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HomeMy WebLinkAbout4/23/2002 - Regular April 23, 2002 239 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 23, 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 April, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 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 IN RE: OPENING CEREMONIES The invocation was given by Reverend William Lee, Loudon Avenue Christian Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added a Closed Meeting pursuant to Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. 240 April 23, 2002 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1, Resolutions of conaratulations to Cave Serina Hiah School: W Bovs Basketball Team for winnina Groue AAA State Chameionshie R·042302·1 Chairman Church, Supervisors Minnix and McNamara presented the resolution and certificates of recognition to the team members and Coaches Hicks and Myers. Principal Cobble, School Board Member Irvin, and School Superintendent Weber were also present. 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 042302-1 OF CONGRATULATIONS TO CAVE SPRING BOYS BASKETBALL TEAM FOR WINNING THE GROUP AAA STATE BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Cave Spring High School Boys Basketball Team won the Group AAA state basketball championship this year, defeating George Wythe High School - Richmond in the state championship game at Liberty University in Lynchburg; and WHEREAS, the team also won the Western Valley District tournament and the Northwest Region championship; and WHEREAS, the Knights demonstrated excellent team basketball with every player contributing to the championship season; and a member of the team, J.J. Redick, was named, among other honors, Player of the Year for the State of Virginia and set an all time record for career points for Virginia High School League; and WHEREAS, the team was inspired by the courage and spirit of their fellow April 23, 2002 241 teammate, Jonathan Fiedler, who displayed the true heart and determination of an exemplary Knight; and WHEREAS, the Knights are coached by Billy Hicks, who was named Northwest Region and Virginia State AAA Coach of the Year, and Assistant Coaches Bob Hicks, Jason Cook, Chris Morris, Steve Buchanan, Randy Meck and Tim Myers. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the CAVE SPRING HIGH SCHOOL BOYS BASKETBALL TEAM: Davey Arthur, Brad Bowers, John Paul Branisteanu, Drake Bushnell, Andrew Davison, Jonathan Fiedler, Tom Hagan, Matt Hamilton, Justin Harris, Ryan Hergrueter, Jake Kaplan, Daniel Payne, Robbie Powell, J. J. Redick and Adam Trumbowerfortheir athletic ability, their team spirit and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches and the school in their future endeavors. 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 L!ù J. J. Redick for an outstandina basketball season and beina named Virainia Plaver of the Year R-042302-2 Chairman Church, Supervisors Minnix and McNamara presented the resolution to J. J. Redick. Coach Hicks was also present. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None RESOLUTION 042302-2 OF CONGRATULATIONS TO J. J. REDICK FOR AN OUTSTANDING BASKETBALL SEASON AND BEING NAMED PLAYER OF THE YEAR FOR THE STATE OF VIRGINIA WHEREAS, J. J. Redick, a senior at Cave Spring High School, had an outstanding season on the basketball team averaging 28.3 points per game as a senior, setting a new record for Virginia High School League state tournament scoring and three point shooting, and setting the all time record for career points for Virginia High School League with a career total of 2,214 points; and 242 April 23, 2002 WHEREAS, J. J. demonstrated his outstanding athletic ability and good sportsmanship throughout the season, and will attend Duke University in the Fall 2002 on a full athletic scholarship where he will play basketball; and WHEREAS, J. J. was selected to play in the McDonald's All-American game in New York where he was named Most Valuable Player after scoring 26 points and where he also won the 3 point contest; and WHEREAS, J. J. received the following honors during the 2001 season: · First Team - All Western Valley District · First Team - All Northwest Region · First Team - AAA Virginia · Player of the Year - Western Valley District · Player of the Year - Northwest Region · Player of the Year - State of Virginia · Second Team Parade All American NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to J. J. REDICK for an outstanding basketball season and being named Virginia State Player of the Year; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to J. J. Redick for continued success in aU his future endeavors. 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 {£l Tom Haaan for an outstandina football season and beina named First Team All-State R-042302-3 Chairman Church and Supervisors Minnix and McNamara presented the resolution to Football Coach Ben Foutz who explained that Tom Hagan was unable to be present as he was playing in a high school baseball game tonight. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None April 23, 2002 243 RESOLUTION 042302-3 OF CONGRATULATIONS TO TOM HAGAN FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO FIRST TEAM ALL-STATE, GROUP AAA WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Tom Hagan, a senior at Cave Spring High School, had an outstanding season as the punter for the football team averaging 42.3 yards on his punts with 15 going inside the 20 yard line, thereby contributing to the Knights season record of 9-2; and WHEREAS, Tom was also named to Second Team - All Western Valley District for basketball; and WHEREAS, Tom has participated in basketball, football and baseball at the varsity level for three years and will attend the University of Virginia in the Fall 2002 on a full athletic scholarship where he will play football and baseball; and WHEREAS, Tom demonstrated his outstanding athletic ability and good sportsmanship throughout the season. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to TOM HAGAN for an outstanding football season and being named to First Team All-State, Group AAA; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to Tom Hagan for continued success in all his future endeavors. On motion of Supervisor Minnix to adopt the resolution of congratulations, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None @ Daniel Pavne for an outstandina football season and beina named First Team All-State R-042302-4 Chairman Church and Supervisors Minnix and McNamara presented the resolution to Danial Payne. His father and Coach Foutz were also present. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None 244 April 23, 2002 RESOLUTION 042302-4 OF CONGRATULATIONS TO DANIAL PAYNE FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO FIRST TEAM ALL-STATE, GROUP AAA WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Daniel Payne, a senior at Cave Spring High School, had an outstanding season on the football team catching 35 passes for 538 yards and five touchdowns, contributing to the Knights' season record of 9-2; and WHEREAS, Daniel demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and WHEREAS, Daniel has participated in football, basketball and track at Cave Spring High School, playing over 100 games during his career. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to DANIAL PAYNE foran outstanding football season and being named to FirstTeam All-State, Group AAA;and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to Danial Payne for continued success in all his future endeavors. On motion of Supervisor McNamara to adopt the resolution of congratulations, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Proclamation declarina week of Mav 5 . 11. 2002 as National Tourism Week in Roanoke County. Chairman Church presented the proclamation to David Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau. Mr. Kjolhede thanked the Board and Director of Parks, Recreation & Tourism, Pete Haislip, for their efforts at promoting the area. He also invited the Board members to attend their annual luncheon meeting on May 9, 2002. IN RE: BRIEFINGS 1, Briefina on Virainia's Exelore Park 2002-2003 Season and UDcomina Oeen House. lRoaer Ellmore. Executive Director) April 23, 2002 245 Mr. Ellmore, on behalf of the Board of Directors of the Virginia Recreational Facilities Authority and the River Foundation, thanked the Board members, Mr. Hodge and staff for their continued support since the partnership agreement was approved in July. He also thanked Chief Financial Officer Diane Hyatt and her staff for their financial assistance and Pete Haislip and his staff for their advice and support of Park operations. He advised thatthe Explore Park staff will make a power point presentation and introduced Scott Saver, Senior Director of Facilities Management, Jo Nelson, Director of Development, Lu Sadler, Director of Marketing and Wendi Schultz, Roanoke County Tourism Events Coordinator. Mr. Sarver advised that visitors to Explore Park will experience different things this year including the new Salem Turnpike, a 1.8 mile road around the Park, and a new and greatly expanded Native American site, Totero Village. He thanked the Roanoke County Sign crew for their assistance in placing signs along the Turnpike. Slone's Grist Mill is expected to open on July 19, 2002, and there is a new shuttle to return visitors to their cars. The park will also host a variety of traveling exhibits from the Virginia Museum of Fine Arts and the Blue Ridge Institute during the 2002 season. Ms. Nelson spoke of the planned events for 2002 including Seniors Day on Thursdays, which was suggested by Supervisor Minnix and other people in the community. She thanked Supervisor Minnix for his help and advised that this day will involve some special services such as more golf cart rides and special discounts to make the park more enjoyable to citizens who are differently-abled. She also advised that the fourth annual Blue Ridge Garden Festival, which will be held in conjunction with the Roanoke Jaycees' 10th annual Roanoke Valley Wine Festival, is planned for June 8 and 9. This event is being 246 April 23, 2002 underwritten by Woods, Rogers and Hazelgrove which will ensure a profit for the Park's education programs. Ms. Sadler described the new Arts and Artisan's Program and advised that the signs on the Parkway and the new Visitor Center are bringing in more people this year. Last year, a combo ticket was introduced along with Mill Mountain Zoo and the Virginia Museum of Transportation and this year, Dixie Caverns and Thomas Jefferson's Poplar Forest are joining the partners. Tickets will go on sale at the beginning of May with an adult ticket costing $25.00 and a children's ticket costing $8.00. She reported on several of the special events which will be held during the year. She advised that Explore Park is having an Open House with free admission on April 28 from 1 p.m. until 8 p.m. and described the specific activities planned. Supervisor Church advised that he was pleased with the progress being made, and Supervisor Minnix expressed his appreciation to all involved for another exciting year at Explore Park. Supervisor Nickens also expressed his appreciation to the staff for their hard work and is looking forward to even greater things at Explore. 2. Briefina on Starliaht Lane Tire Fire. (Dan O'Donnell, Assistant County Administrator and Joev Stume. Fire & Rescue Division Chief) Mr. O'Donnell advised that as of April 16, 2002, the fire was officially declared extinguished which was ahead of what anyone thought possible. He introduced Fire and Rescue Division Chief Joey Stump, On Site Coordinator Chris Wagner, Environmental Protection Agency (EPA), Project Manager Bill Haynes, Earth Tech, and Regional Director Rick Weeks and Deputy Regional Director Norman AUldridge from the Department of April 23, 2002 247 Environmental Quality (DEQ). The original well tests from the neighborhood have come back with no findings of any volatile organic compounds and the surface water quality and environmental conditions are very good. He expressed appreciation to everyone involved for their professional manner, hard work and teamwork in controlling the situation. Division Chief Stump thanked all the agencies and departments including the County departments, staff and Board members for their assistance in extinguishing the fire. Since the last update from Chief Burch, Governor Warner has visited the site. The Governor was instrumental in declaring the emergency on March 24, 2002, which enabled the County to receive the assistance necessary. At this point, the Fire and Rescue department are assisting the continuing efforts of the EPA and DEQ Ms. Wagner advised that at the invitation of Dr. Weber, she and Division Chief Stump spoke to the students at Penn Forest Elementary School yesterday for Earth Day. This was the school most impacted by the fire and she enjoyed the interaction with the students. She advised that they have been working on the soil and erosion plans for the areas that were destroyed by the fire and thanked County Engineer George Simpson and his staff for their support. Samples necessary for the disposal of the waste on the site have been collected and are at the laboratory now. Requests for bids have been sent out to disposal facilities and are expected back this week. They still have to take additional samples to determine the extent of contamination and if there are any additional response actions needed. She advised that this was a joint effort with EPA and Earth Tech and expressed her appreciation to Mr. Haynes from Earth Tech. She advised that this is the company that provides the equipment to make the roads, move the debris and collect the tires and they are a big part of the operations. The most important accomplishment over 248 April 23, 2002 the past week is that many of the tires have been removed from the site and this is primarily due to the efforts of the DEQ. Mr. Weeks introduced Mr. Auldridge who will become the DEQ Regional Director since Mr. Weeks has been appointed DEQ Deputy Director. Mr. Weeks advised that DEQ has been working with EPA to remove the tires and solid waste on the site. Once they have all of the results from the EPA testing, the next phase will be determined but at this time, it looks as if the area escaped any serious damage. Chairman Church expressed appreciation to all those involved. Mr. Weeks advised that the state, local and federal cooperation has exceptionally served the public in this crisis and should serve as a model for future situations. At the invitation of Chairman Church to speak, Mr. Haynes, project manager and EPA cleanup contractor from Earth Tech, advised that he has been to 13 different cities and has never received as much help as he has from the local and state agencies on this assignment. He was very pleased to be able to clean up the site. INRE: NEW BUSINESS 1, Reauest to adoet fiscal vear 2002·2003 budaet for Schools. (School Board Chair Bill Irvin and Dr. Linda Weber. School Sueerintendent) A-042302-5 School Board Chair Bill Irvin advised that they are pleased to offer Roanoke County School employees a reasonable raise and thanked the County staff and Board of Supervisors for working with the Schools to achieve this. Dr. Weber advised that she appreciates the working relationship between the School Board and the Board of April 23, 2002 249 Supervisors and indicated that they all really do put children first. She was very impressed with the firefighters who were involved with the Starlight Lane Fire and expressed appreciation to DEQ and EPA for providing information that they could relay to the children and parents. The total School budget is $102 million and the transfer of funds from the County is $54,693,491 which allows primarily for a 2.5% raise and to keep in place some of their programs already started such as reductions in class size. She advised that Penny Hodge, Director of Finance and Budget for the Schools, and Diane Hyatt, Chief Financial Officer for the County, were available to answer questions if necessary. Chairman Church thanked Dr. Weber, Chairman Irvin, Assistant Superintendent Tom Hall, and Ms. Hodge for their efforts on the budget. Supervisor Nickens moved to approve the School budget for the fiscal year 2002-2003 as presented. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Reauest to adoet fiscal vear 2002-2003 budaet for Roanoke Valley Television. (Elaine Simeson. Cable Access Director) A-042302-6 Ms. Simpson advised that Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV). The initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications in the amount of $480,000. The studio is located at the Jefferson Center, and currently employs five full time staff members. The staff produces videos and shows for the local governments and school systems, which are cablecast along with government 250 April 23, 2002 meetings on Cox Communications Channel 3 and Adelphia Communications Channel 3 in the West County area. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVTV is provided by the three governments, based on the proportion of Cox customers located in each jurisdiction. The governing bodies have informally agreed to provide up to 20% of the franchise fee paid by Cox Communications to fund the operations of the facility. Roanoke County's share of the cable budget is 40%. During 2001-2002, RVTV has produced the following for the County: 49 videos and television shows, 23 live Board meetings, and upkeep of the Message Board. Samples of RVTV productions include: Fee For Ambulance Transport for the County Fire & Rescue Department, Spring Hollow Reservoir, and School Within A School. RVTV television shows include: Roanoke County Today, Accent Excellence, and Roanoke County Business Partners. RVTV staff members are responsible for writing original scripts, videography, graphic design, and video editing. During the past year, video production has increased by 13%, 20 additional half hour television shows have been produced for a 51 % increase, and the average hours of programming per month has increased by 11 %. During the past year, RVTV implemented robotic cameras to cover both the Board of Supervisors and City Council meetings. The new technology enabled RVTV to cover the meetings with two staff members versus four, thus improving overall productivity. The approximate rate for video production in the private sector is $1 ,000.00 per finished minute. Roanoke Valley Television produced a total of 103 Video Productions last year for the three localities and their school systems. Ms. Simpson requested that the Board approve the Roanoke Valley Cable Television Committee budget for the Fiscal Year 2002-2003 for the operation of RVTV, April 23, 2002 251 which is a -.99% decrease from last year's budget in the amount of $1 07,154. This budget includes funding for closed captioning services for the Board of Supervisors Meetings. RVTV staff is part of the County system and benefits will be the same as received by other County employees. The total RVTV budget request is $267,885 with the County's share being $107,154, and a $692 decrease from last year's budget. The total franchise fee paid by Cox to the County last year was $687,574 with 20% of that being $137,515. Supervisor Nickens advised that he serves on the Roanoke Regional Cable TV Committee and he commended Ms. Simpson and the RVTV staff for their qualitywork. Chairman Church thanked Ms. Simpson and staff for their efforts in keeping the citizens informed. Supervisor Nickens moved to approve the budget. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 3. Reauest for aeeroval of the transition of the Cave Serina Recreation Foundation into two entities. (Pete Haislie. Director. Parks. Recreation & Tourism Deeartment) A-042302-7 Mr. Haislip advised that Ms. Pitts, Assistant Director of Recreation, will be presenting the staff report and she deserves a lot of the credit for reaching a solution of this matter for the benefit of the children of Roanoke County. He thanked Mr. Hodge, Mr. O'Donnell, and Supervisors Minnix and McNamara for their input into this issue. Ms. Pitts advised that this is a request for approval of a transition plan for the 252 April 23, 2002 Cave Spring Recreation Foundation and Hidden Valley Youth Sports Association, Inc. to allow both clubs to provide youth sports programs in Southwest County. Windsor Hills and Cave Spring have historically been part of the Cave Spring Recreation Foundation. With the opening of the new Hidden Valley High School, some members wanted to establish a separate Hidden Valley Youth Sports Association. The Association has applied for and received 501 C 3 status for fund-raising purposes. The newly formed Hidden Valley Youth Sports Association submitted a sanctioning application to the Parks, Recreation, and Tourism Department in December 2001. They requested sanctioning to organize youth football, cheerleading, and basketball teams with children residing in the Hidden Valley High School feeder schools district. The Parks, Recreation, and Tourism Department, in accordance with the County adopted policies in the Community Use Manual, could not approve this request because it would duplicate the services already being provided by the sanctioned Cave Spring Recreation Foundation. The Board directed staff to work with the clubs and the Parks and Recreation Advisory Commission to develop a recommendation. After numerous meetings with the Cave Spring and Hidden Valley Clubs and the Advisory Commission, a four-year transition plan was developed for the eventual separation of the clubs into two separate clubs serving the Cave Spring High School and Hidden Valley High School districts. The draft transition plan was submitted to and approved by the Parks and Recreation Advisory Commission at their regular meeting on April 18, 2002. The plan sets in place how teams will be formed, determines how revenues and expenses will be handled, distinguishes between operating and fund raising revenue and capital, and how to communicate all the changes to the community. The Parks and Recreation Department will develop a newsletter for Southwest County to explain in detail about the transition. The eventual separation of the clubs will occur in April, 2005. This transition plan allows the April 23, 2002 253 County time to evaluate the success of the plan, and the impact to the community and children before separation occurs. She advised that members of both clubs are now in agreement with the plan and if adopted by the Board, both will sign the agreement today. Ms. Pitts introduced Barbara Sharrer, President, Cave Spring Recreation Foundation, and Mark Dudley, President, Hidden Valley Youth Sports Association, Inc. Also present were Jim King, Billy Booth, and Susie Neighbors from Hidden Valley Youth Sports Association and Alan Woodrum, Butch Osborne, and Tina Cook from the Cave Spring Recreation Foundation. Present from the Parks and Recreation Advisory Board were Paul Bailey, Cave Spring District representative, and Jerry Williams, member at large. Chairman Church thanked everyone involved for the hard work that went into reaching this transition plan. Ms. Pitts asked that the Board approve the staff recommendation which has three parts: (1) adopt the transition plan with some final minor revisions that may be needed and will be added today before the agreement is signed; (2) sanction the Hidden Valley Youth Sports Association according to the terms in the transition plan with the understanding that they will be a part of the Cave Spring Recreation Foundation throughout the transition period; and (3) the Parks, Recreation & Tourism Department will continue to work with these groups during the transition. Supervisors Minnix and McNamara each expressed their appreciation to everyone involved for their cooperation and hard work to reach the compromise agreement. Supervisor McNamara moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 254 April 23, 2002 4. Resolution of succor! for U. S. House Joint Resolution 81 restorina reliaious freedom. (Elmer Hodae. County Administrator) R-042302-8 Mr. Hodge advised that this item was placed on the agenda at the request of Chairman Church. He supports the resolution and asked for the Board's approval. Supervisor Church advised that is a request to support a House Joint Resolution which Congress passed by a two-thirds majority in December, 2001. The resolution is asking to undertake a nationwide grass roots effort to restore the freedom to pray in public schools which already exists in public offices, governmental agencies, and Congress, and to do so without discrimination or dictating any religion or prayer method. He received this resolution from Washington County, Pennsylvania, with the information that counties in 44 states have already adopted the resolution and 250 are locations in the process of deciding on support. In the City of Pittsburgh, Pennsylvania, a newspaper and telephone survey was done after the resolution of support was issued, and overwhelmingly 88% were in favor. He advised that the tragic events of September 11, 2001, reinforced to everyone that the future is uncertain and in times of crisis, the nation turns to prayer. He did not contact any of the Board members before this meeting because this is an individual decision of conscience. He asked that the Board adopt the resolution. Supervisor Nickens advised that the resolution in the fourth paragraph asks to reinstate prayer in the public schools, and asked Mr. Mahoney if prayer was excluded in public schools. When informed by Mr. Mahoney that it was not, there was a discussion of substitute language for the fourth paragraph. Mr. Hodge suggested to replace "reinstate April 23, 2002 255 prayer" with "reaffirm the opportunity for prayer." Supervisor McNamara advised that he does not believe prayer or religion is dead in the United States. His concern is that he was elected to the Board to influence or make changes in the areas that are within what he considers the Board's area of influence and approval of a resolution to support a constitutional amendment is outside of that area. He advised that the County schools do have a minute of silence which gives the opportunity to pray. He thinks that the Constitution serves us well and the Board should not intervene in this area. Supervisor Minnix advised that he was in favor of prayer in public schools and believes that more than a minute of silence in schools is needed. Supervisor Church advised that he feels a minute of silence is not enough time to pray. People look to their leaders to take a stand on issues and this would be support for a resolution that two-thirds of Congress has already approved. Supervisor Flora advised that he supports approval of the resolution and that because of the lowering ofthe moral code, he believes some drastic action is needed. Any constitutional amendment will come back to the states for adoption since it has to be approved by 44 of the states, and they will look to the local governing bodies for direction at that time. Approval at this time would not be stepping outside of the Board's area of control. After further discussion of the language in the resolution, Mr. Mahoney suggested that the fourth paragraph of the resolution be changed to read as follows: Whereas, the Roanoke County Board of Supervisors urges all cities and counties across the United States to support H. J. Resolution 81. Mr. Mahoney asked if the Board wanted to add this to their legislative program and ask the General Assembly when it reconvenes 256 April 23, 2002 in 2003 to consider this matter. Supervisor Church advised that upon passage of the resolution, the action of sending a copy to the Roanoke Valley's state and federal legislators would suffice. Supervisor Church moved to adopt the resolution as revised. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, Minnix, Nickens, Church Supervisor McNamara RESOLUTION 042302-8 OF SUPPORT FOR U. S. HOUSE JOINT RESOLUTION 81 RESTORING RELIGIOUS FREEDOM WHEREAS, our Country was founded on the precepts of freedom, liberty, diversity and the right of people to acknowledge God according to the dictates of conscience; and WHEREAS, neither the United States nor any State shall establish any official religion, but the people's right to pray and to recognize their religious beliefs, heritage and traditions on public property, including schools, shall not be infringed; and WHEREAS, the United States and the States shall not compose school prayers, nor require any person to join in prayer or other religious activity; and WHEREAS, the Roanoke County Board of Supervisors urges all cities and counties across the United States to support H. J. Resolution 81. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors strongly supports House Joint Resolution 81 introduced in the 107th Congress, 1 st Session on December 20, 2001. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: Supervisor McNamara IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for May 28, 2002. The motion carried by the following recorded vote: April 23, 2002 257 AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None 1, First readina of ordinance to rezone 3.33 acres from C·2. General Commercial District with conditions to C-2 General Commercial District with amended conditions and to obtain a Seecial Use Permit on a 4.20 acre earcel to exeand mini-warehouses. located at 2205 Washinaton Avenue. Vinton Maaisterial District. ueon the eetition of Winter Proeerties Partnershie. LLP. 2. First readina of ordinance to rezone 7.883 sauare feet from C-2. General Commercial District. to R-3C. Medium Densitv Multi- Familv Residential District with condition. located at the south side of U. S. 11 at North Brook Drive. Hollins Maaisterial District. ueon the eetition of Barrens Develoement Coreoration. 3. First readina of ordinance to obtain a seecial use eermit for a reliaious assemblv on 1 acre. located at4108 Electric Road. Cave Serina Maaisterial District. ueon the eetition of Haven of Hoee Community Church. INRE. SECOND READING OF ORDINANCES 1, Second readina of ordinance authorizina creation of and financina for a local Public Works Imerovement Proiect - Joe Carrol Road Water Proiect. Catawba Maaisterial District. (Garv Robertson. Utility Director) 0-042302-9 Mr. Bob Benninger, Assistant Utility Director, advised that seven of the ten property owners involved agreed to participate and they would pay the per property connection fee of $5,000 with the County funding the Basic Construction Cost of $3,655 for the non-participating properties. The cost to connect at a later date would be $7,076. Supervisor Church moved to adopt the ordinance. The motion carried by the 258 April 23, 2002 following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 042302-9 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, JOE CARROLL ROAD 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 Joe Carroll Road community; and WHEREAS, the extension of the public water system and 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 at an interest rate of 8%; and WHEREAS, the first reading ofthis Ordinance was held on Apríl9, 2002, and the second reading was held April 23, 2002; and 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 the Joe Carrol Road community. The total construction cost of this public water project is estimated to be $36,550.00, to be initially financed as follows: Citizen Participation (6 at $3,655 each) $21,930 Advance from the Public Works $14,620 Participation Fund TOTAL $36,550 That there is hereby appropriated for this project the sum of $14,620 from the Public Works Participation Fund. 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 "Joe Carrol Road Water Petition Project" prepared by the Roanoke County Utility Department, dated April 9, 2002. The Joe Carrol Road Water Petition Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service April 23, 2002 259 area by paying at a minimum the sum of $5,000 ($3,655 toward construction costs plus, plus $1,345 toward the off-site facility fee) 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 July 23, 2002, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 1 0 years at an interest rate of 8% per annum. Down payment of $1,345.00 will be applied to the off-site facility fee. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) 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. (d) Property owners who wish to participate after the July 23, 2002 deadline (other than new property owners) shall pay a minimum of $7,076 [$3,655 construction costs plus 20% (plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690)]. New property owners (defined as persons who acquire ownership of real estate within the Project Service Area after the date of the adoption of this Ordinance) shall have ninety (90) days from the date of their acquisition of the real estate to participate in and benefit from the public water/sewer extension to this service area by the payment of $5,000, said costs to be paid in full and in advance of connection to the public water/sewer extension. New property owners are not eligible to participate in the installment financing payment method described above in paragraph 3. 4. That the payment by citizens in the project service area, in excess of those anticipated in 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; any further payment of construction costs 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. On motion of Supervisor Church to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: APPOINTMENTS 260 April 23, 2002 1, Roanoke Vallev Greenwav Commission Supervisor Minnix requested that Deputy Clerk Holton contact Don Witt to determine if he would like to serve another term. INRE: CONSENT AGENDA R-042302-10: R-042302-10.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 042302-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as 1. That the certain section of the agenda of the Board of Supervisors for April 23, 2002, 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 6, inclusive, as follows: 1. Approval of Minutes - December 18, 2001 and February 25, 2002 2. Confirmation of Committee appointment to the Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals. 3. Request from School to appropriate $5,597.26 from the Department of Education for postage to mail School Performance Report Cards. 4. Request from Police Department for acceptance of $500 grant from State Farm Insurance Company for purchase of child safety seats and related installation materials. 5. Request to place two Watch for Children signs on Barrens Village Lane. 6. Acceptance of Local Government Challenge Grant from the Virginia Commission for the Arts. April 23, 2002 261 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 042302-10.dTO THE TRANSPORTATION COMMISSIONER REQUESTING A "WATCH FOR CHILDREN" SIGN WHEREAS, the General Assembly enacted an amendment to the Code of Virginia, adding Section 33.1-210.2 regarding the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, the Board of Supervisors along with the Virginia Department of Transportation staff institute a local policy, and WHEREAS, a petition has been received that meets both Roanoke County and the Virginia Department of Transportation guidelines, and WHEREAS, the homeowners of Nicholas Hill Lane have agreed to fund the installation of the sign, NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street location be reviewed for a "Watch for Children" sign, pursuant to Section 33.1-210.2, Code of Virginia: Sign Location: On Barrens Village Lane at the following two intersections: -Barrens Road and Barrens Village Lane -Deer Branch Dr and Barrens Village Lane. 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: Supervisor McNamara None Required Supervisors Flora, McNamara, Minnix, Nickens, Church None INRE: REQUESTS FOR WORK SESSIONS 1. Reauest for work session on June 11. 2002 to discuss Business. Professional & Occueational License IBPOL) taxes. Supervisor Minnix advised that he will not be at the June 11,2002 meeting. It was the consensus of the Board to schedule the work session for June 25, 2002. 262 April 23, 2002 2. Reauest for work session on Mav 14. 2002 with Senior and Challenaed Commission to discuss Cortran. It was the consensus of the Board to schedule the work session for May 14, 2002. IN RE: REQUESTS FOR PUBLIC HEARINGS 1, Reauest for eublic hearina on Mav 14. 2002 at 7:00 e.m. for eublic comments on the eroeosed budaet for fiscal vear 2002- 2003. It was the consensus of the Board to schedule a public hearing on May 14, 2002. INRE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 1. General Fund Unaeeroeriated Balance 2. Caeital Fund Unaeeroeriated Balance 3. Board Continaency Fund 4. Future School Caeital Reserve 5. Accounts Paid - March 2002 6. Statement of Exeenditures and Estimated and Actual Revenues for the month ended March 31. 2002 April 23, 2002 263 7. Statement of the Treasurer's Accountabilitv eer Investment and Portfolio Policv. as of March 31. 2002 8. Reeort of Claims Activitv for the Self-Insurance Proaram. Third Quarter ended March 31. 2002 9. Proclamations sianed bv the Chairman 10. Reeort from VDOT of chanaes to the Secondary Road Svstem in March. 2002 INRE: CLOSED MEETING At 5:17 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: ABSENCE Supervisor Minnix advised that he would be late for the 7:00 p.m. evening session because he would be attending the Cave Spring High School Honors Award Ceremony. INRE: WORK SESSION 264 April 23, 2002 1, Work Session to review the County Budaet for fiscal vear 2002- 2003. The work session was held from 5:17 p.m. until 6:17 p.m. Budget Director Brent Robertson reviewed the proposed budget including revenue projections, expenditure summaries, and sources and uses of available funds. Mr. Hodge and Ms. Hyatt were also present and responded to questions. Mr. Robertson advised that the state has reduced reimbursement funding for the Constitutional Officers by $297,000; however, the state also provided enabling legislation for localities to impose sheriff's fees for convictions of certain traffic and criminal cases. These fees are estimated to generate $281 ,000 of revenue. The proposed budget includes this $281,000 from sheriff's fees and does not reduce the budgets of the constitutional officers. The budget also includes $487,500 revenue from fire and rescue fees. It was the consensus of the Board that the funding for the Constitutional Officers, except for the Commonwealth's Attorney, will be at same level as last year and that the County will not provide any additional funding to cover the state reductions. The Board agreed to fund the Commonwealth's Attorney's reduction of approximately $32,000 because of the significant impact that the state reduction would have on the County Attorney's office. The Board also agreed that the County will not go forward with implementing the three additional fees following convictions on certain offenses as allowed by recent legislation. Since there was insufficient time for the Board to come to a consensus on the amount of contributions to the human, service, cultural tourism and otherorganizations, it was the consensus of the Board to continue the work session after the evening session. April 23, 2002 265 IN RE: CLOSED MEETING The Closed Meeting was held from 6:20 p.m. until 7:00 p.m. INRE: CERTIFICATION RESOLUTION R-042302-11 Supervisor Church moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None RESOLUTION 042302-11 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 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 member's 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 266 April 23, 2002 Chairman Church recognized Kathleen Roe, who was accompanied by her father, Tim Roe. Ms. Roe was attending the Board meeting as a community service assignment for civics class. INRE: POSTPONEMENT OF PUBLIC HEARINGS AND SECOND READINGS Chairman Church announced that several public hearings have been postponed to meet the legal notice requirements. He also advised that the petitioners have agreed to the postponement and that the adjoining property owners have been notified. He asked Deputy Clerk Holton to read the titles of the public hearings and announce the dates of postponements. 1, Second readino of ordinance to obtain a Seecial Use Permit to oeerate a reliaious assemblv on 15.652 acres located on Red Lane Extension on Interstate 81. Catawba Maaisterial District. upon the eetition of Fellowshie Community Church. POSTPONED UNTIL MAY 14. 2002 AT 7:00 P.M. Ms. Holton read the title of the agenda item and advised that this public hearing has been postponed until May 14, 2002 at 7:00 p.m. 2. Second readina of ordinance to obtain a Seecial Use Permit to oeerate a erivate stable on two earcels with the total acreaae of 34.07 acres located between 6341 and 6545 Corntassel Lane. Windsor Hills Magisterial District. ueon the eetition of Raleh T. Henrv. POSTPONED UNTIL MAY 14.2002 AT 7:00 P.M. Ms. Holton read the title of the agenda item and advised that this public hearing has been postponed until May 14, 2002 at 7:00 p.m. 3. Second reading of ordinance to rezone two earcels of .797 and 1.290 acres from R-1 to Co2 General Commercial District and R-2 Residential District to C-2 General Commercial District for a Motel/Motor Lodae located on 8008 Plantation Road and 7929 Carvin Street. reseectivelv. Hollins Maaisterial District. ueon the eetition of Hollins Hoseitalitv. POSTPONED UNTIL MAY 28. 2002 AT 7:00 P.M. April 23, 2002 267 Ms. Holton read the title of the agenda item and advised that this public hearing has been postponed until May 28,2002 at 7:00 p.m. INRE: ABSENCE Supervisor Minnix left the meeting at 7:20 p.m. and returned at 7:40 p.m. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1, Second readina of ordinance to rezone 15 acres from 1-1 C Industrial District with conditions to C-1 Commercial District and to obtain a seecial use eermit for a reliaious assemblv and davcare located on 5022 Hollins Road. Hollins Maaisterial District. ueon the eetition of Fellowshie Baetist Church. (Janet Scheid. Chief Planner) (CONTINUED FROM MARCH 26. 2002) Ms. Scheid advised that this site has been included in industrial studies by the County since 1981. Currently the existing land use pattern along Hollins Road is industrial development with water and sewer capacity available for an industrial use at this site. The Virginia Department of Transportation has Hollins Road on its six-year plan to be improved to five lanes to accommodate industrial vehicle circulation. The site has been graded to accommodate two industrial pads. The petitioners are proposing a two-phase project with phase one including a day care multi-purpose facility of approximately 12,000 square feet with construction to begin two years after purchase of the property. Phase Two will be the sanctuary and construction would begin three to five years after completion of Phase One. The church's current location has a capacity of 1,000 seats with a 268 April 23, 2002 membership of approximately 300. It is staffs understanding that the proposal is to build an approximately 35,000 square foot building on this site for the church. The site was designated as principal industrial in the 1998 Community Plan and is also designated as an economic opportunity area in that same plan. Goals for these industrial areas include creating an effective business environment which fosters the growth and prosperity of existing businesses and industry, seeking new business development and investment in areas planned and designated as economic opportunity areas, and recognizing that land suitable for development is in low supply. The Planning Commission members indicated a great deal of concern over losing an industrial site and the belief that if a 35,000 square foot church could go on the site, it could be used for an industrial purpose. At the Planning Commission meeting, the petitioner advised that there were site characteristics that prevented this from being a good industrial site but the Planning Commission voted unanimously to deny the request because they did not have any evidence to discredit this site for industrial purposes. Supervisor McNamara asked if the planing staff had received a copy of a letter from Attorney Wetherington and reviewed the information. Ms. Scheid advised that the letter with information was received but she had not been able to verify the information. She advised that the information contains estimates from two different contractors to grade this property down to road grade which involves taking 20 feet from the site, and her opinion is that this is not necessary in order to use this site for industry. In response to Supervisor McNamara's inquires about the slope figures in the letter, Ms. Scheid did not have the time and opportunity calculate the slope figures. April 23, 2002 269 In response to Supervisor Flora's inquires about marketing of the site, Ms. Scheid said that the site has been on the County's web site for at least two years with inquiries going to the owner of the property; however, the history of the site probably goes back to 1994. She advised that the Planning Commission had a lot of questions about whether the property was actively marketed and if the price was appropriate. The petitioner advised that they have been unable to sell the property as an industrial site. In response to Supervisor Nickens' inquiries, Ms. Scheid advised that at the Planning Commission, it was stated that the property was originally marketed at around $900,000 and that within the last six to eight months, has dropped to around $350,000. There is a contract pending with the church. In response to Supervisor Flora's observation that the County has attempted to market this site for eight years, Mr. Hodge advised that the County never really pushed marketing of the property since the County does not own it or have a contract on it. Originally, this was the site chosen for Hanover Direct and when they discovered rock at the site, they moved to their present location because they needed a 500,000 foot pad with the ability to double that amount. The County had hoped that the site could be marketed for a smaller industrial site or a series of buildings. Supervisor Nickens advised that he is concerned that a currently zoned industrial parcel is being asked by the petitioner to be removed from a tax generating base for the County, and also whether the property should have been marketed at a more realistic price. He suggested that the County and economic development staff have more time to review these documents to determine if this is an appropriate down-zoning from industrial property to not-for-profit property. "~ 270 April 23, 2002 Supervisor Minnix advised that he was leaving to attend the Honors Ceremony at Cave Spring High School and would return as soon as possible. Mr. Don Wetherington, Attorney for Fellowship Baptist Church, displayed a drawing of the project. He introduced Pastor Mike Ward, David Batten, J. H. Batten, Inc. General Contractor from Winston-Salem, NC, and Jim Harvey, Friendship Manor. Also present were many members of the church in support of the petition. He advised that the church will celebrate 50 years of service this coming June and is located on Murray Avenue in Roanoke City. He described the reason for the church wanting to move and construct new facilities and advised that he has six pages of signatures of people who are not church members but in support of the petition, and two pages of church members who live in the County and are supportive. Mr. Wetherington advised that he understands that the property is zoned industrial but this is deceiving since it is not an industrial property. The history goes back before 1994 when Hanover Direct rejected the property because it was not feasible for their purposes when they discovered solid bedrock throughout the property. The property has been marketed since that time for an industrial user without success. Mr. Wetherington advised that according to Mr. Harvey, the price on the property was $400,000 from March 2000 to March 2001 with no interest. He cannot find documentation but he believes that the $900,000 price came into being after Hanover Direct rejected the property and the owner spent about $400,000 to make the site acceptable for industrial purposes. Mr. Wetherington discussed the contents of the information which was prepared after the meeting with the Planning staff to refute the industrial designation on this site. He discussed the findings of two contractors who determined that the site is not appropriate for industrial uses because of the elevation and a site this size would be expected to have April 23, 2002 271 tractor trailer traffic. There would be considerable costs in the millions of dollars to adapt this property to an industrial use for the removal of 50% rock and 50% soil. Mr. Wetherington advised that he understands that the Board may need additional time but the property is under contract to the church and the church has paid a price to extend the contract which expires Friday. He advised that the church has no assurance that they can have an extension beyond this Friday. He asked that the Board approve the rezoning and special use permit so that the church can move forward, purchase the property and construct their facilities. At 7:40 p.m. Supervisor Minnix returned to the meeting. Mr. David Batten advised that his firm is a general contractor, has experience with site development, and has built many commercial and industrial projects including churches. Supervisor Nickens advised that the County staff has not had the time to review the alternative to having one occupant with tractor trailer traffic. Mr. Batten advised that his firm did not ever propose grading the site to the road level but grading 12 feet preferable and 10 feet as an alternative which would be almost half of the plateau. There would still be an incline but acceptable for tractor trailer and other traffic. He advised that the geo-technical reports show a nob of rock under the surface and there is a small amount of surface dirt. In response to Mr. Hodge's suggestion, he advised that they did not recommend grading of the road and not the site. Pastor Ward responded to several questions from Supervisor Church concerning the church, its members, and plans for expansion. In response to Supervisor Nickens' inquiry about the expiration of the Church's contract on Friday, Pastor Ward advised that it would be costly for the church to get another extension even if Friendship 272 April 23, 2002 Manor is willing to give them another extension. When questioned by Supervisors Nickens and Church, Mr. Harvey advised that he did not have the authority to grant the extension but he felt confident that an extension would be granted from one non-profit organization to another to be good neighbors. Mr. Wetherington advised that if a postponement is the alternative to the request being denied, they would agree to the postponement. Supervisor Flora moved to continue the public hearing until May 14, 2002 at 7:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Second readina of ordinance vacatina and closina an unimeroved and unused eortion of a 25-foot right-of-wav known as "Jones Street" Section 1. Dwiaht Hills. Hollins Maaisterial District. ueon the eetition of Mr. and Mrs. William Reedv. (Arnold Covev. Director of Communitv Develoement) 0-042302-12 Mr. Covey reported that there have been no changes since the first reading ofthe ordinance and requested approval of the vacation, subjectto the reservation of a 10- foot water/sewer easement and a 10-foot public utility easement. There were no discussion and 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 NAYS: None April 23, 2002 273 ORDINANCE 042302-12 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF 25' RIGHT-OF-WAY KNOWN AS JONES STREET LYING ADJACENT TO LOTS 12 (TAX MAP #27.13-6-41) AND 13 (TAX MAP #27.13-6-15), BLOCK 3 AND LOT 12, BLOCK 5 (TAX MAP # 27.13-6-14), IN SECTION NO.1, DWIGHT HILLS SUBDIVISION SHOWN IN PLAT BOOK 3, PAGE 5, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Petitioners William N. Reedy and Deborah E. Reedy are the owners of a parcel of land adjacent to a portion of Jones Street, said parcel including Lot 12, Block 3, of 'Map of Section No.1, Dwight Hills', recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 5, and designated on the Roanoke County Land Records as Tax Map #27.13-6-41; and, WHEREAS, Fay Whitlow Old and Gene D. Whitlow are the owners of a parcel of land adjacent to a portion of Jones Street, said parcel including Lot 13, Block 3, of 'Map of Section No.1, Dwight Hills', recorded in the aforesaid Clerk's Office in Plat Book 3, page 5, and designated on the Roanoke County Land Records as Tax Map#27.13-6-15; and, WHEREAS, Michael C. Prillaman and Sheri M. Prillaman are the owners of a parcel of land adjacent to a portion of Jones Street, said parcel including Lot 12, Block 5, of 'Map of Section No.1, Dwight Hills', recorded in the aforesaid Clerk's Office in Plat Book 3, page 5, and designated on the Roanoke County Land Records as Tax Map #27.13-6-14; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the portions of Jones Street adjacent to the above-described lots; and, WHEREAS, Jones Street is an unimproved and unused right-of-way, 25' in width, as shown and created on the plat entitled 'Map of Section No.1, Dwight Hills' recorded in the aforesaid Clerk's Office in Plat Book 3, page 5, a portion of which has previously been vacated; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 9, 2002; the public hearing and second reading of this ordinance was held on April 23, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That portions of the unimproved, unused right-of-way known as Jones Street, situate in the Hollins Magisterial District, measuring 25' in width and extending approximately 260' in length adjacent to Lots 12 and 13, Block 3, of Section No.1, Dwight Hills (Tax Map Nos. 27.13-6-41 and 27.13-6-15, respectively), and extending approximately 130' in length adjacent to Lot 12, Block 5, of Section No.1, Dwight Hills (Tax Map No. 27.13-6-14), being shown and created on the plat entitled 'Map of Section No.1, Dwight Hills' recorded in the aforesaid Clerk's Office in Plat Book 3, page 5, and further shown and highlighted on Exhibit A attached hereto and incorporated herein, be, and hereby is, 274 April 23, 2002 vacated and closed to the extent that any public or County interest may exist, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water and sewer easement,1 0' in width, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water and/or sewer lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as New 10' S.S. and Water Easement on the 'Map Showing Portions of Jones Street Being Vacated and New S.S., Water and Public Utility Easements To Be Retained', dated March 28, 2002, prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That a perpetual public utility easement, 10' in width, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained for the benefit of public utility companies. The location of said easement is shown and designated as New 10' P.U. Easement on the 'Map Showing Portions of Jones Street Being Vacated and New S.S., Water and Public Utility Easements To Be Retained', dated March 28, 2002, prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. c. Thatfee simple title to the subject portions of Jones Street shall vest as provided by law, subject to the easements reserved in subparagraphs a. and b. above and subject to the condition that the vacated areas of land shall be added and combined to the adjacent properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. d. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 2. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 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 3. Second readina of ordinance vacatina a 15-foot drainaae April 23, 2002 275 easement. Section 15. Penn Forest and Section 18. Penn Forest and vacatina a 40-foot drainaoe easement. Section 15. Penn Forest. Cave Serina Magisterial District. ueon the eetition of James F. Kinder. Jr.. Jacaueline M. Kinder. Carol H. Beralund and Scott W. Beralund. Co-Trustees. (Arnold Covev. Director of Communitv Develoementl 0-042302-13 Mr. Covey advised that there have been no changes since the first reading and requested approval of the ordinance. There was no discussion and no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 042302-13 TO VACATE A 15' DRAINAGE EASEMENT DEDICATED ACROSS LOT 10, BLOCK SS, PLAT OF SECTION NO. 15, PENN FOREST,IN PLAT BOOK 9, PAGE 139, RESUBDIVIDED BY PLAT IN DEED BOOK 1192, PAGE 350, AND ACROSS LOT 1, BLOCK UU, PLAT OF SECTION NO.18, PENN FOREST, IN PLAT BOOK 9, PAGE 331, AND TO VACATE A 40' DRAINAGE EASEMENT ACROSS LOT 10, BLOCK SS, SECTION 15, PENN FOREST, CREATED BY PLAT RECORDED IN DEED BOOK 1225, PAGE 1693, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by 'PLAT OF SECTION NO. 15, PENN FOREST', dated January 17, 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 139, a fifteen-foot (15') drainage easement was dedicated on Lot 10, Block SS, the subject easement being designated on said plat as "15' D.E."; and, WHEREAS, the subject easement is further shown as "15' DRAINAGE EASEMENT" on 'Plat Showing Resubdivision of Lot 10, Block SS, Section 15, Penn Forest (P.B. 9, Pg. 138)', dated December 17,1982, and recorded in the aforesaid Clerk's Office in Deed Book 1192, page 350; and, 276 April 23, 2002 WHEREAS, by 'PLAT OF SECTION NO. 18, PENN FOREST', dated June 13, 1985, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 331, a fifteen-foot (15') drainage easement was dedicated on Lot 1, Block UU; and, WHEREAS, by 'PLAT SHOWING NEW 40' WIDE DRAINAGE EASEMENT HEREBY DEDICATED TO ROANOKE COUNTY BY REGION PROPERTIES, INC. ...' recorded in the aforesaid Clerk's Office in Deed Book 1225, page 1693, a forty-foot (40') drainage was created and shown across Lot 10, Block SS, Section 15, Penn Forest, the subject easement being designated thereon as "NEW 40' DRAIN. ESMT."; and, WHEREAS, the Petitioners, James F. Kinder, Jr. and Jacqueline M. Kinder are the current owners of Lot 10, Block SS, Section 15, Penn Forest, said lot being designated upon the Roanoke County Land Records as Tax Map No. 87.09-4-25, and Petitioners Carole H. Berglund and Scott W. Berglund, Co-Trustees of the Carole H. Berglund Revocable Trust, are the current owners of Lot 1, Block UU, Section 18, Penn Forest, said lot being designated upon the Roanoke County Land Records as Tax Map No. 87.09-8-1; and, WHEREAS, the stormwater drainage has been redirected and the subject drainage easements are no longer required and Petitioners have requested that said easements be vacated pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 9, 2002, and the public hearing and second reading of this ordinance was held on April 23, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the fifteen-foot (15') drainage easement being designated and shown as "15' Drainage Easement To Be Vacated" on Exhibit A attached hereto, said easement having been dedicated on 'PLAT OF SECTION NO. 15, PENN FOREST', dated January 17, 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 139, and further shown on resubdivision plat recorded with declaration in Deed Book 1192, page 350, and on 'PLAT OF SECTION NO. 18, PENN FOREST', dated June 13, 1985, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 331, situated in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That the forty-foot (40') drainage easement being designated and shown as "40' Drainage Easement To Be Vacated" on Exhibit A attached hereto, said easement having been dedicated on 'PLAT SHOWING NEW 40' WIDE DRAINAGE EASEMENT HEREBY DEDICATED TO ROANOKE COUNTY BY REGION PROPERTIES, INC. ...' recorded in the aforesaid Clerk's Office in Deed Book 1225, page 1693, situated in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 3. That all costs and expenses associated herewith, including but not April 23, 2002 277 limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 4. Second readina of ordinance vacatina a 15-foot sanitary sewer easement. "The Orchards. Aeelewood Section No.8" and a eortion of a 20-foot sanitary sewer easement on elat entitled "The Orchards. Huntridae Road Extended: and further shown as "Existina 20' Sanitary Sewer Easement (P.B. 17. Paoe 85)". Hollins Maaisterial District. ueon the eetition of F. & W. Community Develoement Coreoration. (Arnold Covey. Director of Community Develoement ) 0-042302-14 Mr. Covey advised that there have been no changes since the first reading and requested approval of the ordinance with the condition that a new sanitary sewer easement be dedicated and that a new sanitary sewer line be constructed and functional. There was no discussion and no citizens present to speak on this item. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: 278 April 23, 2002 AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 042302-14 TO VACATE A 15' SANITARY SEWER EASEMENT ON 'PLAT OF "THE ORCHARDS", APPLEWOOD SECTION NO.8', IN PLAT BOOK 14, PAGE 178, AND A PORTION OF A 20' SANITARY SEWER EASEMENT ON 'PLAT SHOWING "THE ORCHARDS", HUNTRIDGE ROAD EXTENDED' IN PLAT BOOK 17, PAGE 85, AND FURTHER SHOWN AS EXISTING 20' SANITARY SEWER EASEMENT (P.B. 17, PG. 85) IN PLAT BOOK 18, PAGE 99, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by 'PLAT OF "THE ORCHARDS", APPLEWOOD SECTION No.8', dated April 23, 1992, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 14, page 178, a fifteen-foot (15') sanitary sewer easement was shown and created on remaining property of F & W Community Development Corp., on the western side of Huntridge Road, the subject easement being designated on said plat as "15' S.S.E."; and, WHEREAS, by 'PLAT SHOWING "THE ORCHARDS", HUNTRIDGE ROAD EXTENDED', dated June 17, 1993, and recorded in the aforesaid Clerk's Office in Plat Book 17, page 85, a twenty-foot (20') sanitary sewer easement was shown and created on remaining property of F & W Community Development Corp., to the west of Huntridge Road, the subject easement being designated on said plat as "NEW 20' SANITARY SEWER EASEMENT"; and, WHEREAS, the subject easements are further shown and designated as "EX. 20' S.S.E., P.B. 17, PG. 85", on plat entitled 'PLAT OF SUBDIVISION FOR F & W COMMUNITY DEVELOPMENT CORP. CREATING HEREON A NEW STORM WATER MANAGEMENT AREA & NEW 15' ACCESS EASEMENT, dated November 8, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 99; and WHEREAS, the Petitioner, F & W Community Development Corporation, is the current owner of the property through which these easements are located, designated on the Roanoke County Land Records as Tax Map #40.01-1-1, and has requested thatthe above-described existing 15' sanitary sewer easement and a portion of the above- described existing 20' sanitary sewer easement be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection, subject to the conditions herein; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 9,2002, and the public hearing and second reading of this ordinance was held on April 23, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: April 23, 2002 279 1. That the existing 15' sanitary sewer easement and a portion of the existing 20' sanitary sewer easement, being cross-hatched and shown as "15' S.S.E. & a portion of 20' S.S.E. to be Vacated" on Exhibit A attached hereto, said 15' easement having been shown and designated as "15' S.S.E: on the western side of Huntridge Road on 'PLAT OF "THE ORCHARDS", APPLEWOOD SECTION No.8', dated April 23, 1992, and recorded in the Clerk's Office ofthe Circuit Court of Roanoke County, Virginia, in Plat Book 14, page 178, and said portion of20' easement having been shown and designated "NEW 20' SANITARY SEWER EASEMENT" on 'PLAT SHOWING "THE ORCHARDS", HUNTRIDGE ROAD EXTENDED', dated June 17,1993, and recorded in the aforesaid Clerk's Office in Plat Book 17, page 85, and said easements being further shown and designated as "EX. 20' S.S.E., P.B. 17, PG. 85", on the 'PLAT OF SUBDIVISION FOR F & W COMMUNITY DEVELOPMENT CORP . CREATING HEREON A NEW STORM WATER MANAGEMENT AREA & NEW 15' ACCESS EASEMENT', dated November 8, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 99, in the Hollins Magisterial District of the County of Roanoke, be, and hereby are, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That an alternative sanitary sewer easement be dedicated, the location of which shall be in substantial conformity with the new sanitary sewer easement shown on Exhibit A attached hereto, and that a new sanitary sewer line be constructed and functional in connection with the Petitioner's proposed single-family development. 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Sueervisor Nickens reminded citizens of the Vinton Dogwood Festival that is being held this weekend at the Vinton War Memorial and that the parade is Saturday at 2:30 p.m. 280 April 23, 2002 Sueervisor Church advised that he has received calls about several junked cars on Route 311 and requested that the staff look into this situation for zoning violations. IN RE: CONTINUATION OF BUDGET WORK SESSION At 8:30 p.m., Chairman Church advised that the Board would continue the budget work session. It was held from 8:30 p.m. until 9:25 p.m. with Mr. Robertson, Mr. Hodge and Ms. Hyatt in attendance There was a discussion of the contributions for each of the human and social services service organizations, cultural and tourism agencies and dues and per capita agencies that requested funding from the 2002-2003 budget. The Board agreed that the amount for the Explore Park contribution would be $515,000 with $25,000 being retained by the County as a payment on their previous loan amount. Supervisor Nickens advised that the contribution to the National Association of Counties could be eliminated since these dues are included in the amount for the Virginia Association of Counties. The Board reached consensus on each of the contributions and Chief Financial Officer Hyatt advised that they had reduced the total contributions by $7,452. Mr. Hodge advised that he has received additional requests for funding from the Roanoke Higher Education Center and Dumas Center. He was directed to bring these requests back to a work session with more information for Board discussion. INRE: ADJOURNMENT Chairman Church adjourned the meeting at 9:25 p.m. April 23, 2002 281 Submitted by, Approved by, ~~.~ Brenda J. H ton, CMC Deputy Clerk to the Board 282 April 23, 2002 This eaae left intentionallv blank