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HomeMy WebLinkAbout9/14/2004 - Regular September 14, 2004 689 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 14, 2004 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of September, 2004. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph McNamara, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Dr. Maurita Wiggins, Valley Community Church. The Pledge of Allegiance was recited by all present. September 14, 2004 690 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested that Item P-3 (Virginia Department of Transportation (VDOT) work session to discuss the prioritized list of primary and interstate projects) be moved to Item P-1. He advised that after the work session, the Board would return to Request to adopt a prioritized list of primary and open session to consider Item S-1 ( interstate projects to be presented at the pre-allocation public hearing for the VDOT Six-Year Improvement Program, fiscal years 2006-2011). After that item has been heard, the Board will return to the Fourth Floor Training Room for the remaining work sessions. Mr. Mahoney added an item to the closed session pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely the contract for the public safety center. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Certificate of recognition to Roanoke County Schools for being selected as one of the Best 100 Communities for Music Education in America in 2004 Chairman Flora presented the certificate of recognition to Jim Bradshaw, Music Coordinator. Dr. Linda Weber, School Superintendent, was also present. September 14, 2004 691 2Recognition of Ms. Miki Sawada, Yokohama, Japan, for . completion of an internship with Roanoke County Chairman Flora presented a certificate of honorary citizenship and Roanoke County throw to Ms. Sawada. He advised that while at the County, Ms. Sawada’s main focus was economic development, and he recognized the members of the Economic Development Department who were present. IN RE: NEW BUSINESS 1. Request to approve resolution authorizing the application, acceptance and appropriation of a Homeland Security grant to the Fire and Rescue Department in the amount of $285,619.08 from the Office of Domestic Preparedness. (Rick Burch, Chief of Fire and Rescue) R-091404-1 Chief Burch requested that the Board authorize the application, acceptance, and appropriation of the Homeland Security grant funds which are the 2004 allocations received by the County. Although the funds are to be divided between the Fire and Rescue and Police Departments, they are being placed in the Fire and Rescue budget because they are responsible for emergency management. The program started in 1999 but the first funding of approximately $3,800 was not received until 2002. The grant provides that towns receive a certain percentage of the grant and the Town of Vinton will receive $25,000 of these funds to assist with their emergency September 14, 2004 692 preparedness. Chief Burch advised that the County is much better prepared after conducting the research and pre-planning which is required in this nationwide effort. In response to Supervisor Church’s inquiry, Chief Burch advised that Division Chief Joey Stump was given the responsibility for this grant in March, 2003, and with the assistance of many County departments was successful in securing it. Supervisor Church asked that Chief Burch convey the Board’s appreciation to Division Chief Stump. Supervisor Wray stated that these funds are not matching funds and inquired if the majority of the funds will go towards the new Computer Aided Dispatch (CAD) system. Chief Burch advised in the past the federal government listed specific things the funds could be used for and last year, it could not be used for CAD systems. The list has changed this year and the County will use the majority of the funds for the CAD system. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION091404-1 DESIGNATING THE APPLICANTS AGENT, THE ACCEPTANCE OF THE GRANT AND APPROPRIATION OF GRANT MONIES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for and in behalf of the Roanoke County, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the September 14, 2004 693 purpose of obtaining certain Federal financial assistance under the ODP, National Domestic Preparedness Office Grant Program (s), administered by the Commonwealth of Virginia. That, Roanoke County, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. FURTHER, the Board of Supervisors of Roanoke County authorizes the acceptance of said grant monies in the amount of $285,619.08 and authorizes the appropriation of said monies for the purposes authorized in the grant application. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance amending ordinance 52488-12 authorizing an amendment to the lease with Ingersoll-Rand (Bogar, LLC) to provide for an early termination of a recreational lease. (Jill Loope, Assistant Director of Economic Development; Pete Haislip, Director of Parks, Recreation & Tourism) Ms. Loope advised that the County has leased approximately 5 acres in the Hollins and Old Mountain Road area from Ingersoll Rand for recreational purposes since 1988. This lease was established in an agreement with Ingersoll Rand at a rate of $1.00 per year, and has been used primarily for baseball and soccer fields for County residents. The Ingersoll Rand property was sold to Bogar, L.L.C. in January 2004, and the new owners have requested that the County amend the lease agreement to allow them flexibility with the marketing and eventual sale of this property for industrial September 14, 2004 694 purposes. Specifically, the new owners are requesting that the County amend the agreement and agree to vacate the property within 90 days upon receipt of a written notice by Bogar. The current lease, which is in effect until April 2007, requires a written notice of termination by the owners within 90 days of the expiration date. The absence of a termination notice results in an automatic renewal of the agreement for a three-year term. Ms. Loope advised that staff recommends approval of the amendment to the lease agreement, and Mr. Haislip was present to answer questions regarding the impact on recreational facilities in this area. In response to Supervisor Wray’s inquiry if 90 days’ notice was sufficient for the County to continue their programs, Mr. Haislip advised that it would be since he has received assurances from Bogar that nothing would be done until they had a pending sale. He also stated that with the recent additions to Hollins Park, the County is in better shape to absorb any loss of fields. Mr. Haislip advised Supervisor Wray that Ingersoll-Rand will not be responsible for any of the moving costs, and during the years, the County has made only minimal improvements to the site. Mr. Haislip advised that it has been a great partnership, and the County is not looking at any immediate needs which would require funds. Supervisor Church moved to approve the first reading and set the second reading for September 28, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None September 14, 2004 695 2. First reading of an ordinance amending Sections 7-71 Building Permit Fees and 7-72 Trade Permit Fees, and establishing a new Section 7-73 Miscellaneous Fees of Article 5, Chapter 7, Building Regulations of the Roanoke County Code, and providing for an effective date. (Arnold Covey, Director of Community Development) Mr. Covey advised that the County is currently working with Novalis Technologies on an integrated land records management solution. As Phase One of the HP migration project, the Information Technology (IT) Department, through Novalis Technologies, is developing the new software package for land development. Phase One includes Community Development, Real Estate Valuation and Business Licenses. A part of this update involves reviewing various fees and processes and having them programmed into the new software. Mr. Covey advised that the Community Development Department is working with the IT Department to develop a new software system which hopefully will be implemented in the next few months. One of the issues to be addressed with the new system is the under-reporting of annual construction values in Roanoke County. Under the current fee calculation method, standard residential construction is valued at $26.10 per sq. ft. This value is obtained from a construction cost table published by September 14, 2004 696 BOCA (Building Officials Code Administration) International in 1991 and adopted by the County into the current ordinance. BOCA is now defunct and the table is no longer published. A new method of calculating construction cost for the purpose of determining permit fees as well as more accurate reporting is needed. After researching the matter, staff discovered an in-house method available that is updated annually and is extremely accurate. This is the building construction value base rates as determined annually by the County Real Estate Valuation office. Linking the County’s permitting software to the property assessment software will provide an accurate method to calculate cost that is updated automatically on an annual basis. Staff proposes to delete the 1991 BOCA table in Section 7-71 and replace it with a reference to the cost values as adjusted on an annual basis by the Real Estate Valuation office. Mr. Covey advised that this would result in a substantial increase in permits fees if no other adjustment is made. To offset this effect, staff will create a new permit type for construction performed under the International Residential Code, specifically one and two family dwellings. This permit will be called a “Residential Construction Permit” and will cover all work necessary to complete the project as described on the application. No additional permits or fees would be required from subcontractors working on the project who are identified at the time of application. In 1997, staff identified the goal of improving the permit system and having one permit for residential construction. This change will result in approximately 1,500 fewer permits September 14, 2004 697 issued annually by the clerks. It is anticipated that this will enhance office efficiency and provide the clerks a better opportunity to serve the citizens. Mr. Covey advised that the commercial permit process will remain unchanged; however, commercial permit fees will be affected. The effect varies because of the wide variation in commercial construction costs. Most commercial permits will see a fee increase even though a few actually will experience a decline in fees. He advised that the fees to be modified include: (1) Re-inspection Fee - $50.00 rd re-inspection of same item) (2) Increase minimum permit fees to $30.00 (applies on 3 from $25.00. Mr. Covey advised that fees to be added include: (1) Existing Building Certificate of Occupancy - $35.00; (2) Elevator Periodic Inspection - $35.00; (3) Amusement Devices: (a) Kiddie Rides - $15.00; (b) Circular rides or flat rides that can be inspected from less than 20 feet above ground - $25.00; and (c) All Other Types of Devices - $45.00 (Amusement Device Fees reduced 50% when a private inspector is used). Supervisor McNamara inquired if staff completed an analysis to determine the revenues for this year and last year utilizing the new fees. Mr. Covey advised that they wanted to make the fees revenue neutral but a minor increase on a residential project of less than 5% increase and a minimal increase of $100 on a commercial project are anticipated. Supervisor McNamara advised that the increase for the fast food building type is 100% although the vast majority of increases would be for small September 14, 2004 698 single family residential which essentially will remain the same.Supervisor McNamara requested that staff furnish information on single family residential increases if the fees are based on the proposed evaluation at the County’s average residential construction. Mr. Covey advised that this number is published annually; it was a part of the exhibits furnished with this agenda item; and the base rate is $59 per square foot. Supervisor McNamara requested that staff bring back at the second reading of the ordinance an nalysis of estimated revenues to be received from the current and proposed fees a using historical data. Supervisor Church advised that he was concerned that the fees be consistent and requested an analysis before the second reading. Chairman Flora advised that he agreed with Supervisors McNamara and Church that an analysis is needed and asked Mr. Covey to bring back to the Board an estimate regarding the revenues these fees might generate in each of the categories. S upervisor Church moved to approve the first reading and set the second reading and public hearing for September 28, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None September 14, 2004 699 IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Public hearing and second reading of an ordinance to change the zoning classification of 115 acres from AG-3 to AR with conditions, and granting a special use permit with conditions to develop and operate a golf course on approximately 362 acres, all located at 3687 Pitzer Road, Vinton Magisterial District, upon the petition of George Golf Design, Inc. (Paul M. Mahoney, County Attorney) O-091404-2 Mr. Mahoney advised that at the August 24, 2004 meeting, the Board held a public hearing and voted on an ordinance that granted a rezoning and special use permit for a golf course on Pitzer Road upon the application of George Golf Design, Inc. The action at the August 24 meeting included a proffered condition submitted by the owner, NBO Associates, a Virginia partnership. Under the State Code, proffers have to be in writing and submitted to the Board prior to the public hearing. This proffer was not signed by the owners and submitted to the Board prior to the public hearing; therefore, it did not comply with the provisions of State and County Codes and policies. That proffer would not be legally enforceable and this matter was re-advertised for a public hearing at this meeting. The County has a signed proffer from all the partners in NBO Associates which was submitted to the County prior to the start of this public hearing. Nothing has changed in the substance of what was heard by the Board on August 24 September 14, 2004 700 and staff recommends that the Board hold the public hearing and vote again on this matter. In response to Supervisor Altizer’s inquiry, Mr. Mahoney advised that all the signatures required on the proffer have been obtained. Ms. Janet Corcoran, 3852 Pitzer Road, advised that she had no objection to the golf course. However, she requested that the maintenance building be moved because it is located on a blind curve and there are safety concerns for drivers. Mr. Hodge advised that Lester George, President, George Golf Design, Inc., offered to attend this meeting but he had other commitments and was advised that his presence was not necessary since this was a technical procedure. Mr. Hodge stated that Mr. George indicated that he is committed to moving the maintenance facility and has redrawn some of the maps. Mr. Hodge stated that he is absolutely sure that the maintenance facility will be moved to an appropriate place. Supervisor Flora advised that he understands that the maintenance facility will be buffered and screened. In response to Supervisor Wray’s inquiry, Ms. Corcoran advised that she was satisfied with the response to her concern. Supervisor Altizer advised that after being informed that nothing has changed since the last meeting except that the County has signed proffers which are enforceable, he moved to adopt the ordinance. Mr. Mahoney suggested that the Board vote separately on the approval of the ordinance to rezone the property and grant the special use permit. Supervisor Altizer amended his motion to approve the rezoning. The September 14, 2004 701 motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None Supervisor Altizer moved to approve the special use permit. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None ORDINANCE091404-2 TO CHANGE THE ZONING CLASSIFICATION OF 115 ACRES (TAX MAP NOS. 79.04-2-10, 10.1, 10.2, 11, AND 12) FROM AG-3 TO AR, WITH CONDITIONS, AND GRANTING A SPECIAL USE PERMIT WITH CONDITIONS TO DEVELOP AND OPERATE A GOLF COURSE ON 362 ACRES (TAX MAP NOS. 79.04-2-10, 10.1, 10.2, 11, 12, AND 79.00-1-1) ALL LOCATED AT 3687 PITZER ROAD, VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF GEORGE GOLF DESIGN, INC. WHEREAS, the first reading of this ordinance was held on July 27, 2004, and the second reading and public hearing were held August 24, 2004; and, WHEREAS, due to a procedural flaw regarding receipt of proffered conditions this matter was re-advertised for public hearing and Board action on September 14, 2004; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 10, 2004, having been continued from August 3, 2004; 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 115 acres, as described herein, and located at 3687 Pitzer Road (Tax Map Numbers 79.04-2-10, 10.1, 10.2, 11, and 12) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural District, to the zoning classification of AR, Agricultural Residential District, with conditions. 2. That this action is taken upon the application of George Golf Design, Inc. September 14, 2004 702 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Residential density on Tax Map Numbers 79.04-2-10, 10.1, 10.2, 11, and 12 will be no greater than one (1) house per three (3) acres (as currently allowed under AG-3 zoning) unless a subsequent rezoning to Planned Residential Development, per the Roanoke County Zoning Ordinance, is approved. 4. That said real estate is more fully described as follows: 115 acres being made up of Tax Map Nos. 79.04-2-10, 79.04-2-10.1, 79.04-2- 10.2, 79.04-2-11, and 79.04-2-12 5. That the Board finds that the granting of a special use permit to George Golf Design, Inc. to develop and operate a golf course on 362 acres (Tax Map Numbers 79.04-2-10, 10.1, 10.2, 11, 12, and 79.00-1-1) located at 3687 Pitzer Road in the Vinton Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) The chemicals used on the golf course shall minimize the effect on ground water pollution. (2) The club house shall be constructed primarily of the following exterior materials: stone, brick, and wood. 6. 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 approve the rezoning, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None On motion of Supervisor Altizer to approve the special use permit, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None September 14, 2004 703 IN RE: APPOINTMENTS 1. Roanoke Valley Resource Authority Supervisor Church requested that his remarks at the Board meeting concerning this item be placed verbatim in the minutes as follows: “Mr. Chairman, thank you. Under 5, Roanoke Valley Resource Authority, I do have comments to make. This is a very, very important appointment, especially to the Catawba District. I am in receipt of Mr. Hodge’s letter. To take a few sitting members of this Board back a few short years ago when the Catawba District had zero representation on a landfill that was located in their area; at that point in time, we had the only rep from the Catawba district removed by Mr. Johnson at that time and Mr. Harrison that we ended up with zero, replaced by someone within the location of Hunting Hills which was, in this Board member’s opinion, totally inappropriate. Anywhere that the landfill sits is where the people should have the representation and our Board felt that way a few short years ago. As a matter of fact, I was successful in arguing this point and I did make the appointment of the latest member who does not need to be mentioned that I have just recently pulled off of the Authority. Seeing no reason to think that I would not replace that individual since I made that appointment, I have offered and had an acceptance from Mr. Keith Tenson from the Catawba District. Again, feeling that, like Mr. Minnix would always say, it’s a dump when it’s in your back yard but it’s a landfill when it’s someplace else. My district has been the recipient of two landfills and I believe in my opinion we would be doing a gross injustice to. If it’s located September 14, 2004 704 in Vinton, Hollins, Windsor Hills, Cave Spring or wherever it’s located, that’s where the representation should be without a doubt. So, I do know that we have a work session but I’m going on record to say that I have offered and had an acceptance of a replacement. So, I wanted to go on record to make sure that the Board member, Board members know this. The Roanoke Valley Resource Authority is a very important authority that governs and regulates the commission for all of the Valley, especially Roanoke County. But again, unless you’ve got something so huge like this in your area, you don’t have any idea how it affects your way of life and therefore, I think we would be doing something grossly unfair if we didn’t keep the representation, especially where the landfill is right now, and if it moves to Vinton or Cave Spring, I am going to be the first one to say, you make that appointment because that’s where your people are most affected. So, thank you, Mr. Chairman.” IN RE: CONSENT AGENDA R-082404-3; R-091404-3.d Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION091404-3APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA September 14, 2004 705 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 September 14, 2004, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes – August 24 and August 31, 2004 2. Ratification of the removal of a committee appointment to the Roanoke Valley Resource Authority 3. Request from schools to appropriate dual enrollment revenues in the amount of $389.53 4. Request to approve the fiscal year 2004-2005 performance contract with Blue Ridge Behavioral Healthcare 5. Resolution granting coverage to the Western Virginia Water Authority under the County's guarantee to the Virginia Department of Transportation for public works projects 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION091404-3.d GRANTING COVERAGE TO THE WESTERN VIRGINIA WATER AUTHORITY UNDER THE COUNTY’S GUARANTEE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR PUBLIC WORKS PROJECTS WHEREAS, Roanoke County, Virginia (the “County”) is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, heretofore on January 9, 2001, the Board of Supervisors of Roanoke County, Virginia adopted its resolution obligating itself to pay to the Commonwealth of Virginia acting through the Virginia Department of Transportation for any expense, damage or injury sustained by the Virginia Department of Transportation growing out of the granting to Roanoke County permits for installation, construction, reconstruction, maintenance and operation of certain public works along, across, over and upon the highway system of Virginia; and WHEREAS, on June 25, 2004, the Western Virginia Water Authority (the “Authority”) adopted a similar resolution; and WHEREAS, on August 27, 2004, the Authority adopted a resolution binding itself September 14, 2004 706 to reimburse Roanoke County for any payments made to the Commonwealth of Virginia under its resolution; and WHEREAS, the Virginia Department of Transportation has indicated in a communication dated August 13, 2004, that if the Roanoke County Board of Supervisors grants the Authority coverage under its existing resolution to guarantee the payment of any damages caused by the Authority to the Virginia highway system relating to the Authority’s existing water lines and any new construction of water and sewer lines that the Authority installs, it will accept the Authority’s undertaking without requiring a guarantee fee or bond. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that it grants coverage to the Western Virginia Water Authority under its resolution to guarantee to the Virginia Department of Transportation for expense, damage or injury growing out of the granting to the Authority of permits for installation, construction, reconstruction, maintenance or operation of water and sewer lines or other public works that the Authority may install along, across or over and upon the highway system of Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Report from VDOT of changes to the secondary road system in July 2004 September 14, 2004 707 6. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy, as of August 31, 2004 IN RE: CLOSED MEETING At 3:50 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion or consideration of the employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers; namely, special assistant for legislative relations and appointment to the Roanoke Valley Resource Authority (RVRA); and Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely the contract for the public safety center. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: WORK SESSION 1. Work session to discuss the prioritized list of primary and interstate projects to be adopted for the Virginia Department of Transportation Six-Year Improvement Program for fiscal years 2006-2011. (Arnold Covey, Director of Community Development) The work session was held from 4:00 p.m. until 4:10 p.m. Staff present included Mr. Covey and Anthony Ford, Traffic Engineer. September 14, 2004 708 Mr. Covey advised that each year the Commonwealth Transportation Board (CTB) holds a public hearing to receive comments from localities on the proposed six-year plan for interstate and primary roads. The meeting this year is scheduled for September 28, 2004 and the plan includes fiscal years 2006-2011. He distributed a draft of the resolution staff proposes to present to the CTB at the meeting. Mr. Covey advised that VDOT is working with a budget of $6.3 billion over the next six years which is $1 billion less than in the previous program. He described the list of projects that are included and those that are not being included in the fiscal year 2004- 2005 six-year program. It was the consensus of the Board to move forward with adoption of the prioritized list as presented by staff at the evening session. IN RE: RECONVENEMENT The Board reconvened in open session at 4:15 p.m. IN RE: NEW BUSINESS 1. Request to adopt a prioritized list of primary and interstate projects to be presented at the pre-allocation public hearing for the Virginia Department of Transportation Six-Year Improvement Program, fiscal years 2006-2011. (Arnold Covey, Director of Community Development) R-091404-4 Mr. Covey advised that the Commonwealth Transportation Board (CTB) will hold their annual public hearing on September 28 to seek comments from localities September 14, 2004 709 about the essential rail, public transportation, bicycle, pedestrian and highway projects for the fiscal years 2006-2011. VDOT is working with a budget of $6.3 billion over the next six years which is $1 billion less than in the previous program. This decrease in VDOT funds will have an impact on the County’s projects. Mr. Covey advised that the projects included in the fiscal year 2004-2005 VDOT six-year plan that County staff and the Board recommend for continuance of funding for the planning and construction are as follows: (1) Interstate 73; (2) Interstate 81; and (3) Route 11/460 - West Main Street. Mr. Covey advised that the projects that are not included in the fiscal year 2004-2005 VDOT six-year plan but which the County staff and the Board have identified as extremely important to the continued growth and/or for safety improvement are as follows: (1) Route 221 - Bent Mountain Road; (2) Route 11 - Williamson Road; (3) Route 115 - Plantation Road; (4) Route 220 South - Franklin Road; (5) Route 116 - Jae Valley Road; (6) Route 460 East - Challenger Avenue. Mr. Covey advised that the other projects which are not included in the fiscal year 2004-2005 six-year plan but that County staff and the Board feel deserve consideration for spot improvement are as follows: (1) Route 419 - Electric Road; (2) Route 118 - Airport Road; (3) Route 24 - Washington Avenue; (4) Route 311 - Catawba Valley Road. Mr. Covey asked that the Board adopt the resolution to be presented to the CTB at the public hearing on September 28, 2004. September 14, 2004 710 Supervisor Wray asked that staff emphasize at the public hearing that all of the projects which are not included in the six-year plan and identified by the County as important should be considered if additional VDOT funding becomes available. Mr. Covey advised that he would convey that message and that the resolution will be sent to the CTB. Supervisor Flora advised that although this area has some traffic problems, he is grateful that it does not have the significant traffic found in places such as Washington DC. He feels that the projects that the County has recommended being included in the six-year plan can be considered a wish list considering the limited funds that VDOT has available. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION091404-4 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION, VDOT, TO CONTINUE FUNDING PROJECTS CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2004-2005 VDOT SIX-YEAR IMPROVEMENT PROGRAM AND TO ADOPT THE PRIORITIZED LIST OF INTERSTATE AND PRIMARY ROAD PROJECTS HEREIN IDENTIFIED AS “NOT INCLUDED IN THE FISCAL YEAR 2004-2005 VDOT SIX-YEAR IMPROVEMENT PROGRAM” FOR INCLUSION INTO THE FISCAL YEAR 2006-2011 SIX-YEAR IMPROVEMENT PROGRAM WHEREAS, the Six-Year Improvement Program is the Commonwealth Transportation Board’s plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and September 14, 2004 711 WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate, primary, and secondary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the following projects identified as “included in the Fiscal Year 2004- 2005 VDOT Six-Year Improvement Program” are recommended for continuance of funding for the planning and construction of said projects. Interstate 73 – In a letter dated June 3, 2001, the Board of o Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to the resolution 120500-2 passed December 5, 2000 reaffirming the Board’s support for I- 73. Interstate 81 –Roanoke County continues to support VDOT’s o proposed plan to widen I-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings, and other design issues that could impact Roanoke County’s future. Rte. 11/460 (West Main St) – From: Salem City limits, To: 0.10 mi o west Rte 830, Technology Dr. – Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Improvements will provide an increase in the level of service, bringing it up to standards required for the expected growth. 2. That the following projects identified as “not included in the Fiscal Year 2004-2005 VDOT Six-Year Improvement Program” have been identified, prioritized, and selected by the Board of Supervisors as extremely important to the growth of Roanoke County and/or for safety improvements and are requested to be included in the Fiscal Year 2006- 2011 VDOT Six-Year Improvement Program. Rte. 221 (Bent Mountain Rd) 1. – From: Rte 735 (Coleman Rd), To: Rte 694 (Old Bent Mountain Rd)– This project was previously on the SYIP, but was removed. The residential development expected to occur within this area will place additional demands on the road system that is currently providing an inadequate level of service; safety issues need to be addressed. Rte. 11 (Williamson Rd) 2.– From: Rte 117 (Peters Creek Rd), To: Roanoke City limits – Now that Route 11 has been widened from Plantation Road to Hollins College, this particular section of three-lane road remains to be September 14, 2004 712 improved. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the alignment of Florist Road with Route 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles, is currently a three-lane with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. Rte. 115 (Plantation Rd) 3. – From: Roanoke City limits, To: Rte. 11 (Williamson Rd) – This two-lane section of Plantation Road is approximately 2.43 miles in length with numerous secondary road connections. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade improvements would help with safety issues. Additional land is available along the road for future development, which will increase traffic and construction costs in the future. Rte. 220S (Franklin Rd) 4.– From: Rte 419 (Electric Rd), To: Rte 715 (Pine Needle Dr) – Increasing commercial and residential development and commuter traffic have placed transportation demands on this corridor. Additional lanes, improved vertical alignment, and/or spot improvements are needed from the Roanoke City limits (Rte 419 Electric Rd) south to the Franklin County line. Rte. 116 (Jae Valley Rd) 5. – From: Roanoke City limits, To: Franklin Co. line – The VDOT Salem Residency has notified staff that the bridge over Back Creek is in need of repair and we wish to offer our support for improvements to the approaches and bridge replacement. This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake. Rte. 460E (Challenger Ave) 6.– From: Roanoke City limits, To: Botetourt Co. line – The continued residential, commercial, and industrial growth within this corridor has increased traffic demands. 3. That the following projects identified as “not included in the Fiscal Year 2004-2005 VDOT Six-Year Improvement Program” are recommended for spot improvements and for inclusion in the Fiscal Year 2006-2011 VDOT Six-Year Improvement Program. Route 419 (Electric Road) – Intersection improvements throughout o corridor Route 118 (Airport Road) – Construct left-turn lane at intersection o with Rte. 623 (Dent Rd.) September 14, 2004 713 Route 24 (Washington Avenue) – Improvements at the intersection o of William Byrd High School Route 311 (Catawba Valley Road) – Construct left-turn lane at o intersection with Route 864 (Bradshaw Road – Mason’s Cove area) On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He advised that the County playing fields were in excellent condition before the recent rains. He asked Mr. Hodge to let the Parks and Recreation staff know that the Board understands that nature cannot be controlled but their efforts at getting the fields back in shape are appreciated. (2) He confirmed with Mr. Hodge that a work session to update the Board on Explore Park has been scheduled for September 28. He asked that the Explore Park staff present an overview of their current programs, successful ventures, future development plans within their zoning classification, and financial data for the past several years. Supervisor Wray: (1) He advised that he had received several telephone calls concerning the water problems caused by the heavy rains and is expecting similar situations to develop because of anticipated rains. He expressed appreciation to Mr. Covey and his staff for the attention shown to these problems. He understands that not every situation can be resolved but their efforts are appreciated. (2) He advised that a visit has been planned for September 20 to a flour mill in North Carolina, located near Raleigh. He requested that Mr. Hodge send a letter to all of the September 14, 2004 714 Board members with the interpretation of the Zoning Administrator as to whether the flour mill could be built by right under the current zoning at the location. (3) He advised that with the expected heavy rains, citizens should be careful and not drive through deep water. Supervisor Altizer: (1) He advised that in talking about current problems due to heavy rains, he wanted to thank Mr. Covey and his staff for the improvements made last year to Stonebridge. The $15,000 that the Board allocated last year has been very effective in correcting this flooding situation. (2) He advised that the County still needs to regulate development on slopes even though improvements have been enacted. He would like to see the Board consider implementing even more stringent regulations to help with drainage situations and runoff. Supervisor Flora: (1) He advised that an article in Saturday’s newspaper raised some questions regarding the County’s procurement of the contract with Alleghany Construction for the road improvements at Indian Grave Road and Route 220 South. With the advice and unanimous consent of the other Board members, he has requested that the County Attorney solicit the assistance of an outside individual or agency to review the procurement and subsequent modifications of that contract to determine that everything was done appropriately. He advised that he is convinced that nothing inappropriate will be uncovered but to remove any suspicion, this action is necessary. When the report is received, it will be made public. September 14, 2004 715 IN RE: WORK SESSIONS (4th Floor Conference Room) 1. Work session to discuss animal complaints on Ivyland Road, Vinton Magisterial District. (Elmer C. Hodge, County Administrator) The work session was held from 4:37 p.m. until 5:10 p.m. Staff present included Mr. Hodge; Paul Mahoney, County Attorney; Bill Richardson, Associate Planner; and Eric Hubble, Community Services Officer. Mr. Hodge advised that earlier today the Board members toured the property on Ivyland Road and the issue is that there are too many animals contained on one acre and that complaints have been received from the neighbors. He advised that the animals previously had access to 9 acres but that area was reduced when the adjoining parcels formerly owned by a relative were foreclosed and put up for sale. Mr. Hubble advised that on his last visit which was August 4, there were 13 goats, 3 calves, 200 ducks, chickens, pigeons, and 2 pigs on the property. He advised that the original complaint was concerning the number of cows on the property and specifically, a dead cow which had been left unburied for a long time. When the property was inspected, the dead cow had been removed and buried by Mr. Corteville, the owner of the property, in Franklin County. Mr. Hubble advised that the only violation under Virginia State Code was the section that covers leaving an animal unburied and that there is nothing in the code about the number of animals that can be kept on a parcel of land. He advised that Mr. Corteville is in the process of purchasing 29 acres in September 14, 2004 716 Franklin County and plans to move the animals there when he sells his property. Mr. Mahoney advised that he is aware that the neighbors have contacted an attorney but no formal legal action has been taken. This is a difficult situation to resolve but he suggested that without a specific violation of a County ordinance, the Board could file an action requesting that the property be declared a private or public nuisance or the Board could consider amending the zoning ordinance during the review of the Community Plan. It was the consensus of the Board that Mr. Mahoney will begin the proceedings to declare the site a public nuisance. 2. Work session to consider expanding the scope of County authority for the removal of dilapidated and unsafe buildings. (Arnold Covey, Director of Community Development) The work session was held from 5:10 p.m. until 5:30 p.m. Staff present included Mr. Covey; Joel Baker, Building Commissioner; and Bill Richardson, Associate Planner. Mr. Covey asked Mr. Richardson to describe the property which was toured earlier today. Mr. Richardson advised that the house at 3821 Colony Lane, which is a ranch with a basement and two bedrooms, burned in March 2003. While the house has been sealed with particle boards, the roof is still open to the elements. The property was assessed two years ago at $25,000 for the land and $75,000 for the house and since that time, the land has increased in assessed value while the house has September 14, 2004 717 decreased. There was no insurance on the home and the owner is unable to take any action. Mr. Mahoney advised that the County could acquire the property by eminent domain, tear it down and sell the property but all of the costs would not be recovered. He advised that the Board may want to consider implementing the spot blight abatement program that other localities have used. This program may be useful in the future because many of the houses in the County were built in the 1950’s and could start presenting problems. Another option for the Board would be to start proceedings to declare the house to be a public nuisance but that case may be hard to prove. Supervisor Flora advised that the Board may be facing issues in the future dealing with burned buildings and transitional neighborhoods.He suggested that each case be considered on an individual basis and suggested that criteria and justification be developed for spot blight abatement. He did not think it would be advisable to implement Volume 2 of the Building Code due to the additional costs of requiring all property to be inspected. It was the consensus of the Board that Mr. Mahoney will develop criteria to deal with similar issues on a case-by-case basis and report back to the Board. 3. Work session to discuss proposed amendments to the Roanoke County Code Section 21-73, General Prerequisites to Grant of Division 3. Exemption for Elderly and Disabled Persons of September 14, 2004 718 Chapter 21. Taxation to increase the various asset threshold amount provisions for real estate tax exemption for the elderly and handicapped. (Paul Mahoney, County Attorney) The work session was held from 5:30 p.m. until 5:36 p.m. Mr. Mahoney advised that the General Assembly enacted three changes to the State Code which the localities may adopt. These changes are: (1) increase the net combined financial worth to $200,000; (2) allow excluding the value of the sole dwelling and land not to exceed 10 acres from this calculation; and (3) increase from $6,500 to $10,000 of income of each relative who is not the spouse of the owner living in the dwelling house. He recommended implementing only the third change. It was the consensus of the Board that Mr. Mahoney will bring back the ordinance with the change as recommended for a first reading and public hearing on September 28 and second reading on October 14. 4. Work session to discuss Senate Bill 5005 and the impact of the changes on the upcoming budget. (Elmer C. Hodge, County Administrator) The work session was held from 5:36 p.m. until 5:50 p.m. Staff present included Mr. Hodge and Brent Robertson, Budget Director. Mr. Hodge briefed the Board on Senate Bill 5005 which deals with the Personal Property Tax Reduction Act (PPTRA). The estimated impact on the County will be a loss of $10.5 million in revenues for the 2005-2006 fiscal year budget and 46 September 14, 2004 719 other localities anticipate revenue losses. Mr. Hodge advised that he and others met with the legislators recently and will continue to meet with them in an effort to change this legislation. IN RE: CLOSED MEETING The closed meeting was held from held from 5:50 p.m. until 6:18 p.m. IN RE: CERTIFICATION RESOLUTION R-091404-5 At 6:18 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 McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION091404-5 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: September 14, 2004 720 AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: ADJOURNMENT Supervisor Wray moved to adjourn the meeting to September 15, 2004, at 10:00 a.m. to tour the O. Winston Link Museum. The motion carried by a unanimous voice vote. Submitted by: Approved by: ________________________________________________ Brenda J. Holton Richard C. Flora Deputy Clerk to the Board Chairman