HomeMy WebLinkAbout7/22/2003 - Regular
July 22, 2003
657
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
July 22, 2003
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of July, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:06 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. “Butch”
Church; H. Odell “Fuzzy” Minnix
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;Diane D.
Hyatt, Chief Financial Officer
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Samuel Belisle, Penn Forest
Church of God. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
July 22, 2003
658
Mr. Hodge requested that Item S-2, Certificate of Recognition to David
Barker, be removed from the evening session. Mr. Barker notified staff that he would be
unable to attend the meeting.
Mr. Hodge requested that an additional item of new business, request for
funding in support of the Project 50 capital campaign at Cave Spring High School, be
added to the evening session.
IN RE: BRIEFINGS
1. Briefing on the 2003-2004 Capital Improvement Incentive Fund
grant awards. (Debbie George, Chairman – Selection Committee)
Ms. George reported that in 1994, the Board of Supervisors, in response
to numerous requests for financial support from sports groups and other civic and
community service organizations, directed Parks and Recreation staff to develop a
matching grant program for those groups wishing to make improvements and/or
additions to parks and recreation facilities in Roanoke County. The program, the
Capital Improvement Incentive Fund (CIIF) was approved and implemented in fiscal
year 1994-1995. Since the program was implemented, there have been 91 grants
awarding a total of $502,237, to a variety of recreation clubs, school PTA’s and other
community service agencies. The estimated value of improvements to public facilities is
$1,474,554, which translates into a 3 to 1 return on Roanoke County’s investment. This
program has been so successful that other areas (i.e., Botetourt County) have
implemented similar programs.
July 22, 2003
659
Ms. George indicated that the grant application process is very
competitive. There were 16 applications this year requesting $77,080. The selection
committee, which is comprised of Parks, Recreation and Tourism Advisory Commission
members and staff, evaluated all applications based upon established criteria. The
groups that received grants for 2003-2004 include the following: Back Creek
Elementary PTA, Cave Spring National Little League, Glenvar Youth Boosters, Hidden
Valley Youth Sports, North Roanoke Recreation Club, Oak Grove Elementary School,
Pathways for Greenways, Roanoke County Schools, South County Softball League,
William Byrd Middle School, and Youth on Wheels.
IN RE: NEW BUSINESS
1. Request to amend the Public Use Manual to establish policies and
standards for the creation of youth sports recreation clubs in
Roanoke County. (Debbie Pitts, Assistant Director of Recreation)
A-072203-1
Ms. Pitts stated that Parks, Recreation and Tourism sanctions community
organizations to provide Roanoke County sponsored youth and adult sports leagues. In
order for a club to be considered, it must meet the sanctioning requirements outlined in
Section IV of the Public Use Manual, adopted by the Board of Supervisors in August
2002. After reviewing the standards, it was determined that the definition of recreation
clubs had not been clearly defined. To address this issue, the Parks, Recreation and
Tourism Advisory Commission directed staff to review the sanctioning policy and
July 22, 2003
660
develop amendments to include a more detailed definition of how a recreation club
could and should be formed in Roanoke County. Ms. Pitts stated that the quality of the
youth sports program is directly related to the organizational strength of the volunteer
recreation clubs in the community. The proposed amendment to Section IV of the
Public Use Manual has been approved by the Parks, Recreation and Tourism Advisory
Commission.
Ms. Pitts highlighted the following key points in the amendment which
differ from the existing policy: (1) Roanoke County Parks, Recreation & Tourism shall
not sanction or approve the use of County resources or facilities by clubs that duplicate
the existing services already being provided by the department or existing recreation
clubs. (2) A youth recreation club is a non-profit, chartered organization with bylaws
that provide youth team sport(s) for Roanoke County residents. (3) The service area(s)
or boundaries shall be based on Roanoke County public high school attendance zones.
Boundaries are based on Roanoke County public high school attendance zones and the
elementary schools that feed into those high schools. Currently boundaries are based
on the existing public high school attendance zones – Cave Spring, Hidden Valley,
Northside, Glenvar, and William Byrd. (4) Clubs shall have sufficient adult membership
to create a Board of Directors, to provide coordinators for each sport that it sponsors,
and to provide sufficient coaches and assistant coaches to work with the teams. (5)
Clubs must have sufficient revenue or funding to support their operation. (6) Clubs
July 22, 2003
661
must agree to abide by the department’s standards and policies as written in the
Community Use Manual.
Ms. Pitts reported that there are currently 10 recreation clubs sanctioned
by the department and all but four of the clubs meet the existing, as well as proposed,
standards. The four clubs that do not meet the proposed standards are Mount Pleasant
Recreation Club, Masons Cove Recreation Club, Cave Spring National, and Cave
Spring American Little League. The Mount Pleasant and Masons Cove clubs are the
only two clubs that do not serve an entire high school district - they serve one
elementary school. The Cave Spring National and Cave Spring American Little League
programs also do not serve high schools – they serve boundaries established by the
national little league organization. Staff is proposing that these four clubs be
grandfathered in as sanctioned clubs.
Supervisor Minnix questioned if there were a procedure for establishing
that the criteria for formation of a club has been met. Ms. Pitts stated that a sanctioning
request form must be completed and this form contains substantial background
information and requires the submission of documentation for all aspects except the
financial background. Supervisor Minnix instructed staff to be careful about using the
honor system for establishing that the criteria have been met.
Supervisor Altizer confirmed with Ms. Pitts that the reason that the Mount
Pleasant Recreation Club does not meet the proposed criteria is that they do not serve
July 22, 2003
662
an entire high school district. Ms. Pitts stated that other than this factor, the Mount
Pleasant club is well organized and has been in existence for many years.
Ms. Pitts also indicated that with respect to insurance coverage, the Parks,
Recreation and Tourism Department stresses to the clubs that they need to provide
some form of insurance coverage for their organizations. Clubs that choose not to do
so are required to sign a waiver form. Supervisor Minnix questioned who would be
responsible for expenses in the event a child is injured. Ms. Pitts stated that some clubs
carry additional accident insurance that is purchased by parents; for those clubs that do
not, the family’s personal health insurance would bear the expense. Ms. Pitts indicated
that there are very few serious injuries in the youth sports program.
Supervisor Church recommended making an audit of the recreation club’s
finances mandatory, as well as requiring certification of insurance.
Supervisor Minnix moved to approve staff recommendation, approve the
proposed amendments to the Public Use Manual. The motion carried by the following
recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Request from the Planning Commission for an extension of time
to analyze a Section 15.2-2232 request - Bent Mountain public
utility line extension, Cave Spring Magisterial District. (Janet
Scheid, Chief Planner)
July 22, 2003
663
A-072203-2
Ms. Scheid reported that the Planning Commission has submitted a
resolution which they adopted on July 1 requesting a 90 day extension to study the
request for a 14,000 foot extension of utilities from the Cotton Hill Road area to the Back
Creek Elementary School area. The Code of Virginia, Section 15.2-2232, allows the
Planning Commission 60 days to study this type of request. Ms. Scheid noted that the
Planning Commission met in a work session to discuss the request and felt that staff
and the Planning Commission would require additional time to thoroughly study the
proposal and hold the necessary community meetings. The Planning Commission is
requesting a total study time of 150 days.
Supervisor Minnix requested that the Planning Commission notify the
Cotton Hill and Back Creek civic organizations regarding this matter.
Supervisor Minnix moved to approve staff recommendation, approve a 90-
day extension to study the proposal. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor McNamara moved to approve the first readings and set the
second readings and public hearings for August 26, 2003. The motion carried by the
following recorded vote:
July 22, 2003
664
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. First reading of an ordinance to rezone 1.31 acres from AG-1
Agricultural Low Density District, to AV Village Center District,
and to obtain a special use permit on 7.37 acres to operate a
construction yard, landscape contractor, located at 5788 Kathryn
Drive, Cave Spring Magisterial District, upon the petition of
Ground Up, Inc.
2. First reading of an ordinance to obtain a special use permit to
operate a car wash located in the 1600 block of Washington
Avenue, Vinton Magisterial District, upon the petition of M. L.
Leonard, Inc.
3. First reading of an ordinance to obtain a special use permit to
construct an accessory apartment on .52 acres, zoned R-1 Low
Density Residential District, located at 5916 Blackhorse Lane,
Cave Spring Magisterial District, upon the petition of Richard J.
Sidor.
IN RE: CONSENT AGENDA
R-072203-3; R-072203-3.a; R-072203-3.g; R-072203-3.h; R-072203-3.i
Supervisor Minnix moved to adopt the consent resolution. The motion
carried by the following recorded vote:
July 22, 2003
665
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-3 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for July 22,
2003 designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 11, inclusive, as follows:
1. Approval of minutes – July 7, 2003 (joint meeting with Roanoke County
School Board and School Board Construction Committee) and July 8, 2003
2. Resolution of appreciation upon the retirement of Frank C. Wilkins, Sr., Police
Department, after twenty-eight years of service
3. Request to appropriate $28,250 from the state for fiscal year 2003-2004 for
the Child Care and Development Fund Program in the Department of Social
Services
4. Request to appropriate $122,500 from the state for fiscal year 2002-2003 for
Public Assistance Programs in the Department of Social Services
5. Request to accept additional state revenues and appropriate to the Sheriff’s
Office for fiscal year 2002-2003 budget. (Brent Robertson, Budget Director)
6. Request to accept and appropriate a Department of Motor Vehicles (DMV)
grant in the amount of $1,500 for DUI and safety restraint checkpoints and
roving DUI patrols
7. Request to accept and appropriate a Local Government Challenge Grant in
the amount of $5,000 from the Virginia Commission for the Arts
8. Resolution in support of Virginia’s students requesting that the General
Assembly commit to work for state funding of the Standards of Quality and
the legislative guidelines for higher education funding
9. Request to accept Garstview Circle and Millcrest Court into the State
Secondary System
10. Request to accept Horseshoe Bend Road extension into the State Secondary
System
11. Request to accept water and sewer facilities serving Bradford Place
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
July 22, 2003
666
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-3.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF FRANK C. WILKINS, SR., POLICE DEPARTMENT,
AFTER TWENTY-EIGHT YEARS OF SERVICE
WHEREAS, Frank C. Wilkins, Sr., was employed by Roanoke County on
February 16, 1975, as a Deputy Sheriff/Jailer, and also served as Deputy Sheriff/Bailiff,
Deputy Sheriff/Uniform Patrol; Police Officer, and Civil Process Server; and
WHEREAS, Officer Wilkins was one of the original members of the Police
Department which was established in 1990; and
WHEREAS, Officer Wilkins retired from Roanoke County on July 1, 2003, after
twenty-eight years and three months of service; and
WHEREAS, Officer Wilkins had the unique ability to form a bond with members
of the community and devoted many years to working in one-on-one relationships with
citizens; and
WHEREAS, Officer Wilkins received many letters of commendation which attest
to his excellent communication skills and his ability to instill confidence; and
WHEREAS, Officer Wilkins showed a great deal of affection for working with the
community, and will long be remembered by those residents that he served so well; and
WHEREAS, Officer Wilkins has served with professionalism and integrity, and
through his employment with Roanoke County, has been instrumental in improving the
quality of life and safety for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to FRANK C. WILKINS, SR. for twenty-eight years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-3.g IN SUPPORT OF VIRGINIA’S STUDENTS
REQUESTING THAT THE GENERAL ASSEMBLY COMMIT TO WORK
FOR STATE FUNDING OF THE STANDARDS OF QUALITY AND THE
LEGISLATIVE GUIDELINES FOR HIGHER EDUCATION FUNDING
July 22, 2003
667
WHEREAS, many students in Virginia’s public schools are at-risk of not learning
what is required to earn a high school diploma, enroll in a college or university or enter
the job market, and even the successful students who graduate are affected by schools
struggling to provide the level of educational quality they need and deserve; and
WHEREAS, teachers often find they do not have the tools or training necessary
to teach the subjects mandated for achievement of state standards and teachers’
salaries and the uncertain state support of salaries do not provide the kind of incentives
that attract and keep the most talented professionals; and
WHEREAS, state funding for public education does not reflect the true cost of
constructing, staffing, equipping, operating and maintaining schools that perform at the
level needed to support the foundation for standards of quality and learning, and the
costs of educating at-risk students create additional fiscal pressures on many school
systems; and
WHEREAS, not only are students being left behind, taxpayers are seeing the
increasing burden of higher local real estate tax rates as local governments try to pay
both their share and the state’s share of education costs and, when Virginia’s students
plan for higher education, they face additional challenges because legislative reports
also have verified that appropriate levels of funding have not been achieved for higher
education, and one of the worst results of reduced funding for college students is that so
many qualified Virginia students are denied admission because the faculty, buildings,
and equipment are simply not there to accommodate them; and
WHEREAS, the effects of being left behind without a high school diploma or a
college degree, especially for an at-risk student, are compelling. A Virginian who has a
high school diploma earns a lot more than one who does not. A degree from a
community college means more, and a four-year college degree means even more.
Education literally pays, in addition to its other quality-of-life benefits.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia urges the elected members of the General Assembly to
commit to work for additional state dollars to fully fund the actual costs of the Standards
of Quality and the legislative guidelines for higher education funding. These actions are
essential if our elementary, middle and high schools, community colleges, and four-year
colleges and universities are to meet the following goals:
?
Smaller classes in schools and colleges where teachers and faculty can provide
students the individual attention they need to learn and graduate on time;
?
Sufficient numbers of well-qualified teachers and faculty to give every student the
opportunity to graduate from high school and to have access to higher education
and opportunities for training and skill development;
?
Competitive salaries to attract and keep well-qualified teachers and faculty to
help students learn;
?
Modern, safe classrooms, laboratories, technology and equipment to provide the
July 22, 2003
668
environment in which students learn best;
?
Accountability and performance measurement at all levels for students, teachers,
faculty, administrators and others responsible for helping students learn.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-3.h REQUESTING ACCEPTANCE OF
GARSTVIEW CIRCLE AND MILLCREST COURT INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition Form SR-5(A), fully
incorporated herein by reference are shown on plats recorded in the Clerk’s Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department’s Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: None Required
Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara
Nays: None
RESOLUTION 072203-3.i REQUESTING ACCEPTANCE OF A
PORTION OF HORSESHOE BEND ROAD INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition Form SR-5(A), fully
incorporated herein by reference are shown on plats recorded in the Clerk’s Office of
the Circuit Court of Roanoke County, and
July 22, 2003
669
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999 for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department’s Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: None Required
Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara
Nays: None
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
5. Accounts Paid – June 2003
6. Report of claims activity for the self-insurance program for the
period ended June 30, 2003
July 22, 2003
670
7. Report from VDOT of changes to the secondary road system in
June 2003
IN RE: CLOSED MEETING
At 3:32 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (7)
consultation with legal counsel and briefings by staff members regarding a specific legal
matter requiring the provision of legal advice by such counsel, namely, cable television
franchise renewal negotiations; and Section 2.2-3711 A (5) discussion concerning a
prospective business or industry where no previous announcement has been made.
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: WORK SESSIONS
1. Work session to discuss the public information campaign for the
proposed Regional Water and Wastewater Authority. (Elmer C.
Hodge, County Administrator)
The work session was held from 4:11 p.m. until 4:50 p.m. and was
presented by Mr. Hodge and staff.
Mr. Hodge advised that the scheduled date to have the water and
wastewater authority in place is July 1, 2004. He reported that the Board and members
of Roanoke City Council will need to schedule joint meetings in late August and mid-
November to discuss issues prior to the public hearings in December. In mid-February,
July 22, 2003
671
the paperwork must be submitted to the State Corporation Commission. Mr. Hodge
reported that the rate analysis must be examined, as well as proposed rate changes.
He indicated that staff is ready to award the contract for the rate study at this time, and
the Board needs to consider the following issues: (1) Do they want to structure the
authority to conserve water? (2) How many representatives from the City of Roanoke
and Roanoke County should be on the board of the authority? (3) Who will be the
representatives? Should they be elected officials, staff, or citizens? There was general
discussion regarding the composition of the governing board of the proposed authority.
It was the consensus of the Board to schedule a work session at the first
meeting of each month to provide updates regarding the proposed authority. Mr. Hodge
advised that a public education team is in place and meets weekly. He stated that a
monthly newsletter is being prepared for distribution to employees and that this
information could also be sent to the area civic leagues. Staff from Roanoke County
and Roanoke City meet monthly regarding the authority. Mr. Hodge indicated that
Roanoke County is going beyond the joint team efforts to keep citizens informed of the
status of the water and wastewater authority – information is being prepared for
Roanoke County Today on RVTV-3, brochure mailings will be sent to citizens, and
public information teams are being formed to attend civic league meetings. Mr. Hodge
advised that it was important to fill the Director of Community Relations position which
has been vacant for 1½ years. It was the consensus of the Board to proceed with filling
this position.
July 22, 2003
672
Gary Robertson, Utility Director, presented the schedule for the
wastewater treatment plant upgrade (see schedule below).
20032004
JulyAug.Sept.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJuneJulyAug.Sept.Oct.Nov.Dec.
Contract A - $22,000,000
July 10 - Advertise for Bids X
Aug. 21 - Receive and open bids X
Sept. 15 - City Council approval X
Nov. 14 - Notice to Proceed X
Contract Time - 30 months X----------------------------------------------------------------------------------------------------------->
Contract B - $19,000,000
Jan. 5 - Advertise for bidsX
Feb. 19 - Receive and open bids X
Mar. 8 - City Council approval X
April 1 - Notice to proceedX
Contract Time - 24 monthsX--------------------------------------------------------------------->
Contract C - $2,500,000
Jan. 5 - Advertise for bidsX
Feb. 19 - Receive and open bids X
Mar. 8 - City Council approval X
April 1 - Notice to proceedX
Contract Time - 15 monthsX--------------------------------------------------------------------->
Sell Bonds (use actual costs forX
Contract A, estimate B,C) - Oct.
Sewer Rate Increase (tentative) - X
Jan. 2004
Notes:
Contract A - Wet Weather Improvements [Roanoke County Share: $5,390,000 (24.5%)]
Includes new influent pump station, preliminary treatment, primary clarifiers, BAF/Equalization Basin pump station, scum concentrator facilities, primary
sludge pump station 1 modifications, new primary sludge pump station, gravity thickener improvements, thickened sludge pump station, and disinfection facilities.
Contract B - Process Train Upgrades [Roanoke County Share: $4,655,000 (24.5%)]
Includes conversion to single stage, activated sludge operation, secondary clarifier and return activated sludge pumping modifications, new circular clarifiers and
return activated sluge pumping station, tertiary system modifications, effluent filter modifications, new effluent pump station, sludge digester
improvements, and site flood protection improvements.
Contract C - Administration and Maintenance Buildings [Roanoke County Share: $612,500 (24.5%)]
Includes new administration building, modification and expansion of existing maintenance building, replacement and upgrade of laboratory
cabinetry and equipment.
July 22, 2003
673
Mr. Robertson indicated that it will be necessary to carefully coordinate
Contracts A and B due to the overlap in these two projects. In response to an inquiry
from Supervisor Minnix, Mr. Robertson advised that both Congressman Goodlatte and
Senator Wampler have been contacted, but it does not appear that state funding is
available for this project. In addition, the average annual incomes in the area prevent
qualifying for grants.
Paul Mahoney, County Attorney, reported that the contracts will be
available for the Board to authorize at the end of August. He noted that all contracts will
be assignable to the new authority.
Diane Hyatt, Chief Financial Officer, advised that the bond sale to finance
the cost of the upgrade will be held through the Virginia Resource Authority (VRA) in
October 2003. The Board originally approved $9 million for this project at a borrowing
rate of 3.75%. Ms. Hyatt reported that the County’s share of the project is now $11
million, but it is anticipated that the rate may be lower due to declining interest rates.
She advised that the loan will be closed after the bids have been received for Contract
A and estimates for Contracts B and C will be used. She indicated that the funds are
reimbursed by the VRA and the money must be spent first and then submitted for
reimbursement.
There was discussion regarding a possible sewer rate increase to offset
the cost of the upgrade. Ms. Hyatt reported that the Board increased the sewer rate
8.6% in 2002 based on an estimated cost of $9 million for the wastewater treatment
July 22, 2003
674
plant upgrade; the County’s portion of the project cost is now $11 million. Mr. Hodge
advised that a rate study should be conducted to determine if additional increases will
be necessary.
In response to an inquiry from Supervisor Altizer regarding the drilling of
wells, Mr. Robertson reported that Roanoke County is working with a geologist on well
site studies but is not currently drilling any wells. He advised that all wells in Roanoke
County and Roanoke City will become part of the authority.
2. Work session to discuss the Old Cave Spring Road and McVitty
Road (Routes 1663 & 1662) Virginia Department of Transportation
projects, Windsor Hills Magisterial District. (Arnold Covey,
Director of Community Development)
The work session was held from 4:52 p.m. until 5:42 p.m. and was
presented by Mr. Covey and the following representatives from the Virginia Department
of Transportation (VDOT): Jeff Echols, Bill Manning, Randall Phillips, and Tim Dowdy.
Also present was Anthony Ford, Traffic Engineer with the County of Roanoke, and Liz
Belcher, Greenway Coordinator.
Mr. Echols reported that the cost for bike lanes along Old Cave Spring
Road and McVitty Road would be $228,000, with the County’s share totaling $114,000.
Supervisor McNamara indicated that before any decisions are made regarding bike
lanes, the Board should review the report being drafted by the Metropolitan Planning
Organization (MPO) establishing development standards for bike lanes in the area.
July 22, 2003
675
Mr. Covey advised that McVitty Road is designated on the 1995
Community Plan for wide shoulders, not bike lanes. Mr. Covey indicated that bike lanes
will substantially increase the project costs, and staff is recommending wide shoulders
on this road and connection into the greenway system. It was also noted that if bike
lanes are included, it may necessitate purchasing Honeytree Early Learning Center.
It was the consensus of the Board that planning staff will evaluate the
feasibility of proceeding with bike lanes in this area and, if feasible, where the bike lanes
should begin and end. This information is to be presented to the Board at the August
12 meeting.
IN RE: CLOSED MEETING
The closed meeting was held from 3:45 p.m. until 4:06 p.m.
IN RE: CERTIFICATION RESOLUTION
R-072203-4
At 7:01 p.m., Supervisor McNamara moved to adopt the Certification
Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-4 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
July 22, 2003
676
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.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: BRIEFINGS
1. Briefing regarding the Project 50 capital campaign for Cave
Spring High School (CSHS). (Terri Langford, President, CSHS
Booster Club; Dr. Martha Cobble, Principal)
The briefing was presented by Ms. Langford, Dr. Cobble, Laurence
Loesel, and Ben Dowdy.Also present were Tom Hall, Assistant Superintendent of
Personnel; Bill Irvin, Roanoke County School Board; and Allan Journell, Assistant
Superintendent of Administration.
Dr. Cobble reported that in January 2003, Mr. Loesel approached her
regarding Project 50. She advised that since that time, the young men involved in the
project have worked with the booster club, School Board, and School Construction
Committee to gather support for the project. She indicated that they have completed
July 22, 2003
677
their run across the United States and they would like to share some information with
the Board regarding the trip and the status of the project.
Ms. Langford reported that Cave Spring High School (CSHS) will
th
celebrate its 50 anniversary in 2006. She advised that the cost to upgrade the sports
facilities at CSHS is projected to be $1.5 million and to date, $67,000 has been raised.
She stated that campaign coordinators continue to pursue grants for the project, and
she noted that considerable exposure for Roanoke County was generated by the
Knights Crossing Run through 12 states from California to Virginia.
Mr. Loesel and Mr. Dowdy thanked the Board for their support and interest
in the project.
IN RE: NEW BUSINESS
1. Request for funding in support of the Project 50 capital campaign
at Cave Spring High School.
A-072203-5
Supervisor Minnix moved to appropriate $10,000 to the Project 50 capital
campaign from the Board Contingency Fund. Following a recommendation by
Supervisor McNamara, he amended the motion to also reserve an additional $5,000 in
the Board Contingency Fund for subsequent distribution for an amount equal to 1% of
the funds raised.
Supervisor Flora requested that the same consideration be given to other
schools County-wide for similar future requests.
July 22, 2003
678
The motion carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of recognition to Cave Spring High School for being
certified as a Parent Involvement School of Excellence by the
National PTA
Chairman McNamara presented the certificate to the following individuals
who were present to represent Cave Spring High School (CSHS): Dr. Martha Cobble,
Principal; Bill Irvin, School Board Member; Kay Harvey, PTSA President; Victoria
Weeke, Volunteer Coordinator at CSHS; and Tom Hall, Past PTSA President.
2. Certificate of recognition to David Barker, Glenvar High School,
for winning the 125 pound State Group A Wrestling Championship
This item was removed from the agenda due to the fact that Mr. Barker
was unable to attend the meeting. The certificate will be mailed to Mr. Barker who will
be enlisting in the military in August and will not be able to attend a future meeting.
3. Resolutions of appreciation upon the retirement of the following
volunteers after thirty-five years of service:
(a) Volunteer Fire Chief Norman Darnall, Masons Cove Fire
Department
R-072203-6
July 22, 2003
679
Chairman McNamara presented the resolution to Volunteer Fire Chief
Darnall. Also present was his wife Carolyn; daughters Cindy and Cameron, step-
daughter Terri; and grandson Trey.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-6 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF NORMAN DARNALL, VOLUNTEER FIRE CHIEF,
ROANOKE COUNTY FIRE AND RESCUE, AFTER THIRTY-FIVE
YEARS OF SERVICE
WHEREAS, Norman Darnall began serving as a volunteer firefighter with
Roanoke County Fire and Rescue in 1968 as one of the original members of the
Masons Cove Fire Department; and
WHEREAS, Mr. Darnall became Volunteer Fire Chief in 1974 at Masons Cove
Fire Department and served in that capacity for 29 years; and
WHEREAS, Fire Chief Darnall provided vital assistance to citizens during the
Flood of 1985; and
WHEREAS, Fire Chief Darnall has performed a crucial role in protecting the life
and property of citizens in one of the most hazardous professions, and Roanoke County
is very fortunate to have benefited from his dedication and many years of experience;
and
WHEREAS, Fire Chief Darnall has served with professionalism and integrity, and
his leadership has been instrumental in improving the quality of life for the citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to VOLUNTEER FIRE CHIEF NORMAN DARNALL for thirty-five
years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the
July 22, 2003
680
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
(b) Volunteer Assistant Fire Chief Fred Rector, Masons Cove Fire
Department
R-072203-7
Chairman McNamara presented the resolution to Volunteer Assistant Fire
Chief Rector. Also present was his wife Hope, grandson Thomas, and daughter-in-law
Melinda.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 072203-7 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF FRED RECTOR, VOLUNTEER ASSISTANT FIRE
CHIEF, ROANOKE COUNTY FIRE AND RESCUE, AFTER THIRTY-FIVE
YEARS OF SERVICE
WHEREAS, Fred Rector began serving as a volunteer firefighter with Roanoke
County Fire and Rescue in 1968 as one of the original members of the Masons Cove
Fire Department; and
WHEREAS, Mr. Rector achieved the rank of Volunteer Assistant Fire Chief in
1979 at Masons Cove Fire Department and served in that capacity for 24 years; and
WHEREAS, Assistant Fire Chief Rector has performed a crucial role in protecting
the life and property of citizens in one of the most hazardous professions, and Roanoke
County is very fortunate to have benefited from his dedication and many years of
experience; and
July 22, 2003
681
WHEREAS, Assistant Fire Chief Rector has served with professionalism and
integrity and through his volunteer efforts with Roanoke County Fire and Rescue, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to VOLUNTEER ASSISTANT FIRE CHIEF FRED RECTOR for
thirty-five years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to obtain a special use permit to
construct a drive-in restaurant on approximately .75 acres, zoned
C-2 General Commercial District, located near the intersection of
Brambleton Avenue and View Avenue, Cave Spring Magisterial
District, upon the petition of Christopher H. Hanes. (Janet Scheid,
Chief Planner) Continued until August 26, 2003
Chairman McNamara confirmed that this matter has been continued until
August 26, 2003.
2. Second reading of an ordinance to amend the Roanoke County
Zoning Ordinance Section 30-93 Signs upon the petition of the
Roanoke County Planning Commission. (Janet Scheid, Chief
Planner) Referred to the Planning Commission for further
July 22, 2003
682
consideration. This item is scheduled to be heard by the Board of
Supervisors on August 26, 2003.
Chairman McNamara confirmed that this matter has been referred to the
Planning Commission and is scheduled to be heard by the Board of Supervisors on
August 26, 2003.
3. Second reading of an ordinance to obtain a special use permit to
operate a private kennel on 2.21 acres, located at 1459 Mountain
Heights Drive, Catawba Magisterial District, upon the petition of
Randy Grisso. (Janet Scheid, Chief Planner) Postponed from
June 24, 2003 at the request of the petitioner
A-072203-8
DENIAL OF PETITION
Ms. Scheid advised that the petitioner, Randy Grisso, owns 2.21 acres of
which approximately 1.5 acres are fenced. Mr. Grisso currently owns five dogs. Two
are medium size dogs which stay outside in the fenced area during the day and are
placed inside at night. He also has three small dogs which remain primarily inside the
home but do spend some time outside.
Ms. Scheid reported that at the Planning Commission meeting on June 3,
six citizens spoke in opposition to the request. They noted the excessive barking of the
dogs and, in several instances, indicated that they were fearful of the dogs and
considered them a nuisance. Ms. Scheid advised that a special use permit is required
July 22, 2003
683
for a private dog kennel because in Roanoke County only two dogs are allowed. The
Planning Commission voted to deny the petition 3-0.
Mr. Grisso stated that confusion exists regarding his request for a special
use permit. He indicated that his neighbors think that the request is to allow him to
open a dog kennel and this will lead to others in the area seeking to do the same. He
advised that his reason for seeking the special use permit is to keep his family pets. Mr.
Grisso submitted a petition signed by 19 individuals supporting his request for a special
use permit.
In response to an inquiry from Supervisor Church, Mr. Grisso reported that
three of the dogs are miniatures and two are medium size boxers.
The following citizens spoke regarding this matter:
Mr. Wayne C. Andleton, 1583 Mountain Heights Drive, stated that one
man’s freedom should not infringe on the freedom of his neighbors.
Mr. Melvin L. Crowder, 1606 Mountain Heights Drive, voiced the following
concerns: (1) noise from the dogs barking (2) safety of the residents, especially
children and senior citizens (3) this would open the door for future kennel permits (4)
odor from the dogs (5) petitioner is already exceeding the maximum number of dogs
allowed by ordinance. There were approximately 15 citizens present in the audience
who raised their hands in support of Mr. Crowder’s comments and indicated that they
were opposed to the request for the special use permit.
July 22, 2003
684
Mr. Marshall Oliver, 1440 Mountain Heights Drive, stated that he is
concerned about the dogs barking and requested that the Board deny the request.
Mr. Calvin V. Waldron, 1456 Mountain Heights Drive, requested that the
Board make a decision that will be good for the entire neighborhood. He advised that
this issue has divided the neighborhood and both sides have valid information to
present.
In response to a question from Supervisor Church, Mr. Grisso advised that
the last time he purchased a dog was in 2002. Mr. Church confirmed with Ms. Scheid
that the use of the word “kennel” is necessary. Ms. Scheid stated that private kennel is
the designation stipulated in the zoning ordinance.
Supervisor Minnix stated that the Board must make a decision that is best
suited for the community as a whole, and he indicated that is sometimes difficult to
determine where to draw the line. He indicated that he is not in favor of kennels in R-1
zoning unless the citizens in the neighborhood are supportive of the request. He stated
that these rules have been established in Roanoke County to help maintain peace in the
communities.
Supervisor McNamara questioned whether more than two dogs are
allowed in AG (agricultural) zoning districts. Ms. Scheid stated that the two dog limit is
County-wide.
Supervisor Flora advised that two issues evoke strong emotions: dogs
and children. He noted that there are good reasons for the regulations that have been
July 22, 2003
685
established. He stated that if there were no opposition to the request it would not be a
problem, but the Board should not take action that presents a hardship for the
surrounding neighbors.
Supervisor Altizer stated that it is incumbent upon the Board to listen to
citizen input, and he indicated that it is unfortunate that issues such as this can divide a
neighborhood. He requested that the Board allow Mr. Grisso an opportunity to comply
with the ordinance.
Supervisor Church advised that decisions like this are very difficult, but
noted that he is elected to represent the people and therefore must do what the people
want him to do.
Supervisor Church moved to deny the petition and allow the petitioner 45
days to comply with the ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 072203-8 DENYING A SPECIAL USE PERMIT TO
RANDY GRISSO TO OPERATE A PRIVATE KENNEL TO BE
LOCATED AT 1459 MOUNTAIN HEIGHTS DRIVE (TAX MAP NO.
35.04-1-22), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Randy Grisso has filed a petition for a special use permit to operate
a private kennel to be located at 1459 Mountain Heights Drive (Tax Map No. 35.04-1-
22) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 3, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 27, 2003; the second reading and public hearing on this
matter was held on July 22, 2003 (continued from June 24, 2003).
July 22, 2003
686
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Church to deny the petition and allow the petitioner 45
days to comply with the ordinance, and carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Second reading of an ordinance to obtain a special use permit to
construct an accessory apartment on .5 acres, zoned R-1 Low
Density Residential District, located at 3210 Lawndale Road,
Windsor Hills Magisterial District, upon the petition of James C.,III
and Laura B. Parrish. (Janet Scheid, Chief Planner)
O-072203-9
Ms. Scheid advised that the Roanoke County zoning ordinance allows for
an accessory apartment and described the intent of this section of the ordinance as
“affording an opportunity for the development of small rental units designed to meet the
special housing needs of persons with fixed or limited incomes and relatives of family
who live, or desire to live, in the County”. Ms. Scheid reported that Mr. and Mrs. Parrish
desire to build a 650 square foot accessory apartment in the basement of their existing
home which is approximately 1,300 finished square feet. The regulations in the
ordinance that deal with accessory apartments limit the size of the apartment to a
minimum of 300 square feet and a maximum of 1,000 square feet. The size of the
accessory apartment cannot exceed 50% of the finished floor area of the principal
dwelling. Ms. Scheid indicated that the Parrish’s home is 1,300 square feet and the
accessory apartment in the basement can be 650 square feet. In addition, only one
July 22, 2003
687
accessory apartment is allowed per lot, and any exterior entrances shall be located so
as to appear as a single family dwelling. The Parrish’s would like to lease the
apartment in order to supplement their social security disability, and the Planning
Commission voted 4-0 to approve the special use permit with the condition that all
parking shall be restricted to the existing driveway. Ms. Scheid reported that the
Parrish’s do not drive or own a vehicle, and the accessory apartment will have
potentially one or two residents who drive. They will use the existing driveway so no
additional parking will be required.
In response to Supervisor McNamara’s inquiry, Ms. Scheid advised that
once an accessory apartment is authorized, the right stays with the property and
transfers to future owners.
Ms. Scheid stated that Ms. Parrish had indicated that the finished area of
the home is 1,700 square feet and the accessory apartment could be up to 50% of this
size or 850 square feet.
Ms. Laura Parrish was present with her husband and indicated that she
would be happy to answer any questions that the Board may have. She stated that she
was hopeful that the Board will be in favor of this request. She indicated that their intent
was to supplement their social security disability income and to have someone in the
home that can assist with their safety and provide minimal assistance.
There were no citizens present to speak regarding this matter.
Supervisor McNamara moved to adopt the ordinance with one condition,
July 22, 2003
688
that all parking shall be restricted to the existing driveway. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 072203-9 GRANTING A SPECIAL USE PERMIT TO
JAMES C. PARRISH AND LAURA B. PARRISH TO CONSTRUCT AN
ACCESSORY APARTMENT TO BE LOCATED AT 3210 LAWNDALE
ROAD (TAX MAP NO. 77.10-7-27, WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, James C. and Laura B. Parrish have filed a petition for a special use
permit to construct an accessory apartment on .5 acres located at 3210 Lawndale Road
(Tax Map No. 77.10-7-27) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
July 1, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on June 24, 2003; the second reading and public hearing on this
matter was held on July 22, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to James C.
and Laura B. Parrish to construct an accessory apartment on .5 acres located at 3210
Lawndale Road (Tax Map No. 77.10-7-27) in the Windsor Hills 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 condition:
(1) All parking shall be restricted to the existing driveway.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance with one condition,
and carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
July 22, 2003
689
5. Second reading of an ordinance to obtain a special use permit to
operate a primary educational facility on 4.76 acres, zoned R-2
Medium Density Residential District, located at 3432 Poff Lane,
Cave Spring Magisterial District, upon the petition of Elijah S.
Carroll. (Janet Scheid, Chief Planner)
O-072203-10
Ms. Scheid advised that the Roanoke Valley Montessori School wishes to
relocate their school to an existing 1,550 square foot church located at 3432 Poff Lane.
The school currently serves 25 students, ages three through six. The church site is
zoned R-2 and a special use permit is required to operate a primary education facility.
Ms. Scheid reported that the existing church facility was constructed in the mid-1970s
and is located in an area designated Neighborhood Conservation in the Roanoke
County Community Plan. The proposed change from a church use to a school use
conforms to the community plan, and the petitioner has indicated that they will keep the
same number of students, approximately 25-30. Access to the site will be via Poff Lane
and VDOT staff has indicated that the existing entrance is adequate for the proposed
use. The existing driveway and parking area is sufficient to handle the proposed use
and enrollment levels; however, a significant increase in enrollment could result in traffic
impacts to Poff Lane. The potential impact to Poff Lane was the only concern
expressed by the Planning Commission who approved the special use permit with a
vote of 4-0 with two conditions: (1) Enrollment shall be limited to 30 students, unless a
July 22, 2003
690
lower maximum number is established by the Virginia Department of Social Services.
(2) The school driveway shall be gated.
In response to a question from Supervisor Altizer, Mr. Carroll reported that
due to some recent vandalism at the site, the property will be gated and locked. He
indicated that he could possibly make arrangements to leave a key with a neighbor who
could be contacted in the event of an emergency.
There were no citizens present to speak regarding this matter.
Supervisor Minnix moved to adopt the ordinance with two conditions. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 072203-10 GRANTING A SPECIAL USE PERMIT
TO ELIJAH S. CARROLL TO OPERATE A PRIMARY
EDUCATIONAL FACILITY ON 4.76 ACRES LOCATED AT 3432
POFF LANE (TAX MAP NO. 87.10-3-13), CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, Elijah S. Carroll has filed a petition for a special use permit to
operate a primary educational facility on 4.76 acres located at 3432 Poff Lane (Tax
Map No. 87.10-3-13) in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
July 1, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on June 24, 2003; the second reading and public hearing on this
matter was held on July 22, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Elijah S.
Carroll to operate a Primary Educational Facility on 4.76 acres located at 3432 Poff
Lane (Tax Map No. 87.10-3-13) in the Cave Spring Magisterial District is substantially in
July 22, 2003
691
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) Enrollment shall be limited to 30 students, unless a lower maximum
number is established by the Virginia Department of Social Services.
(2) The school driveway shall be gated.
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 with two conditions, and
carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
6. Second reading of an ordinance authorizing acquisition of the
assets of the Suncrest Water Company, Inc., the creation of a
special utility service district, namely “Suncrest Heights Water
and Sewer District,” appropriating funds for the acquisition and
construction of water and sewer facilities therein, and imposing
and allocating certain fees or assessments with respect to the
development of property located therein, Cave Spring Magisterial
District. (Gary Robertson, Utility Director)
O-072203-11
Mr. Robertson advised that this is a small private water and sewer system
that serves 27 residents in the Suncrest Heights subdivision. He noted that the County
had been approached several times over the past ten (10) years regarding purchase of
the system. Staff has evaluated the system and determined that approximately
July 22, 2003
692
$200,000 would be required in short-term improvements. The majority of the cost would
be to eliminate the existing wastewater treatment facility which has received violations
from the Department of Environmental Quality (DEQ) and would likely be placed under
a consent order for improvements in the near future. It would be Roanoke County’s
intention to eliminate the treatment facility, install a pumping station, and connect it to
the County’s sewer system. The County would utilize the existing distribution systems
for both water and sewer within the subdivision.
Mr. Robertson stated that the $200,000 that would be needed for the
improvements would come from fees in the amount of $6,500 to be paid by each of the
existing property owners in the area. The County will finance this amount for the
property owners for a period of ten (10) years. Staff recommends acquisition of the
water and sewer system with the following conditions:
?
Said ordinance shall approve appropriation of $200,000 from water and sewer surplus
accounts.
?
Property owners with developed lots shall have the following payment options:
a. Payment of entire $6,500 water and sewer capital improvement fee within 30 days
of adoption of this ordinance.
b. Upon execution of a connection contract by property owner, Roanoke County shall
finance the $6,500 capital improvement fee in 120 equal monthly installments (10
years) at an interest rate of 5% per annum. Property owners shall agree to
execute a promissory note and lien document to secure this installment debt.
c. Any owner of improved real estate within this special utility service district, who
does not elect by agreement to participate by paying the cost of extending or
improving the public utility system to their property as provided in paragraph a.
or b. above, the cost of such improvements in the amount of $6,500 shall be
July 22, 2003
693
assessed, imposed, and apportioned as provided in Article 2, Chapter 24, Title
15.2. This assessment against each property shall be reported to the
Treasurer of Roanoke County, who shall enter the assessment as provided for
other real estate taxes.
?
Payment of the assessment as provided in paragraph c. above or the payment of
the fee as provided in paragraphs a. and b. may be postponed for elderly or
permanently and totally disabled property owners until the sale of the property or
the death of the last eligible owner. In either event the entire amount of the
assessment or fee shall be paid no later than ten years from the creation of the
Suncrest Heights Water and Sewer Service District.
?
If, and when, vacant lots are developed, a water and sewer capital improvement fee
of $8,125 would be paid without County financing. The $8,125 fee shall incorporate
the $6,500 fee for all water/sewer capital improvement and off-site fees plus 25%.
Supervisor Minnix noted that he has voiced concerns about the
connection fees being lower than in previous water and sewer extension projects. Mr.
Robertson responded that there are several differences with this extension project: (1)
In most petition projects, Roanoke County must extend and provide the entire
distribution system to all customers. In this case, Roanoke County will be utilizing the
existing water and sewer distribution system. (2) The majority of the improvements are
related to the wastewater system. If the County desired to do so, they could operate the
water system as it stands today. However, it is the County’s intention to connect to the
County water system even though the water system could operate independently. Staff
has concerns regarding the operation of the wastewater treatment facility, and advises
the installation of a pumping station and use of the County’s sewer system.
There were no citizens present to speak regarding this matter.
July 22, 2003
694
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 072203-11 AUTHORIZING ACQUISITION OF THE
ASSETS OF THE SUNCREST WATER COMPANY, INC., THE
CREATION OF A SPECIAL UTILITY SERVICE DISTRICT,
NAMELY “SUNCREST HEIGHTS WATER AND SEWER
DISTRICT,” APPROPRIATING FUNDS FOR THE ACQUISITION
AND CONSTRUCTION OF WATER AND SEWER FACILITIES
THEREIN, AND IMPOSING AND ALLOCATING CERTAIN FEES
OR ASSESSMENTS WITH RESPECT TO THE DEVELOPMENT
OF PROPERTY LOCATED THEREIN
WHEREAS, the Utility Director has negotiated an agreement to acquire the
assets of the Suncrest Water Company, Inc. owned by the Suncrest Water Company,
Inc. and John A. Hall & Co., Inc.; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this
ordinance was held on June 24, 2003, and the second reading and public hearing was
held on July 22, 2003; and
WHEREAS, notice of this ordinance has been published as required in Section
15.2-2400 and 15.2-2409; and
WHEREAS, Ordinance 112288-7 authorizes the financing of local public works
improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, Sections 15.2-2243, 15.2-2400 and 15.2-2404, et seq. authorize the
County to create and establish a general water and sewer improvement program for a
designated area of the County having related and common sewer and water conditions,
to install certain public works improvements, and to impose fees, charges and
assessments for said improvements; and
WHEREAS, the extension of the public water and sewer systems, the creation of
a special utility service district, and the acquisition of the assets of the Suncrest Water
Company, Inc. and John A. Hall & Co., Inc. will alleviate public health and safety
problems and promote economic development; and
WHEREAS, the Board hereby establishes the “Suncrest Heights Water and
Sewer District”; and
July 22, 2003
695
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the acquisition and acceptance of the assets of the Suncrest Water
Company, Inc. and John A. Hall & Co., Inc., serving an area located in Roanoke County
as shown on the map designated as Exhibit “A”, from the Suncrest Water Company,
Inc. is hereby authorized and approved. These assets include three parcels of real
estate identified as Tax Map Nos. 98.02-01-53.1, 98.02-01-11.1 and 98.02-01-89, all
easements, machinery, equipment, and other personal property.
2. That pursuant to the authority of Ordinance 112288-7, the Board
authorizes and approves a local public works improvement project, namely, acquisition
of water and sewer facilities for the Suncrest Heights community from the Suncrest
Water Company. That pursuant to the authority of Section 15.2- 2243, the Board
establishes a general water and sewer improvement program for the Suncrest Heights
community. Total construction cost of this public water and sewer project is estimated
to be $200,000, to be assessed against the properties within the special utility service
district as shown on the attached Exhibit A. That there is hereby appropriated for this
project the sum of $200,000 from the Water and Sewer Surplus Accounts.
3. That the Suncrest Heights Water and Sewer District is shown and
designated on the attached plat entitled Suncrest Heights Water and Sewer Service
District prepared by the Roanoke County Utility Department, dated June 2003 (Exhibit
A). The Utility Department shall construct in and adjacent to the Special Utility Service
District sewer and water lines and appurtenant facilities as shown in the map of this
area, and shall acquire easements for these lines and facilities.
4. That the owner, subdivider or developer of vacant property (i.e. a lot or
parcel with no residential structure located thereon) located within the Suncrest Heights
Water and Sewer Service District shall, on or before September 24, 2003 pay or provide
for the payment of a share of the cost of construction of the sewer and water facilities, in
the total amount of $6,500. Property owners of vacant lots who wish to connect to the
water and sewer system after the September 24, 2003, deadline (other than new
property owners) shall pay $8,125 [$6,500 construction costs plus 25%].
5. The “Suncrest Heights Water and Sewer Service District” is created for a
period of ten years. Any owner of improved real estate within this service area may
participate in and benefit from the public water and sewer in this service area by paying
the following fees: $2,600 for water and $3,900 for sewer for a total of $6,500 per
customer. Said costs to be paid in full and in advance of connection to or use of the
public water and sewer systems or financed in accordance with the provisions of
paragraph 6.
6. That the Board authorizes and approves the payment by the property
owners in the project service area who elect to participate on or before September 24,
2003, of their portion of the cost of extending or improving the public utility system to
their properties in accordance with the following terms and conditions:
July 22, 2003
696
(a) Payment of $6,500 to be financed for a maximum of 10 years at an
interest rate of 5% percent per annum.
(b) Property owners agree to execute a promissory note or such other
instrument as the County may require to secure this installment debt.
(c) Property owners further agree to execute such lien document or
instrument as may be required by the County; said lien document or instrument
to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County.
This lien instrument or document shall secure the repayment of the promissory
note by the property owners to the County and shall be a lien against the
property of the owners. Property owners also agree to pay the County any
Clerk’s fees or recordation costs which may be required to record any lien
instrument or documents in the Office of the Clerk of the Circuit Court.
(d) New property owners (defined as persons who acquire ownership
of real estate within the Project Service Area after the date of the adoption of this
Ordinance) shall have sixty (60) days from the date of their acquisition of the real
estate to participate in and benefit from the public water/sewer extension or
improvements to this service district by the payment of $6,500, said costs to be
paid in full and in advance of connection to or use of the public water/sewer
extension or improvements. New property owners are not eligible to participate
in the installment financing payment method described above.
7. Any owner of improved real estate within this special utility service district
who does not elect by agreement to participate by paying the cost of extending or
improving the public utility system to their property as provided in paragraph 6 then
there is hereby assessed, imposed, and apportioned the cost of such improvements in
the amount of $6,500 as provided in Article 2, Chapter 24, Title 15.2. This assessment
is hereby determined not to be in excess of the peculiar benefits resulting from the
improvements to such property owners. This assessment against each property shall
be reported to the Treasurer of Roanoke County, who shall enter the assessment as a
provided for other real estate taxes.
8. The payment of the assessment as provided in paragraph 7 of this
ordinance or the payment of the fee as provided in paragraph 5 of this ordinance may
be postponed for elderly or permanently and totally disabled property owners until the
sale of the property or the death of the last eligible owner. Eligibility for postponement
shall be subject to the conditions set forth in Section 58.1-3211 of the Code of Virginia
for such elderly or permanently and totally disabled persons. In either event the entire
amount of the assessment or fee shall be paid no later than ten years from the creation
of the District.
9. That the County Administrator or Assistant County Administrator is
authorized to take such actions and execute such documents as may be necessary to
accomplish the purposes of this transaction, all upon form approved by the County
Attorney.
July 22, 2003
697
10. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
7. Second reading of an ordinance declaring a parcel of real estate
to be surplus and accepting an offer for the sale of same; namely,
Wipledale Avenue well lot, Tax Map No. 37.09-4-15, Catawba
Magisterial District. (Paul Mahoney, County Attorney)
O-072203-12
Mr. Mahoney advised that legal notices have been published in the
Roanoke Times regarding the proposed sale of the well lot, notices have been mailed to
the adjoining property owners, and a sign has been posted on the property. The County
has received three written offers and the highest offer was submitted by Chad S.
McGhee in the amount of $27,000. The County’s assessed value of the parcel is
$12,900. Mr. Mahoney stated that Billy Driver, Director of Real Estate, had indicated
that vacant lots in the area have been selling for two to two and one-half times this
amount. He indicated that the $27,000 is within the range of the Board’s policy, and
recommended that the Board favorably consider the offer.
Supervisor Church confirmed that the adjoining citizens have been
notified. He also questioned if the offer falls in the appropriate price range. Mr.
Mahoney noted that it is “barely” in the acceptable range. He stated that there have
been some higher sales of other vacant lots in the North Lakes area, as reported by Mr.
July 22, 2003
698
Driver; however, this offer is within the lower end of this range. Mr. Mahoney advised
that he did not know if Mr. McGhee is an adjoining neighbor to the parcel.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 072203-12 DECLARING A PARCEL OF REAL
ESTATE TO BE SURPLUS AND ACCEPTING AN OFFER FOR
THE SALE OF SAME; NAMELY THE WIPLEDALE AVENUE
WELL LOT, TAX MAP NO. 37.09-4-15, CATAWBA
MAGISTERIAL DISTRICT
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, having been made available for other public
uses before permitting disposition by sale, is hereby declared to be surplus.
2. That an advertisement for bids for the sale of this surplus real estate and
notice of public hearing was advertised in the Roanoke Times & World News on July 8
and July 15, 2003; and
3. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first read of this ordinance was held on July 8, 2003, and the
second reading and public hearing was held on July 22, 2003, concerning the
disposition of the following parcel of real estate identified as follows:
Wipledale Avenue Well Lot
5221 Wipledale Avenue
Well Lot, Block 31, Section 8, North Lakes
Tax Map No. 37.09-4-15
4. That offers for said properties having been received, the offer of Chad S.
McGhee in the amount of Twenty-seven Thousand Dollars ($27,000.00) be, and hereby
is accepted.
5. That the purchase price for the property will be paid upon delivery of a
deed therefor and all proceeds from the sale of this real estate will be deposited into the
water fund in accordance with the trust agreements of the 1991 water revenue bonds.
July 22, 2003
699
6. That the County Administrator or any Assistant County Administrator is
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the sale of said property, all of which
will be on form approved by the County Attorney.
7. That this ordinance will be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: He addressed the issue of the reassignment of
Roanoke City School Resource Officer Butch Lewis which was covered in a Roanoke
Times news article today. He stated that the students, teachers, administrators, parents
and the school resource officer (SRO) are the losers in this situation because it “puts
handcuffs” on the SRO’s. He emphasized that if situations are occurring in the schools,
he wants the SRO’s to report them. He noted that a SRO may be the last line of
communication for troubled students, and he hopes a just decision in this matter will be
rendered because it will have far-reaching effects.
Supervisor McNamara: He noted that the reports made by board
members are individual opinions which do not represent the opinions of the Board as a
whole.
Supervisor Minnix: He reported that he will be out of town attending a
church conference until August 2, 2003.
Supervisor Flora: He recounted a story regarding his recent travels on
Delta Airlines and indicated that an additional reason for supporting the region’s efforts
July 22, 2003
700
to attract a low-fare air carrier is that the increased competition will result in a higher
quality of service for customers.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 8:48 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Joseph P. McNamara
Clerk to the Board Chairman