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HomeMy WebLinkAbout8/22/2000 - Regular August 22, 2000 493 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 22, 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 August, 2000. IN RE: 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; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator; Jill B. Barr, Community Relations Director INRE: OPENING CEREMONIES Chairman McNamara announced that Deputy Sheriff F. Douglas Sweetenberg died yesterday and expressed condolences to his family. The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 494 August 22, 2000 AGENDA ITEMS Mr. Hodge added an item to the Closed Meeting pursuant to Section 2.1- 344 A (1) to discuss consideration and evaluation of the performance of specific County personnel. Mr. Hodge added a briefing by John Paul Woodley, Virginia Secretary of Natural Resources and David Brickley, Director, Virginia Department of Conservation and Recreation, on the stormwater management facility presentation which was held earlier this day. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1., Proclamation declarina Auaust 25. 2000 as the first annual "Hokie Pride Day" in Roanoke County. Chairman McNamara presented the proclamation to Renny Lynch, President, Roanoke Valley Hokie Club and Rick Harman, Chair, Hokie Day Pride Committee. ~ Recoanition of the Sheriff's Office for accreditation by the American Correctional Association. Mr. O'Donnell advised that he accompanied the Sheriff and staff to San Antonio, Texas last week and the Sheriff's Jail was accredited by the American Correctional Association for the first time. They complied with 38 mandatory standards and 97.3% of the 401 non-mandatory standards. Sheriff Holt advised that this was a three year process and read the certificate that was received for accreditation for the year 2000 through 2003. He expressed appreciation to the Board, members of the County staff, Mr. Hodge, Mr. Chambliss, Mr. O'Donnell, personnel in the Sheriff's Office, August 22, 2000 495 members of the accreditation committee, and inmates for their assistance during this process. He introduced and expressed appreciation to Divisional Commanders, Captain Barry Tayloe, Captain Charles Hart and Lisa Park, accreditation manager, and advised that the late Doug Sweeten berg had been a member of the committee. IN RE: BRIEFING 1., Briefina on 2:00 c.m. Stormwater Manaaement Facilitv Presentation. Chairman McNamara advised that members of the Board and School Board attended a ceremony earlier at the site of the new South County High School for the presentation of a grant for the Regional Stormwater Facility. He advised that John Paul Woodley, Virginia Secretary of Natural Resources and David Brickley, Director, Virginia Department of Conservation and Recreation, also attended the presentation and had been asked to brief the Board. Mr. Hodge advised that the County was presented with a $230,000 check by Secretary Woodley and Director Brickley for a grant for the South County High School Regional Stormwater Facility. This grant provides the opportunity to go beyond a simple detention stormwater pond and mitigate the stormwater problems that have existed in the area for many years, and is being done in partnership with the State and Roanoke County Schools. He expressed appreciation to Delegate Morgan Griffith, who also attended the ceremony, and the Board of Supervisors for their support for the regional facility, and introduced Secretary Woodley and Director Brickley Secretary Woodley advised that he was pleased, on behalf of Governor Gilmore, to present a ceremonial check for $230,000 to the County from the Virginia Quality Water Improvement Fund for the regional facility. This is the kind of project that 496 August 22, 2000 the Water Quality Improvement Fund had in mind when the fund was established by the General Assembly, and will be a demonstration project that will be a model for the state. Director Brickley advised that this was one of the largest grants made by the State and complimented the County staff on their vision for the project and the partnership with the School Board and Administration. He advised that the project which is scheduled to open in October, 2001, will mean a great deal to everyone in the State. The check was presented to County Treasurer Alfred Anderson. Chairman McNamara expressed appreciation to Delegate Griffith, Secretary Woodley, Director Brickley, Dr. Weber and the School Board staff, and advised that this is a concrete example that can result from teamwork. Also, Supervisor Church expressed appreciation to Secretary Woodley, Director Brickley, and asked them to pass on thanks to Governor Gilmore, and thanked the School Board, County and School staffs, and George Simpson. IN RE: BRIEFINGS 1., Recort on the 2000 Commonwealth Games of Virainia and cresentation of claQue to the County of Roanoke. Lamcman. President. Virainia Amateur Scorts. Inc.) {Peter Mr. Lampman thanked the Board for their outstanding support of the Games and distributed a report on the economic impact of the games. He advised that this year 10,322 athletes participated in 43 sports, and over the past eleven years, 90,000 athletes have competed. He advised that the percentage of males/females participating increased from 65% male and 35% female in 1999 to 54% male and 46% female for 2000. He reported that within a 75 miles radius, the total number of attendees was 28,122 and that the total economic impact for the Roanoke Valley of the August 22, 2000 497 2000 Commonwealth Games was just under $8 million. He advised that the Games had live television coverage of the opening ceremonies at the Roanoke Civic Center. He presented a plaque to the County which was accepted by Mr. Hodge, and another plaque to the Parks, Recreation& Tourism Department which was accepted by Director Pete Haislip. Supervisor Johnson asked about the future of the Games and expressed his opinion that with such an economic impact, they should remain in the Roanoke Valley. Mr. Lampman advised that funding for 2001 was cut from $100,000 to $25,000 and there are no funds in the State's budget for 2002, but they are making an effort to involve more of the Valley's corporations and businesses to retain the Games in the future. IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES. CONSENT AGENDA: Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for September 26, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 1., First readina of ordinance to obtain a SDecial Use Permit to allow the exDansion of a fast food restaurant with drive thru. located at 4840 Hollins Road. Hollins Maaisterial District. UDon the Detition of Dayid J. Bell. First readina of ordinance to obtain a SDecial Use Permit to reDlace an existina tower with a new 199 foot broadcastina tower. located at 8241 Honeysuckle Road. Windsor Hills Maaisterial District. UDon the Detition of Paxson Communications. ~ ~ First readina of ordinance to obtain a SDecial Use Permit to construct a church. located at 5530 Catawba Valley Drive. 498 August 22, 2000 ~ Catawba Maaisterial District. UDon the Detition of Grace AssemblY of God. First readina of ordinance to amend Section 30.91.2 fA) 1. of the Roanoke County Zonina Ordinance Dertainina to the Darkina and storaae of recreational vehicles in front yards in residential districts. UDon the Detition of the Roanoke County Plannina Commission. Q. First readina of ordinance to amend the 1998 Roanoke County Community Plan as it Dertains to the future land use maD and Dolicies for the 1.81 Exit 146 Interchanae/Plantation Road area in the Hollins Maaisterial District. UDon the Detition of the Roanoke County Plannina Commission. IN RE: FIRST READING OF ORDINANCES 1., First readina of ordinance authorizina Quitclaim and release of a 15.foot sanitary sewer easement. recorded in Plat Book 16. Paae 41. Edgemont of Vinton. Section 1. within the boundaries of Sunflower Driye. south of the intersection of TuliD Lane and Sunflower Drive. and a 15.foot sanitary sewer easement. and 15.foot water line easement recorded in Plat Book 9. Paae 281. SDrina Grove. Section 7. within the boundaries of Sunflower Drive. north of the intersection of Ivy Lane and Sunflower Drive. beina located in Edaemont of Vinton. Section 2. in the Vinton Maaisterial District. DeveloDment Director) (Arnold Covey. Community Mr. Covey advised that the developers have completed the work on getting the roads ready for State acceptance and that this action is necessary to guarantee that the right of way is free and clear to the Virginia Department of Transportation. He requested that the Board adopt the proposed ordinance to quitclaim the utility easements. There was no discussion. August 22, 2000 499 Supervisor Nickens moved to approve the first reading and set the second reading for September 12, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None IN RE: SECOND READING OF ORDINANCES 1., Second readina of ordinance authorizing the acceDtance of the donation of the Hanaina Rock Battlefield Trail from the Hanaina Rock Battlefield and Railroad Preservation Foundation. (Pete HaisliD. Director of Parks. Recreation and Tourism) 0.082200.1 Mr. Haislip advised that the only changes since the first reading have been to make the descriptions of the parcels of land in the ordinance more specific. Supervisor McNamara advised that this is a cooperative effort between the County and City of Salem, and moved second reading of the ordinance. Supervisor McNamara withdrew his motion for purpose of a motion from Supervisor Church. There was no discussion and no citizens requested to speak on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 082200.1 AUTHORIZING THE ACCEPTANCE OF THE DONATION OF THE HANGING ROCK BATTLEFIELD TRAIL AND PARK AREAS FROM THE HANGING ROCK BATTLEFIELD AND RAILROAD PRESERVATION FOUNDATION 500 August 22, 2000 WHEREAS, the Hanging Rock Battlefield and Railroad Preservation Foundation was created in 1994 to construct and operate the Hanging Rock Battlefield Interpretive Trail and Greenway. The Foundation is composed of citizens and representatives of Roanoke County and the City of Salem. The Foundation coordinated the acquisition of the real estate, designed the trail, secured funding and constructed Phase 1 of this project, which was opened in 1999; and, WHEREAS, the Foundation has requested Roanoke County and the City of Salem to accept the donation of the Trail and park areas to provide more consistent maintenance and operation, and to incorporate this Trail into the trail networks of the local governments in the Roanoke Valley; and, WHEREAS, the acceptance of the donation of the parcels of land constituting the Hanging Rock Park(s) and the portion of the Trail located within Roanoke County is in the public interest; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 8, 2000; the second reading was held on August 22, 2000. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the donation for charitable, educational and recreational purposes, of that portion of the Hanging Rock Battlefield Trail located within Roanoke County and the park areas, including but not limited to "Hanging Rock" and "Buzzard Roost Cliff", by the Hanging Rock Battlefield and Railroad Preservation Foundation (the "Foundation") to the Board of Supervisors of Roanoke County is hereby accepted, approved and authorized, subject to the applicable reservations, restrictions, easements and conditions of record affecting the properties, said properties and easements for the Trail and park areas being more particularly described as follows: a. That certain strip or parcel of land, being the former Norfolk and Western Railway Company's main track right of way as it ran between the City of Salem and Hanging Rock, containing 3.56 acres, more or less, and being shown on Drawing No. RD-96-0042, dated July 2, 1996, last revised September 30, 1996, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1524, page 1891, and being the same property conveyed to the Foundation from Norfolk and Western Railway Company, a Virginia corporation, by deed dated October 11, 1996, of record in the aforesaid Clerk's Office in Deed Book 1524, page 1886. b. That certain tract or parcel of land, containing 6.00 acres, more or less, lying on both the northerly and southerly sides of Route 419 near its intersection with Route 311, designated upon the Roanoke County Land Records as Tax Map No. 36.10-1-16, and being the same property conveyed to the Foundation from Virginia Division, United Daughters of the Confederacy, Incorporated, a Virginia non-stock corporation, by deed dated October 23, 1996, of record in the aforesaid Clerk's Office in Deed Book 1528, page 368. August 22, 2000 501 ~ c. Those certain parcels of land, lying on the northerly side of Virginia State Route 419 (Electric Road), designated as Lot 1 and Lot 2 on the plat of subdivision for the Hanging Rock Battlefield and Railway Preservation Foundation of record in the aforesaid Clerk's Office in Plat Book 21, page 29, designated upon the Roanoke County Land Records as Tax Map No. 36.10-1-9 and Tax Map No. 36.10-1-10.1, respectively, and being the same property conveyed to the Foundation from Margaret Richardson Hinchee Revocable Trust, et als, by deed date June 24, 1998, or record in the aforesaid Clerk's Office in Deed Book 1583, page 705; SUBJECT TO THE FOLLOWING: (i) LESS AND EXCEPT Lot 2 as shown on the above- described plat recorded in Plat Book 21, page 29, designated on the Roanoke County Land Records as Tax Map No. 36.10-1-10.1, conveyed by the Foundation to Fincastle Rifles Camp No. 1326 Sons of Confederate Veterans by deed dated October 25, 1999, of record in the aforesaid Clerk's Office in Deed Book 1654, page 1201. (Ii) That certain permanent sight distance easement dedicated to the public by the Foundation by instrument dated March 11, 1999, and recorded in the aforesaid Clerk's Office in Deed Book 1618, page 459. d. That perpetual RIGHT and EASEMENT for a "NEW PUBLIC ACCESS TRAIL AND GREENWAY" across the parcel of land belonging to the Margaret Richardson Hinchee Revocable Trust, et als, designated upon the Roanoke County Land Records as Tax Map No. 36.10-1-17, extending between the right-of-way for State Route 419 (Electric Road) and the Foundation property (Tax Map No. 36.10-1-16), shown on plat dated January 28, 1998, prepared by Mattern and Craig, Inc., recorded in the aforesaid Clerk's Office in Deed Book 1583, page 1515; and being the same right and easement conveyed to the Foundation from the Margaret Richardson Hinchee Revocable Trust, et als, by deed of easement dated June 24, 1998, recorded and re-recorded in the aforesaid Clerk's Office in Deed Book 1583, page 709, and Deed Book 1585, page 1506, respectively. e. That perpetual RIGHT and EASEMENT, ten feet (10') in width, for a "NEW PUBLIC ACCESS TRAIL AND GREENWAY" across the parcel of land belonging to the Margaret Richardson Hinchee Revocable Trust, et als, designated upon the Roanoke County Land Records as Tax Map No. 36.10-1-15, extending between the right-of-way for State Route 419 (Electric Road) and the Foundation property (Tax Map No. 36.10-1-16) leading to Buzzard's Roost, shown on plat dated June 2, 1998, prepared by Mattern and Craig, Inc., recorded in the aforesaid Clerk's Office in Deed Book 1585, page 1526; and being the same right and easement conveyed to the Foundation from the Margaret Richardson Hinchee Revocable Trust, et als, by deed of easement dated June 24, 1998, recorded and re-recorded in the aforesaid Clerk's Office in Deed Book 1583, 502 August 22, 2000 ¡-- adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None page 718, and Deed Book 1585, page 1517, respectively. 2. That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as may be necessary to accomplish the acceptance and acquisition of these properties and easements on behalf of the County of Roanoke, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its INRE: CONSENT AGENDA R-082200.2: R-082200-2.d: R-082200.2.e Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 082200-1 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 August 22, 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 Item 1 - 9, inclusive, as follows: 1. Approval of minutes for June 27, 2000; July 6, 2000; July 11, 2000; and July 24, 2000. 2. Request from Schools for acceptance of grant for $11,440 for safe school and truancy reduction initiative. 3. Confirmation of appointment to the Building Code Board of Adjustments and Appeals. Acceptance of water and sewer facilities serving Triple Crown Estates, Section 3. 4. August 22, 2000 503 - 5. Request for acceptance of Garman Road into the Virginia Department of Transportation Secondary System. Request for acceptance of Spring Meadow Drive, Spring Meadow Court and a portion of Cynthia Drive into the Virginia Department of Transportation Secondary System. 6. 7. Donation of a waterline easement in Waterford, Section 6, on property of ARS Properties, loC. Request from Schools for acceptance of $111,508 Preschool Initiative Grant for the 2000-01 school year. 8. Donation of a drainage easement on Lots 13, 14, 15, and 16 in Orchard Park Subdivision, revised Section 3. 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 9. RESOLUTION 082200.2.d REQUESTING ACCEPTANCE OF GARMAN ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board that the street meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, WHEREAS, developers of new streets are required to provide a surety that enables recovery of repair costs associated with potential faulty materials or workmanship, this Board warrants that it will reimburse the Virginia Department of Transportation all costs incurred in the repair of faults due to faulty materials or workmanship in the subject street, but not more than $3,750.00, for a period of one year from the date of this resolution. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and 504 August 22, 2000 unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor McNamara None Reauired Supervisors Johnson. Minnix, Church. Nickens. McNamara None None RESOLUTION 082200-2.e REQUESTING ACCEPTANCE OF SPRING MEADOW DRIVE, SPRING MEADOW COURT AND A PORTION OF CYNTHIA DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR- 5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: INRE: Supervisor McNamara None Reauired Supervisors Johnson. Minnix. Church. Nickens. McNamara None None REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: August 22, 2000 505 AYES: NAYS: 1., ~ ~ ~ Q. .[, L. IN RE: Supervisors Johnson, Minnix, Church, Nickens, McNamara None General Fund UnaDDroDriated Balance CaDital Fund UnaDDroDriated Balance Board Contingency Fund Future School CaDital Reserve Statement of Treasurer's Accountabilitv Der investments and Dortfolio Dolicy as of July 31.2000 Accounts Paid - July 2000 Statement of Revenues and EXDenditures for one month Deriod ended July 31. 2000 PRESENTATION BY SCHOOL BOARD CHAIR Chairman McNamara advised that School Board Chair Jerry Canada had asked to speak before the work session. Chairman Canada, together with School Board members Bill Irvin, Marion Roark, and Michael Stovall, thanked the Board for their assistance to the Schools on a yearly basis. He recognized that the Board provided over $51 million towards education and $26.5 million of that was over and above the Standards of Quality requirements, and he described what this amount will fund. INRE: WORK SESSIONS 1., Work Session with Schools to discuss school caDital construction and stormwater manaaement. The work session was held from 3:50 p.m. until 5:08 p.m. At 3:50 p.m. 506 August 22, 2000 Chairman Canada called the School Board to order with Tom Leggette arriving at 4:36 p.m.. Also present was School Superintendent Dr. Weber. Chairman Canada left the meeting at 5:00 p.m. and Vice Chair Stovall at 5:08 p.m., adjourned the School Board adjourned to their regular meeting, August 30, 2000. Presentations about the information contained in Construction Project Update booklets for Glenvar Middle School and South County High School were made by Richard Flora, Executive Assistant for Operations, George Assaid, Construction Projects Coordinator, and Penny Hodge, Finance Director, from the School staff, and Chief Financial Officer Diane Hyatt. The topics discussed were project backgrounds, project summaries, proposed project budgets, important dates, site plans, floor plans, and elevations. Supervisor Nickens asked that he be provided with a copy of the detailed plan for the landscaping for South County High School. Mr. Flora gave a computer demonstration of the Schools' web site which contains up to date information about the two construction projects. Supervisor Johnson and Nickens requested that a press release be made about the web site. George Simpson from Community Development gave an update for the School Board on the Regional Facility. Stormwater ~ Work Session with American Electric Power to discuss Customer Choice Pilot Proaram. The work session was held from 5:11 p.m. until 5:40 p.m. and was presented by Mr. Terry Hall, General Manager, Customer Service, American Electric Power. He distributed booklets with information on AEP's Customer Choice pilot program which has two phases beginning October 1 and continuing through December 31, 2001 and calls for the participation of 22,000 customers. The pilot program will August 22, 2000 507 allow these customers to receive their electricity from a new provider but AEP will continue to deliver the power to homes and businesses. The program is voluntary and customers may be contacted directly by companies interested in competing for their electricity business. The transition to full choice for all customers in Virginia will begin January 1, 2002. INRE: CLOSED MEETING At 3:40 p.m., Supervisor McNamara moved to go into Closed Meeting after the work session pursuant to Code of Virginia Section 2.1-344A (7) pending litigation with Rising Star Camp; Section 2.1-344 A (7) probable litigation concerning Sewage Treatment Plant; and Section 2.1-344 A (5) discussion of economic development prospect; and Section 2.1-344 A (1) to discuss consideration and evaluation of the performance of specific County personnel. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None INRE: R.082200-3 CERTIFICATION RESOLUTION At 7:02 p.m., Supervisor advised that the Closed Meeting was held from 5:45 p.m. until 7:00 p.m., and moved to return to open session and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None RESOLUTION 082200-3 CERTIFYING THE CLOSED MEETING WAS 508 August 22, 2000 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 1., Second readina of ordinance to obtain a SDecial Use Permit for a Det crematorium. located in the 8800 block of Starlight Lane. Cave SDrina Maaisterial District. UDon the Detition of P. D. Jackson/Donna Mason. (Terrv Harrinaton. County Planner) (CONTINUED FROM JULY 25. 2000 AT THE REQUEST OF THE PETITIONER.) 0.082200-4. DENIAL Mr. Harrington advised that this is a request for a special use permit for a pet crematorium. This item was continued from the July 25 public hearing at the request of the petitioner so that a neighborhood meeting could be held on August 16. The petitioner is proposing to transport the animals to the site and transport the ashes back to the owners so that no customers would be on the property. The Planning August 22, 2000 509 Commission held a public hearing on July 5 and a number of citizens spoke expressing concerns regarding air pollution, water pollution, and visual aspects of the proposed use. At the meeting, some of the commissioners agreed that air quality and odor were potential concerns, and the Planning Commission recommended denial of the request. However, the Commission requested that if the Board did approve the permit, they place the following six conditions on the permit: (1) This business and/or facility shall only serve as a pet crematorium for animals. The burial of animals or the operation of a mausoleum on this property shall be prohibited. (2) The Special Use Permit shall be valid for the development of the site and the operation of the pet crematorium with the approval of all required permits by the Department of Environmental Quality. (3) The building shall be constructed in substantial conformance to the building plan identified as Plan 9937 as shown in the April 2000 Best Selling Home Plans publication. (4) The site shall be developed in substantial conformity to the Aspen Grove Pet Mortuary plan prepared by Lumsden Assoc., dated May 19, 2000. (5) Deliveries and pick up of animals will be made by crematorium management and staff only. (6) No storage of animals outside of building. Ms. P. D. Jackson, one of the petitioners, addressed the Board, and gave details about the operation of the project and the proposed Crawford incinerator unit that she plans to use. She addressed the concerns of the citizens as expressed at the public hearing by the Planning Commission and at the community meeting, and advised that Steve Dietrich, Air Permit Manager for the Roanoke Office, State Department of Environmental Quality, attended the community meeting; and stated that there is no smoke or odor if the incinerator unit is operating properly. She advised that she had to apply for the special use permit under the provisions for a pet cemetery which includes crematoriums but she does not intend to have a pet cemetery on the property. She 510 August 22, 2000 described the training for the operator of the incinerator and the various tests and standards that would be required under DEQ. She gave the Board details about the building and the landscaping and advised that the Aspen Grove Bed and Breakfast for Dogs kennel is located on the 27 acre property but not affiliated with the pet crematorium. She gave the Board copies of information about emission test results and questionnaires that she sent to many other pet crematoriums concerning the Crawford equipment. In response to an inquiry, she advised that the burn rate of the unit is 75 pound burn rate per hour with a capacity of 200 pounds. Mr. Dietrich and Mr. Bob Saunders, who is the Compliance Officer for the Roanoke Office, responded to inquiries from the Board members concerning the proposed permit, specifications, and application review process. The following citizens spoke in opposition to the special use permit because of their concerns about possible odor pollution, health, traffic, residential area not proper place for this service, decrease in property values, and capacity and proper operation of the incinerator: (1) Mike Weidman, 8858 Starlight Lane; (2) Rose Peters, 8842 Starlight Lane; (3) Martin McGee, 8810 Starlight Lane; (4) Robert A. House, 7439 Franklin Road; (5) Liz Carroll Stevens, 8732 Oakwood Drive; (6) Grover Sink, 8783 Starlight Lane; (7) Nancy Hall, 8733 Starlight Lane; and (8) Tommie Hall, 8733 Starlight Lane. Supervisor Nickens advised that Mr. McGee presented information that listed the Crawford equipment that Ms. Jackson planned to use had a capacity of 600 pounds instead of 200 pounds, and in response, Ms. Jackson stated that she would agree to proffer to install equipment with a rated capacity not to exceed 75 pounds burn rate per hour. In response to questions from Supervisors Johnson and McNamara about AG-3 zoning and the Aspen Bed and Breakfast for Dogs, Mr. Harrington August 22, 2000 511 explained that a kennel can be placed in the AG-3 zoning by right but to locate a crematorium on AG-3, a special use permit must be requested under the cemetery classification. In response to Supervisor McNamara's inquiry, Ms. Jackson reported that the pet crematorium is located at least two football fields from the Aspen Kennel and could not be located there due to the lack of space and citizen opposition. Supervisor Nickens advised that he felt the petitioner had an outstanding presentation but he did not think a residential neighborhood was a suitable place for the crematorium. Supervisors Church, Minnix, Johnson, and McNamara also agreed that this was the wrong place, and Supervisor Minnix suggested that the staff in the Economic Development Department might help the petitioner find a more suitable place. Supervisor Minnix moved to deny the special use permit. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None DENIAL OF ORDINANCE 082200-4 GRANTING A SPECIAL USE PERMIT TO P. D. MASON and DONNA MASON FOR A PET CREMATORIUM TO BE LOCATED AT THE 8800 BLOCK OF STARLIGHT LANE (TAX MAP NO. 114.00-2-6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, P. D. Mason and Donna Mason have filed a petition for a special use permit for a pet crematorium to be located at the 8800 block of Starlight Lane (Tax Map No. 114.00-2-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 5, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 27, 2000; the second reading and public hearing on this matter was continued from July 25, 2000 to August 22, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Minnix to DENY the SDecial Use Permit, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 512 August 22, 2000 - ~ Second 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. (Terrv Harrinaton. Countv Planner) 0.082200.5 Mr. Harrington advised that this is a request for a special use permit to operate a manufactured home sales lot and that the Planning Commission approved the request with three conditions which he described. Supervisor Johnson advised that there was an old Confederate railway arch on the property and suggested that a condition be added to protect this historical site. Mr. Donald Pritt, petitioner, advised the Board on his plans for landscaping of the site and advised that he would be agreeable to adding this condition. Supervisor Church moved to adopt the ordinance amended by Supervisor Johnson to add a condition to preserve the historical integrity of the railroad arch on the property. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 082200-5 GRANTING A SPECIAL USE PERMIT TO CLAYTON HOMES TO OPERATE A MANUFACTURED HOME SALES LOT TO BE LOCATED AT 2810 PETERS CREEK ROAD (TAX MAP NO. 37.17-1.2), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Clayton Homes has filed a petition for a special use permit to operate a manufactured home sales lot to be located at 2810 Peters Creek Road (Tax Map No. 37.17-1-2) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 1, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 25, 2000; the second reading and public hearing on this matter was held on August 22, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: August 22, 2000 513 1. That the Board finds that the granting of a special use permit to Clayton Homes to operate a manufactured home sales lot to be located at 2810 Peters Creek Road (Tax Map No. 37.17-1-2) in the Catawba Magisterial District is substan- tially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The site shall be developed in general conformity with the Clayton Homes preliminary plan prepared by Lumsden Associates, dated May 16, 2000, with the exception that manufactured homes may be stored on the existing concrete pad located at the upper portion of the site. The use of flags pennants and similar signs shall be prohibited with the proposed use. The off-premises sign on the property, with the wooden posts, currently advertising Saturn, shall be converted to an on-premises sign and meet all of the C-2 sign requirements for the proposed use, or the sign shall be removed from the property completely before a temporary certificate of occupancy is issued. (4) The historical integrity of the 19th Century Valley Railroad arch on the property shall be preserved. Clayton Homes shall preserve the integrity and setting of the arch as part of its site planning and construction on the site. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance amended by Supervisor Johnson to add Condition #4, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None (2) (3) ~ Second readina of ordinance authorizina Quitclaim and release of a drainaae easement recorded in Deed Book 1116. Page 449 and Plat Book 9. Paae 158. and to Quitclaim and release a 20. foot sanitarv sewer easement recorded in Deed Book 1060. Paae 824 within the boundaries of Cynthia Drive and SDrina Meadow Drive of Nottinaham Park and located in Windsor Hills Maaisterial District. (Arnold Covey. Community DeveloDment Director) August 22, 2000 0-082200-6 Mr. Harrington advised that there has been no change since the first reading. There was no discussion and no citizens present to speak on the item. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None ORDINANCE 082200.6 AUTHORIZING QUIT.CLAIM AND RELEASE OF PORTION OF A TEN. FOOT DRAINAGE EASEMENT RECORDED IN DEED BOOK 1116, PAGE 449 AND SHOWN IN PLAT BOOK 9, PAGE 158 AND PLAT BOOK 17, PAGE 124, AND QUIT-CLAIM AND RELEASE OF PORTION OF A 20.FOOT SANITARY SEWER EASEMENT RECORDED IN DEED BOOK 1060, PAGE 824 AND SHOWN IN PLAT BOOK 17, PAGE 124, WITHIN THE BOUNDARIES OF CYNTHIA DRIVE AND SPRING MEADOW DRIVE OF NOTTINGHAM PARK, SITUATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, in order for portions of Cynthia Drive and Spring Meadow Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release to the Commonwealth of Virginia, subject to certain conditions, of all existing easements within the boundaries of Cynthia Drive and Spring Meadow Drive, namely the following: a portion of a 10' drainage easement, recorded in Deed Book 1116, page 449, shown and dedicated as "10' D.E." on plat of 'Section 2, Lakeland Farms, Property of F. & B. Developers, Inc.,' dated March 7,1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 158, and further shown as "10' D.E" on 'Survey of Nottingham Park, Property of Triangle Developers, Inc.,' dated September 1, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 17, page 124; and a portion of a 20' sanitary sewer easement, recorded in Deed Book 1060, page 824, and further shown as "EXIST. S.S.E." on 'Survey of Nottingham Park....,' dated September 1, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 17, page 124; and WHEREAS, it will serve the interests of the public to have Cynthia Drive and Spring Meadow Drive accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on August 8, 2000; and a second August 22, 2000 515 reading was held on August 22, 2000; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Cynthia Drive and Spring Meadow Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of the portion of the 10' drainage easement recorded in Deed Book 1116, page 449 and further shown on the above-described plats recorded in Plat Book 9, page 158, and Plat Book 17 page 124, and the portion of the 20' sanitary sewer easement recorded in Deed Book 1060, page 824 and further shown on the above described plat recorded in Plat Book 17, page 124, within the boundaries of Cynthia Drive and Spring Meadow Drive as shown on Exhibit A, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for any and all private utilities, drainage lines or pipes, and sanitary sewer lines or pipes and any related appurtenances or facilities. c. The facilities located within the 50-foot right-of-way, under the intersection of Cynthia Drive and Spring Meadow Drive, Nottingham Park, shown on Plat Book 9, page 158 and Plat Book 17, page 124, may continue to occupy the street or highway in the existing condition and location. The release would be for so long as the subject section of Cynthia Drive and Spring Meadow Drive is used as part of the public street or highway system. b. 4. That the subject easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS James Garris. 3108 D. Honevwood Lane, advised that the recent litigation by the County against the Rising Star Sports Camp has seriously impaired the camp and its activities. He advised that many residents approve of this facility, that it is 516 August 22, 2000 used extensively by the youth, and he felt that the County should enter into partnerships and plan and budget for County facilities for youth sports or let the camp continue. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS SuDervisor Johnson: (1) He advised that a boat with a trailer for sale was parked at the intersection of Huntridge Saturday beside the stop sign and that previously four cars for sale were parked on the side of the road. He requested that staff come up with some suggestions to stop these actions. (2) He advised that the grass had finally been cut on Williamson Road past Hollins College, and suggested that the County ask the State and General Assembly for more money for Virginia Department of Transportation maintenance. SuDervisor Minnix: (1) He advised that vehicles are also being parked on Penn Forest Boulevard which is now being used as a short cut and that VDOT is looking into possibility of putting up "No Parking" signs. (2) He advised that the Fire & Rescue Training Center dedication is scheduled for September 7 at 10:00 a.m. SuDervisor Church: (1) He advised that a citizen from North Lakes called about the fence to be completed at North Spring Drive; that he is aware of the situation; and County staff has been in touch with Roanoke City about the matter. (2) He thanked Delegate Devolites for visiting last week and touring the Center for Research and Technology and for any assistance that she can provide in getting help from the State. (3) He expressed appreciation to the Glenvar Middle School neighborhood and advised that they supported the project and that he had heard no complaints. (4) He reported on the VDOT Conference that he attended along with Congressman Goodlatte and Delegate Griffith and described several things that are going to be done next Spring that will give Interstate 81 immediate help. August 22, 2000 517 - SuDervisor Nickens: (1) He asked that the Planning staff look at the population demographics as they relates to the school age population so that the County can project and predict where growth is going before revising where the next construction activity is going to take place within the school system. SuDervisor McNamara: He reported on several area of regional cooperation. (1) He advised that the County accepted a $230,000 check today for a joint stormwater project with the State and Schools. (2) He advised that the County accepted ownership of a joint greenway with City of Salem and County. (3) He advised that he attended meetings this morning about shared arrangements and services with Roanoke City. IN RE: CLOSED MEETING At 8:55 p.m., Chairman McNamara advised that the Closed Meeting pursuant to Code of Virginia Section 2.1-344A (5) discussion of economic development prospect; and Section 2.1-344 A (1) to discuss consideration and evaluation of the performance of specific County personnel was being continued with no action anticipated. Mr. Mahoney advised that since this was a continuation, no vote was necessary. IN RE: R-082200.7 CERTIFICATION RESOLUTION At 9:48 p.m., Supervisor McNamara moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, Nickens, McNamara None 518 August 22, 2000 = RESOLUTION 082200-7 CERTIFYING THE CLOSEU Mt:ETh\lð '-.'AS 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: ADJOURNMENT At 9:48 p.m. Chairman McNamara adjourned the meeting. Submitted by, Approved by, ~~;~ renda J. Iton, CMC Deputy Clerk to the Board