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HomeMy WebLinkAbout12/3/2002 - Regular December 3, 2002 783 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 3, 2002 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:02 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 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 O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Ed Woodard, Oak Grove Church of the Brethren, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. December 3, 2002 784 IN RE: NEW BUSINESS .1.:. Reauest 12 accept arant !n the amount of $10,000 from the Department 2f Environmental Quality 12 sponsor !! "Low Impact Development" workshop. (Georae W. Simpson, !!!... Assistant Director 2f Community Development) A-120302.1 Mr. Simpson reported that the grant in the amount of $10,000 was to conduct a workshop that was held on November 21 - 22, 2002. The conference was well received and attended by individuals throughout the country. He stated that the Project Impact grant received in 1998 totaled $500,000 and was used for disaster mitigation in the Roanoke Valley. The grant funding has since run out, and Roanoke County is attempting to provide continued funding by seeking other grant sources. Mr. Simpson introduced Cabell Brand, Executive Director of the Cabell Brand Center, and Tom Cain, Executive Director of Project Impact at the Cabell Brand Center. Mr. Brand stated that approximately 200 people were in attendance at the conference, 30 of whom were local students. Mr. Cain reported that the program hopes to serve as a catalyst for obtaining additional government and private sector funding. He indicated that 65% of the land in the upper basin is still forested land, and more than 20% of the land is agricultural. In the past, mitigation has only been geared toward mitigating disasters from that last 15% of the land. The conference brought together December 3, 2002 785 the U.S. Forest Service, the State Forestry Department, and the Natural Resources Conservation Service to determine the best overall approach to the ecosystem. In response to a question from Supervisor Minnix, Mr. Cain reported that several workshops had been conducted regarding development of housing in higher terrains. He stated that reports indicate benefits to the clustering of homes in order to lessen the amount of paved areas. This type of development is more profitable for developers and the homes sell more quickly when they are arranged around site features that handle rainwater runoff and reconnect nature to the aquifer. Mr. Brand reported that the Cabell Brand Center currently has a contract with the Environmental Protection Agency to monitor the ecosystems of the United States, and they are working to secure the State of Virginia's participation in this monitoring program. In addition, the Cabell Brand Center is working with the National Academy of Sciences on a Sustainable Development Center in Washington. Supervisor Church moved to approve staff recommendation to accept the grant and authorize the expenditures for the workshop. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None December 3, 2002 786 INRE: FIRST READING OF ORDINANCES .1.:. First readina 2f J!!l ordinance amendina Section 12-8 2f the Roanoke County Code "Adoption of State Law" to incorporate .!2Y reference the authority 12 enforce certain laws and reaulations concernina vehicle safety inspections (Paul Mahoney, County Attorney) Mr. Mahoney reported that this ordinance is an amendment to an existing provision of the County Code that would specifically authorize the County police to enforce certain provisions of State law relating to traffic regulation. In 1999, the General Assembly amended Section 46.2-1001 of the State Code to allow law enforcement officers of Roanoke County to perform motor vehicle safety inspections of large commercial trucks. Roanoke County requested this authority as a result of numerous citizen complaints about and concern for the safety of commercial vehicles traveling through portions of the County. Unsafe tractor-trailers and other large trucks were threatening the safety of County citizens. Many of these vehicles were using primary highways in the County to avoid State Police inspections on the interstate highway. Mr. Mahoney stated that Judge Harris in the General District Court has questioned the statutory authority to issue summonses for these violations under Sec. 12-8 of the County Code. This amendment attempts to address these questions by specifically referencing Sections 52-8.4 and 52-8.4:2 in Sec. 12-8. Fines imposed on a December 3, 2002 787 summons issued under the County Code are paid to the County. Fines imposed on a summons issued under the State Code are paid to the Commonwealth. In response to a question from Supervisor Church, Mr. Mahoney confirmed that 50 commercial vehicles have been taken out of service due to these safety violations. He stated that these traffic violations have been handled under the County Code since 1999, but recently questions have been raised in a variety of General District Court enforcement actions. This amendment is for purposes of resolving these questions. Supervisor Minnix moved to approve the first reading and set the second reading for December 17, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None INRE: SECOND READING OF ORDINANCES .1.:. Second readina 2f ordinance 12 ~ 22.743 ~ from AR Aaricultural Residential District 12 R-1 Low Density Residential District for development 2f sinale family housing located !!! Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road. Cave Spring Magisterial District, upon the petition 2f Cotton Hill Land Company. LC. (Janet Scheid. Chief Planner) CONTINUED UNTIL JANUARY ä 2003 AT THE REQUEST OF THE December 3, 2002 788 PETITIONER The Chairman confirmed with the Clerk that this item has been continued until January 28, 2003 at the request of the petitioner. b. Second reading 2f an ordinance to vacate !! 15' ~ easement on Lot .!! and release !! reservation for water storage tank on !! public utility!Q!. created .!2Y Subdivision Plat for Section .!!. Fallina Creek Estates, in Plat Book ~ Page £Q. and combined into new Lot .!!A. Plat Book ä Page ~ Vinton Magisterial District. (Arnold Covey, Director 2f Community Development) 0-120302-2 Mr. Covey stated that this ordinance was brought to the Board at the November 19, 2002 meeting and staff had requested that no action be taken until several issues were resolved with the Town of Vinton. Those issues have since been resolved, and staff is requesting approval of the ordinance. There were no citizens present to speak and there was no discussion on this matter. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: December 3, 2002 789 AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ORDINANCE 120302-2 TO VACATE A 15' ACCESS EASEMENT ON LOT 8, AND TO RELEASE A RESERVATION FOR WATER STORAGE TANK ON A PUBLIC UTILITY LOT, CREATED BY SUBDIVISION PLAT FOR SECTION 8, FALLING CREEK ESTATES, IN PLAT BOOK 21, PAGE 20, AND COMBINED INTO NEW LOT 8A (TAX MAP NO. 51-03- 2-9) IN PLAT BOOK 24, PAGE 5, IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, Falling Creek Development, loC. (the Developer) created Lot 8 and an adjoining "Public Utility Lot Reserved for Water Storage Tank"; and, WHEREAS, a "15' Access Easement" was dedicated across Lot 8 for access to the public utility lot; and, WHEREAS, the water tank lot has been relocated to Lots 17 and 18, and the "Public Utility Lot" has been combined with Lot 8 to create New Lot 8A (Tax Map #51.03-2-9), by plat recorded in Plat Book 24, page 5; and, WHEREAS, Petitioner/Developer has requested that the 15' access easement be vacated and that the reservation of the public utility lot for water storage tank be released, to the extent that such reservation constitutes a restriction upon the property; and, WHEREAS, the public utility lot and the 15' access easement are no longer required and staff has no objection to the Petitioner's request; and, WHEREAS, '15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by '15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on November 5, 2002; the public hearing was held on November 19, 2002; and second reading of this ordinance was held on December 3, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing "15' Access Easement" and the "Public Utility Lot Reserved for Water Storage Tank", as shown and created on the subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, and further shown on Exhibit A attached hereto, be, and hereby are, vacated and released pursuant to December 3, 2002 790 Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Falling Creek Development, loC. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with '15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: APPOINTMENTS .1.:. Blue Ridge Behavioral Healthcare Supervisor Church nominated Rita Gliniecki to serve an additional three- year term expiring on December 31, 2005. Supervisor Church nominated Linda Banister, Member at Large, to serve an additional three-year term expiring on December 31, 2005. b. Building Code Board 2f Adiustments and Appeals (Fire Code Board 2f Appeals) Supervisor Flora nominated Wilmore T. Leffell to serve an additional four- year term on the Building Code Board of Adjustments and Appeals. This term will expire on December 12, 2006. December 3, 2002 791 Supervisor Flora nominated Richard lo Williams to serve an additional four-year term on the Building Code Board of Adjustments and Appeals. This term will expire on October 24, 2006. Supervisor Flora nominated Larry W. Degen to serve an additional four- year term as Alternate on the Building Code Board of Adjustments and Appeals. This term will expire on July 28, 2006. ~ Roanoke Valley Regional Cable Television Committee Supervisor Church nominated Supervisor Altizer to fill the vacancy on this committee which occurred as a result of the resignation of Dr. Harry C. Nickens. There is no term expiration and appointment to this committee will automatically place Supervisor Altizer on the Roanoke County Cable Television Committee. ~ Virainia Western Community College Board Supervisor Church nominated Joe Thomas, Sr. to serve a four-year term expiring on June 30, 2006. IN RE: CONSENT AGENDA R-120302-3 Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None December 3, 2002 792 RESOLUTION 120302-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 December 3, 2002 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes - September 24 and November 19, 2002 2. Request to accept and appropriate donation in the amount of $1 ,518.02 from the FAB 5K Event 3. Request for appropriation of Technology Literacy Challenge Grant funds in the amount of $30,000 4. Request for appropriation of Learn and Serve Grant in the amount of $14,000 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: REQUESTS FOR WORK SESSIONS Supervisor Altizer requested a work session on December 17, 2002 to discuss the response from Whitt Clement, Virginia Secretary of Transportation, regarding 1-73. Due to scheduling conflicts, it was the consensus of the Board to schedule the work session for January 14, 2003. Supervisor Church requested a work session to discuss Fire & Rescue service at the Catawba Fire & Rescue Station. It was the consensus of the Board to schedule the work session for January 14, 2003. December 3, 2002 793 INRE: 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 b. Capital Fund Unappropriated Balance ~ Board Contingency Fund ~ Future School Capital Reserve §." Statement 2f Treasurer's accountability ~ investment and portfolio policy!!! 2f October ~ 2002 §" Report 2f sale 2f water 12 the ,gr¿ of Roanoke 1:. Report from VDOT 2f changes 12 the Secondary Road System !n October 2002 INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He reported that he was unable to leave town as previously announced and did not have to miss this evening's Board meeting. (2) He remarked that he saw one citizen assisting another this morning as he was out walking, and commented on how proud he is of the area in which we live. December 3, 2002 794 Supervisor Altizer: (1) He attended the Youth in Virginia Speaking Out event for which William Byrd High School is a sponsor. He stated that it was good to see our youth expressing their views about seat belt safety and issues such as not drinking and driving. Supervisor Church: (1) He requested that Gary Robertson, Utility Director, look into a water connection issue for Mr. John Welford on Paint Bank Road. (2) He requested that Arnold Covey, Director of Community Development, follow up regarding a citizen inquiry from Mr. John Huffman on Red Lane Extension. (3) He congratulated the Glenvar and Northside girls' basketball teams which are both in the State semi-finals this Friday at the Salem Civic Center. INRE: WORK SESSIONS (4th FLOOR CONFERENCE ROOM) .1.:. Work session with Fire and Rescue Department to discuss building improvements and plans for future renovations. (Richard E. Burch, Chief: Fire ~ Rescue: Dan O'Donnell, Assistant County Administrator) The work session was presented by Rick Burch, Chief of Fire & Rescue; Dan O'Donnell, Assistant Cou'1ty Administrator; and Adam Fleming, Volunteer Fire & Rescue Chief, and was held from 3:55 p.m. until 4:35 p.m. Chief Burch reviewed renovations and additions that had taken place at the following stations: Clearbrook, Mount Pleasant, and Masons Cove. He discussed December 3, 2002 795 proposed plans for a two-bay addition and parking lot improvements at the Read Mountain station. Funding of the improvements will be split 60/40 between Botetourt (60%) and Roanoke County (40%). Botetourt's share of the costs is being funded by a donation from the volunteers totaling approximately $232,000. Roanoke County's share totals approximately $175,000. Botetourt County is willing to fund a larger than 60% share of the future cost of rolling stock (ambulances, etc.) to offset the cost of the building improvements. It was the consensus of the Board to proceed with this project. Staff will bring the matter back to the Board for approval of an agreement with Botetourt County since they own the land and Roanoke County owns the building at the Read Mountain station. The Board also indicated the need to engage in discussions with Botetourt County to encourage their participation in the funding of the project. INRE: ADJOURNMENT Chairman Church adjourned the meeting at 4:35 p.m. Submitted by: Approved by: fJJ/JJQ) $. c;,; Ir/;JL()} Diane S. Childers Clerk to the Board cL December 3, 2002 796 This page left blank intentionally.