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HomeMy WebLinkAbout7/25/2000 - Regular July 25, 2000 447 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 25, 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 July, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix (Arrived 3:30 p.m.), Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens None MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Joseph B. Obenshain, Senior Assistant County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator; Jill B. Barr, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by F. Douglas Sweetenberg, Sheriff's Office. The Pledge of Allegiance was recited by all present. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS L. Resolution of ADDreciatlon UDon the retirement of Kenneth E. Boone. Utilitv DeDartment. 448 July 25,2000 R-O72500-1 Chairman McNamara presented the resolution to Mr. Boone. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Church, Nickens, McNamara None ABSENT: Supervisor Minnix RESOLUTION 072500-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON RETIREMENT OF KENNETH E. BOONE, UTILITY DEPARTMENT WHEREAS, Kenneth E. Boone was first employed by Roanoke County on September 23, 1974, in the Utility Department as an Electrician; and WHEREAS, Mr. Boone retired from Roanoke County on June 1, 2000, as a Utility Coordinator, after more than twenty-five years of service; and WHEREAS, Mr. Boone served his country with twenty years of service in the United States Navy prior to his employment with Roanoke County; and WHEREAS, Mr. Boone is a humanitarian who constantly worked to help his fellow employees with activities such as coordinating lunch on Professional Secretary's Day and lending money to friends in need; and WHEREAS, Mr. Boone is an ambassador for Roanoke County, always promoting the County as a wonderful place to live and work; and WHEREAS, Mr. Boone was a valuable asset and resource to the Utility Department with his vast knowledge of electrical power and control systems; and WHEREAS, Mr. Boone was an advocate for Utility Department employees specifically and County employees in general while serving on numerous salary classification teams; and WHEREAS, Mr. Boone, 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 KENNETH E. BOONE 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix ~ Resolution of Conaratulations to Jessica Clem for winnina the July 25, 2000 449 Girls Hiah JumD GrouD AA State ChamDionshiD. R-072500-2 Chairman McNamara and Supervisor Nickens presented the resolution to Ms. Clem. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Church, Nickens, McNamara None ABSENT: Supervisor Minnix RESOLUTION 072500-2 OF CONGRATULATIONS TO JESSICA CLEM FOR WINNING THE GIRLS HIGH JUMP GROUP AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Jessica Clem, who graduated from William Byrd High School in June, 2000, had an outstanding season in track and field, culminating in a state championship with a high jump of 5 feet, 4 inches; and WHEREAS, Jessica set the school's record for the girls high jump at 5 feet, 6 inches; and WHEREAS, Jessica won the high jump in the Blue Ridge District track and field meet with a leap of 5 feet, 2 inches; and also won the high jump in the Regional track and field meet; and WHEREAS, Jessica competed in the state high jump for the fourth straight year and placed eighth as a freshman, fifth as a sophomore, third last year; and won the championship this year; and WHEREAS, Jessica was selected by The Roanoke Times to the second team AII- Timesland sports team for track and field; and WHEREAS, Jessica demonstrated outstanding athletic ability and good sportsmanship throughout her high school career; and will be continuing her education at Virginia Tech in the fall. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to JESSICA CLEM for winning the girls high jump Group AA State Championship; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Jessica Clem in all of her future endeavors. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix 450 July 25, 2000 INRE: NEW BUSINESS L. Reauest for aDDroval of Five-vear Economic DeveloDment Business Plan. Director) (David Porter. Economic DeveloDment A-072500-3 Mr. Porter explained that the Business Plan identifies various areas of focus, objectives and strategies that will guide the County's economic development efforts for the next five years. A work session on the plan was held at the July 11 meeting, and the Board requested that the plan be brought back for approval. He also reported on his trip to Richmond to the Virginia Economic Development Partnership and the Virginia Business Council, advising that the Economic Development Partnership has 120 employees and a $22 million budget. The Economic Development Department has plans to work with the Economic Development Partnership in several ways: (1) Linking their web site to Richmond's web site; (2) Forwarding up-to-date information to the State Partnership; (3) Reviewing County inventory of land; (4) Strengthening the County's relationship with the commercial and industrial community; (5) Planning a two-tier marketing program: one for the state and one for the local area; and (6) Monthly contact with people at the Virginia Economic Development Partnership. Chairman McNamara advised that there was unanimous support for economic development from the Board members and moved to approve the Economic Development Business Plan. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Church, Nickens, McNamara None ABSENT: Supervisor Minnix July 25, 2000 451 ~ Reauest to acceDt arant fundina for four School Resource Officers for Roanoke County middle schools and increase full- time Dersonnel and vehicle count. (John Chambliss) A-072500-4 Mr. Chambliss advised that the County has received a grant to fund four School Resources Officers at the middle schools, which will result in a School Resource Officer being located at each of the high schools and middle schools in the County with the exception of Glenvar which will share an officer between the high school and middle school. In order to accept this grant, the County will need to increase the number of police officers by four and the vehicle count by four. The police department will utilize vehicles that were previously to be surplused and will not spend any additional funds. The grant will require a local match of $71,352. Staff recommended that the Board accept the grant and wait until mid-year to see how much money is actually needed because it will take time to select and train the officers. Supervisor Johnson suggested that Chairman McNamara send a letter of thanks to Delegate Morgan for his help in obtaining the grants. Supervisor Nickens moved to approve the funding and personnel and vehicle increase. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Church moved to approve the first reading with the Magisterial 452 July 25, 2000 District in Item 1 changed to Catawba instead of Hollins, and set the second reading and public hearing for August 22, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None L. First readina of ordinance to obtain a SDecial Use Permit to construct a manufactured home sales center. located at 2810 Peters Creek Road. Catawba Maaisterial District. UDon the Detition of Clavton Homes. INRE: FIRST READING OF ORDINANCES L. First readina of ordinance authorizina a boundary adjustment and land exchanae with Mariorie and Jeffrev Craiahead and David Kidd in connection with South Countv Park. HaisliD. Parks. Recreation and Tourism Director) {Pete Mr. Haislip advised that as Roanoke County began to design and develop the South County Park, it became apparent that the park boundary on the border with the Craighead family was located in such a place as to create potential management and operational problems. The survey showed that the Craighead family actually owned the land on the Roanoke County side of Back Creek, with the boundary line following the top of the creek bank along the entire park border. Ms. Craighead indicated that she would be willing to exchange property giving Roanoke County ownership of the entire creek bed for adjoining property Roanoke County owned on her side of the creek, across from the Merriman Soccer Complex. She also requested, for added protection, that Roanoke County provide fencing material, which she will install July 25, 2000 453 on her side of the creek, and asked that we convey a small parcel of property to her father, David Kidd, so he could own the access to his property. Staff recommended the following actions: (1) A boundary adjustment/land exchange be executed between the Craighead family and Roanoke County, giving Roanoke County ownership of the entire creek bed adjacent to the park, in exchange for land Roanoke County owns, across Back Creek from the Merriman Soccer Complex, which adjoins her property; (2) That Roanoke County purchase for the Craigheads, 150 fence posts and 1200 feet of fencing which they will install on her side of the creek at a cost of $3,000 which will come from park maintenance funds; (3) That Roanoke County will convey a parcel of property to Mr. David Kidd, that he currently uses by county easement, to access his property adjacent to Starkey Park. Supervisor Minnix moved to approve the first reading and set the second reading for August 8, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ~ First reading of ordinance rescindina ordinance 061300-8 authorizina the arant of an easement to James Leslie Duaaer and Melvie Harkleroad Duaaer. and authorizina the vacation of said easement. and authorizina the grant of a new easement to the Duagers. and Drovidina for an emeraencv. (Paul Mahonev. Countv Attorney) 0-072500-5 Mr. Mahoney reported that on June 13, the Board granted the request of James Leslie Dugger and Melvie Harkleroad Dugger for a driveway easement 12 feet 454 July 25, 2000 wide and 50 feet long on County Tank and Well Lot No.3. The Duggers provided a 1986 survey depicting the location of the requested easement. A new survey has been provided which more accurately reflects the location of their paved driveway and they are now requesting an easement 16.5 feet wide and 50 feet long. The County has been asked to prepare a new deed of easement to incorporate the new survey in order to meet multiple real estate closings on July 28, and this matter is being brought to the Board as an emergency, waiving the second reading of this ordinance. There was discussion on whether the Duggers should pay the costs incurred to handle this transaction two times. Supervisor Church moved to approve first reading and waive second reading. The motion was amended by Supervisor Nickens that the County will receive due value associated with the costs incurred to handle this transaction twice. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Church, Nickens, McNamara Supervisor Johnson ORDINANCE 072500-5 RESCINDING ORDINANCE 061300-8 AUTHORIZING THE GRANT OF AN EASEMENT TO JAMES LESLIE DUGGER AND MELVIE HARKLEROAD DUGGER, AND AUTHORIZING THE VACATION OF SAID EASEMENT, AND AUTHORIZING THE GRANT OF A NEW EASEMENT TO THE DUGGERS, AND PROVIDING FOR AN EMERGENCY WHEREAS, by Ordinance 061300-8 the Board of Supervisors granted a driveway easement to James Leslie Dugger and Melvie Harkleroad Dugger for a driveway easement 12' wide and 50' long for use as a driveway as shown on a plat prepared by Balzer & Associates, Inc. dated June 26, 1986, across County Tank & Well Lot No.3 (Tax Map No. 54.04-6-41); and WHEREAS, the Duggers are in the process of selling their property and a question has been raised as to the exact location of the driveway easement granted by the Board of Supervisors. A new survey provided by the Duggers and prepared by Balzer & Associates, Inc. dated June 29, 2000, revised July 21, 2000, more accurately reflects the location of their paved driveway and the easement required as 16.5 feet wide and 50 feet long; and WHEREAS, the new location is different from the location granted by the Board of Supervisors in Deed Book 1662 at page 668; and July 25, 2000 455 WHEREAS, in order to correct the grant of this easement, the driveway easement granted by deed of record in Deed Book 1662 at page 668 must be vacated and a new easement granted; and WHEREAS. in order to accommodate a real estate closing scheduled for the Duggers this matter is being brought to the Board as an emergency, waiving the second reading of this ordinance; and NOW, THEREFORE, be it ordained by the Board of Supervisors as follows: 1. That Ordinance 061300-8 authorizing the granting of an easement to James Leslie Dugger and Melvie Harkleroad Dugger in connection with their use of a portion of County Tank Lot No.3 located at 5417 Scout Circle (Route 1240) in Cherokee Hills be, and hereby is, rescinded; and that the deed of easement granting said driveway easement as recorded at Deed Book 1662 page 668 be vacated; and 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the new subject easement (16.5 feet wide by 50 feet long) does not conflict with other public uses and is hereby declared to be surplus; and 3. That conveyance to James Leslie Dugger and Melvie Harkleroad Dugger of a driveway easement 16.5 feet wide and 50 feet long upon, over, and across a portion of County Tank & Well Lot No.3 located at 5417 Scout Circle as shown on a "Physical Improvement Survey for Jimmie Roger Cooper and Carol Lou Cooper, 5409 Scout Circle, Lot 2, Block 9, Section 1, Cherokee Hills, Roanoke County, Virginia, dated June 29, 2000, revised July 21, 2000" by Balzer & Associates, Inc. (attached) is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the vacation of the easement granted in Deed Book 1662 at page 668 and the granting of a new easement, all of which shall be form approved by the County Attorney. On motion of Supervisor Church to approve the first reading and waive the second reading and amended by Supervisor Nickens that the County will receive due value associated with the costs incurred to handle this transaction twice, and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Church, Nickens, McNamara NAYS: Supervisor Johnson INRE: SECOND READING OF ORDINANCES L. Second readina of ordinance authorizina creation of and financina for a Local Public Works ImDrovement Proiect - South Drive Water Prolect. (Gary Robertson. Utility Director) 0-072500-6 There was no discussion and no citizens present to speak. Supervisor Johnson moved to adopt the ordinance. The motion carried by 456 July 25, 2000 the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 072500-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, SOUTH DRIVE WATER LINE EXTENSION PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the South Drive community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on July 11, 2000, and the second reading was held July 25, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the South Drive community. The total construction cost of this public $ water oroiect is estimated to be 30,000, to be initiallv financed as follows: Citizen Participation (3 at $5,100 each) $15,300 Advance from the Public Works $14,700 Participation Fund TOTAL $30,000 That there is hereby appropriated for this project the sum of $14,700 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "South Drive Water Extension Project" prepared by the Roanoke County Utility Department, dated July 11, 2000. The South Drive Water Extension Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $5,100 ($3,755 toward construction costs plus, plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before October 25, 2000, of their portion of the cost of extending the public water system to their July 25, 2000 457 - properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be requjred by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the October 25, 2000 deadline (other than new property owners) shall pay a minimum of $7,196 ($3,755 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $2,690). 4. That the payment by citizens in the project service area, in excess of the three (3) anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ~ Second reading of ordinance authorizina creation of and financina for a Local Public Works ImDrovement Project - Chesterfield Court Sewer Project. Director) {Garv Robertson. Utilitv 0-072500-7 There was no discussion and no citizens present to speak. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara 458 July 25, 2000 NAYS: None ORDINANCE 072500-7 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, CHESTERFIELD COURT SEWER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Chesterfield Court community; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on July 11, 2000, and the second reading was held July 25, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sewer extension for the Chesterfield Court community. The total construction cost of this public sewer ro'ect is estimated to be $130,000, to be initiall financed as follows: Citizen Participation (17 at $4,050 each) $68,850 Advance from the Public Works $61,150 Participation Fund $130,000 at t ere IS ere y appropriate or this project t e sum 0 1, rom the Sewer Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Public Works Participation Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Chesterfield Court Sewer Project" prepared by the Roanoke County Utility Department, dated July 5. 2000. The Chesterfield Court Sewer Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public sewer extension to this service area by paying at a minimum the sum of $4,800 ($4,050 toward construction costs plus, plus $750 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before October 25, 2000, of their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. TOTAL July 25, 2000 459 (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the October 25, 2000 deadline (other than new property owners) shall pay a minimum of $6,360 ($4,050 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time (currently $1,500), 4. That the payment by citizens in the project service area, in excess of the seventeen (17) anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: APPOINTMENTS L. Hiahwav and TransDortation Safetv Commission Supervisor McNamara asked Clerk Mary Allen to contact Hank Gregory and add his appointment to August 8, 2000 consent agenda if he agrees to serve. ~ Social Services Advisorv Board Supervisor McNamara asked Clerk Mary Allen to contact Ray Denny and add his appointment to August 8, 2000 consent agenda if he agrees to serve, IN RE: R-072500-8 CONSENT AGENDA 460 July 25, 2000 =, Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 072500-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM. J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 11, 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 3, inclusive, as follows: 1. Approval of minutes for May 26, 2000, June 5, 2000, June 13, 2000. Request to appropriate $10,000 contribution from Board Contingency Fund to the D-Day Memorial. Request to accept and appropriate monies from the Virginia Juvenile Community Crime Control Act and to adopt the resolution prioritizing the expenditure of the grant proceeds. 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 resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. 3. IN RE: REQUESTS FOR WORK SESSIONS L. Reauest for joint work session with the Plannina Commission on Auaust 8. 2000. to discuss recommended revisions to the land use maD and desian guidelines for the Colonial Avenue Corridor. The work session was scheduled for August 8,2000. Supervisor Minnix advised that he met with a groups of residents from Colonial Avenue and will meet July 25, 2000 461 Saturday with Delegate Woodrum and Senator Edwards on VDOT plans for Colonial Avenue. Supervisor Johnson asked that information on the work session be sent withe the August 8, 2000 agenda packet. Supervisor McNamara asked about the status of the study of parking of recreational vehicles on corner lots. Mr. Hodge advised they will include an update on this issue at the August 8 meeting. INRE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 8. The motion carried by a unanimous voice vote. 1. 2, General Fund Unappropriated Balance Capital Fund Unappropriated Balance 3. 4, Board Contingency Fund Future School Capital Reserve 5. Statement of Treasurer's Accountability per investments and portfolio policy as of June 30, 2000 6, Statement of estimated revenues and expenditures for the period ended May 31, 2000 7, Statement of estimated revenues and expenditures for the period ended June 30, 2000 8. Notice of reimbursement of expenses for the February 29, 2000 Republican Presidential Primary Election. 462 July 25, 2000 Supervisor Nickens asked if the funds would be reimbursed to the Board Contingency Fund. Mr. Hodge responded that the expenses were made during the last budget year and that funds would be appropriated to the General Fund. ~ 10, ReDort of claims activity for the Self-Insurance Program. Accounts Paid - June 2000 Supervisor Nickens asked what happens to the additional 599 Police Department money since the budget has already been approved. Chief Financial Officer Diane Hyatt advised that the money would be listed as a revenue in excess of budget. IN RE: CLOSED MEETING At 4:15 p.m., Supervisor McNamara moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344A (7) consultation with legal counsel and staff concerning probable litigation, Keeling tire dump and Evangel Foursquare Church; and Section 2.1-344A (7) consultation with legal counsel and staff concerning pending litigation, Roanoke County v. Bill Lee. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None INRE: R-072500-9 CERTIFICATION RESOLUTION At 5:47 p.m., Supervisor McNamara advised that the Closed Meeting was held from 4:15 p.m. until 5:47 p.m.. and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: July 25, 2000 463 AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 072500-9 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 McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES L. Second readina of ordinance to obtain a SDecial Use Permit to construct a reliaious assemblv and day care facility. located between the 5400 block of Franklin Road and east of Indian Grave Road. Cave Serino Maaisterial District. UDon the oetition of Eyanael Foursauare Church, (Terrv Harrinaton. Countv Planner) (CONTINUED FROM JUNE 27. 2000) 0-072500-10 Mr. Harrington reported that on June 27, the Board of Supervisors continued the public hearing on this request until July 25 and requested that the staff 464 July 25, 2000 - work with VDOT and the church to ascertain the types of road improvements that would be necessary and desirable to accommodate the additional traffic. VDOT requested and received traffic demand information from the church and used this information to specify a desirable design for an improved Indian Grave Road. VDOT has recommended a design with the following characteristics: (1) a design speed of 30 mph; (2) a maximum horizontal curve of 22 degrees; (3) a maximum vertical grade of 14%; (4) a pavement of 22 feet; and (5) a shoulder width of 4 feet and a 4 foot ditch to the ditch centerline. Mr. Harrington advised that changes to recognize the road improvements and water and sewer extension have been added to the proposed ordinance. Ed Natt, attorney for the petitioner, advised that there have been a number of meetings and negotiations. The church is willing to put in water and sewer lines to the church, and they are willing to add 2 feet on either side of the road up to a 22 foot width which will be done with the church's funds and their crews. Mr. Natt reported that the traffic light is not needed at this time according to VDOT, but when the traffic light is warranted, the church is willing to participate in the cost as long as the other users participate. Supervisor Minnix advised that he feels that additional traffic generated by the church will create a dangerous intersection and that the light and road improvements should be left in the ordinance. He moved to adopt the ordinance as recommended by staff. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Nickens, McNamara Supervisor Church ORDINANCE 072500-10 GRANTING A SPECIAL USE PERMIT TO EVANGEL FOURSQUARE TRUSTEES TO CONSTRUCT A FACILITY FOR RELIGIOUS ASSEMBLY AND A DAY CARE CENTER TO BE July 25, 2000 465 LOCATED ON INDIAN GRAVE ROAD (TAX MAP NO. 98.02-2-16), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Evangel Foursquare Trustees have filed a petition for a special use permit to construct a facility for religious assembly and a day care center to be located on Indian Grave Road (Tax Map No. 98.02-2-16) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000, and continued to July 25, 2000 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 Evangel Foursquare Trustees to construct a facility for religious assembly and a day care center to be located on Indian Grave Road (Tax Map No. 98.02-2-16) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (a) (b) (c) (d) (e) The site shall be developed in substantial conformity with the concept plan prepared by LMW Engineering & Surveying, dated April 28, 2000., with the exception that access to the site may be provided from the lower point of access to Indian Grave Road. If final engineering of the site requires extra grading beyond the immediate area for the church, it shall be necessary for the applicant to reapply for a special use permit. The buildings shall be constructed in substantial conformity with the building elevations prepared by Pierson Engineering & Surveying, dated October 20, 1999. The exterior of the buildings and equipment shall be constructed with non-reflective materials and brown and gray colors to reduce the visibility potential from the Parkway and surrounding views. As the site is graded and/or developed, no trees on the site may be removed except for the trees in the immediate path of the driveway to the site from Indian Grave Road, the area for the storm water management facility, the area for the church facilities, day care facilities and parking, playground area and area for the septic drain fields, as shown on the concept plan prepared by LMW Engineering & Surveying dated April 28, 2000. The church shall undertake all transportation and road improvements alonQ Indian Grave Road between Route 220 and the entrance to the church reqt:Iired as recommended by VDOT and deemed necessary to insure that adequate and safe access to the site is provided. These road improvements shall include a desiQn speed of 30 mph, a 466 July 25, 2000 ¡- [!linimum Ravement width of 22 feet with 4 foot wide shoulders and 4 foot wide drainage ditches to the center of the ditch. The improved road shall have a maximum horizontal curve of 22 degrees and a maximum vertical grade of 14 Rercent. A traffic siqnal shall be installed at the intersection of Route 220 and Indian Grave Road. The church shall be required to extend public water and sewer to the site and the location of these utilities shall generally be located within the riqht-of-wav of Indian Grave Road. The church shall be authorized for cost rerñî6úrsements in accordance with the off-site and oversized utility facilities Rolicy contained in sections 18-168 (D) 3 and 4 , and 22-82 (B) (1) (c) and (d) of the Roanoke County Code. ffl{gJ No access shall be permitted from Franklin Road to the property. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, McNamara NAYS: Supervisor Church ill ~ Second readina of ordinance to obtain a SDecial Use Permit for a Det crematorium. located in the 8800 block of Starliaht Lane. Cave Serino Maaisterial District. UDon the Detition of p, D, Jackson/Donna Mason. (Terrv Harrinaton. County Planner) (CONTINUED TO AUGUST 22. 2000 AT THE REQUEST OF THE PETITIONER.) This item was continued to August 22, 2000 at the request of the petitioner. Chairman McNamara explained that while the public hearing has been continued, there were citizens present to speak, and he would allow them to speak on the issue. Supervisor Johnson advised that he felt it should be the Board's prerogative to continue an issue and that the Board may wish to change the current policy authorizing staff to continue the public hearing. Mr. Mahoney responded that he would July 25, 2000 467 - provide for their review a copy of the resolution that established the policy that a petitioner may request a continuance of a public hearing from the staff. Two citizens spoke in opposition to the crematorium. They were: 1. Mike Weidman. 8858 Starliaht Lane. Roanoke. who was opposed to the request because of increased traffic on Starlight Lane, the possible odor and emissions coming from the crematorium, and the possibility of decreased property values. 2. Martin McGhee. 8810 Starliaht Lane. Roanoke. was opposed because his children were allergic to cats and dogs and he felt the crematorium would decrease his property value. Supervisor Nickens asked that staff bring back information on (1) who regulates pet crematoriums; (2) a report from the appropriate experts on emissions and odor from the crematorium and possible allergic reactions; and (3) any other health issues related to such a facility. ~ Second reading of ordinance to vacate a 12 foot wide Dublic utilitv easement located on Roanoke Countv Tax Parcel #71.14-1-40. 2231 Beavers Lane. in the Vinton Maaisterial District. UDon the Detition of Jeffrev and SteDhanie Jones. (Terrv Harrinaton. Countv Planner) 0-072500-11 Mr. Harrington reported that prior to closing of their property, the petitioners learned that a portion of their home lies within an unused 12 foot x 150 foot Public Utility Easement and they are requesting that the easement be vacated. There was no discussion and no citizens to speak. 468 July 25, 2000 Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 072500-11 TO VACATE A 12' PUBLIC UTILITY EASEMENT ACROSS PROPERTY OF JEFFREY SHANNON JONES AND STEPHANIE LYNNE JONES (TAX MAP NO, 71.14-1-40), BEING THE MAJOR PORTION OF LOT 9 AND THE NORTHERLY 14' OF LOT 10, BLOCK 2, SECTION 1, FOX FIRE, DEDICATED IN PLAT BOOK 9, PAGE 90, (RESUBDIVIDED BY PLAT RECORDED IN DEED BOOK 1137, PAGE 244), LOCATED IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, by plat entitled 'MAP OF SECTION NO.1, FOX FIRE,' dated August 13, 1976, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 90, a number of easements were dedicated to the public, including a twelve-foot (12') public utility easement, designated as "12' P.U.E.", along the boundary line between Lots 9 and 10, Block 2, Section 1; and, WHEREAS, by plat dated December 10, 1979, and recorded in the aforesaid Clerk's Office in Deed Book 1137, page 244, Lots 8, 9 and 10, Block 2, Section 1, Fox Fire, were re-subdivided, with the subject public utility easement being located on the major portion of Lot 9 and the northerly 14' of Lot 10; and, WHEREAS, the Petitioners, Jeffrey Shannon Jones and Stephanie Lynne Jones, are the current owners of the major portion of Lot 9 and the northerly 14' of Lot 10, Block 2, Section 1, Fox Fire, designated on the Roanoke County Land Records as Tax Map No. 71.14-1-40, and a recent survey of said property reflects that the residential dwelling thereon encroaches upon the existing 12' p.u.e.; and, WHEREAS, the Petitioners have requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the 12' public utility easement be vacated; and, WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject public utility easement and there being no public utility company or county facilities located within the subject easement; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on July 11, 2000, and the public hearing and second reading of this ordinance was held on July 25, 2000. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being 12' in width and extending 150' in length, shown cross-hatched on the 'Physical Improvement Survey for Jeffrey Shannon Jones and Stephanie Lynne Jones' dated May 24, 2000, and revised May 30, 2000, attached hereto as Exhibit A, said easement having been dedicated and shown as "12' P.U.E." along the boundary line between Lots 9 and 10, Block 2, on the plat entitled 'MAP OF SECTION NO.1, FOX FIRE,' dated August 13,1976, and recorded in July 25, 2000 469 the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 90, and being further shown on re-subdivision plat dated December 10, 1979, recorded in Deed Book 1137, page 244, in the Vinton Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended). 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication costs, survey costs and recordation of documents, shall be the responsibility of the Petitioners, Jeffrey Shannon Jones and Stephanie Lynne Jones, or their successors or assigns; and, 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None INRE: CITIZENS' COMMENTS AND COMMUNICATIONS (1) Susan Corrigan and Richard White. 4308 Kinas Court Drive. spoke regarding a letter they received concerning the proposed Virginia Gas Pipeline and Virginia Gas Pipeline's right to enter their property and "take" an easement when they already have a 50 foot easement on their property. They felt that the letter was vague and they were told they had no recourse. Mr. Hodge advised that Virginia Gas is regulated by the State Corporation Commission. They requested support from the Board two years ago and the County responded with a letter last year outlining their concerns with the location of the pipeline. Supervisor Minnix suggested contacting the state legislators for their assistance. Supervisor Nickens suggested that staff, the State Corporation Commission, and Virginia Gas Pipeline meet with the Board of Supervisors to discuss these issues. 470 July 25, 2000 The following individuals spoke in support of charging a fee for emergency medical services to pay for additional career fire and rescue personnel: 2, Colin Gee. Chief. Mount Pleasant Fire and Rescue. 3099 Bandv Road. Roanoke 3. Josh Carter. Assistant Fire Chief #5 (Hollins). 7401 Barrens Road. Roanoke 4, Ona Earlv. 3387 Mt, Pleasant. Roanoke 5, Tom Wickline. 5013 Franklin Road. Roanoke. spoke in support of a traffic signal at the intersection of Indian Grave Road and Route 220 that would assist the church, the school buses and the Fire Department, and requested that Roanoke County pay one-half of the cost for the signalization with Four Square Evangel Church paying the other half. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SuDervisor Johnson: (1) He announced that there will be a community meeting on Wednesday, August 9 at 7 p.m. at the Blue Ridge Library to hear a presentation from Wal-Mart. (2) He advised that people are parking their vehicles in the Virginia Department of Transportation's right-of-way and placing "For Sale" signs on them which is a violation. He asked that citizens not place their "for sale" vehicles in the right-of-way or strip malls. SuDervisor Minnix: (1) He expressed regret that he was unable to attend the joint meeting with Salem City Council. (2) He announced that there will be a meeting on August 3 at 7:00 p.m. with a community organization from Colonial Avenue and asked Clerk Mary Allen to reserve a conference room. (3) He explained that he felt July 25, 2000 471 it made no sense for Roanoke City to build fire stations and Roanoke County to build fire stations that are located close to each other, and suggested that the fire chiefs from the four local governments meet to resolve the problem of overlapping fire and rescue stations. SuDervisor Church: He concurred with Supervisor Minnix's comments on fire and rescue stations and suggested a Fire Chiefs' Steering Committee. (2) He also thanked Salem City Council for hosting the joint meeting and announced that there will be another meeting in January, 2001. (3) He advised that he received complaints about the County not funding the Salem-Roanoke Country Food Pantry and explained that according to the United Way funding allocation process that we used this year, the Food Pantry is not registered with the Virginia Department of Agriculture and Consumer Affairs; they did not provide the United Way Committee with a Form 990 tax return for non-profit agencies; and they did not have an audit available for the United Way. If the guidelines had been followed, the Food Pantry might have received funding. (4) He also received complaints about cars for sale and that some of them have no decals or state tags. SuDervisor Nickens: (1) He advised that the County needs to ticket anyone whose vehicle is without proper tags and decals. (2) He reported that after 13 accidents east of the Town of Vinton on Hardy Road and west of the Bedford County line, the citizens requested a traffic study to consider lowering the speed from 45 to 35. VDOT advised that the 85 percentile speed was 48 mph and did not justify lowering the speed. (3) He asked for a report on an accident between Joy Davis and a County refuse truck. Mr. Mahoney responded that he spoke with Ms. Davis and will report to Supervisor Nickens. 472 July 25, 2000 SuDervisor McNamara: (1) He pointed out that both Roanoke County and United Way had problems with the Food Pantry documentation and that was why funding was denied. (2) He announced that the City of Salem and Roanoke County have agreed to joint maintenance of the Hanging Rock Trail. (3) He announced that he and Mr. Hodge met with Roanoke City officials today to work through issues and look at possible joint activities for the Roanoke Valley governments. IN RE: ADJOURNMENT At 8:40 p.m. Chairman McNamara moved to adjourn the meeting. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None Submitted by, ~;;V.~ Mary H. Allen, CMC/AAE Clerk to the Board