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HomeMy WebLinkAbout12/17/2002 - Regular December 17, 2002 797 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 17, 2002 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday and the second 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 None MEMBERS ABSENT: 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; Diane D. Hyatt, Chief Financial Officer INRE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: RECOGNITIONS Chairman Church recognized Lindsey Rigsby and Amanda Trout, students from William Byrd High School, who were attending the meeting to complete their community service for the Beta Club. 798 December 17, 2002 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Minnix requested that Item H-1 (second reading of an ordinance authorizing the acquisition of and dedication of certain real estate and necessary easements for the construction of the Indian Grave Road Extension and U.S. Route 220 intersection improvements) be moved tothe evening session as Item T-7. He reported that he had been notified that some citizens would be unable to attend the afternoon meeting and wanted to be present for the discussion. There was no objection. INRE: BRIEFINGS ~ Annual briefing bv the Blue Ridae Behavioral Healthcare Board of Directors. (Rita Gliniecki. Board Member reDresentina Roanoke County) Ms. Gliniecki advised that she is one of three County representatives on the Board of Directors for Blue Ridge Behavioral Healthcare (BRBH) and that she was accompanied today by Mr. Jim Sikkema, Executive Director. She advised that in fiscal 2002, BRBH staff delivered 125,841 units of service to 3,647 County residents with the value of services being $3,604,979. The County's FY 2002 local tax contribution to the agency's operations was $117,755. County residents received $30.61 of services for each tax dollar that was allocated to the Community Service Board. As examples of how BRBH is working for the County, she advised that a full-time adolescent and child psychiatrist was added to the staff and two staff members participated in the training of 15 Roanoke Valley police officers in crisis intervention training which was instituted by Chief Lavinder. The Adult Resource Management in Mental Health and Mental Retardation and the Adult Living December 17,2002 799 Facilities programs served 162 adults in Roanoke County. The RELATE Project (Relationship Education Leading Adolescents Towards Empowerment) is a collaborative effort between the SARA (Sexual Assault Response and Awareness) Program and Alternatives, Inc. 160 Roanoke County students participated in this training. Outpatient services in mental health through the Psychiatric Service Program served 148 Roanoke County clients this year. Governor Warner has publicly stated that a major reconfiguration of the public system of care for the mentally disabled is underway but BRBH is hopeful that within the next few years positive changes statewide and locally will be made. They will keep the Board informed of these changes as they become finalized. They will continue to minimize the disruption of services during this period of extremely limited resources. When they submit their funding request for FY 2004, it will be with full recognition that the budget crisis has affected everyone. She thanked the County for their on-going support. Chairman Church, on behalf of the Board, thanked Ms. Gliniecki and Mr. Sikkema for the work that they do. ~ Presentation of revised Citizen Handbook. (Dan O'Donnell. Assistant Countv Administrator) Mr. O'Donnell advised that the third edition of the Citizen Handbook has been completed and introduced Joel Shelton, a student intern who worked on the Handbook. Mr. Shelton is currently a sophomore at Virginia Tech studying political science and history. Mr. O'Donnell complimented Mr. Shelton for the excellent job that he did revising the Handbook. Mr. Shelton advised that the Handbook is the result of the efforts of many individuals and thanked Elmer Hodge, Wanda Riley and Janet Harris for their assistance. 800 December 17, 2002 He stated that he enjoyed working on the Handbook and was very proud of the final edition. He advised that there is an insert guide in the front of the book listing general information and the names of elected and appointed officials. There is also a new section on the County's history and a map of the magisterial districts. The entire format of the book has been re-organized with a comprehensive index and revised telephone directory. Chairman Church advised that this Handbook is more user friendly. He suggested that before each Board meeting, Handbooks be placed In some of the chairs in the Board Meeting Room for distribution to citizens. He thanked Mr. Shelton for his assistance in completing the Citizen Handbook. Mr. O'Donnell advised that the Handbooks are available at each of the libraries, in the Utility Billing and Community Development Departments, and citizens can call the Information Line at 772-2006 to request a copy. Mr. Hodge pointed out that Mr. Shelton is one of the editors for the Virginia Tech newspaper; that he was Chairman two years ago during Student Government Day; and that he provided valuable assistance updating the Citizen Handbook. ~ Public safety report on recent snow. (Elmer Hodae. County Administrator) Mr. Hodge advised that present for this agenda item are Ray Lavinder, Chief of Police; Rick Burch, Chief of Fire & Rescue; Anne Marie Green, Director of General Services; and Pete Haislip, Director of Parks, Recreation & Tourism. Mr. Hodge related that after any major event, staff updates the Board on the situation. The County was fortunate not to suffer the major problems that localities in Northern Virginia or North Carolina had where they were without power for a number of days following the recent December 17, 2002 801 snow. This was the first year that the local governments in Virginia received cell phone emergency calls. Prior to July, 2002, those calls went to the State Police. The Board authorized additional staff positions in the dispatch center to handle the increase in calls. He advised that the injuries, accidents and delays were regrettable but the handling of a storm of this size was a difficult task for the Virginia Department of Transportation (VDOT) and emergency personnel. He advised that the safety of citizens is a top priority and meetings have already begun with VDOT, the State Police, the Franklin County Sheriff's Office, the Roanoke County Fire & Rescue and Police Departments to improve communication, coordination and response time. Chief Lavinder advised that on a normal afternoon in NovemberorDecember, there are approximately 400 police emergency or non-emergency calls. On December4th, there were 1,054 calls which is approximately three times the normal volume. To handle the anticipated calls, they already had additional dispatchers in the Center and the day shift was held over for eight to ten hours. There were approximately 84 automobile accidents reported and officers were available to work all ofthe accidents involving injuries. Chief Burch advised that the Fire & Rescue Department handled approximately three times the normal number of calls and most involved accidents. There were several fire alarms but no working fires. There were three critical accidents but the Fire & Rescue staff were able to get to these in a timely manner. Primary problem areas were 1-81 where some of the serious accidents occurred with traffic backup, West Main Street in Salem, and Route 116 from Mount Pleasant Fire Station to Franklin County. The Fire & Rescue Department had a staff meeting prior to the storm and assigned personnel to two areas to cover both sides of the County. A Battalion Chief was also assigned to the Emergency Dispatch Center to assist with the fire and rescue dispatches. 802 December 17, 2002 Supervisor Minnix advised that he was convinced that the Police and Fire & Rescue Departments did everything in their power to get to the situations where people were injured, and he felt that advanced planning was essential. He was pleased to read the story in the Roanoke Times about the meeting between the various localities, State Police, and others which has already resulted in changes at VDOT to make chemicals available quicker. He believes that advance planning could avoid backups and help with these situations in the future. Supervisor McNamara advised that he was also pleased with the efforts made by County Departments and the State. He thought that the citizens would be more understanding of the delays they encountered if they could be provided with more information, and he requested that staff provide additional details. Supervisor Church advised that he and the other Board members received many telephone calls from citizens concerned about delays encountered during the snow storm and he also believed that County personnel were trying hard to deal with the over-whelming and unusual situation. Mr. Hodge advised that with regard to the delays on Route 221, two tractor trailer trucks that had difficulty getting down the hill parked and blocked both lanes of traffic. Three officers were dispatched but due to the traffic congestion, one was stuck behind the backup, another was unsuccessful accessing Route 220 via Merriman Road, and a third officer was routed around Windy Gap Mountain which, on a clear day, takes 45 minutes. About that same time, there was an accident on Jay Valley Road with injuries which eliminated getting through that way. He thanked Franklin County for their assistance and stated that the County needs to communicate with all other localities including Bedford and Montgomery Counties, the State Police and VDOT. One suggestion was that employers could release their employees in shifts to avoid creating rush hour situations such as those December 17,2002 803 experienced during this storm. Staff did an outstanding job and learned some things to help in the future. Supervisor Flora advised that with the snow coming later in the day, the pavement warmed up so that the first snow melted. Then the pavement froze and there was ice with snow on top. There is really nothing that can be done to get around on ice and even with advance planning, if this happened again, the event could not be controlled. Supervisor Altizer advised that he identified with the problems on Route 116 and Windy Gap Mountain. The biggest problem was that everyone was on the road at the same time trying to get off Route 220 to go over Windy Gap Mountain which created more problems. He though that the County personnel performed as best they could and that the advance planning did help but there are some times that circumstances prevent favorable responses to situations. Supervisor Church advised that County citizens should know that staff took the time to look into their concerns about the situation and are attempting to make adjustments for future events. Mr. Hodge thanked the news media for their assistance during the snow and suggested that the media could be of assistance in providing information about storms and road conditions to all citizens. IN RE: NEW BUSINESS ~ Reauest for aDDroDriation as a result of oDe rations for the vear ended June 30. 2002. (Diane D. Hvatt. Chief Financial Officer) A-121702.1 Ms. Hyatt advised that KPMG has completed their audit of the financial 804 December 17, 2002 statements of the County and Schools for the year ended June 30, 2002. At a meeting earlier today, they delivered a favorable opinion with no Management Letter comments. The Board will be getting a printed Comprehensive Annual Financial Report next week and staff will be available for a work session to go through the report in more detail. She reported that revenues for the year were $119,629,564, which was $335,370 less than budgeted. The largest variance in the revenues was in the personal property tax, which was $1,205,068 below budget. Overall, the revenues were 0.3% under budget. Ms. Hyatt advised that included in these revenues is $220,484 of Fee for Transport revenues in excess of budget. At the time the Transport Fee was approved, the revenues were committed to the Fire and Rescue Department. Of the $220,484, approximately $50,000 is due to the Town of Vinton for calls run in their area. The reminder will be used for one-time capital expenses in the Fire and Rescue Department. In anticipation of a revenue shortfall, the Board directed County departments to reduce their operating budgets by $954,671 as a mid-year adjustment, resulting in a $750,864 savings throughout the year. These savings were achieved in a variety of ways. The County postponed capital purchases, travel and training, job vacancies were reviewed by a Job Bank Committee, positions were frozen or transferred to higher priority needs, and there were personnel layoffs. Because of these actions, the County ended the 2002 fiscal year with a surplus of $1,186,711. Of this amount, $220,484 is committed to Fire and Rescue and $35,510 is the result of an accounting entry to adjust the investments to market. This leaves $1,186,711 that is available to be appropriated. Staff is recommending that $450,000 be used to replace unsafe high mileage County vehicles and that $736,711 be set aside in a Reserve for Revenue Shortfall until the full impact of the State budget reductions are assessed. December 17, 2002 805 Ms. Hyatt reported that the results of operations of the Roanoke County Schools for the Year Ended June 30, 2002 were presented to the School Board on November 21, 2002, and approved on December 9, 2002. The Schools ended the year with a surplus of $4,008,278. The School propose to appropriate $650,000 to buses, $39,000 to encumbrances, $365,000 to Architectural and Engineering for Phase II, $100,000 for renovation at Cave Spring High School, $65,000 for Carpet and fiooring and reserve $2.8 million for the anticipated state budget shortfall which will be added to the $738,000 reserved from 2001. She requested that the Board approve the following actions: (1) Fee for Transport fund in excess of budget in the amount of $220,484 be appropriated to the Fire and Rescue Department; (2) $450,000 be appropriated to vehicle replacement; and (3) $736,711 be appropriated to a Reserve for Revenue Shortfall. Supervisor McNamara advised that as a member ofthe Audit Committee, he commended both the administration and School staffs for their efforts. He advised that a negative .3% variance of actual revenues to budgeted revenues is very good. He was also appreciative that the schools are adding 70% of their surplus to the funds reserved from last year which they did not need to use. He is pleased that the Board is adding funds to a reserve account this year and believes that the County's fiscal condition is sound. In response to Supervisor Altizer's inquiry, Mr. Hodge advised that the County has a Vehicle Management Policy which has been developed over the years for replacement of vehicles. This policy is tailored to different departments and vehicles and includes factors such as mileage, hours of operations, and type of use. In the last two years, there has been no funding mechanism for replacing vehicles and purchases have 806 December 17,2002 been delayed with vehicles being repaired. Supervisor Altizer advised that at this time, some of the repair bills are higher than the cost of the vehicle, and this should be considered. He suggested a work session to discuss the policy and also asked if the three vehicles being replaced could be replaced with something other than a four-wheel drive to save money. Mr. Hodge advised that he would prefer four-wheel drives for the Community Development Department because a lot of inspections are off-road and in mountainous areas. Supervisor Altizer advised that using vehicles with high mileage is not saving money since there are also higher repairs costs. Mr. Hodge suggested having a work session in January. Supervisor Church commended Ms. Hyatt for a good job on the finances. He asked Chief Burch if the Catawba Station is the only fire station without staff during daylight hours. Chief Burch advised that the County has a variety of coverage but the Catawba Station and the Read Mountain Station are both staffed with all-volunteers. Supervisor Church advised that surplus funds should be used wisely but he also felt that all of the fire stations should be staffed. Supervisor Minnix moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ~ Resolution reauestina disaster assistance for Roanoke County farmers from the Commonwealth of Virginia and the United States as a result of the Dreviouslv declared drouaht emeraencv. December 17, 2002 807 (John M. Chambliss. Assistant County Administrator) R-121702-2 Mr. Chambliss advised that on October 8, 2002, the Board adopted Resolution 100802-2 declaring a drought disaster in Roanoke County so that the County could appeal to the U. S. Department of Agriculture for financial assistance for farmers. Through the Cooperative Extension Agents, the County and some of the surrounding counties filed preliminary reports earlier in the summer and this declaration was one of the required documents. The declaration and the request from nine other localities was forwarded to the Secretary of the U. S. Department of Agriculture on October 17 by Governor Warner. At that time, there were 28 other Virginia localities that had filed information after the September 19th deadline set by the U. S. Department of Agriculture. There were 68 localities that had filed for some type of assistance. At this time, Roanoke County has not been approved for assistance for the farmers. There are approximately 5,000 head of cattle on farms in Roanoke County which could have been eligible for amounts ranging from $13.50 to $31.50. Staff has continued to speak with State and Federal officials requesting intervention on behalf of the farmers and that other funding be made available since the money previously allocated for this purpose has been expended. Mr. Chambliss requested that the Board adopt a resolution asking the Federal legislators to work on behalf of Roanoke County to find assistance for farmers who suffered losses as a result of the recent drought disaster. The benefit to Roanoke County farmers could range from $67,500 to $150,000. Supervisor Church advised that he had received inquiries about this situation and that he spoke with Congressman Goodlatte and Senator Allen but did not find any encouragement. In response to Supervisor Church's inquiry, Mr. Chambliss advised that 808 December 17, 2002 Craig and Botetourt Counties were two of the localities that were approved for financial assistance. Staff is continuing to work to determine if there are any other funds available for Roanoke County farmers. Supervisor McNamara asked how some Virginia localities found out about the program, especially when in Governor Warner's letter, the date the program was announced and the deadline for enrolling in the program were the same. Mr. Chambliss was not sure when the September 19th deadline date became known. He advised that there were some preliminary reports that had to be submitted during the summer and the Roanoke County reports were filed. When the format for the resolution adopted by the Board in November was requested, it was received in the early part of October with no mention that the deadline had passed. At that point, the staff was not convinced that this deadline was definite but it appears now that funds were only available for the livestock program. In response to Supervisor Altizer's inquiry, Mr. Chambliss advised that everything was done according to the information that the County had at the time. The farmers have a direct working relationship with the Extension Agents and the Farm Service Administration and communications and information pass between them. When the County found out a resolution declaring a drought was necessary, that was brought to the Board for approval. However, it was after the September 19th deadline and the County was not advised that there was a deadline at that time. Information is passed from the Federal level to the State level to the localities or to the farmers directly as information becomes available. Supervisor Altizer pointed out that Botetourt County filed whatever was necessary to be eligible for the funds and he hoped that this would open a dialogue with December 17, 2002 809 the Farm Bureau that would make staff aware of any time table that would affect farmers. Mr. Chambliss advised that staff would be more diligent in watching for programs and opportunities beneficial to the farm community. Supervisor Minnix advised that he found it hard to understand why any program would give localities the opportunity to apply for aid and close applications on the same day. In response to Supervisor Church's inquiry about other localities having advance information, Mr. Chambliss advised that the some of the localities had information from their meetings with extension agents. Mr. Jon Vest, Agriculture Agent for Roanoke County, advised that as Mr. Chambliss explained, in Julyflash reports were completed and filed since Roanoke County, like other counties, was in a potential situation to have a drought disaster declaration awarded in the fall. At that time, it was the consensus of the Extension Agents that there was not enough drought disaster damage in any of the counties that would account for an actual declaration at that time. The actual analysis of damages was done in August and Botetourt County, which was experiencing a greater loss than any other county, and its adjacent county were considered at the same time. Botetourt and Craig Counties filed an initial report in late August. Roanoke County was still in a moderate drought phase, and no deadline had been given to anyone. The date of September 19th as a deadline for submission was first heard at a Farm Service Agency training meeting. On September 21 st the Farm Service Agency contacted Mr. Vest and by September 24th, all the drought reports and analysis were completed. The County approved the declaration on a timely basis and Mr. Vest had no explanation as to why September 19th was chosen as the deadline. In response to Supervisor Church's inquiry, Mr. Vest advised that a county cannot apply for aid without a record of damages. In the specific time frame, Roanoke 810 December 17, 2002 County was not ready for a drought disaster at that time. The normal time line wound up having a date assigned in the middle of the cycle. Roanoke County, like 28 other counties, fell victim to that deadline. In the future, communications between agencies involved can be improved with time lines and requirements requested in advance. In response to Supervisor Minnix's inquiry, Mr. Vest explained that the financial assistance that was being requested is a grant to farmers and not a loan. Mr. Hodge advised that this is an unfortunate situation. He believes that there was a bigger demand for the funds than anticipated which caused the arbitrary deadline of September 19th. The action taken today will make sure that Roanoke County will received consideration if there is a secondary allocation of money for localities. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None RESOLUTION 121702.2 REQUESTING ASSISTANCE FROM OUR CONGRESSIONAL DELEGATION TO OBTAIN DISASTER ASSISTANCE FOR ROANOKE COUNTY FARMERS FOR THE RECENT DROUGHT DISASTER WHEREAS, the Board of Supervisors of Roanoke County approved a resolution on October 8, 2002 declaring a drought disaster, citing serious and irreversible damage to crop production and pasture growth resulting in financial losses to local farmers; and, WHEREAS, Governor Warner forwarded the request for assistance for Roanoke County farmers to Secretary Veneman on October 17 with an additional request that the U.S. Department of Agriculture review the arbitrary deadline of September 19 to file for assistance; and, WHEREAS, staff and citizens have spoken with the U.S. Department of Agriculture and others seeking relief for the farmers, and have been advised that there does not appear to be any new or supplemental funding available for this program. NOW, THEREFORE, BE IT RE:SOLVED by the Board of Supervisors of Roanoke County, Virginia, that a copy of this resolution and supporting documentation be forwarded to our Congressional delegation to formally request their assistance in December 17,2002 811 trying to identify funding alternatives which could benefit the Roanoke County farmers who suffered losses as a result of the drought disaster. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: 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 January 28, 2003. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ~ First readina of ordinance to rezone from R1. Low Densitv Residential District. to C-2. General Commercial District. and to obtain a Special Use Permit on a .6 acre parcel for the operation of a used automobile dealership located at 6521 Bent Mountain Road. Windsor Hills Maaisterial District. upon the petition of Michael W. Christlev. ~ First readina of ordinance to obtain a Special Use Permit to construct a reliaious assembly facilities on 3.28 acres. located at 7300 Williamson Road. Hollins Maaisterial District. upon the petition of Sovereian Grace Community Church. 812 December 17,2002 INRE: FIRST READING OF ORDINANCES ~ First readina of ordinance authorizina creation of and financina for a Local Public Works Improvement Proiect - Clearbrook Area - Amanda Lane Water Line Extension. (Gary Robertson. Utility Director) Mr. Robertson advised that at the request of several property owners on Amanda Lane located in the Clearbrook Community of the Cave Spring Magisterial District, staff performed a preliminary engineering study to evaluate the feasibility of constructing a water line extension. These property owners have experienced problems with water quantity and/or quality of their private wells. A letter dated October 31, 2002 was sent to 14 property owners on Amanda Lane, and staff received seven responses with 6 in favor and one not interested. Providing public water to the interested property owners would require construction of a 1,600 foot water line extension at an estimated cost of $56,705. This ordinance establishes a special water service area for the project with each participating property owner paying a share of the cost through a special connection fee of $6,500. For those property owners who choose to not connect during the initial sign-up period, the construction cost would have a one time 25 percent increase (based on 5% annual increase for five years). Under this alternative, the total cost for initial participants would be $6,500 with later participants paying $9,134 (based on the present off-site facility fee of $2,690). The total construction cost would be $56,705 with the six property owners contributing $30,930 and a transfer from the Public Works Participation Fund would fund the remaining $25,775. December 17, 2002 813 Supervisor Minnix moved to approve the first reading and set the second reading for January 14, 2003. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None INRE: SECOND READING OF ORDINANCES ~ Second readina of an ordinance authorizina the acQuisition of and dedication of certain real estate and necessary easements for the construction of the Indian Grave Road Extension and u.S. Route 220 intersection improvements. (Elmer Hodae, County Administrator: Arnold Covev. Director of Communitv Development) Chairman Church announced that this item had been moved to Item T-7 in the evening session so that citizens could attend. ~ Second readina of an ordinance amendina Section 12-8 of the Roanoke County Code "Adoption of State Law" to incorporate bv reference the authority to enforce certain laws and reaulations concernina vehicle safety inspections Mahoney. County Attornev} (Paul 0.121702.3 Mr. Mahoney advised that there have been no changes since the first reading of the ordinance. There was no discussion. 814 December 17,2002 Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ORDINANCE 121702.3 AMENDING SECTION 12-8 OF THE ROANOKE COUNTY CODE "ADOPTION OF STATE LAW" TO INCORPORATE BY REFERENCE THE AUTHORITY TO ENFORCE CERTAIN LAWS AND REGULATIONS CONCERNING VEHICLE SAFETY INSPECTIONS WHEREAS, Section 46.2-1001 authorizes law enforcement officers of certain designated counties and cities to perform vehicle safety inspections as prescribed by the state police and by the regulations promulgated by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety; and WHEREAS, Section 52-8.4 authorizes the superintendent of state police to promulgate regulations pertaining to commercial motor vehicle safety, and the state police together with all other law enforcement officers certified to perform vehicle safety inspections as defined by Section 46.2-1001 shall enforce these regulations and other requirements of the Federal Motor Carrier Safety Regulations, safety inspection procedures, and out-of-service criteria; and WHEREAS, Section 52-8.4:2 provides that any violation of said regulations shall constitute traffic infractions and be subject to the pre-trial waiver of appearance, plea of guilty, and fine payment as provided therein; and WHEREAS, Section 46.2-1313 authorizes local governments to adopt ordinances which incorporate these provisions into such ordinances by reference; and WHEREAS, the public health, safety, and welfare of the citizens of Roanoke County shall be served by authorizing its law enforcement officers who have been certified to perform vehicle safety inspections to perform said inspections and to charge any violators under the provisions of the Roanoke County Code; and WHEREAS, the first reading of this ordinance was held on December 3, 2003; and the second reading was held on December 17, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8 of the Roanoke County Code be amended and reenacted as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of section 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in title 46.2, in section 52-8.4 and 52-8.4:2, in article 9 (section 16.1-278 et seq.) of chapter 11 of title 16.1, and in article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be December 17, 2002 815 deemed to refer to the streets, highways, and other public ways within the county. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective after the effective date of this ordinance provided such state law has been adopted by the General Assembly and as signed by the Governor, and provided further that such amendment to this code shall become effective on the same date as the effective date of the state law. 2. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None INRE: APPOINTMENTS ~ Roanoke County Plannina Commission /Appointed by District} Supervisor Altizer nominated Steve Azar to serve a four-year term on the Planning Commission representing the Vinton Magisterial District. His term will expire December 31,2006. INRE: R.121702-4 CONSENT AGENDA Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None RESOLUTION 121702-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J . CONSENT AGENDA 816 December 17, 2002 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 17, 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 5, inclusive, as follows: 1. Approval of minutes for December 3, 2002 2. Request from Schools for appropriation of Dual Enrollment Funds in the amount of $10,709.50 3. Confirmation of Committee Appointments: a. Blue Ridge Behavioral Healthcare Board of Directors b. Building Code Board of Adjustments and Appeals c. Roanoke Valley Regional Cable Television Committee d. Virginia Western Community College Board Request to approve amendments to the Length of Service Awards Program (LOSAP) bylaws for the volunteer Fire & Rescue personnel concerning eligibility requirements and time of benefit payment. Request to accept donation of drainage easements for Seekers Run Subdivision across Lots 1, 2 and 3 in the Williams Resubdivision along Wood Haven Road, Catawba Magisterial District 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 4. 5. INRE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ~ ~ General Fund Unappropriated Balance Capital Fund Unappropriated Balance ~ Board Continaencv Fund December 17, 2002 817 !. Future School Capital Reserve INRE: CLOSED MEETING At 4:26 p.m., Supervisor Church moved to go into Closed Meeting following the work sessions pursuant to Code of Virginia 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None IN RE: WORK SESSIONS ~ Work session to update vear-to-date revenues and FY 2002- 2003 revenue projections. (Brent Robertson. Budaet Director) The work session was held from 4:40 p.m. until 5:00 p.m. Mr. Robertson advised that several months ago, the Board requested more comprehensive results from staff on revenues. He reviewed the revenue adjustments made to the current year which are necessary based on the actual audited figures from FY 2002. He advised that the revenue projections are on target and that positive adjustments of $87,035 were made. He advised that the second quarter figures for the County should be available for review by the second week in January. Mr. Pete Geisen, Roanoke County's Assistant for Legislative Relations Contact, was present, and advised that there is a lot of speculation but nothing definite at this time concerning the Governor's budget. 818 December 17, 2002 ~ Work session with Roanoke Vallev Leaislators to discuss the 2003 Session of the Virainia General Assembly. Mahonev. County Attornev} 15:00 p.m.} (Paul The work session was held from 5:18 p.m. until 6:08 p.m. Present were Delegates Morgan Griffith and Vic Thomas, and Senators John Edwards and Bo Trumbo. Also present were Legislative Aide Christie Meredith representing Delegate Woodrum, Pete Geisen, and Dr. Linda Weber, School Superintendent. Mr. Mahoney advised that the top priorities of the County's legislative program for 2003 are: (1) amend the County Charter to levy and collect taxes on cigarettes and tobacco products; (2) request funding for school capital construction projects; and (3) secure permission from the Virginia Department of Transportation to install a traffic signal on Route 220 and Indian Grave Road to protect the children at Clearbrook Elementary School. Other requests from the County's legislative program which were discussed: (1) an ownership interest reflecting the County's financial support of Explore Park and (2) opposition to the reallocation of transportation funds in the Salem District to pay for Virginia's Smart Road Project. Delegate Thomas indicated that he would contact the Virginia Department of Transportation and ask for an update on the status of the Clearbrook traffic signal. Delegate Griffith advised that he felt all of the legislators were opposed to the Salem District paying for the entire Smart Road Project. The legislators were in agreement that the County should seek the necessary authority to tax cigarettes and tobacco products by submitting an amendment to the County Charter and supporting the Section 58.1 bill to grant all counties equal taxing authority as cities. December 17, 2002 819 It was the consensus of the group to move forward with scheduling a dinner with the legislators and representatives from several localities during Legislative Day in Richmond on January 23, 2003 at the SunTrust Building. IN RE: CLOSED MEETING The Closed Meeting was held from 6:30 p.m. until 6:45 p.m. INRE: R-121702-5 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, Altizer, Church None RESOLUTION 121702-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the Certification Resolution and carried by the following recorded vote: 820 December 17,2002 AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS ~ Recoanition of Cecil Boone for his donations to the American Red Cross and attainina the National Donation Hall of Fame. Chairman Church presented a certificate of appreciation to Mr. Boone who was accompanied by his wife. Mr. Boone has been named to the National Donation Hall of Fame for donating platelets 280 times. He has been donating blood since the 1960s and platelets since 1987. Ms. Jennifer Cockerham who promotes the Pheresis Program was also present and advised that Mr. Boone is one of their most dedicated donors. She asked that anyone interested in becoming a donor call for an appointment at 540-985-3521. Supervisor Minnix advised that he was acquainted with Mr. Boone and his family and congratulated him upon this accomplishment. INRE: PUBLIC HEARING AND FIRST READING OF ORDINANCES ~ First readina of an ordinance authorizina the execution of an aareement with Roanoke Catholic School for the excansion. development and ioint use of Vinvard Park for athletic and recreational purposes. Recreation & Tourism} (Pete Haislip. Director. Parks. Mr. Haislip explained that Roanoke Catholic School has never owned their own athletic fields and have used a variety of fields owned by the County and Roanoke City. As their athletic programs have grown, they are looking to create a home field December 17,2002 821 complex for their outdoor sports team. In May 2002 a representative of Roanoke Catholic School contacted Roanoke County Parks and Recreation to see if there was a park site (convenient to their campus), as well as interest in a potential partnership, to improve and/or develop facilities in return for long-term use by Roanoke Catholic. Specifically they requested a game and practice soccer field, a game and practice football field, one 300' baseball field, and a softball field. In addition to fields, there was also a need to develop support facilities including a restroom/concession stand, expanded parking, and the lighting of the football/baseball field as well as other support amenities. After conferring with County Administration and the Parks, Recreation & Tourism Advisory Board members, staff recommended Vinyard Park as a potential site. Vinyard Park was identified for numerous reasons: . The proposed development plan matches the identified needs of the Vinton Booster Club and has the strong support of the Vinton Booster Club. . It is located 3.2 miles from the Roanoke Catholic campus. . The majority of times of use required by Roanoke Catholic (Monday-Friday from 3:30 to 5:30 p.m.) are times that are not used by the Booster Club and are readily available. . It has enough fields and/or land to accommodate the majority of Roanoke Catholic's needs. . Required capital improvement costs fit within the available budget of Roanoke Catholic. Mr. Haislip advised that the Vinton Booster Club, working in conjunction with Roanoke County, had identified Vinyard Park for development as a premier sports complex. The existing park master plan was recently updated to include a 300' baseball field, restroom and concession building, lighted football game field, batting cages, trails, etc. Recognizing that this potential partnership would generate interest and require cooperation within the community, staff met with members of the Vinton Booster Club to 822 December 17, 2002 determine their level of interest. As the major user of these fields, the Booster Club's support was essential prior to seriously considering a partnership of this nature. Staff met with members of the Vinton Booster Club Board of Directors, as well as Vinton's representatives to the Parks and Recreation Advisory Commission. After receiving positive feedback from all parties, staff scheduled a joint meeting between Roanoke Catholic School administrators and coaches and the Vinton Booster Club Board. It was a very positive meeting with the Vinton Booster Club Board strongly supporting the development of a partnership with Roanoke Catholic School. To ensure the success of the partnership, a Field Use Committee was created comprised of members of the Vinton Booster Club, Roanoke Catholic School, and Roanoke County Parks, Recreation, and Tourism. The committee is responsible for managing field use issues and coordinating schedules to ensure the smooth operation of all programs and maintain quality playing fields for all parties. The proposed improvements are estimated to cost $328,500. As part of the lease agreement, Roanoke County and Roanoke Catholic will share the following development responsibilities: Roanoke Countv: . Expansion of the existing 200' field to a 300' field . Addition of portable fencing for the baseball and softball fields . Addition of bleachers to the football field . Purchase and installation of goal posts . Landscaping These improvements have an estimated value of $65,000 which will be funded from the initial payment of $80,000 when the lease is executed. Roanoke Catholic: December 17, 2002 823 . Installation of lights on the joint football/baseball field . Expansion of parking and trails . Construction of a restroom/concession stand . Installation of football and baseball scoreboards . Construction of dugouts and bleacher pads at the baseball field These improvements have a combined value of $198,500 which will be paid to the contractor of Roanoke Catholic's choice. All improvements shall be pre- approved by Roanoke County and built to Roanoke County standards. In addition to capital improvements, Roanoke County Parks, Recreation and Tourism will receive a total of $65,000 for short and long-term maintenance and small improvements. These payments will be spread over six years, with $15,000 received when the lease is executed and $10,000 per year for the next five years. The length of the agreement is 15 years with an additional 5-year renewal subject to approval by the County. Following the 5-year renewal period, use will be on a year-to-year basis. Any extension beyond the initial 15 year lease will require Roanoke Catholic to pay yearly rental fees based on the existing field rental rates, less 25%. Included in the agreement is a buyout clause that stipulates that if Roanoke County wishes to cancel this agreement within the 15-year period, the County shall give two years notice plus pay the value of the depreciated improvements. Overall, staff feels this is an excellent opportunity for both Roanoke County citizens and Roanoke Catholic School and recommends the Board support the proposal. The value of this agreement is $328,500. The lease has provided for additional and routine day to day maintenance costs ($65,000), as well as providing for small capital maintenance improvements. It allows Roanoke County to develop planned 824 December 17, 2002 additional park facilities, which are part of the long-range master plan, at no cost to the general fund. Mr. Haislip asked that the Board approve the attached ordinance authorizing the County to enter into a lease agreement with Roanoke Catholic School for the expansion, development and joint use of Vinyard Park for interscholastic athletic and recreational purposes. Supervisor Altizer thanked the Vinton Booster Club, Roanoke Catholic School, and County staff for their assistance in making this win-win situation a reality. Supervisor McNamara advised that this was a tremendous opportunity for the County to reach out to a neighbor and that all parties will benefit. He congratulated all parties involved. Supervisor Flora advised that this a wonderful opportunity to provide a facility for Roanoke Catholic as well as improve the County facilities and enhance the potential for Vinton citizens. He was also pleased that all of the details of the transaction are being set out at the beginning of this venture. Supervisor Minnix concurred that this a wonderful opportunity for all concerned. In response to Supervisor Church's inquiry, Mr. Haislip advised that all of these facilities are ADA accessible. Mr. Doug Mitchell, President of the Vinton Booster Club, advised that they are very excited about the partnership and developing Vinyard Park which is something they have wanted to do for a long time. This is a very beneficial situation for all parties concerned. They are very proud of Vinyard Park which is used a great deal and is the only County facility that has three lighted soccer fields. Mr. Haislip thanked County Attorney Paul Mahoney and his staff for their assistance on this project. He introduced Dick Wall, representing Bishop Sullivan and December 17,2002 825 the Dioceses of Richmond, and Mr. Ray-Eric Correia, President of Roanoke Catholic School. Mr. Wall advised that it has been a pleasure working with Mr. Haislip and Mr. Mahoney. Bishop Sullivan could not be present at this meeting but he was very pleased with the results. Mr. Correia advised that they are very excited about this partnership and expressed his appreciation to Mr. Haislip and the Vinton Booster Club. He stated that Roanoke Catholic is looking forward to a rewarding partnership with the County and students are looking forward to having a home base. Mr. Haislip introduced the members of the Parks, Recreation & Tourism Advisory Committee who were present: Chairman Jack Griffith, Bobby Semones, Roger Falls, and those present from the Vinton Booster Club: Barry and Susie Adams; Greg Barton, Softball Coordinator; David Nice; Anthony Amos, Past President; Barkley Green, In-Coming President; and Terry Kelly, Baseball Coordinator. Supervisor Church extended appreciation to all of those present and those in the background who worked on this project for their assistance. Supervisor Minnix expressed appreciation to Mr. Haislip and his staff. Supervisor Altizer moved to approve the first reading and set the second reading for January 14, 2003. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 826 December 17,2002 ~ Second readina of an ordinance to obtain a special use permit to operate a used automobile dealership located at 6422 Bent Mountain Road upon the petition of Back Creek Enterprises. Windsor Hills Maaisterial District. (Janet Scheid. Chief Planner) (WITHDRAWN AT REQUEST OF PETITIONER) Chairman Church advised that this item has been withdrawn by the petitioner. ~ Second readina of ordinance to rezone 22.743 acres from AR Aaricultural Residential District to R.1 Low Densitv Residential District for development of sinale family housina located at Virainia Secondary Route 688 (Cotton Hill Road) and Raintree Road. Cave Sprina Maaisterial District. upon the petition of Cotton Hill Land Companv. LC. (Janet Scheid. Chief Planner) (POSTPONED TO JANUARY 28. 2003 AT REQUEST OF PETITIONER) Chairman Church advised that this item had been postponed until the Board meeting on January 28, 2003 at the request of the petitioner. ~ Second readina of an ordinance to obtain a special use permit to conduct a home occupation for a beautv salon located at 3105 Davis Avenue upon the petition of Lois M. Atkins. Windsor Hills Maaisterial District. Planner) (Janet Scheid. Chief December 17, 2002 827 0-121702-6 Ms. Scheid advised that this property is zoned R-1 which requires a special use permit to operate a beauty salon. Documentation of a medical infirmity that necessitates the petitioner to stay at home is also needed. The special use permit allows the operation of a one-chair beauty salon at the home. Ms. Atkins has documented her medical infirmity which involves being unable to stand for long period of time and wants to continue to work part-time from her home. Commission voted unanimously to approve this request. The Planning There was no discussion and no citizens present to speak on this item. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ORDINANCE 121702-6 GRANTING A SPECIAL USE PERMIT TO LOIS M. ATKINS TO OPERATE A HOME OCCUPATION FOR A BEAUTY SALON TO BE LOCATED AT 3105 DAVIS AVENUE (TAX MAP NO. 77.06-2-19), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Lois M. Atkins has filed a petition for a special use permit to operate a home occupation for a beauty salon to be located at 3105 Davis Avenue (Tax Map No. 77.06-2-19) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 3, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 19, 2002; the second reading and public hearing on this matter was held on December 17, 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 Lois M. Atkins to operate a home occupation for a beauty salon to be located at 3105 Davis Avenue (Tax Map No. 77.06-2-19) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the 828 December 17, 2002 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 i, Second readina of an ordinance to obtain a special use permit to operate a private aviation facility on 21.9 acres located at 2213 Zana Road UDon the petition of Rickv A. Mav. Catawba Maaisterial District. (Janet Scheid. Chief Planner) 0-121702-7 Ms. Scheid advised that this is a request for a heliport. Mr. May owns 21 acres in an area that is zoned AG-1 and the ordinance requires a special use permit for any type of private aviation facility. The Planning Commission voted unanimously to approve the request with three suggested conditions: (1) The heliport shall be located on an existing graded area to the west of the petitioner's home, at an elevation of approximately 1,150 feet. (2) The heliport shall be used during daylight hours only. (3) The petitioner shall forward copies of written approval from the State Department of Aviation to the Roanoke County Department of Community Development. Mr. May owns a small helicopter that he uses for private use and wants to continue to use it and land at his house. In response to Supervisor Minnix's inquiries, Mr. May, petitioner, advised that he has sent papers to register with the Federal Aviation Administration and will be December 17, 2002 829 listed on the charts as a private heliport. Mr. May further explained that he will not be giving instructions for flying the helicopter and he will not have any fixed wing aircraft. Supervisor Church recognized Alan May, the son of the petitioner, who was present. Supervisor Church advised that Alan May participated in a previous Student Government Day representing the Catawba District and is one of the best golfers in the area. There were no citizens present to speak on this item. Supervisor Church moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ORDINANCE 121702-7 GRANTING A SPECIAL USE PERMIT TO RICKY A MAY TO OPERATE A PRIVATE AVIATION FACILITY ON 2.19 ACRES LOCATED AT 2213 ZANA ROAD (TAX MAP NO. 44.02- 1-17), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ricky A. May has filed a petition for a special use permit to operate a private aviation facility on 2.19 acres located at 2213 Zana Road (Tax Map No. 44.02-1-17) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 3, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 19, 2002; the second reading and public hearing on this matter was held on December 17, 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 Ricky A. May to operate a private aviation facility on 21.9 acres located at 2213 Zana Road (Tax Map No. 44.02-2-17) in the Catawba 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. The heliport shall be located on an existing graded area to the west of the petitioner's home, at an elevation of approximately 1,150 feet. 2. The heliport shall be used during daylight hours only. 830 December 17, 2002 3. The petitioner shall forward copies of written approval from the State Department of Aviation to the Roanoke County Department of Community Development. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None .[. Second readina of an ordinance to rezone 6.15 acres from R-1. Low Densitv Residential District. to AR. Aaricultural Residential District. at 7604 Mount Chestnut Road upon the petition of Joe & Melissa Lankford. Windsor Hills Maaisterial District. (Janet Scheid. Chief Planner) 0-121702-8 Ms. Scheid advised that the petitioners own a little over six acres off Mount Chestnut Road which is zoned R-1. The west side of Mount Chestnut Road directly adjacent to the petitioner's property is zoned agricultural. At the Planning Commission meeting on December 3, there was considerable discussion with the petitioners about their intentions for the agricultural zoning. The petitioners want to keep llamas specifically for the purpose of keeping their fields and pasture land mowed. At some point in the future, they would like to have ponies or horses. The Planning Commission discussed with the petitioners the number of animals they may want to have on their property and waste management issues. The Planning Commission voted 4 to 1 to approve the request with the following three conditions: (1) No chickens or pigs shall be kept on the property. (2) No more than 10 farm animals shall be kept on December 17, 2002 831 the property. (3) All animal waste shall be managed in a proper manner so as to not create a nuisance or health hazard to adjoining or nearby property owners. In response to Supervisor McNamara's inquiry about the down-zoning of the property, Ms. Scheid advised that in R-1, you can have a private stable with a special use permit but the definition of a private stable only deals with ponies or horses. The petitioners had to request down-zoning to the agricultural district to allow them to keep llamas. Ms. Scheid further advised that the basis of the property would not change for assessment purposes considering that the residential use is not changing and it is not being subdivided. Supervisor McNamara asked Mr. Mahoney since this will not be zoned agricultural, could the property qualify for a lower tax assessment. Mr. Mahoney advised that there is a minimum acreage requirement for a lower tax assessment which he believes to be ten acres and this property does not meet that condition. There were no citizens present to speak on this issue. Supervisor McNamara moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ORDINANCE 121702-8 TO CHANGE THE ZONING CLASSIFICATION OF A 6.15-ACRE TRACT OF REAL ESTATE LOCATED AT 7604 MOUNT CHESTNUT ROAD (TAX MAP NO. 85.04-1-12) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF AR WITH CONDITIONS UPON THE APplicATION OF JOE AND MELISSA LANKFORD WHEREAS, the first reading of this ordinance was held on November 19, 2002, and the second reading and public hearing were held December 17, 2002; and, 832 December 17, 2002 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 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 zoning classification of a certain tract of real estate containing 6.15 acres, as described herein, and located at 7604 Mount Chestnut Road (Tax Map Number 85.04-1-12) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of AR, Agricultural Residential District. 2. That this action is taken upon the application of Joe and Melissa Lankford. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) No chickens or pigs shall be kept on the property. (2) No more than 10 farm animals shall be kept on the property. (3) All animal waste shall be managed in a proper manner so as to not create a nuisance or health hazard to adjoining or nearby property owners. That said real estate is more fully described as follows: 4. All of that certain tract or parcel of land designated as Tract 2-A-1 containing 6.159 acres, more or less, as more fully shown on that certain "Re-subdivision plat from records and partial survey for Charles E. Henderson and Judy K. Henderson being the re-subdivision of Tracts A-1 and 2-A as shown in Plat Book 16, page 125 and Plat Book 24, page 61 creating hereon Tract A-1A (12.723 acres) Tract 2-A1 (6.159 acres)," dated February 14, 2002, prepared by Balzer & Associates, Inc., a copy of which is recorded in the Clerk's Office of the Roanoke County Circuit Court in Plat Book 25, page 61. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ~ Second readina of an ordinance to obtain a special use permit to operate a commercial kennel on 2.657 acres located at 3900 Carvins Cove Road upon the petition of Van B. & Teresa D. December 17, 2002 833 Johnson. Catawba Maaisterial District. (Janet Scheid. Chief Planner) 0-121702-9 Ms. Scheid advised that the petitioners live on property zoned AG-1 and they are interested in operating a commercial kennel on 2.6 acres. The Planning Commission discussed at length with them the size of the kennel, the size of the runs and the impact that this would have on the community. They were concerned about the number of dogs, how waste would be handled, and the issue of barking dogs and noise. They will have kennel silencers as required by the ordinance when the dogs are inside but when they are outside, there is no way of controlling the barking. One of the conditions suggested by the Planning Commission is that the dogs be housed inside from 7 p.m. until 7 a.m. and the petitioners have agreed to that condition. Ms. Scheid described the other conditions suggested by the Planning Commission as follows: (1) There shall be a limit of 35 dog runs allowed with this facility. (2) A septic system shall be required for the disposal of all animal waste for this facility or another method approved by the Health Department to prevent contamination of the adjoining creek. (3) There shall be a maximum of 10 feet of signage for the use. Any freestanding sign shall not be lighted. (4) The dogs shall be housed inside the kennel between the hours of 7pm and 7am. The Planning Commission unanimously approved the request. Supervisor Church advised that he approved of granting the special use permit because of his knowledge of the family and the rather stringent conditions that have been imposed. There were no citizen presents to speak on this time. 834 December 17,2002 Supervisor Church moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Altizer, Church None ORDINANCE 121702-9 GRANTING A SPECIAL USE PERMIT TO VAN AND TERESA JOHNSON TO OPERATE A COMMERCIAL KENNEL ON 2.657 ACRES LOCATED AT 3900 CARVINg COVE ROAD (TAX MAP NO. 16.00-1-12), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Van and Teresa Johnson have filed a petition for a special use permit to operate a commercial kennel on 2.657 acres located at 3900 Carvins Cove Road (Tax Map No. 16.00-1-12) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 3, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 19, 2002; the second reading and public hearing on this matter was held on December 17, 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 Van and Teresa Johnson to operate a commercial kennel on 2.657 acres located at 3900 Carvins Cove Road (Tax Map No. 16.00-1-12) in the Catawba 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) There shall be a limit of 35 dog runs allowed with this facility. (2) A septic system shall be required for the disposal of all animal waste for this facility or another method approved by the Health Department to prevent contamination of the adjoining creek. (3) There shall be a maximum of 10 feet of signage for the use. Any freestanding sign shall not be lighted. (4) The dogs shall be housed inside the kennel between the hours of 7pm and 7am. 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None December 17, 2002 835 L. Second readina of an ordinance authorizina the acQuisition of and dedication of certain real estate and necessary easements for the construction of the Indian Grave Road Extension and U.S. Route 220 intersection improvements. (Elmer Hodae. Countv Administrator: Arnold Covev. Director of Community Development) 0-121702-10 Chairman Church advised that this item had been moved from the afternoon session to allow citizens to attend. Mr. Covey advised that the construction plans for the 4-way intersection have been completed. They have obtained all the necessary options for the right-of- ways on the west side of Route 220 but they have been unable to obtain all of the necessary options on the east side of Route 220. Since staff already has the development plans for a 4-way intersection, staff would like to modify the plans and bid both the 3-way and 4-way intersection at this time. Staff is also requesting to move forward with the acquisition of the necessary right-of-way easements. In response to Supervisor McNamara's inquiry, Mr. Covey advised that the County has secured right-of-way easements from the Indian Grave Partnership, Joel Shepherd, Milton Miller, and the Schools and County. The Indian Grave Partnership and Mr. Shepherd were able to work out a deal to improve their parking lots and secure an entrance to enhance both properties. Supervisor Minnix advised that he would move to approve this ordinance to move forward and felt that bidding both of the 3-way and 4-way intersection was 836 December 17, 2002 merited. He feels that a stop light is needed in that area, and it is fortunate that there have been no accidents at this time. 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, Altizer, Church None ORDINANCE 121702-10 AUTHORIZING THE ACQUISITION OF AND DEDICATION OF CERTAIN REAL ESTATE AND NECESSARY EASEMENTS FOR THE CONSTRUCTION OF THE INDIAN GRAVE ROAD EXTENSION AND U.S. ROUTE 220 INTERSECTION IMPROVEMENTS WHEREAS, plans for the extension of and improvements to Indian Grave Road at its intersection with U.S. Route 220 have been completed and the project will require acquisition of and dedication of certain real estate and necessary easements across certain properties; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of or dedication of any interest in real estate be accomplished by ordinance; and WHEREAS, the Board of Supervisors declares this real estate to be surplus, and is available for other public purposes, namely, for public highway purposes; and WHEREAS, the first reading of this ordinance was held on November 19, 2002; and the second reading was postponed on December 3, 2002; and held on December 17, 2002. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of certain real estate and necessary easements for the construction of the Indian Grave Road Extension and U. S. Route 220 intersection improvements is hereby authorized across the following properties, referenced by tax map number, from the property owners, their successors or assigns: Tax Map No. Owner 88.03-1-6 Mod-U-Kraf Homes, Inc. 88.03-1-1.2 James R. Jackson & Michael A. Wray 88.03-1-1.1 Vine & Branch, Inc. 88.03-1-1 Joan M. Resk 98.02-2-1.1 Indian Grave Partnership 98.01-1-75 Milton J. Miller 98.02-2-1 Joel R. & Ann Claire Sheperd December 17,2002 837 Roanoke County School Board 2. That the acquisition of the real estate described in paragraph 1, either by acceptance of donations of the real estate or upon the payment of nominal consideration, is hereby approved and authorized. 3. That the consideration for each real estate and easement acquisition shall be the payment of nominal consideration of $10.00 cash and the promise of Board of Supervisors to construct a new street and related improvements on the property; and 4. That the dedication of the real estate described in paragraph 1, as well as a portion of certain real estate owned by the Roanoke County Board of Supervisors, referenced by tax map number set out below, to the Commonwealth of Virginia, is hereby authorized: Tax Map No. 98.01-1-74 Roanoke County Board of Supervisors Tax Map No. 98.01-1-1 Roanoke County Board of Supervisors 5. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on 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, Altizer, Church NAYS: None 98.0101-75.1 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He advised that he and Supervisor Flora, as members of the Metropolitan Planning Organization, attended a meeting on Monday to sign an Early Action Compact as it relates to ozone mitigation in the Roanoke Valley. If the program is entered into voluntarily, this will prevent any action by the Environmental Protection Agency against the Roanoke Valley. He felt that another strong reason for getting into this program would be to improve the health of the citizens of the Roanoke Valley. He advised that a document will be presented for Board approval in the near future. Supervisor Minnix: He advised that he has been receiving many calls from citizens concerned that their neighbors' yards and homes are unkempt which causes their property values to decrease. He asked that Mr. Hodge and staff determine 838 December 17,2002 if an ordinance or some other action could be developed to require citizens to take care of their property. Mr. Hodge advised that staff would research the matter and report back. Supervisor Flora: He advised that he was indebted to the three Board members who served before him and the administration for securing the funding for the School Resource Officers. He related the details of a situation that his daughter found herself in on her way back to college. By remembering the advice given to her by Tim Myles, School Resource Officer at Northside High School, she avoided a potentially deadly situation. He also thanked the State Police for investigating her complaint. He advised that the School Resource Officers provide an extremely valuable service. Supervisor Church: (1) He attended the Community Christmas Store, which is run by volunteers, and was very impressed by their work. They served 700 families this year. He thought it so worthwhile that he missed the Chamber of Commerce dinner at Hotel Roanoke later that night. He also asked Mr. Hodge to see if the County could accommodate them with storage for their shelves until next year. (2) He thanked U. S. Senators Goodlatte and Allen for holding a bi-partisan luncheon meeting that he, Mr. Hodge and others attended. (3) He thanked all of the Roanoke Valley legislators who attended the work session held earlier for their hard work on behalf of all of their constituents. Mr. Hodge wished the Board members Happy Holidays and Merry Christmas. He thanked them for their support during this very eventful year. The County worked through many problems and came through the recent financial budgetary constraints in a better situation because of the foresight and planning of the Board. He also thanked the staff for their many accomplishments during the year. December 17, 2002 839 INRE: ADJOURNMENT Chairman Church adjourned the meeting at 8:10 p.m. to Thursday, January 2, 2003, at 9:00 a.m. for the purpose of an organizational meeting. Submitted by, Approved by, ~ 2to~ Deputy Clerk to the Board l~vL Jos ph B. "Butch" Church Chairman 840 December 17, 2002 This page left blank intentionally.