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HomeMy WebLinkAbout12/3/2002 - RegularROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 3, 2002 NOTE: The Board of Supervisors and members of the Economic Development Department will be participating in an economic development tour. The tour will depart from the back parking lot of the Roanoke County Administration Building at 11:30 a.m. on December 3, 2002 and will return in time for the Board meeting at 3:00 p.m. Good afternoon and welcome to our meeting for December 3, 2002. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) Roll Call ALL PRESENT AT 3:02 P.M. 2. Invocation: Reverend Ed Woodard Oak Grove Church of the Brethren 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS NONE C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS NONE D. BRIEFINGS NONE E. NEW BUSINESS Request to accept grant in the amount of $10,000 from the Department of Environmental Quality to sponsor a "Low Impact Development" workshop. (George W. Simpson, III, Assistant Director of Community Development) A-120302-1 JBC MOTION TO APPROVE STAFF RECOMMENDATION (ACCEPT THE GRANT AND AUTHORIZE THE EXPENDITURES FOR THE WORKSHOP) URC F. FIRST READING OF ORDINANCES 1. First reading of an ordinance amending Section 12-8 of the Roanoke County Code "Adoption of State Law" to incorporate by reference the authority to enforce certain laws and regulations concerning vehicle safety inspections (Paul Mahoney, County Attorney) HOM MOTION TO APPROVE 1ST READING 2 READING - 12/17/02 URC G. SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) CONTINUED UNTIL JANUARY 28, 2003 AT THE REQUEST OF THE PETITIONER 2. Second reading of an ordinance to vacate a 15' access easement on Lot 8 and release a reservation for water storage tank on a public utility lot, created by Subdivision Plat for Section 8, Falling Creek Estates, in Plat Book 21, Page 20, and combined into new Lot 8A, Plat Book 24, Page 5, Vinton Magisterial District. (Arnold Covey, Director of Community Development) 0-120302-2 MWA MOTION TO ADOPT ORDINANCE URC 2 H. APPOINTMENTS 1. Blue Ridge Behavioral Healthcare JBC NOMINATED MS. RITA GLINIECKI TO SERVE AN ADDITIONAL THREE-YEAR TERM EXPIRING ON DECEMBER 31, 2005. JBC NOMINATED MS. LINDA BANISTER, MEMBER AT LARGE. TO SERVE AN ADDITIONAL THREE-YEAR TERM EXPIRING ON DECEMBER 31, 2005. 2. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) RCF NOMINATED WILMORE T. LEFFELL. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS, TO SERVE AN ADDITIONAL FOUR-YEAR TERM EXPIRING ON DECEMBER 12, 2006. RCF NOMINATED RICHARD L. WILLIAMS. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS. TO SERVE AN ADDITIONAL FOUR-YEAR TERM EXPIRING ON OCTOBER 24, 2006. RCF NOMINATED LARRY W. DEGEN, ALTERNATE, TO SERVE AN ADDITIONAL FOUR-YEAR TERM EXPIRING ON JULY 28, 2006. 3. Disability Services Board 4. Grievance Panel 5. Library Board (Appointed by District) 6. Parks & Recreation Advisory Commission (Appointed by District) 7. Roanoke County Planning Commission (Appointed by District) 8. Roanoke Valley Regional Cable Television Committee JBC NOMINATED MWA TO FILL THE VACANCY ON THIS COMMITTEE WHICH OCCURRED AS A RESULT OF THE RESIGNATION OF DR. HARRY C. NICKENS. THERE IS NO TERM EXPIRATION AND APPOINTMENT TO THIS COMMITTEE WILL AUTOMATICALLY PLACE MWA ON THE ROANOKE COUNTY CABLE TELEVISION COMMITTEE. 9. Roanoke Valley Resource Authority 10. Virginia Western Community College Board 3 JBC NOMINATED JOE THOMAS. SR. TO SERVE AFOUR-YEAR TERM EXPIRING ON JUNE 30, 2006. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-120302-3 JPM MOTION TO ADOPT RESOLUTION URC 1. Approval of minutes -September 24 and November 19, 2002 2. Request to accept and appropriate donation in the amount of $1,518.02 from the FAB 5K Event A-120302-3.a 3. Request for appropriation of Technology Literacy Challenge Grant funds in the amount of $30,000 A-120302-3.b 4. Request for appropriation of Learn and Serve Grant in the amount of $14,000 A-120302-3.c J. REQUESTS FOR WORK SESSIONS MWA REQUESTED A WORK SESSION ON 12/17/02 TO DISCUSS THE RESPONSE FROM WHITT CLEMENT REGARDING I-73. DUE TO SCHEDULING CONFLICTS, IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE THE WORK SESSION FOR 1/14/03. JBC REQUESTED A WORK SESSION TO DISCUSS FIRE 8~ RESCUE SERVICE IN THE CATAWBA DISTRICT. IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE THE WORK SESSION FOR 1/14/03. K. REQUESTS FOR PUBLIC HEARINGS NONE 4 L. CITIZENS' COMMENTS AND COMMUNICATIONS NONE M. REPORTS HOM MOTION TO RECEIVE AND FILE THE FOLLOWING REPORTS URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Treasurer's accountability per investment and portfolio policy as of October 31, 2002 6. Report of sale of water to the City of Roanoke 7. Report from VDOT of changes to the Secondary Road System in October 2002 N. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He reported that he was unable to leave town as previously announced. (2) He remarked that he saw one citizen assisting another this morning as he was out walking, and commented on how proud he is of the area in which we live. Supervisor Altizer: (1) He attended the Youth in Virginia Speaking Out event for which William Byrd High School is a sponsor. He stated that it was good to see our youth expressing their views about seat belt safety and issues such as not drinking and driving. Supervisor Church: (1) He requested that Gary Robertson, Utility Director, look into a water connection issue for Mr. John Welford on Paint Bank Road. (2) He requested that Arnold Covey, Director of Community Development, follow up regarding a citizen inquiry from Mr. John Huffman on Red Lane Extension. (3) He congratulated the Glenvar and Northside girls basketball teams which are both in the State semi-finals this Friday at the Salem Civic Center. 5 O. CLOSED MEETING pursuant to Code of Virginia Section 2.2-3711 A NONE P. WORK SESSION (4th Floor Conference Room) Work session with Fire and Rescue Department to discuss building improvements and plans for future renovations. (Richard E. Burch, Chief - Fire & Rescue; Dan O'Donnell, Assistant County Administrator) TIME: 3:55 P.M. UNTIL 4:35 P.M. PRESENTED BY: RICK BURCH, FIRE & RESCUE CHIEF; DAN O'DONNELL, ASSISTANT COUNTY ADMINISTRATOR; AND ADAM FLEMING, VOLUNTEER FIRE & RESCUE CHIEF CHIEF BURCH REVIEWED RENOVATIONS AND ADDITIONS THAT HAD TAKEN PLACE AT THE FOLLOWING STATIONS: CLEARBROOK, MOUNT PLEASANT, AND MASONS COVE. HE DISCUSSED PROPOSED PLANS FOR ATWO-BAY ADDITION AND PARKING LOT IMPROVEMENTS AT THE READ MOUNTAIN STATION. FUNDING OF THE IMPROVEMENTS WILL BE SPLIT 60/40 BETWEEN BOTETOURT (60%) AND ROANOKE COUNTY (40%). BOTETOURT'S SHARE OF THE COSTS IS BEING FUNDED BY A DONATION FROM THE VOLUNTEERS TOTALING APPROXIMATELY $232,000. ROANOKE COUNTY'S SHARE TOTALS APPROXIMATELY $175.000. BOTETOURT COUNTY IS WILLING TO FUND A LARGER THAN 60% SHARE OF THE COST OF ROLLING STOCK (AMBULANCES, ETC.) IN THE FUTURE TO OFFSET THE COST OF THE BUILDING IMPROVEMENTS. IT WAS THE CONSENSUS OF THE BOARD TO PROCEED WITH THIS PROJECT. STAFF WILL BRING THE MATTER BACK TO THE BOARD FOR APPROVAL OF AN AGREEMENT WITH BOTETOURT COUNTY SINCE BOTETOURT OWNS THE LAND AND ROANOKE COUNTY OWNS THE BUILDING AT THE READ MOUNTAIN STATION. THE BOARD ALSO INDICATED THE NEED TO ENGAGE IN DISCUSSIONS WITH BOTETOURT COUNTY TO ENCOURAGE THEIR PARTICIPATION IN THE FUNDING OF THE PROJECT. Q. CERTIFICATION RESOLUTION NONE R. ADJOURNMENT JBC ADJOURNED MEETING AT 4:35 P.M. 0~ ROAN ~F ti p G7 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 3, 2002 ~~~~~ NOTE: The Board of Supervisors and members of the Economic Development Department will be participating in an economic development tour. The tour will depart from the back parking lot of the Roanoke County Administration Building at 11:30 a.m. on December 3, 2002 and will return in time for the Board meeting at 3:00 p.m. Good afternoon and welcome to our meeting for December 3, 2002. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Ed Woodard Oak Grove Church of the Brethren 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Request to accept grant in the amount of $10,000 from the Department of Environmental Quality to sponsor a "Low Impact Development" workshop. (George W. Simpson, III, Assistant Director of Community Development) ® Recycled Paper F. G. H. FIRST READING OF ORDINANCES First reading of an ordinance amending Section 12-8 of the Roanoke County Code "Adoption of State Law" to incorporate by reference the authority to enforce certain laws and regulations concerning vehicle safety inspections (Paul Mahoney, County Attorney) SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) CONTINUED UNTIL JANUARY 28. 2003 AT THE REQUEST OF THE PETITIONER 2. Second reading of an ordinance to vacate a 15' access easement on Lot 8 and release a reservation for water storage tank on a public utility lot, created by Subdivision Plat for Section 8, Falling Creek Estates, in Plat Book 21, Page 20, and combined into new Lot 8A, Plat Book 24, Page 5, Vinton Magisterial District. (Arnold Covey, Director of Community Development) APPOINTMENTS 1. Blue Ridge Behavioral Healthcare 2. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 3. Disability Services Board 4. Grievance Panel 5. Library Board (Appointed by District) 6. Parks & Recreation Advisory Commission (Appointed by District) 7. Roanoke County Planning Commission (Appointed by District) 8. Roanoke Valley Regional Cable Television Committee 9. Roanoke Valley Resource Authority 10. Virginia Western Community College Board 2 CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -September 24 and November 19, 2002 2. Request to accept and appropriate donation in the amount of $1,518.02 from the FAB 5K Event 3. Request for appropriation of Technology Literacy Challenge Grant funds in the amount of $30,000 4. Request for appropriation of Learn and Serve Grant in the amount of $14,000 J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Treasurer's accountability per investment and portfolio policy as of October 31, 2002 6. Report of sale of water to the City of Roanoke 7. Report from VDOT of changes to the Secondary Road System in October 2002 N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. CLOSED MEETING pursuant to Code of Virginia Section 2.2-3711 A 3 P. WORK SESSION (4th Floor Conference Room) Work session with Fire and Rescue Department to discuss building improvements and plans for future renovations. (Richard E. Burch, Chief - Fire & Rescue; Dan O'Donnell, Assistant County Administrator) Q. CERTIFICATION RESOLUTION R. ADJOURNMENT 4 ~. A-120302-1 ACTION NO. ITEM NO. ~'` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 3, 2002 Request to accept a grant in Department of Environmental Development" Workshop. the amount of $10,000 from the Quality to sponsor a "Low Impact George W. Simpson, III, P.E. Assistant Director of Community Development Elmer C. Hodge ~'~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In February of last year, the Department of Community Development submitted a grant request on behalf of Project Impact for the purpose of conducting a "Low Impact Development" workshop in the Roanoke Valley. The purpose of the workshop is to show that low impact development strategies, in combination with traditional stormwater management techniques, can benefit stormwater quality, reduce the effects of flooding, and enhance groundwater recharge. FISCAL IMPACT: The $10,000 grant from DEQ does not require any expenditure of County funds. ALTERNATIVES: Alternative 1: Accept the grant and authorize the expenditures for the workshop. Alternative 2: Decline the grant and pursue other funding sources. STAFF RECOMMENDATION: Staff recommends alternative 1. . '• VOTE: Supervisor Church motion to approve staff recommendation. Motion Approved. Yes No Abs Mr. Flora ® ^ ^ Mr. McNamara ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. Church ® ^ ^ cc: File George W. Simpson, III, Assistant Director, Community Development Diane Hyatt, Chief Financial Officer ACTION NO. ITEM NO. t- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 3, 2002 AGENDA ITEM: Ordinance amending Section 12-8 of the Roanoke County Code "Adoption of State Law" to incorporate by reference the authority to enforce certain laws and regulations concerning vehicle safety inspections SUBMITTED BY: Paul M. Mahoney, County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~~ SUMMARY OF INFORMATION: In 1999 The General Assembly amended Section 46.2-1001 of the State Code to allow law enforcement officers of Roanoke County to perform motor vehicle safety inspections. Roanoke County requested this authority as a result of numerous citizen complaints about and concern for the safety of commercial vehicles traveling through portions of the County. Unsafe tractor-trailers and other large trucks were threatening the safety of County citizens. Many of these vehicles were using primary highways in the County to avoid State Police inspections on the interstate highway. The State Police has published regulations concerning enforcement of these provisions for commercial motor vehicles, and has incorporated certain provisions of the Code of Federal Regulations under Sec. 52-8.4:2. These offenses are identified as traffic infractions. County law enforcement officers have been certified to enforce these laws, regulations and provisions after completing the course of instruction for federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. Since the County has begun commercial motor vehicle safety inspections, the traffic unit has issued 223 summons' and 150 of these have been violations of commercial federal regulations. Approximately 50 commercial vehicles have been taken out of service due to safety violations. ~- i Sec. 12-8 of the County Code incorporates by reference the provisions of Title 46.2 (Motor Vehicle laws of the Commonwealth). This allows County police offices to issue traffic infraction summonses under the County Code, instead of the State Code. Fines imposed on a summons issued under the County Code are paid to the County. Fines imposed on a summons issued under the State Code are paid to the Commonwealth. Judge Harris in the General District Court has questioned the legal authority to issue summonses for these violations under Sec. 12-8 of the County Code. This amendment attempts to address these questions by specifically referencing Sections 52-8.4 and 52- 8.4:2 in Sec. 12-8. The Commonwealth's Attorney has reviewed and approved this draft ordinance. The first reading of this ordinance is scheduled for December 3, 2002; the second reading is scheduled for December 17, 2002. ALTERNATIVES: 1. Approve and adopt this ordinance at first reading. Upon final adoption County police officers can continue to issue summonses for violations of commercial vehicle safety laws and regulations, and the fines will be paid to the County. 2. Refuse to adopt this ordinance. Summonses will be issued under State Code. Fines will be paid to the Commonwealth. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance at first reading. ~I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 3, 2002 ORDINANCE AMENDING SECTION 12-8 OF THE ROANOKE COUNTY CODE "ADOPTION OF STATE LAW" TO INCORPORATE BY REFERENCE THE AUTHORITY TO ENFORCE CERTAIN LAWS AND REGULATIONS CONCERNING VEHICLE SAFETY INSPECTIONS WHEREAS, Section 46.2-1001 authorizes law enforcement officers of certain designated counties and cities to perform vehicle safety inspections as prescribed by the state police and by the regulations promulgated by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety; and WHEREAS, Section 52-8.4 authorizes the superintendent of state police to promulgate regulations pertaining to commercial motor vehicle safety, and the state police together with all other law enforcement officers certified to perform vehicle safety inspections as defined by Section 46.2-1001 shall enforce these regulations and other requirements of the Federal Motor Carrier Safety Regulations, safety inspection procedures, and out-of-service criteria; and WHEREAS, Section 52-8.4:2 provides that any violation of said regulations shall constitute traffic infractions and be subject to the pre-trial waiver of appearance, plea of guilty, and fine payment as provided therein; and WHEREAS, Section 46.2-1313 authorizes local governments to adopt ordinances which incorporate these provisions into such ordinances by reference; and WHEREAS, the public health, safety, and welfare of the citizens of Roanoke County shall be served by authorizing its law enforcement officers who have been certified to perform vehicle safety inspections to perform said inspections and to charge ~~ any violators under the provisions of the Roanoke County Code; and WHEREAS, the first reading of this ordinance was held on December 3, 2003; and the second reading was held on December 17, 2003. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8 of the Roanoke County Code be amended and reenacted as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of section 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in title 46.2, in section 52-8.4 and 52-8.4:2, in article 9 (section 16.1-278 et seq.) of chapter 11 of title 16.1, and in article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the county. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective ~~` after the effective date of this ordinance provided such state law has been adopted by the General Assembly and as signed by the Governor, and provided further that such amendment to this code shall become effective on the same date as the effective date of the state law. 2. That this ordinance shall be effective from and after the date of its adoption. ,- r G-I ROANOKE COUNTY ATTORNEY'S OFFICE MEMORANDUM TO: Board of Supervisors ~- 1`O FROM. Paul M. Mahoney, County Attorney ~1 DATE: November 27, 2002 SUBJECT: Cotton Hill Land Company Rezoning Last week the Clerk and I discussed with you the request from Cotton Hill Land Company to reschedule the public hearing on its rezoning application before the Board of Supervisors from December 17, 2002 to January 28, 2003. By e-mail, I advised you that the applicant's attorney would be unavailable on December 17 and that the site plans would not be completed by that date. Attached you will find a copy of a letter from Mr. Natt, counsel for the applicant, dated November 25, 2002, in which he requests that this public hearing be scheduled for February 25, 2003 . It was the consensus of the Board to schedule this matter for January 28, 2003. Staff has amended the Board's calendar accordingly and will work with the applicant to notify citizens interested in this application of the new public hearing date. Please contact me as soon as possible if you do not want to schedule this public hearing for January 28, 2003. cc: Elmer C. Hodge, County Administrator Diane S. Childers, Clerk to the Board of Supervisors Janet Scheid, County Planner Edward A. Natt, Esquire NbW-25-2002 02 46 OSTERHOUDT PRILLAMAN NATT i .- . 540 772 0126 P.02 V' - I I.Aw 07?PIC73s OSTEItHC)iI37T, PRILLAMAN, NATT, HLLSCHER, YUS1, M~XWFT.L ~C 1' 7~RCi1USON, PT.Ci Edward A. Natt Please reply to' P. O. Box 20487 Roanoke. VA 24018 pirect: {540) 725-8180 E-malls snatt(~opnlaw.com VIA FACSIMILE: 772-2193 Ghairman and Members Board of Supervisors County of Roanoke ATTN: DIANE CHILDERS P. O. Box 29800 Roanoke, VA 24018 .i>•)1L' F.L8GT12ICi I.~OAn, S.W. KUAI1 Ul{l:. vY[i(:7\ IA i3~~()18 • ()O•'bi) November 25, 2002 Re: Cotton Hill Land Company Rezoning Ladies and Gentlemen: tiA7.7:M. V71t(ilYIA ~'~1•lR%.i 1'`.O. )lox 27)i )na N. GOT.O]7A DA 1'C fi ]Cl(9: Rnx (s •bcrl :It)n-psap It is my understanding that the Board of Supervisors directed that the above ma#ter be set for public hearing before the Board on December 17~'. Please be advised that the Petitioner would request aone-month extension for two reasons: 1. I will be unavailable to make a presentation on December 17t", as I will be in Richmond at a bond closing. 2. As set out in earlier correspondence from the Petitioner, the plans and development proposal are being revised for consideration by the Board. Our schedule indicates that we will not have enough time to have the plans completed, reviewed and revised prior to the December 9 7th date. Based upon the above, we would respectfully request that the mat#er be continued until the February meeting of the Board of Supervisors, which date is February 25t~'. Thanking you in advance for your cooperation in this matter, 1 am NOV-25-2002 02 46 OSTERHOUDT PRILLAMAN NATT 540 772 0126 Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, F~ELSCHER, YOST, MAXWELL 8~ FERGUSON, P.L.C. C~~~~ {~ Edward A. Natt FrANicsb pc: Janet Scheid, Chief Planner Mr. David Holladay Mr. Steve Strauss VIA FACSIMILE: 772-2108 VIA FACSIMILE: 772-2108 VIA FACSIMILE: 989-7062 P.03 ~~, TOTAL P.03 ~; AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 3, 2002 ORDINANCE 120302-2 TO VACATE A 15' ACCESS EASEMENT ON LOT 8, AND TO RELEASE A RESERVATION FOR WATER STORAGE TANK ON A PUBLIC UTILITY LOT, CREATED BY SUBDIVISION PLAT FOR SECTION 8, FALLING CREEK ESTATES, IN PLAT BOOK 21, PAGE 20, AND COMBINED INTO NEW LOT 8A (TAX MAP NO. 51-03- 2-9) IN PLAT BOOK 24, PAGE 5, IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, Falling Creek Development, L.C. (the Developer) created Lot 8 and an adjoining "Public Utility Lot Reserved for Water Storage Tank"; and, WHEREAS, a "15' Access Easement" was dedicated across Lot 8 for access to the public utility lot; and, WHEREAS, the water tank lot has been relocated to Lots 17 and 18, and the "Public Utility Lot" has been combined with Lot 8 to create New Lot 8A (Tax Map #51.03-2-9), by plat recorded in Plat Book 24, page 5; and, WHEREAS, Petitioner/Developer has requested that the 15' access easement be vacated and that the reservation of the public utility lot for water storage tank be released, to the extent that such reservation constitutes a restriction upon the property; and, WHEREAS, the public utility lot and the 15' access easement are no longer required and staff has no objection to the Petitioner's request; and, WHEREAS, '15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, 1 WHEREAS, notice has been given as required by '15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on November 5, 2002; the public hearing was held on November 19, 2002; and second reading of this ordinance was held on December 3, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing "15' Access Easement" and the "Public Utility Lot Reserved for Water Storage Tank", as shown and created on the subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, and further shown on Exhibit A attached hereto, be, and hereby are, vacated and released pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Falling Creek Development, L.C. 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). 2 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: 111 ~ • ~~~/~ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 METES AND BOUNDS DESCRIPTION. SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. '~ ~ o',E o° 00 2~, 61' A- X 6 ~3 • ~~~ ~ ~~~ LQ7 ~ ~?,~T~R iCF'~~ ~' 7,~Nl~ RESTRICTION TO BE RELEASED ~ 0 L~~~ Vii C ~F T~.. 0 ~~ -~ o c,; o ~ :-~ cn rn -~ ~, ~ ~ -~ ~' `~ V o ~ -~-- °_ °''f~ ~ NBW ~. LOT ~ L0~ A 1.9.g_4 Ac.~~ LET ~~~ ~~;.~~ TAD ,,~~; ~ 15' ACCESS EASEMENT ~ B 2 ~ ~'• ,~',,r`~ ~`~~~ TO BE VACATED t ~`. ~ =1 '~ ` ° TAX MAP NO TAX# 51.03-02-09.00 ~ S85'04'16"V/" 125. DO' TODDSBUR Y DR1 VE (50' R/W) SCALE: LOT 9 20' P.U.E. ~, 7'" = 100' MAP SHOWING I/ACA TION OF 15' ACCESS EASEMENT AND RELEASE DF RESERV,4 TION OF PUBLIC UT/L/TY LOT EXHIBIT z~ FOR WA TER STORAGE TANK PREPARED BY.• RDANOKE COUNTY ENGINEERING DEPARTMENT DATE: 1030/02 G.•/CAD/EPPERLEY/FALL_ CREEK_ TANK. DWG ACTION NO. ITEM NO. ~ -oi AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 3, 2002 AGENDA ITEM: Second Reading of an Ordinance to Vacate a 15' Access Easement on Lot 8, and Release a Reservation for Water Storage Tank on a Public Utility Lot, Created by Subdivision Plat for Section 8, Falling Creek Estates, in Plat Book 21, Page 20, and Combined into New Lot 8A (Tax Map No. 51.03-2-9) in Plat Book 24, Page 5, in the Vinton Magisterial District. SUBMITTED BY: Arnold Covey, Director Department of Community Development APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: By subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, Falling Creek Development, L.C. (the Developer) created Lot 8 and an adjoining "Public Utility Lot Reserved for Water Storage Tank". A "15' Access Easement" was dedicated across Lot 8 for access to the tank lot. In June 2000, the developer relocated the water tank lot and access easement to Lots 17 and 18. By combination plat recorded in Plat Book 24, page 5, Lot 8 and the Public Utility Lot were combined to create New Lot 8A, currently identified on the Roanoke County Land Records as Tax Map #51.03-2-9. The 15' access easement remains across the front portion of New Lot 8A. Falling Creek Development, L.C., is in the process of selling New Lot 8A to a contract purchaser, who has requested that the referenced encumbrances be removed from the property. The owner/developer is therefore petitioning for vacation of the 15' access easement as shown on Exhibit A attached hereto, and for release of the `public utility lot' restriction to the extent that any exists. ~~~ Staff has no objection to the proposed vacation and release. FISCAL IMPACT: All costs associated with this vacation and release will be the responsibility of the Petitioner. STAFF RECOMMENDATION: First reading of the attached Ordinance was held on November 5, 2002. The public hearing was held on November 19, 2002, but action was deferred until certain related title questions could be addressed. The outstanding issues have been resolved, therefore County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate the 15' access easement and release the public utility lot reservation on New Lot 8A. G-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 3, 2002 ORDINANCE TO VACATE A 15' ACCESS EASEMENT ON LOT 8, AND TO RELEASE A RESERVATION FOR WATER STORAGE TANK ON A PUBLIC UTILITY LOT, CREATED BY SUBDIVISION PLAT FOR SECTION 8, FALLING CREEK ESTATES, IN PLAT BOOK 21, PAGE 20, AND COMBINED INTO NEW LOT 8A (TAX MAP NO. 51-03-2-9) IN PLAT BOOK 24, PAGE 5, IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, by subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, Falling Creek Development, L.C. (the Developer) created Lot 8 and an adjoining "Public Utility Lot Reserved for Water Storage Tank"; and, WHEREAS, a "15' Access Easement" was dedicated across Lot 8 for access to the public utility lot; and, WHEREAS, the water tank lot has been relocated to Lots 17 and 18, and the "Public Utility Lot" has been combined with Lot 8 to create New Lot 8A (Tax Map #51.03-2-9), by plat recorded in Plat Book 24, page 5; and, WHEREAS, Petitioner/Developer has requested that the 15' access easement be vacated and that the reservation of the public utility lot for water storage tank be released, to the extent that such reservation constitutes a restriction upon the property; and, WHEREAS, the public utility lot and the 15' access easement are no longer required and staff has no objection to the Petitioner's request; and, WHEREAS, '15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, 1 ~-~ WHEREAS, notice has been given as required by '15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on November 5, 2002; the public hearing was held on November 19, 2002; and second reading of this ordinance was held on December 3, 2002. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing "15' Access Easement" and the "Public Utility Lot Reserved for Water Storage Tank", as shown and created on the subdivision plat for Section 8, Falling Creek Estates, recorded in Plat Book 21, page 20, and further shown on Exhibit A attached hereto, be, and hereby are, vacated and released pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions specified in this ordinance. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner, Falling Creek Development, L.C. 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). 2 METES AND BOUNDS DESCRIPTION. SHOA'N ON THIS PLAT REPRESENT A COMPOSITE OF OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. /'`~ '" ~ 0 ~ '' ~ ~~ p . , w 1. 36 21 X6 ~ Plr.~3tJc:. UTf~.~ i 1' ' O ~?4~ ~ LOT ~0~ 'A 4~A 1~~ ~'Tf7~~ ~~ v TANS RESTRICTION TO BE RELEASED Lf~ i r tPt+`~" V /~1 L:°F T~~? l -{~ z ~`` t ~ ~1 , v ~ ,t~ U' LOT 9 O }~ --- "_ '- ~ f° f LoT ~ ~ NEW ~ . A LO = r _ ~. 9=AC• ^ y ~^, ~y ~ '~'`~"~' 15' ACCESS EASEMENT ~.D..~~,JC•~ ~~01 ' ~ ~° % ~ ` , ~ ` . , TO BE VACATED ; • ,; ;~ ~ Ff-` ,.~ 20' P.U.E. _. 125.00' TODDSBURY DRIVE ' ~50' R/w> " = 100 1 TAX 51.03-02-09.00 TAX MAP N0. # SCALE: MAP SHOWING l/ACA T/ON OF 15' ACCESS EASEMENT AND RELEASE OF RESERI/AT/ON OF PUBLIC UT/L/TY LOT ExHIBIT A FOR WA TER STORAGE TANK PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 10/30/02 G.•/CAD/EPPERLEY/FALL_ CREEK_ TANK. DWG ACTION NO. ITEM NO. ~~- ~ - ~ O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 3, 2002 Appointments to Committees, Commissions and Boards Diane S. Childers Clerk to the Board Elmer C. Hodge ~ ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE BEHAVIORAL HEALTHCARE The three-year term of Rita Gliniecki will expire December 31, 2002. Ms. Gliniecki has indicated that she would be willing to serve an additional term. The three-year term of Linda Banister, Member at Large, will expire December 31, 2002. The Member at Large appointment must be confirmed by the County, as well as the Cities of Salem and Roanoke. 2. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS) The four-year term of Wilmore T. Leffell, Building Code Board of Adjustments and Appeals, will expire December 12, 2002. Mr. Leffell has been contacted and indicated that he would be willing to serve an additional term. The four-year term of Richard L. Williams, Building Code Board of Adjustments and Appeals, expired October 24, 2002. Mr. Williams has been contacted and indicated that he would be willing to serve an additional term. The four-year term of Larry W. Degen, Alternate, expired July 28, 2002. Mr. Degen has been contacted and indicated that he would be willing to serve an additional term. ~,;_-p 3. DISABILITY SERVICES BOARD The three-year term of Debbie Pitts, Assistant Director of Recreation, will expire December 31, 2002. 4. GRIEVANCE PANEL The three-year term of Raymond C. Denny, Alternate, expired October 10, 2001. 5. LIBRARY BOARD (Appointed by District) The four-year term of Nancy Greene, Cave Spring District, will expire December 31, 2002. 6. PARKS AND RECREATION ADVISORY COMMISSION (Appointed by District) The unexpired three-year term of Wayne Gauldin, Catawba Magisterial District, who has resigned. This term will expire June 30, 2003. 7. ROANOKE COUNTY PLANNING COMMISSION (Appointed by District) The four-year term of A. Kyle Robinson, Vinton District, will expire December 31, 2002. Mr. Robinson has indicated that he does not wish to serve an additional term. 8. ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE The term of Dr. Harry C. Nickens who resigned as a member of the Board of Supervisors effective October 31, 2002. The board member who is appointed to fill this vacancy will automatically be placed on the Roanoke County Cable Television Committee. There is no term expiration for this appointment. 9. ROANOKE VALLEY RESOURCE AUTHORITY The four-year term of Danial Morris, Finance Director, will expire December 31, 2002. Mr. Morris has resigned from his position as Finance Director effective November 22, 2002 and is not eligible for reappointment. The unexpired four-year term of Douglas J. Anderson who has resigned effective November 30, 2002. This term will expire on December 31, 2005. 10.VIRGINIA WESTERN COMMUNITY COLLEGE BOARD The four-year term of Stan Lanford expired June 30, 2002. Mr. Lanford has served two consecutive terms and is not eligible for reappointment. ~,y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 3, 2002 RESOLUTION 120302-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 3, 2002 designated as Item I -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes -September 24 and November 19, 2002 2. Request to accept and appropriate donation in the amount of $1,518.02 from the FAB 5K Event 3. Request for appropriation of Technology Literacy Challenge Grant funds in the amount of $30,000 4. Request for appropriation of Learn and Serve Grant in the amount of $14,000 That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None A COPY TESTE: 1 i .+ Diane S. Childers Clerk to the Board of Supervisors cc: File Eddie Ford, Parks Coordinator Diane D. Hyatt, Chief Financial Officer Dr. Jane James, Director of Technology Mrs. Jan McLeod, Principal, Roanoke County Career Center Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 2 ,.~ `°' September 24, 2002 613 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 24, 2002 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 September, 2002. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara (Arrived 4:38 p.m.), Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None 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 IN RE: OPENING CEREMONIES Chairman Church advised that Supervisor McNamara would be late because he was attending another meeting as a representative of the County. The invocation was given by Reverend Derry Gray, Penn Forest Christian Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Church added a briefing from Supervisor Nickens concerning an September 24, 2002 615 Chambliss, Mr. O'Donnell and Ms. Hyatt expressed their appreciation to Supervisor Nickens for his years of service 2. Briefing from Paul Mahoney. County Attorney, concerning the process to fill the vacancy in the Vinton Magisterial District. Mr. Mahoney advised that within fifteen days of a vacancy on the Board of Supervisors, the Board has to petition the Circuit Court for a special election at the next general election which is scheduled for November, 2002. If the vacancy occurs within 120 days of an election, the special election will occur at the next election date which will be November, 2003. The Board has thirty days from the date of the resignation to select a qualified person from the Vinton District to fill the vacancy and if the Board cannot agree, the selection will be made by the Circuit Court judges. The person selected will take office immediately after qualifying and will serve until the special election in November, 2003. The person elected in November, 2003 will serve the remainder of the Vinton Magisterial District term which will expire December 31, 2005. He advised that Chairman Church has asked that he repeat this briefing at the evening session for the benefit of those citizens who may be viewing the meeting at that time. Chairman Church advised that citizens who might be interested in this appointment should contact the Clerk to the Board rather than contacting each Board member individually. He advised that the time frame for applications will be established later. IN RE: NEW BUSINESS 1. Request for temporary use of space in Salem Office Supply September 24, 2002 617 AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara 1. First reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance amending the Roanoke County Code by the addition of a new Article IV of Chapter 22 entitled "Water Supply Emergencies and Conservation Measures" declaring that a water supply emeraen~ exists and the implementation of water conservation measures to restrict the use of water by the citizens of the County of Roanoke for the duration of such emergency (Paul Mahoney County Attorney: Gary Robertson, Utility Director) Mr. Robertson advised that this is an ordinance to implement and enforce a mandatory water conservation program in the County. It is being requested to allow the County to support the Governor's statewide water conservation program and assist its neighboring localities. Itwill provide insurance and protection forthe County'swatersource September 24, 2002 619 businesses who use high-pressure, low-consumption equipment or some type of water recycling system. The County's ordinance would also prohibit the watering of school athletic fields and golf courses. The only exception to this would be in cases where there is reseeding or replanting of lawns and they could be watered for a period not to exceed thirty days. The Governor in his explanatory materials issued on September 4, 2002, indicated that the rules were looser with respect to school athletic fields. Mr. Mahoney advised that as new information comes from the Governor's office and staff looks at how other localities handle these issues, the Board may want to make some changes between the first reading and second reading of the ordinance. If the Board wants to move forward with the ordinance as presented, he requested that they authorize his office to publish a legal notice in early October with the anticipated adoption and effective date of the ordinance being October 8, 2002. Supervisor Minnix was concerned that most citizens do not understand what is being mandated by the Governor's Order and what is stated in the County's ordinance. He recommended that once this ordinance is in effect, staff could utilize Channel 3 - RVTV to communicate the proper information to the citizens in an easily understandable manner. Supervisor Nickens stated that a provision in the ordinance will reduce scheduled sewer and hydrant flushing by 50% but that flushing to meet immediate health and safety requirements is exempt. He asked if all scheduled sewer and hydrant flushing could be eliminated. Mr. Robertson advised that there is a routine flushing program for water lines a couple of times a year to prevent problems but the scheduled flushing could be eliminated. Supervisor Nickens advised that he would leave this to the staff but he believes it should be cut at least 75%. Supervisor Nickens advised that for the sake of clarity, he would like to see September 24, 2002 621 restrictions. He suggested that Mr. Mahoney might want to clarify the ordinance by adding the restrictions on watering athletic fields and golf courses. Mr. Mahoney advised Supervisor Church that implementing the mandatory provisions of the ordinance would take an affirmative action by the Board, and he recommended that the Board take this action at their meeting on October 8, 2002. If the Board decides to remove the mandatory restrictions, they would need to approve an action to do this and publish a notice for citizens to satisfy due process concerns. Supervisor Nickens suggested that athletic fields could be watered with recycled waterorwith recaptured waterfrom flushing hydrants. Mr. Robertson advised that this might be possible if the fire truck had the capability to capture the water. Supervisor Flora clarified that he was not suggesting that this ordinance should apply to surface water but pointing out that there was no reference made to surface water. He suggested that surface water might be another way that the athletic fields could be watered. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for October 8, 2002, at 3:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara IN RE: APPOINTMENTS 1. Virginia Western Community College Board Supervisor Church advised that he hopes to have a nomination at the next September 24, 2002 IN RE: REPORTS 623 Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Nickens, Church NAYS: None ABSENT: Supervisor McNamara 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -August 2002 6. Statement of Expenditures and Estimated and Actual Revenues for The month ended August 31.2002 7. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31, 2002 IN RE: CLOSED MEETING At 4:10 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia 2.2-3711 A (1) discussion or consideration of the employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers; 2.2-3711 A (20) discussion of plans to protect public safety as it relates to public health and terrorism; and 2.2-3711 A (7) to discuss pending litigation against the Electoral Board in Marye vs. Quinn. The motion carried by the following recorded vote: September 24, 2002 625 (RFP's) have been requested for the first three projects: (1) Mountain View Elementary School, (2) Herman L. Horn Elementary School, and (3) Oak Grove Elementary School. He advised that the estimated costs for each project were provided as a preliminary guide only and the School Board planned to complete the projects in order as funds were available. Supervisor Nickens advised that the Blue Ribbon Committee has indicated that they do not want the Phase II program referred to as the Blue Ribbon Committee Phase II because the priority list is different from the list they recommended. There was agreement that the list could be referred to as Phase II Construction projects for the County Schools. He also expressed concern that priority #5 (renovations to Northside High School) was lower on the list than priority #4 (Cave Spring/Hidden Valley high stadium and playing fields). He stated that alternatives to the 125 game schedule at Bogle Field may exist. He questioned the funding source for miscellaneous small projects which were not on the list. Dr. Weber responded that these miscellaneous projects would be funded with end-of-year funds, but if this was not possible, they may have to come back to the Board. Chairman Irvin advised that the balance from Phase I may also be used to fund the miscellaneous projects. Mr. Hodge advised that because of the debt drop-off of almost $1.9 million (of which $1.25 million is County funds), there will be as much as $22 million for Phase II school projects if the interest rates stay at 5% and the construction bids are received within the current estimates. There was discussion concerning priority #4 with Supervisor Minnix advising that even if a new stadium is built for Hidden Valley High School, the Bogle Field still needs improvement. Supervisor McNamara advised that improvements to September 24, 2002 627 believes that educational needs are a priority and the stadium issue could be addressed in the future. Chairman Church advised that the Board had reached consensus in the work session to support the motion approved by the School Board. Dr. Weber advised that when the A&E information is received, they will bring this information back at another meeting. IN RE: CLOSED MEETING The Closed Meeting was continued from 6:20 p.m. until 6:45 p.m. IN RE: CERTIFICATION RESOLUTION R-092402-3 At 7:00 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 092402-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and September 24, 2002 • ~ Chairman Church advised that the following procedures will be in effect for the applicants for this position: (1) October 1, 2002 is the deadline for citizens to apply by submitting a resume or other information for consideration of this appointment. (2) Each applicant will be interviewed by the Board. (3) Information concerning the vacancy and how to apply will be placed on RVTV, Channel 3. (4) Citizens can call the Clerk's Office at 772-2005 for information on where to mail their application to be considered for appointment to this vacancy. As suggested by Supervisors McNamara and Nickens, the Board agreed that: (1) Information concerning an applicant will be distributed to all Board members when received by the Clerk's Office. (2) The Board will adjourn the October 8, 2002 meeting to a special meeting, date to be determined for consideration of this appointment. Deputy Clerk Holton and Supervisor McNamara expressed their appreciation to Supervisor Nickens for his years of service. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 6.15 acres from AR. Agricultural Residential District, to I-1. Industrial District, and to obtain a Special Use Permit for 2 acres for a mini- warehouse, located on 6227 - 6237 West Main Street. Catawba Magisterial District, upon the Petition of Trple S. Investments. Withdrawn at the request of the petitioner Chairman Church confirmed with the Deputy Clerk that the petitioner had withdrawn this request. September 24, 2002 631 Center and the proposed automobile repair and used automobile dealership facility. (2) There shall be a maximum of 15 used vehicles on display for sale on the property at one time. (3) The off-premise sign on the property shall be removed and no new off- premise signs on the property shall be permitted. (4) Exterior lighting shall be directed away from the adjacent neighborhood on Manassas Drive. Mr. Holladay advised that Mr. Mahoney recommended that the Board not approve Condition #3 and this condition had been removed from the ordinance being presented for approval. In response to Supervisor Minnix's inquiry, Mr. Martin, the petitioner, advised that he was willing to comply with all four conditions of the special use permit. Supervisor Minnix moved to approve the second reading of the ordinance. Supervisor McNamara asked Supervisor Minnix if his approval of the second reading and ordinance included Condition #3 because that condition had been removed from the ordinance. Mr. Mahoney advised that if the Board approved Condition #3, under the State Code requirements, the County would have to pay the costs of removal of the sign and compensation to Lamar Advertising for its value. Supervisor McNamara suggested that the petitioner voluntarily agree to have the sign removed. Mr. Martin reported that he felt he had no obligation to Lamar Advertising regarding the sign and had made no final determination about removing it. Mr. Mahoney advised that Mr. Martin already had the right to remove the sign but he recommended that removal of the sign not be required by the Board. Supervisor Minnix clarified with Mr. Martin that Condition #3 was not a part of the ordinance that he moved to approve. September 24, 2002 633 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. 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 Keith W. Martin and the Roanoke County Board of Supervisors to construct and operate a minor automobile repair service and used automobile dealership to be located at 3704 and 3738 Brambleton Avenue (Tax Map No. 77.13-3-1 and part of Tax Map No. 77.13- 3-2) 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: (1) In order to screen the Brambleton Center building and picnic area from the minor automobile repair and used automobile dealership, a 6-foot privacy fence shall be installed and one row of large evergreen trees planted for every 15 linear feet, in the area along the common property line between the Brambleton Center and the proposed automobile repair and used automobile dealership facility. (2) There shall be a maximum of 15 used vehicles on display for sale on the property at one time. (3) Exterior lighting shall be directed away from the adjacent neighborhood on Manassas Drive. 2. That the zoning classification of a certain tract of real estate containing .226 acre, as described herein, and located 3738 Brambleton Avenue (Part of Tax Map Number 77.13-3-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 3. That this action is taken upon the application of Keith Martin and the Roanoke County Board of Supervisors. 4. That said real estate is more fully described as follows: BEGINNING at a corner, being the northwesterly corner of remaining portion of Lot 1, Mount Vernon Heights (PB2, page 67), property of Keith W. Martin (Tax Map No. 77.13-3-1 ), said point also located on the southerly right-of-way of Brambleton Avenue (U.S. Route 221); thence leaving Brambleton Avenue and with the westerly side of Lot 1, Mount Vernon Heights S. 32 deg. 00' 00" W. 196.45 feet to a corner, said point being the northeasterly corner of Lot 14, Mount Vernon Heights, said point also being the southwest corner of Lot 1, Mount Vernon Heights; thence leaving Lot 1 and with the northerly boundary of Lot 14 S. 58 deg. 00' 00" W. 50.00 feet to a corner; thence leaving Lot 14 and with a new division line through Lot 2, Mount Vernon Heights, property of Roanoke County Board of Supervisors N. 32 deg. 00' 00" W. 196.89 feet to a point located on the southerly right-of-way of Brambleton Avenue; thence with Brambleton Avenue N. 58 deg. 30' 04" E. 50.00 feet to the Point of September 24, 2002 635 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on September 10, 2002; and a second reading and public hearing was held on September 24, 2002, concerning the sale and disposition of a 0.226-acre parcel of real estate known as the remaining portion of Lot 1, Mount Vernon Heights, Tax Map No. 77.13-3-1; and 3. That an offer having been received for said property, the offer of Keith W. Martin to purchase this property for 40 000 is hereby accepted; and 4. That all net proceeds from the sale of this real estate are to be allocated to the Capital Projects Fund for improvements to the Brambleton Center; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be 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 Flora, McNamara, Minnix, Nickens, Church NAYS: None 4. Second reading of an ordinance to obtain a special use permit to construct adrive-in restaurant on 10.15 acres located at the 4300 block of Starkey Road, Cave Spring Magisterial District, upon the petition of Robert A. Buckley/Java the Hutt. (Janet Scheid, Chief Planner) 0-092402-6 Mr. Holladay advised that this is a request for a special use permit for a Java the Hut drive-through coffee service. The proposed building would occupy less than 200 square feet with drive-through service provided on both sides of the building. The Planning Commission recommended approval with four conditions. September 24, 2002 63'7 (2) The drive-through service building shall be placed on existing parking spaces so that the drive-through lanes do not interfere with two-way traffic flow in the parking lot. (3) The drive-through lanes shall be clearly striped to indicate direction of travel. (4) The building shall be located outside all drainage easements. 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 Flora, McNamara, Minnix, Nickens, Church NAYS: None 5. Second reading of an ordinance authorizing the vacation of a ,portion of an existing sanitary sewer easement created on subdivision plat of Section 4 The Groves, recorded in Plat Book 19, Page 140 across the remaining portion of Tract C, owned by Palm Land Company L.C., Cave Spring Magisterial District (Arnold Covey Director of Community Development) 0-092402-7 Mr. Covey advised that there have been no changes since the first reading of the ordinance. There was no discussion and no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None September 24, 2002 639 b. That all costs and expenses associated herewith, including but not limited to publication, recordation, survey and line relocation costs, shall be the responsibility of the Petitioner. 2. That the County Administrator, an Assistant County Administrator, or a Roanoke County Subdivision Agent, 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. 3. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara explained that his absence from the meeting earlier was to attend a meeting as Vice Chair of the Metropolitan Planning Organization with the Commissioner of Transportation for the Commonwealth. He felt it was important to take this opportunity to meet with the Commissioner to voice the Board's concern that 36% of the funds for the Salem District are going to the Smart Road, and to ask for assistance with other road projects. Supervisor Minnix: (1) He asked Mr. Hodge when the County would have some idea on state budget reductions for this year. Mr. Hodge responded that the Governor has asked for reports from all State departments on budget cuts. There is some information available about funds being withheld, but the final outcome will not be known until the end of October or first of November. (2) He encouraged the citizens of the County and Valley to be frugal in their use of water since no one knows how long the drought will continue. He asked Mr. Hodge to put some information on RVTV Channel 3 about the water conservation measures being implemented by the County. ---F ~` 737 November 19, 2002 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 19, 2002 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 November, 2002. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Michael W. Altizer, Richard C. Flora, H. Odell "Fuzzy" Minnix (arrived at 3:15 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by Dr. Maurita J. Wiggins, Valley Community Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS November 19, 2002 739 Some of the comments contained in the Virginia Department of Health's (VDH) report include: - "Spring Hollow WTF was found to be well maintained and in excellent operating condition" - "... obvious that the operators take great pride in their work and take (sic) their job seriously." - "Monthly operation reports ..... indicate superior operation and product quality." - "..... filtered water turbidities never exceeded the 0.3 NTU compliance level. More impressively, filtered water turbidities never exceeded the health department goal of 0.1 NTU. Mr. Robertson explained that water clarity is measured in terms of turbidity. The VDH compliance level for turbidity is 0.3 NTU on filtered water. He indicated that the average turbidities for the County are 0.04 - 0.05, significantly below the VDH goal and far below the minimum requirement. As a result of this accomplishment, the Utility Department has been able to secure permission from the VDH to proceed with a pilot study to evaluate the feasibility of increasing the flow-through capacity of the treatment filters. It is anticipated that the results of this study will justify a re-rating of the overall filtration capacity from 15 MGD to 18 MGD. Mr. Robertson introduced the following Utility Department employees who were present at the meeting: Jeff Booth, Water Production Supervisor; Mike Duffy, Lead Senior Operator; Dean Wood, Lead Senior Operator; David White, Water Operator; Greg Honeycutt, Water Operator; Randy Smith, Lab Technician; Lisa November 19, 2002 741 Mr. Robertson indicated that the current level at Spring Hollow Reservoir is 1,391 feet which represents 76% of the volume in the reservoir. The reservoir is currently at a level higher than the five year average. It is anticipated that with the continued operation of four pumps, the County will be at a level of 1,395 feet by the end of the week which will be approximately 80% of the volume of the reservoir. Since October 28, over 600 million gallons of water have been pumped into the reservoir. In light of this information, Mr. Robertson stated that it would be prudent for the County to lift the mandatory conservation measures but would like to continue with the following: (1) Placing standby wells in service. (2) Request that citizens and businesses continue with voluntary conservation measures. Mr. Robertson indicated that an advertisement will be placed in the paper on Saturday, November 23, to effectively remove the mandatory conservation measures if this is the Board's decision. Supervisor Church moved to approve staff recommendation (terminate mandatory water conservation but encourage voluntary conservation). The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None 2. Re uest to approve agreement with American Electric Power for the purchase of surplus power at Spring Hollow Reservoir. (Gary Robertson, Utilit Director A-111902-2 r November 19, 2002 743 3. Approval of a renewal amendment to an agreement with Bell Atlantic =Virginia, Inc. now Verizon Virginia, Inc. to sublease tower space and equipment buildings ace for a repeater antenna on Poor Mountain as ~ of the E-911 communication s sy tem, Windsor Hills Magisterial District. Anne Marie Green. Director of General Services R-111902-3 Ms. Green stated that this request is to renew an existing agreement with Bell Atlantic, now known as Verizon. The County has a repeater antenna on Poor Mountain to provide a backup to the emergency communications system and to serve as a conventional repeater to reach the south side of Poor Mountain and the Bent Mountain area. The County entered into a formal agreement with Bell Atlantic (now Verizon Virginia) in 1997 for five years, and staff is requesting that this agreement be renewed for an additional five year term ending December 31, 2007 with annual renewals thereafter. The sublease amendment continues to require no payment of rent, and the following provisions for payment by the County remain in effect: (1) labor costs, if necessary, associated with Verizon permitting access to the site after normal work hours; and (2) Owners and Contractors Protective Insurance, naming Verizon Virginia Inc. as the insured. The approximate cost of this insurance has increased from $350.00 per year to $1,200.00 - $1,500.00 per year, but staff is still negotiating with Verizon for a November 19, 2002 745 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator, or an Assistant County Administrator, is hereby authorized to execute the necessary documents and/or agreements for renewal of the sublease, dated December 30, 1997, of the tower space and equipment building space at the Bell-Atlantic -Virginia, Inc. (now Verizon Virginia, Inc.) tower site on Poor Mountain, through the period ending December 31, 2007, with annuals renewals thereafter, and upon form approved by the County Attorney. On motion of Supervisor McNamara to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None 4. Approval of Dental Plan Renewal _ 2003. Rebecca Owens Finance Mana er A-111902-4 Ms. Owens reported that the County of Roanoke and Roanoke County Schools participate in a fully insured group dental insurance program for their eligible employees and retirees. The provider is Delta Dental and the group includes members from the Roanoke Valley Regional Health Care Consortium. The current contract expires on December 31, 2002. Ms. Owens stated that the Consortium, through Roanoke County Finance, issued a request for proposals to renew the dental insurance contract for Consortium members. Proposals were received from various vendors and evaluated by the Consortium members as well as Palmer & Cay Consulting Group. Consortium members voted to accept the proposal from Delta Dental. The proposal calls for an initial one-year term with a renewal option for each of two additional years. The plan renewal calls fora 3% increase in rates for 2003 and guarantees a rate increase for 2004 of less than 5%. The maximum potential impact to the budget November 19, 2002 747 holidays (Presidents' Day and Veterans' Day) as in the current year, designate three floating holidays to include Presidents' Day, Veterans' Day, and Columbus Day. (2) Continue with Presidents' Day and Veterans' Day as the two floating holidays and designate Christmas Eve, December 24, 2003, as a holiday rather than Columbus Day in October 2003. (3) Continue with Presidents' Day and Veterans' Day as the two floating holidays and designate Friday, December 26, as a County holiday when the offices will be closed rather than Columbus Day in October 2003. In response to a question from Supervisor Minnix, Mr. Sgroi reported that both County operations and employees have responded favorably to the concept of floating holidays. He also clarified that the staff recommendation is to close the offices on Friday, December 26 in addition to Christmas Day, December 25. December 26 would not be a floating holiday, and employees would be able to use annual leave if they wished to take time off on December 24. Supervisor McNamara voiced his support of the floating holiday system because it improves the service level to the citizens, but also gives employees greater flexibility. In response to a question from Supervisor Church, Mr. Sgroi indicated that the alternative which would provide the least impact to citizens would be Alternative 3. Mr. Sgroi stated that he conducted an informal poll among department directors, and the general consensus favored closing on Friday, December 26. November 19, 2002 749 Supervisor Minnix indicated that he supports appropriating funds to finance the constitutional officers, and stated that he would like to consider the implementation of fees as recommended by the Sheriff's Office in the November 5 work session. Supervisor Altizer voiced concerns about the lack of funding for the police vehicles at $70,448. He stated that in light of future potential cuts from the General Assembly, the County may be delaying funding something today that will cost us more in the future. Mr. Robertson reported that due to inflationary increases and increasing maintenance costs, this is an accurate statement. Supervisor Altizer moved to approve staff recommendation (appropriate $156,779 out of the FY 2001-02 year-end balance to offset the revenue loss from the State) with the inclusion of $70,448 to fund the purchase of police vehicles. Supervisor McNamara stated that the County does not yet know if there will be an overall revenue shortfall for the current fiscal year. If the County does not have a revenue shortfall, he would support funding the cost of police vehicles. He indicated that there is sufficient time remaining in the fiscal year to continue evaluating this decision. Supervisor McNamara made the following comments: (1) He indicated that it does not make sense for the Board to cut funding to offices that are generating revenue in order to indicate to the State that the County will not pick up the cost of funding reductions. He stated that citizens deserve to have these services, and it will November 19, 2002 751 will be able to continue making up the difference. He emphasized that changes in the State budget are occurring almost weekly, and the Board may not be in a position financially to provide assistance in the future. There was discussion concerning Supervisor McNamara's amendment to Supervisor Altizer's original motion. Supervisor McNamara indicated that in his amended motion, he was not including the $70,448 for purchase of police vehicles. He stated that he feels there is still enough time to evaluate this portion of the request. His amended motion was to approve staff recommendation to appropriate $156,779 with the funds being paid from current year surplus revenues. Supervisor Altizer indicated that he would not support this amendment to the motion. The motion was denied by the following recorded vote: AYES: Supervisors Flora, McNamara NAYS: Supervisors Minnix, Altizer, Church Supervisor Flora stated the Board should give serious consideration to how they will proceed with funding budget reductions because the State has clearly indicated that additional reductions will be implemented in the future. He stated that the "well will run dry" if the Board continues funding the shortfalls. Supervisor Altizer moved to approve appropriation of $156,779 plus $70,000 for purchase of police vehicles with funding from current year surplus revenues to offset the revenue loss from the State. AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church 753 November 19, 2002 operate a commercial kennel on 2.657 acres located at 3900 Carvins Cove Road upon the etp ition of Van B. & Teresa D. Johnson, Catawba Magisterial District. 5. First readin of an ordinance to obtain a special use ep rmit to operate a used automobile dealership located at 6422 Bent Mountain Road upon the etp ition of Back Creek Enterprises, Windsor Hills Magisterial District. IN RE: APPOINTMENTS 1. Building Code Board of Adjustments and Appeals Fire Code Board of A eats Supervisor Flora requested that the Clerk contact Wilmore T. Leffell, Building Code Board of Adjustments and Appeals; Richard L. Williams, Building Code Board of Adjustments and Appeals; and Larry W. Degen, Alternate, to determine if they would be willing to serve additional terms. IN RE: CONSENT AGENDA R-111902-7, R-111902-7.a Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF 755 November 19, 2002 Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Flora McNamara Minnix, Nickens, Church Nays: None Absent: None IN RE: REQUESTS FOR WORK SESSIONS 1. Request for 'ol int work session with the Roanoke Count Planning Commission on December 3 2002 to discuss proposed amendments to the Roanoke County Zoning Ordinance, Section 30-93, Sians. David Holladay, Senior Planner/Zoning Administrator) Mr. Hodge requested that this work session be moved to the first meeting in February. It was the consensus of the Board to schedule the work session for the first meeting in February, tentatively scheduled for February 11, 2003. IN RE: COUNTY ADMINISTRATOR'S COMMENTS Mr. Hodge requested that the Board and staff from the Economic Development Department visit three economic development sites on December 3. He stated that there are several interesting prospects that the staff would like to review with the Board. It was the consensus of the Board to schedule the meeting for December 3, 2002. Supervisor Minnix stated that he will be unable to attend the meeting on December 3. November 19, 2002 757 5. Accounts Paid -October 2002 6. Statement of Expenditures and Estimated and Actual Revenues for the month ended October 31, 2002 IN RE: CLOSED MEETING At 4:10 p.m., Supervisor Church moved to go into Closed Meeting following work session pursuant to Code of Virginia Section 2.2-3711 A (3) discussion of the disposition of publicly-held real property, namely long-term lease at Vinyard Park; Section 2.2-3711 A (3) discussion of the acquisition of real estate for public purposes, namely Item G-1, Indian Grave Road and U. S. Route 220 intersection improvements. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:30 p.m. until 5:05 p.m. IN RE: WORK SESSION 1. Work session with citizen rg oup to discuss draft Environmental Impact Statement prepared ~ the Vir inia Department of Transportation VDOT regarding I-73. Elmer Hodge, County Administrator) The work session was presented by Kris Peckman, Bob Peckman and Jerryanne Bier representing Virginians for Appropriate Roads; Lois Slotnick and Gerry November 19, 2002 759 through the year 2020, except within Roanoke City. (3) Upgrading U.S. 220 to "principal arterial standards" would greatly enhance safety and use of the highway while meeting Congressional requirements for I-73 and qualifying for Federal assistance. (4) An upgrade of U.S. 220 to principal arterial standards would result in far less social and environmental destruction, would be more cost effective, and could be accomplished sooner. The Board was asked to formally request Onzlee Ware, representative on the Commonwealth Transportation Board (CTB), to ask the CTB to change their preferred routing of I-73 from the current route to the TSM alternative. IN RE: CERTIFICATION RESOLUTION R-111902-8 At 7:01 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None RESOLUTION 111902-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members' knowledge: 761 November 19, 2002 Supervisor Church moved to approve staff recommendation (accept $7,000 donation and appropriate the funds to the Camp Roanoke renovation fund). The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Aftizer, Church NAYS: None IN RE: NEW BUSINESS 1. Request for approval of County-State agreement with the Virginia Department of Transportation for the following projects: Extension of Indian Grave Road and intersection improvements and removal of the brid a and a op rtion of Clearbrook Lane. Elmer Hodge' Count Administrator) R-111902-10 Mr. Hodge reported that as the project stands now: (1) Clearbrook School and Roanoke County Fire & Rescue want a stoplight in the area for safety reasons. (2) The residents want improvements so that they can develop their land. The Division of Motor Vehicles (DMV) is no longer a part of the project due to State budget reductions. The Evangel Foursquare Church special use permit (SUP) may have expired. Traffic continues to worsen, the engineering plans are complete and ready to bid. The estimated cost of the project is $1.2 million. Even with good bids, it will be months before the project can be completed. Roads are the responsibility of VDOT and the County has requested a stoplight at Clearbrook for many years. This request has been November 19, 2002 763 the County staff to administer the project which will necessitate a contract between the County and VDOT. (3) Authorize staff to obtain easements and rights-of-way. This is a separate item to be presented by Arnold Covey, Director of Community Development, later in the meeting. The first reading will be this evening, and the second reading is scheduled for December 3. (4) Assistance from the neighbors and partners in the Clearbrook area will be needed. The landowners need to contribute the easements and rights-of-way for the project to proceed. Many have previously agreed to make these donations, however only two have signed contracts to date. Some property owners are requesting improvements that are beyond the scope of the project. VDOT will still have to approve the plans and authorize construction of the project if all easements and rights-of-way are obtained. Further delays in obtaining the necessary easements and rights-of-way delay the project even more and increase the cost of the project. Mr. Hodge presented a site map illustrating the layout of the project. He indicated that if the County is unable to obtain the necessary easements and rights-of- way to proceed with development of a stoplight with afour-way intersection, he recommended that the road be closed off and athree-way intersection implemented with a stoplight. He indicated that the project is primarily a safety issue, but it also presents an economic development opportunity. The following citizens spoke in favor of installing a stoplight at the intersection of Indian Grave Road and U. S. 220: (1) Mr. Clarence W. Simmons, 5605 Franklin Road, indicated that the stoplight is needed because the intersection is an November 19 2002 765 birth. (c) She is a third grade student at Clearbrook Elementary and she thinks that all the teachers and parents are fighting for safer roads - "it just makes good sense". (d) She is concerned for both her family's safety and the safety of her elderly neighbors. She has been in the car twice when accidents nearly occurred at this intersection. (e) The traffic control guard's job is very difficult, requiring the use of his/her body to physically direct vehicles to stop. She would like to see this person retire "with all his arms and legs". (5) Ms. Amy Grammer, 5391 Indian Grave Road, stated that she had safety concerns as well, and stated that access difficulties do not occur just during rush hour. She spoke of trying to get into the center lane in an effort to cross over to the other side, and the danger that exists from oncoming tractor trailer traffic. She also addressed the concerns for Fire & Rescue personnel attempting to answer calls. She stated that traffic in this area does not adhere to the posted speed limit. She stressed the importance of continuing with this project even if DMV is no longer involved. Supervisor Minnix expressed his appreciation for the residents who came forward to speak, and voiced his support of the need for a signal light at this intersection. He stated that it is fortunate that a fatality has not occurred at this location, and he encouraged the Board to not wait for funding from the General Assembly before proceeding with this project. Supervisor Altizer stated that he concurs that it is only a matter of time before an accident occurs at this intersection. He asked that the property owners work with County staff in bringing this project to fruition. November 19, 2002 767 #0675-080-320, C501) for the extension of Indian Grave Road and for intersection improvements, and for removal of the bridge and a portion of Clearbook Lane (Project #0674-080-319, N501, B689), said contract to be on a form approved by the County Attorney. On motion of Supervisor Minnix to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First readin of an ordinance authorizing the acquisition of and dedication of certain real estate and necessary easements for the construction of the Indian Grave Road Extension and U.S. Route 220 intersection improvements. Arnold Covey, Director of Community Development) Mr. Covey requested that the Board authorize staff to proceed with obtaining the necessary easements and rights-of-way needed for improvements at this intersection. The second reading is scheduled for December 3 and staff will provide an update at that time as to the number of easements that have been acquired. Supervisor Minnix moved to approve staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second readin of ordinance to rezone 22.743 acres from AR November 19, 2002 769 citizens to view the changes. He indicated that Ms. Scheid had spoken with the Planning Commission, and they had indicated that they would be willing to take a vote on the reconsideration at their December 3 meeting. He stated that the other options remaining to his company are to withdraw the application and begin the process over, or to develop the property with the current AR zoning and place eight to ten driveways on Cotton Hill Road. In response to a question from Supervisor Church, Mr. Mahoney indicated that how the Planning Commission handles this matter will depend on the direction that the Board provides. The Board could either ask the Planning Commission to consider the substantial changes or simply return the petition and give the Planning Commission an opportunity to reconsider. Ms. Scheid stated that if there are substantial changes in the site plan, the Planning Commission is very agreeable to looking at the matter again. Supervisor McNamara voiced concerns regarding residents who may have received notice that there was not a public hearing and did not appear at the meeting to speak on this matter. The following individuals spoke regarding this matter: (1) Ms. Deirdre Rea, 6820 Sugar Run Ridge Road, spoke regarding her previous experiences with rapid mass development in Boca Raton, Florida. She cited problems with increasing road congestion, traffic violations, accidents and fatalities. There were also problems with school class sizes, which resulted in poor quality education and increased behavior problems. Water quality deteriorated and criminal activities increased. She requested 771 November 19, 2002 Hopkins expressed concerns about the increased traffic if these additional homes are built, as well as problems with watershed and school crowding. He requested that the matter not be sent back to the Planning Commission. (6) Ms. Diane Camabell, 7246 Merriman Road, spoke of the unsafe conditions at the intersection of Merriman Road and Cotton Hill Road. She noted that there is significant truck traffic traveling at high rates of speed in this area. She referred to numerous accidents that have occurred, as well as increased noise levels, and stated that additional homes would only contribute to these existing problems. Supervisor Minnix stated that he cannot support returning this matter to the Planning Commission because it sets an unwise precedent. In addition, it would send the message that the Board is specifically asking the Planning Commission to make changes. He stated that any petitioner who goes through this process will have the opportunity to present site plan revisions to the Board of Supervisors. Supervisor McNamara expressed questions about who bears the responsibility for building roads: the developer, VDOT, or the County. He stated that he hopes that if there are significant changes to the project, that the Board will consider these in a timely manner. He voiced concerns about the manner in which this petition has proceeded, and expressed the need for a policy that will address requests for continuance. Supervisor Flora inquired about the procedure for the petitioner to get back on the Planning Commission's agenda. Mr. Mahoney reported that once the November 19, 2002 Commission. 773 In response to a question from Supervisor Minnix, Mr. Mahoney stated that the Board has two options: (1) Vote to grant the petitioner's request and send the matter back to the Planning Commission. (2) Vote to deny the petitioner's request to return the matter to the Planning Commission and schedule the public hearing for December 17, 2002. A-111902-11 Supervisor Minnix moved to deny the petitioner's request to return the matter to the Planning Commission. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None 2. Second readin of an ordinance to obtain a special use ep rmit for .55 acres for a home occupation in an accessory structure located at 3564 Grandin Road, Windsor Hills Magisterial District, upon the etp ition of Sheree and James Ringer' Janet Scheid, Chief Planner 0-111902-12 Ms. Scheid reported that there have been no changes in this matter since the first reading. There was no discussion on this matter and there were no citizens present to speak. Supervisor McNamara moved to adopt the ordinance. The motion carried November 19, 2002 775 District for the purpose of constructing a single family dwelling located at 6012 Cove Road, Catawba Magisterial District, upon the etp ition of Larry G. and Ida Jane E. Conner. Janet Scheid, Chief Planner 0-111902-13 Ms. Scheid reported that in 1992, the County erroneously rezoned a portion of Mr. Conner's property to C-2 as part of a comprehensive rezoning. The property is close to, but not accessible from, the Route 419 corridor. It is also encumbered by an American Electric Power Company easement, a stormwater easement, and a public sewer easement. Mr. Conner wants to build a home on this property for his son and in the process of trying to secure a building permit, discovered that the property had been rezoned to C-2. Staff supports rezoning this property to R-1 and the Economic Development Department concurs that the property has no economic development potential. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None ORDINANCE 111902-13 TO CHANGE THE ZONING CLASSIFICATION OF A 16.255-ACRE TRACT OF REAL ESTATE LOCATED IN THE 6000 BLOCK OF COVE ROAD (TAX MAP NO. 36.15-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING 777 November 19, 2002 (DB 948, page 235) S. 30 deg. 08 min. 35 sec. E. 311.29 feet to Corner No. 10, the Point of Beginning and containing 16.255 acres, and being all of New Parcel A as shown on the aforesaid plat. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None 4. Second readin of an ordinance to vacate a 15' access easement on Lot 8 and release a reservation for water stora a tank on a Public Utilit Lot" created ~ Subdivision Plat for Section 8 Fallin Creek Estates, in Plat Book 21" Page 20, and combined into New Lot 8A in Plat Book 24, Page 5 Vinton Magisterial District. Arnold Cove Director of Community Development Mr. Covey reported that further discussions with the Town of Vinton are needed to clarify questions regarding access to the well lot. Staff is requesting that the public hearing be held this evening but that the Board defers action on the matter until these questions can be resolved. There was no discussion on the matter and there were no citizens present to speak. Chairman Church directed the Clerk to postpone action on this matter until these questions can be resolved. November 19, 2002 779 Mr. Mahoney reported that the following items have been included in the proposed 2003 legislative program: (1) The proposed charter amendments contained in the public hearing that was just held. (2) Request for additional funding for Explore Park. (3) Request for additional funding for school capital construction. (4) Opposition to funding for the Smart Road being taken from the Salem District. (5) Request for assistance from local legislators to direct the Commonwealth Transportation Board to install a traffic signal at the intersection of Indian Grave Road. Mr. Mahoney stated that the legislators are available to meet with the Board on December 17 at 5:00 p.m. to review the legislative initiatives. He reported that Mr. Hodge had indicated that the Board may want to consider requesting an ownership interest in Explore Park to reflect the significant participation in this project. Supervisor Minnix inquired about the likelihood of being reimbursed by the State for monies being spent with regard to the Clearbrook/Indian Grave Road improvements. Mr. Mahoney suggested that the County staff, Board and legislators work together to accomplish the goal. Supervisor Minnix also requested that copies of the resolution be sent to Senator Edwards and Delegates Griffith and Thomas with a letter from the Chairman requesting their assistance. Mr. Hodge indicated that staff will attempt to negotiate a reimbursement agreement with VDOT, but state-wide they are discouraging reimbursement agreements. .November 19, 2002 781 Roanoke County is in the second phase of a $120 million school capital construction program. In the first phase the County funded $50 million of construction with 20 year bonds sold through the VPSA. The Commonwealth has retreated from its modest assistance to localities for school construction. Roanoke County needs either additional funding from the Commonwealth of Virginia for school capital construction or new sources of local tax revenue to pay for these capital expenditures. 4) Roanoke County opposes the reallocation of transportation funds in the Salem District to pay for Virginia's Smart Road Project. It opposes the diversion of funds from other approved road projects in the Salem District and it requests a more equitable system for funding Virginia's Smart Road since this project was designed to benefit all of the citizens of this Commonwealth. 5) Roanoke County requests the assistance of our local legislators in directing the Commonwealth Transportation Board to install a traffic signal at the intersection of U. S. Route 220 and Indian Grave Road (State Route 675) to protect the children at Clearbrook Elementary School. Roanoke County thanks its legislators for their assistance in securing traffic signalization on U.S. Route 419 to protect the children at Hidden Valley Junior High School and it request similar assistance for the children at Clearbrook Elementary School. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Minnix to adopt the Resolution with the revision that Item 2 will also include a request for an ownership interest in Explore Park, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He requested that the Board's economic development tour scheduled for December 3 be held at noon rather than following the 3:00 p.m. Board meeting. (2) He stated that the proposed public hearing for Cotton Hill Land Co. is tentatively scheduled for December 17. He requested that this matter be A-120302-3 . a ACTION NO. ITEM NO. ~~` ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 3, 2002 AGENDA ITEM: Request to accept and appropriate donation in the amount of $1,518.02 from the FAB 5K event SUBMITTED BY: Eddie Ford, Parks Coordinator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The FAB 5K race is held annually at Green Hill Park to provide a competitive running event and to raise funds for the improvement of Green Hill Park as an event venue. This year's race with 160 runners was held on August 24, 2002. It generated $1,518.02, which was presented to Parks, Recreation, and Tourism on October 30, 2002. The event sponsors have requested that these funds be used toward Green Hill Park's continuing development. In 2001, the Board of Supervisors established a Green Hill Park Improvement Fund to receive donations of this type. The current balance, including the above donation, is $3,788.55. Staff is currently developing a master plan for needed improvements to position Green Hill Park as a special events venue and working with outside organizations to raise capital. These funds will be held pending completion of that plan and then utilized to make phased improvements FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends acceptance of the FAB 5K race donation in the amount of $1,518.02. 1 VOTE: Supervisor McNamara motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. McNamara ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. Church ® ^ ^ cc: File Eddie Ford, Parks Coordinator Pete Haislip, Director, Parks, Recreation & Tourism Diane D. Hyatt, Chief Financial Officer t A-120302-3 . b ACTION NO. ITEM NO. -~ ' 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 3, 2002 AGENDA ITEM: Request for Appropriation of Technology Literacy Challenge Grant Funds in the amount of $30,000 SUBMITTED BY: Dr. Jane James Director of Technology APPROVED BY: Elmer C. Hodge ~ ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Public Schools was recently awarded an extra grantfrom the state forthe Technology Literacy Challenge Grant in the amount of $30,000. The funds may be used to replace or support instructional technology equipment. Staff recommended that the grant be used to cover a portion of a temporary technician's salary to assist with ongoing database upgrade projects until June 30, 2002. The remaining funds would be placed in the instructional equipment replacement budget to cover needed repairs or upgrades to classroom hardware. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of the $30,000 grant as follows: 871100-1160 Salaries -Temporary $11,000 871100-2100 FICA 850 871100-8602 Instructional Equipment 18,150 VOTE: Supervisor McNamara motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. McNamara ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. Church ® ^ ^ cc: File Dr. Jane James, Director of Technology Diane D. Hyatt, Chief Financial Officer Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board A-120302-3. c ACTION NO. ITEM NO. ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 3, 2002 AGENDA ITEM: Request for Appropriation of Learn and Serve Grant in the amount of $14,000 SUBMITTED BY: Mrs. Jan McLeod, Principal Roanoke County Career Center APPROVED BY: Elmer C. Hodge ~~'1 County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Family Service of Roanoke Valley offers the Teen Outreach Program to education for employment of students at RCCC with the support of the Learn and Serve Virginia K-12 grant. The Teen Outreach Program provides service learning experiences to students as well as guest speakers and other activities to reinforce the SOLs, strengthen critical thinking, and develop effective communication skills. The grant in the amount of $14,000 will purchase services from Family Service which will provide personnel to coordinate service learning placements, direct student activities, and allow for Roanoke County Schools staff to attend a conference for Teen Outreach Program planning and training. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of the Learn and Serve Virginia K-12 Grant to be utilized as stated. (Grant Award #02-03SFVA-K-12-80) VOTE: Supervisor McNamara motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. McNamara ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. Church ® ^ ^ cc: File Mrs. Jan McLeod, Principal, Roanoke County Career Center Diane D. Hyatt, Chief Financial Officer Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board M-I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2002 July 1, 2002 Explore Park Loan Repayment Unaudited balance at December 3, 2002 Changes below this line are for information and planning purposes only. Balance from above of General Amount Fund Revenues $9,070,656 6.93% $25,000 $9,095,656 6.95%~ $9,095,656 $9,095,656 6.9 Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2002 - 2003 General Fund Revenues $130,889,561 6.25% of General Fund Revenues $8,180,598 Submitted By Diane D. Hyatt Chief Financial Officer ~~ ~~~ Approved By Elmer C. Hodge County Administrator I~~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited balance at June 30, 2002 $1,380,050.57 Remaining funds from completed projects at June 30, 2002 9,020.97 Unaudited balance at December 3, 2002 $1,389,071.54 Submitted By Diane D. Hyatt Chief Financial Officer Approved By Elmer C. Hodge ~ ~~ County Administrator ~~ t~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2002-2003 Original Budget $100,000.00 August 13, 2002 Special Assistant for Legislative Relations (18,000.00) Balance at December 3, 2002 $82,000.00 Submitted By Diane D. Hyatt Chief Financial Officer Approved By Elmer C. Hodge C`~ P County Administrator m ~I FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY 1997-1998 Original budget appropriation June 23, 1998 Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY 1999-2000 Original budget appropriation Less increase in debt service Nov 9, 1999 Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service FY 2001-2002 Original budget appropriation Less increase in debt service FY 2002-2003 Original budget appropriation Less increase in debt service Unaudited balance at December 3, 2002 Reserved for Future School Operations $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,855) 780,145.00 495,363.00 2,000,000 (1,801,579) 198,421.00 2,000,000 (465,400) 1,534,600.00 2,000,000 (2,592,125) (592,125.00) $8,521,219.00 FY2000-2001 Original budget appropriation July 11, 2000 SW Co Regional Stormwater FY2001-2002 Original budget appropriation July 1, 2001 School Budgeted Start-Up Costs HVHS/Glenvar Middle Junly 1, 2002 School Budgeted Start-Up Costs HVHS/Glenvar Middle July 1, 2002 Transfer to Operating in original 2002-03 Budget Unaudited balance at December 3, 2002 $1,500,000.00 (290,000.00) 1,500,000.00 (1,858,135.00) (35,047.00) (566,818.00) 250,000.00 Submitted By Diane D. Hyatt Chief Financial Officer Approved By Elmer C. Hodge ~~ County Administrator ACTION NO. ITEM NUMBER M' rj. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 3, 2002. AGENDA ITEMS: Statement of the Treasurer"s Accountability per Investment and Portfolio Policy, as of October 31, 2002. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 297,050.00 297,050.00 CASH INVESTMENT:: ALEXANDER KEY -LIR 9,547.99 9,547.99 CERTIFICATE OF DEPOSITS: BRANCH BANKING & TRUST 1,000,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 1,100,000.00 COMMERICAL PAPER: EVERGREEN - G.O. 2,842,020.56 SUNTRUST -CAP 1,539,007.37 4,381,027.93 CORPORATE BONDS EVERGREEN - G.O. 1,288,943.85 PAINE-WEBBER -LIR 213,706.67 1,502,650.52 GOVERNMENT: ALEXANDER KEY 15,017,250.00 ALEXANDER KEY -Sub Acct 3,935,385.00 EVERGREEN - G.O. 8,634,124.76 SUNTRUST -CAP 9,845,759.90 37,432,519.66 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.} 10,901,901.55 10,901,901.55 MONEY MARKET: ALEXANDER KEY -LIR 3,847,919.89 EVERGREEN - G.O. 152,855.22 FIRST UNION 2,280,707.32 ALEXANDER KEY -Sub Acct 303,549.65 SUNTRUST -CAP 3,881,299.02 SUNTRUST -SWEEP 2,130,007.06 12,596,338.16 TOTAL 68, 221, 035.81 Pg1of2 ~~ ACTION NO. ~~ ITEM NUMBER a^" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 3, 2002. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of October 31, 2002. SUMMARY OF INFORMATION: STAFF RECOMMENDATION: Respectfully Submitted t- Alfrted C. Anderson County Treasurer Appro~fve~~d by: Elmer C. Hodge County Administrator ACTION Approved ()Motion by: Denied () Church Received () Johnson Referred {) McNamara To {) Minnix Altizer VOTE No Yes Abs Pg2of2 m_c, COUNTY OF ROANOKE, VIRGINIA REPORT OF SALE OF WATER TO THE CITY OF ROANOKE Period June 2002 Revenue (1) Expenses (2) Net Revenue from Sale of Water Rate Gallons Billed Amount $ 2.75 104,744,285 $ 387,046.78 (144,462.73) $ 242,584.05 Quarter Ended September 30. 2002 Revenue: (1) July 2002 August and September 2002 Total Revenue $ 2.97 88,497,883 $ 262,838.71 $ 2.97 206,186,409 612,373.63 399,428,577 $ 875,212.34 Expenses: (2) July through September 2002 Net Revenue from Sale of Water (343,625.24) $ 531,587.10 The net proceeds from the sale of water to the City are kept in the water fund, where they will be available to fund future expansions to the water distribution system. Notes: (1) Amounts billed to the City of Roanoke represents the excess of traded water with the County. (2) Incremental costs include an increase in the Water Fund's operating costs, equipment and supplies, additional mailings and purchased water from Vinton. Submitted By: Diane Hyatt Chief Financial Officer Approved By: E./,~ Elmer C. Hodge t~` County Administrator O N j,. i M ^~. a~ U w W W N OO M O M O O O (/~ C .~ ~Q ~ f.Q ~ Q ~bD .~ C a G 1~~ ~1 w w d ~~ w w v v L 6) ~"~ i.i O a C O .~ .; b O U 6~ •L a .G b a~ a 0 bD a> y ~ ~ o ~ ° z o .~ a L O ~ "~ 0 U O O O .~ H N C O Y O 1M. C O .~ G O w o~, O N O M O M O O O O C O .~ C%] H M N C O U N O C O .~ O w O O N O M O M O Q~ O O O O C O .~ O H h C O U N O O O_ C O .~ ~C C. 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N N b O O C O .y O w O O N O O O 7 O O O O O .~ O H N C O U N O r .M-+ C O .y O w O O C w ^C '~ ~. ~i ~', ~ ~ ~' ~ ~ ~ ''' ~i Q Q a~ a~ o '~' ~ '~' U ~I~~ r 0 c U U 0 N N O O O O O .--~ M M M M O O O O ~ ~ ~ ~ .M. .Mr ,M. ,M-i O O O O ~ O O O O O O C M N + O O O + O O ~ '" + ~ O y ~`~ V] + O O O ~ .y ^ . ~ O C/] 00 V] -• .~ H ~ H Y ~ U i-. C C `~' C ~ O M O ,M^-i v~ ~ i ti O ~./ Y ~~ 7 U O ~ .ON.. O O O O + O + O ~ + ~ + O _ O O_ C C C C O O O O +y~+ ~ ~ ~±~ ~ ~CC G ~ G O O O O w w w w ~ ~ ~ ~ ~ O O ~ O O O O i O Ll~i N ~ N C O O a. '~ CO CYO Q ~ ~ ~ x > O O ''' ~ w w ~ U ~ ~ ~ O a a a ~n-7 O O N N i N 0 z a CS O i ~ O O O tl tl 0 U w O O I d O ~, C 0 m w .y ~4 U ~; N ti .y .N 0 N U O 5 f~ ? V W M W ~r C/~ C 0 ~Q ~ ~ O CC ~ Q H ~ .~ C .~ .~ L 6~ F L ~ ~ ~ ~ ~ ~'' ~0 a w C O o ;~ ~~ ~ U '~ ~O ~ a V ~ ~ b ~ ~ '~" p O ~" w ~ y a> ~ ~ o ~ ~ ~ z v a L o~ o o 0.! U O .r M O 00 N O 0 0 _~ a 0 .~ H N G O U N ti ~..~ O M G O .~ G O w 0 o~ 0 0 N O M O O~ N ~n O O rn a .~ H 00 C O U N O .~-w C O .~ O w 0 0 O M O .-. O~ N M O O N ~O M O W N v's N O C 3 a~ c rn rn 0 0 c 0 .~ 0 H 0 .y U N O O V1 O ~~ V c a w~ N 0 C O ^O a~ o ~ Q ~ ~ ~i ~r 7 ti ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ U N N :~ '~ U ° c ~ rz c~ 3 ~ o o ~_ C bD RS a .~ oD e~ U z 0 H m? ACTION NO. ITEM NO. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: December 3, 2002 Update on Fire and Rescue Station Expansions and Renovations Dan O'Donnell Assistant County Administrator Elmer C. Hodge f County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Chief Burch will be present to bring the Board of Supervisors up to date on the improvements to the Fire and Rescue stations. Substantially complete projects include Clearbrook, Mt. Pleasant and Mason's Cove. We are currently working with the Read Mountain Fire and Rescue Department to proceed with a bay expansion at that station. Chief Burch will explain the steps that must be taken to begin construction at Read Mountain. Currently Vinton is in preliminary design stages to renovate their facilities as well, which is the final project to be considered in the current round of Fire and Rescue Station improvements. FISCAL IMPACT: There is currently a balance of $307,000 in the capital account for Fire and Rescue Station improvements. The Read Mountain Fire and Rescue Department has agreed to partner with Roanoke County by paying for 60% of the cost of the expansion. Chief Burch will bring the Board up to date on specific costs for this project. The Vinton renovations are in preliminary stages and cost estimates are currently not yet available. RECOMMENDATION: There is no Board action necessary on these projects at this time, as funds have been previously appropriated. This is an informational work session only. 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 3, 2002 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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. ~F POaNp,~~ ~ ~ A ~ z c> 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph B. "Butch" Church, Chairman Catawba Magisterial District Joseph McNamara, Vice-Chairman Windsor Hills Magisterial District December 4, 2002 Reverend Ed Woodard Oak Grove Church of the Brethren 2138 McVitty Road, SW Roanoke, VA 24018 Dear Rev. Woodard: Michael W. Altizer Vinton Magisterial District Richard C. Flora Hollins Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, December 3, 2002. We believe it is most important to ask for divine guidance at these meetings, and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, Joseph B. "Butch" Church, Chairman Roanoke County Board of Supervisors FAX: VOICE MAIL: OFFICE: 540 772-2193 (540) 772-2170 (540) 772-2005 ( ) E-MAIL: bos ~ co. roanoke.va. us ya c~N~' -1 ~I `• a ''cam ~'Mhlt `lJ®L~ilV1l®~~4d~4J~~ ~f ~~~~LL ~LL~ DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 PHILIP A. SHUCET COMMISSIONER November 13, 2002 Mr. Elmer C. Hodge Roanoke County P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The enclosed report contains a list of all changes to the Secondary System of State Highways in your county approved by the State Secondary Roads Engineer in October 2002. All additions to and abandonments from the Secondary System are effective the day they are approved by the State Secondary Roads Engineer. This date appears in the far right column of the monthly report. These changes will be presented to the Commonwealth Transportation Board at its monthly meeting on November 21, 2002. If you have any questions or comments about this report, please call Martin Law at 786-7399. James S. Givens ntiti State Secondary ads Engineer JSG/MII ~~s~a VirginiaDOT.org WE KEEP VIRGINIA MOVING Nnu-~5-2002 0246 OSTERHOUDT PRILLAMAN NATT 540 772 0126 P.01 OSTERHOUQT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Edward A. Natt Direct: {540} 725.8180 Fax: (540) 772-0126 F17( To: Diane Childers, Clerk From: Edward A. Natt board of Supervisors /csb County of Roanoke Fax: 772-2193 Pages: 3 Re: Cotton Hill Land Company Date: November 25, 2002 D Urgent ^ For Review ©Please Comment ^ Please Reply Q Please Recycle • Comments: The information contained in this facsimile message is attorney-privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 1f you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U. S, Postal Service. We will reimburse you for postage. Thank you. w LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, December 17, 2002, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: November 29, 2002 Diane Childers, Clerk Please publish in the Roanoke Times Tuesday, December 3, 2002 Tuesday, December 10, 2002 Direct the bill for publication to: Edward A. Natt, Esquire Osterhoudt, Prillaman & Natt 3912 Electric Road Roanoke, VA 24018 (540) 725-8180 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 READ MOUNTAIN FIRE & RESCUE DEPARTMENT COMPANY 12 Serving to Preservet Roan ke County and Property m Eas ~~~~eS~~0~2<ou~ County ~~ ~~~u c Roanoke County Board of Supervisors Economic Development Tour December 3, 2002 11: 30 AM Departure Roanoke County Administration Center 11: 50 AM Clearbrook Overlay -Sims Automotive Project Indian Grave Road 12:30 PM Valley Gateway • Shell Building 1:30 PM Center for Research and Technology • Glenmary Drive Construction Project • Novozymes • Visual Enhancement Project 2:30 PM Arrival Roanoke County Administration Center *Box lunch will be provided. ,. - ,,:- .~!-:~° ,~ ~,~ ,_, ;~~ www.roanokeimpact.org IMPACT IMPACT's Pre-disaster Mitigation Program: History and evolution 1. Serving as a catalyst to bringing new foundation and governmental resources or to apply existing resources differently to "leverage their effectiveness in helping protect our land and water, while securing our citizens from natural and other disasters. 2. Bridging among the private sector, the environmental community, government (on all levels) and academe to initiate and to assist comprehensive planning for disaster mitigation and for environmental sustainability. 3. Providing education and promoting dialogue and coordinated action by the different constituencies concerned with problems that can most effectively be mitigated and remediated regionally and at watershed scale. 4. We hope to change the way our culture uses water by promoting conservation and reuse, thereby lessening the impact weather conditions beyond our effective control. 5. Supporting for the formation of the bi-state Roanoke River Basin Commission. 6. Supporting of the Roanoke River Basin's membership in the Albemarle-Pamlico National Estuary Program (APNEP). 7. Producing a major low-impact development conference and workshops entitled "Living Within Nature: Mountains to Sea" at the Hotel Roanoke, November 21- 22, 2002. 8. Initiating and coordinating a Roanoke Valley Regional/Urban Design Assistance Team (R/UDAT) 9. Opening a "Storefront Studio" engaging institutional partners such as the Science, Art, History and Transportation Museums 10. Initiating a series of "Safe and Sound" Research and Demonstration Projects. NOVEMBER 29 -DECEMBER 2, 2001 SKIRBALL CULTURAL CENTER LOS ANGELES, CALIFORNIA THE AMERICAN ASSEMBLY COLUMBIA UNIVERSITY THE FIFTH ASSEMBLY IN THE UNITING AMERICA SERIES PREFACE n November 29, 2001, fifty-three men and women from gov- ernment, business, and nonprofit organizations gathered at the Skirball Cultural Center in Los Angeles, California for the Ninety-Ninth American Assembly entitled "Uniting America: Collaborating to 1Vlake Democracy ~h~ork." An additional five participants joined the process for one day by teleconference. The participants worked together over a period of three days to prepare this report on ways to encourage and enhance collabora- tion among the three sectors in American public life. This was the fifth in The American Assembly series entitled Uniting America: Toward ~'ommon Purpose, which is designed to help reverse some of the most difficult and divisive forces in our society. This Assembly analyzed a series of profiles of collaboration in order to suggest lessons for social entrepreneurs who are involved in and/or considering ways to collaborate in solving community and national problems. In addition, as with all American Assemblies, this one offered concrete policy recommendations based on the consensus developed from a wide spectrum of people working together to help offer solutions to some of our country's most vexing problems. John W. Gardner chairs this project. He is now Consulting Professor, School of Education, Stanford University. The co-direc- tors are Claire L. Gaudiani, President of the New London Development Corporation, Senior Research Scholar, Yale Law School, and former President of Connecticut College; William George, Chair of the Board and recently retired CEO of Medtronic, Inc.; and James Joseph, former U.S. Ambassador to South Africa, President and CEO of the Council on Foundations (1982-95), and currently Professor at the Sanford Institute of Public Policy, Duke University. Additionally, this Assembly benefited from the advice of an advisory committee that inet in October of 2000 and again in January of 2001, and whose names are listed in Appendix A. This Assembly explored the changing dynamics in the inter- action between and among the business, government, and non- profit sectors. Specifically, it examined how these increasingly interdependent sectors can work together more effectively to strengthen the fabric of our society. The focus of the examination -1- was collaborations that have had an impact on the priority issues that were the basis for the four previous Assembly projects in this series: sustaining economic growth with greater opportunity, the place of religion in public life, policies for strengthening American families, and racial equality. We recognized that various different kinds of collaborations among the three sectors have been under- taken for many other purposes, including public policy collabora- tions by The American Assembly and others. However, this Assembly was limited to those collaborations that have an impact on the four sets of issues considered in this series in order to maximize our contribution to uniting America. Participants attending the Assembly identified the most appro- priate ways to enhance cross-sectoral cooperation that helps reverse these divisive forces. This included naming best and worst practices, as well as additional lessons, that were drawn from case studies and from their personal knowledge and experience. In the aftermath of the September 11, 2001 terrorist attack on America, we believe this project became all the more urgent and timely. The longstanding divisive forces in American society have been temporarily obscured by a vulnerable sense of unity built perhaps more on anger, fear and determination than on full understanding of the forces at work. The new stresses we face, including a declining economy and heightened tension from actual and threatened terrorist attacks, will likely exacerbate those forces if we don't develop new and better approaches to reverse them. The sixth and final Assembly will leverage the work of the entire Uniting America series by re-convening the Leadership Advisory Group for its final meeting-a two-day Assembly in March of 2002. After reviewing the recommendations made by each of the previous Assemblies and taking into consideration the changing national and international landscapes, the Leadership Advisory Group will prepare and issue a comprehensive report of the entire Uniting America series. This final Assembly will serve as a springboard for the National Dialogue, which will be based substantially on the Leadership Advisory Group's report. In designing our present National Dialogue, we have built on President Eisenhower's similar use of The Assembly to create a national dialogue in 1960. This National -2- Dialogue will provide a forum for individuals in hundreds, possi- bly thousands, of communities to come together to discuss one or all of the UnitingAmerica issues. We will encourage participating groups not only to identify the issues of greatest relevance to their own locales, but also to develop an action plan with policy recommendations to help better their community, thereby build- ing amore uniting America. ~'Ve are currently developing a network of national organizations with local affiliates to serve as the infrastructure for the network. To support and extend the National Dialogue, we will make use of Internet-based technolo- gies, including among others, an interactive website with message boards, links to other relevant sites, and online polling. We will also issue the Leadership Advisory Group report to thousands of individuals and organizations via traditional mailings, distribution of CD-ROMS, and by posting the down- loadable file on our website. The Uniting America series began with the June 1999 Assembly on economic growth and opportunity, held in Atlanta, Georgia and was followed by the Assembly on religion in public life, held in March 2000 at Arden House, the home of The American Assembly in Harriman, New York. The third Assembly focused on issues confronting American families and was held in Kansas City, Missouri, September 2000. Racial equality, the fourth Assembly, was held in April 2001, also at Arden House. The American Assembly developed this series in close coopera- tion with the leaders who form our Leadership Advisory Group, and whose names are listed in Appendix B of this volume. This group is co-chaired by three Assembly trustees: David Gergen, JFK School of Government, Harvard University and The NewsHour with Jim Lehrer; Karen Elliott House, President, International, Dow Jones & Company, Inc., The Wall Street Journal; and Donald F. McHenry, former Ambassador to the United Nations and current University Research Professor at Georgetown University's School of Foreign Service; and also included Paul O'Neill, former Chair, ALCOA (on leave for govern- ment service as Secretary of the Treasury.) The American Assembly gratefully acknowledges The Ford Foundation, Walter and Elise Haas Foundation, The David and Lucile Packard Foundation, and Rockefeller Brothers Fund, whose generous support helped make this Assembly possible. Our -3- appreciation is also expressed to those who have provided signif- icant funding for the series in general and other specific Il7aitijig America Assemblies: The Ford Foundation The Goizueta Foundation The Coca-Cola Company Lilly Endowment, Inc. The Henry Luce Foundation, Inc. Hallmark Corporate Foundation The McKnight Foundation Surdna Foundation, Inc. Ewing Marion Kauffman Foundation Charles Stewart Mott Foundation The Rockefeller Foundation Robert W. Woodruff Foundation, Inc. Xerox Corporation, U.S.A. Foundation for Child Development The Hauser Foundation, Inc. The Annie E. Casey Foundation Bradley Currey, Jr. The American Assembly takes no position on subjects that it presents for public discussion. In addition, it should be noted that the participants took part in this meeting as individuals and spoke for themselves rather than for the organizations and insti- tutions with which they are affiliated. We would like to express special appreciation to the discussion leaders, rapporteurs, and co-directors for their fine work in help- ing to prepare the first draft of this report: Anita DeFrantz, Chris Gates, Claire Gaudiani, William W. George, James A. Joseph, Charles E.M. Kolb, Ellen l~~IcCulloch-Lovell, Carol Prendergast, Bruce Sievers, Edson Spencer, and Harris Wofford. Daniel A. Sharp President & CEO The American Assembly -4- I~'I~IAi~ I~i~P~I'~'f of the NINETY=NIN'i,H AMERICAN ASSEMBLY At the close oftheir discussions;.the' participants: in the Ninet~r- Nixith ~mericanAssembly;Ur~itinaxnzericu.: Col~a.borating to ~11ake D~l~t,oc;rac~, 1~'ork, at the, Skirball Cultural Center, Lo ~liigeles, California, No~-enibex~ 2J-December 2,2001, re~-ie~~-edas agroup the follo~t~ing statement. T11is statement x•eE~x•esents general agree- . went; 1io~~re~-er, no one eras asked to sign it, nor did e~-er~~one agree ~~~itlx all of it. PREAMBLE: Building Community by Design ince long before September 11, Americans have been inspired by countless examples of how as a nation we are both healed and bound together by our support for each other. Now more than ever, the time is ripe to expand on the many areas of collabora- tion that have brought people together in order to build the social, human, natural, and economic capital of our nation for all its citizens. The psychiatrist and noted author Scott Peck has written that we build community out of crisis and we build community by accident, but we do not know how to build community by This report addresses design. The problem with . building community out of how we build COmmunity crisis, he contends, is that by design. once the crisis is over so is the co~nznunity. This report addresses how we build community by design. The Significance of Collaboration Among Sectors This American Assembly report was created by more than fifty representatives from three sectors of American democracy- government, business, and nonprofit. It describes how some of our country's more complex problems can yield to comprehensive -5- solutions when addressed by inclusive groups of people of good will and competence. Both idealists and pragmatists, people from each of the three sectors struggle together and teach each other how to invent new ways to commit resources to old problems. They persevere long enough to see real changes in people's lives and in the health of their communities. The central message of this report is that through collabora- tions among the three sectors creative solutions to intractable problems are possible in our society. Collaborations have ..t~irougll collaborations the power to deal with diffi- cult issues while embodying among the three sectors fairness because they include creative sol~ations to voices otherwise excluded. intractable problems are The increased effectiveness of possible in our society. collaborations emerges from their promotion of cooperation rather than competition. As a result, communities are trans- formed.Although this American Assembly project was begun long before the terrorist attacks, the report should be of special inter- est to all those who want to build upon the civic compassion so many Americans now feel as they work together for the common good. Profiles of Collaboration The observations and recommendations presented in this report emerge from an examination of profiles of collaboration from across the country and from the participants' own profes- sional experience. The report specifically looks at: • The 1Veed for Collaborations Among Sectors • Characteristics and Limits of Collaborations • Encouraging and Enhancing Effective Collaborations • How Collaborations Build Community America has grown strong because each sector-government, business, and nonprofit-has had leaders willing to reach beyond the expectations of their specific sectors and invest in building for -6- the common good. Our history is replete with examples of how collaboration among the three sectors has, from our earliest days, contributed to our progress in establishing justice, providing economic opportunity, and promoting the general welfare. In a time of rapid change in America and the world, the need for collaboration is especially critical. Einstein said, "The world we have created today as a result of our thinking thus far has prob- lems which cannot be solved by thinking the way we thought when we created them." Therefore, the best minds from each sector must come together to share what they know and learn from one another. Each sector has a role to play in building the benefits of our democracy for all citizens. All evidence points to the fact that collaboration not only maximizes impact, it also offers the best hope for uniting America. THE NEED FOR COLLABORATIONS AMONG SECTORS In seeking to unite America and snake democracy work in the 21st century, we need to face and solve entrenched and complex problems. The list of our nation's specific needs is long and daunt- ing, and includes, among others, improving education, workforce development, affordable housing, health care, family well-being, child and elder care, environmental preservation, community and cultural development and all the many aspects of urban and rural poverty. While many enjoy a wealth of new opportunities, far too many others are being left behind. These pressing human needs call for urgent action and persistent long-term commitment. Past experience suggests that working alone no single sector can address these challenges effectively. The failings of the government social safety net system offers clear current evidence of this. Earlier in our history, well meaning efforts by pri- .n0 single sector can vate charity and by business, each working alone, also address these challenges failed to create the progress effectively required by families living in poverty. How do we muster the necessary energy, effectiveness, and will to tackle this agenda? We believe that government, business, and nonprofits, working together with engaged citizens in every community, have the power to design and build approaches for -7- making dramatic progress on each of the nation's most persistent problems. The goals of our democracy require that we mobilize our collective resources in this participatory way and commit to the task. In the devastated communities of New York City and Washington, D.C. are examples of national and local resolve to address the significant challenges using collaboration among the three sectors. The impacted areas will be rebuilt and In the devastated communities of renewed by the New York City and Washington, leadership and D.C. are examples...forged in the resources of city fire of a terrible emergency... state, and federal government, large and small businesses and nonprofits, including educational, reli- gious, and community organizations, as well as direct service providers and charities-all working together with determina- tion. These examples, forged in the fire of a terrible emergency, are prompting America and its communities to develop a sense of moral urgency about our neighbors' human needs. Such collaboration by government, business, and nonprofits springs forth in every major disaster. It is a proven way to secure the maximum resources of people, money, and contributions in kind, not only for the immediate emergency, but for the recovery of families and communities. The most pressing, continuing prob- lems of the nation require no less. Another reason collaboration is so often the best strategy is that our worst problems are increasingly intertwined. Each of the three sectors' unique comparative advantages, when combined, have the potential to provide the needed com- Another reason collaboration prehensive solutions. is so often the best strategy Moreover, the nonprofit is that our worst problems and business sectors are are increasingly intertwined. now expected to play larger roles in collabora- tions. The models we use for measuring failure and success are also changing. There is growing recognition that human and natural, -8- as well as economic, capital are part of a new conceptual frame- work. We need measures of progress that not only count the pace of economic activity, but also measure whether people are actual- ly better off. We also need new approaches for achieving socially and environmentally sustainable development. Such efforts would uniquely benefit from creative, cross-sector collaborations. We have examined the growing body of l~nowledge on collabo- rations to determine what has worked and what has failed. We have observed the growing experience of collaborations and find that in o-ur democracy, citizens are responsible for civic progress-at the polls where they choose the government, in the great arena of educational, religious, and charitable organiza- tions, and at the places where they work. Additionally, we have concluded that leaders of nonprofits, government, and business organizations need to understand snore fully the great power of collaboration and to use it effectively. Most problems demand leadership from local communities. A national problem, however, calls for national leadership, whether from the "bully pulpit" of the White House or from the CEOs of the business and nonprofit sectors. Ultimately it is the responsibility of government to guar- antee that no communities and no Americans are left behind. As problem by problem, community by community, collaboration suc- ceeds, we demonstrate that our democracy is indeed capable of uniting the American people and making the blessings of liberty a reality for all. CHARACTERISTICS ANI) LIli~IITS OF COLLABORATIONS If the importance of collaboration is clear, the means of accom- plishing it are not always evident. Successful collaboration requires hard work, resources, and commitment from all partici- pants. The growing body of experience provides important lessons about the factors leading to the success or failure of collaborative enterprises. Successful collaborations exhibit a number of common characteristics: • They address demonstrated needs and concrete problems; • They exhibit clear visions and tangible goals; • The role played by each organization is well-defined; -9- • Partners have shared values related to the problems, agree- ment on approaches to solve them, and mutual respect and trust for each other; • They benefit from strong leadership by champions who stay the course and part- ners who anticipate a long time horizon; • All partners have the potential to derive clear benefits from the engagement; Successful collaborations exhibit a number of common characteristics...All partners have the potential to derive clear benefits from the engagement... • They have core funding committed from funders willing to take risks; • They are comprised of partners who are close to the problem; • They genuinely involve community members; and • The organizations involved act strategically to identify the full range of essential stakeholders. Challenges and Barriers Collaborations, while a powerful problem-solving tool, often face substantial challenges both to their work and to the very process of developing cooperation. These challenges reflect a vari- ety of built-in differences among the three sectors. Differences in access to resources, measures of accountability, definitions of success, and institutional cultures make the process of developing collaborations among government, business, and the nonprofit sectors both deeply complex and seriously challenging. Some of these challenges include: • Turf protection and mistrust; • Organizations that overwhelm partners because of the amount of resources available or the level of passion about an issue; -lo- ® An excess of advocacy and a lack of true dialogue that undermine the collaborative process; • Finding ways for business to participate in collaborations consistent with their focus on profits and competitiveness; • Leaders who are leery of being lectured about their moral responsibility; • Blurred roles that lead to unclear lines of accountability; ® Organizations that believe participation in larger collabora- tion dilutes their own efforts and resources; • Government officials who inay be reluctant to expose failed efforts to the voters; and • Fear by nonprofits of actions that might alienate individual donors and other funders. Limits to Collaboration Collaborations can be extremely productive in many circum- stances, but they are not always appropriate or likely to succeed. Some issues may be best addressed by organizations from a particular sector. Other issues inay be tackled by individuals long before they are recognized by existing organizations. Factors that limit collaboration include the following: • A critical lack of continuity from high turnover of both business executives and political leadership; • Unresponsive, inflexible, and bureaucratic government that can make it an ineffective partner; • Constraints on small nonprofits, businesses, and municipal governments because of a lack of time, personnel, and funding; • Distortion of nonprofits' missions by their need to attain measurable results; • Disagreements based on fundamental values that are only temporarily masked by collaborative approaches; and • Difficulty in starting or sustaining collaborative efforts because of fragmentation and lack of credible leadership. -11- Lessons Learned: ~Iow to Make Collaborations Work Innovation is brought into the mainstream by identifying cutting-edge practices, disseminating information about those practices, and encouraging others to adapt them to their own situations. It is critical to identify key lessons learned by those engaged in the difficult work of collaboration. By learning from both the successes and failures of the communities and organiza- bons that have come before them, others will successfully be able to employ collaboration. Among the lessons we have learned are: • Collaborations can begin as either top-down or bottom-up efforts, but must engage the entire spectrum of stakeholders; • Local and national collaborations require different strategies and approaches; Collaborations can begin as either top-down or bottom- up efforts, but must engage the entire spectrum of • Horizontal collabora- tions, where partici- Stakeholders... pants have shared power, often have better chances for success; • It is essential to reach out to a new generation of corporate leadership and engage them more effectively in community life; • Collaborations benefit by beginning with at least one committed funder; • Tangible goals, even when only incremental, help move collaborations forward; • Effective collaborative efforts should involve individuals from the community in both the development and core work of the project; and • Participants should enter into collaboration prepared for an appropriately long time horizon. -12- ENCOI.TRAGING AND EN~IANCING EFFECTIVE COI.LAI~OIi,ATION Business, government, and nonprofits control extensive resources-human, cultural and economic capital, and natural assets. Together, they possess enormous power to improve and transform the lives of all Americans. When collaborating to bring their. strengths together to bear on community needs, these part- ners would enhance success by: 9 Examining the reality of how change actually occurs; . Investing in research to learn about why collaborations succeed or fail; and Sustaining work over the long terra-both when progress is slow and when results are being achieved. Partners must examine their own policies and priorities to change practices that discourage collaboration and to clear away barriers. Partners must pass on what they learn from failures and successes and create an ethos of collaboration among busi- ness leaders and workers, nonprofit board members and employ- ees, and elected officials and government staff. Both the urgency of the nation's problems and the existing barriers to cooperation require some changes in each sector. With more national dialogue, awareness, training, and research, collaboration can be stimulated through creative incentives provided by each of the three partners. RECOMMENDATI®NS: This Assembly made recommendations for specific policies and practices that will improve the chances that collaboration will be effective. Organizational power All three sectors should work together to create new structures and institutions as catalysts and brokers for collaborations- providing information, resources, and guidance to groups consid- ering such ventures. Intermediaries, like The Local Initiatives Support Corporation (LISC) and the Enterprise Foundation, -13- which stimulate local development, are two models for such struc- tures. The following rec- ommendations apply to all the partners in a collaboration. Each should: All three sectors should work together to create new structures and institutions as catalysts and brokers for collaborat~.o~is... a Review guidelines, programs, applications and reporting requirements to remove barriers to collaboration; • Commission research and evaluation, and provide recognition for model programs; and • Reward collaboration and use it as a criterion for organization performance. Leadership and training Leadership and training in effective collaboration are needed for people engaged in all levels of business, government, and the nonprofit world. Each should: • Dramatically increase the exposure of local, state, and national leaders to each sector; • Provide additional focus on, and funding for, training for effective collaboration opportunities; and • Create structures that develop genuine community participation and broader civic engagement. Research Each should: • Develop and screen appropriate quality of life indicators to define what constitutes a healthy community, including, but not limited to, such factors as percentage of owner-occupied housing units, percentage of low birth weight babies, teen pregnancy rates, percentage of family dissolution, high school drop-out rates, rates of joblessness and homelessness, and use of cultural and historic resources by all segments of community; -14- a Commission and use research on international and national trends that affect problems being tackled by collaborations; • Use research to enable collaborations to set goals and evalu- ate progress more reliably, such as applying effective citizen- engagement models and concepts of "human capital" to community building; and • Define assets of nonprofits so all partners know what the nonprofits have to offer in collaborations (i.e., credibility, `brand name', closeness to key constituencies) anal can tI~ere- fore play a more confident role. Business Businesses should examine the many ways their practices affect their communities. Business leaders should also examine the way business as a constituency affects broader national policy debates. Business executives should: • Take the lead in engaging community issues through collab- oration with leaders of the government and nonprofit sectors; • Ensure that a culture of collaboration and philanthropy is reinforced by headquarters and local offices, for example, by using community participation as a consideration in execu- tive review and reward; • Mentor rising executives in community leadership, and support opportunities for them to interact with members of the other sectors; • Recognize the value of healthy communities to business success, and the role of multi-sector collaborations in developing healthy communities; and • Work through new groups or existing ones such as the Committee for Eco- Business executives should: Take the lead in engaging community issues through collaboration with leaders of the government and non- profit sectors... -15- nomic Development (CED) and The Conference Board to become more effective advocates for the public interest in national debates-as opposed to engaging in political issues only where their firm or industry has a direct stake. Nonprofits Nonprofits should use their special credibility to convene business, government, and nonprofit partners, including civic, religious, and higher education institutions, to address commu- nity causes. • Colleges, universities, and other cultural institutions Nonprof"its should use can and should incorpo- rate civic engagements their special credibility throughout, and integral to convene business, to, every aspect of their government, and non- missions, management, profit partners... institutional practices, and educational or cultur- al experiences. A model can be found in the University of Pennsylvania's West Philadelphia Initiatives. • In light of current discussions about the role of faith-based institutions, we urge theirs to search for opportunities to collaborate with other sectors, especially in ways that promote reconciliation between conflicting groups and through providing leadership for individual and social change. Foundations should: • Increase support and long-term funding for collaborations; • Consider increasing annual distributions to a higher level than the minimum required by law, currently five percent of assets; and • Encourage emulation of other foundation programs such as The Annie E. Casey Neighborhood Program, that provides multi-year commitment to collaborative economic develop- ment. -16- Government Governments should: • Create and extend economic incentives, such as tax credits and student loan forgiveness, to support collaborations that address critical shortages of teachers, nurses, and healthcare workers in rural ar~d urban areas; • Expand targeted tax credits and other incentives that support collaborative ventures to increase affordable hous- ing, child and elder care, historic presez~%ation, inner city and rural economic development, and energy conservation; = Develop policy and legislative frameworks like the Community Reinvestment Act (CRA) that enable new collaborations and positively influence the public good; • Assure that more federal grants flow directly to municipali- ties instead of states to give local government the power to make decisions in collaboration with other partners based on need; and • Mobilize federal Cabinet departments and independent agencies (as is being done by the White House Office of Faith- Based and Community Initiatives) to support the expanded capacity of collaboration to meet the nation's needs, by offer- ing matching grants and other incentives. CONCLUSION: HOW COLLABOIi,ATIONS BUILD COMMUNITY Early in the 20th century, American citizens reshaped institu- tions in cur society that have contributed to the economic and social progress from which we continue to benefit today. During that Progressive Era, collaborations like Community Chest (United Way), American Red Cross, Girl Scouts and Boy Scouts, and community and family foundations, created new "habits of the heart" for the American people to improve our society and our democracy. Similarly, we owe future generations the innovative reshaping of our contemporary institutions to address today's challenges. The collaboration methods called for in this report represent important means of advancing our communities and our country. -17- As a cautionary note, we believe it is essential that the lan- guage of this affirmative vision not be permitted to mask the real- ities of fundamental inequities that exist today in our society. As participants in these collaborations progress toward their com- mon goals, they must keep in mind the tension between their noble visions and the realities faced every day by our least-privi- leged citizens. Rather than viewing new kinds of collaborations simply as ways of solving problems, we should see them as ways Rather than vicT,~ving new' of creating social capital and a more participatory kinds of collaborations democracy which include 8~n2ply as ~,~JayS Of sclVing healthy local communities problems, we should see and ongoing dialogues them as ways of creating among all sectors and citi- social capital and a more zens. We advocate a holistic approach that advances participatory democracy... racial equality, respect for religious differences, healthy families and children, educational opportunities, and economic self-sufficiency for all. We are pas- sionate in our belief that collaborations are the best vehicle to accomplish this kind of comprehensive change. Working together to solve intractable problems in our society, we are convinced that there is value per se in joint efforts across sectors to achieve healthy communities and in practicing democracy rather than just living in one. Collaborative efforts will build community by enhancing civic engagement and increasing citizen participation. We have learned through our experiences that when neighbors help neighbors, and even when strangers help strangers, both those who help and those who are helped are transformed. We call upon the leaders in the government, business and non-profit sectors to rise above their institutional self-interests to work actively together to meet the nation's needs and transform the laissez-faire notion of "live and let live" into the civic imperative of "live and help live." 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