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HomeMy WebLinkAbout5/27/2003 - Regular May 27, 2003 453 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 27, 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 May, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:00 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; Dan O’Donnell, Assistant County Administrator; IN RE: OPENING CEREMONIES The invocation was given by Monsignor Joe Lehman, Our Lady of Nazareth Catholic Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. May 27, 2003 454 IN RE: BRIEFINGS 1. Briefing regarding the donation of a surplus Roanoke County well lot to Habitat for Humanity. (Elmer C. Hodge, County Administrator; Karen Mason, Executive Director and Geraldine Barber, Vice-President, Habitat for Humanity) Mr. Hodge reported that Supervisor McNamara had requested that staff investigate the availability of a surplus well lot and the possibility of having Roanoke County staff participate in the construction of a home for Habitat for Humanity (HFH). He indicated that Gary Robertson, Utility Director, has reviewed the County’s inventory of well lots and has identified several lots that would be suitable for donation. The well lot which staff has particular interest in is located on Stearnes Avenue off of Starkey Road, and this well is not one which the County would wish to put back into service. In addition, this issue was discussed at a management team meeting and staff displayed significant interest in participating in the project. Mr. Hodge introduced Geraldine Barber, Assistant Director of Finance, who is also currently serving as Vice-President of HFH in Roanoke; Karen Mason, Executive Director; and David Camper, President. Ms. Barber indicated that she is speaking today on behalf of an agency that she feels very strongly about. She was encouraged by her sons to become involved with HFH which is an agency that helps people get up – it is not an agency that provides handouts. She stated that the families receiving assistance from HFH undergo a stringent selection process and are required to make a commitment to building and May 27, 2003 455 maintaining the home, as well as meeting the financial obligations of home ownership. HFH provides training for homeowners as well as moral and Christian support. Ms. Mason stated that families are required to meet three overall criteria: (1) They must display a willingness to enter into a lifetime partnership with HFH. (2) They must earn a minimum of 200 hours of “sweat equity” building their home, as well as other HFH homes. This experience enables them to learn valuable skills which will benefit them in maintaining their homes. (3) They must be able to afford to pay for their home. Ms. Mason reported that an onsite assessment is conducted to evaluate the current living standards of prospective families and make a determination if substandard living conditions exist. If this and other conditions are met, then the families are accepted and approved into the home ownership program. Ms. Mason stated that if the donation of the lot is approved, the home to be constructed would utilize one of the new design plans which feature architectural shingles, additional half baths in the 3-4 bedroom units, gables, and front porches. There is also a two-story design available. Ms. Mason stated that construction is anticipated to begin in September, and they welcome the donation of labor resources from Roanoke County. Ms. Camper indicated that he would be willing to answer any questions. Supervisor McNamara thanked the presenters and stated that this gesture will make a difference in the lives of the families; it is land which is not currently being used by the County; there are maintenance costs associated with maintaining the land; and he feels it is appropriate for Roanoke County to donate the land and provide the May 27, 2003 456 labor to build the home. He voiced his desire for the County’s association with HFH to be an ongoing effort. Mr. Hodge indicated that if it is the consensus of the Board to proceed with the donation of the well lot, staff will bring this matter back for a first and second reading authorizing the donation. In addition, a volunteer from Roanoke County will be selected to coordinate the project. Supervisor Minnix voiced his support for the donation. He also referred to an article which appeared in the Roanoke Times which he stated was uncomplimentary to the County of Roanoke, City of Salem, and several other surrounding areas. He stated that he was dismayed by the Roanoke City Manager’s remarks regarding the County’s efforts at affordable housing. He indicated that the remarks were misleading and at the least unkind to Roanoke County and other localities, as he reflected back on significant amount of monies which the County has donated. Supervisor Minnix questioned whether Mr. Hodge had been able to obtain the data he had requested regarding these contributions. Mr. Hodge reported that in the early 1990s, the County donated Pinkard Court School to Total Action Against Poverty (TAP) for the purpose of providing housing units. TAP subsequently determined that a greater need existed for their housing office unit, and this is how the property was utilized. In 1996-1997, TAP sold the property to Lowe’s Corporation for $1.2 million. The Board of Supervisors had to authorize the sale of the property, which they did with the understanding that the money would be used to May 27, 2003 457 provide housing opportunities for individuals in Roanoke County. TAP subsequently invested $1 million in housing in Roanoke County which was leveraged with the banks for a total investment of $1.6 million. This was to provide at least 28 homes over a period of three years. Also, several acres of land were donated by Billy Branch to HFH for construction of homes. There was difficulty in acquiring access to the property, and the property was subsequently sold. Supervisor Minnix stated that the monies that come from Roanoke County are generated by taxpayer dollars. The County is not receiving pass-through funds from the state or federal government in order to accommodate these projects. It has been the Board’s position in recent years to bring the valley into a spirit of one community. He noted that it is his goal to have a unified police station, in addition to the currently existing joint fire and rescue services being offered at Clearbrook. He stated that if this level of cooperation is to continue, then the leaders of each locality should very closely measure their remarks about surrounding communities in order to avoid the atmosphere that existed in the 1960s regarding regional cooperation. He stated that a great deal of progress has been made, and he requested that the County Board not carelessly address the responsibilities of other governments and municipalities in order to not lose the progress that has been made. Supervisor Church concurred with Supervisor Minnix’s comments and noted that the Roanoke Times is sometimes the “public’s worst enemy”. He stated that at times, perhaps silence is what is needed when negative issues are involved. He May 27, 2003 458 indicated that there is too much good that takes place in the valley for people to “take shots at each other”. Supervisor McNamara indicated that he had a meeting today with the Roanoke City Manager and he indicated that there is a lot of cooperation that currently exists. He stated that sometimes comments can be distorted in the newspaper. He urged the leaders to continue moving forward with cooperative efforts. 2. Presentation from Southeast Rural Community Assistance Project. (Mary Terry, Executive Director) Mr. Hodge thanked Ms. Terry, Executive Director, and Russell Rice, Planner, for their efforts on behalf of the Southeast Rural Community Assistance Project (RCAP). He noted that two of the better known projects which they have worked with the County on include: (1) Provision of water to a small community on Buck Mountain Road. (2) Water and sewer project in the Oldfields section of Hollins, which was one of the projects submitted to the National Civic League when the County won the 1989 All America City award. Roanoke County is the only County in Virginia to win this award. Ms. Terry reported that RCAP has been working with rural communities since 1969 to help provide water and wastewater facilities, as well as housing and economic development, in order to improve their quality of life. On May 5, RCAP celebrated National Drinking Water Week. At this event, both Roanoke County and Mr. Hodge were recognized for the partnership they have provided with RCAP. Ms. Terry recognized Roanoke County for its cooperation with neighboring jurisdictions in the May 27, 2003 459 development of a Regional Water Authority. She noted that this cooperation will result in greater economies of scale and a more secure rate structure for water users. She stated that the County has worked hard for many years to provide safe drinking water for its residents, and cited the example of the work done in the Hollins community. Ms. Terry indicated that the efforts between Roanoke County and Roanoke City to provide safe, affordable drinking water for all citizens have been a tremendous success. Ms. Terry presented the “Water is Life” award to the Board of Supervisors. IN RE: NEW BUSINESS 1. Request for a pledge of support to the Campaign for Fair Airfares currently being conducted by the Roanoke Regional Chamber of Commerce in conjunction with the Regional Airport Commission. (Elmer Hodge, County Administrator; Beth Doughty, Executive Director, Roanoke Regional Chamber of Commerce) A-052703-1 Mr. Hodge reported that over the past year, the Roanoke Regional Chamber of Commerce and the Regional Airport Alliance have been working to determine the feasibility of bringing a low-fare airline to Roanoke Regional Airport. A low-fare carrier operation would decrease the costs associated with flying out of the Roanoke Regional Airport, would increase the economic competitiveness of the region, and would provide more access to key hubs such as Atlanta and New York. He noted that Mr. Barry DuVal, former State Secretary of Commerce and Trade, has been May 27, 2003 460 recruited to lend his expertise to this project. Beth Doughty, Executive Director of the Roanoke Regional Chamber of Commerce, has been instrumental in working with the business community, educational institutions and surrounding localities. She is requesting that the County pledge a commitment to have Roanoke County employees traveling by air for business purposes use at least half of those flights on a low-fare air carrier, if one is recruited to the Roanoke area. The County is recommending that the Board make this commitment as consideration for the carrier coming to the Roanoke area. Ms. Doughty reported that the Regional Economic Development Strategy recently adopted included 23 tactics which could be implemented to improve economic competitiveness in the area. One of these tactics addressed the cost of airfare from Roanoke Regional Airport and involved the recruitment of a low-fare air carrier. Last June, the formation of the Roanoke Regional Airport Alliance, a public-private partnership, was announced. The Alliance identified AirTran as the carrier most likely to begin serving the Roanoke Regional Airport and conversations with this carrier are ongoing. Ms. Doughty reported that her role in this process is to conduct the pledge campaign wherein businesses throughout the airport service area are being asked to estimate the amount of travel that they can commit in a year to AirTran and submit that amount in a good faith, paper pledge to the Airport Alliance. She emphasized that the amount of travel is not important. Every pledge is needed to demonstrate to AirTran the size of the market and travel patterns. The goal is $2 million in pledges and to date, May 27, 2003 461 $1.5 million in pledges from 53 companies has been secured. Ms. Doughty requested that Roanoke County, as well as all other governments in the region, look at its travel patterns and make a pledge in support of low-fare air service. Supervisor Church stated that if action is not taken on this matter, it will be a downhill slide. He noted that he has had numerous conversations with citizens regarding the need to travel to other areas for affordable air fares. He stated that if a way can be found to make this work, it will attract new businesses and residents to the Roanoke Valley. Supervisor Minnix questioned whether we will guarantee a certain number of seats to AirTran. Ms. Doughty indicated that the pledge campaign is designed to demonstrate the anticipated size of the market and how many seats the business community thinks it can fill. Ms. Doughty also indicated that the goal is to obtain roundtrip air service to Atlanta and to gauge the size of the market to LaGuardia for nonstop flights. She stated that from Atlanta, 43 cities are served by AirTran. The information provided to the airline should enable them to determine if they will make their break-even point. Supervisor Altizer questioned if the project was starting with narrow destinations and if expansion is anticipated in the future. Ms. Doughty stated that the aim is to get service to Atlanta, and from there people can travel to other cities. She stated that all destinations are being measured in order to provide a “big picture” to AirTran of where travelers in Roanoke are flying. May 27, 2003 462 Supervisor McNamara stated that the Board must be prepared to step up to the plate to guarantee the pledges. He noted that the Department of Transportation grant previously applied for involved a 50/50 sharing of the costs, and the Board had previously committed to this level of involvement. Ms. Doughty noted that the pledge bank makes the grant application a stronger application. Supervisor Church moved to approve staff recommendation, pledge the support of Roanoke County to the Campaign for Fair Airfares. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Request to approve the agreement and authorize Parks and Recreation staff to execute the agreement to dissolve transition plan between Roanoke County, Hidden Valley Youth Sports Association, and the Cave Spring Recreation Foundation to allow the recreation clubs to split when the terms of the agreement are met. (Pete Haislip, Director of Parks, Recreation and Tourism) A-052703-2 Mr. Haislip stated that with the opening of the new Hidden Valley High School, a segment of the youth athletic community in the Hidden Valley area expressed an interest in forming a recreation club to serve the school. They proposed to split off from the Cave Spring Recreation Foundation, the existing sports provider, and offer the May 27, 2003 463 sports of football, cheerleading, basketball and wrestling. In order to meet sanctioning guidelines as outlined in the Public Use Manual and to minimize the disruption to the community, Parks and Recreation facilitated an agreement that allowed for the orderly transition and creation of the Hidden Valley Youth Sports Association. The agreement was executed on April 22, 2002, and originally identified a 3-year time frame for the transition to happen. As the transition plan has progressed, it has become evident that the objectives are being met and that an accelerated split would benefit both clubs in the administration, operation, and fundraising efforts for their respective clubs. Officials from each club met and determined under which conditions they would agree to the split. Mr. Haislip noted that the agreement is included as Attachment A in the agenda packet, and outlines the aging out policy, club boundaries, provision of equipment, field lighting, scoreboards, and the necessary approval process. Mr. Haislip stated that he had anticipated having a signed lighting agreement in time for the meeting today but it has not yet been received. He indicated that verbal commitments are in place and the decision to move forward needs to take place in order to continue with football registrations which are currently several weeks behind. He asked the Board to approve the agreement as written and authorize the execution of the agreement when the stated conditions are met. Supervisor Minnix stated that he thought this matter had been resolved but apparently this did not work out. Mr. Haislip indicated that the transition plan is working, and that the groups now feel they have reached the point where Hidden Valley May 27, 2003 464 has developed a separate identity and the two groups can proceed with the split. Supervisor McNamara expressed his appreciation to the groups involved and to Debbie Pitts, Assistant Director of Recreation, for her work in this regard. Supervisor Minnix moved to approve staff recommendation, approve the agreement and authorize Parks and Recreation staff to execute the agreement when the terms have been met. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. Request to adopt a resolution in support of the Virginia Department of Transportation Secondary Road Project 0651-080- 305, C-501, Mountain View Road (Route 651), Vinton Magisterial District. (Arnold Covey, Director of Community Development) R-052703-3 Mr. Covey reported that Mountain View Road, Route 651, was placed on the Six Year Secondary System Construction Plan in 1996 and is priority number seven in this year’s transportation plan. Mountain View Road is classified as an urban local road with a traffic count of 1,440 vehicles per day. The 1.049 mile project begins at the Vinton Town Limits and ends 0.12 mile west of Falling Creek Drive, Route 1075. Mountain View Road is identified as a possible bike route in the Roanoke Valley’s Bikeway Plan. Mr. Covey stated that the proposed road will consist of two 12-foot lanes, May 27, 2003 465 a 6-foot shoulder, and a 4-foot ditch. The projected advertised date to accept bids from contractors is set for May 2005, with construction planned to begin sometime later that same year. The Virginia Department of Transportation (VDOT) held a public hearing regarding the aforementioned project on March 12, 2003 and approximately 63 people attended. Out of this number, VDOT received 25 written and oral comments. Of the numerous public comments received by VDOT relative to this project, almost 60% pertained to the design and construction of a designated bike lane. Blue Ridge Bicycle Club stated that they utilize this corridor that leaves the Town of Vinton to the Blue Ridge Parkway and that this route is highly publicized and advertised within the biking community. It has been established by the biking club that approximately 90 – 100 cyclists use this route during the weekends. The total 2003 project cost is estimated to be $3,452,600. Additional cost to design and construct a designated bike lane (4-foot paved lane) is estimated at $236,000. The County pays 50% of this cost (approximately $118,000), with the final amount being determined after construction is complete. Mr. Covey outlined the following alternatives: (1) Approve a resolution supporting Virginia Department of Transportation project 0651-080-305, C-501 (Mountain View Road, Rte. 651) with bike lanes and authorize and appropriate the allocation of funds ($118,000) to cover Roanoke County’s 50% share towards the construction of the bike lanes with the understanding that additional funding may be necessary at the completion of the project. (2) Approve a resolution supporting Virginia May 27, 2003 466 Department of Transportation project 0651-080-305, C-501 (Mountain View Road, Rte. 651) with 6-foot shoulders and no bike lanes. No appropriation of funds is necessary. Staff is recommending Alternative 1. Following Supervisor Altizer’s inquiry, Mr. Covey confirmed that the designated start date for this project is 2005. Supervisor Altizer noted that this route is heavily traveled by cyclists traveling through Vinton to the Parkway. Supervisor Flora noted that a significant portion of Mountain View Road lies within the Town of Vinton and that sections of this road are dangerous. He questioned what the plans are for improving Mountain View Road. Mr. Covey stated that most of the funding has been designated for improvements to Hardy Road, and he is not certain what the priority is for improving Mountain View Road on Vinton’s road construction plan. Supervisor McNamara voiced his support for this project and stated that in the long-term, investing one-half of the cost for this construction will be a small percentage of the overall cost because VDOT will then be responsible for maintaining the road. He stated that the County should support this approach on many roads. He indicated that he would like to see the cycling organizations create a document outlining priority roads in Roanoke County so that the Board of Supervisors can adopt this “in principle” and use this for guiding future road construction issues. Mr. Covey stated that this issue is currently being examined on a regional basis. May 27, 2003 467 Supervisor Minnix stated that support of greenways, bike paths, and other amenities is what will set the County apart from other localities. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-3 REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S PROJECT (0651-080-305, C-501) MOUNTAIN VIEW ROAD (ROUTE 651) WHEREAS , the Virginia Department of Transportation held a design public hearing on March 12, 2003 for the purpose of soliciting public comments on the proposed improvements to Mountain View Road (Route 651). WHEREAS , the Board of Supervisors does hereby approve and support the improvements as proposed to Mountain View Road (Route 651) as outlined in Roanoke County’s Six Year Construction Plan for Fiscal Year 2003 – 2009. WHEREAS, Mountain View Road is identified as a possible bike route in the Roanoke Valley’s Bikeway Plan, BE IT FURTHER RESOLVED , this Board agrees to pay 50% of the County’s estimated share ($118,000) to construct designated bike lanes, and NOWBE IT RESOLVED, , therefore, that a certified copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation, Salem Residency Office by the Clerk to the Board of Supervisors. Recorded Vote Moved By: Supervisor Altizer Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA May 27, 2003 468 Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for June 24, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. First reading of 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. 2. First reading of ordinance to rezone 3.6 acres from R-1 Low Density Residential and I-1 Conditional Industrial District to C-2 General Office District to construct and operate a hotel/motel/motor lodge located at 7944 Plantation Road and 8008 Plantation Road, Hollins Magisterial District upon the petition of Hollins Hospitality, LLC. 3. First reading of ordinance to amend the 1998 Roanoke County Community Plan as it pertains to policies for Route 460 West Design Guidelines in the Catawba Magisterial District upon the petition of the Roanoke County Planning Commission. May 27, 2003 469 IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing and approving execution of a lease agreement with NewPipe, Incorporated, for office space in the Salem Bank and Trust Building, 220 East Main Street, Salem, Virginia. (Anne Marie Green, Director of General Services) Ms. Green reported that NewPipe is a technology company which was an existing tenant in the Salem Bank and Trust Building. They lease a small suite of approximately 300 square feet in the building and would like to renew their lease. Based on the terms of the previous lease, an agreement has been reached for a rental fee of $370.71 per month. The term of the lease is for one year with an option to renew for an additional year. Ms. Green indicated that the County will receive $4,448.52 from the tenant during the first year of the lease. These funds will go into the Salem Bank and Trust Account to be used for payment of the debt service on the building, as well as for upkeep and maintenance of the facility. Supervisor Minnix questioned whether the company had requested any renovations to the building. Ms. Green indicated that they had not made any requests. Supervisor McNamara moved to approve the first reading and set the second reading for June 10, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None May 27, 2003 470 2. First reading of an ordinance authorizing the quitclaim and release of an existing 20 ft. waterline easement within the proposed right-of-way of Matisse Lane (Plat Book 19, Page 122), Cave Spring Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey stated that the petitioner, Strauss Construction Corporation, is the developer of The Gardens. In order for this section of Matisse Lane to be accepted into the State Secondary Road System, VDOT requires that the right-of-way be free and clear of any third party rights or encumbrances. Supervisor Minnix confirmed with Mr. Covey that the developer has pledged to be responsible for all fees associated with the quitclaim and release. Supervisor Minnix moved to approve the first reading and set the second reading for June 10, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. First reading of an ordinance authorizing the acquisition and acceptance of drainage easements for industrial access road project in Valley Gateway, Vinton Magisterial District. (George Simpson, Assistant Director of Community Development) O-052703-4 May 27, 2003 471 Mr. Simpson reported that the Board of Supervisors, at their February 19, 2003 meeting, approved a resolution to the Commonwealth Transportation Board (CTB) requesting industrial access funding for the road that will extend into Integrity Windows. This request was approved by the CTB at their May 15 meeting in Richmond, Virginia. A requirement for the approval of plans and construction of the industrial access road is that drainage easements be acquired for discharge of stormwater runoff from the right- of-way that will be maintained by VDOT. Two of the required drainage easements are: (1) donated easement from the Greater Roanoke Valley Development Foundation consisting of 0.2 acre. (2) Purchased easement in an amount not to exceed $6,000 from Anthony C. Chambers and the Life Estate of Mary A. Chambers. Staff is also requesting that the second reading of this matter be waived in order to expedite the closing on the Integrity Windows site in Valley Gateway. Supervisor Altizer confirmed with Mr. Simpson that no additional funding for this matter needs to be appropriated. Supervisor Church confirmed with Mr. Mahoney that it is acceptable to waive the second reading, and Mr. Mahoney indicated that a four-fifths vote would be needed to waive the second reading. Supervisor Altizer moved to approve the first reading and waive the second reading to expedite the closing for economic development reasons. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara May 27, 2003 472 NAYS: None ORDINANCE 052703-4 AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF DRAINAGE EASEMENTS FOR AN INDUSTRIAL ACCESS ROAD PROJECT IN VALLEY GATEWAY WHEREAS, the Virginia Department of Transportation requires drainage easements for the discharge of storm water runoff from the industrial access road, known as Woods Farm Road, serving Valley Gateway; 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 May 27, 2003; and that the second reading was dispensed with in accordance with the provisions of this section in order to expedite the construction of the industrial access road; and NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the donated drainage easement across a portion of property owned by the Greater Roanoke Valley Development Foundation and designated as Tax Map Number 50.01-1-5.7, is hereby authorized; said drainage easement shown as “20’ Storm Drain Easement”, on a plat prepared by the Roanoke County Department of Community Development dated 5/21/03 (Exhibit A). 2, That the acquisition and acceptance of a 20’ drainage easement across a portion of property owned by Anthony C. Chambers and the Life Estate of Mary A. Chambers and designated as Tax Map Number 50.01-1-7 is hereby authorized in an amount not to exceed $6,000; said drainage easement shown as “Proposed 20’ Storm Drain Easement” on a plat prepared by the Roanoke County Department of Community Development dated 5/14/03 (Exhibit B). 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 these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Altizer to waive the second reading and adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the vacation, quit- claim and release of an unused portion of a 20’ waterline May 27, 2003 473 easement and a portion of a 15’ sanitary sewer easement and to accept in exchange a relocated new variable width sanitary sewer easement across property owned by Lewis-Gibbs Corporation, Tax Map. No. 27.13-4-2, Hollins Magisterial District. (Arnold Covey, Director of Community Development) O-052703-5 Mr. Covey stated that there have been no changes in this item since the first reading. There was no discussion on this matter. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 052703-5 TO VACATE, QUIT-CLAIM AND RELEASE AN UNUSED PORTION OF A 20' WATERLINE EASEMENT AND A PORTION OF A 15' SANITARY SEWER EASEMENT CONVEYED TO THE BOARD OF SUPERVISORS IN DEED BOOK 1305, PAGE 1397, AND TO ACCEPT IN EXCHANGE A RELOCATED NEW VARIABLE WIDTH SANITARY SEWER EASEMENT, ACROSS PROPERTY OWNED BY LEWIS-GIBBS CORPORATION (TAX MAP NO. 27.13-4-2) IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by deed of easement dated March 3, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1305, page 1397, Lewis-Gibbs Corporation, as owner of the subject parcel of land, conveyed to the County of Roanoke certain non-exclusive perpetual easements, including a 20' water line easement and a 15' sanitary sewer easement, upon and across the parcel of land identified upon the Roanoke County Land Records as Tax Map No. 27.13-4-2; and, WHEREAS, Lewis-Gibbs has requested that the Board of Supervisors vacate, quit-claim and release an unused portion of the 20' waterline easement and a portion of May 27, 2003 474 the 15' sanitary sewer easement, and to accept in exchange a relocated new variable width sanitary sewer easement; and, WHEREAS, the proposed new easement meets the requirements of the affected County departments, the relocation will provide equivalent service, and the relocation will be accomplished without cost to the County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 13, 2003; and a second reading was held on May 27, 2003. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (unused portion of waterline easement and portion of sanitary sewer easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, an unused portion of a 20' waterline easement and a portion of a 15' sanitary sewer easement conveyed to the County of Roanoke by deed of easement dated March 3, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 1305, page 1397, across the property of Lewis- Gibbs Corporation identified upon the Roanoke County Land Records as Tax Map No. 27.13-4-2 in the Hollins Magisterial District of Roanoke County, designated as “PORTION OF EXISTING WATERLINE EASEMENT (D.B. 1305, PG. 1397) TO BE VACATED - L THRU O TO L” and “PORTION OF EXISTING PUBLIC SANITARY SEWER EASEMENT (D.B. 1305, PG. 1397) TO BE VACATED - A TO G TO H TO C TO A” on the ‘Easement Sketch for Lewis-Gibbs Corporation,’ dated May 5, 2003, a copy of which is attached hereto as Exhibit A, be and hereby is authorized to be vacated, quit-claimed and released. 4. That, in exchange, the “NEW PUBLIC SANITARY SEWER EASEMENT TO BE GRANTED,” as shown on the above-referenced plat attached hereto as Exhibit A, shall be granted and donated to the Board of Supervisors and acceptance of this easement is hereby approved. 5. That, as a condition to the adoption of this ordinance, Lewis-Gibbs Corporation shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with relocation of any lines, surveys, publication, and recordation of documents. 6. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara May 27, 2003 475 NAYS: None 2. Second reading of an ordinance to vacate, quit-claim and release two certain portions of a 25’ public drainage easement crossing the property of James R. Walker of Roanoke, LLC and to accept in exchange a relocated new 25’ public drainage easement, Cave Spring Magisterial District. (Paul Mahoney, County Attorney) O-052703-6 Mr. Mahoney reported that there have been no changes in this item since the first reading. There was no discussion on this matter. 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 052703-6 TO VACATE, QUIT-CLAIM AND RELEASE TWO CERTAIN PORTIONS OF A 25’ PUBLIC DRAINAGE EASEMENT CROSSING THE PROPERTY OF JAMES R. WALKER OF ROANOKE, LLC AND TO ACCEPT IN EXCHANGE A RELOCATED NEW 25’ PUBLIC DRAINAGE EASEMENT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, by deed dated January 16, 2003, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, as Instrument No. 200302859, James R. Walker of Roanoke, LLC, as owner of the subject parcels of land, conveyed to the Board of Supervisors of Roanoke County perpetual easements (15’ 25’ and variable width) for the purpose of management, collection, transmission and distribution of drainage; and, WHEREAS, the petitioner, James R. Walker of Roanoke, LLC (Walker) is the current owner of the land over which the above-described easements are located, said May 27, 2003 476 property being located on the east side of U. S. Route #220 at its intersection with Va. Secondary Route #766 in the Cave Spring Magisterial District, and being designated on the Roanoke County Land Records as Tax Map #88.03-1-29 and 88.03-1-29.1; and WHEREAS, Walker has requested that the Board of Supervisors vacate, quit- claim and release two certain portions of the 25’ public drainage easement, and in exchange, Walker is to convey an alternative 25' public drainage easement to the Board; and, WHEREAS, the proposed new easement meets the requirements of the affected County departments, the relocation will provide equivalent service, and the relocation has been accomplished without cost to the County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 13, 2003; and a second reading was held on May 27, 2003; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portions of public drainage easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3. That, subject to the following conditions, two certain portions of a 25’ public drainage easement across property of James R. Walker of Roanoke, LLC, located on the east side of U. S. Route #220 at its intersection with Va. Secondary Route #766 in the Cave Spring Magisterial District, and being designated on the Roanoke County Land Records as Tax Map #88.03-1-29 and 88.03-1-29.1 designated as "25' PUBLIC DRAINAGE EASEMENT TO BE VACATED" containing 2,149 sq. ft. and “25’ PUBLIC DRAINAGE EASEMENT TO BE VACATED” containing 1,525 sq. ft. on the “Plat Showing New 25’ Public Drainage Easement And The Vacation Of A 25’ Public Drainage Easement Crossing The Property Of James R. Walker Of Roanoke, LLC” dated April 8, 2003, a copy of which is attached to the proposed ordinance as Exhibit A be, and hereby are, vacated, quit-claimed and released; and, 4. That, in exchange, the “NEW 25' PUBLIC DRAINAGE EASEMENT” containing 1,082 sq. ft. as shown on the above mentioned plat, shall be granted and donated to the Board of Supervisors and acceptance of said easement is hereby approved; and, 5. That, as a condition to the adoption of this ordinance, Walker shall be responsible for all costs and expenses associated herewith, including but not limited to, all costs associated with relocation of the lines, surveys, publication, and recordation of documents; and, 6. That the County Administrator or any Assistant County Administrator is May 27, 2003 477 hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on 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, Church, Minnix, Altizer, McNamara NAYS: None IN RE: SECOND READING AND ADOPTION OF PROPOSED BUDGET 1. Resolution adopting the fiscal year 2003-2004 budget, including the fiscal year 2004-2008 Capital Improvement Plan, for Roanoke County, Virginia. (Brent Robertson, Budget Director) R-052703-7 Mr. Robertson reported that the resolution approving the fiscal year 2003- 04 budget for Roanoke County is detailed by fund and includes unappropriated balances for the General Government, Capital, Water and Sewer Funds. The School's budget is included in the overall County budget as presented in the resolution. Mr. Robertson stated that the proposed budget was submitted to the Board on April 22, 2003 and a public hearing on the proposed budget was held on April 22, 2003. The FY 2004-2008 Capital Improvements Plan (CIP), which was prepared in conjunction with the FY 2003-2004 budget, is included as part of this resolution. The proposed CIP represents an inventory of the County’s capital needs for the next five years. On April 22, 2003 there was a public hearing to secure citizen comments on the County’s FY 2004-2008 CIP. The adoption of the CIP does not represent an appropriation of funds. May 27, 2003 478 Mr. Robertson noted that approval of the County budget is for informative and fiscal planning purposes only and does not actually commit or appropriate funds for expenditure. The commitment of funds will not occur until the second reading and approval of the FY 2003-04 appropriation ordinance. Supervisor McNamara thanked the staff for the additional work that went into the budget preparation this year. He noted his surprise that once the budget process had progressed beyond the meetings with social and cultural agencies, there are rarely citizen comments regarding the budget. Supervisor Minnix expressed his pride in Roanoke County and the staff. He stated that when he considers the amount of funds that the state allocates to education, it is apparent that if the job is going to get done and keep Roanoke County Schools in the top 17% in the nation, it will have to take place at the local level. He commended staff for continuing to provide the services necessary and the citizens of Roanoke County who support the funding of these services. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-7 APPROVING THE FISCAL YEAR 2003-2004 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and May 27, 2003 479 WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on April 22, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 2003- 2004 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. 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 May 27, 2003 480 County of Roanoke Budget Adoption FY 2003-2004 Adopted FY 2003-04 Revenue Estimates General Fund General Government General Property Taxes86,850,700 Other Local Taxes24,503,000 Permits, Fees & Licenses641,687 Fines and Forfeitures639,400 Interest Income704,600 Charges for Services1,910,600 Commonwealth7,823,637 Federal2,600,000 Other1,760,316 Total General Government127,433,940 Comprehensive Services2,814,180 E-911 Maintenance975,131 Law Library41,648 S B & T Building387,609 VJCCCA/Life Skills317,620 Recreation Fee Class965,878 Internal Services2,753,219 County Garage282,606 Total General Fund135,971,831 Debt Service Fund - County3,121,789 Capital Projects Fund3,388,515 Internal Service Fund937,906 Water Fund11,781,093 Beginning Balance6,359,765 Total Water Fund18,140,858 Sewer Fund7,311,583 Beginning Balance2,570,328 Total Sewer Fund9,881,911 School Operating Fund104,532,177 School Cafeteria Fund3,871,000 School Capital Fund1,186,193 School Debt Fund8,409,277 Regional Alternative School361,143 School Grants Fund3,905,018 School Textbook Fund965,536 Total School Funds123,230,344 Total Revenues All Funds294,673,154 Less: Transfers(79,486,214) Total Net of Transfers215,186,940 May 27, 2003 481 Proposed Expenditures General Fund General Government General Administration2,313,021 Constitutional Officers8,300,923 Judicial Administration1,110,435 Management Services2,520,216 Public Safety16,334,687 Community Services9,647,828 Human Services12,414,208 Non-Departmental4,560,417 Transfers to School Operating Fund55,795,241 Transfers to School - Non Recurring125,000 Transfers to Capital Fund3,388,515 Transfers to County Garage132,513 Transfers to Debt Service Fund8,600,030 Other2,190,906 Total General Government127,433,940 Comprehensive Services2,814,180 E-911 Maintenance975,131 Law Library41,648 S B & T Building387,609 VJCCCA/Life Skills317,620 County Garage282,606 Recreation Fee Class965,878 Internal Services2,753,219 Total General Fund135,971,831 Debt Service Fund - County3,121,789 Capital Projects Fund3,388,515 Internal Service Fund937,906 Water Fund12,166,360 Unappropriated Balance5,974,498 Total Water Fund18,140,858 Sewer Fund6,969,139 Unappropriated Balance2,912,772 Total Sewer Fund9,881,911 School Operating Fund104,532,177 School Cafeteria Fund3,871,000 School Capital Fund1,186,193 School Debt Fund8,409,277 Regional Alternative School361,143 School Grants Fund3,905,018 School Textbook Fund965,536 Total School Funds123,230,344 Total Expenditures All Funds294,673,154 Less: Transfers(79,486,214) Total Net of Transfers215,186,940 May 27, 2003 482 In addition to the above revenues and expenditures, the following beginning balances will be appropriated to the Unappropriated Balances of the respective fund: General Fund9,000,000 Capital Fund360,000 May 27, 2003 483 May 27, 2003 484 May 27, 2003 485 May 27, 2003 486 May 27, 2003 487 2. Second reading of ordinance appropriating the funds for the fiscal year 2003-2004 budget. (Brent Robertson, Budget Director ) O-052703-8 Mr. Robertson stated that there has been one change to the appropriation ordinance from the first reading held on May 13, 2003. The Compensation Board has released the FY 2003-2004 state budget for the Sheriff’s Department and the approved budget includes three (3) additional “emergency funded” positions for the jail due to increased inmate population. Twelve (12) emergency funded positions were originally included in the Sheriff’s budget at the first reading (same level as FY 2002-2003); therefore, the additional 3 positions increases the total to 15 positions. These positions are funded by the state for a period of 12 months and will be reviewed by the Compensation Board on an annual basis as part of the state’s budget process. The attached Classification Plan reflects these 15 positions in Part III – Grant Funded and Temporary Full-Time Positions. The change in the appropriation ordinance results in $69,987 of additional revenue from the Commonwealth with a corresponding increase in the expenditure budget for care and confinement (jail). There was no discussion on this matter. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None May 27, 2003 488 ORDINANCE 052703-8APPROPRIATING FUNDS FOR THE 2003-04 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 22, 2003, concerning the adoption of the annual budget for Roanoke County for fiscal year 2003-04; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 27, 2003, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 13, 2003, and the second reading of this ordinance was held on May 27, 2003, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2003, and ending June 30, 2004, for the functions and purposes indicated: May 27, 2003 489 County of Roanoke Adopted FY 2003-2004 Budget May 27, 2003 Revenues: General Fund: General Government$127,433,940 Comprehensive Services2,814,180 E-911 Maintenance975,131 Law Library41,648 VJCCCA/Life Skills317,620 SB & T Building387,609 Recreation Fee Class965,878 Internal Services2,753,219 County Garage282,606 Total General Fund$135,971,831 Debt Service Fund - County$3,121,789 Capital Projects Fund$3,388,515 Internal Service Fund - Risk Management$937,906 Water Fund$11,781,093 Beginning Balance6,359,765 18,140,858 Sewer Fund$7,311,583 Beginning Balance2,570,328 9,881,911 School Funds: Operating$104,532,177 Cafeteria3,871,000 Capital1,186,193 Debt8,409,277 Regional Alternative School361,143 Grant3,905,018 Textbook965,536 Total School Fund$123,230,344 Total All Funds$294,673,154 May 27, 2003 490 County of Roanoke Adopted FY 2003-2004 Budget May 27, 2003 Expenditures: General Government: General Administration Board of Supervisors$277,339 County Administrator220,913 Community Relations109,446 Asst. Co. Administrators286,791 Human Resources486,663 County Attorney387,327 Economic Development544,042 Total General Administration$2,312,521 Constitutional Officers Treasurer$679,926 Commonwealth Attorney608,589 Commissioner of the Revenue652,901 Clerk of the Circuit Court821,519 Sheriff's Office1,496,025 Care & Confinement of Prisoners4,041,963 Total Constitutional Officers$8,300,923 Judicial Administration Circuit Court$197,068 General District Court40,878 Magistrate1,655 J & DR Court13,429 Court Service Unit857,405 Total Judicial Administration$1,110,435 Management Services Real Estate Assessments$832,425 Finance1,032,236 Public Transportation195,000 Management and Budget168,135 Procurement Services292,420 Total Management Services$2,520,216 May 27, 2003 491 County of Roanoke Adopted FY 2003-2004 Budget May 27, 2003 Public Safety Police$8,119,715 Fire and Rescue8,214,972 Total Public Safety$16,334,687 Community Services General Services$266,569 Solid Waste4,401,501 Community Development3,463,372 Building Maintenance1,516,386 Total Community Services$9,647,828 Human Services Grounds Maintenance$1,724,629 Parks and Recreation2,389,477 Public Health459,403 Social Services5,006,771 Contributions-Human Service, Cultural, Tourism407,483 Library2,086,791 VPI Extension89,456 Elections242,758 Total Human Services$12,406,768 Non-Departmental Employee Benefits$1,340,000 Miscellaneous821,000 Internal Service Charges2,399,417 Total Non-Departmental$4,560,417 May 27, 2003 492 County of Roanoke Adopted FY 2003-2004 Budget May 27, 2003 Transfers to Other Funds Transfer to Debt - General & Schools$8,600,030 Transfer to Capital3,388,515 Transfer to Schools55,447,942 Transfer to Schools - Non Recurring125,000 Transfer to Schools - Dental Insurance347,299 Transfer to Internal Services937,906 Transfer to Comprehensive Services1,153,000 Transfer to County Garage132,513 Total Transfers to Other Funds$70,132,205 Unappropriated Balance Board Contingency107,940 Total General Government$127,433,940 Comprehensive Services$2,814,180 E-911 Maintenance$975,131 Law Library$41,648 VJCCCA/Life Skills$317,620 SB & T Building$387,609 Recreation Fee Class$965,878 Internal Services Management Information Systems$2,306,216 Communications447,003 County Garage$282,606 Total Internal Services$3,035,825 May 27, 2003 493 County of Roanoke Adopted FY 2003-2004 Budget May 27, 2003 Total General Fund$135,971,831 Debt Service Fund - County$3,121,789 Capital Projects Fund$3,388,515 Internal Services Fund - Risk Management$937,906 Water Fund$12,166,360 Unappropriated Balance5,974,498 18,140,858 Sewer Fund$6,969,139 Unappropriated Balance2,912,772 9,881,911 School Funds: Operating$104,532,177 Cafeteria3,871,000 Capital1,186,193 Debt8,409,277 Regional Alternative School361,143 Grant3,905,018 Text Book965,536 Total School Funds$123,230,344 Total All Funds$294,673,154 In addition to the above revenues and expenditures, the following beginning balance will be appropriated to the Unappropriated Balance of the respective fund: General Fund$9,000,000 Capital Fund360,000 May 27, 2003 494 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2003, are re-appropriated to the 2003-04 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2003, and appropriations in the 2003- 04 budget. 5. That all school fund appropriations remaining at the end of the 2002-03 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2003-04. 6. That all General Fund appropriations remaining unexpended at the end of the 2002-03 fiscal year not lapse but shall be re-appropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re-appropriated to the same department for expenditure in fiscal year 2003-04 as provided by Resolution 042396-5. 7. Revenues collected for FY02-03 that exceed revenue appropriations and expenditure appropriations for FY02-03 that exceed actual expenditures for the year shall be re-appropriated for specific expenditures as follows: HP Migration and Software Application Upgrades $230,463 8. This ordinance shall take effect July 1, 2003. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: APPOINTMENTS 1. Clean Valley Council Supervisor Minnix nominated Dennis “Chip” Harris and Lee B. Eddy, Board Liaison, to serve additional two-year terms which will expire on June 30, 2005. May 27, 2003 495 2. Library Board (Appointed by District) Supervisor McNamara nominated Sheryl Ricci, Windsor Hills Magisterial District, to fill the unexpired term of the late David Smith. This four-year term will expire . December 31, 2003 3. Parks, Recreation and Tourism Advisory Commission (Appointed by District) Supervisor Altizer nominated Roger Falls, Vinton Magisterial District, to serve an additional three-year term which will expire June 30, 2006. 4. Virginia Western Community College Board Supervisor McNamara expressed an interest in serving in this position. IN RE: CONSENT AGENDA R-052703-9, R-052703-9.b Supervisor Minnix moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 May 27, 2003 designated as Item K - Consent Agenda be, and hereby is, approved and May 27, 2003 496 concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes – May 13, 2003 2. Request from Schools for appropriation of dual enrollment funds in the amount of $6,733 3. Resolution of appreciation upon the retirement of Lillie J. Kessinger, Social Services Department, after thirty years of service 4. Request to amend the Constitution and By-Laws for the Roanoke County Public Safety Volunteer Benefits Board of Trustees 5. Request to approve donation of Police Department vehicle to the Town of Pulaski 6. Request to accept donation of a right-of-way from Michael S. Harless and Deborah W. Harless (Tax Map No. 54.04-07-26), Catawba Magisterial District 7. Request to accept donation of a right-of-way from Clarice D. Hartwell (Tax Map No. 54.04-07-27), Catawba Magisterial District 8. Request to accept donation of an easement from Guy N. Walters, Sr. and Ina C. Walters (Tax Map No. 54.04-07-22), Catawba Magisterial District That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-9.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF LILLIE J. KESSINGER, SOCIAL SERVICE DEPARTMENT WHEREAS, Lillie J. Kessinger was employed by Roanoke County on April 4, 1973, as a Social Services Aide II; and WHEREAS, Ms. Kessinger retired from Roanoke County on May 1, 2003, after thirty years of service; and WHEREAS, Ms. Kessinger has always shown compassion and concern for all citizens, caring for many elderly persons throughout the years, assisting them with shopping, meeting medical needs, seeking resources, and other life enhancing services, and has been affectionately referred to as “the transportation lady”; and WHEREAS, Ms. Kessinger has exhibited great flexibility in providing an array of social services, and a willingness to support her peers in the expansion and development of new services; and May 27, 2003 497 WHEREAS, Ms. Kessinger has served with professionalism and integrity, and through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens LILLIE J. KESSINGER of Roanoke County to for thirty 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 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Barbara Duerk, 2607 Rosalind Avenue, spoke in support of bicycle paths being included in the improvements to Mountain View Road. She indicated that bicycle accommodations are for the convenience of motorists, and she appreciates space being provided for bicycles. She noted that she has been working with a group of individuals to revise the VDOT funding formula for bicycle and pedestrian accommodations. In April 2003, VDOT issued the following new directives revising bicycle and pedestrian policies so that non-motorized transportation receives the same consideration as motorized transportation: (1) Bicycle lanes, sidewalks, shared use paths or other accommodations shall be a part of the design of new highway and major reconstruction projects. (2) Bicyclists and pedestrians shall have easier access to the entire transportation system. (3) VDOT will review funding procedures for bike and pedestrian facilities so that they receive the same treatment as highway projects. (4) VDOT will identify laws that hinder bicycle and pedestrian accommodations in May 27, 2003 498 construction projects. (5) VDOT will appoint a regional advisory council to address this issue. Supervisor Church expressed his appreciation to Ms. Duerk for her hard work on behalf of the Roanoke Valley, and noted that the Catawba area, as well as the other four districts, experience problems avoiding collisions with cyclists. Ms. Michele Morgan, 4956 Wing Commander Drive, spoke regarding concerns about the potential lighting of sports fields at Hidden Valley High School. Ms. Morgan requested clarification regarding the zoning ordinance, sentence 3, which states: “All proposed recreation areas shall be passive field areas with the exception of proposed track, baseball/softball field, and tennis courts”. She noted that the television segment which aired noted that there would be lighting on the soccer field. Ms. Morgan requested a clear definition of the word “passive”. She also expressed concerns over the item discussed earlier in the meeting regarding the dissolution of the recreation clubs. She stated that the implication was that the groups were working to light the fields at Hidden Valley High School, and she expressed the need to inform the residents in this area if any changes are to be discussed. Supervisor McNamara clarified that the fields that were discussed earlier in the meeting were located at the Merriman site. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: May 27, 2003 499 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 – April 2003 IN RE: CLOSED MEETING Supervisor McNamara moved to go into closed meeting followed by work sessions at 4:32 p.m. pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely eminent domain proceedings, Chambers drainage easement. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: CLOSED MEETING Closed meeting was held from 6:40 p.m. until 6:51 p.m. IN RE: WORK SESSIONS 1. Demonstration of voting machines. (Diane Henson, Registrar) Work session was held from 4:45 p.m. until 5:25 p.m. and was presented by Diane Henson, Registrar. Also present were Kimberlee Shoup and Debbie Alaveri, May 27, 2003 500 representatives from WinVote, and RonKeith Adkins, representative from the Electoral Board. Ms. Shoup demonstrated the new electronic voting machines which weigh approximately 9 pounds. The complete unit weighs approximately 25 pounds and includes a booth which serves as the carrying case, storage case, and voting booth. The new equipment is a wireless system which will allow a voting precinct to be set up in five minutes. The machines hold the database for the entire election, and smart cards are used to adapt each machine to the appropriate precinct. Machines contain their own printer and modem. A poll worker will be responsible for activating the machine for each voter, and the ballot can be displayed in three modes: normal, zoom, or audio (for those with visual impairments). Ms. Henson reported that the anticipated reimbursement from the state for replacement of the machines is $4,000 per precinct. It was the consensus of the Board to schedule a work session on June 24 for Ms. Henson to update the Board regarding the test of the equipment which is to be conducted during the primary held on June 10, 2003. If the results of the test are favorable, this matter is to be brought to the Board for approval at the June 24 meeting. 2. Discussion of proposed amendments to the Roanoke County Zoning Ordinance 30-93, Signs. (Janet Scheid, Chief Planner; David Holladay, Planner) The work session was held from 5:31 p.m. until 6:30 p.m. and was presented by Janet Scheid, Chief Planner, and David Holladay, Planner. May 27, 2003 501 Mr. Holladay reported that the proposed changes to the ordinance involve a cap and replace system whereby the total number of billboards in Roanoke County would be capped. No increase in the number of billboards would be allowed, although some billboards would be allowed to be relocated. He reported that there are currently 109 billboards in Roanoke County, and the provision in the ordinance places priority on replacing billboards which are non-conforming. Many of the non-conforming billboards are not conforming due to the zoning district where they are located, and agricultural districts are where the majority of these situations occur. Mr. Holladay stated that the proposed ordinance would require the removal of a non-conforming billboard in order to relocate a billboard to a conforming location. If all the non-conforming billboards have been removed, then the conforming billboard can be relocated. The advertising/sign industry has expressed concerns if they lose a conforming billboard, they will lose this billboard and also be required to remove a non-conforming billboard in order to erect a new billboard. This is due to placing a priority on reducing the number of non- conforming billboards. Ms. Scheid indicated that the intent of the zoning ordinance is to phase out non-conforming billboards. She stated that approximately half of the billboards in Roanoke County are non-conforming, and the primary reason for this is due to the zoning district. She clarified that if for any reason a conforming billboard is lost, a non- conforming billboard must be removed in order to erect another conforming billboard. She also indicated that if a conforming billboard is damaged, it can be repaired. May 27, 2003 502 There was general discussion regarding the replacement of non- conforming billboards in the event they are damaged. Mr. Holladay stated that if a non- conforming billboard is damaged beyond 50%, it cannot be rebuilt. It may be restored within 90 days of damage or destruction, but shall not be enlarged, extended, or structurally reconstructed in any manner. The wording “extended, or structurally reconstructed in any manner” is a proposed addition to the ordinance. In response to Supervisor Minnix’s suggestion that the number of non- conforming signs be gradually phased out over time, Mr. Mahoney indicated that staff would like to pursue this option but the sign industry has fought against an amortization period. He stated that the 50% rule is open to interpretation, and he recommended changes to define “structurally reconstruct” and attempt to clarify the intent of the ordinance. He indicated that it is a matter of philosophy: does the Board wish to allow non-conforming signs to remain, or is the intent of the ordinance to phase out non- conforming signs. Mr. John G. “Chip” Dicks, counsel for the outdoor advertising industry in Virginia and Lamar Advertising Company, stated that state law prohibits amortization of non-conforming billboards. Mr. Dicks indicated that there is a provision in the Highway Code that states that if a local government removes a billboard, they must pay just compensation to the owner. This recognizes the fact that there are vested rights for the land and billboard owners and these rights are protected as a matter of state statute. Mr. Dicks indicated that the Board has basically adopted this policy in the zoning May 27, 2003 503 ordinance in terms of the two year rule for vested rights which states that if the non- conforming use is not exercised within that two year period of time, under most local government zoning ordinances, the vested rights are lost. Mr. Dicks indicated that this is consistent with the County’s ordinance and the state law. The Highway Code gives specific provisions with respect to removal. It states that if a billboard was lawful when it was erected and the zoning ordinance in that area is subsequently changed, that billboard then becomes non-conforming. He indicated that a number of billboards are now non-conforming either by state law or based upon zoning changes. The VDOT standard for phasing out a non-conforming use is 60% of the replacement cost of the value of the billboard. There was general discussion regarding how replacement cost is determined and what determines the value of a billboard. Mr. Dicks requested that the Board consider the removal of the language on page 8 of the ordinance which referred to “structurally reconstructed” and on page 9 which included “enlarged, extended or structurally reconstructed in any manner”. It was noted that Lamar Advertising owns 50 billboards which is approximately half of the 109 billboards in Roanoke County. There was discussion regarding the allowance of tri-vision signs which had previously not been allowed under the zoning ordinance. This type of sign allows for three signs to be displayed on one billboard. Mr. Hodge requested that the sign industry work with the County to reduce the number of non-conforming signs. It was noted that there are approximately 4-5 sign May 27, 2003 504 companies in Roanoke County. Mr. Dicks recommended the use of incentives to encourage billboard companies to move signs out of non-conforming areas. Supervisor Minnix requested that an additional work session be held to further discuss this matter and include representatives from each of the 4 or 5 sign companies in Roanoke County. . Don Witt, representative from the Roanoke County Planning Commission, indicated that there is a perception that the Planning Commission is “beating up on” the billboard industry. He reported that the Planning Commission has tried during the past year to reach a compromise with the sign industry. He stated that their goal was to reduce the number of non-conforming signs, and the allowance of tri- vision signs was offered as an incentive. The tri-vision signs basically allow the sign industry to have three signs in one. Bill Lodzinski, Lamar Outdoor Advertising, indicated that he viewed the cap and replace system as the compromise. He indicated that they did not introduce the issue of tri-vision signs. There was discussion among the members of the Board and the sign industry about the safety of tri-vision signs and the possibility of removing the allowance for these signs. Other representatives of the sign industry present at the meeting included Rick St. Clair and Garland Kitts, Lamar Advertising. It was the consensus of the Board that several issues still need to be resolved with this ordinance, and there was consensus to postpone action on this May 27, 2003 505 matter at the evening session and to schedule a work session at the June 10 meeting with the Planning Commission and representatives of the sign industry to further discuss this matter. It was decided that the public hearing will still be held at tonight’s meeting. IN RE: CERTIFICATION RESOLUTION R-052703-10 At 7:02 p.m., Supervisor McNamara moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-10 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. 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 May 27, 2003 506 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to William Byrd High School Cheerleading Competition Team for winning the Group AA State Cheerleading Championship R-052703-11 Chairman McNamara presented the resolution to Barbara Shutt, Coach. Also present was Richard Turner, Principal. Certificates of recognition were presented to members of the team. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-11 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM FOR WINNING THE GROUP AA STATE CHEERLEADING CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Cheerleading Competition Team is comprised of members of both the Junior Varsity and Varsity squads who are judged and selected for membership on the competition team; and WHEREAS, the competition team won the Group AA state cheerleading championship for the second consecutive year, defeating 16 other schools at the state tournament which was held at Virginia Commonwealth University in Richmond; and, WHEREAS, the team won the Region III Championship for the fourth consecutive year and also won the Blue Ridge District Competition for the third consecutive year; and WHEREAS, the team is coached by Barbara Shutt and Assistant Coaches Ruth Overfelt, Shawna Hastings, Kelly Dewease, Lindsay Divers, and Belinda West; and May 27, 2003 507 WHEREAS, teamwork is essential in the sport of cheerleading with each member contributing to the success of the team; and WHEREAS, individual members of the team were recognized for the following accomplishments: st 1 Team All District: Monica West Emily Holdren nd 2 Team All District: C. J. Tribble Ashley Creasy NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the WILLIAM BYRD HIGH SCHOOLCHEERLEADING COMPETITION members of the TEAM: Leann Barber, Christina Bryan, Jamie Conner, Ashley Creasy, Ashleigh Glass, Amanda Gurley, Allyson Henderson, Emily Holdren, Amber Hylton, Renae Hylton, Heather Leffell, Amanda Mitchell, Chelsea Roark, Ashli Semones, Josh Thomas, Joy Thomas, Courtney Thompson, C. J. Tribble, Monica West, Ashley Williams and Amy Neas, Alternate, for their athletic ability, their team spirit and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches and the school in their future endeavors. 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 2. Resolution of congratulations to students at Burton Technology Center for winning the Virginia Skills USA Vocational Industrial Clubs of America, Inc. (VICA) awards R-052703-12 Chairman McNamara presented the resolution to Joan Farley, Skills USA advisor, and Ben Helmandollar, Associate Administrator of Career and Technical Education. Certificates of recognition were presented to the following students: Abby Jones, Elaine Main, Dominik Poetek, J. D. Riddle, Blair Shriver, Erin Sowder, Tucker May 27, 2003 508 Stapleton, and Amanda Wilson, Cave Spring High School; Ben Hicks, Kirk Gravely, and Chance Worley, Glenvar High School; Josh Thurston and Victoria Padgett, Hidden Valley High School; Tara Gravely, Northside High School; April Brown, William Byrd High School; and Zach Emerson, a post-secondary Computer Information Technology student. The Board members extended their congratulations to the students and expressed pride in their achievements. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 052703-12 OF CONGRATULATIONS TO VOCATIONAL INDUSTRIAL CLUBS OF AMERICAN, INC. (VICA) STUDENTS AT A. R. BURTON TECHNOLOGY CENTER FOR WINNING THE VIRGINIA SKILLS USA VICA AWARDS WHEREAS, SkillsUSA–VICA is the second largest student organization in the nation, serving more than 260,000 high school and college students and professional members who are enrolled in training programs in technical, skilled and service occupations; and WHEREAS, there are approximately 13,000 VICA members from 203 schools in the Commonwealth of Virginia; and WHEREAS, several students from A. R. Burton Technology Center, having achieved first place in local and district level competitions, won gold medals at the Virginia SkillsUSA-VICA state competition held in April, 2003; and WHEREAS, the following awards were received: ? American Spirit Award:Abby Jones and Erin Sowder, Cave Spring High School; and Tara Gravely, Northside High School. Selected the chapter with the best activities in community service, patriotism, citizenship and public relations. Students submit a scrapbook and May 27, 2003 509 participate in an interview. ? Promotional Bulletin Board:Amanda Wilson and Dominik Poetek, Cave Spring High School. Awarded to the student designed and constructed bulletin board that does the best job of promoting Career and Technical Education and SkillsUSA-VICA. ? Occupational Display:Ben Hicks, Kirk Gravely, and Chance Worley, Glenvar High School; J. D. Riddle, Cave Spring High School; and Josh Thurston and Victoria Padgett, Hidden Valley High School. Awarded to the student designed and constructed display which best depicts their particular program. The display was built by welding students. ? Students of the Year:Tucker Stapleton, Cave Spring High School, and April Brown, William Byrd High School. Awarded to the male and female students who have demonstrated excellence in all aspects of student life. Students must document activities, grades and attendance; demonstrate leadership at the highest level; successfully complete an examination; and participate in an interview. ? Community Service: April Brown, William Byrd High School, and Elaine Main, Cave Spring High School. Awarded to the school which completed the most thorough and successful community service activity. The activity must be documented and students complete a presentation before a panel of judges. The activity was an angel tree project for the Head Start center located at A. R. Burton Technology Center. ? Job Interview: Zach Emerson, a post-secondary Computer Information Technology Student. Awarded to the student who demonstrated the best ability to successfully complete a job interview before a panel of business and industry judges. ? Spelling: Blair Shriver, Cave Spring High School. Awarded to the student who scores the highest on a written spelling examination. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the students at A. R. Burton Technology Center for winning the Virginia USASkills-VICA awards; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to each of the students in all of their future endeavors. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE May 27, 2003 510 1. First reading of ordinance to increase the salaries of the members of the Board of Supervisors pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia. (Paul Mahoney, County Attorney) Mr. Mahoney reported that this ordinance would provide for a salary increase for members of the Board of Supervisors in accordance with provisions outlined in the County Charter and in the Code of Virginia, Section 15.2. He noted that these statutory provisions set forth the procedure that must be followed and the time frame in which it must occur. The Board is considering a 2% salary increase which, in accordance with past practices, is consistent with the salary increases which have been approved for County and School employees. The amount of the increase would provide each Board member with an increase of $269.89. Mr. Mahoney noted that this is a first reading and public hearing. The second reading is scheduled for June 10, 2003. There were no citizens present to speak on this matter. In response to a question from Supervisor Church, Mr. Mahoney confirmed that this increase is $269.89 per year. Supervisor Minnix stated that when you look at the salaries of paid officials, particularly members of the Board of Supervisors, you realize that they are motivated by reasons other than the money. He indicated that he was supporting this increase to benefit individuals who may choose to serve on the Board in the future and to help attract quality individuals. He stated that the number of hours needed for May 27, 2003 511 meetings, discussions with citizens, and other obligations of serving on the Board, translates to a low hourly wage. Supervisor Minnix moved to approve the first reading and set the second reading for June 10, 2003. The motion 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 ordinance to rezone .67 acres from C-1 Office District to C-2 General Commercial District in order to operate a beauty salon located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Windsor House, Inc. (Janet Scheid, Chief Planner) Withdrawn at the request of the petitioner Chairman McNamara confirmed that this item had been withdrawn at the request of the petitioner. 2. Second reading of an ordinance to rezone 1.8 acres from R-3 Medium Density Multi-Family Residential District to C-1 Office District in order to operate a general office located at 3406 Ogden Road, Cave Spring Magisterial District, upon the petition of Balzer & Associates, Inc. (Janet Scheid, Chief Planner) Withdrawn at the request of the petitioner May 27, 2003 512 Chairman McNamara confirmed that this item had been withdrawn at the request of the petitioner. 3. 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) Postponed from April 22, 2003 by the Planning Commission Ms. Scheid stated that this effort to revise the Roanoke County sign ordinance began approximately 15-16 months ago at the request of the Planning Commission regarding ways to revise the sign ordinance to achieve several goals dealing with on-premise signs and billboards. The Planning Commission expressed interest in clarifying the ordinance with respect to on-premise signs and simplifying the enforcement process for staff. In addition, the Planning Commission outlined the following goals with respect to billboards: (1) Over a period of time, reduce the overall number of billboards. (2) Over a period of time, reduce the number of non-conforming billboards. One of the methods recommended by staff to achieve these goals was the proposed ban on all new billboards, a strategy which has been utilized by a number of localities in Virginia. This process was rejected by the Planning Commission who expressed an interest in achieving a compromise solution with the sign industry to achieve the specified goals. Ms. Scheid indicated that at that time, staff prepared a revised ordinance which includes a “cap and replace” policy. This means that new May 27, 2003 513 billboards can be installed, but in return a billboard must be removed. To achieve the Planning Commission’s goal of reducing the number of non-conforming billboards, the revised ordinance places a priority on removing non-conforming billboards. In some specific instances, this may result in a conforming billboard coming down and a non- conforming billboard also having to be removed in order to install one new billboard. Ms. Scheid stated that over the course of the past 15-16 months, Planning Department staff and members of the Planning Commission have met approximately 8- 10 times in work session and public hearings regarding this issue. She indicated that from the outset, representatives of both the on-premise and billboard sign industries have attended and participated in the meetings. These representatives indicated that they did not want to see a total ban on new signs and the Planning Commission listened to these concerns. Ms. Scheid outlined the major amendments to the sign ordinance which are as follows: (1) Allowing temporary signs (banners) by annual permit, but in exchange, reducing the number of banners allowed from two to one. (2) Prohibiting roof and portable signs. (3) Amending the ordinance so that non-conforming signs that lose their main supporting structure(s) cannot be rebuilt. (4) Offering a reduced setback option for freestanding signs in commercial and industrial zoning districts, in exchange for reduced sign height. (5) Amending the off-premises (billboard) regulations by placing a cap on the number of billboards currently existing in Roanoke County. Construction of new billboards would still be allowed, but only after removing an existing May 27, 2003 514 billboard. Priority would be given to removing first those billboards that do not conform to current standards. (6) Providing for construction of tri-vision changeable messages on certain off-premises signs. (7) Amending definitions to support the proposed regulatory changes. Ms. Scheid stated that the Planning Commission heard the revised ordinance at their meeting on May 6, and one citizen spoke in favor of the revisions. The planning commission approved the matter with a vote of 3-0. Mr. Roger Holnback, 2302 Stanley Avenue, spoke in favor of the proposed revisions to the sign ordinance. He stated that the proposed changes allow for a change in the location of the signs which can be very effective in re-establishing the rural character of the community in the outlying portions of the County. Mr. Robert H. Hunt, 709 Maryland Avenue, spoke in favor of the proposed revisions to the sign ordinance. He stated that the County is a trendsetter, as noted by their work in the visioning process which led to the formation of the Western Virginia Land Trust and also the enlightened cell phone ordinance established by Roanoke County which led the way for other jurisdictions. He stated that the proposed ordinance seems to be an enlightened approach which provides a workable solution that should be implemented. Ms. Kristin Peckman, 8131 Webster Drive, spoke in favor of the proposed revisions to the sign ordinance. She indicated that when she moved to Roanoke in 1981, the area was a “magnificent scenic valley”. She indicated that people who live May 27, 2003 515 here do not realize the treasure they have and are not preserving the area. She stated that billboards are an eyesore to everyone except those who put them up and those whose products and services are advertised on them. She requested that the Board adopt the proposed resolution. Mary Zirkle, 747 Devonshire Drive, submitted a written statement to the Board in support of the proposed revisions to the sign ordinance since she was unable to attend the meeting. She stated that the “ordinance revision is a step in the right direction to enabling the goal, implementation strategies, and objectives laid out in 1998 Community Plan”. She also indicated that 9 of the top 10 Virginia localities, ranked in terms of total tourist expenditures, do not allow billboards. She stated that there “is a place for billboards. Agricultural lands and open spaces in Roanoke County are a more precious commodity for us as citizens and our local tourist industry than is the allowance of outdoor advertisement that benefits the billboard industry”. Supervisor McNamara stated that the Board met in work session this afternoon regarding this matter, and he indicated that a number of issues still need to be resolved. John G. “Chip” Dicks, counsel for the outdoor advertising industry in Virginia and Lamar Advertising Company, noted that a constructive dialogue took place during the work session and the focus has narrowed down to several issues which he feels can be resolved. He stated that if it is the Board’s pleasure to defer action on this matter, he is committed to working with the County Attorney, County Administrator and May 27, 2003 516 the Planning Department to address those issues. Supervisor Minnix stated that this issue may be more complex than the Board initially thought, and he commended the Planning Department for their efforts in attempting to regulate sign issues. He indicated that as many questions began to arise, he did not feel comfortable in voting on this matter until these issues have been resolved. He stated that there is still a good possibility that the sign industry may lose some signs, and that it is his desire to mediate this solution to soften the blow for those affected. He emphasized the need to find a solution that will enhance the beauty of Roanoke County, while at the same time providing a workable solution for the sign companies. He requested an additional meeting regarding this issue. Supervisor McNamara indicated that he felt the majority of the Board wanted to hold an additional work session. He suggested that since this matter has been ongoing for some time, he would not recommend postponing the matter for four weeks. He recommended that a work session with the Planning Commission and the sign industry be held at the June 10 meeting. Supervisor Altizer stated that he was in favor of scheduling this matter within two weeks and moving forward from that point. If additional information is needed, the matter can be carried forward at that time. Supervisor Flora stated that it became obvious during the work session that there were a number of unresolved issues. He indicated that returning this matter to the sign industry and staff will not necessarily solve the problems because the Board May 27, 2003 517 will be responsible for ultimately making the decision. He indicated that the Board needs to provide direction to the staff regarding the Board’s desired modifications to the ordinance. He indicated that at the next work session, the Board should be prepared to provide the necessary direction to staff to modify the ordinance so it can be returned to the Board for approval in four weeks. Supervisor McNamara indicated that the Planning Commission should be included in this meeting, and Supervisor Flora concurred. Supervisor McNamara moved to postpone action on this item until June 24, 2003 and to schedule a work session on June 10 with the Planning Commission to further discuss this issue. The motion 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 a religious assembly facility on 5.99 acres, located at 7700 Willow Branch Road, Cave Spring Magisterial District, upon the petition of Lighthouse Church of the Brethren. (Janet Scheid, Chief Planner) O-052703-13 Ms. Scheid reported that the property is currently zoned AG-3 and religious assembly is permitted in this zoning district with a special use permit. She indicated that the petitioner currently owns the property which is located on Boones May 27, 2003 518 Chapel Road in Boones Mill. The petitioners wish to build a new church that will accommodate their current membership of 60, as well as proposed growth to a 100 seat sanctuary. The Planning Commission approved this matter with a vote of 3-0. Supervisor Minnix noted that this was a good location for a church, the individuals in the area are good folks, and the right to worship is granted in the constitution. There were no citizens present to speak on this matter. 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 052703-13 GRANTING A SPECIAL USE PERMIT TO LIGHTHOUSE CHURCH OF THE BRETHREN TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY ON 5.99 ACRES LOCATED AT 7700 WILLOW BRANCH ROAD (TAX MAP NO. 114.00-2-18.2), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Lighthouse Church of the Brethren has filed a petition for a special use permit to construct a religious assembly facility on 5.99 acres located at 7700 Willow Branch Road (Tax Map No. 114.00-2-18.2) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 6, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 22, 2003; the second reading and public hearing on this matter was held on May 27, 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 Lighthouse Church of the Brethren to construct a religious assembly facility on 5.99 May 27, 2003 519 acres located at 7700 Willow Branch Road (Tax Map No. 114.00-2-18.2) 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. 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, Church, Minnix, Altizer, McNamara NAYS: None 5. Second reading of an ordinance to rezone 4.842 acres from R-1 Low Density Residential District to R-3 Medium Density Multi- Family Residential District with conditions in order to construct multi-family dwellings located at 1400 Hardy Road, Vinton Magisterial District, upon the petition of Development & Design, LLC. (Janet Scheid, Chief Planner) O-052703-14 Ms. Scheid stated that the petitioners would like to build 18 one-story patio homes on this site with one private street entering the site. She indicated that the property adjoins the Deer Ridge townhouse development and at the public hearing held by the Planning Commission on May 6, Mr. Cary Johnson, President of the Deer Ridge Homeowners Association, expressed concerns about the number, type and height of the proposed structures. He specifically expressed concern regarding access from the Deer Ridge townhouses and access from the Deer Ridge townhouses to the Wolf Creek May 27, 2003 520 Greenway. Ms. Scheid stated that the petitioner’s property is aligned between the Deer Ridge townhouses and the Wolf Creek Greenway. Mr. Johnson stated that the residents of Deer Ridge use the greenway on a daily basis and are concerned that their access to the greenway may be impeded by the new development. The petitioner to counsel addressed this matter, and indicated that they would be willing to explore the use of a public open space which would help to address this situation. The Planning Commission approved the request with a vote of 3-0 with the following conditions: (1) Petitioner proffers that the site will be developed as a patio home community in substantial conformity with the concept plan. (2) Petitioner proffers that the area along Wolf Creek identified on the concept plan as a green space/conservation area will not be developed but held out as an amenity for the residents of this development with the possibility of dedicating all or a portion of the area as part of the greenway trails system. Mr. David Helscher, attorney for Mr. and Mrs. Russell Short who are the owners and developers of the site, indicated that Ms. Scheid had accurately stated the intent of the petitioners. He stated that he feels that the concerns expressed by the residents of Deer Ridge have been adequately addressed, as evidenced by the fact that they were not present at the meeting. Mr. Helscher indicated that the petitioners were present at the meeting. Supervisor Altizer asked Mr. Short if he is willing to proffer dedicating a portion of the property to the greenway. Mr. Short indicated that the greenway is located across the street from their property. He stated that there is a sidewalk in front May 27, 2003 521 of his property which runs to Deer Ridge. He has spoken with the representative from the greenway and was informed that there was nothing he could do to benefit the greenway other than making the appearance on his property appealing to the homeowners and the general public. He stated his intention to maintain the property and have it “look like a park”. Supervisor Altizer questioned Ms. Scheid regarding the possibility of an easement for the greenway through this property. Ms. Scheid indicated that she had spoken with the residents of Deer Ridge at the Planning Commission hearing, and they voiced the concern that they do not have safe access from their development to the petitioner’s development due to a significant change in grade. Ms. Scheid indicated that if they were able to obtain suitable access to the petitioner’s property, then she felt that the petitioner would be willing to dedicate an area of open space towards Hardy Road to allow a crossing to the greenway. Mr. Helscher noted that none of the actions proposed by the petitioner will inhibit Deer Ridge. As noted, the greenway is located across the road from the petitioner’s property. He stated that if the greenway is interested in this property, the petitioner is willing to work with them and they intend to maintain this area as an open green space whether it is privately owned and maintained or whether it is dedicated as a part of the greenway trails system. Ms. Scheid indicated that she is working to schedule a meeting with the Homeowners Association at Deer Ridge and Liz Belcher, Greenways Coordinator, to try May 27, 2003 522 to resolve the issue of access to the greenway. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 052703-14 TO CHANGE THE ZONING CLASSIFICATION OF A 4.842-ACRE TRACT OF REAL ESTATE LOCATED AT 1400 HARDY ROAD (TAX MAP NO. 61.18-2-24) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF DEVELOPMENT & DESIGN, LLC WHEREAS, the first reading of this ordinance was held on April 22, 2003, and the second reading and public hearing were held May 27, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 6, 2003; 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 zoning classification of a certain tract of real estate containing 4.842 acres, as described herein, and located at 1400 Hardy Road (Tax Map Number 61.18-2-24) in the Vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of R-3, Medium Density Multi-Family Residential District. 2. That this action is taken upon the application of Development & Design, LLC. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers that the site will be developed as a patio home community in substantial conformity with the attached concept plan prepared by Rodney Pierson, dated February 10, 2003. (2) Petitioner proffers the area along Wolf Creek identified on the concept plan as a green space/conservation area will not be developed but held out as an amenity for the residents of this May 27, 2003 523 development with the possibility of dedicating all or a portion of the area as part of the Greenway Trails system. 4. That said real estate is more fully described as follows: Beginning at a point on the northerly right of way line of Hardy Road (State Secondary Rte. 634), variable in width, said point being a corner to the property of Pierre and Carolyn Goria (Tax Map No. 61.18-2-23); thence leaving Hardy Road and with the line of Goria and also following generally the easterly boundary of Wolf Creek the following ten courses and distances: N. 14 deg. 55’ 27” W. 94.56 feet; N. 33 deg. 33’ 15” E. 26.93 feet; N. 5 deg. 58’ 45” E. 95.62 feet; N. 14 deg. 35’ 47” W. 54 feet; N. 10 deg. 47’ 10” E. 92.96 feet; N. 9 deg. 24’ 08” E. 54.35 feet to a point on line of Town of Vinton (Tax Map No. 61.18-2- 22); thence with the same and still following Wolf Creek, N. 27 deg 45’ 15” E. 107.35 feet; N. 48 deg. 05’ 00” E. 130.90 feet; N. 25 deg. 15’ 00” E. 64.90 feet; N. 44 deg. 05’ 00” E. 112.30 feet to a point on line of property of R. Stephen Brown (Tax Map No. 61.18-2-25); thence leaving Wolf Creek and with the line of Brown and other lots in Deer Ridge Subdivision, S. 17 deg. 43’ 50” E. 346.63 feet to a point; thence continuing with the Deer Ridge Subdivision, S. 10 deg. 50’ 00” E. 199.95 feet to a point; thence continuing with the lands of the Deer Ridge Homeowners’ Association, S. 47 deg. 20’ 20” W. 415.83 to a point on the northerly right of way line of Hardy Road; thence with the same, a curve to the right whose chord bearing and distance is: N. 52 deg. 24’ 11” W. 128.75 feet, an arc distance of 128.75 feet, a radius of 5,618.43 feet to the place of Beginning, and containing 4.84 acres, Tax Map No. 61.18-2-24, more particularly shown on Concept Plan for Greenway Landing dated February 10, 2003, made by Roderick F. Pierson, L.S. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance with conditions, 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: (1) He reported that on May 10 a special election was held and he congratulated Brandon Bell for receiving the nomination. He stated that May 27, 2003 524 something was terribly wrong, however; “we forgot the people”. He indicated that from the beginning he had declared that the process was flawed and he vowed to make this statement, win or lose. He stated that a 1% turnout should not occur in any election, regardless of the winner. He encouraged citizens to exercise their right to vote. He indicated that some may joke, but they do not understand the blood, sweat and tears which go into running for a state office. He emphasized that voting is a privilege in this country, and he congratulated the four other candidates who participated in this race and spoke of the difficulties in covering five large areas during the campaign. Supervisor Minnix: (1) He stated that the process of refining ordinances is a difficult task, and he applauded Janet Scheid, Chief Planner, for doing a difficult job exceedingly well. He suggested that the Board provide greater input to staff, in the future, in order to provide clearer direction from the Board. Supervisor Altizer: (1) He indicated that he was very fortunate in the last two weeks to have attended the Police Officers Memorial Service and the National EMS Memorial Service. He met family members of individuals who died in the twin towers tragedy. He asked citizens to let all police officers and EMS personnel know how much they are appreciated, and to understand that these individuals may someday make the ultimate sacrifice for the citizens of Roanoke County. Supervisor Flora: (1) He stated that although he was on vacation and unable to attend the last meeting, his thoughts were with the Board the entire time they were in session. May 27, 2003 525 Supervisor McNamara: (1) He reminded Supervisor Flora that the meetings are webcast and that he could have viewed the meeting live. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 8:22 p.m. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman May 27, 2003 526 This page intentionally left blank