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HomeMy WebLinkAbout11/19/2002 - Regular November 19, 2002 737 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 19, 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 November, 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 Michael W. Altizer, Richard C. Flora, H. Odell "Fuzzy" Minnix (arrived at 3:15 p.m.) 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; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by Dr. Maurita J. Wiggins, Valley Community Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS November 19, 2002 738 Mr. Hodge requested that items E-3, County agreement with Virginia Department of Transportation (VDOT), and G-1, first reading of ordinance for easements for the construction of the Indian Grave Road Extension and Route 220 intersection improvements, be moved to the evening session to allow citizen groups to be present to speak on the matter. It was the consensus of the Board to move the items to R.1-1 and R.2-1. Mr. Mahoney added the following closed meetings: Closed Meeting pursuant to Section 2.2-3711 A (3) discussion of the disposition of publicly-held real property, namely long-term lease at Vinyard Park; Section 2.2-3711 A (3) discussion of the acquisition of real estate for public purposes, namely item G-1 Indian Grave Road and U.S. Route 220 intersection improvements. INRE: BRIEFINGS 1:. Briefina 2!! recent Virainia Department of Health inspection report = Sprina Hollow Water Treatment Facility. ~ Robertson. Utility Director) Mr. Robertson reported that the Spring Hollow Water Treatment Facility (WTF) has been in operation since January 1996. At that time, approximately 300,000 gallons per day were treated. Current production is approximately 4.5 - 5 million gallons per day (MGD). Since early this summer, the County has been treating approximately 8.5 MGD and selling approximately 4 MGD to the City of Roanoke. November 19, 2002 739 Some of the comments contained in the Virginia Department of Health's (VDH) report include: }> "Spring Hollow WTF was found to be well maintained and in excellent operating condition" }> "... obvious that the operators take great pride in their work and take (sic) their job seriously." }> "Monthly operation reports..... indicate superior operation and product quality." }> "..... filtered water turbidities never exceeded the 0.3 NTU compliance level. More impressively, filtered water turbidities never exceeded the health department goal of 0.1 NTU. Mr. Robertson explained that water clarity is measured in terms of turbidity. The VDH compliance level for turbidity is 0.3 NTU on filtered water. He indicated that the average turbidities for the County are 0.04 - 0.05, significantly below the VDH goal and far below the minimum requirement. As a result of this accomplishment, the Utility Department has been able to secure permission from the VDH to proceed with a pilot study to evaluate the feasibility of increasing the flow-through capacity of the treatment filters. It is anticipated that the results of this study will justify a re-rating of the overall filtration capacity from 15 MGD to 18 MGD. Mr. Robertson introduced the following Utility Department employees who were present at the meeting: Jeff Booth, Water Production Supervisor; Mike Duffy, Lead Senior Operator; Dean Wood, Lead Senior Operator; David White, Water Operator; Greg Honeycutt, Water Operator; Randy Smith, Lab Technician; Lisa November 19, 2002 740 Sigerich, Lab Technician; Toby Wiseman, Lab Supervisor; Danny Foster, Senior Operator; Curtis Puckett, Water Operator; and Courtney Old, Water Operator. IN RE: NEW BUSINESS 1:. Reauest 12 ~ water conservation restrictions. ~ Robertson. Utility Director) A.111902.1 Mr. Robertson reported that this item was originally scheduled as a second reading to amend the water conservation measures. Staff is requesting that adoption of the amendments to the water conservation ordinance be postponed and a work session scheduled in the winter or spring to present a revised three-tier water conservation system that will better meet the County's needs. In lieu of adopting amendments to the ordinance, staff is requesting that the Board lift the mandatory water conservation restrictions. Mr. Robertson reported that the County has been under mandatory conservation for the past several months to support the Governor's implementation of state-wide conservation. There have, however, been substantial amounts of rain during the past several weeks and the Governor has since lifted the state-wide conservation measures. Staff has evaluated the level of the County's water supply and have determined that it remains sufficient to supply the County, as well as assisting Roanoke City, for the foreseeable future. In excess of 5.3 inches of rain were received in October and over 2 inches in November. This has brought the drought status in Virginia from severe to moderate. November 19, 2002 741 Mr. Robertson indicated that the current level at Spring Hollow Reservoir is 1,391 feet which represents 76% of the volume in the reservoir. The reservoir is currently at a level higher than the five year average. It is anticipated that with the continued operation of four pumps, the County will be at a level of 1,395 feet by the end of the week which will be approximately 80% of the volume of the reservoir. Since October 28, over 600 million gallons of water have been pumped into the reservoir. In light of this information, Mr. Robertson stated that it would be prudent for the County to lift the mandatory conservation measures but would like to continue with the following: (1) Placing standby wells in service. (2) Request that citizens and businesses continue with voluntary conservation measures. Mr. Robertson indicated that an advertisement will be placed in the paper on Saturday, November 23, to effectively remove the mandatory conservation measures if this is the Board's decision. Supervisor Church moved to approve staff recommendation (terminate mandatory water conservation but encourage voluntary conservation). The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Reauest to approve aareement with American Electric Power for the purchase of surplus power .!!! Sprina Hollow Reservoir. ~ Robertson. Utility Director) A-111902-2 November 19, 2002 742 Mr. Robertson reported that since 1994, Roanoke County has had a special amendment to its contract with American Electric Power (AEP) relating to Spring Hollow. In the past, Spring Hollow operated under "public authority" rates with the exception of the months of December, January, and February. During those months, the County could not operate any pumps during daytime hours without paying excessive demand charges. When the contract expired July 2, 2002, AEP did not offer the same condition for Spring Hollow. AEP proposed that the County choose the maximum number of pumps to be operated during "on peak" times throughout the year. If two pumps were chosen, then the County could never operate the two pumps "on peak", but could operate all five pumps "off peak". The attorneys representing the County through the Virginia Municipal League and the Virginia Association of Counties negotiated with AEP. These negotiations produced an agreement that allows Roanoke County to base the demand charge on a two-pump operation and allow for purchase of surplus power on the days additional pump operation is desired. The purchase of surplus power is contingent on AEP having that power available. Supervisor Church moved to approve staff recommendation (approval of the agreement). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None November 19, 2002 743 ~ Approval Qf ! renewal amendment 12 !!l aareement with Bell Atlantic = Virainia. Inc. (now Verizon Virainia. Inc.) 12 sublease tower space and eQuipment buildina space for! repeater antenna on Poor Mountain as m!!! Qf the E-911 communication system, Windsor Hills Maaisterial District. (Anne Marie Green, Director of General Services) R-111902-3 Ms. Green stated that this request is to renew an existing agreement with Bell Atlantic, now known as Verizon. The County has a repeater antenna on Poor Mountain to provide a backup to the emergency communications system and to serve as a conventional repeater to reach the south side of Poor Mountain and the Bent Mountain area. The County entered into a formal agreement with Bell Atlantic (now Verizon Virginia) in 1997 for five years, and staff is requesting that this agreement be renewed for an additional five year term ending December 31, 2007 with annual renewals thereafter. The sublease amendment continues to require no payment of rent, and the following provisions for payment by the County remain in effect: (1) labor costs, if necessary, associated with Verizon permitting access to the site after normal work hours; and (2) Owners and Contractors Protective Insurance, naming Verizon Virginia Inc. as the insured. The approximate cost of this insurance has increased from $350.00 per year to $1,200.00 - $1,500.00 per year, but staff is still negotiating with Verizon for a November 19, 2002 744 possible alternative at no cost. The funds are available in the budget of the Communications Division of the Information Technology Department. There was no discussion on this matter. Supervisor McNamara moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-3 FOR APPROVAL OF A RENEWAL AMENDMENT TO AN AGREEMENT WITH BELL ATLANTIC - VIRGINIA, INC. (NOW VERIZON VIRGINIA, INC.) TO SUBLEASE TOWER SPACE AND EQUIPMENT BUILDING SPACE FOR A REPEATER ANTENNA ON POOR MOUNTAIN IN THE WINDSOR HILLS MAGISTERIAL DISTRICT AS PART OF THE E911 COMMUNICATION SYSTEM WHEREAS, the Board of Supervisors adopted Ordinance 012798-3 authorizing the execution of a sublease agreement with Bell Atlantic - Virginia, Inc. (now Verizon Virginia, Inc.) for tower and equipment building space for a repeater antenna as part of the E911 communication system at a tower site on Poor Mountain in the Windsor Hills Magisterial District of Roanoke County, for an initial term of five years beginning January 1, 1998; and, WHEREAS, this site is critical to Roanoke County's public safety communications in that is serves as a backup system to the entire 800MHz radio system should a failure occur and has a secondary role of providing communications in areas not covered by the main system, such as on the back side of Poor Mountain and areas of Bent Mountain; and WHEREAS, this repeater site is necessary for the health, safety, and welfare of the citizens of Roanoke County; and, WHEREAS, Section 18.04 of the County Charter requires the adoption of an ordinance to acquire an interest in real estate; however, after such ordinance shall have taken effect, all subsequent proceedings incidental thereto may be taken by resolution of the Board, and WHEREAS, the County desires to enter into an amendment of the sublease agreement to extend the sublease for an additional five year term ending December 31, 2007. November 19, 2002 745 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator, or an Assistant County Administrator, is hereby authorized to execute the necessary documents andlor agreements for renewal of the sublease, dated December 30, 1997, of the tower space and equipment building space at the Bell-Atlantic - Virginia, Inc. (now Verizon Virginia, Inc.) tower site on Poor Mountain, through the period ending December 31, 2007, with annuals renewals thereafter, and upon form approved by the County Attorney. On motion of Supervisor McNamara to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None !" Approval of Dental Plan Renewal: 2003. (Rebecca Owens. Finance Manaaer) A-111902-4 Ms. Owens reported that the County of Roanoke and Roanoke County Schools participate in a fully insured group dental insurance program for their eligible employees and retirees. The provider is Delta Dental and the group includes members from the Roanoke Valley Regional Health Care Consortium. The current contract expires on December 31, 2002. Ms. Owens stated that the Consortium. through Roanoke County Finance, issued a request for proposals to renew the dental insurance contract for Consortium members. Proposals were received from various vendors and evaluated by the Consortium members as well as Palmer & Cay Consulting Group. Consortium members voted to accept the proposal from Delta Dental. The proposal calls for an initial one-year term with a renewal option for each of two additional years. The plan renewal calls for a 3% increase in rates for 2003 and guarantees a rate increase for 2004 of less than 5%. The maximum potential impact to the budget November 19, 2002 746 for both the County and Schools combined is $25,000, which could be covered through existing fund balances. Supervisor Flora commented on his positive experiences with Delta Dental, and stated that the amount of increase is relatively small. Supervisor Flora moved to approve Alternative 1, to accept Delta Dental as the service provider for the group dental insurance plan. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Reauest for approyal Qf the 2003 Holiday Schedule. (Joe Saroi. Director Qf Human Resources) A-111902-5 Mr. Sgroi stated that in 2002, the Board designated two minor holidays that the County would be open but which would become floating holidays. The employees received nine holidays in the year 2002. Mr. Sgroi indicated that in 2000 and 2001, the floating holiday of Columbus Day had been replaced with a fixed holiday of Christmas Eve. He stated that since Christmas falls on a Thursday in 2003, there may be an operational benefit to closing on Friday, December 26. This will provide a longer weekend for employees, and may also make it easier for citizens to take care of business in the first three days of the week. Mr. Sgroi indicated there would be very little fiscal impact, and outlined the following alternatives: (1) Instead of two floating November 19, 2002 747 holidays (Presidents' Day and Veterans' Day) as in the current year, designate three floating holidays to include Presidents' Day, Veterans' Day, and Columbus Day. (2) Continue with Presidents' Day and Veterans' Day as the two floating holidays and designate Christmas Eve, December 24, 2003, as a holiday rather than Columbus Day in October 2003. (3) Continue with Presidents' Day and Veterans' Day as the two floating holidays and designate Friday, December 26, as a County holiday when the offices will be closed rather than Columbus Day in October 2003. In response to a question from Supervisor Minnix, Mr. Sgroi reported that both County operations and employees have responded favorably to the concept of floating holidays. He also clarified that the staff recommendation is to close the offices on Friday, December 26 in addition to Christmas Day, December 25. December 26 would not be a floating holiday, and employees would be able to use annual leave if they wished to take time off on December 24. Supervisor McNamara voiced his support of the floating holiday system because it improves the service level to the citizens, but also gives employees greater flexibility. In response to a question from Supervisor Church, Mr. Sgroi indicated that the alternative which would provide the least impact to citizens would be Alternative 3. Mr. Sgroi stated that he conducted an informal poll among department directors, and the general consensus favored closing on Friday, December 26. November 19, 2002 748 Supervisor Church moved to approve Alternative 3, continue with Presidents' Day and Veterans' Day as the two floating holidays and designate Friday, December 26, as a County holiday when the offices will be closed rather than Columbus Day in October 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Additional Appropriations for Fiscal Year 2002-2003. (Brent Robertson. Budaet Director) A-111902-6 Mr. Robertson reported that the latest state budget reductions were discussed at a work session held November 5, 2002. As of November 1, 2002, an additional $121,063 was being cut from four of the five Constitutional Officers, $70,448 from Law Enforcement, and $35,716 from the Library System. This brings the total current year reduction to $227,227. At the November 5 work session, constitutional officers and department directors provided information regarding the impact of these reductions on services in their areas. Mr. Robertson stated that if it is the Board's desire to fund the state's reductions, staff recommends appropriating $156,779 out of the FY 2001-2002 year-end balance to offset the revenue loss. This appropriation does not include funding the reduction in law enforcement funds, as the Police Department will defer vehicle purchases to make up for the loss in revenue. November 19, 2002 749 Supervisor Minnix indicated that he supports appropriating funds to finance the constitutional officers, and stated that he would like to consider the implementation of fees as recommended by the Sheriff's Office in the November 5 work session. Supervisor Altizer voiced concerns about the lack of funding for the police vehicles at $70,448. He stated that in light of future potential cuts from the General Assembly, the County may be delaying funding something today that will cost us more in the future. Mr. Robertson reported that due to inflationary increases and increasing maintenance costs, this is an accurate statement. Supervisor Altizer moved to approve staff recommendation (appropriate $156,779 out of the FY 2001-02 year-end balance to offset the revenue loss from the State) with the inclusion of $70,448 to fund the purchase of police vehicles. Supervisor McNamara stated that the County does not yet know if there will be an overall revenue shortfall for the current fiscal year. If the County does not have a revenue shortfall, he would support funding the cost of police vehicles. He indicated that there is sufficient time remaining in the fiscal year to continue evaluating this decision. Supervisor McNamara made the following comments: (1) He indicated that it does not make sense for the Board to cut funding to offices that are generating revenue in order to indicate to the State that the County will not pick up the cost of funding reductions. He stated that citizens deserve to have these services, and it will November 19, 2002 750 cost the County more money if we fail to pick up the cost of these funding reductions. (2) He questioned Mr. Robertson regarding the status of overall revenue projections relative to forecasted revenues. Mr. Robertson stated that preliminary estimates indicate that revenues are holding steady. Current data shows that sales tax is currently 3% above last year-to-date; meals tax is approximately 8% above last year-to- date; and real estate and personal property are showing increases due to the assessment increase in the last fiscal year. Based on this information, Supervisor McNamara questioned if this appropriation could be made out of current revenue surpluses in other areas, if they materialize. Mr. Hodge stated that the departments affected need a decision regarding the appropriation at this time because the funding reductions from the State have already been implemented. Supervisor McNamara moved to amend Supervisor Altizer's motion to appropriate out of prior year funds, record it on the reports as a separate line item to indicate that we have removed it from prior year funds and any surplus revenues in the current fiscal year would immediately be reappropriated to prior year funds. This would, in effect, fund current year operations out of current year revenues. Supervisor Altizer consented to the amendment to the motion. Supervisor Church stressed caution to the constitutional officers. He indicated that the Board may choose to fund the current revenue shortfall from the State, but this does not mean that if additional cuts from the State occur that the Board November 19, 2002 751 will be able to continue making up the difference. He emphasized that changes in the State budget are occurring almost weekly, and the Board may not be in a position financially to provide assistance in the future. There was discussion concerning Supervisor McNamara's amendment to Supervisor Altizer's original motion. Supervisor McNamara indicated that in his amended motion, he was not including the $70,448 for purchase of police vehicles. He stated that he feels there is still enough time to evaluate this portion of the request. His amended motion was to approve staff recommendation to appropriate $156,779 with the funds being paid from current year surplus revenues. Supervisor Altizer indicated that he would not support this amendment to the motion. The motion was denied by the following recorded vote: AYES: Supervisors Flora, McNamara NAYS: Supervisors Minnix, Altizer, Church Supervisor Flora stated the Board should give serious consideration to how they will proceed with funding budget reductions because the State has clearly indicated that additional reductions will be implemented in the future. He stated that the "well will run dry" if the Board continues funding the shortfalls. Supervisor Altizer moved to approve appropriation of $156,779 plus $70,000 for purchase of police vehicles with funding from current year surplus revenues to offset the revenue loss from the State. AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church November 19, 2002 752 NAYS: INRE: None REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for December 17, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None 1:. First readina Qf an ordinance 12 obtain i! special ~ permit 12 conduct! home occupation for! beauty salon located .!!! 3105 Davis ~ upon the petition Qf Lois M. Atkins, Windsor Hills Maaisterial District. ~ First readina Qf !!l ordinance 12 obtain! special ~ permit 12 operate! private ayiation facility 2!! 21.9 ~ located !! 2213 Zana Road upon the petition Qf Richard A. May, Catawba Maaisterial District. ~ First readina Qf an ordinance 12 ~ 6.15 ~ from R-1, Low Density Residential District. 12 AR.. Aaricultural Residential District. !! 7604 Mount Chestnut Road upon the petition of Joe ~ Melissa Lankford, Windsor Hills MaQisterial District. !: First readina Qf !!l ordinance 12 obtain! special ~ permit 12 November 19, 2002 753 operate! commercial kennel on 2.657 ~ located !! 3900 Carvins Cove Road upon the petition of Van B. ! Teresa D. Johnson, Catawba Maaisterial District. §.. First readina Qf an ordinance 12 obtain! special use permit 12 operate! used automobile dealership located .!!! 6422 Bent Mountain Road upon the petition Qf Back Creek Enterprises, Windsor Hills Maaisterial District. INRE: APPOINTMENTS 1:. Buildina Code Board Qf Adjustments and Appeals (Fire Code Board Qf Appeals) Supervisor Flora requested that the Clerk contact Wilmore T. Leffell, Building Code Board of Adjustments and Appeals; Richard L. Williams, Building Code Board of Adjustments and Appeals; and Larry W. Degen, Alternate, to determine if they would be willing to serve additional terms. IN RE: CONSENT AGENDA R-111902-7, R-111902-7.a Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF November 19, 2002 754 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 November 19, 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 2, inclusive, as follows: 1. Approval of minutes - July 9, October 31 and November 5,2002 2. Request to accept Salisbury Drive into the Virginia Department of Transportation Secondary System 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, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-7.a REQUESTING ACCEPTANCE OF SALISBURY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. November 19, 2002 755 Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Reauired Supervisors Flora. McNamara. Minnix. Nickens. Church None None INRE: REQUESTS FOR WORK SESSIONS 1:. Reauest for ioint work session with the Roanoke County Plannina Commission on December ;L. 2002 12 discuss proposed amendments 12 the Roanoke County Zonina Ordinance, Section 30-93, Sians. (David Holladay. Senior Planner/Zonina Administrator) Mr. Hodge requested that this work session be moved to the first meeting in February. It was the consensus of the Board to schedule the work session for the first meeting in February, tentatively scheduled for February 11, 2003. IN RE: COUNTY ADMINISTRATOR'S COMMENTS Mr. Hodge requested that the Board and staff from the Economic Development Department visit three economic development sites on December 3. He stated that there are several interesting prospects that the staff would like to review with the Board. It was the consensus of the Board to schedule the meeting for December 3, 2002. Supervisor Minnix stated that he will be unable to attend the meeting on December 3. November 19, 2002 756 IN RE: CITIZEN' COMMENTS AND COMMUNICATIONS Ms. Annie Krochalis, 9428 Patterson Drive, spoke in her capacity as a consultant and volunteer for the Roanoke Wildlife Rescue Center regarding the proposed development on Cotton Hill Road. She voiced her concern for maintaining the integrity of the process and the intent of the comprehensive and community plan for the area. She stated that this item had been put on the Board of Supervisors agenda and removed previously. She requested that the Board not refer this matter back to the Planning Commission. She stated that she is not anti-development, but she supports planned development. She stated that citizens had requested and been denied a traffic and environmental impact study and indicated that there is no provision for this area in the VDOT plan. She stated her concerns about the under-service to citizens in this area due to the fact that fire and rescue services are already being shared. 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, Altizer, Church NAYS: None 1:. General Fund Unappropriated Balance ~ Capital Fund Unappropriated Balance ~ Board ContinQency Fund ~ Future School Capital Reserve November 19, 2002 757 ~ Accounts Paid: October 2002 §." Statement Qf Expenditures and Estimated and Actual Revenues for the month ended October ~ 2002 IN RE: CLOSED MEETING At 4:10p.m., Supervisor Church moved to go into Closed Meeting following work session pursuant to Code of Virginia Section 2.2-3711 A (3) discussion of the disposition of publicly-held real property, namely long-term lease at Vinyard Park; Section 2.2-3711 A (3) discussion of the acquisition of real estate for public purposes, namely Item G-1, Indian Grave Road and U. S. Route 220 intersection improvements. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:30 p.m. until 5:05 p.m. IN RE: WORK SESSION 1:. Work session with citizen 9!.Q.Y.2 12 discuss draft Environmental Impact Statement prepared .!rl the Virainia Department Qf Transportation (VDOT) reaardina 1-73. (Elmer Hodae, County Administrator) The work session was presented by Kris Peckman, Bob Peckman and Jerryanne Bier representing Virginians for Appropriate Roads; Lois Slotnick and Gerry November 19, 2002 758 Slotnick representing Friends of Franklin County, and was held from 5:13 p.m. until 5:43 p.m. Ms. Peckman presented information regarding the proposed 1-73 route and a possible alternative route known as the TSM (transportation system management). The citizen groups present favor the TSM alternative for the following reasons: (1) The current 1-73 route is so expensive that it is unlikely to be built within the next 2-4 decades. (2) The residents along the proposed 1-73 route remain in limbo and the market values of their homes have been negatively impacted. (3) There is no provision in VDOT's 6-year plan to improve the existing U.S. Route 220 to Greensboro. (4) The TSM alternative is less disruptive to homes and businesses than the proposed 1- 73 route. (5) The TSM alternative is less destructive to the environment. Mr. Siotnik reviewed information contained in the VDOT Environmental Impact Statement relating to highway construction in the U.S. 220 corridor. Topics covered included: safety issues, number of crossovers, level of truck traffic on "selected routes", forecasts of average daily traffic volumes, level of service analysis, interstate (limited access) standards vs. principal arterial (controlled access) standards, description of the "No Build" alternative, and the proposed TSM alternative. Mr. Siotnik summarized the findings as follows: (1) The only remaining valid justification for 1-73 is to correct the unsafe conditions of U.S. 220 as the primary route between Roanoke and North Carolina. (2) VDOT's traffic volume forecasts, as compared to 1997 levels, do not reflect a substantial increase in traffic on U.S. 220 November 19,2002 759 through the year 2020, except within Roanoke City. (3) Upgrading U.S. 220 to "principal arterial standards" would greatly enhance safety and use of the highway while meeting Congressional requirements for 1-73 and qualifying for Federal assistance. (4) An upgrade of U.S. 220 to principal arterial standards would result in far less social and environmental destruction, would be more cost effective, and could be accomplished sooner. The Board was asked to formally request Onzlee Ware, representative on the Commonwealth Transportation Board (CTB), to ask the CTB to change their preferred routing of 1-73 from the current route to the TSM alternative. INRE: CERTIFICATION RESOLUTION R.111902-8 At 7:01 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, Altizer, Church NAYS: None RESOLUTION 111902-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in 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: November 19, 2002 760 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1:. Presentation from the U.S. Marine Corps Reserve Unit and the Marine Corps Leaaue and appropriation of $7,000 proceeds from the 7th Annual Marine Mud Run A-111902-9 Commandant Mike Shepherd presented a check in the amount of $7,000 to Debbie Pitts, Assistant Director of Recreation. Ms. Pitts recognized Eddie Ford, Parks Coordinator, for his assistance in working closely with the Marines and Jeff Baker, the Mud Run Director. She reported that this year's run had 1,600 participants and in excess of 4,000 spectators. She indicated that the funds donated this year will be used to complete the challenge course cabin. Chairman Church presented Certificates of Recognition to representatives of the U. S. Marine Corps Reserve Unit and the Marine Corps League. Accepting the certificates were: Marine Corps League Commandant Mike Shepherd; Captain Kevin Harbison, Inspector Instructor B Company; Staff Sargeant Guzman, Toys for Tots Coordinator; Fred Doyle, Past Commandant; and James Stokes, Marine Corps League. November 19, 2002 761 Supervisor Church moved to approve staff recommendation (accept $7,000 donation and appropriate the funds to the Camp Roanoke renovation fund). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None INRE: NEW BUSINESS 1:. ReQuest for approval Q! Countv-State aareement with the Virainia Department Q! Transportation for the followina projects: Extension Qf Indian Grave Road and intersection improvements and removal Q! the bridae and! portion Qf Clearbrook Lane. (Elmer Hodae. County Administrator) R-111902-10 Mr. Hodge reported that as the project stands now: (1) Clearbrook School and Roanoke County Fire & Rescue want a stoplight in the area for safety reasons. (2) The residents want improvements so that they can develop their land. The Division of Motor Vehicles (DMV) is no longer a part of the project due to State budget reductions. The Evangel Foursquare Church special use permit (SUP) may have expired. Traffic continues to worsen, the engineering plans are complete and ready to bid. The estimated cost of the project is $1.2 million. Even with good bids, it will be months before the project can be completed. Roads are the responsibility of VDOT and the County has requested a stoplight at Clearbrook for many years. This request has been November 19, 2002 762 denied by VDOT on the basis of insufficient traffic volume. Meanwhile, VDOT has approved and built the Hidden Valley Junior High stoplight which was a four-way intersection. Currently VDOT has no funding for this project. Roads are also the responsibility of the developer. The first developer involved with Indian Grave Road was Evangel Foursquare Church. In July 2000, the Board authorized a SUP for the church to construct a facility for a religious assembly and a daycare center, also requiring the church to make the necessary improvements to the road. They have not yet begun construction on the project. There is a two year requirement for an SUP to begin before it becomes null and void. Consequently, the Evangel Foursquare Church SUP has expired. DMV had planned to build a new office and the Board of Supervisors approved participation in the project based on public safety and economic development issues. The County authorized revenue sharing funding in the amount of $450,000, to be matched by $450,000 in funding from the State. In addition, the Board authorized $300,000 from the County capital account for a total of $1.2 million. The County also contracted with Hayes, Seay, Mattern & Mattern to design plans for the road, and the DMV contractor was going to contribute funding as well and acquire the necessary easements and rights-of-way. In the past several weeks due to State funding reductions, the DMV project has been withdrawn and will not be built. The road has now become a County responsibility. If the Board decides to proceed with construction of the road, the following steps will need to be taken: (1) Authorize the use of the $1.2 million in State and Local funds which have already been appropriated. (2) Authorize November 19, 2002 763 the County staff to administer the project which will necessitate a contract between the County and VDOT. (3) Authorize staff to obtain easements and rights-of-way. This is a separate item to be presented by Arnold Covey, Director of Community Development, later in the meeting. The first reading will be this evening, and the second reading is scheduled for December 3. (4) Assistance from the neighbors and partners in the Clearbrook area will be needed. The landowners need to contribute the easements and rights-of-way for the project to proceed. Many have previously agreed to make these donations, however only two have signed contracts to date. Some property owners are requesting improvements that are beyond the scope of the project. VDOT will still have to approve the plans and authorize construction of the project if all easements and rights-of-way are obtained. Further delays in obtaining the necessary easements and rights-of-way delay the project even more and increase the cost of the project. Mr. Hodge presented a site map illustrating the layout of the project. He indicated that if the County is unable to obtain the necessary easements and rights-of- way to proceed with development of a stoplight with a four-way intersection, he recommended that the road be closed off and a three-way intersection implemented with a stoplight. He indicated that the project is primarily a safety issue, but it also presents an economic development opportunity. The following citizens spoke in favor of installing a stoplight at the intersection of Indian Grave Road and U. S. 220: (1) Mr. Clarence W. Simmons, 5605 Franklin Road, indicated that the stoplight is needed because the intersection is an November 19, 2002 764 "accident waiting to happen". He indicated that not only does the school need the light, but there are two doctors' offices in the area that would benefit from the improvements. (2) Mr. Mike Wray, 5650 Yellow Mountain Road, serves as President of the Clearbrook Civic League and is a landowner in the community. He indicated he was presenting a petition containing over 100 signatures of individuals requesting intersection improvements at Indian Grave Road and Route 220. He stressed that safety is the number one priority, and cited the increased number of calls being answered by the Clearbrook Fire Station. He stated that no one would want a situation involving an accident with a school bus. He indicated that there would be increased economic development and revenues that would justify the cost of the improvements. (3) Mr. Lee Bibbs, 273 Teel Brooke Road, is a Chief with the Clearbrook Rescue Squad. He stated that access onto Route 220 is very dangerous and tractor trailers come down the hill at rapid rates of speed. He has worked for many years to have a signal light installed at this intersection, and he stated that he feels this will be the only adequate method for controlling traffic flow in this area. (4) Miss Annabelle A. Layman, 5800 Enchanted Lane, is an eight year old student at Clearbrook Elementary School. She voiced the following five reasons why the Board should install a signal light at Indian Grave Road: (a) Three of her close family friends are volunteer firefighters who have told her the light is very important for safe and clear access. (b) She is an active member of the Clearbrook Civic League and the light is discussed at most of their meetings. She indicated that the adults have been trying to have the light installed since before her November 19, 2002 765 birth. (c) She is a third grade student at Clearbrook Elementary and she thinks that all the teachers and parents are fighting for safer roads - "it just makes good sense". (d) She is concerned for both her family's safety and the safety of her elderly neighbors. She has been in the car twice when accidents nearly occurred at this intersection. (e) The traffic control guard's job is very difficult, requiring the use of his/her body to physically direct vehicles to stop. She would like to see this person retire "with all his arms and legs". (5) Ms. Amy Grammer, 5391 Indian Grave Road, stated that she had safety concerns as well, and stated that access difficulties do not occur just during rush hour. She spoke of trying to get into the center lane in an effort to cross over to the other side, and the danger that exists from oncoming tractor trailer traffic. She also addressed the concerns for Fire & Rescue personnel attempting to answer calls. She stated that traffic in this area does not adhere to the posted speed limit. She stressed the importance of continuing with this project even if DMV is no longer involved. Supervisor Minnix expressed his appreciation for the residents who came forward to speak, and voiced his support of the need for a signal light at this intersection. He stated that it is fortunate that a fatality has not occurred at this location, and he encouraged the Board to not wait for funding from the General Assembly before proceeding with this project. Supervisor Altizer stated that he concurs that it is only a matter of time before an accident occurs at this intersection. He asked that the property owners work with County staff in bringing this project to fruition. November 19, 2002 766 Supervisors Church and Flora voiced their support of this project. Supervisor Flora indicated that if the County is unable to obtain the necessary easements and rights-of-way to proceed with a four-way intersection, he would recommend that staff proceed immediately with implementing a three-way intersection. Supervisor Minnix moved to authorize staff to bid the project up to the $1.2 million funding, to secure the necessary easements and rights-of-way, and to use previous funding for this project to proceed with installing the signal light. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-10 FOR APPROVAL OF COUNTY-5TATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE FOLLOWING PROJECTS - EXTENSION OF INDIAN GRAVE ROAD AND INTERSECTION IMPROVEMENTS AND REMOVAL OF THE BRIDGE AND A PORTION OF CLEARBROOK LANE WHEREAS, Title 33.1 of the Code of Virginia provides for the availability of funds for implementing approved improvements to public streets to enhance and promote economic and industrial development and continued public safety along public streets; and WHEREAS, Roanoke County is desirous of developing the Clearbrookllndian Grave Road area of Roanoke County for the purpose of job creation for the citizens of the Roanoke Valley; and WHEREAS, the Commonwealth Transportation Board has approved this project; and WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the cost of these projects to be $1.6 million; and NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby authorizes the County Administrator or his designee to enter into a County-State agreement allowing the County to advertise, bid, award, and administer the construction contract for certain road improvements to Indian Grave Road (Project November 19, 2002 767 #0675-080-320, C501) for the extension of Indian Grave Road and for intersection improvements, and for removal of the bridge and a portion of Clearbook Lane (Project #0674-080-319, N501, B689), said contract to be on a form approved by the County Attorney. On motion of Supervisor Minnix to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: FIRST READING OF ORDINANCES 1:. First readina Qf !!l ordinance authorizina the acQuisition Qf and dedication of certain real estate and necessary easements for the construction Qf the Indian Graye Road Extension and U.S. Route 220 intersection improvements. (Arnold Covey. Director Qf Community Deyelopment) Mr. Covey requested that the Board authorize staff to proceed with obtaining the necessary easements and rights-of-way needed for improvements at this intersection. The second reading is scheduled for December 3 and staff will provide an update at that time as to the number of easements that have been acquired. Supervisor Minnix moved to approve staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1:. Second readina Qf ordinance 12 ~ 22.743 acres from AR November 19, 2002 768 Aaricultural Residential District 12 R-1 Low Density Residential District for deyelopment Qf sinale family housina located !! Virainia Secondarv Route 688 (Cotton Hill Road) and Raintree Road, Cave Sprinq Maaisterial District, upon the petition Qf Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) APPLICANT HAS REQUESTED THAT THIS MATTER BE REFERRED BACK TO THE PLANNING COMMISSION TO EVALUATE THEIR REQUEST FOR A RECONSIDERATION. Ms. Scheid reported that the applicant has requested that this matter be referred back to the Planning Commission to evaluate their request for reconsideration. The applicant has communicated both verbally and in writing the desire to significantly change the proffers on this petition and to revise the density proffers, as well as to address concerns voiced by the Planning Commission and citizens. Based on these substantial changes, they are requesting that this be referred back to the Planning Commission. The only remaining option for the petitioner is to withdraw this application and re-submit a substantially different application within the next 12 months. This would set a precedent that staff does not want to encourage. Ms. Scheid indicated that staff had made an effort to notify citizens of the status change of this petition. Mr. Steve Strauss, principal of Cotton Hill Land Co., stated that substantial changes will be made to their application prior to the requested reconsideration at the Planning Commission meeting. This will allow both the Planning Commission and November 19, 2002 769 citizens to view the changes. He indicated that Ms. Scheid had spoken with the Planning Commission, and they had indicated that they would be willing to take a vote on the reconsideration at their December 3 meeting. He stated that the other options remaining to his company are to withdraw the application and begin the process over, or to develop the property with the current AR zoning and place eight to ten driveways on Cotton Hill Road. In response to a question from Supervisor Church, Mr. Mahoney indicated that how the Planning Commission handles this matter will depend on the direction that the Board provides. The Board could either ask the Planning Commission to consider the substantial changes or simply return the petition and give the Planning Commission an opportunity to reconsider. Ms. Scheid stated that if there are substantial changes in the site plan, the Planning Commission is very agreeable to looking at the matter again. Supervisor McNamara voiced concerns regarding residents who may have received notice that there was not a public hearing and did not appear at the meeting to speak on this matter. The following individuals spoke regarding this matter: (1) Ms. Deirdre Rea, 6820 Sugar Run Ridge Road, spoke regarding her previous experiences with rapid mass development in Boca Raton, Florida. She cited problems with increasing road congestion, traffic violations, accidents and fatalities. There were also problems with school class sizes, which resulted in poor quality education and increased behavior problems. Water quality deteriorated and criminal activities increased. She requested November 19, 2002 770 that the Board look beyond the short-term effects of the type of growth requested in this petition. (2) Mr. AI Turner, 6015 Cezanne Court, requested that the Board not return this matter to the Planning Commission. He stated that the majority vote of 4-1 should stand based on the following reasons: increasing traffic volume on Cotton Hill Road, the fact that Cotton Hill Road improvements are not in the VDOT six year plan, and the strain that will occur in terms of support services (trash collection, fire & rescue, etc.). (3) Ms. Dorothy Runion, 5931 Cotton Hill Road, stated the following concerns: (a) The property to be developed contains 19 acres of dense forest which is a watershed. If removed, this will have an adverse effect on the wells in this area. (b) Traffic concems on Cotton Hill Road which have increased due to the addition of The Gardens subdivision. (c) She requested integrity of the growth in the area versus quantity of growth. She asked that this matter not be sent back to the Planning Commission. (4) Ms. Annie Krochalis, 9428 Patterson Drive, spoke as a consultant and volunteer with Roanoke Wildlife Rescue. She stated that she encourages planned development, and repeated her concerns for maintaining the integrity of the process and encouraging community involvement. She requested that if this matter is returned to the Planning Commission, she would like to see an Environment Impact Study performed to include problems with erosion slope, the effect on the aquifer and wells, a traffic study, accident rates, and the burden on services. (5) Mr. Dale Hopkins, 6695 Raintree Road, spoke of difficulties in navigating Cotton Hill Road. VDOT has indicated that improvements to this road will not be made for at least six to seven years, funding permitted. Mr. November 19, 2002 771 Hopkins expressed concerns about the increased traffic if these additional homes are built, as well as problems with watershed and school crowding. He requested that the matter not be sent back to the Planning Commission. (6) Ms. Diane Campbell, 7246 Merriman Road, spoke of the unsafe conditions at the intersection of Merriman Road and Cotton Hill Road. She noted that there is significant truck traffic traveling at high rates of speed in this area. She referred to numerous accidents that have occurred, as well as increased noise levels, and stated that additional homes would only contribute to these existing problems. Supervisor Minnix stated that he cannot support returning this matter to the Planning Commission because it sets an unwise precedent. In addition, it would send the message that the Board is specifically asking the Planning Commission to make changes. He stated that any petitioner who goes through this process will have the opportunity to present site plan revisions to the Board of Supervisors. Supervisor McNamara expressed questions about who bears the responsibility for building roads: the developer, VDOT, or the County. He stated that he hopes that if there are significant changes to the project, that the Board will consider these in a timely manner. He voiced concerns about the manner in which this petition has proceeded, and expressed the need for a policy that will address requests for continuance. Supervisor Flora inquired about the procedure for the petitioner to get back on the Planning Commission's agenda. Mr. Mahoney reported that once the November 19, 2002 772 Planning Commission has voted, it is out of their jurisdiction. The Board now has the option of sending this back to the Planning Commission, if they choose, or denying the request of the petitioner to return the matter to the Planning Commission. The petitioner can not go forward with this application unless the Board sends it back to the Planning Commission. Supervisor Church indicated that he did not wish to send mixed signals to the developer or citizens. He stated that if there is sufficient information presented to the Board that warrants a change in the decision made by the Planning Commission, then the Board will act accordingly. He indicated that the Board did not want to encourage routinely sending items back to the Planning Commission for re-evaluation. Mr. Mahoney stated that if this item were to be heard by the Board in the normal course of action, the public hearing would be held on December 17, 2002. He inquired if the Board would like to schedule the public hearing for January 28 (tentatively) as a result of the upcoming holidays. Supervisor Flora stated that the Board is being asked to send a matter back to the Planning Commission because there are "substantial changes", but yet the Board has not seen these changes. He indicated that the process would appear to require that the Board hold the public hearing in order to determine if the changes are significant enough to merit returning the matter to the Planning Commission. Supervisor Altizer confirmed with County Attorney Mahoney that the vote the Board is considering is whether or not to send this matter back to the Planning November 19, 2002 773 Commission. In response to a question from Supervisor Minnix, Mr. Mahoney stated that the Board has two options: (1) Vote to grant the petitioner's request and send the matter back to the Planning Commission. (2) Vote to deny the petitioner's request to return the matter to the Planning Commission and schedule the public hearing for December 17, 2002. A-111902-11 Supervisor Minnix moved to deny the petitioner's request to return the matter to the Planning Commission. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Second readina Qf !!l ordinance 12 obtain! special ~ permit for .55 ~ for! home occupation in an accessory structure located .!!! 3564 Grandin Road. Windsor Hills Maaisterial District, upon the petition Qf Sheree and James Rinaer. (Janet Scheid, Chief Planner) 0-111902-12 Ms. Scheid reported that there have been no changes in this matter since the first reading. There was no discussion on this matter and there were no citizens present to speak. Supervisor McNamara moved to adopt the ordinance. The motion carried November 19, 2002 774 by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ORDINANCE 111902-12 GRANTING A SPECIAL USE PERMIT TO SHEREE AND JAMES RINGER FOR A HOME OCCUPATION IN AN ACCESSORY STRUCTURE TO BE LOCATED AT 3564 GRANDIN ROAD (TAX MAP NO. 68.17-2-16), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Sheree and James Ringer have filed a petition for a special use permit for a home occupation in an accessory structure to be located at 3564 Grandin Road (Tax Map No. 68.17-2-16) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 5, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 22, 2002; the second reading and public hearing on this matter was held on November 19, 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 Sheree and James Ringer for a home occupation in an accessory structure to be located at 3564 Grandin Road (Tax Map No. 68.17-2-16) in the Windsor Hills 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. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Second readina 2f an ordinance 12 ~ 16.255 ~ from C-2 General Commercial District 12 R-1 Low Density Residential November 19, 2002 775 District for the purpose Qf constructina ! sinale family dwellina located.!!! 6012 Coye Road, Catawba Maaisterial District, upon the petition Qf Larry G. and Ida Jane .5., Conner. (Janet Scheid, Chief Planner) 0-111902-13 Ms. Scheid reported that in 1992, the County erroneously rezoned a portion of Mr. Conner's property to C-2 as part of a comprehensive rezoning. The property is close to, but not accessible from, the Route 419 corridor. It is also encumbered by an American Electric Power Company easement, a stormwater easement, and a public sewer easement. Mr. Conner wants to build a home on this property for his son and in the process of trying to secure a building permit, discovered that the property had been rezoned to C-2. Staff supports rezoning this property to R-1 and the Economic Development Department concurs that the property has no economic development potential. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ORDINANCE 111902-13 TO CHANGE THE ZONING CLASSIFICATION OF A 16.255-ACRE TRACT OF REAL ESTATE LOCATED IN THE 6000 BLOCK OF COVE ROAD (TAX MAP NO. 36.15-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING November 19, 2002 776 CLASSIFICATION OF C-2 TO THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF LARRY G. AND IDA JANE E. CONNER WHEREAS, the first reading of this ordinance was held on October 22, 2002, and the second reading and public hearing were held November 19, 2002; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 5, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. 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 16.255 acres, as described herein, and located in the 6000 block of Cove Road (Tax Map Number 36.15-1-2) in the Catawba Magisterial District. is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Larry G. and Ida Jane E. Conner. 3. That said real estate is more fully described as follows: BEGINNING at an iron pin found at the northerly corner of the property of Charles C. Harris (DB 1314, page 414) and being shown as Corner No.1 0 on Plat for Larry G. Conner and Ida Jane E. Conner showing the Subdivision of Tax Parcel 36.15-2-10, Creating New Parcel A (16.255 acres) and New Parcel B. (21,690 acres) by Balzer & Associates dated 11 October 1989 and recorded in the Office of the Clerk of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 12, page 28; thence with the northerly line of New Parcel B of the aforesaid plat and the property of Charles C. Harris, S. 12 deg. 48 min. 37 sec. W. 741.46 feet to Corner No. 6 on the aforesaid plat; thence leaving the Harris property and with the easterly line of Section 9, Montclair Estates (PB 9, page 279) S. 85 deg. 15 min. 15 sec. W. 356.02 feet to Corner No.7 on the aforesaid plat; thence leaving Montclair Estates and with the easterly line of Pinkerton Properties, LLC (DB 1521, page 143), N. 34 deg. 10 min. 10 sec. W. 803.21 feet to Corner No.8 on the aforesaid plat; thence laveing the property of Pinkerton Properties, LLC, and with the southerly line of the Levi Huffman Estate (DB 204, page 276) N. 48 deg. 23 min. 25 deg. E. 749.62 feet to Corner No.9 on the aforesaid plat; thence leaving the Huffman property and with the property of Jack C. Garst, et ux, S. 60 deg. 58 min. 15 sec. E. 289.94 feet to a point; thence leaving the Garst property and with the property of Larry G. Conner and Ida Jane E. Conner November 19, 2002 777 (DB 948, page 235) S. 30 deg. 08 min. 35 sec. E. 311.29 feet to Corner No. 10, the Point of Beginning and containing 16.255 acres, and being all of New Parcel A as shown on the aforesaid plat. 4. 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, Altizer, Church NAYS: None !. Second readina of !!l ordinance 12 vacate! 15' access easement 2!! Lot §. and release! reservation for water storaae tank 2!! ! Public Utility .b2!.. created ~ Subdivision Plat for Section !!. Fallina Creek Estates, ill Plat Book ä Paae ~ and combined into New Lot SA ill Plat Book ~ Paae §.. Vinton Ma(lÍsterial District. (Arnold Covey. Director of Community Development Mr. Covey reported that further discussions with the Town of Vinton are needed to clarify questions regarding access to the well lot. Staff is requesting that the public hearing be held this evening but that the Board defers action on the matter until these questions can be resolved. There was no discussion on the matter and there were no citizens present to speak. Chairman Church directed the Clerk to postpone action on this matter until these questions can be resolved. November 19, 2002 778 INRE: PUBLIC HEARING 1:. Public hearina for citizen comment 2!! proposed amendments 12 the Roanoke County Charter. (Paul Mahoney. County Attorney) A-111902-14 Mr. Mahoney reported that a work session was held with the Board on November 5, and authorization was granted to schedule a public hearing regarding the charter amendments to be submitted to the General Assembly. Three proposed changes are being presented: (1) Taxing powers would be modified to allow the County to impose and collect a tax on tobacco products and cigarettes. (2) Social Services Board shall be modified to reflect the change in status to an advisory board. (3) School Board is now elected by the voters. Mr. Mahoney indicated that items 2 and 3 are housekeeping measures needed to reflect current practices. There were no citizens present to speak on this matter. Supervisor McNamara moved to approve staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: NEW BUSINESS 1:. Reauest 12 adopt 2003 Leaislative Proaram. (Paul Mahoney, County Attorney) R-111902-15 November 19, 2002 779 Mr. Mahoney reported that the following items have been included in the proposed 2003 legislative program: (1) The proposed charter amendments contained in the public hearing that was just held. (2) Request for additional funding for Explore Park. (3) Request for additional funding for school capital construction. (4) Opposition to funding for the Smart Road being taken from the Salem District. (5) Request for assistance from local legislators to direct the Commonwealth Transportation Board to install a traffic signal at the intersection of Indian Grave Road. Mr. Mahoney stated that the legislators are available to meet with the Board on December 17 at 5:00 p.m. to review the legislative initiatives. He reported that Mr. Hodge had indicated that the Board may want to consider requesting an ownership interest in Explore Park to reflect the significant participation in this project. Supervisor Minnix inquired about the likelihood of being reimbursed by the State for monies being spent with regard to the Clearbrookllndian Grave Road improvements. Mr. Mahoney suggested that the County staff, Board and legislators work together to accomplish the goal. Supervisor Minnix also requested that copies of the resolution be sent to Senator Edwards and Delegates Griffith and Thomas with a letter from the Chairman requesting their assistance. Mr. Hodge indicated that staff will attempt to negotiate a reimbursement agreement with VDOT, but state-wide they are discouraging reimbursement agreements. November 19, 2002 780 Supervisor Minnix moved to approve the resolution with the addition in Item 2 to include a request for ownership interest in Explore Park. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-15 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2003 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2003 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2003 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2003 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve amendments to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. Sec. 11.04 - Social Services Board. - The title of the social services board shall be changed to social services advisory board and the membership on the board shall be increased from three to at least seven members to be appointed by the board of supervisors to serve terms of four years, one representing each election or magisterial district, and one representative from the City of Salem. Sec. 12.02 - School Board. - The county school board shall be composed of the same number of members as there are members of the board of supervisors and shall be elected by the voters from each magisterial district rather than appointed by the school board selection commission. 2) Roanoke County requests funding for the Virginia Recreational Facilities Authority (Explore Park) and Blue Ridge Parkway Interpretive Center Exhibits, and an ownership interest reflecting County's financial support for Explore and the VRFA. 3) Roanoke County requests funding for school capital construction projects. November 19, 2002 781 Roanoke County is in the second phase of a $120 million school capital construction program. In the first phase the County funded $50 million of construction with 20 year bonds sold through the VPSA. The Commonwealth has retreated from its modest assistance to localities for school construction. Roanoke County needs either additional funding from the Commonwealth of Virginia for school capital construction or new sources of local tax revenue to pay for these capital expenditures. 4) Roanoke County opposes the reallocation of transportation funds in the Salem District to pay for Virginia's Smart Road Project. It opposes the diversion of funds from other approved road projects in the Salem District and it requests a more equitable system for funding Virginia's Smart Road since this project was designed to benefit all of the citizens of this Commonwealth. 5) Roanoke County requests the assistance of our local legislators in directing the Commonwealth Transportation Board to install a traffic signal at the intersection of U. S. Route 220 and Indian Grave Road (State Route 675) to protect the children at Clearbrook Elementary School. Roanoke County thanks its legislators for their assistance in securing traffic signalization on U.S. Route 419 to protect the children at Hidden Valley Junior High School and it request similar assistance for the children at Clearbrook Elementary School. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Minnix to adopt the Resolution with the revision that Item 2 will also include a request for an ownership interest in Explore Park, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He requested that the Board's economic development tour scheduled for December 3 be held at noon rather than following the 3:00 p.m. Board meeting. (2) He stated that the proposed public hearing for Cotton Hill Land Co. is tentatively scheduled for December 17. He requested that this matter be November 19, 2002 782 held until the January meeting due to potential conflicts with the holidays. Discussion concerning the potential date for the public hearing followed. Supervisor Minnix: (1) He advised that he will be out of town from December 1-9 and asked citizens to please contact him after his return. (2) He indicated that he was sorry he was unable to attend the State of the County address this morning, but that he had heard very positive comments regarding the event. Supervisor Church: (1) He asked Arnold Covey to investigate a citizen inquiry regarding construction on Stonemill Drive. (2) He stated that he had attended the Roanoke County Education Association awards at Hidden Valley Junior High School. He thanked the volunteers who donate so much of their time at the schools. INRE: ADJOURNMENT Chairman Church adjourned the meeting at 9:08 p.m. Submitted by: Approved by: fJ~lO ) \£. (j¡J'kh4.[2) Diane S. Childers Clerk to the Board tl