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HomeMy WebLinkAbout3/9/1999 - Regular March 9, 1999 153 = Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 9, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of March, 1999. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Supervisor Fenton F. "Spike" Harrison STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Deputy Assistant for Citizens Services. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 154 March 9,1999 - AGENDA ITEMS Mr. Hodge announced that the work session on 1-81 widening is being postponed for 30 days until April 13, 1999, because of Supervisor Harrison's absence Mr. Mahoney added an item to the Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) on disposition of public property - well lot, and Section 2.1-344 A (3) acquisition of property - Salem Office Supply and access to the Woods End site. Chairman Johnson asked Clerk Mary Allen to contact the Roanoke City Clerk to reschedule the joint meeting with City Council, which was canceled earlier in the day because of a lack of a quorum for the City Council. INRE: NEW BUSINESS ~ Reauest to adopt a erioritized list of Primary and Interstate proiects to be presented in the ere-allocation public hearing for the Commonwealth Transportation Board FY 1999-2005 Six Year Improvement Program. (Arnold Covey. Director of Community Development) R-030999-1 Mr. Covey advised that 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 for distribution in the March 9, 1999 155 = 1999-2005 plan. The program is updated annually. As part of the program, the Transportation Board conducts public hearings in each of the nine construction districts in the state to receive input. The public hearing will be held March 23, 1999 at the Salem Civic Center. Mr. Covey explained that there are eight budgeted projects in the six-year improvement program. They are: Interstate 73, widening of Interstate 81, preliminary engineering for Route 11/460 (West Main Street), reconstruction of 1.3 miles of Route 220 S, bridge replacement on Route 220 S, Route 221 (Brambleton Avenue), Route 311 (Catawba Valley Drive), and Route 419 (Electric Road). Additionally, Roanoke County is requesting five roads to be considered for inclusion in the interstate and primary six-year plan. They are Route 11 (Williamson Road), Route 115 (Plantation Road), Route 220 S from Route 419 to Buck Mountain Road, Route 116 (Jae Valley Road) bridge, and intersection improvements at Route 311 (Catawba Valley Road). Mr. Covey recommended that the Board adopt the prioritized list of projects to be presented at the public hearing on March 23, 1999. There was a discussion on the proposed traffic light at the Hidden Valley intersection on Route 419 and on the School Board surplusing the property for use by VDOT at the school. Mr. Covey said that Hidden Valley does not yet meet the criteria for a traffic light. Supervisor Johnson asked Mr. Covey to work with the School Board on these issues. Supervisor McNamara explained that he felt that the General Assembly should listen to the Board of Supervisors' recommendations regarding the corridor for 156 March 9, 1999 ,= Interstate 73 and made suggested changes to the resolution emphasizing the preferred route for Interstate 73. Supervisor McNamara moved to adopt the resolution as amended by him. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 030999-1 REQUESTING VDOT TO CONTINUE FUNDING PROJECTS CURRENTLY ON THE PLAN AND ADOPT THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR INCLUSION INTO THE 1999-2005 PRIMARY AND INTERSTATE SIX YEAR IMPROVEMENT PLAN 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 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 "Projects on Plan" are recommended to continue to receive funding for planning and construction; and . Interstate 73 - Roanoke County, VA strongly reiterates it's prior recommendation to build 1-73 and that the selected corridor for 1-73 immediately follow the existing corridor of Route 220 into the City of Roanoke and then overlap Interstate 581, Interstate 81, the proposed "Smart Road" and Route 460 to the West Virginia state line near Narrows; and looks forward to reviewing the Transportation Board and Consultant's preliminary environmental impact study and cost estimate for the proposed alignments within the Route 220 corridor. . Interstate 81 - Roanoke County is very supportive of the Virginia Department of Transportation's proposed plan to increase the number of north and south travel lanes. We look forward to reviewing the prioritized segments of 1-81 and want to continue to work with local VDOT staff to develop regional cooperation of stormwater detention March 9, 1999 157 - facilities and potential utility crossings. · Route 11/460 (West Main Street) - Roanoke County is pleased this section of road made the Commonwealth's Transportation Board six- year Improvement Program and we continue to support the funding necessary to complete this necessary widening. The commercial and residential development projected to occur within this area will place additional demands on the road system that is currently providing an inadequate service level. Current traffic counts for this section show approximately 15,000 vehicles per day. · Route 220 S (Bridge Replacement) - Roanoke County is supportive of this project and look forward to its completion. Current traffic counts for this section show approximately 20,000 vehicles per day. · Route 221 (Bent Mountain Road) - Roanoke County is requesting continued allocation of funds for this 2.3-mile road project. The residential development projected to occur within this area will place additional demands on the road system that is currently providing an inadequate service level. Current traffic counts for this section show approximately 12,000 vehicles per day. · Route 311 (Catawba Valley Road) - Intersection Improvements, are scheduled to begin sometime this year at the overlook Rte 864 in conjunction with National Park Service. 2. That the following projects identified as "Projects Not on Plan" have been identified by the Board of Supervisors as extremely important to the growth of Roanoke County or for safety improvements and are requested to be included in the VDOT Six Year Improvements Program for the 1999-05 Fiscal Year. They are listed in priority order. ~ Route 11 (Williamson Road) Need: Now that Route 11 has been widened from Plantation Road (Rte. 115) to Hollins College, there remains one section of three lane road from Peters Creek Road (Rte. 117) to the Roanoke City Limits. 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. 158 March 9, 1999 Traffic counts: 15,000 vehicles per day from the Roanoke city limits to Peters Creek Road. This stretch of road has also been identified as an alternate route in the event of a blockage on 1-81/581. Recommended Improvements: A four-lane divided highway with appropriate cross over and turn lanes, which will complete improvement of Williamson Road from the city limits to the Botetourt County line. Cost: $12,000,000. 2. Route 115 ¡Plantation Road) Need: The existing road, 2.43 miles, is two lanes with numerous side connections to residential neighborhoods. The road needs to be improved from Roanoke City limits north to Route 11. If full funding is 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. Traffic Counts: From the Roanoke city Limits to Williamson Road, 11,000 vehicles per day. Recommended Improvements: Four lane divided highway with appropriate turning lanes. Cost: $12,000,000 - $15,000,000. 3. Route 220S (Franklin Road) Need: This section of 220 S is approximately 2.0 miles long and is a four-lane divided highway. Recently a traffic study was conducted for a commercial development and the report predicted a level of service D or F within the next of couple of years. Additionallanes and improved vertical alignment is required from Roanoke City limits south to Rte 668 (Yellow Mountain Rd..). Spot improvements are needed now at the intersection 419 and 220 S. Traffic Counts: From the Roanoke City limits South is approximately 44,000 vehicles per day. Recommended Improvements: Additional lanes and intersection March 9, 1999 159 improvements. Cost: $5,000,000 - $8,000,000. 4. Route 116 (Jae Valley Road) Need: The 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. Traffic Counts: From the Roanoke City limits South is approximately 4,000 vehicles per day. Recommended Improvements: Improve approaches and replace existing bridge. Cost: $3,000,000 - $4,000,000. 5. Route 311 (Catawba Vallev Road) - Intersection Imerovements Need: This area has experienced steady growth over the last several years and the congestion at this intersection has increased. 1 Traffic Counts: Rte 311 has an average daily traffic of 11,000 vpd and Bradshaw Road (Rte 864) carries approximately 3,200 vpd. Recommended Improvements: Construct a right hand passing lane (left turn lane). Other primary roads in Roanoke County which deserve consideration for spot improvements: ROUTE 419 (ELECTRIC ROAD) INTERSECTION IMPROVEMENTS, ROUTE 118, (AIRPORT ROAD), ROUTE 24, (WASHINGTON AVENUE) IMPROVEMENTS AT THE INTERSECTION OF WILLIAM BYRD HIGH SCHOOL, ROUTE 460, (CHALLENGER AVE.), LEFT AND RIGHT TURN LANES AT SEVERAL EXISTING SECONDARY ROADS. On motion of Supervisor McNamara to adopt the resolution as amended, and 160 March 9,1999 carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 2. Reauest for authorization to enter into a Memorandum of Aareement with the National Park Service. the Federal Highwav Administration and Virainia's Exelore Park for design and construction funds for the Blue Ridge Parkway Orientation/Interpretation Center. (Joyce Wauah. Assistant Director of Economic Develoement) A-030999-2 Ms. Waugh reported that Roanoke County requested federal funds to design and construct a Blue Ridge Parkway Orientation/Interpretation Center to be located at the terminus of the Roanoke River Parkway on land owned by the Virginia Recreational Facilities Authority. To obtain these funds Roanoke County must enter into a Memorandum of Agreement. The current funding sources are $529,800 from the Federal Highway Administration; $250,000 from the National Park Service; $50,000 from the Fifth District Regional Alliance; and $30,000 from Roanoke County for a total of $859,800. The Memorandum of Agreement will serve as a tool for channeling the federal funds to the local government for design and construction on land at Virginia's Explore Park. Ms. Waugh requested that the Board of Supervisors authorize the County Administrator to enter into a Memorandum of Agreement with the National Park Service, Federal Highway Administration and Virginia's Explore Park to receive funds for the design and construction March 9,1999 161 - of the Blue Ridge Parkway Orientation Interpretation Center. Supervisor Nickens moved to authorize entering into Memorandum of Agreement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 3. Request to establish the tax rates in Roanoke County for calendar year 1999. a. Order setting the tax rate on real estate for the calendar year 1999. IBrent Robertson. Budaet Manager) 0-030999-3 Mr. Robertson noted that the public hearing for citizen comment on the real estate tax rate was held on February 23, 1999 and the proposed budget is predicated on the current tax rate. He recommended that the Board establish the rate of $1.13 per one hundred dollars assessed valuation. Supervisor Johnson moved to adopt the order setting the tax rate at $1.13. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 162 March 9, 1999 = ~ ORDER 030999-3 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1999 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1999, and ending December 31, 1999, be, and hereby is, set for a tax rate of _ per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by §§ 58.1- 3200, 58.1-3201, and 58.1-3506. B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Johnson to adopt the order setting the tax rate at $1.13, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison b. Order setting the tax levy on all classes of personal proeerty and machinerY and tools for the calendar year 1999. (Brent Robertson. Budget Manaaer) 0-030999-4 Mr. Robertson reported that the public hearing was held on February 23, 1999 and the proposed budget is predicated on the current personal property and machinery and tools tax rates. Supervisor Johnson moved to adopt the order setting the personal property tax rate at $3.50 and the machinery and tools tax rate of $3.00. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDER 030999-4 SETTING THE TAX LEVY ON ALL CLASSES OF March 9, 1999 163 - PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1999 as follows: BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, 1. That the levy for the twelve-month period beginning January 1, 1999, and ending December 31, 1999, be, and hereby is, set for a tax rate of IItD per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592- 11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 1999, and ending December 31, 1999, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1999, and ending December 31, 1999, be, and hereby is, set for a tax rate of ~ª¡jjº per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Johnson to adopt the order setting the personal property tax rate at $3.50 and machinery and tools tax rate at $3.00, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 4. Request from School Board for approval of a reimbursement 164 March 9,1999 - aareement in order to acceet arants from the Commonwealth of Virainia to purchase Student Management Software. (Dr. Jane James. Director of Technology) A-030999-5 Dr. James explained that the 1999 Virginia General Assembly approved funding to be allocated by the Virginia Board of Education to certain school divisions for student management software. Roanoke County's portion of the grant is expected to be up to $305,000. The grant will be used to purchase software for student management, and the funding is contained in the 1998-99 operating budget. Dr. James requested approval to purchase student management software immediately and reimburse the School Board from the grant funds. She advised that without the Board's approval they would be ineligible to receive the grant funds. Supervisor Minnix moved to approve the reimbursement agreement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 5. Consideration of a Gain Sharina Agreement with the Town of Vinton and submittal of the aareement to the Commission on Local Government (Elmer C. Hodae. County Administrator and Paul M. Mahoney. County Attorney) March 9,1999 165 - R-030999-6 Mr. Hodge reported that this agreement was the culmination of much work by the County and Town. He explained that the County already provides a variety of payments and services to Vinton, including payments for solid waste collection and disposal fees, fire and emergency medical care services and increased sales and use tax revenues. The Gain Sharing Agreement will continue these payments on behalf of the County citizens, but also provides for sharing revenues for new growth outside the town limits, after deducting the cost of providing services to the area. In return, the Town waives its right to annex. Mr. Hodge highlighted the agreement which has a term of 20 years and sets out the financial support which the County currently provides and additional revenue sources which will now be available to the Town. The two governments will share revenues from taxes on newly constructed property in the East County area. County Attorney Paul Mahoney explained that the Town is expected to vote on this in the next week and then the agreement will be submitted to the Commission on Local Government (COLG) for review and recommendations and then forwarded to the Court for approval. The COLG will hold public hearings on the agreement and report its findings and recommendations. Upon receipt of the COLG report, the Town and County must hold an advertised public hearing and adopt by ordinance the agreement before submitting it to a special court for approval. The entire process is expected to take between six and twelve months. Mr. Hodge advised that had the Town of Vinton annexed the east portion of Roanoke County, the loss would have been $9,670,483. The total 166 March 9,1999 - estimate of the gain sharing payments to the Town of Vinton under the agreement is $5,060,067 with the first payment of $31 ,000 due after the agreement becomes final. The implementation date is July 1, 1999. Supervisor Nickens moved to adopt the resolution and submit the agreement to Commission on Local Government. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 030999-6 APPROVING A VOLUNTARY SETTLEMENT BETWEEN THE COUNTY OF ROANOKE AND THE TOWN OF VINTON, REQUESTING A REVIEW OF THE AGREEMENT BY THE COMMISSION ON LOCAL GOVERNMENT PURSUANT TO SECTION 15.2-3400 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, AND STATING THE INTENTION OF THE BOARD OF SUPERVISORS TO READOPT THE AGREEMENT AND TO PETITION THE CIRCUIT COURT OF ROANOKE COUNTY, SUBSEQUENT TO THE COMMISSION'S REVIEW, TO APPROVE THE SETTLEMENT AND TO GIVE IT FULL FORCE AND EFFECT WHEREAS, the Town of Vinton and the County of Roanoke have entered into negotiations to seek a voluntary settlement of annexation issues; and WHEREAS, the Town and County are now prepared to enter into a voluntary settlement which provides for the limited waiver by the Town of certain annexation rights, for the payment by the County of certain sales and use taxes and other funds to the Town, for the sharing of certain local tax revenues generated by new development in that portion of the County generally known as "East Roanoke County," for certain cooperative activities between the Town and the County, and for other maters; and WHEREAS, Chapter 34 of Title 15.2 of the 1950 Code of Virginia, as amended, requires that such a voluntary settlement be reviewed by the Commission on Local Government. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors of Roanoke County hereby approves the Gain Sharing Agreement between the Town of Vinton and the County of Roanoke, a copy of which is attached, and hereby authorizes and directs its Chairman to execute the Agreement on behalf of the County; and March 9,1999 167 ~ 2. That the Board of Supervisors hereby requests that the Commission on Local Government review the Agreement pursuant to Section 15.2-3400 of the 1950 Code of Virginia, as amended; and 3. That the County Administrator is hereby directed to refer the Agreement, together with all necessary data and materials, to the Commission and to take all other actions as may be required to accomplish the Commission's review of the Agreement; and 4. That the Board of Supervisors hereby designates Paul M. Mahoney, County Attorney, as its contact person for communications with the Commission regarding the review of the Agreement; and 5. That it is in the intention of the Board of Supervisors, subsequent to the Commission's review, to readopt the Agreement and thereafter to petition the Circuit Court of Roanoke County to affirm and validate the Agreement and to give it full force and effect. On motion of Supervisor Nickens to adopt the resolution and submit agreement to Commission on Local Government, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors McNamara, Minnix, Nickens, Johnson None Supervisor Harrison IN RE: FIRST READING OF ORDINANCES ~ First readina of ordinance authorizing the conveyance of a 37.86 acre parcel of real estate located in the City of Salem known as the Lloyd property. (Paul Mahonev. County Attornev\ Mr. Mahoney advised that the Board had previously declared this property to be surplus and available for sale to the public. The County has received an offer to purchase the 37.86 acre parcel of real estate. He explained that a public notice advertising for bids on the sale of this property will be published in The Roanoke Times on Sunday, March 13, 1999, and the adjoining property owners will be notified. He pointed out that the property is currently zoned for multi-family and there are some questions ~ 168 March 9, 1999 - = f-- concerning the title. Supervisor Johnson asked that a For Sale sign be placed on the property and that adjoining property owners be notified. Supervisor McNamara suggested amending the ordinance before the second reading that use of the proceeds from the sale be allocated to the Capital Fund Unappropriated balance. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for March 23, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 2. First reading of ordinance to vacate as public right-of-way a portion of Garman Road recorded in Plat Book 3. Page 51. located in the Catawba Maaisterial District. upon the petition of Roanoke County and Kroaer Company. (Arnold Covey. Director of Community Development) Mr. Covey explained that the petitioners, Roanoke County and Kroger Company, are requesting that the Board vacate as public right-of-way a portion of Garman Road and retain a portion of the right-of-way and a 20 foot water line easement. In 1997, March 9,1999 169 County funded the reconstruction of Garman Road to align with the intersection of Route 11/460 and Allegheny Drive to improve the existing drainage situation along Garman Road and provide improved access to Kroger's new Vehicle Maintenance Facility. Roanoke County agreed as part of the Performance Agreement that when the new road was constructed, the old right-of-way would be vacated in order to remove encumbrances on the Kroger property. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for March 23, 1999. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors McNamara, Minnix, Nickens, Johnson None Supervisor Harrison 3. First reading of ordinance to vacate as eublic rights-of-way Washinaton Road recorded in Plat Book 1. page 363. Pinkard Court Subdivision in the Cave Serin9 Magisterial District. (Arnold Covey. Director of Community Development) Mr. Covey advised that Lowe's Corporation is requesting that the Board vacate Washington Road as public right-of-way so that they may move forward with the development plans for the Pinkard Court Subdivision. On February 10, 1998, the Board vacated all the public right-of-ways and alleys except Washington Road, portions of View 170 March 9, 1999 ~ Avenue and a drainage easement. Since then, Lowe's has purchased all properties fronting on Washington Road, thus eliminating any need of the public right-of-way. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for March 23, 1999. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors McNamara, Minnix, Nickens, Johnson None Supervisor Harrison 4. First reading of ordinance to vacate a portion of a 15-foot drainaae easement on plat showina section no. 1. EdQemont of Vinton. plat book 16. pg 41. and further shown on lot 5. block 3. section 2. Edgemont of Vinton. plat book 18. page 130. and revised plat of section 2. Edgemont of Vinton. plat book 18. page 171. in the Vinton Magisterial District (tax map no. 61.02-7-1). (Arnold Covey. Director of Community Development) Mr. Covey reported that the developer, Charles Simpson has requested that Roanoke County vacate a portion of a donated drainage easement to allow the developer to construct a home on Lot 5 that is consistent with the neighborhood. The developer has acquired the necessary easements to convey the drainage from the right-of-way to a natural watercourse so that VDOT will accept the streets. March 9,1999 171 - Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for March 23, 1999. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors McNamara, Minnix, Nickens, Johnson None Supervisor Harrison 5. First readina of ordinance authorizing construction of and financina for a Local Public Works Improvement Proiect - Little Brushy Mountain Water Proiect. (Gary Robertson. Utility Director) Mr. Robertson reported that the Board previously approved this project on October 14, 1997 with a requirement that a minimum of 40 property owners commit to the project. The project has not been constructed because the minimum participation level had not been met. Staff continued to work with property owners trying to provide an alternative such as reducing the scope of the project. Mr. Robertson explained that in 1996, staff had applied to the State of Virginia for a low interest loan to assist in the construction of this project. The project met the requirements for the loan, but the project ranking was below the cutoff for available funds. In December 1998, staff was notified that funding for this project was now available. The loan from the Drinking Water State Revolving Fund Program has an interest rate of 3% and can be financed for 20 years. This financing would be passed on to participating 172 March 9, 1999 - property owners. Letters were mailed to property owners in January explaining the loan possibilities and requesting signed commitments by February 12, 1999. Staff also attended the civic league meeting on February 1, 1999 to further discuss the project. The property owners have shown great interest in the low interest loan and 43 property owners have now committed to participate in the project. Tax parcels 45.03-02-09, 10, 11, 12,13, and 13.1 are undeveloped and presently being marketed. It is recommended that if these properties are developed within the timeframe of the special service area, the County's normal water connection fees would apply so long as a minimum of $45,000 in off-site fees (6 parcels X $7,500/parcel) is collected. Mr. Robertson recommended that if the project is approved, a special water service area be established for a period of ten years that includes a fee structure for recovering the construction costs of the water line as properties are connected. The special connection fee for properties that participate initially will be $7,500. Properties that choose to participate at a later date would include a construction cost of $7,500 and the off-site facility fee in effect at the time of connection (presently $2,690). The estimated project cost is $820,000, including a construction cost of $780,000 and $40,000 for construction, administration and inspection. Mr. Robertson advised that improved public water service is critical to this neighborhood and recommended that the project be approved and that the County Administrator be allowed to execute a loan agreement with the state up to the full amount March 9,1999 173 - of the project cost. Supervisor Nickens moved to approve the first reading and set the second reading for March 23, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Johnson ABSENT: Supervisor Harrison 6. First reading of ordinance declarina a Darcel of real estate to be sumlus and accecting an offer for the sale of same: namelv the Penn Forest Boulevard well lot. (Paul Mahoney. County Attorney) Supervisor Minnix requested that this be discussed in Executive Session. He moved to approve the first reading and set the second reading and public hearing for March 23, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison IN RE: SECOND READING OF ORDINANCES ~ Second reading of ordinance authorizing quitclaim and release 174 March 9, 1999 - of a 20-foot water line easement within the boundaries of Belmont Court and located between Lot 1. Block 1. Section 2. and Lots 12 and 13. Block 1. Section 2 of Triple Crown Estates in the Vinton Magisterial District. (Arnold Covey. Community Development Director) 0-030999-7 There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDINANCE 030999-7 AUTHORIZING QUIT-CLAIM AND RELEASE OF A 20-FOOT WATER LINE EASEMENT WITHIN THE BOUNDARIES OF BELMONT COURT AND LOCATED BETWEEN LOT 1, BLOCK 1, SECTION 2, AND LOTS 12 AND 13, BLOCK 1, SECTION 2, OF TRIPLE CROWN ESTATES IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, in order for Belmont Court to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release of an existing water line easement, twenty feet (20') in width, within the boundaries of Belmont Court and located between Lot 1, Block 1, Section 2, and Lots 12 and 13, Block 1, Section 2, of Triple Crown Estates, being a portion of the easement acquired by deed recorded in Deed Book 1271, page 1482, and further shown on plat recorded in Plat Book 17, page 123, to the Commonwealth of Virginia, subject to certain conditions; and, WHEREAS, it will serve the interests of the public to have Belmont Court accepted into the state secondary road system and the release, subject to the issuance ~ March 9, 1999 175 of a permit and other conditions, will not interfere with other public services and is acceptable to the Roanoke County Utility Department. 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 February 23, 1999; and a second reading was held on March 9, 1999. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Belmont Court into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release of the water line easement within the boundaries of Belmont Court and located between Lot 1, Block 1, Section 2, and Lots 12 and 13, Block 1, Section 2, of Triple Crown Estates, to the Commonwealth of Virginia, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water lines or facilities. b. The facilities located within the 50-foot right-of-way, between Lot 1, Block 1, Section 2, and Lots 12 and 13, Block 1, Section 2, of Triple Crown Estates, may continue to occupy the street or highway in the existing condition and location. c. The release would be for so long as the subject section of Belmont Court is used as part of the public street or highway system. 4. That the subject easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 176 March 9, 1999 - 2. ~econa reaalng of ordinance amending Oralnance 090997-5 authorizing the creation of and financing for a Local Public Works Improvement Proiect. Mountain Heiahts Water Proiect. (Paul Mahoney. County Attornev) Action was delayed on this item until after the work sessions. IN RE: APPOINTMENTS ~ Commission for Senior and Physically Challenged Citizens Supervisor Minnix advised that he will have nominations and will forward them to the Clerk to be included in the March 23, 1999 Consent Agenda. IN RE: CONSENT AGENDA R-030999-8. R-030999-8.c. R-030999-8.f Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 030999-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA March 9, 1999 177 - 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 March 9, 1999, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes - February 9, 1999 2. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section II. 3. Acceptance of donation of drainage easements to the Board of Supervisors in connection with the development of Edgemont of Vinton, Section 2, located in the Vinton Magisterial District. 4. Resolution requesting that the Virginia Department of Transportation add into the secondary system of state highways a new portion of Route 929 (Garman Road) and abandon a portion of Route 929 (Garman Road) which no longer serves the public need. 5. Donation of a 20 foot drainage easement and a new variable width drainage easement in Orchard Park, Section 2, by F & W Community Development Corporation. 6. Acceptance of water and sanitary sewer facilities serving Summerfield, Section 7. 7. Request for approval of a Comprehensive Stormwater Detention Agreement with the Virginia Department of Transportation. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 030999-8.c TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS A NEW PORTION OF ROUTE 929 178 March 9,1999 - (GARMAN ROAD) AND ABANDON THAT PORTION OF ROUTE 929 (GARMAN ROAD) WHICH NO LONGER SERVES THE PUBLIC NEED. WHEREAS, Route 929, refer to on attached form SR-5(A), has been altered and a new road has been constructed, and WHEREAS, the Roanoke County has provided with a sketch, depicting the addition and abandonment required in the secondary system of state highways as a result of this project, which sketch is attached hereto and hereby incorporated herein by reference, and WHEREAS, the new road serves the same citizens as that portion of old road identified by the project sketch to be abandoned and those segment no longer serve a public need, and NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add Route 929 (Garman Road), shown shaded on the sketch, to the secondary system of state highways, pursuant to ö33.1-229 of the Code of Virginia; and BE IT FURTHER RESOLVED, that this Board abandons Route 929 (Garman Road length 0.18 miles) as part of the secondary system of state highways that portion of road identified by the sketch to be abandoned, pursuant to ö33.1-155, Code of Virginia: BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Required Supervisors McNamara. Minnix, Nickens. Johnson None Supervisor Harrison RESOLUTION 030999-8.f AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A COMPREHENSIVE STORM WATER DETENTION AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION WHEREAS, the Commonwealth of Virginia, Department of Transportation, requires localities to execute a Storm Water Detention Agreement in order to complete the acceptance of subdivision streets into the state secondary system of highways, if that subdivision has storm water detention facilities; and, WHEREAS, this Agreement is required by Section 2.1 (F) of the Virginia Department of Transportation Subdivision Street Requirements; and, WHEREAS, authorization of the Comprehensive Storm Water Detention Agreement will eliminate the need for the execution of individual agreements for individual subdivisions, thereby reducing paperwork and streamlining the approval and acceptance process. ~ March 9, 1999 179 - NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That, on behalf of the Board of Supervisors, the County Administrator is hereby authorized to execute a Comprehensive Storm Water Detention Agreement with the Commonwealth of Virginia, Department of Transportation, for the purpose of securing the acceptance of subdivision streets into the state secondary system, in accordance with the Virginia Department of Transportation Subdivision Street Requirements, which shall be on a form approved by the County Attorney. The execution of a Comprehensive Storm Water Detention Agreement will function as a county-wide agreement, and eliminate the need for subsequent, individual subdivision agreements. 2. That this resolution shall be effective from and after the date of its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison IN RE: REQUESTS FOR WORK SESSIONS The work session on the widening of Interstate 81 was moved to April 13, 1999. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Nancy Hughes. 2506 Sharmar spoke on the need for a traffic signal at Hidden Valley Middle School and advised that they had met 6 of 11 warrants required by VDOT for the signal. IN RE: REPORTS 180 March 9, 1999 = Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor Harrison absent. ~ General Fund Unappropriated Balance 2. Cacital Fund Unaccrocriated Balance 3. Board Continaencv Fund 4. Future School Capital Reserve 5. Update of 1999-2000 budget calendar as of March 9. 1999 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He advised that at the March 23 meeting, there will be a number of public hearings including the Special Use Permit for the Woods End Site, proposed rezoning on land at the intersection of Route 419 and Brambleton Avenue, a work session with the School Board and requests from agencies for contributions. He asked if there was consideration to moving the meeting. Mr. Hodge advised that it was very difficult to change meeting places because of all the issues involved in relocating. Supervisor Minnix: (1) He asked Mr. Hodge if he had found any information about the mulch problems in his district. Mr. Hodge responded that he would discuss his findings with Supervisor Minnix after the meeting. (2) He asked Arnold Covey to investigate whether it was a zoning violation to park a vehicle in the front yard on the grass. Mr. Covey will investigate and report back. (3) He asked Terry Harrington to meet with him to review the proffered conditions attached to the Sunscape Apartment rezoning. March 9,1999 181 - Supervisor Nickens: (1) He announced that there would be a Board meeting with Congressman Goodlatte on August 10 and asked Mr. Hodge to brief the Congressman on the possible closing of the Vinton Post Office. He reported that letters have been received advising that there are no plans to vacate the post office. Supervisor Johnson: (1) He explained that he inquired whether members of the Airport Commission could be compensated but was informed by their legal counsel that compensation was not included in the General Assembly legislation establishing the commission. He asked Mr. Mahoney to meet with the Airport counsel to look at the possibility of establishing compensation for the commission members. IN RE: EXECUTIVE SESSION At 4:45 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A 2.1-344 A (3) acquisition of real estate for public purposes, Salem Office Supply and access road to Woods End school site, and 2.1-344 A (3) disposition of publicly held real estate - well lot. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison IN RE: WORK SESSIONS 182 March 9, 1999 = ~ Ucdate on Widening of Interstate 81. (Gardner Smith) This work session was postponed until April 13, 1999. 3. Discussion on financing options for Public Works Imcrovement Proiects (Garv Robertson) The Work Session was held from 5:00 to 5:30 p.m. Utility Director Gary Robertson presented two options for financing the public work improvement projects: (1) Revise the Roanoke County Code that any landowner may, at their option, request in writing on forms provided by the County, to be allowed to make monthly payments on the off-site facilities fee portion of the connection fee with certain provisions; or (2) Leave the Code sections as they are now and continue including special financing options as each petition project is approved. It was Board consensus to approve the Grisso request and to bring back a policy in 30 days on April 13, 1999, that includes: interest rate, term of loan that would cover most situations, and penalty for those who do not participate in the beginning of the project. The Board came out of the work session and returned to open session to take action at 5:30 p.m. In RE: SECOND READING OF ORDINANCES ~ Second reading of ordinance amending Ordinance 090997-5 authorizing the creation of and financing for a Local Public """'.., March 9, 1999 183 - Works Improvement Proiect. Mountain Heights Water Proiect. (Paul Mahonev. County Attorney) 0-030999-9 This item was discussed in work session. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDINANCE 030999-9 AMENDING ORDINANCE 090997-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, MOUNTAIN HEIGHTS WATER PROJECT WHEREAS, by Ordinance 090997-5 adopted on September 9, 1997, the Board of Supervisors authorized the creation of and financing for a local public works improvement project, namely Mountain Heights Water Project; and WHEREAS, certain terms and conditions were imposed by this ordinance upon property owners in the Project Service Area wishing to participate in this project, one of which was that they elect to participate on or before December 9, 1997; and WHEREAS, the Board desires to expand those terms and conditions to include new property owners in the Project Service Area who acquired their property after the December 9, 1997 deadline stated in Ordinance 090997-5; and WHEREAS, the first reading of this ordinance was held on February 23, 1999; the second reading was held on March 9, 1999. BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That Ordinance 090997-5 authorizing the creation of and financing for the Mountain Heights Water Project be amended to provide that new property owners in the Project Service Area may apply and receive the benefits provided in Ordinance 090997-5 provided the new property owners apply with the Utility Director within three (3) months of their acquisition of the property. 2. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved the by the County Attorney. 184 March 9, 1999 - 3. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison IN RE: WORK SESSION At 5:35 p.m., the Board of Supervisors returned to a Work Session. 3. Budaet Work Session - debts and revenues (Brent Robertson) The Work Session was presented by Budget Manager Brent Robertson who updated the Board on the revenue figures for 1998-99 and proposed revenue figures for 1999-2000. Director of Finance Diane Hyatt presented a work sheet showing the proposed revenues and expenditures for the 1999-2000 budget for the County and Schools. Staff will bring back revised figures on March 23, 1999. IN RE: EXECUTIVE SESSION The Executive Session was held from 6:30 p.m. to 7:35 p.m. IN RE: CERTIFICATION RESOLUTION R-030999-10 At 7:35 p.m., Supervisor Johnson moved to return to open session, that the Executive Session was held from 6:30 p.m. until 7:35 p.m., and adopt the Certification Resolution. The motion carried by the following recorded vote: March 9, 1999 185 ===; ~ AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 030999-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison IN RE: ADJOURNMENT At 7:37 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ì'?70.ø-r JV. aL~~_ Mary H. AI en:CMC/AAE Clerk to the Board 186 ~ ------- THIS PAGE LEFT BLANK INTENTIONALLY