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HomeMy WebLinkAbout9/24/2002 - Regular September 24,2002 613 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 24, 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 September, 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 (Arrived 4:38 p.m.), 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 INRE: OPENING CEREMONIES Chairman Church advised that Supervisor McNamara would be late because he was attending another meeting as a representative of the County. The invocation was given by Reverend Derry Gray, Penn Forest Christian Church. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Church added a briefing from Supervisor Nickens concerning an 614 September 24, 2002 announcement. Mr. Hodge added an item to New Business: Request for temporary use of space in the Salem Office Supply Building. Mr. Mahoney added an item to the Closed Meeting pursuant to Section 2.2- 3711 A (7) to discuss pending litigation against the Electoral Board in Marye v. Quinn. Chairman Church requested that Mr. Mahoney brief the Board on the process that the Board will be required to use to fill a vacancy. IN RE: BRIEFINGS 1.. Announcement from Supervisor Harrv C. Nickens reaarding his resianation. Supervisor Nickens advised that due to a change in his employment status, he is resigning as the Vinton Magisterial District representative effective midnight, October 31,2002. He will provide his letter of resignation to Chairman Church after the meeting and hopes that this notice will give the Board sufficient time to appoint another citizen to represent the Vinton District. He advised that he has served in this capacity for more than twenty years and is very appreciative to the citizens of the Vinton District, as well as Roanoke County, for their graciousness and support during the years. He thanked Mr. Hodge, County senior staff and all of the County employees for the excellent jobs that they do and expressed his full confidence that with the personnel and elected officials in place, the County will continue to provide excellent cost-effective service to all citizens. He stated that he regrets that he will no longer be in a position of service to the County but leaves with a sense of pride and accomplishment. Supervisors Church, Minnix, and Flora, and Mr. Hodge, Mr. Mahoney, Mr. September 24, 2002 615 Chambliss, Mr. O'Donnell and Ms. Hyatt expressed their appreciation to Supervisor Nickens for his years of service 2. Briefina from Paul Mahonev. County Attorney. concernina the process to fill the yacancy in the Vinton Magisterial District. Mr. Mahoney advised that within fifteen days of a vacancy on the Board of Supervisors, the Board has to petition the Circuit Court for a special election at the next general election which is scheduled for November, 2002. If the vacancy occurs within 120 days of an election, the special election will occur at the next election date which will be November, 2003. The Board has thirty days from the date of the resignation to select a qualified person from the Vinton District to fill the vacancy and if the Board cannot agree, the selection will be made by the Circuit Court judges. The person selected will take office immediately after qualifying and will serve until the special election in November, 2003. The person elected in November, 2003 will serve the remainder of the Vinton Magisterial District term which will expire December 31,2005. He advised that Chairman Church has asked that he repeat this briefing at the evening session for the benefit of those citizens who may be viewing the meeting at that time. Chairman Church advised that citizens who might be interested in this appointment should contact the Clerk to the Board rather than contacting each Board member individually. He advised that the time frame for applications will be established later. IN RE: NEW BUSINESS 1.. Reauest for temporarv use of space in Salem Office Supplv 616 September 24, 2002 Buildina. (Anne Marie Green. Director. General Services) A-092402-1 Ms. Green advised that the Salem Office Supply Building on Main Street in Salem is currently empty, and the County is planning to solicit bids in January for renovating the structure. The building is not heated or cooled, but is weatherproof and secure. The Southwest Virginia Ballet has asked for temporary storage space for scenery for its productions and needs approximately 300 square feet of space until April, 2003. The Ballet is insured and will provide a certificate of insurance protecting the County from liability. Staff does not anticipate any renovation work taking place within the building until at least April, and the Ballet has agreed to move its property with 24 hours notice if necessary. She advised that Mr. Gene Post from the Ballet was present if there were any questions. There is no fiscal impact to the County but the Ballet will place recognition to the County in its program as an in-kind donation. There was no discussion. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Minnix moved to approve the first readings and set the second readings and public hearings for October 22, 2002. The motion carried by the following recorded vote: September 24, 2002 617 AYES: NAYS: ABSENT: Supervisors Flora, Minnix, Nickens, Church None Supervisor McNamara 1.. First reading of ordinance to rezone 22.743 acres from AR Aaricultural Residential District to R-1 Low Densitv Residential District for deyelopment of sinale family housina located at Virginia Secondarv Route 688 (Cotton Hill Road) and Raintree Road. Cave Sprina Maaisterial District. upon the petition of Cotton Hill Land Company. LC. IN RE: FIRST READING OF ORDINANCES 1.. First readino of ordinance amendino the Roanoke County Code by the addition of a new Article IV of Chapter 22 entitled "Water Supply Emeraencies and Conservation Measures" declarino that a water supply emeraency exists. and the implementation of water conservation measures to restrict the use of water by the citizens of the County of Roanoke for the duration of such emeroency. (Paul Mahoney. County Attorney: Garv Robertson. Utility Director) Mr. Robertson advised that this is an ordinance to implement and enforce a mandatory water conservation program in the County. It is being requested to allow the County to support the Governor's statewide water conservation program and assist its neighboring localities. It will provide insurance and protection for the County's water source 618 September 24, 2002 and is proactive in view of the uncertain status of the drought. Spring Hollow Reservoir is operating in a normal mode with 67% capacity remaining. Some additional measures have been taken including using stand-by wells that have not been in operation since 1996 to produce almost 2 million gallons per day, drilling additional wells in the vicinity of the treatment facility, and recapturing seepage from the reservoir. Mr. Mahoney advised that in order to comply with the Governor's Declaration of a State of Emergency on August 30, 2002 and the later clarifications, staff reviewed ordinances from other localities and attempted to incorporate many of those ideas in a draft ordinance while modifying it to address County issues. The draft ordinance includes regulations on private wells and water systems because the Governor's Order and later directives requested that localities try to regulate withdrawals from private well systems. Mr. Mahoney advised that an issue to be considered is the enforcement and subsequent penalties for violations. He reported that the County could impose a criminal penalty which would be a Class 3 misdemeanor with the maximum penalty of a $500 fine but with no jail time. However, criminal penalties would be very difficult to enforce and time consuming because they would involve the Police Officers and the court system. Staff prefers a civil penalty which could be imposed by the Utility Department. Upon the first offense, a warning would be issued and upon additional offenses, a penalty would be assessed through a water bill surcharge of varying amounts. The civil penalty would not apply to citizens who do not use County water. Mr. Mahoney advised that another issue to be determined deals with the types of activities that are to be regulated under the mandatory provisions. In some instances, the draft ordinance is more stringentthan the Governor's Order because itwould prohibit the washing of motor vehicles by new or used car dealers except by those September 24, 2002 619 businesses who use high-pressure, low-consumption equipment or some type of water recycling system. The County's ordinance would also prohibit the watering of school athletic fields and golf courses. The only exception to this would be in cases where there is reseeding or replanting of lawns and they could be watered for a period not to exceed thirty days. The Governor in his explanatory materials issued on September 4, 2002, indicated that the rules were looser with respect to school athletic fields. Mr. Mahoney advised that as new information comes from the Governor's office and staff looks at how other localities handle these issues, the Board may want to make some changes between the first reading and second reading of the ordinance. If the Board wants to move forward with the ordinance as presented, he requested that they authorize his office to publish a legal notice in early October with the anticipated adoption and effective date of the ordinance being October 8, 2002. Supervisor Minnix was concerned that most citizens do not understand what is being mandated by the Governor's Order and what is stated in the County's ordinance. He recommended that once this ordinance is in effect, staff could utilize Channel 3 - RVTV to communicate the proper information to the citizens in an easily understandable manner. Supervisor Nickens stated that a provision in the ordinance will reduce scheduled sewer and hydrant flushing by 50% but that ftushing to meet immediate health and safety requirements is exempt. He asked if all scheduled sewer and hydrant ftushing could be eliminated. Mr. Robertson advised that there is a routine ftushing program for water lines a couple of times a year to prevent problems but the scheduled flushing could be eliminated. Supervisor Nickens advised that he would leave this to the staff but he believes it should be cut at least 75%. Supervisor Nickens advised that for the sake of clarity, he would like to see 620 September 24, 2002 the Code Section for an appeal enumerated in the ordinance so a citizen would not have to refer to another document. He also advised that this ordinance does not apply to the residents of the Town of Vinton and that the Town has taken its own steps to ensure water conservation measures. Mr. Robertson advised Supervisor Church that the reservoir is within 3 to 3 % feet of normal operating capacity. Mr. Mahoney advised Supervisor Church that during August, the staff recommendation was for voluntary conservation measures as suggested in the draft ordinance. Since that time the Governor's Declaration has been issued, and staff is requesting that the Board move forward with the mandatory provisions in the ordinance. In response to Supervisor Minnix's inquiry, Mr. Mahoney advised that enforcement would be handled by employees in the Utility Department when a civil penalty is applied and the Police Department in cases where they cannot collect a civil penalty and there is a criminal penalty. Supervisor Flora suggested that it was unclear if this ordinance applies to surface water since this is not stated in the ordinance. Mr. Mahoney advised that it does apply to surface water and he could clarify this if directed by the Board. Supervisor Flora advised that he shared Supervisor Nickens' concern that if the County is adopting mandatory water conservation measures, it is appropriate to eliminate or delay sewer line and hydrant flushing. Mr. Hodge advised that the issue of not watering school athletic fields has not been coordinated with School Superintendent Dr. Weber, and this should be done before the second reading. With regard to not watering golf courses, he advised that although they are a recreational activity, the start-up costs are tremendous if a course has to be rebuilt. He would like to be sure that the County is consistent with other localities on these September 24, 2002 621 restrictions. He suggested that Mr. Mahoney might want to clarify the ordinance by adding the restrictions on watering athletic fields and golf courses. Mr. Mahoney advised Supervisor Church that implementing the mandatory provisions of the ordinance would take an affirmative action by the Board, and he recommended that the Board take this action at their meeting on October 8,2002. If the Board decides to remove the mandatory restrictions, they would need to approve an action to do this and publish a notice for citizens to satisfy due process concerns. Supervisor Nickens suggested that athletic fields could be watered with recycled waterorwith recaptured water from flushing hydrants. Mr. Robertson advised that this might be possible if the fire truck had the capability to capture the water. Supervisor Flora clarified that he was not suggesting that this ordinance should apply to surface water but pointing out that there was no reference made to surface water. He suggested that surface water might be another way that the athletic fields could be watered. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for October 8, 2002, at 3:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara IN RE: APPOINTMENTS 1.. Viroinia Western Community Colleoe Board Supervisor Church advised that he hopes to have a nomination at the next 622 September 24, 2002 meeting. INRE: R-092402-2 CONSENT AGENDA Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara RESOLUTION 092402-2 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 September 24, 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 3, inclusive, as follows: 1. Approval of minutes - April 18, 2002 Regional Leadership Summit; April 23 and September 10, 2002 Board meetings 2. Request from schools to appropriate $2,180 grant from the Virginia Department of Education for industry based certification training for teachers 3. Request to accept water and sewer facilities serving Northview Gardens That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara September 24, 2002 623 INRE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara 1.. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continoency Fund 4. Future School Capital Reserve 5. Accounts Paid - Auoust 2002 6. Statement of Expenditures and Estimated and Actual Reyenues for The month ended Auoust 31. 2002 7. Statement of the Treasurer's Accountabilitv per Investment and Portfolio Policy. as of Auaust 31. 2002 IN RE: CLOSED MEETING At 4:10 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia 2.2-3711 A (1) discussion or consideration of the employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers; 2.2-3711 A (20) discussion of plans to protect public safety as it relates to public health and terrorism; and 2.2-3711 A (7) to discuss pending litigation against the Electoral Board in Marye vs. Quinn. The motion carried by the following recorded vote: 624 September 24, 2002 AYES: NAYS: ABSENT: IN RE: INRE: Supervisors Flora, Minnix, Nickens, Church None Supervisor McNamara CLOSED MEETING The Closed Meeting was held from 4:10 p.m. until 5:00 p.m. ARRIVAL Supervisor McNamara arrived at 4:38 p.m. IN RE: WORK SESSION (4TH FLOOR CONFERENCE ROOM) - 5:00 P.M. 1.. Work session with schools to discuss capital improvements. (Dr. Linda Weber. Superintendent) The work session was held from 5:05 p.m. until 6:00 p.m. Chairman Church welcomed the School Board members to the work session. School Board Chairman Irvin called the School Board meeting to order at 5:05 p.m. with all members present: Bill Irvin, Jerry Canada, Drew Barrineau, Mike Stovall, and Marion Roark. Also present from the School Administration staff were Dr. Linda Weber, School Superintendent; Penny Hodge, Director of Finance and Budget; George Assaid, Coordinator of Construction Projects; Deputy Clerk Darlene Ratliff and Clerk Brenda Chastain. Chairman Irvin stated that the purpose of the work session was to present the School Board's prioritized list of thirteen projects for Phase II of the Comprehensive Facilities Study and to discuss funding needs. He advised that Request for Proposals September 24, 2002 625 (RFP's) have been requested for the first three projects: (1) Mountain View Elementary School, (2) Herman L. Horn Elementary School, and (3) Oak Grove Elementary School. He advised that the estimated costs for each project were provided as a preliminary guide only and the School Board planned to complete the projects in order as funds were available. Supervisor Nickens advised that the Blue Ribbon Committee has indicated that they do not want the Phase II program referred to as the Blue Ribbon Committee Phase II because the priority list is different from the list they recommended. There was agreement that the list could be referred to as Phase II Construction projects for the County Schools. He also expressed concern that priority #5 (renovations to Northside High School) was lower on the list than priority #4 (Cave Spring/Hidden Valley high stadium and playing fields). He stated that alternatives to the 125 game schedule at Bogle Field may exist. He questioned the funding source for miscellaneous small projects which were not on the list. Dr. Weber responded that these miscellaneous projects would be funded with end-of-year funds, but if this was not possible, they may have to come back to the Board. Chairman Irvin advised that the balance from Phase I may also be used to fund the miscellaneous projects. Mr. Hodge advised that because of the debt drop-off of almost $1.9 million (of which $1.25 million is County funds), there will be as much as $22 million for Phase II school projects if the interest rates stay at 5% and the construction bids are received within the current estimates. There was discussion concerning priority #4 with Supervisor Minnix advising that even if a new stadium is built for Hidden Valley High School, the Bogle Field still needs improvement. Supervisor McNamara advised that improvements to 626 September 24, 2002 Bogle Field will not solve the problem and he feels that if a stadium for Hidden Valley High School is not built now, it will not be built in the future. Supervisor Nickens questioned the effect of providing $22 million for school construction on the County's major project funding needs. Mr. Hodge assured him that the County's project funding needs would not be jeopardized. He stated that should the State funding change, the two boards will meet again. Supervisor Nickens questioned whether the balance left from Phase I would be sufficient to fund the RPFs for architectural and engineering (A&E) cost for the first three projects. Dr. Weber advised that the balance may be sufficient for the first five projects. In response to Chairman Church's inquiry about the time frame for obtaining A&E costs, Mr. Assaid responded that should the projects be value engineered at 35 percent of construction and costs estimates completed at 99 percent, these costs should be available by late summer, 2003. Mr. Canada moved that the School Board ask the Board of Supervisors for approval to proceed with RFP's on the A&E costs for the first five projects and amend the fourth project (Cave Spring/Hidden Valley High Stadium and playing field) to include improvements to the Bogle Field and construction of a new stadium at another site, preferably the Merriman Site. The motion was seconded by Mr. Stovall, and carried by the following recorded vote: Ayes: Mr. Irvin, Mr. Canada, Mr. Barrineau, Mr. Stovall Nays: Ms. Roark Ms. Roark advised that the School Board looked at all three reports over the past six months and met in a retreat to prioritize the projects. She stated that she September 24, 2002 627 believes that educational needs are a priority and the stadium issue could be addressed in the future. Chairman Church advised that the Board had reached consensus in the work session to support the motion approved by the School Board. Dr. Weber advised that when the A&E information is received, they will bring this information back at another meeting. INRE: CLOSED MEETING The Closed Meeting was continued from 6:20 p.m. until 6:45 p.m. INRE: R-092402-3 CERTIFICATION RESOLUTION 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: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None RESOLUTION 092402-3 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 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 628 September 24, 2002 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 INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS Chairman Church recognized Steve Busic, a student from Hidden Valley Junior High School, who was attending the meeting as part of a civics class, and his mother, Linda Busic. 1.. Certificate of Recoanition to Roanoke County Schools for beino selected one of the Best 100 Communities for Music Education in America in 2002 Chairman Church presented the certificate of recognition to Dr. Linda Weber, Superintendent of Schools; Greg Denton, Fine Arts Coordinator; Lorraine Lange, Associate Director of Instruction; and Bill Irvin, School Board Chairman. 2. Briefino from Paul Mahoney. County Attorney. concernina the process to fill the yacancy in the Vinton Maoisterial District. Mr. Mahoney repeated comments he made earlier in the meeting concerning the Board's legal procedures for selecting a citizen to fill the vacancy for the Vinton Magisterial District created by Supervisor Nickens' resignation. September 24, 2002 629 Chairman Church advised that the following procedures will be in effect for the applicants for this position: (1) October 1, 2002 is the deadline for citizens to apply by submitting a resume or other information for consideration of this appointment. (2) Each applicant will be interviewed by the Board. (3) Information concerning the vacancy and how to apply will be placed on RVTV, Channel 3. (4) Citizens can call the Clerk's Office at 772-2005 for information on where to mail their application to be considered for appointment to this vacancy. As suggested by Supervisors McNamara and Nickens, the Board agreed that: (1) Information concerning an applicant will be distributed to all Board members when received by the Clerk's Office. (2) The Board will adjourn the October 8, 2002 meeting to a special meeting, date to be determined for consideration of this appointment. Deputy Clerk Holton and Supervisor McNamara expressed their appreciation to Supervisor Nickens for his years of service. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1.. Second readina of ordinance to rezone 6.15 acres from AR. Aaricultural Residential District. to 1-1. Industrial District. and to obtain a Special Use Permit for 2 acres for a mini- warehouse. located on 6227 - 6237 West Main Street. Catawba Maoisterial District. upon the petition of Triple S. Inyestments. Withdrawn at the reauest of the øetitioner Chairman Church confirmed with the Deputy Clerk that the petitioner had withdrawn this request. 630 September 24, 2002 0-092402-4 2. Second readino of an ordinance to obtain a special use permit on a .374 acre parcel located at 3704 Brambleton Ayenue and rezonino from C-1. Office District. to C-2. General Commercial District. and to obtain a special use permit on a .226 acre portion located at 3738 Brambleton Ayenue for the construction and operation of a minor automobile repair service and used automobile dealership. Caye Sprino Maoisterial District. upon the petition of Keith W. Martin and the Roanoke County Board of Supervisors. (Janet Scheid. Chief Planner) Mr. David Holladay, Senior County Planner, advised that the petitioner intends to move his business to Brambleton Avenue where he currently owns the .374 acre parcel on the corner which is zoned C-2 Commercial. He has asked to purchase the .226 acre portion of the Brambleton Center property which is adjacent to his property and zoned C-1, Office District. The special use permit would apply to the entire development for a used automobile dealership with the minor automobile repair being allowed by right in the C-2 district. The Planning Commission recommended approving the unconditional rezoning and the special use permit with four conditions. These conditions were: (1) In order to screen the Brambleton Center building and picnic area from the minor automobile repair and used automobile dealership, a 6-foot privacy fence shall be installed and one row of large evergreen trees planted for every 15 linear feet, in the area along the common property line between the Brambleton September 24, 2002 631 Center and the proposed automobile repair and used automobile dealership facility. (2) There shall be a maximum of 15 used vehicles on display for sale on the property at one time. (3) The off-premise sign on the property shall be removed and no new off- premise signs on the property shall be permitted. (4) Exterior lighting shall be directed away from the adjacent neighborhood on Manassas Drive. Mr. Holladay advised that Mr. Mahoney recommended that the Board not approve Condition #3 and this condition had been removed from the ordinance being presented for approval. In response to Supervisor Minnix's inquiry, Mr. Martin, the petitioner, advised that he was willing to comply with all four conditions of the special use permit. Supervisor Minnix moved to approve the second reading of the ordinance. Supervisor McNamara asked Supervisor Minnix if his approval of the second reading and ordinance included Condition #3 because that condition had been removed from the ordinance. Mr. Mahoney advised that if the Board approved Condition #3, under the State Code requirements, the County would have to pay the costs of removal of the sign and compensation to Lamar Advertising for its value. Supervisor McNamara suggested that the petitioner voluntarily agree to have the sign removed. Mr. Martin reported that he felt he had no obligation to Lamar Advertising regarding the sign and had made no final determination about removing it. Mr. Mahoney advised that Mr. Martin already had the right to remove the sign but he recommended that removal of the sign not be required by the Board. Supervisor Minnix clarified with Mr. Martin that Condition #3 was not a part of the ordinance that he moved to approve. 632 September 24, 2002 Supervisor McNamara advised that by removing a condition based upon potential financial liability, the Board is not adopting the ordinance that the Planning Commission approved. Mr. Mahoney advised that Mr. Martin does not have to voluntarily proffer this condition because the sign is located on real estate already zoned for his proposed use and no rezoning condition is necessary. The only zoning change being requested is for the property that the Board has been asked to convey to Mr. Martin on the next agenda item. Supervisor Nickens advised that it was not unusual for the Planning Commission to make recommendations to the Board only to have clarifying information brought forward later which changed the situation. Chairman Church advised that the Board would be voting on Supervisor Minnix's motion to approve the ordinance without Condition #3 from the Planning Commission. 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: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 092402-4 GRANTING A SPECIAL USE PERMIT ON A .374 ACRE (TAX MAP NO. 77.13-3-1) LOCATED AT 3704 BRAMBLETON AVENUE, AND TO CHANGE THE ZONING CLASSIFICATION FROM THE ZONING CLASSIFICATION OF C·1 TO THE ZONING CLASSIFICATION OF C-2 AND GRANTING A SPECIAL USE PERMIT ON A .226-ACRE (PART OF TAX MAP NO. 77.13-3-2) LOCATED AT 3738 BRAMBLETON AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF KEITH W. MARTIN AND THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on August 27, 2002, and the second reading and public hearing were held September 24, 2002; and, September 24, 2002 633 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 2002; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Keith W. Martin and the Roanoke County Board of Supervisors to construct and operate a minor automobile repair service and used automobile dealership to be located at 3704 and 3738 Brambleton Avenue (Tax Map No. 77.13-3-1 and part of Tax Map No. 77.13- 3-2) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of' 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) In order to screen the Brambleton Center building and picnic area from the minor automobile repair and used automobile dealership, a 6-foot privacy fence shall be installed and one row of large evergreen trees planted for every 15 linear feet, in the area along the common property line between the Brambleton Center and the proposed automobile repair and used automobile dealership facility. There shall be a maximum of 15 used vehicles on display for sale on the property at one time. Exterior lighting shall be directed away from the adjacent neighborhood on Manassas Drive. 2. That the zoning classification of a certain tract of real estate containing .226 acre, as described herein, and located 3738 Brambleton Avenue (Part of Tax Map Number 77.13-3-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 3. That this action is taken upon the application of Keith Martin and the Roanoke County Board of Supervisors. 4. That said real estate is more fully described as follows: BEGINNING at a corner, being the northwesterly corner of remaining portion of Lot 1, Mount Vernon Heights (PB2, page 67), property of Keith W. Martin (Tax Map No. 77.13-3-1), said point also located on the southerly right-of-way of Brambleton Avenue (U.S. Route 221); thence leaving Brambleton Avenue and with the westerly side of Lot 1, Mount Vernon Heights S. 32 deg. 00' 00" W. 196.45 feet to a corner, said point being the northeasterly corner of Lot 14, Mount Vernon Heights, said point also being the southwest corner of Lot 1, Mount Vernon Heights; thence leaving Lot 1 and with the northerly boundary of Lot 14 S. 58 deg. 00' 00" W. 50.00 feet to a corner; thence leaving Lot 14 and with a new division line through Lot 2, Mount Vernon Heights, property of Roanoke County Board of Supervisors N. 32 deg. 00' 00" W. 196.89 feet to a point located on the southerly right-of-way of Brambleton Avenue; thence with Brambleton Avenue N. 58 deg. 30' 04" E. 50.00 feet to the Point of (2) (3) 634 September 24, 2002 Beginning and containing 9,833 square feet (0.226 acre), and being a portion of Tax Map No. 77.13-3-2. 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 readino of an ordinance authorizino conyeyance of a 0.226 acre parcel of real estate known as the remainino portion of Lot 1. Mount Vernon Heiohts. Caye Sprino Maaisterial District. (Paul Mahoney. County Attorney) 0-092402-5 Mr. Mahoney advised that the Board approved the first reading of the ordinance at their September 10 meeting; that notice of the proposed sale has been published in the newspaper; and no other offers have been received for this property. He recommended that the Board accept and approve the offer from Keith W. Martin for $40,000. 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 092402-5 AUTHORIZING CONVEYANCE OF A 0.226- ACRE PARCEL OF REAL ESTATE (TAX MAP NO. 77.13-3-1) KNOWN AS THE REMAINING PORTION OF LOT 1, MOUNT VERNON HEIGHTS IN THE CAVE SPRING MAGISTERIAL DISTRICT September 24, 2002 635 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on September 10, 2002; and a second reading and public hearing was held on September 24, 2002, concerning the sale and disposition of a 0.226-acre parcel of real estate known as the remaining portion of Lot 1, Mount Vernon Heights, Tax Map No. 77.13-3-1; and 3. That an offer having been received for said property, the offer of Keith W. Martin to purchase this property for $40.000 is hereby accepted; and 4. That all net proceeds from the sale of this real estate are to be allocated to the Capital Projects Fund for improvements to the Brambleton Center; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. 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 readino of an ordinance to obtain a special use permit to construct a driye-in restaurant on 10.15 acres located at the 4300 block of Starkey Road. Caye Sprino MaÇlisterial District. upon the petition of Robert A. Buckley/Jaya the Hutt. (Janet Scheid. Chief Planner) 0-092402-6 Mr. Holladay advised that this is a request for a special use permit for a Java the Hut drive-through coffee service. The proposed building would occupy less than 200 square feet with drive-through service provided on both sides of the building. The Planning Commission recommended approval with four conditions. 636 September 24, 2002 Supervisor Minnix asked why the wording in Condition #1 approved by the Planning Commission at their meeting had been changed in the ordinance from "drive- through beverage service building" to "drive-through expresso and coffee bar." Mr. Holladay explained that Mr. Witt, a member of the Planning Commission, suggested this change to make the use more specific. Supervisor Minnix advised that he agreed with the change. There was no further discussion and no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance with the four conditions. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None ORDINANCE 092402·6 GRANTING A SPECIAL USE PERMIT TO ROBERT A. BUCKLEY/JAVA THE HUT TO CONSTRUCT A DRIVE-IN RESTAURANT ON 10.15 ACRES TO BE LOCATED AT 4300 BLOCK OF STARKEY ROAD (TAX MAP NO. 77.19-1-29.1), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Robert A. Buckley/Java the Hut has filed a petition for a special use permit to construct a drive-in restaurant on to be located at the 4300 block of Starkey Road (Tax Map No. 77.19-1-29.1) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 3, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 27,2002; the second reading and public hearing on this matter was held on September 24, 2002. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Robert A. Buckley/Java the Hut to construct a drive-in restaurant to be located at the 4300 block of Starkey Road (Tax Map No. 77.19-1-29.1) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The special use permit shall be for one drive-through expresso and coffee bar on the parking lot of Old Country Plaza. September 24, 2002 637 (2) The drive-through service building shall be placed on existing parking spaces so that the drive-through lanes do not interfere with two-way traffic flow in the parking lot. (3) The drive-through lanes shall be clearly striped to indicate direction of travel. (4) The building shall be located outside all drainage easements. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 5. Second readino of an ordinance authorizino the yacation of a portion of an existino sanitarv sewer easement created on subdiyision plat of Section 4. The Groves. recorded in Plat Book 19. Paae 140. across the remaining portion of Tract C. owned by Palm Land Company. L.C.. Caye Sprino Maaisterial District. (Arnold Coyey. Director of Community Deyelooment) 0-092402-7 Mr. Covey advised that there have been no changes since the first reading 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 638 September 24, 2002 ORDINANCE 092402-7 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING SANITARY SEWER EASEMENT CREATED ON SUBDIVISION PLAT OF SECTION 4, THE GROVES, RECORDED IN PLAT BOOK 19, PAGE 140, ACROSS THE REMAINING PORTION OF TRACT C (PLAT BOOK 17, PAGE 3; TAX MAP NO. 96.07-1-6) OWNED BY PALM LAND COMPANY, L.C., IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'PLAT OF SUBDIVISION FOR PALM LAND COMPANY, L.C., CREATING HEREON SECTION 4, "THE GROVES" BEING A SUBDIVISION OF ORIGINAL TRACT "c" (TAX #96.07-1-6) (P.B. 17, PG. 3)', dated February 4, 1997, and· recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 19, page 140, a variable width sanitary sewer easement was created and shown across the 'Remaining Portion of Tract C' as "NEW S.S.E."; and, WHEREAS, the Petitioner, Palm Land Company, L.C., is the owner of the remaining portion of Tract C, which it proposes to develop into Section 9, The Groves; and, WHEREAS, the Petitioner proposes relocation of a portion of the existing sanitary sewer line and easement for more efficient development of the property; and, WHEREAS, the Petitioner has requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate a portion of the existing sanitary sewer easement, with the new easement to be dedicated upon the subdivision plat for Section 9 of The Groves; and, WHEREAS, this relocation and 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 September 10, 2002; the public hearing and second reading of this ordinance was held on September 24, 2002. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the existing sanitary sewer easement across the 'Remaining Portion of Tract C' (Tax #96.07-1-6; P.B. 17, pg. 3), being designated and shown as "EXIST. SANITARY SEWER EASEMENT (P.B. 19 PG. 140) [TO BE VACATED]" on Exhibit A attached hereto, said easement having been created and designated as "NEW S.S.E." on 'PLAT OF SUBDIVISION FOR PALM LAND COMPANY, L.C., CREATING HEREON SECTION 4, "THE GROVES" BEING A SUBDIVISION OF ORIGINAL TRACT "c" (TAX #96.07-1-6) (P.B. 17, PG. 3), dated February 4, 1997, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 140, 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 following conditions: a. That, in exchange, the new relocated sanitary sewer easement shall be dedicated by the subdivision plat to be recorded for Section 9, The Groves, upon approval by the Roanoke County Subdivision Agent. September 24,2002 639 b. That all costs and expenses associated herewith, including but not limited to publication, recordation, survey and line relocation costs, shall be the responsibility of the Petitioner. 2. That the County Administrator, an Assistant County Administrator, or a Roanoke 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 Minnix 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 Supervisor McNamara explained that his absence from the meeting earlier was to attend a meeting as Vice Chair of the Metropolitan Planning Organization with the Commissioner of Transportation for the Commonwealth. He felt it was important to take this opportunity to meet with the Commissioner to voice the Board's concern that 36% of the funds for the Salem District are going to the Smart Road, and to ask for assistance with other road projects. Supervisor Minnix: (1) He asked Mr. Hodge when the County would have some idea on state budget reductions for this year. Mr. Hodge responded that the Governor has asked for reports from all State departments on budget cuts. There is some information available about funds being withheld, but the final outcome will not be known until the end of October or first of November. (2) He encouraged the citizens of the County and Valley to be frugal in their use of water since no one knows how long the drought will continue. He asked Mr. Hodge to put some information on RVTV Channel 3 about the water conservation measures being implemented by the County. 640 September 24, 2002 Supervisor Church (1) He advised that this had been an emotional day with the resignation of Supervisor Nickens and expressed his thanks to him for his years of service. The County is planning a formal reception for Supervisor Nickens and his family following the October 8 meeting. (2) He advised that he attended the Volunteer Appreciation Picnic on September 15 and enjoyed very much talking with the volunteers from all departments. He thanked them for their service to the County. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:45 p.m. Submitted by, Approved by, ~~¡~~~C~cL Chairman ~~.~ Brenda J. olton, CMC Deputy Clerk to the Board