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HomeMy WebLinkAbout6/25/2002 - Regular June 25, 2002 383 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 25, 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 June, 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; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator INRE: OPENING CEREMONIES The invocation was given by the Reverend Quigg Lawrence, Church of the Holy Spirit, Roanoke, Virginia. The Pledge of Allegiance was recited ,by all present. 384 June 25, 2002 IN RE: BRIEFINGS 1. Brietina on County water supplies. sale of water to the City of Roanoke, and conservation. (Elmer C. Hodae. County Administrator) Mr. Hodge reported that a number of calls have been received regarding the adequa?y of the water supply in Roanoke County and the arrangements with Roanoke City. He stated that it is dry in Roanoke County as it is throughout the area. The water supply at Spring Hollow Reservoir is very solid and will remain so for a number of months. There are no conservation measures in place at this time. In the event it becomes necessary to implement conservation measures, the public and the Board will be advised in advance. He stated that Roanoke County draws from a different water supply than Roanoke City and that through working with the City, we have been able to interconnect our systems. Mr. Hodge reported that County water supplies are strong, adequate and are monitored daily. Some of the wells that were previously placed on reserve status have been put back into operation and are providing an additional 2 Yo - 3 million gallons per day (MGD). Currently 11 MGD are being used between Roanoke County and Roanoke City. The City is also purchasing water from the City of Salem. The capacity of the reservoir is 23 MGD. The capacity that can be treated and distributed is currently15 MGD, but can easily June 25, 2002 385 be expanded. The City is not anticipated to continue purchasing water from the County past October 2002 when the Crystal Spring station will again be operational. There have been isolated problems with County community wells showing stress, and these are being monitored. The County does have a contingency plan similar to Roanoke City's, but it does not need to be implemented at this time. Mr. Hodge stated that the County exchanges and sells water to Roanoke City. In 1999, the contract with the City was renegotiated to the benefit of both localities, thus moving one step closer to a regional water supply. The County exchanges 1 MGD with the City. The 4 MGD that the County sells the City is in addition to this amount. Mr. Hodge indicated that there had been discussions in recent weeks concerning a partnership agreement with Roanoke City for regional water. Mr. Robertson reported that Spring Hollow Reservoir was at full pond the week before Memorial Day. There remains a sufficient supply to provide water through the end of the calendar year, even with supplying water to the City. There are two groundwater systems where the wells are stressed, and these wells are more affected by drought conditions. County staff is keeping a constant watch on these situations. He stated that in 1999 staff drafted a conservation plan. Prior to implementation, this plan would need to be formally adopted by the Board. Mr. Robertson indicated that the County has been 386 June 25, 2002 providing water to Roanoke City since last week. In response to questions from the Board members, Mr. Robertson stated that the volume of Spring Hollow at full pond is 3.2 billion gallons. He indicated that there is sufficient water to supply Roanoke County alone through April 2003 if we get no additional rainfall. If we provide water to Roanoke City, the supply will be adequate through December 2002. He stated that the Utility Department is currently operating two and one-half shifts with overtime. Supervisor McNamara questioned how the funds generated from the sale of water to the City would be used. Mr. Robertson stated that staff would recommend reinvesting the revenues in the water system. Mr. Hodge emphasized that this is a one-time revenue and that a reduction in rates would be recurring. Supervisor McNamara conveyed his appreciation to Supervisor Nickens for his part in the decision to build Spring Hollow Reservoir. Supervisor Minnix stated that a regional water authority that includes all surrounding localities is needed. He emphasized that economic development will place a strain on the water system in the next 15-20 years. Supervisor Nickens stated that Roanoke County had the foresight to make plans that benefit the region, and the investment of the taxpayers should be protected. He would like to see some of the revenues from the sale of water to the City set aside for future water study needs. He stated that the movement toward a regional water authority needs a higher priority than he senses is the June 25, 2002 387 case today. Supervisor Flora stated that County staff should review the regional water study currently being conducted by the Roanoke Valley-Alleghany Regional Commission. He concurs with Dr. Nickens that the only way to solve a problem of this magnitude is on a regional basis. Supervisor Church indicated that he supports a regional water authority, and also stated that a meaningful, long-range agreement between Roanoke City and Roanoke County is needed. He emphasized that Roanoke County is ready, willing and able to work toward an agreement that is beneficial to both localities. Mr. Hodge stated that this is something that can be done, and the County stands ready to work towards this goal. Supervisor McNamara stated his support of the ongoing study being conducted by the Roanoke Valley-Alleghany Regional Commission. Mr. Robertson indicated that he has met with his counterpart at Roanoke City, and a draft proposal is being written for approval by both governing bodies. 2. Closeout report 2!l the Starliaht Lane tire fire. {Dan O'Donnell. Assistant County Administrator) Mr. O'Donnell stated that he is pleased to report that on-site work is completed, and the Environmental Protection Agency (EPA) will be completing the removal of trailers from Merriman Soccer Field this week. The EPA and the Virginia Department of Environmental Quality 388 June 25, 2002 (DEQ) removed 10,097 tons of tires, tire remnants and solid waste from the Keeling property. The tires were taken to a disposal facility in North Carolina and the other solid waste was taken to Amelia County, Virginia for landfill disposal. The only remaining issue is the replacement of a low water bridge in Back Creek. The EPA will be replacing this bridge during the summer. Total Roanoke County costs to date are $86,740. There will be some additional cost for Police overtime during the last few weeks. The total County cost should not exceed $100,000, with one-half of this amount ($50,000) to be reimbursed for the County's costs for Fire and Rescue and Police coverage. Total EPA costs will be calculated after the bridge replacement is completed, but are not anticipated to exceed $2.0 million. Contamination was limited to the Keeling property itself and consisted only of tire fire damage. There was no damaging run-off to surface water and no evidence of ground water contamination found. Well tests of neighboring properties indicate no problems associated with the tire fire. There were 51 drums found on the property with some residue in them. The contents of the drums were consolidated into 14 drums and disposed of on June 21,2002. There are approximately 1,000 - 2,000 Freon cylinders remaining in an out- building which have been determined to be empty and non-hazardous. Mr. O'Donnell thanked the EPA, DEQ, Virginia Department of Emergency Management, the Health Department, and the County departments June 25, 2002 389 of Fire and Rescue, Police, General Services, Community Development and Parks, Recreation and Tourism for the outstanding team effort that brought the project to a successful conclusion. INRE: 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 July 23, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 1. First reading of ordinance to rezone ! portion of two parcels consisting of approximately ~ acres from C·2C. General Commercial District with conditions to C·2C. General Commercial District with amended conditions to construct! hotel located on North Electric Road. Catawba Maaisterial District. upon the petition of O. M. Enterprises. LLC. (CONTINUED BY THE PETITIONER FROM THE JUNE ~ 2002 PLANNING COMMISSION PUBLIC HEARING 2. First reading of ordinance to obtain! Special Use Permit to operate! reliaious assembly facility on 3.48 acres zoned C- l. General Commercial District. located at 2067 A Electric Road. Windsor Hills Maaisterial District. upon the petition of Calvary Chapel of Roanoke. 3. First readina of ordinance to amend conditions Q.!!. ! Special Use Permit to operate! construction yard on 2.62 acres zoned AV. Aaricultural Villaae District. located at 7210 Franklin Road. Cave Sprina Maaisterial District. upon the petition of McNeil Asphalt. 390 June 25, 2002 4. First readina of ordinance to obtain! Special Use Permit to operate! commercial kennel 2!l 18.16 acres. zoned AR. Agricultural Residential District. located at 8232 Enon Drive. NW. Hollins Maaisterial District. upon the petition of St. Francis of Assisi Service Doa Foundation. 5. First readina of ordinance to obtain a Special Use Permit to operate surplus sales on 1.47 acres zoned 1-2, Industrial District. located at 3716 Garman Road. Catawba Maaisterial District. upon the petition of William E. Lee. IN RE: FIRST READING OF ORDINANCES .1:. First readina of ordinance approving acauisition of easements and construction for Huntridae off-site sanitary sewer extension. Hollins Maaisterial District. (Gary Robertson. Utility Director) Mr. Robertson reported that Roanoke County currently operates and maintains a sewer lift station located on Huntridge Road. This lift station has been in operation since 1989 and requires significant maintenance to remain in service. The station is currently operating near full capacity. He stated that Fralin and Waldron, the developer, has submitted development plans for Huntridge Grove showing a total of 77 lots and proposing an upgrade to the existing lift station at a cost of $45,000. In lieu of Fralin & Waldron spending $45,000 to improve this pump station, Roanoke County has proposed to them participating in extending a 3,200 lineal foot gravity sewer route to this point. Fralin and Waldron has agreed to contribute the $45,000 that would have been spent on the lift station renovations. In addition, 50% of the sewer off-site facility June 25, 2002 391 fees Fralin and Waldron will be paying ($35,250) can be applied to this project. This leaves a balance of $84,750 to be funded by Roanoke County. The funds would be utilized from the Unappropriated Balance at this time, but they would be recovered from the current Capital Improvements Plan (CIP), which proposes a $75,000 upgrade to this pump station within the next five years. In addition, annual operating costs are currently between $7,000 and $9,000. This project would easily pay for itself in a matter of two to three years. Mr. Robertson stated staff is recommending: 1. The transfer of $84,750 from the Sewer Fund Unappropriated Balance to an account entitled Huntridge Off-Site Sanitary Sewer Extension project. 2. Fifty percent (50%) of the sewer off-site facility fees for the 47 lots of Huntridge Grove (totaling $35,250) be approved for use in the construction of this project. 3. The $45,000 cash contribution by Fralin and Waldron be accepted and transferred to the account entitled Huntridge Off-Site Sanitary Sewer Extension project. 392 June 25, 2002 4. Acquisition be approved for easements across tax parcels: 40.17-4-14 40.13-1-1 40.13-1-1.1 40.13-1-1.2 40.13-1-440.13-1-6 40.13- 1-740.13-1-8 40.13-1-9 40.13-1-13. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for July 9, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. First readina of ordinance approvina acauisition of an easement for sanitary sewer extension at Mount Pleasant Fire Station. Vinton Maaisterial District. (Gary Robertson. Utility Director) Mr. Robertson reported that the Mount Pleasant Fire Station is currently using a septic system and groundwater well, and it is proposed that the station be hooked up to County water and sewer during the upgrade scheduled for this year. There is an existing sewer easement that touches this property on the east side of the County property. However the improvements to the building are on the western side and there is a sewer line that is closer at this point. Connecting at this location would require an easement across private property and the purpose of this ordinance would be to allow the County to acquire the necessary easement. In response to Supervisor Nickens' inquiry, Mr. Robertson June 25, 2002 393 stated that the property owners had been contacted and the County has a tentative agreement with them. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for July 9, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None IN RE: SECOND READING OF ORDINANCES .1:. Second readina of ordinance authorizing and approvina assianment and acceptance of assianment of ! lease agreement between East Main Street Properties. L.L.C. and Blue Ridge Community Services for 381 sauare feet (Suite 207) of office space in the Salem Bank & Trust Buildina at 220 East Main Street in Salem. (John Chambliss. Assistant County Administrator) 0-062502-1 Mr. Chambliss stated that the lease for this space was originally between Blue Ridge Community Services, now known as Blue Ridge Behavioral Healthcare, and East Main Street Properties, who at that time were the owners of the Salem Bank & Trust building. They were administering one of the programs on behalf of the County for the Comprehensive Services Act. That program, effective July 1, is now under the administration of the Roanoke County Department of Social Services. Approval of this ordinance would allow the acceptance of the lease assignment from Blue Ridge Behavioral Health Care to 394 June 25, 2002 the Roanoke County Department of Social Services. Approximately one year ago, the County purchased the Salem Bank & Trust building and the leases then in effect were used as a pledge to the revenues for repayment. Therefore, no new monies are required for appropriation. Supervisor Minnix moved to approve the second reading of the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 062502-1 AUTHORIZING AND APPROVING ASSIGNMENT AND ACCEPTANCE OF ASSIGNMENT OF A LEASE AGREEMENT BETWEEN EAST MAIN STREET PROPERTIES, L.L.C., AND BLUE RIDGE COMMUNITY SERVICES FOR 381 SQUARE FEET (SUITE 207) OF OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET IN SALEM WHEREAS, by Lease Agreement dated November 1, 1997, between East Main Street Properties, L.L.C., as Landlord, and Blue Ridge Community Services, as Tenant, the Tenant leased from the Landlord 381 square feet of office space (Suite 207) in the Salem Bank & Trust Building in Salem, Virginia, for the purpose of providing contractual services for the Roanoke County Department of Social Services, specifically including administration of the Comprehensive Services Act program (FAPT/CPMT); and, WHEREAS, the initial term of said lease was for a period of one (1) year, commencing on November 1, 1998, and ending on October 31, 1999, at an annual rental of $3,429.00 payable in twelve (12) monthly installments of $285.75 each, together with five automatic one-year options to renew with a 3.5% annual rental increase; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, purchased the Salem Bank & Trust Building on May 15, 2001, subject to the above-described lease; and, WHEREAS, effective July 1, 2001, the County of Roanoke Department of Social Services assumed responsibility for administration of the Comprehensive June 25, 2002 395 Services Act program (FAPT/CPMT) and continued to use and occupy Suite 207 for such purpose; and, WHEREAS, in order to accurately reflect the use of office space and clarify funding streams for operation and administration of the Comprehensive Services Act program, it is deemed appropriate for the County of Roanoke, Department of Social Services, to accept assignment of the Lease Agreement dated November 1, 1997, for Suite 207 and to assume all liabilities and obligations of the Tenant under said lease; and, WHEREAS, the Board of Supervisors of Roanoke County, as Landlord, consents to the assignment of the above-described lease; 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 June 11, 2002; and the second reading was held on June 25, 2002. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That acceptance of the assignment, effective July 1, 2001, from Blue Ridge Community Services (Tenant/Assignor) to The County of Roanoke, Department of Social Services (Tenant/Assignee) of the Lease Agreement dated November 1, 1997, between East Main Street Properties, L.L.C., as Landlord, and Blue Ridge Community Services, as Tenant, for operation and administration of the Comprehensive Services Act program (FAPT/CPMT) in 381 square feet of office space (Suite 207) in the Salem Bank & Trust Building in Salem, Virginia, together with assumption by the County of all liabilities and obligations of the Tenant under said lease and release of Blue Ridge Community Services of and from any further liabilities or obligations as Tenant thereunder, be and hereby is authorized and approved. 2. That the Board of Supervisors of the County of Roanoke, as current Landlord, hereby approves and consents to the above-described assignment. 3. That the funds for the rent are available in the CSA (CPMT) administrative budget. 4. That the County Administrator or any assistant county administrators are hereby authorized to execute such documents and take such actions on behalf of the Board of Supervisors as Landlord and on behalf of the County of Roanoke, Department of Social Services as Tenant/Assignee in this matter as may be necessary to accomplish this transaction, all of which shall be approved as to form by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: 396 June 25, 2002 AYES:Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: APPOINTMENTS .1:. Virainia Western Community College Board Supervisor Nickens stated that he had spoken with President Sandel, and reported that they continue to discuss a possible nomination. INRE: CONSENT AGENDA R-062502-2: R-062502-2.b; R-062502-2.c; R-062502-2.d; Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None RESOLUTION 062502-2 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 June 25, 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 8, inclusive, as follows: 1. Confirmation of committee appointments to: (a) Board of Zoning Appeals (b) Court-Community Corrections Alcohol Safety Action Program (ASAP) Policy Board 2. Approval of minutes for the February 16, 2002 Board Planning Retreat and the May 28, 2002 Board of Supervisors meeting June 25, 2002 397 3. Resolution of appreciation upon the retirement of Robert Lynn (Bob) Bussey after five years of service 4. Resolution establishing salaries for the County Administrator and the County Attorney 5. Resolution ratifying and confirming the appointment of Diane S. Childers as Clerk to the Board of Supervisors 6. Request from Police Department to accept a DMV grant in the amount of $1,500 to pay for uniform police officers to work roving DUI patrols and checkpoints. 7. Request from Police Department to accept a DMV grant in the amount of $1,500 to pay for uniform police officers to staff child safety seat checkpoints. 8. Donation of a sanitary sewer easement on Lot 1C (Tax Map No. 50.01- 1-16.11) and a water line easement on Lot 18 (Tax Map No. 50.01-1- 16.10) on Autumn Drive in the Hollins Magisterial District from Residential Contractors, Inc. to the Board of Supervisors of Roanoke County 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 062502-2.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ROBERT LYNN BUSSEY FROM THE PARKS, RECREATION & TOURISM DEPARTMENT FOLLOWING MORE THAN FIVE YEARS OF SERVICE WHEREAS, Robert Lynn (Bob) Bussey was first employed by Roanoke County on February 3, 1997 as a Motor Equipment Operator II in the Parks, Recreation & Tourism Department; and WHEREAS, Mr. Bussey retired from Roanoke County on May 1, 2002 as a Parks Crew Leader with the Parks, Recreation & Tourism Department following more than five years of service; and 398 June 25, 2002 WHEREAS, significant contributions were made by Mr. Bussey to the renovation of Camp Roanoke, thus enabling the Recreation Division to reopen the youth residential camp; and WHEREAS, Mr. Bussey worked as a master carpenter and crew leader on park improvement projects constructing park shelters, playgrounds, bridges, retaining walls and new athletic facilities; and WHEREAS, Mr. Bussey was an extremely dependable employee who was always ready to respond to emergency and snow removal operations; and WHEREAS, Mr. Bussey was a highly motivated employee who, 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 ROBERT LYNN BUSSEY for more than 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 062502-2.c ESTABLISHING SALARIES FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for Fiscal Year 2002-2003. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased from $123.893.60 to $126.990.04. 2. That the annual salary for the County Attorney shall be increased from $105.491.36 to $108.128.65. 3. That the effective date for the establishment of these salaries shall be July 1, 2002. 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 RESOLUTION 062502-2.d RATIFYING AND CONFIRMING THE June 25, 2002 399 APPOINTMENT OF DIANE S. CHILDERS AS CLERK TO THE BOARD OF SUPERVISORS WHEREAS, Section 15.2-1538 of the Code of Virginia, 1950 as amended, provides for the appointment of a Clerk for the Board of Supervisors; and WHEREAS, Ordinance #62789-4 adopted by the Board of Supervisors of Roanoke County on June 27, 1989, provides that the Board may appoint a County Clerk who shall serve at the pleasure of the Board and under the direction of the County Administrator, and who shall have the duties and responsibilities as set out in said ordinance and in the State Code; and WHEREAS, said ordinance provides that if the Board chooses not to appoint a County Clerk such duties and responsibilities shall be performed by the County Administrator. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby ratifies and confirms the appointment of Diane S. Childers as Clerk to the Board of Supervisors effective Monday, June 17,2002, said appointment having been made by the County Administrator. 2. That Diane S. Childers shall exercise all of the powers and fulfill all of the duties of Clerk to the Board of Supervisors as provided in Ordinance #62789-4 and as provided in the Code of Virginia. 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: REPORTS Supervisor Minnix 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 Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continaency Fund 400 June 25, 2002 4. Future School Capital Reserve 5. Accounts Paid = May 2002 6. Statement of Expenditures and Estimated and Actual Revenues for the month ended May 31. 2002 7. Proclamations sianed!!ï the Chairman 8. Report from VDOT of chanaes to the Secondary Road System in May 2002 IN RE: CLOSED MEETING At 3:55 p.m., Supervisor Church moved to go into Closed Meeting following the work sessions, pursuant to Code of Virginia 2.2-3711 A (3) discussion or consideration of the disposition of publicly held property, namely a portion of the Brambleton Center. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: IN RE: None WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session Qfi Sewer Rates (Gary Robertson, Utility Director) The work session was presented by Gary Robertson, Utility Director; Diane Hyatt, Chief Financial Officer; Danial Morris, Finance Director; and Rosemary Trussell, Finance Manager, and was held from 4:05 p.m. until June 25, 2002 401 4:58 p.m. Mr. Robertson stated that Roanoke County has not experienced a sewer rate increase since 1994-1995. The purpose of that rate increase was to fund improvements to the wastewater plant and rebuild the Roanoke River Interceptor and a portion of the Tinker Creek Interceptor. Those projects were completed in early 2000. The interceptor projects went well and they have accomplished their task, however the improvements to the wastewater plant did not meet all of our expectations. In April 2002, Roanoke City signed a consent order with the Department of Environmental Quality (DEQ) to do additional improvements to the wastewater plant. That consent order requires that construction plans be submitted by April 2003 and construction begins by September 2003. The construction is anticipated to take approximately 30 months. These improvements will take care of overflow, provide additional capacity, and reduce maintenance costs. The current estimate for these improvements is $32 million. A contract is being negotiating with a consulting firm for these designs, and Roanoke County's share of these improvements is expected to be between $7 and $9 million. The existing rate structure will not fund these improvements and in the current year, it was not adequate to fund the County's repair and replacement program. It is anticipated that Roanoke County could obtain a loan through the Virginia Revolving Loan Fund and expect to see interest rates below four 402 June 25, 2002 percent (4%). In order to provide the necessary revenue, staff proposes two rate increases. The first increase will be 8.36% effective September 1, 2002 and the second rate increase will be 8.36% effective January 1, 2004. The sewer off-site facility fee is to be increased from $1,500 to $2,000 per equivalent residential connection effective September 1, 2002. In addition, a $500 charge per equivalent residential connection for development that requires the installation of County maintained sewage pump stations would be implemented. Following discussion, it was the consensus of the Board that staff should proceed with securing $7 million in revenue bonds from the Virginia Revolving Loan Fund to fund the necessary improvements to the wastewater plant. 2. Work Session on Business Professional Operators License (BPOL) Tax (Brent Robertson. Budaet Director) The work session was presented by Brent Robertson, Budget Director, and held from 4:58 p.m. to 5:25 p.m. Mr. Robertson stated that the purpose of the work session was to get a conceptual view of how changes to the Business Professional Operators License (BPOL) tax would affect revenues. At the present time, the County is at the State maximum in all revenue categories. Discussion followed concerning the exemption of BPOL tax on the first $100,000 in gross receipts for businesses. Mr. Robertson reported that this would result in a projected revenue loss of June 25, 2002 403 $402,700 annually. It was the consensus of the Board to table further discussion of changes to the BPOL rate until the General Assembly makes a decision regarding proposed changes in the tax structure. IN RE: CLOSED MEETING The closed meeting was held from 5:55 p.m. until 6:15 p.m. IN RE: CERTIFICATION RESOLUTION R·062502-3 At 7:00 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 062502-3 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this 404 June 25, 2002 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: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second readina of ordinance to rezone 11.44 acres from 1-2, Industrial District to R-1. Low Density Residential District to construct ! sinale family home located on Poor Mountain Road. Catawba Maaisterial District. upon the petition of William and Tonia Goodrich. (Janet Scheid. Chief Planner) 0-062502-4 Ms. Scheid reported that the petitioners are requesting rezoning of 11.44 acres of a 19.50 acre tract of land. The property adjoins R. R. Donnelley to the west and was originally zoned 1-2 Industrial to accommodate the idea that R. R. Donnelley may purchase this property in the future for expansion purposes. R. R. Donnelley has been contacted and they have no plans to purchase the property and no objections to the proposed rezoning. The property contains a ridgeline that is included in the 11.44 acres that are requested for rezoning. The eastern portion of the property is more gently rolling and could be ideal for an industrial use if access can be established, and the Goodrich's are retaining the industrial zoning on the remaining 8 acres. The Goodrich's have purchased two June 25, 2002 405 pieces of property: a 1.24 acre lot in Chimney Hills Subdivision and a second 19.50 acre piece of property to the rear which is zoned industrial. They would like to place their home on the property lines to take advantage of the slope and views of the property, and therefore are requesting rezoning to R-1 to comply with the Roanoke County Zoning Ordinance. Staff has no objections to the rezoning, with the condition that only one dwelling be placed on the property. Petitioner has agreed to the condition. The Planning Commission approved the petition by a vote of 5-0. There were no citizens present to speak on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 062502-4 TO CHANGE THE ZONING CLASSIFICATION OF A 11.44-ACRE TRACT OF REAL ESTATE LOCATED ON POOR MOUNTAIN ROAD (TAX MAP NO. 64.02-2- 55) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 TO THE ZONING CLASSIFICATION OF R-1 WITH A CONDITION UPON THE APPLICATION OF WILLIAM AND TONJA GOODRICH WHEREAS, the first reading of this ordinance was held on May 28, 2002, and the second reading and public hearing were held June 25, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 4, 2002; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, 406 June 25, 2002 Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 11.44 acres, as described herein, and located on Poor Mountain Road (Tax Map Number 64.02-2-55) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-2, Industrial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of William and Tonja Goodrich. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) One dwelling shall be allowed on the property and when the property line is adjusted, then the property line shall follow the metes and bounds of the zoning line. 4. That said real estate is more fully described as follows: BEGINNING at a large chestnut oak on the northern right-of-way line of Bydawyle Road, this point is located N. 69 deg. 43' 04" W. 167.00 feet from a small maple, thence N. 13 deg. 45' 07" E. 1196.12 feet to an iron pin found, thence N. 69 deg. 55' 23" E. 894.47 feet to an iron pin found on the westerly right-of-way line of the Norfolk and Southern Railroad, thence with said right-of-way lines S. 10 deg. 22' 31" E. 731.02 feet to an iron pin set, thence S. 80 deg. 13' 29" W. 539.98 feet to an iron pin found, thence S. 29 deg. 07' 29" W. 277.80 feet to an iron pin found, thence S. 54 deg. 47' 29" W. 720.59 feet to the Place of Beginning. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Second readina of ordinance to rezone .490 acres from C-1 Office District with conditions to C-1 Office District with amended conditions to construct ! general office buildina located Q!l the west end of Colonial Avenue. Cave Spring June 25, 2002 407 Maaisterial District. upon the petition of Christopher A. Desimone. et al. (Janet Scheid. Chief Planner) 0-062502-5 Ms. Scheid reported that the petitioner is seeking to change a condition from a 1995 rezoning that proffered a concept plan showing a two story, slightly less than 2,000 square foot office building. Mr. Desimone would like to build a 4,000 square foot office building on this site. He is proffering the concept of retaining the residential nature of the building and a site plan eliminating some uses out of the C-1 district. Mr. Desimone plans to build a legal office on this site and due to the topography and the size of the building to be constructed, parking needs to be in the front of the building. That does conflict with the guidelines passed by the Board of Supervisors several years ago. Staff recommends that in this situation and with the proffered conditions of maintaining a residential appearance, this would be appropriate. The Planning Commission heard this request on June 4, and approved the request. The following conditions were discussed with the petitioner: 1. The property will be developed in substantial conformity to the concept plan dated April 23, 2002. 2. The property will be developed to have a residential appearance. 408 June 25, 2002 3. Limited uses under the C-1 zoning category and the site plan for the petition would be developed in substantial compliance with a front elevation drawing dated June 4, 2002. Mr. Tom Webster, Colonial Avenue Alliance, spoke in support of the rezoning for this particular site. He stated his one concern was the parking in the front, which does not correlate with the Colonial Avenue Corridor guidelines. He indicated that in this particular situation, the parking is best suited for the front of the building. The Colonial Avenue Alliance wanted to state their concerns that the Board not allow this rezoning to set a precedent for future requests which do not adhere to Colonial Avenue Corridor guidelines. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 062502-5 TO CHANGE THE ZONING CLASSIFICATION OF A .490-ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST END OF COLONIAL AVENUE (TAX MAP NO. 86.08-1-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1C TO THE ZONING CLASSIFICATION OF C-1C WITH AMENDED CONDITIONS UPON THE APPLICATION OF CHRISTOPHER A. DESIMONE, ET AL. WHEREAS, the first reading of this ordinance was held on May 28, 2002, and the second reading and public hearing were held June 25, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 4, 2002; and June 25,2002 409 WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .490 acres, as described herein, and located at the west end of Colonial Avenue (Tax Map Number 86.08-1-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District with conditions, to the zoning classification of C-1, Office District with amended conditions. 2. That this action is taken upon the application of Christopher A. Desimone, et als. 3. That the owner of the property has requested the removal of proffered conditions as set out below and has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The pr-operty will Be àe'/eloped in substantial senformity to the attasAeà senseflt fllan dated 3.'13.'Q5, reviseà 4.'4/95, indicating the relative layout and locatien ef tAe B¡, ilding, the sq¡, ar-e feetage of the feetflrint of the B¡, ilàing, the location anà n¡' R'lBer of parking &flases ami Type C ssreenin€! and bufferin€! 'NAere tAe flroperty adjoins R 1 z-enin€!, 'Nith a sombinatien ef Option 1, 15 foot B¡, ffer yard and Option 2 lanàssaflin€!, small e'/ergreen trees anà ene row sf e'ler-€Jreen trees, ts be planted and R'laintaineà in tAo Buffer yard, and te refllase tho 6 foot scmenin€! fense, Bl:Jt achieve an equivalent ssreenin€! effest. (2) The property will Be àe'/eloped to have a re&idential appearance in that the r-osf of the building will be shin€!led and have a pitct:! eE ~ml to or greater tAan 5 12, tt:!e exterior constr¡, stien will be brick, residential type siding or a seR'lBinatisn sf the two, the o¡, tside lighting will be fer ses¡,¡rity r-ather than commersial fI¡, rfloSe&, &uch as residential tyl3e àblsk te àawn lighting, and there will be no more than one si€!n en tAe flreR'lise& whish will not be lar-ger than 29 sE blare feet, will not be backlit anà will Be oitt:!er a monument type sign er a sanà Blasted weeàen sign. (3) The flormittod blses fer the property under Sestien 39 53 2 sf the 1992 Roanoke Cs¡, nty Zenin€! Ordinance will be limited to tho following: Ci'lis Uses aàR'linistrative services, eduoational fasilities, college/blni'/ersity, eàblsatisn facilities, flrimary/-secondary*; Offico Uses €!enernl effise, R'ledical office; 410 June 25,2002 Commercial Uses commblnisaticms services, studio, fine aft&. (1) The property will be developed in substantial conformity to the attached concept plan dated April 23, 2002, including the relative layout and location of the building, the square footage of the footprint of the building, the location and number of parking spaces and Type C screening and buffering where the property adjoins R-1 zoning, with a combination of Option 1, 15-foot buffer yard and Option 2 landscaping, shall be evergreen trees and one row of evergreen trees, to be planted and maintained in the buffer yard, and to replace the 6-foot screening fence, but achieve an equivalent screening effect. (2) The property will be developed to have a residential appearance in that the roof of the building will be shingled and have a pitch equal to or greater than 5-12, the exterior construction will be brick, residential type siding or a combination of the two, the outside lighting will be for security rather than commercial purposes, such as residential type dusk-to-dawn lighting, and there will be no more than one sign on the premises which will not be larger than 20-square feet, will not be backlit and will be either a monument type sign or a sand blasted wooden sign. (3) The permitted uses for the property under Section 30-53-2 of the 1992 Roanoke County Zoning Ordinance will be limited to the following: Civic Uses administrative services, educational facilities, college/university, education facilities, primary/secondary; Office Uses - general office, medical office; Commercial Uses - communication services, studio, fine arts. (4) The site plan for the petition be developed in substantial compliance with the Desimone Front Elevation drawing dated June 4, 2002. 4. That said real estate is more fully described as follows: BEGINNING at a point located on the northern right-of-way of Colonial Avenue, said point also being the southeast corner of property of State Street Bank and Trust (DB 1520, page 310); thence leaving Colonial Avenue and with State Street Bank and Trust, N. 00 deg. 23' 46" W. 233.38 feet to a point, said point located on the southern boundary of Nelson A. and Mary S. Craighead (DB 1316, page 1955); thence leaving State Street Bank and Trust and with Craighead for 2 courses: S. 83 deg. 03' 46" E. 103.00 feet to a point; thence S. 04 deg. 54' 14" W. 233.80 feet to a point located on the northerly right-of-way of Colonial Avenue; thence leaving Craighead and with Colonial Avenue, N. 81 deg. 32' June 25, 2002 411 00" W. 81.53 feet to the point of Beginning, and containing 0.490 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix 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 ! 15 foot drainaae easement and! 12 foot public utility easement on Lot l. Block 12. Plat of Section No. ª' Beverly Heiahts North. owned !rl Michael L. Hewitt and Brittan R. Troutt. located in the Catawba Maaisterial District. (Arnold Covey. Director of Community Deyelopment) 0-062502-6 Mr. Covey stated that the first reading of this ordinance was held on June 11, 2002 and there have been no changes since that time. Approval of the ordinance is requested at this time. There were no citizens present to speak on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 412 June 25,2002 ORDINANCE 062502-6 TO VACATE A 15' DRAINAGE EASEMENT AND A 12' PUBLIC UTILITY EASEMENT ON LOT 2, BLOCK 12, PLAT OF SECTION NO.3, BEVERLY HEIGHTS NORTH RECORDED IN PLAT BOOK 8, PAGE 16, OWNED BY MICHAEL L. HEWITT AND BRITTAN R. TROUTT, AND LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, by plat entitled 'PLAT OF SECTION No.3, BEVERLY HEIGHTS NORTH', dated October 25, 1971, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 8, page 16, the developer, Fralin and Waldron, Incorporated, dedicated and created a "15' DE" [drainage easement] and a "12' P.U.E." [public utility easement] on certain lots in said subdivision, including Lot 2, Block 12; and, WHEREAS, the Petitioners, Michael L. Hewitt and Brittan R. Troutt, are the current owners of Lot 2, Block 12, Section 3, Beverly Heights North, designated on the Roanoke County Land Records as Tax Map No. 44.03-3-48, and have requested that the above-described existing 15' drainage easement and 12' public utility easement be vacated pursuant to Section 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 and the public utility companies have raised no objection; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on June 11, 2002, and the public hearing and second reading of this ordinance was held on June 25, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 15' drainage easement shown as "15' D.E. to be Vacated", and the 12' public utility easement shown as "12' P.U.E. to be Vacated" on Exhibit A attached hereto, said easements having been dedicated and created as "15' D.E." and "12' P.U.E." on Lot 2, Block 12, on the subdivision plat entitled 'PLAT OF SECTION NO. 3, BEVERLY HEIGHTS NORTH', dated October 25, 1971, and of record in the aforesaid Clerk's Office in Plat Book 8, page 16, located in the Catawba Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners, Michael L. Hewitt and Brittan R. Troutt. June 25, 2002 413 3. That the County Administrator or any 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. 4. 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 Section 15.2-2272.2 of the Code of Virginia (1950, as amended). 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 4. Second readina of ordinance vacatina and closina an unimproved and unused portion of riaht-of-way known as Southern Pines Drive. Section ª" Southern Pines Subdivision. formerly Woodland Drive. located in the Cave Sprina Maaisterial District. (Arnold Covey. Director of Community Development) 0-062502-7 Mr. Covey stated that the first reading of this ordinance was held on June 11, 2002 and there have been no changes. Approval of the ordinance is requested at this time subject to the specified conditions. There were no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: 414 June 25, 2002 AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 062502-7 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF RIGHT-OF-WAY KNOWN AS SOUTHERN PINES DRIVE, FORMERLY WOODLAND DRIVE, IN SOUTHERN PINES SUBDIVISION SHOWN IN PLAT BOOK 2, PAGE 138, AND FURTHER SHOWN GENERALLY ON PLATS OF RECORD IN PLAT BOOK 18, PAGE 46, AND PLAT BOOK 21, PAGE 144, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Petitioner Java, LLC, is the owner of a parcel of land adjacent ORDINANCE VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF RIGHT-OF-WAY KNOWN AS SOUTHERN PINES DRIVE, FORMERLY WOODLAND DRIVE, IN SOUTHERN PINES SUBDIVISION SHOWN IN PLAT BOOK 2, PAGE 138, AND FURTHER SHOWN GENERALLY ON PLATS OF RECORD IN PLAT BOOK 18, PAGE 46, AND PLAT BOOK 21, PAGE 144, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT to a portion of Southern Pines Drive, said parcel being a portion of Lots 8 and 9, Section 2, 'Map of Southern Pines' recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, page 138, and designated on the Roanoke County Land Records as Tax Map #87.19-2-11; and, WHEREAS, Petitioner Old Heritage Corporation is the owner of a parcel of land adjacent to a portion of Southern Pines Drive, said parcel being "NEW TRACT 1A (6.576 AC.), SOUTHERN PINES, SECTION 5", on a re-subdivision plat recorded in the aforesaid Clerk's Office in Plat Book 18, page 46, and designated on the Roanoke County Land Records as Tax Map #87.19-1-3; and, WHEREAS, Petitioners Perry R. Conner and Jennifer N. Conner are the owners of a parcel of land adjacent to a portion of Southern Pines Drive, said parcel being "Lot 2A-1, 0.486 ACRE", Section 5, Southern Pines, on a re- subdivision plat recorded in the aforesaid Clerk's Office in Plat Book 21, page 144, and designated on the Roanoke County Land Records as Tax Map #87.19- 1-4; and, WHEREAS, the Petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the portion of Southern Pines Drive lying between the above-described lots, which is an unimproved, unused right-of-way, measuring 50' in width and extending approximately 440' north from South Mountain Drive (Route 875), being shown and created as a portion of June 25,2002 415 "Woodland Drive" on the "Map of Southern Pines" recorded in the aforesaid Clerk's Office in Plat Book 2, page 138; and, WHEREAS, Section 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 Section 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on June 11, 2002; the public hearing and second reading of this ordinance was held on June 25, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unused right-of-way, situate in the Cave Spring Magisterial District and known as a portion of Southern Pines Drive, formerly Woodland Drive, measuring 50' in width and extending approximately 440' north from South Mountain Drive (Route 875), being shown and created as a portion of "Woodland Drive" on the 'Map of Southern Pines' recorded in the aforesaid Clerk's Office in Plat Book 2, page 138, and being shown generally upon the re-subdivision plats of record in said Clerk's Office in Plat Book 18, Page 46, and Plat Book 21, Page 144, and being further shown and designated as "PORTION OF SOUTHERN PINES DRIVE TO BE VACATED" on Exhibit A attached hereto and incorporated herein, be, and hereby is, 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, drainage easement, public utility easement, and public access trail and greenway easement, fifty feet (50') in width, and extending north from South Mountain Drive (Route 875) approximately 440' between the above-described parcels designated on the Roanoke County Land Records as Tax Map No. 87.19-2-11 and Tax Map Nos. 87.19-1-4 and 87.19-1-3, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public access trail(s)and/or greenways, and water, sewer, drainage and/or 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. The location of said easements is shown and designated as "PORTION OF SOUTHERN PINES DRIVE TO BE VACATED" on the 'Plan Showing Portion of Southern Pines Drive To Be Vacated By 416 June 25, 2002 Roanoke County Board of Supervisors' dated April 2, 2002, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Southern Pines Drive, formerly Woodland Drive, shall vest as provided by law, subject to the above-described easements reserved in subparagraph a. above and subject to the condition that the vacated area of land shall be added to and combined with the abutting properties, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. c. 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 Section 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 5. Second readina of ordinance vacatina and closina as public riaht-of-way ! portion of cul-de-sac for Fairway Estates Drive adiacent to Lot L. Block l. Section 1.. Fairway Forest Estates Subdivision. and vacatina ! 15 foot public utility easement across said propertv. located in the Windsor Hills Maaisterial District. (Arnold Covey. Director of Community Deyelopment) 0-062502-8 June 25, 2002 417 Mr. Covey stated that the first reading of this ordinance was held on June 11, 2002 and there have been no changes. Approval of the ordinance is requested at this time. 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: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 062502-8 VACATING AND CLOSING AS PUBLIC RIGHT -OF-WAY A PORTION OF CUL-DE-SAC FOR FAIRWAY ESTATES DRIVE ADJACENT TO LOT 7, BLOCK 2, SECTION 1, IN FAIRWAY FOREST ESTATES SUBDIVISION (TAX MAP NO. 66.04-1-8.7) RECORDED IN PLAT BOOK 10, PAGE 41, AND VACATING A 15' PUBLIC UTILITY EASEMENT ACROSS SAID PROPERTY, LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat Showing Section No.1, FAIRWAY FOREST ESTATES", dated January 12, 1987, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, Page 41, Fairway Estates Drive was dedicated as public right-of-way; and, WHEREAS, by said plat a fifteen-foot (15') public utility easement adjacent to the cul-de-sac of Fairway Estates Drive was dedicated upon and across Lot 7, Block 2, Section 1, of Fairway Forest Estates (Tax Map No. 66.04-1-8.7), said easement being designated on said plat as "15' P.U.E."; and, WHEREAS, Petitioner Boone, Boone and Loeb, Inc., is the developer of Fairway Forest Villas (Plat Book 22, page 71), which is a subdivision along Fairway Estates Drive as extended from Fairway Forest Estates subdivision; and, WHEREAS, the Petitioner has requested that, pursuant to Section15.2- 2272.2 of the Code of Virginia (1950, as amended), the former cul-de-sac portion of Fairway Estates Drive, consisting of 4,596 square feet, adjacent to Lot 7, Block 2, Section 1, Fairway Forest Estates (Plat Book 10, page 41), and the 15' public utility easement adjacent to the cul-de-sac across said lot, be vacated; and, 418 June 25,2002 WHEREAS, the owners of the adjacent lot, WAYNE E. FLIPPEN and CHRISTINA B. FLIPPEN, concur in this request; and, WHEREAS, this vacation is required in connection with acceptance of the extension of Fairway Estates Drive into the state secondary road system and the extended road will serve all of the same properties as the portion to be vacated; and, WHEREAS, there has been no objection to relocation of the public utility easement by the appropriate public utility companies entitled to use said easement and there are no public utility company or county facilities located within the p.u.e. to be vacated; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have no objection to the vacation, provided certain easements are retained within the vacated area; and, WHEREAS, Section 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 Section 15.2- 2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on June 11, 2002; the public hearing and second reading of this ordinance was held on June 25, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the portion of public right-of-way shown stippled and designated as "RIGHT-OF-WAY TO BE VACATED - 4,596 S.F.", and the 15' public utility easement shown cross-hatched and designated as "PORTION OF 15' P.U.E. TO BE RELOCATED", on Exhibit A attached hereto, entitled 'PLAT SHOWING A PORTION OF RIGHT-OF-WAY (4,596 S.F.) To BE VACATED AND THE RELOCATION OF A PORTION OF A 15' PUBLIC UTILITY EASEMENT AND A NEW WATERLINE EASEMENT ...", dedicated by the "Plat Showing Section No.1, FAIRWAY FOREST ESTATES", recorded in Plat Book 10, Page 41, be, and hereby are, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual public utility easement, fifteen feet (15') in width, along Fairway Estates Drive, being designated and shown as "RELOCATED PORTION OF 15' P.U.E." on Exhibit A attached hereto, is hereby reserved and retained for public utility companies to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future public utility lines, pipes, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road. b. That a perpetual waterline easement, of variable width, along Fairway Estates Drive, being designated and shown as "PROPOSED June 25, 2002 419 WATERLINE EASEMENT" on Exhibit A attached hereto, is hereby reserved and retained for the County of Roanoke, its successors or assigns, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water lines, pipes, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road. c. That, subject to reservation of the above-described easements, fee simple title to the vacated right-of-way shall vest in the owners of the abutting property, Wayne E. Flippen and Christina B. Flippen, as provided in Section 15.2-2274 of the Code of Virginia (1950, as amended), and be added and combined with said abutting property 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 Boone, Boone and Loeb, Inc. 2. That, as a condition to the adoption of this ordinance, the portion of Fairway Estates Drive to be vacated hereby shall also be abandoned as part of the secondary system of state highways, and the alternative extended section of Fairway Estates Drive shall be accepted into the secondary system of state highways, by separate procedure and action in accordance with Section 33.1-155 of the Code of Virginia (1950, as amended). 3. 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. 4. 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 Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Alise Culbertson, 6109 Gaugin Circle, spoke concerning planning, communication and funding for schools. She stated that when new housing 420 June 25, 2002 developments are built, the considerations are existing water and sewer, environment, and roads. The impact on schools is not taken into consideration. She emphasized that administrators need both short and long-term enrollment plans for schools, and that there is a need to address the over- population problems. Randy Daniels, 6112 Gaugin Circle, spoke concerning school construction issues. He stated that there is sufficient land available in the County for new school construction, and emphasized the need for long-term plans that will address school requirements in the next five to ten years. He indicated that growth projection reports should be reviewed annually. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He stated that he had received an inquiry from a citizen in Hunting Hills expressing concerns about fireworks on July 4 possibly starting a fire. He inquired if Mr. Hodge had any recommendations concerning this matter. Mr. Hodge stated that staff had discussed the issue and was preparing to release a public information advisory asking citizens to use caution, and the Fire & Rescue Department would be placed on a heightened state of alert. Supervisor Nickens: (1) He reported that he had been advised that the Virginia Department Of Transportation (VDOT), through the Highway Commission, had indicated that Smart Road funding would come off the top of June 25, 2002 421 Salem District funding. He stated that if this is the case, the County needs to express concern and ask the other political subdivisions in the Salem district to do the same. (2) He indicated that with regard to fire safety, hydrants are color coded according to the level of water flow. He stated that a public service presentation regarding the color-coding would be helpful. (3) He reported that in the Bonsack area no hydrant system is in place. He inquired about the possibility of getting a system in that area. (4) Based on an inquiry from a citizen concerning the number of different localities who provided services to his home, Supervisor Nickens questioned whether there were any E-911 dollars going to other political subdivisions inappropriately. (5) He requested a report on the vehicle fleet in General Services with information pertaining to age of vehicles, mileage, and maintenance costs. Supervisor Flora: (1) He expressed his appreciation to. the Police Department for the excellent job they did in handling the Glenvar High School break-in. Supervisor McNamara: (1) He asked staff to monitor the expense reports of an individual who is under contract to Roanoke County and was recently cited in a newspaper article relating to improper use of expense account funds. Supervisor Church: (1) He congratulated R. R. Donnelley on receipt of the STAR Award. They are one of 16 sites out of 160,000 who received this 422 June 25, 2002 award. We are happy to have this type of organization in the County. (2) He recognized the Police Department for a job well done at the Glenvar High School break-in. (3) He requested that Mr. Hodge look into providing a drive-up payment box at the Administration Center. Mr. Hodge indicated that he and Diane Hyatt are working on this matter, and it should be resolved within the next several weeks. (4) He asked John Chambliss to provide him with an estimate of costs for use of library facilities and the amount of anticipated revenues from the new library fees that have been implemented. V. ADJOURNMENT Chairman Church adjourned the meeting at 7:37 P.M. Submitted By: Approved By: fJ¡~~)~. alrh¡J~) Diane S. Childers Clerk to the Board ¡'tÎiu cb