens, Church
None
ORDER 032602-5 SETTING THE TAX LEVY ON A CLASSIFICATION
OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN
ROANOKE COUNTY FOR THE CALENDAR YEAR 2002
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in §
58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as
machinery and tools.
2. That the levy for the twelve-month period beginning Janu¡:¡ry 1,
2002, and ending December 31, 2002, be, and hereby is, set for a tax rate of $3.00 per
one hundred dollars of assessed valuation on all taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally
designated as machinery and tools.
On motion of Supervisor McNamara to adopt the order setting the
machinery and tools tax at $3.00, and carried by the following recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church
NAYS: None
INRE:
CITIZEN COMMENTS AND COMMUNICATIONS
James Garris. 3108-D Honevwood Lane, advised that he is still
concerned. about th.e road conditions on Route 419 and 220S corridors and County
connecting roads, and asked that a government and citizen group be forrned to consider
solutions for the problems.
March 26, 2002
199
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor McNamara: He requested that staff bring back a report giving
an estimate of the impact on County revenues of exempting the first $100,000 from the
BPOL tax.
SUDervisor Minnix: He suggested that the Chairman send a letter or that
the Board send a resolution of appreciation to Governor Warner for his quick response
to the recent crisis. He also thanked all the citizens affected by the smoke and fire for
their understanding and advised that most of them had been very supportive of the
County. He thanked the staff and all other agencies for their assistance.
SUDervisor Church: (1) He advised that he thought it very appropriate to
thank the Governor and asked Mr. Mahoney to draft a letter to let the Governor know
that his quick response is appreciated and invite him to come to the area. He thanked
the staff and fellow Board members. (2) He thanked Deputy Clerk Holton for her
assistance during special circumstances and sent best wishes to Clerk Mary Allen.
IN RE:
ADJOURNMENT
Chairman Church adjourned the meeting at 9:45 p.m.
Submitted by,
Approved by,
~~~a~~cL
Chairman
hJ"'.I~ ~ ~
Brenda J. olton, CMC
Deputy Clerk to the Board
200
March 26, 2002
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