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HomeMy WebLinkAbout2/29/2000 - Regular February 29, 2000 97 == Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 29, 2000 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February, 2000. INRE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens None MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Phillip Whitaker, Brambleton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS 98 February 29, 2000 ~ Supervisor Church requested that Item 2 under the Consent Agenda be pulled for a separate vote. Supervisor Johnson asked for an update from County Attorney Paul Mahoney on the General Assembly legislation. Mr. Hodge asked that Item 1 under Briefings be postponed at the request of Phil Sparks, Economic Development Partnership Executive Director. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS L Resolution 2f Accreciation ucon the retirement 2f Walter .!", Delanev. 4L:. Sheriff's Office. R-022900-1 Mr. Delaney was present to receive the resolution. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF WALTER L. DELANEY, JR., SHERIFF'S OFFICE WHEREAS, Walter L. Delaney, Jr., was first employed by Roanoke County on July 1, 1973 as a Deputy Sheriff with the Sheriffs Office; and also served the Sheriffs Office as a Detective, Uniform Patrol Deputy, Court Bailiff, and Civil Process Server; and WHEREAS, Deputy Delaney was the first black Deputy Sheriff employed by Roanoke County in the Sheriff's Office; and WHEREAS, Deputy Delaney retired from Roanoke County on January 1, February 29, 2000 99 :.:UUU, 113 II U~f'uty t,;i"ICFI1i lC1,1I UIVI5IaA), after FA6re ti"laA to.,CAty live years al servieo; BAa WHEREAS, Deputy Delaney was highly respected by his co-workers, court officials and the public for his caring attitude and willingness to go the "extra mile" in all of his duties; and WHEREAS, Deputy Delaney maintained an excellent rapport with the youth of Roanoke County and received many letters of commendation from citizens; and WHEREAS, Deputy Delaney, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to WALTER L. DELANEY, JR., for more than twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Resolution 2f Accreciation ucon the retirement QÍ Donnie C. Mvers. Assistant Countv Administrator R-022900-2 Mr. Myers was present to receive the resolution. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DONNIE C. MYERS, ASSISTANT COUNTY ADMINISTRATOR WHEREAS, Donnie C. Myers was first employed by Roanoke County on September 14, 1987, as the Director for the Management Information Systems Department; and WHEREAS, Mr. Myers was named Assistant County Administrator for Management Services on July 1, 1988; and WHEREAS, Mr. Myers retired from Roanoke County on February 29,2000, 100 February 29, 2000 [mer FRere IRan Iwel'/8 year", 91 ",ervise, ¡.HIe WHEREAS, during Mr. Myers' employment with the County of Roanoke, he was instrumental in many innovative changes to the structure and organization of the County including the development of a new employee pay and classification system, reorganization of the Management Information Systems Department, the institution of the project management process and the establishment and staff training for the team approach of Roanoke County administration; and WHEREAS, following voter approval for the creation of a Police Department in 1989, Mr. Myers was responsible for the planning and organizing of the new department, and contributed countless hours assisting the Police Department in fulfilling the requirements to become a nationally accredited department; and WHEREAS, Mr. Myers also served as the coordinator for the Sister Cities Program. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DONNIE C. MYERS for over twelve years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: BRIEFINGS L Presentation QÍ Annual Recort from the Roanoke Valley Economic Develocment Partnershic. (Phil Scarks. Executive Director) This item was postponed at the request of Mr. Sparks, who was unable to attend the meeting. IN RE: NEW BUSINESS L. Reauest for accroval to award construction contract and accrocriate $375.000 for the Blue Ridae Parkway Intercretive Center. (Jovce Waugh. Assistant Economic Develocment February 29, 2000 101 - bllrg~1gn R-022900-3 Mr. Hodge reported that the bids have been received for the construction of the Interpretive Center. The low bid of $1.3 million was received from Loeb Construction. Modifications have been made to the proposal to bring the cost within the budget previously reviewed with the Board in a work session on November 9, 1999. Staff is now requesting to award the bid with agreed upon modifications to Loeb Construction for $1 ,079,000. The construction contract along with $150,500 for A&E work, exhibit design and preliminary infrastructure, and $55,300 for contingencies will make the total budget for this project $1,284,800. Mr. Hodge advised that this has been part of the Explore Park project for many years, and described what will be included in the Interpretive Center. Mr. Hodge requested that the Board adopt the resolution, award the modified contract to Loeb Construction for $1,709,000, and appropriate the remaining $375,000 from the Capital Fund Unappropriated Balance ($300,000), the Regional Competitiveness Grant ($50,000) and a grant from AEP ($25,000). Supervisor Johnson expressed concern about the lack of state funding for Explore Park. Supervisor Nickens advised that the only funds that have not been received is the $50,000 regional competitiveness grant. Supervisor Nickens moved to approve the contract and appropriate the funds. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-3 APPROVING A CONSTRUCTION CONTRACT WITH LOEB CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BLUE RIDGE PARKWAY INTERPRETIVE CENTER, APPROPRIATING THE SUM OF $375,000 FOR THIS PROJECT, AND AUTHORIZING FURTHER ACTION 102 February 29, 2000 - WHEREAS, Roanoke County in partnership with the National Park Service and Virginia's Explore Park (Virginia Recreational Facilities Authority) intend to construct an interpretive center at Explore Park to orient visitors to the Blue Ridge Parkway and surrounding region, and to interpret the cultural heritage, scenic qualitites and recreational features of the Parkway region in this area of the Commonwealth (the "Project"); and, WHEREAS, the County has entered into Cooperative Agreement with the federal government which will fund a portion of this Project; other sources of funding include the Regional Alliance and the citizens of Roanoke County; and, WHEREAS, bids for the construction of this Project exceeded available funds, and the Board of Supervisors of Roanoke County authorizes negotiation of an adjustment to the bid price with the lowest responsive and responsible bidder in order to bring the bid within available funds, the Board finding that resolicitation of work of a reduced scope is precluded due to time and economic considerations; and, WHEREAS, Virginia's Explore Park will donate land for this Project and donate access to water and sewer systems to serve the Project, and it will own, operate and maintain the interpretive center upon its completion; and, WHEREAS, the County Board of Supervisors has previously appropriated $250,000 from the National Park Service, $529,800 from the Federal Highway Administration, $100,000 from the Regional Alliance, and $30,000 from Roanoke County, for a total of $909,800; and WHEREAS, the expenditure of public funds for these purposes is authorized by the provisions of Chapter 16 of Title 10.1 and Article 3, Chapter 9 of Title 15.2, of the Code of Virginia. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: (1 ) (2) (3) (4) That the Board hereby finds that resolicitation of bids for this Project is precluded due to time and economic considerations. That the Board approves the negotiation of an adjustment of the bid price and scope of work for Bid #CP99-41 with the lowest responsive and responsibie bidder, Loeb Construction, Inc. in order to bring the bid within the amount of available funds. Further the Board hereby approves the modification of the bid and contract for this Project, and hereby approves the award of this contract for this Project to Loeb Construction, Inc. in the amount of $1,101,000. That the sum of $300,000 of County funds from the Capital Fund Unappropriated Balance, $25,000 from American Electric Power, and $50,000 from a Regional Competitiveness grant is hereby appropriated for this project. That the County Administrator, or his designee, is hereby authorized February 29, 2000 103 to eJœel:JtÐ H'lIS 6aRSTrI:J6TIOn 6ermaSI Tar IRIS r'FElj86t 911 k,'iill¡¡11 "I 1I11# County, and to take such further actions as may be necessary to implement this Resolution, all upon form approved by the County Attorney and the availability of funds as certified by the Director of Finance. ~ Reauest for accroval 2f !! VDOT resolution succortina the Countv cortion of the Hardv Road croiect and consideration of fundina bikewavs and sidewalks. (Georae Simcson. Assistant Director of Community Develocment) R-022900-4 Mr. Covey reported that Hardy Road is the Town of Vinton's top priority in their six-year plan. A couple of years ago, the Virginia Department of Transportation (VDOT) conducted a location and design public hearing in the Town. Following this, Community Development and VDOT staff decided to add a shòrt section of Hardy Road to the County's six-year plan to be constructed in conjunction with the Town's project. The Town has decided to build a five lane highway with shared bikeway lanes and sidewalks. For continuity, VDOT and County staff decided to carry the same section into the County for approximately 200 feet. Hardy Road crossed Wolf Creek within the project and Wolf Creek is identified as a future greenway corridor. Mr. Covey requested that the Board adopt a resolution supporting the Hardy Road project and to approve bikeway and sidewalk facilities for approximately 200 feet, with a cost not to exceed $3,000 to be appropriated from the General Fund. Supervisor Nickens asked about the box culverts and advised that he did not think the County should spend $100,000 for bikeways. Supervisor Johnson pointed out that the County removed bikeways and sidewalks from other projects. Supervisor Nickens moved to approve the staff recommendation at a cost 104 February 29, 2000 of no more man $J,OOO. The mmlon carried by the fbllowlng reGUIded vule. AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-4 SUPPORTING THE COUNTY PORTION OF THE HARDY ROAD PROJECT AND APPROPRIATING $3,000 FOR CONSTRUCTION WHEREAS, Hardy Road, Route 634, is priority number eight in Roanoke County's six-year secondary plan, and WHEREAS, Hardy Road is also identified as a possible bike route in the Roanoke Valley's Bikeway Plan, NOW, THEREFORE, BE IT RESOLVED, this Board supports the Hardy Road project and wishes the project to continue to be built in conjunction with Town of Vinton's project, and BE IT FURTHER RESOLVED, this Board agrees to appropriate approximately $3,000 (not to exceed) to construct bikeways and sidewalks within Roanoke County, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Johnson None Requireq Supervisors Johnson. Minnix. Church. Nickens. McNamara None None l, Reauest ÌQ adoct resolution in succort 2f continued state fund for Virainia's Exclore Park. (Elmer C. Hodae. Countv Administrator) R-022900-5 Mr. Hodge advised that last year the General Assembly supported Explore Park in the amount of $450,000, which has been matched by Explore Park on a dollar for dollar basis in the past. This year both the House of Delegates and Senate reduced that amount to $100,000 which will greatly impact the continued operation of ~ February 29, 2000 105 I:xpiore f-'ark. Mr. Hodge requested that the t:3oard adopt a resolution In support 01 continued state funding for Explore Park. Supervisors Nickens suggested that the Board members contact the local members of the General Assembly and express support for the funding. Supervisors Minnix and Church recommended that a letter be sent to the legislators with the resolution. Chairman McNamara asked that a letter be drafted to local legislators to be mailed with the resolution. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-5 IN SUPPORT OF CONTINUED STATE FUNDING FOR VIRGINIA'S EXPLORE PARK WHEREAS, Virginia's Explore Park is a top economic development priority of Roanoke County and the County has contributed both capital and operating funds over the last ten years to support the Park, as well as countless hours of staff time and talent; and WHEREAS, Virginia's Explore Park was planned as an attraction which would bring visitors to the Roanoke Valley, and give them an opportunity to see life on the first American frontier, similar to the experience in the colonial capitol of Williamsburg; and WHEREAS, Virginia's Explore Park has grown dramatically since its opening, and now includes over ten historic venues with skilled interpreters, a welcome center, recreational opportunities, and a high quality restaurant; and WHEREAS, the Park is becoming a destination attraction, drawing visitors off the Blue Ridge Parkway into the Roanoke Valley; and WHEREAS, attendance at the Park is increasing annually during the last six years, with almost 100,000 people visiting the attraction in the last year; and WHEREAS, over 18,000 school children visited Explore last year to learn about the history of their state and the region in which they live, and assisting teachers by providing SOL-compliant, hands-on programs; and WHEREAS, attendance will continue to increase with the construction of the Blue Ridge Parkway Interpretive Center in April 2000, and the Education Center in the near 106 February 29, 2000 future, éU1d WHEREAS, funding for Explore and its supporting infrastructure has come from a unique combination of the U.S. Government, the Commonwealth of Virginia, the private sector and local government; and WHEREAS, Explore will continue to require funding from all those sources as it builds itself into a self-supporting attraction. WHEREAS, the reduction or elimination of funding to the Virginia Recreational Facilities Authority will devastate the current operations of Virginia's Explore Park and the potential consequent benefits to the Roanoke Valley region, and will severely undermine the Commonwealth's investment in Virginia's Explore Park. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors expresses its continued strong support of Explore Park; and further BE IT RESOLVED, that the Board of Supervisors urges the General Assembly and the Governor of the Commonwealth of Virginia to continue its support of this important and valuable resource. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES. CONSENT AGENDA: Supervisor Johnson moved to approve first reading and schedule second reading and public hearing for March 28, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None L First reading 2f ordinance !Q obtain g Scecial Use Permit !Q construct an ice cream carlor, located in the 6400 block QÍ February 29, 2000 107 williamson Koaa. HOllinS Maalstenal DistrIct. ucon me cetltlon 2f Reaal. Inc. IN RE: FIRST READING OF ORDINANCES L First readina 2f ordinance authorizina Accalachian Power Comcanv tQ excand the use QÍ an existina easement across .!!. well lot on Oriole Lane (Tax Mac tl. 87.17-3-13) owned ID' the Board of Sucervisors. (Paul M. Mahonev, County Attorney) Mr. Mahoney reported that Appalachian Power has requested authorization to expand the use of an existing easement across a well lot on Oriole Lane to allow access to a telecommunications antenna to be located on an existing transmission line tower. County staff has reviewed the request and has determined that it does not interfere with the County's use of the property. Consideration for the easement is the sum of $1 00 which will be deposited in the Water Operation Account. Supervisor Johnson moved to approve first reading and schedule the second reading for March 14,2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: APPOINTMENTS L Library Board Supervisor Minnix nominated David Smith to a four-year term expiring December 31,2003. 108 February 29, 2000 IN Kt:: COI'l16t:NIAGt:NUA Supervisor Johnson moved to adopt the Consent Resolution with Item 2 ~ removed for a separate vote. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None Supervisor Church introduced Brooks McDaniel, his appointee to the Commission for Senior and Challenged Citizens. Supervisor Church moved to approve Item 2. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J . CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for February 29, 2000, 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 10, inclusive, as follows: 1. Approval of Minutes a. October 26, 1999 and November 9, 1999, and November 23, 1999 January 3, 2000, January 11, 2000, and January 22-23, 2000 b. 2. Confirmation of Committee Appointment to the Commission for Senior and Challenged Citizens. Donation of two drainage easements on property of LCP Summerview, Inc., (Tax Map No. 28.05-1-9) in the Hollins Magisterial District. 3. 4. Request from Police Department for acceptance of a grant from the Department of Justice to purchase ballistic vests. Request from Sheriffs Office to accept $5,625 grant from the 5. February 29, 2000 109 6. 7. 8. 9. Department of Criminal Justice Services for criminal history records improvement. Request from Police Department for acceptance of $37,983 V-stop grant from the Department of Criminal Justice for prevention and investigation of violent crimes against women. Request from Schools to accept and appropriate $50,221 to the Regional School Budget. Request for acceptance of Lakedale Road into the VDOT Secondary System under the rural addition program. 10. Approval of a resolution to VDOT requesting a "Watch for Children Sign." Resolution of Appreciation upon the retirement of Betty P. Shockley, Social Services Department. 2. 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 Johnson to adopt the Consent Resolution with Item 2 removed for a separate vote, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None On motion of Supervisor Church to approve confirmation of appointment in Item 2, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 022900-6.a REQUESTING ACCEPTANCE OF LAKEDALE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM UNDER THE RURAL ADDITION PROGRAM WHEREAS, the streets described below was established on January 21, 1957, and currently serves at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation (VDOT) has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to Section 33.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist, NOW, THEREFORE, BE IT RESOLVED, this Board request the following street be added to the secondary system of state highways, pursuant to Section 33.1-72.1 (D), Code of Virginia: 110 February 29, 2000 l'iIame of Street Lall.edèll.. ftuèld L"II~lI,. 8.8:>:> I"iles From: 0.21 mi. from the intersection of Rte 689 and Rte 1641 To: - 0.055 miles NE from Rte. 1641- - -- Guaranteed right-of-way Width: 50 fe~ Plat Recorded, Date: Februarv ~ 1957 Plat Book: ~ Page:247 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and = BE IT FURTHER RESOLVED, this Board requests the Virginia Department ofTransportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to Section 33.1-72.1 (D), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Johnson None Reauired Supervisors Johnson. Minnix, Church. Nickens. McNamara None None RESOLUTION 022900-6.h THE TRANSPORTATION COMMISSIONER REQUESTING A "WATCH FOR CHILDREN" SIGN WHEREAS, the General Assembly enacted an amendment to the Code of Virginia, adding Section 33.1-210.2 regarding the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, the Board of Supervisors along with the Virginia Department of Transportation staff institute a local policy, and WHEREAS, a petition has been received that meets both Roanoke County and the Virginia Department of Transportation guidelines, and WHEREAS, the Wexford Homeowner's Association has agreed to fund the installation of the sign, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street location to be reviewed for a "Watch for Children" sign, pursuant to Section 33.1- 210.2, Code of Virginia: Sign location: Intersection of Steeclechase Drive and Homewood Circle. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote February 29, 2000 111 Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Johnson None Reauired Supervisors Johnson. Minnix, Church. Nickens. McNamara None None RESOLUTION 022900-6.1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF BETTY P. SHOCKLEY, SOCIAL SERVICES DEPARTMENT WHEREAS, Betty P. Shockley was first employed by Roanoke County on September 3, 1991, as a Receptionist I - Typist; and also served as Clerk III and Account Clerk II; and WHEREAS, Ms. Shockley retired from Roanoke County on February 1,2000, as an Eligibility Worker after more than eight years of service; and WHEREAS, Ms. Shockley always tried to find resources to meet the citizens' needs if they could not be met through the department's benefit programs; and many citizens complimented Ms. Shockley on her respectfulness and helpfulness; and WHEREAS, Ms. Shockley provided outstanding customer service during her employment with Roanoke County, and was instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BETTY P. SHOCKLEY for more than eight years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS William Overstreet spoke on the following: (1) He asked about North Spring Drive and advised that there is currently drive-through traffic. (2) He also asked about the status of the fence around the detention pond, and the tree plantings to be done by the City. (3) He expressed support for salary increases for public safety employees so that they receive the same salaries as Roanoke City and the State Police. Chairman McNamara asked that staff respond to Mr. Overstreet concerning 112 February 29, 2000 ~ i""u"" VII NvltI, SfJlill\J D'¡ve. Aliioid covey aa,13CeI tRat tho paVIA!!) Ras fig¡ Y8! 981!!11 completed, but he will check on the trees and the fence. INRE: REPORTS Supervisor Minnix moved to receive and file the reports after discussion of Item 9. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 1. 2. General Fund Unappropriated Balance Capital Fund Unappropriated Balance 3. 4. Board Contingency Fund Future School Capital Reserve 5. 6. Accounts Paid. January 2000 Proclamation signed by the Chairman 7. 8. Changes to the VDOT Secondary System in January 2000 Notice of VDOT Salem District Preallocation Public Hearing 9. Report on proposed Sanderson Subdivision in Hollins Magisterial District Supervisor Johnson asked County Planner Terry Harrington about the entrance on Tinkerview. Mr. Harrington responded that the road is not up to state standards and has serious design issues. Developers will have to get the plans approved by VDOT. Mr. Mahoney advised that the boundary lines are different depending upon February 29, 2000 113 whether ShOWl1 orlthe eotetoUit County or the F{oéHloRe Coumy maps. Supervisor 1'íllcRens suggested that Mr. Hodge meet with the Botetourt County Administrator to resolve these issues. IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Ucdate on Economic Develocment Strateav (David Porter. Economic Develocment Director) This work session was postponed to March 14, 2000. 2. Discussion on amendments to the zonina ordinance concerning cluster subdivisions. llim Harrinaton. County Planner) The work session was held from 6:45 p.m. to 7:00 p.m. Mr. Harrington presented changes to the ordinance since the last work session and advised that the approval process now comes to the Board of Supervisors for any waivers. The allowable density of proposed cluster developments has also been reduced. Supervisor Nickens noted that the ordinance allows up to 11 houses by right in the middle of subdivisions, and he and Supervisor McNamara expressed concern about the allowable density and the need to protect established neighborhoods. 3. Review of Countv Administration Goals established in Julv 1999. (Continued from February !h 2000) Elmer C. Hodae. Countv Administrator) This work session was postponed to March 14, 2000. IN RE: CLOSED MEETING At 4:00 p.m. Supervisor McNamara moved to go into Closed Meeting 114 February 29, 2000 pursué:lIIl tu Code or 'v'hyllliä St::diUIi 2.1-344 A (7) l-ulI"ull"lioli vvitl'i legal CðUA3CI t= pertaining to pending litigation; Rising Star Camp and Roanoke County v. GE; 2.1-344A (1) discussion of a personnel matter; 2.1-344A (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None EVENING SESSION (7:00 P.M.) IN RE: R-022900-7 CERTIFICATION RESOLUTION Supervisor McNamara announced that the Closed Meeting was held from 4:20 p.m. to 6:15 p.m., and moved to return to Open Meeting and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-7 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification February 29, 2000 115 - 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 McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: RECOGNITION Chairman McNamara introduced members of Boy Scout Troop 234 and Boy Scout Troop 49. IN RE: PUBLIC HEARINGS 1. Public Hearing 12 elicit citizen comment for items to be included ill the budaet for the 2000-2001 fiscal year. Andrea Krochalis, 9428 Patterson Drive, spoke in support of capital funding for expansion and renovations to the Bent Mountain Library. 2. Public HearinÇl on the "effective tax rate increase" as g result 2f increased assessed value QÍ real estate. David Shimc, 2633 Tulic Lane. Vinton, advised that he felt that the language in the advertisement for this hearing was confusing and asked what the tax rate was. Chairman McNamara explained that the format is required by state law, and that the actual rate is $1.13 per one hundred dollars of assessed value. 3. Public Hearina 12 set the followina tax rates: a. To set g real estate tax rate QÍ not more than ll.11 Wtl: $100 assessed valuation. 116 February 29, 2000 b. Tv »tll!;! "'",»vllell""ulJ..,ly lelA ,dIe Q! hot 1,,01& than~ ~ mtr $100 assessed valuation. To set ~ machinery and tools tax rate QÍ not more than c. $3.00 mtr $100 assessed valuation. James Garris. 3108 D. Honevwood Lane, suggested that the County consider a tax exemption for home based and small businesses. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second readina QÍ an ordinance tQ rezone accroximatelv 1.04 acres from R.3 Medium Densitv Multi-familv Residential to C-2 General Commercial tQ ocerate ~ ~ §.Q.i! and salon ill an existina structure. located !tl 5420 Starkev Road, Cave Scrina Maaisterial District. ucon the cetition 2f David and Zena Azar. Cúrn:ï Harrinaton. County Planner) 0-022900-8 Mr. Harrington advised that the applicant is proposing that the property be used for a day spa and salon. Services offered would include hair styling, pedicures, and manicures, facials and massages. The business will have three employees plus a receptionist and will be by appointment only. He advised that the proposed uses of this property are both Personal Improvement Services and Personal Services as defined in Section 30-29-5 of the Zoning Ordinance. Both uses are permissible by right in the C-2 General Commercial Zoning District. At the Planning Commission meeting, one citizen spoke and said she was not opposed to the use, but requested that no neon signs be permitted and that the parking be placed to the rear of the property. The Planning Commission recommended approval with six proffered conditions. February 29, 2000 117 = Nell Johnson, attorney for the petitioners, was present and explained that this type of use was appropriate for this area of Starkey Road. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 022900-8 TO CHANGE THE ZONING CLASSIFICATION OF A1.04-ACRE TRACT OF REAL ESTATE LOCATED AT 5420 STARKEY ROAD (TAX MAP NOS. 87.19-2-2 AND 87.19-2-3) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF DAVID AND ZENA AZAR WHEREAS, the first reading of this ordinance was held on January 25, 2000, and the second reading and public hearing were held February 29, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 1, 2000; and WHEREAS, legal notice and advertisement has been provided as required bylaw. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing 1.04 acres, as described herein, and located at 5420 Starkey Road (Tax Map Numbers 87.19-2-2 and 87.19-2-3) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-2, General Commercial District to operate a day spa and salon in an existing structure. 2. That this action is taken upon the application of David and lena Azar. 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 ) (2) (3) (4) (5) The project shall have only one entrance on Starkey Road. The property shall be used for personal improvement services, personal services, and uses permitted-by-right in the C-1 Office District. Type C screening and buffering shall be provided along all property lines. Total signage on the property shall not exceed 100 square feet. Freestanding sign shall be monument-type and be no greater than 6 feet in height and have an area of no greater than 16 square feet. Additionally, the sign shall not have back lighting. No neon signage shall be allowed. 118 February 29, 2000 (b) ¡leUF3 Of OfjCffiflOA :3RSII ec IIA'lltcd Ie r:uu BA'I !O \I:UU 3A'1. 4. That said real estate is more fully described as follows: Parcel No.1 - Lot 2, Section 2, as shown on the Map of Southern Pines, which map is recorded in the Clerk's Office of Roanoke County, Virginia, in Plat Book 2, page 138. Parcel No. ~ - From the point of intersection of the south line of Sleepy Hollow Road and the easterly line of Virginia State Highway No. 119, S. 25 '. 43'W. 139.1 feet to the southwest corner of Lot 1, Block 2, Southern Pines Map (PB2, page 138); thence with the dividing line between Lots 1 and 2 of said subdivision, S. 65 '. 55' E. 93 feet to the westerly side of a garage on the dividing line between said lots, which is the Point of Beginning; thence N. 25 '. 43' E. with the westerly line of said garage 2 feet to a point; thence through the center of said garage S. 65'. 55' E. 24 feet (passing through the center of a well in the easterly end of said garage) to the easterly side of said garage; thence with the same S. 25 '. 43' W. 2 feet to the dividing line between Lots 1 and 2; thence with said dividing line N. 65'. 55' W. 24 feet to the point of Beginning, and being a two (2) foot section of a double garage and one- half of a well in same, and being a part of Lot 1, Section 2, of said Southern Pines Map. i:::= 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 refiect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. Second reading 2f an ordinance amend in a and reenactina the zonina ordinance of Roanoke Countv. Virainia Qy the addition of standards for cluster subdivisions, ucon the cetition QÍ the Roanoke Countv Planning Commission. Countv Planner) .cDm:ï Harrinaton. Mr. Harrington advised that the ordinance has been revised to require that any requested waiver from the standards be reviewed and approved or denied by the Board. The second major change to the ordinance is a thirty-one percent reduction in the February 29, 2000 119 ::::::! ",lIuvvdule del ,sit}- pel ",ined VI ,de, II"" clustel opliul' al ,d PIO Ju"""", "'" allOvvable density of 5.5 units per acre. He advised that 35 to 55% would remain open space; sloops, floodplains, and ridgelines would be preserved; and there would be limited use of private roads. Supervisor Nickens explained that he was concerned about the inclusion of R-1 zoning within the proposed ordinance. He moved to approve the ordinance with the deletion of R-1 zoning. However, Supervisor Johnson felt that this change would eliminate the flexibility and creativity in the ordinance. He requested a continuance to allow staff to investigate the worst case scenarios. Supervisor McNamara advised that he would vote against the continuance because he felt that the Board needed to move forward with the ordinance or deny it. He explained he was concerned about the density in populated areas and the use of private roads. Supervisor Nickens advised he would endorse the ordinance if pre-existing R-1 areas were exempt. Supervisor Church reported that while the ordinance would not involve property in his district, he would like to review the ordinance one more time. Supervisor Johnson moved to continue the item to March 28, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None A work session was scheduled for March 14,2000 and the Board asked for information on how many parcels would fit into this category and how to protect established neighborhoods. 3. Second readina 2f an ordinance authorizina the accroval 2f i!. Scecial Use Permit for the Evanael Foursauare Church. for i!. 120 February 29, 2000 reliaíotls assam"'. tl3e leestea,m !S11S1S t>table Reaa. '_a"8 ~ E Maaisterial District. DJmy Harrinaton. Countv Planner) Mr. Harrington advised that this property was designated as Core in1998. At the Planning Commission meeting, an attorney representing a number of the surrounding neighbors expressed concerns that the existing traffic problems and the proposed uses would significantly increase the problem. Speaking at the Planning Commission meeting were L. L. Harris who described aligning Stable Road with Franklin Road, and Randy Kingery who highlighted the history of the property and supported the church's request. The Planning Commission had several concerns especially relating to the traffic from the church services, the day care and other church activities at the site. The Planning Commission recommended denial of both the Special Use Permit for the Day Care Center and the church. Ed Natt, attorney for the petitioners, advised this was a permitted use in the AV District that was in effect in 1998. In March 1999, the church purchased the property and in April 1999, the County amended the zoning for the property, and it now requires a Special Use Permit. There is no controversy concerning the proposed plan, and there will be only a single entrance only from Stable Road. There is a turn lane on Route 220 to cross into the property. The cost to realign the intersection and purchase a new traffic light was too expensive for the church to undertake. Mr. Natt advised that there is unanimous support for the project in the community, and there would be a positive impact on the Blue Ridge Parkway viewshed. In response to questions from the Board members, Mr. Natt advised that the day care would open at 6:00 a.m.; that no one will come from the south and turn right onto Stable Road; and that the County did nothing wrong in the manner in which they handled the change to the zoning, and advised the realtor when the zoning change went into effect February 29, 2000 121 = ill HJ99. Supervisor Johnson advised he was not opposed to the project but expressed concern about the traffic. Supervisor Church concurred. Supervisor Minnix pointed out that the Board has approved projects in the past where traffic was a concern such as Lowes on Route 220. The following residents spoke in support of the project: L. Michael Wrav, 5650 Yellow Mountain Road, who felt that the church would blend in with the surrounding area. ~ Kathleen King. 5186 Sinaina Hills Road. presented a petition with 58 signatures in support of the request, and 80 signatures from her church also in support. ;h Randv Kinaerv. 656 Crowells ~ Road, a member ofthe church spoke in support. ~. Laura Radaaar, recresentina the Blue Ridae Parkwav. spoke in support of the request because the poroposed uses will be compatible with the parkway. Following additional discussion about the ingress and egress to the property and concerns by the Board members about the traffic situation, Supervisor Minnix moved to continue the public hearing for 60 days to allow staff, VDOT and the church members to come to a satisfactory conclusion. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Georae Bowers. 3508 Kenwick Trail §'!Y... a member of the Advisory Board for Youth Haven II expressed concern about the closing of Youth Haven II. He highlighted the successes of the program, and requested consideration of reopening the 122 February 29, 2000 ~ nome. 2. Mrs. Boyd Overstreet 10388 Bent Mountain Road, spoke in support of including funds in the capital budget for expansion and renovations to Bent Mountain Library. 3. Dick ~ !! member QÍ the Youth Haven Advisory Board, expressed concern that there was no discussion with Rev. Bowers before the County decided to close Youth Haven II. Mr. Hodge responded to the concerns about Youth Haven 1\ and explained that the County has been reviewing the problems for over two years; that utilization of the facility had been falling off; and that the Board of Supervisors previously funded a $25,000 shortfall in Youth Haven's budget. As a result, a valleywide committee was established to attempt to increase utilization. Youth Haven II had been reaching only 5 to 7 girls per year, and they may be able to reach more youth with another plan. They were also advised by the judges that the experts are now encouraging returning the child to his or her family as soon as possible. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Sucervisor Johnson: (1) He asked when the Board would review the sewer rate study. Mr. Hodge responded that the report was received about two weeks ago and scheduled to be discussed at a work session on March 14. (2) He expressed concern that a newspaper article stated that the sewage treatment plant was on time and within budget, and pointed out that the costs had increased over the past several years. (3) He has recently discussed the sign ordinance with area businesses, and he would like to see the ordinance amended to emphasize quality rather than quantity and size. He asked that the ordinance be brought back for discussion. There was Board consensus to review the sign February 29, 2000 123 erElIABAeo. Sucervisor Minnix: He expressed best wishes to the Cave Spring girls and boys basketball teams who are playing in the regional tournament. Sucervisor Church: (1) He announced that paving is now underway at Daugherty Road. (2) He recognized four young ladies who assisted senior citizens including those in wheelchairs at the Richfield Retirement Center Valentines Dance. He advised that he would present them with Certificates of Recognition for their dedication and hard work. Sucervisor Nickens: (1) He asked someone to please fix the squeaky door at the entrance to the Board Meeting Room. (2) He announced that the William Byrd Ladies Volleyball Team won the state tournament and asked Ms. Allen to invite them to a future Board meeting to be recognized for this achievement. fumervi~Q! McNamar~ (1) He announced that the Virginia Federation of Women's Club donated 14,000 books to flood victims, and that Lawrence Transfer helped with transportation. (2) He reported that the Oak Grove Elementary Chess Club finished 1 st and 3rd in the Roanoke City Chess Tournament. (3) He met today with leaders of the teams formed from the Board retreat in January. The team names and their focus are education, economic development, workforce development, regionalism, image, technology and quality of life. Each team is charged with working through the suggestions presented at the retreat. The members of the School Board and Board of Supervisors will participate as liaisons to the groups. IN RE: REPORT FROM COUNTY ATTORNEY ON GENERAL ASSEMBLY LEGISLATION Mr. Mahoney reported that: (1) the Blue Ridge Parkway funding and Explore 124 February 29, 2000 F'ölk rulldhlY wele elilllillöleJ, (2) ti,e [8111,,;( ;6110.. capped at$:J.UU 36 I (OEinOIW \...OLJAty will lose no funds; (3) 599 funding levels could trigger the end of the annexation moratorium in 2001; (4) the House of Delegates included $90 million for teachers salaries; (5) there is a wetlands bill that may affect the County's drainage program; and (6) a VDOT backed bill to exempt telecommunications towers on VDOT rights-of-way from local control was probably "killed" yesterday. IN RE: WORK SESSIONS (Continued from the Afternoon) 1. Budaet Work Session a. Review of debt schedules (Diane Hvatt) b. Discussion on revenues (Brent Robertson) The work session was held from 10:00 p.m. to 10:55 p.m. There was a general discussion of debt schedules, projected revenues, and the division of new revenues between the Schools and County. Ms. Hyatt presented information on the future school capital construction and projected debt, the school fund debt ($86 million) and the County General Fund debt ($28 million), and a schedule of all outstanding debt as of December 31,1999. The amount of additional funds that will be needed to operate Glenvar Middle School and the South County High School is currently estimated to be at least $2 million. It is estimated that the Schools and County will each get additional revenue of $2.3 million. Mr. Hodge also recommended that $1.5 million be set aside for the new school operations, and $500,000 set aside for economic development purposes. IN RE: CLOSED MEETING February 29, 2000 125 At 1U.::'::' f'.FA., t;uf'CF'llser Mep~aFA8Fa FAovea to go lAW l..IO~¡¡g 1"IQ8l1l1\j pursuant to the Code of Virginia Section 2.1-344 (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: 0-022900-9 CERTIFICATION RESOLUTION At 11 :12 p.m., Supervisor McNamara moved to return to Open Meeting and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 022900-9 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this 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 Minnix to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 126 February 29, 2000 11'11 RE. ADJOURI'IIMEI'ItT At 11 :13 p.m., Chairman McNamara adjourned the meeting. Submitted by, Approved by, ~ ~yt.j.a ¿~ Mary H. Allen, CMC/AAE Clerk to the Board