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HomeMy WebLinkAbout5/27/1999 - Regular May 27,1999 343 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 27, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this meeting having been changed from the second Tuesday to the second Thursday, and the second regularly scheduled meeting of the month of May, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; 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 Mr. Jack Trent, Superintendent, Roanoke Valley Juvenile Detention Center. The Pledge of Allegiance was recited by all present. Mr. Trent updated the Board on renovations at the Juvenile Detention Home. 344 May 27,1999 ,- IN RE: NEW BUSINESS L. Reauest from School Board to accrocriate $1,711.890 for FY 1999 State Lottery Funds. /Dr. Jerry Hardv, Director of Budaet and Data Manaaement) A-052799-1 Dr. Hardy reported that the 1999 General Assembly passed legislation that distributes the lottery funds to school divisions in 1999 and 2000. In order to receive these funds, local governing bodies must: (1) match the state lottery funds with a local share; (2) appropriate the state lottery funds for education purposes with no less than 50 percent appropriated for non-recurring expenses; and (3) maintain the same level of local support for public education operating expenditures as provided in fiscal year 1996. A new requirement is that unexpended lottery funds from fiscal year 1999 shall be carried over by the locality to be appropriated to the school division in fiscal year 2000. Roanoke County schools will receive $1,711,890 in state lottery funds which exceeds their initial request by $8,316. Dr. Hardy explained that the School Board discussed how these funds would be spent in a budget work session with the Board of Supervisors and the funds are already approved in the School Board's budget. This action will appropriate the funds. Supervisor Johnson, noting that some ofthe funds would be spent on musical equipment, suggested using some of the early retirement teachers to contact former students to donate their musical instruments. In response to a question from Supervisor Minnix, School Superintendent Deanna Gordon advised that there will probably be 150 May 27,1999 345 - Supervisor Minnix moved to adopt the request. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for June 22, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None L. First readina of ordinance to obtain a Scecial Use Permit to construct a life care facility. located at 7603 Marson Road. Hollins Maaisterial District. ucon the cetition of HCMF/American Healthcare. 2. First readin9 of ordinance to obtain a Scecial Use Permit for an accessory acartment. located at 4927 Huntridae Road. Hollins Magisterial District. ucon the cetition of Elizabeth Lawson. 3. First readina of ordinance to rezone 10.61 acres from R-1 to AR to construct areenhouses. located on West River Road (tax mac #64.03-1-341. Catawba Maaisterial District. ucon the cetition of Roaer Rardin-The Tyler Rose. Inc. IN RE: FIRST READING OF ORDINANCES L. First readina of an ordinance to acauire the Read Mountain Water 346 May 27,1999 - SYstem. (Garv Robertson. Utility Director) Mr. Robertson advised that Fralin and Waldron purchased Crumpacker Orchards in the early 1970's for a residential development known as the Orchards subdivision. Because public water was not available at that time, Fralin and Waldron, Inc. developed a private water system named Read Mountain Water Company. The heirs of Horace Fralin and Elbert Waldron have now decided to sell the water company. Roanoke County has been given the first opportunity to purchase the system, which currently serves approximately 560 customers. Mr. Robertson explained that the staff has been negotiating with Fralin and Waldron for several months and a contract is pending. The agreement calls for Roanoke County to pay $600,000. Read Mountain Water Company will read the meters and send the final quarterly bill within three days prior to closing. Roanoke County will pay Read Mountain Water Company 95% of the value of these billings, estimated at $30,000, and will be responsible for collection from the users. Roanoke County also agrees to pay off- site facility fees for up to 256 new residential connections. If there is a problem in the future with the groundwater sources, the County would not be obligated to provide new connections. Mr. Robertson requested that If the purchase of the water system is approved, staff recommends that County rates and charges become effective at time of closing and the vehicle and personnel count of the Utility Department be increased by two. These personnel will be utilized for meter reading, customer service, routine maintenance and emergency service. Mr. Robertson presented a timetable for purchase of the water system and May 27,1999 347 - Mr. Robertson presented a timetable for purchase of the water system and explained that the SCC must approve the sale of the water system in accordance with the Utility Transfers Act in the Code of Virginia. Funds for purchase ofthe water system are available as follows: $269,737.51 are presently allocated in Water Fund for water system acquisition and $370,262.49 is available in Water Fund Unappropriated Balance for a total of $640,000.00. Mr. Robertson recommended that staff approve the purchase of the Read Mountain Water System and the addition of two personnel and vehicle count after approval from the State Corporation Commission. Supervisor Nickens expressed concern about adding two additional staff and vehicles for only 800 additional customers. Mr. Robertson responded that the additional staff would be doing more than reading meters, and that they are currently spending over $300,000 in overtime costs. Supervisor Nickens asked for additional information about the proposed additional positions and the current overtime costs at second reading on June 8, 1999. Supervisor Johnson moved to approve the first reading and set the second reading for June 8, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix,'Harrison, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES L. Second readina of ordinance authorizina the acauisition of 348 May 27,1999 - W. Gallimore for an access road Into the Roanoke County Center for Research & Technoloay. (Tim Gubala. Economic Develocment Director) 0-052799-2 There was no discussion and no citizens present to speak on this ordinance. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052799-2 AUTHORIZING ACQUISITION OF PROPERTY ON GLEN MARY DRIVE FROM MARTIN GALE GALLIMORE AND GARY WAYNE GALLIMORE (TAX MAP NO. 64.00-1-2) FOR AN ACCESS ROAD INTO THE ROANOKE COUNTY CENTER FOR RESEARCH & TECHNOLOGY WHEREAS, in order to provide additional land for an industrial access road into the Roanoke County Center for Research & Technology, the County requires a certain parcel of land, consisting of .75 acre, more or less, located on Glenmary Drive in the Catawba Magisterial District of the County of Roanoke, Virginia, owned by Martin Gale Gallimore and Gary Wayne Gallimore; and WHEREAS, staff has negotiated the purchase of said property from the Gallimores for the sum of $5,500.00, the estimated fair market value being $3,000.00 based upon an independent MAL appraisal; and WHEREAS, the Gallimores and the County have entered into a contract of sale, subject to approval by the Board of Supervisors; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on May 11, 1999; and the second reading was held on May 27, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Martin Gale Gallimore and Gary Wayne Gallimore, a .75-acre parcel of land, identified as Tax Map #64.00-1-2, together with all rights incident thereto and appurtenances thereunto belonging, for an amount not to exceed $5,500.00. 2. That the purchase price, and estimated closing costs of $1,300.00, May 27,1999 349 belonging, for an amount not to exceed $5,500.00. 2. That the purchase price, and estimated closing costs of $1 ,300.00, shall be paid out of the Glenn Mary Industrial Park account. 3. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. .Second reading of ordinance authorizina the execution of an aareement with Home Decot USA. Inc. to reimburse the County for certain excenditures. and to address the sale of certain real estate (0.251 acre identified as Tax Mac No. 77.13-5-30 and 0.254 acre Tax Mac No. 77.13-5·311. (Paul Mahoney. County Attorney) 0-052799-3 Mr. Mahoney advised there were no changes from the first reading. In response to questions from the supervisors, Mr. Mahoney explained that (1) the decision to demolish the homes was made by the County, not Home Depot; (2) that the County should be responsible for the costs and the maintenance of the parcels; . (3) that Home Depot had no obligation to reimburse us for the purchase of the homes; (4) while there is no need for the property for park land, there is probably a long term benefit in the future because the land could be used for a second access to the Route 419- Brambleton Avenue site; and (5) that the assessed value for each property was between $75,000 and $80,000. 350 May 27,1999 - possibly made some money, but by demolishing the homes, the property will require little maintenance and should not "sit" on the market too long. If the property is rezoned it must come back to the Board for approval. Supervisor Nickens moved to deny the ordinance, but withdrew his motion during discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens ORDINANCE 052799-3 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HOME DEPOT USA, INC. TO REIMBURSE THE COUNTY FOR CERTAIN EXPENDITURES, AND TO ADDRESS THE SALE OF CERTAIN REAL ESTATE (0.251 ACRE IDENTIFIED AS TAX MAP NO. 77.13-5-30 AND 0.254 ACRE TAX MAP NO. 77.13-5-31) WHEREAS, the Board of Supervisors of Roanoke County and Home Depot USA, Inc. (Home Depot) were involved in certain negotiations related to the proposed development of certain real property located on Westmoreland Drive in the Cave Spring Magisterial District of the County of Roanoke, Virginia, which development included the proposed construction of a Home Depot store; and WHEREAS, in consideration of the potential economic development of the area, the County expended certain funds in anticipation of the proposed development for acquisition of certain parcels, environmental and engineering studies, etc., which expenditures amounted to Two Hundred Eight-five Thousand Seven Hundred Forty Three and 99/100 Dollars ($285,743.99) hereinafter referred to as the "Expenditures"; and WHEREAS, Home Depot determined that the development is not feasible, the County and Home Depot desire to enter into a financial agreement whereby Home Depot shall advance to the County the Expenditures, and the County shall upon the sale of the Properties (0.251 acre identified as Tax Map No. 77.13-5-30 and 0.254 acre identified as Tax Map No. 77.13-5-31) pay to Home Depot the proceeds of the sale of such Properties; and WHEREAS, the first reading ofthis ordinance was held on May 11, 1999 and the second reading was held on May 27, 1999. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, May 27,1999 351 - as follows: 1. That the execution of an Agreement with Home Depot U.S.A., Inc. is hereby authorized and approved; and that the County Administrator, or his designee, is hereby authorized to execute this Agreement on behalf of the Board of Supervisors and the County of Roanoke, all upon form approved by the County Attorney, and to take such actions as may be necessary to accomplish the purposes of this ordinance. 2. That the County shall use its best efforts to sell the Properties for an amount at least comparable to the Expenditures. If the County receives an offer to purchase the Properties for a price at least equal to 85% of the Expenditures, the County may sell the Properties without the consent of Home Depot. In the event the offer is less than 85% of the Expenditures, the County shall obtain the consent of Home Depot prior to sale. The County shall be solely responsible for the maintenance and upkeep of the Properties. The County may demolish the Properties, or may rent the Properties. 3. That upon receipt of these funds from Home Depot, said funds are reappropriated to the Capital Fund. 4. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens 3. Second readina of ordinance accrocriatina the funds for the fiscal year 1999/2000 budget. (Brent Robertson. Budaet Manaaer) 0-052799-4 Mr. Robertson reported there was a correction to the code section in the ordinance from the first reading. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052799-4 APPROPRIATING FUNDS FOR THE 1999-00 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public 352 May 27,1999 Ilcdl ¡llg vyà~ I,eld 01. April 27, 1 899 concerning the 8e1option ot tne annual bueJget rer Roanoke County for fiscal year 1999-00; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 11, 1999, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 11, 1999, and the second reading of this ordinance was held on May 27, 1999, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1999, and ending June 30, 2000, for the functions and purposes indicated: - - County of Roanoke Adopted FY 1999-2000 Budget May 27, 1999 Revenues; General FWld: General Government Youth Haven n Comprehensive Services E-911 Maintenance Law Library Recreation Fee Class Internal Services Garage IT Total General FWld $ 106,590,750 447,468 1,797,917 725,000 38,095 848,102 2,047,001 1,215,658 $ 113,709,991 Debt Service FWld $ 10,753,444 Capital Projects Fund $ 2,546,925 . Internal Service Fund - Risk Management Water Fund Beginning Balance $ 893,911 $ 12,767,506 4,324,914 17,092.420 Sewer Fund Beginning Balance $ 5,953,942 7,536,832 13,490,774 School Funds: Operating Cafeteria Gnmt Textbook Total School Fund Total All Funds $ 91,081,332 3,495,000 2,466,147 858,352 $ 97,900,831 $ 256.388.296 May 27,1999 353 - County of Roanoke Adopted FY 1999-2000 Budget May 27, 1999 Expenditures: General Government: General Administration Board of Supervisors County Administrator Community Relations Asst. Co. Administmtors Human Resources County Attorney Economic Development T ota! General Administration Total Management Services $ 241,006 201,023 171,207 256,865 409,635 354,623 816,080 $ 2,450,439 $ 603,945 554,708 30,665 625,120 762,175 1,240.636 3,127,288 $ 6,944,537 $ 133,068 40,478 1,655 10,429 332,385 $ 518,015 $ 733,613 757,423 105,200 132,689 316,870 $ 2,045,795 Constitutional Officers Treasurer Commonwealth Attorney Victim!Witness Commissioner of the Revenue Clerk of the Circuit Court Sheriffs Office Care & Confinement of Prisoners Total Constitutional Officers Judicial Administration Circuit Court , General District Court Magistrate J & DR Court Court Service Unit Total Judicial Administration Management Services County A..sessor Financial Plamlln¡¡ Public Transportation Management and Budget Procurement Services 354 May 27,1999 County of Roanoke Adopted FY 1999-2000 Budget May 27, 1999 Public Safety Police Fire and Rescue Total Public Safety Community Services General Services Solid Waste Community Development Development Services Building Maintenance Total Community Service. Human Services Grounds Maintenance Parks and Recreation Public Health Social Services Administration Contributions-Human Service, Cultural, Tourism Library VPI Extension Elections Total Human Servjces Non-Departmental Employee Benefits Miscellaneous Internal Service Charges T otaI Non-Departmental S 6,336,871 4,677,314 S 11,014,185 S 383,084 3,371,442 2,922,476 84,266 1,356,506 S 8,117,774 S 1.418,294 1,449,413 435,563 4,069,643 397,403 1,875,938 83,490 200,671 S 9,930,415 S 1,760,782 620,000 1,731,366 . S 4,112.148 May 27,1999 355 - County of Roanoke Adopted FY 1999-2000 Budget May 27, 1999 Transfers to Other Funds Transfer to Debt - General & Schools S 7,830,083 Transfer to Capital 2,546,925 Transfer to Schools 47,626,138 Transfer to Schools - Dental Insurance 315,727 T~rtoInÅ“rn&S~c~ 893,911 Transfer to Comprehemive S~ces 879,000 Transfer to Youth Haven II 50,000 Transfer to County Garage 1,215,658 Total Transfers to Other "Funds S 61,357,442 Unappropriated Balance Board Contingency 100,000 Total General Gove=ent S 106,590,750 Youth Haven II S 447,458 Comprehemive Services S 1,797,917 E-911 Maintenance $ 725,000 La;'" Library $ 38,095 Recreation Fee Class S 848,102 Internal Servic~ Management Infonnation Systems $ 1,482,344 Communications 564,657 Total Internal Services S 2,047,001 County Garage S 1,215,658 Total General Fund S 113,709,991 356 May 27,1999 - . ' , ['.:.. County of Roanoke Adopted FY 1999-2000 Budget May 27, 1999 '" Debt Service Fund Capital Projects Fund Internal Services Fund - Risk Management Water Fund Unappropriated Balance Total All Funds $ 10,753,444 $ 2,546,925 $ 893,911 $ 13,411,638 3,680,782 17,092,420 $ 5,816,299 7,674,475 13,490,774 $ 91,081,332 3,495,000 2,466,147 858,352 $ 97,900,831 $ 256.388,296 " '- Sewer Fund Unappropriated Balance School Funds: Operating Cafeteria Grant TextBook Total School Funds In addition to the above revenues and expenditures, the following beginning balance will be appropriated to the Unappropriated Balance of the respective fund: General Fund - ' $ 6,700,000 May 27,1999 357 - 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1999, are reappropriated to the 1999-00 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1999, and appropriations in the 1999-00 budget. 5. That all school fund appropriations remaining at the end of the 1998-99 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1999-00. 6. That all General Fund appropriations remaining unexpended at the end of the 1998-99 fiscal year not lapse but shall be reappropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re-appropriated to the same department for expenditure in fiscal year 1999-00 as provided by Resolution 042396-5. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None , . 358 May 27,1999 Classification Plan FY 1999 - 2000 May 27,1999 359 Classification Plan FY 1999 - 2000 360 May 27,1999 Classification Plan FY 1999 - 2000 May 27, 1999 361 Classification Plan FY 1999 - 2000 362 May 27,1999 Classification Plan FY 1999 - 2000 May 27,1999 363 Classification Plan FY 1999 - 2000 364 May 27,1999 Classification Plan FY 1999 - 2000 May 27,1999 365 Classification Plan FY 1999 - 2000 366 May 27,1999 Classification Plan FY 1999 - 2000 May 27,1999 Classification Plan FY 1999 - 2000 ~ 3ü May 27,1999 Classification Plan FY 1999 - 2000 May 27,1999 Classification Plan FY 1999 - 2000 Classification Plan FY 1999 - 2000 May 27,1999 371 - IN RE: APPOINTMENTS L. Blue Ridae Community Services Board of Directors Supervisor Johnson asked that a letter of appreciation be sent to Susan Cloeter who has resigned from this Board. 2. Board of Zonina Acceals Supervisor Minnix nominated Rodney McNeil to serve another five year term which will expire on June 30, 2004. 3. Clean Valley Council Supervisor Minnix nominated Joseph McNamara to serve another two year term which will expire on June 30, 2001. 4. Fifth Plannina District Commission Supervisor Minnix nominated Joseph McNamara to serve another three year term which will expire on June 30, 2002. 5. Fifth Plannina District Commission Metrocolitan Plannina Oraanization Supervisor McNamara nominated H. Odell Minnixto serve another three year term as an alternate. His term will expire on June 30, 2002. 6. Parks and Recreation Advisorv Commission Supervisor McNamara nominated William Skelton to serve another three year term representing the Windsor Hills District. His term will expire on June 30, 2002. 7. Roanoke Valley Resource Authoritv 372 May 27,1999 - Supervisor Harrison nominated Elaine Carver to fill the unexpired term of William Rand. This term will expire on December 31,1999. 8. Virainia Western Community Colleae Board Supervisor Johnson nominated James W. Arend and Geoffrey Ottaway to serve additional four year terms which will expire on June 30, 2003. INRE: CONSENT AGENDA R-052799-5 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052799-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 27, 1999, 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 7, inclusive, as follows: . 1. Approval of Minutes - May 11, 1999 2. Confirmation of committee appointments to the Fifth Planning District Commission Metropolitan Planning Organization. 3. Appropriation of $7,000 for Community Services and Independent Living Conferences for the Department of Social Services. 4. Acceptance of $2,300 grant and $4,300 from the Virginia Foundation for the Humanities and appropriation of funds to the Library. May 27, 1999 373 - 5. Request from Schools to appropriate $85,000 Summer Youth Employment grant through Fifth District Employment and Training Consortium. 6. Request from Schools to appropriate $2,750 Grant from the Virginia Commission for the Arts for Virginia Opera. 7. Request from Schools to appropriate $5,316.40 from the Virginia Department of Education to mail School Performance Reports. 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 resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge asked for a work session to be scheduled for the June 8, 1999 meeting to update the Board on Phase I and II of the school construction projects. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. David Courey. 3419 Ashmeade Drive SW.. spoke in opposition to salary increases for the Board of Supervisors. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Item 6. The motion carried by a unanimous voice vote. L. General Fund Unaccrocriated Balance 374 May 27,1999 - 2. Cacital Fund Unaccrocriated Balance 3. Board Continaencv Fund 4. Future School Cacital Reserve 5. Recort of accroved chances to the Secondary System of State Hiahwavs as of Acril1999 6. Recort of expenditures and commitments for cublic crivate partnershics from the Economic Develocment Cacital Fund Supervisor Nickens asked that the Miss Virginia pageant not be included in the public private partnerships in the future, and instead be included in the requests for contributions from Human Services agencies. 7. Statement of Revenues and Expenditures as of Acril30. 1999 8. Accounts Paid· Acril1999 INRE: EXECUTIVE SESSION At 4:00 p.m., Supervisor Johnson moved to go into Executive Session pursuant to Code of Virginia Section 2.1-344 A (1) personnel matter; and 2.1-344 A (5) discussion concerning prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: EVALUATIONS May 27,1999 375 - Chairman Johnson announced that the evaluations of County Attorney Mahoney and County Administrator Hodge will be held at the meeting on June 8, 1999. IN RE: CERTIFICATION RESOLUTION R-052799-6 At 7:00 p.m., Supervisor Johnson moved to return to open session; announced that the Executive Session was held from 4:15 p.m. until5:15 p.m., and moved adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson ABSENT: Supervisor McNamara (was absent at 7:00 p.m. when the vote confirming the Executive Session was held. He returned at 7:11 p.m. and voted aye.) RESOLUTION 052799-6 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 RE~OLVED, 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 ~. 376 May 27,1999 - carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCES L. Second readina of an ordinance to rezone 53.125 acres from AG- 3 to PRD to construct a clanned residential community located in the 7600 block ofToken Road. Cave Scrina Maaisterial District ucon the cetition of Grindstone Enaineerina. (Terrv Harrinaton. County Planner) Chairman Johnson announced that this petition had been withdrawn. 'j" 2. Second readina of an ordinance to obtain a Scecial Use Permit to reclace an existina 30 foot wooden cole with an 80 foot steel monocole and reclace an existina buildina. located .4 mile north of intersection of Bent Mountain Road and Aircoint Drive, Windsor Hills Maaisterial District ucon the cetitión of US Cellular. (Terrv Harrinaton, County Planner) (CONTINUED FROM APRIL 27. 1999 AT REQUEST OF PETITIONER) 0-052799-7 . DENIAL Mr. Harrington reported that this is a petition to replace a 30 foot wooden pole and two 5 foot whip antennas with an 80 foot steel monopole and a triangular base supporting 9 directional panel antennas. The total property contains 3.268 acres, is owned May 27,1999 377 - by Ohio State Cellular, and is located .4 miles north of Airpoint Drive. At the Planning Commission, several citizens spoke in opposition to the request because it would obstruct the view, and because when the Board approved the site for the existing tower, the applicant told the Board and citizens that the tower would never be increased in height. The Planning Commission recommended denial because of previous commitments to the residents and because the petitioner had not looked for other less obtrusive locations. John Parkin, representing US Cellular, advised that they are making this request to reduce the area of coverage to avoid interference with neighboring sites and to allow for co-location. They have modified their proposal and eliminated the platform structure which will improve the visual impact. Mr. Parkin explained that they met with the homeowners in the community and attempted to improve the visual impact. The following citizens spoke in opposition to the petition because the proposed tower will impact the visual beauty of the Bent Mountain area and the need to protect the viewsheds on Route 221. 1. Alan Gleiner. 10185 Bottom Creek Road 2. Susan Bowles. 10357 Ivv Ridae Road 3. Eldon Karr, 8011 Poor Mountain Road , 4. Charlotte Lester. 9168 Lookout Lane Supervisor Harrison asked how many cellular towers are now located in Roanoke County. Mr. Harrington responded there were 14 and all were at the maximum height. Supervisors Minnix and Johnson both noted that they made a commitment 378 May 27,1999 = to the residents when the first tower was approved and would keep the commitment. Supervisor McNamara pointed out that there was already a 30 foot tower which provides service to the area, and that the replacement would affect the viewshed. Supervisor McNamara moved to DENY the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ,;¡. ORDINANCE 052799-7 DENYING A SPECIAL USE PERMIT TO U.S. CELLULAR TO REPLACE AN EXISTING 30-FOOT WOODEN POLE WITH AN 80-FOOT STEEL MONOPOLE AND TO REPLACE AN EXISTING BUILDING LOCATED .4 MILE NORTH OF THE INTERSECTION OF BENT MOUNTAIN ROAD AND AIRPOINT DRIVE (TAX MAP NO.1 03.00-1-34 & 35), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, U, S. Cellular has filed a petition to replace an existing 30-foot wooden pole with an 80-foot steel monopole and to replace an existing building located .4 mile north of the intersection of Bent Mountain Road and Airpoint Drive (Tax Map No. 103.00-1-34& 35) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 6, 1999; and reconsidered this matter on March 23, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 23,1999; the second reading and public hearing on this matter was held on April 27, 1999; and continued to May 27,1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor McNamara to DENY the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None FINDINGS OF FACT SUPPORTING THE DENIAL OF THE APPLICATION 1) There is an existing 30-foot high tower and antennas on the site, owned and operated by the applicant. Denial of this permit will not prohibit the applicant from providing service to this area. May 27,1999 379 - 2) During initial approval of this site in 1994 the applicant told the Board of Supervisors and the citizens at the public hearing that the tower, if approved, would never need to be increased in height. 3) The placement of a steel monopole and related antennas would have an obtrusive visual impact on the views and vistas that exist along this section of Rt. 221 leading to the entrance of the rural Bent Mountain Community. 4) The applicant has not explored the possibility of alternative less visible sites in the area. The applicant advised the Planning Commission that they did not look for other sites because they already owned this site. 5) The proposed tower would be 50' taller than the adjacent roadway and highly visible, as opposed to the existing pole which is below the road and not visible. 3. Second readina of an ordinance to obtain a Scecial Use Permit to construct a fast food restaurant and drive-thru, located at 4065 Electric Road. Cave Scrina Maaisterial District. ucon the cetition of Kriscv Kreme Douahnut COrDoration. (Terrv Harrinaton. County PIannerl 0-052799-8 Mr. Harrington advised that the petitioner plans to construct and operate a fast food restaurant with a drive-through window at the former Hurricane Hatties, a . 1.15 acre restaurant site on Electric Road in the Tanglewood Mall area. They plan to construct a 5,700 square foot building. A bypass lane is also shown for the drive- through window. A new access is proposed to the site from Electric Road. An access from the site to the private drive currently serving McDonald's and Chuck E Cheese is shown to be abandoned. --~- 380 May 27,1999 - The Planning Commission expressed some concern about the proposed access to Electric Road, and after discussion, the commission was comfortable with the new access and recommended approval of the petition with two conditions. In response to a question from Supervisor McNamara, Mr. Harrington advised that the staff and VDOT preferred not to have the access from Electric Road but the Planning Commission did not agree. John Kuczynski, McAdam Co., Inc. represented the petitioner. He described the proposed layout, the drive-through and the current access conflict. He explained that they cannot use the current access because of significant grading problems. There was extensive discussion on the proposed access to the restaurant and grading. Supervisors Minnix and McNamara suggested using the access already used by Kentucky Fried Chicken, but Mr. Kuczynski responded that there was not enough space. Supervisor McNamara advised he would not support the request because the staff and VDOT did not support the cut on Route 419. Supervisor Nickens noted that the building was very white and asked the petitioner if it was possible to use a more muted color. Mr. Kuczynski responded that he would review the colors with the Planning staff. Supervisor Minnix moved to adópt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara May 27,1999 381 - ORDINANCE 052799-8 GRANTING A SPECIAL USE PERMIT TO KRISPY KREME DOUGHNUT CORPORATION TO CONSTRUCT A FAST FOOD RESTAURANT AND DRIVE-THRU TO BE LOCATED AT 4065 ELECTRIC ROAD (TAX MAP NO, 87,07-1-50), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Krispy Kreme Doughnut Corporation has filed a petition to construct a fast food restaurant and drive-thru to be located at 4065 Electric Road (Tax Map No. 87.07-1-50) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 4, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 27, 1999; the second reading and public hearing on this matter was held on May 27, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Krispy Kreme Doughnut Corporation to construct a fast food restaurant and drive-thru to be located at 4065 Electric Road (Tax Map No. 87.07-1-50) in the Cave Spring Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) Site will be developed in substantial conformance with the concept plans dated March 11, 1999. (2) The landscaping on the site shall be in general conformance with the Krispy Kreme conceptual site plan prepared by John R. McAdams Co., Inc. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to approve the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara 4. Second reading of an ordinance to obtain a Scecial Use Permit to construct an educational facilitv. located in the 7800 block of Olsen Road, Hollins Maaisterial District. ucon the cetition of 382 May 27,1999 The Achievement Center Foundation. (Terrv Harrinqton. County Planner) 0-052799-9 Mr. Harrington presented the staff report explaining that this was a petition for a Special Use Permit for a private education facility. The Planning Commission held a public hearing on May 4 and recommended approval of six conditions based on citizen concerns which he reviewed for the Board. Supervisor Johnson asked where the stormwater detention would be located. Mr. Harrington advised that it had not been designed yet but would be somewhere between the facility and the lower portion of the property near Carvins Creek. Jim Douthat, President of the Achievement Center, represented the petitioner. He explained that the school is a 501 C3 tax exempt entity that serves students with learning disabilities from the around the Roanoke Valley. The school has been in existence for 20 years and will have a maximum of 125 students with 10 students per class. Supervisor Johnson noted that there were two parcels and asked if one of them could be taxable. Mr. Mahoney advised that the Board could limit the approval of construction of the school to Lot 12, but that some of Lot 13 might be used for athletics and that stormwater management might be on Lot 13. Mr. Douthat agreed that Lot 13 could be considered taxable and not part of the 501 C3 tax-exempt status. Supervisor Johnson also expressed concern about traffic access and Mr. May 27,1999 383 - Douthat advised that they would work with the staff on improving ingress and egress. Mr. Harrington also advised there could be a small resubdivision and that part of lot 13 will go into Lot 12. Supervisor Johnson moved to adopt the ordinance with additional conditions. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052799-9 GRANTING A SPECIAL USE PERMIT TO THE ACHIEVEMENT CENTER FOUNDATION TO CONSTRUCT AN EDUCATIONAL FACILITY TO BE LOCATED IN THE 7800 BLOCK OF OLSEN ROAD (TAX MAP NOS. 26,16-2-12 AND 13), HOLLINS MAGISTERIAL DISTRICT WHEREAS, The Achievement Center Foundation has filed a petition to construct an educational facility to be located in the 7800 block of Olsen Road (Tax Map Nos. 26.16-2-12 and 13) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 4, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 27, 1999; the second reading and public hearing on this matter was held on May 27, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to The Achievement Center Foundation to construct an educational facility to be located in the 7800 block of Olsen Road (Tax Map Nos. 26.16-2-12 and 13) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The site development shall substantially conform to the concept plan by Balzer and Associates, dated March 10, 1999 and preliminary construction system analysis and to include paving of roads and parking areas. (2) New sewer service for the site shall connect to the sewer main along the West Fork of Carvins Creek. (3) Type C, Option 2 landscaping shall be planted where the school development adjoins residential properties, and between the 384 May 27,1999 - school development and Olsen Road. (4) Security gates shall be installed at each entrance. (5) Maximum student capacity shall be limited to 125 students. (6) Down lit security lighting only with a maximum height of 22 feet. (7) This special permit shall be granted and shall apply only to the tax parcel #26.16-2-12 and shall not include or authorize any requested use or development on tax parcel 26.16-2-13, except that a small portion of tax parcel 26.16-2-13 may be subdivided and combined with tax parcel 26.16-2-12 to allow the existing knoll on the tax parcel 26.16-2-13 site to be located within the boundaries of tax parcel 26.16-2-12. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with Condition #7 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Second readina of an ordinance to obtain a Scecial Use Permit to ocerate a dance hall. located at 7300 Williamson Road, Hollins Maaisterial District. ucon the cetition of ABD Inc. (Terrv Harrinaton. County Plannerl 0-052799-10 - DENIAL Mr. Harrington advised that ABD is requesting a special use permit to operate a dance hall. The property consists of two lots totaling 9.50 acres. The applicant is proposing to operate a dance hall in conjunction with a restaurant, lounge and sports bar, plus 10,000 square feet of the facility will be available for rent or lease. The parcel currently houses the 28,419 square foot metal warehouse building, which was formerly Moore's Building Supply. In C-2 General Commercial District, dance halls May 27,1999 385 - are allowed only after a special use permit is granted so that the County can control the scale and nature of proposed uses and their impacts on the community. Mr. Harrington reported that at the Planning Commission hearing, citizens expressed concern about adequate parking, incompatible use in the neighborhood, and previous police reports at the current location on Williamson Road. Mike Amos, Precision Investments, and Ray Barger, manager/owner of Spurs represented the petitioner. Mr. Amos presented copies of aerial shots of the building. He advised there would be additional parking in the upper area with lights and a pedestrian pathway to the lower area. He also agreed to share the cost of speed bumps with Consumer Credit Counseling (CCC) to avoid speeding between the two facilities and to replace the fence near CCC. Mr. Barger addressed the police reports on their current location, known as Spurs, explaining that out of 146 calls in 15 months, only 26 occurred when Spurs was open. He advised that they will hire their own security and the lounge will only be open on Thursday through Saturday from 7 p.m. to 2 am. The following citizens spoke in opposition because of parking concerns, noise from the dance hall, the negative impact on child care centers and an elementary school located near the proposed project, and safety concerns from customers drinking and driving. 1. Leisha Cook. 5434 Oakland Boulevard 2. Dudlev Woody, P. O. 14125. Roanoke, attorney representing Consumer Credit Counseling Service, who was concerned about parking especially 386 May 27,1999 - when they have evening classes when Spurs will be open. 3. The Reverend Harry Christie. 6823 Goff Road. advised he had a petition with 685 people opposed to the request. 6, Bettv Lou Rizer. 7004 Peters Creek Road, spoke on behalf of a nearby mobile home park who expressed concern about the noise level. 7. William D. Bailev, 7514 Deer Branch Road. 8. W, Keene Carruthers, 8105 Facultv Road. The following citizens spoke in support of the petition because they felt the facility would be well-run and professional. 1. William "Slam" Duncan. 3119-A Honevwood Lane 2. Susan Gladden. 3995 Gladden Road 3. Shirlev Eversole. P. O. Box 151, Montvale Ray Barger, owner/manager, advised that they have been in this type of business for 26 years and have adhered to the very strict ABC laws. He also questioned how many of those who signed the petition actually lived in Roanoke County. Supervisor Johnson advised he has also received correspondence from Hollins University and the Fire and Rescue Chief who expressed opposition to the petition. In response to questions from the Board members, the petitioners advised that this facility will be about 20 percent larger than the other dance hall, and that the 10,000 square foot rental area would be used during the day while the other facilities May 27,1999 387 - would be open in the evening. Mr. Harrington advised that the current building has been vacant for about two years and that he has no details on the economic impact of the proposed facility but it would bring additional revenue to the County. Supervisor McNamara expressed concern about the noise level and suggested delaying action until June 8 to review the police calls at the current location and see if the noise level could be reduced. However, Supervisor Harrison advised that he was concerned about the traffic and parking problems and moved to DENY the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None PASS: Supervisor McNamara ORDINANCE 052799·10 DENYING A SPECIAL USE PERMIT TO ABD, INC. TO OPERATE A DANCE HALL TO BE LOCATED AT 7300 WILLIAMSON ROAD (TAX MAP NOS. 27.10-7-1 AND 2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, ABD, Inc. has filed a petition to operate a dance hall to be located at 7300 Williamson Road (Tax Map Nos. 27.10-7-1 and 2) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 4, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 27, 1999; 'the second reading and public hearing on this matter was held on May 27,1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Harrison to DENY the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None PASS: Supervisor McNamara 388 May 27,1999 - 6. Second readina of an ordinance to obtain a Scecial Use Permit for an eauicment and rental business. located to the rear of 5120 Peters Creek Road. Hollins Maaisterial District. ucon the cetition of Branch Manaaement. (Terry Harrinaton. County Planner) 0-052799-11 Mr. Harrington advised that this was a request for a Special Use Permit on a parcel approximately 8.29 acres, with an address of 5120 Peters Creek Road in order to conduct an equipment sales and rental business. At the Planning Commission hearing, Mr. Simpson of Simpson Tharp Funeral Home raised a concern about the use of chain link fencing and said he would prefer something more pleasing. In response to questions from the Planning Commission, Tom Branch advised that the area for outside equipment storage will not be paved, and Mike Webb said a drainage ditch will convey the water from the site over to the stormwater management area. The Planning Commission recommended approval with two conditions. Supervisor Johnson requested that he would like the chain link fence screened with red tip shrubbery. Berkley Thomas, who lives directly behind the property asked when the fence would be installed. Supervisor Johnson responded that the fence would have to be installed before a Certificate of Occupancy is issued. Mr. Thomas also asked about the noise level from the Cycle Center located near his home and expressed concern about the traffic to the center. Supervisor Johnson asked Mr. Harrington to investigate. May 27,1999 389 - Supervisor Johnson moved to adopt the ordinance with Condition #2 amended. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052799-11 GRANTING A SPECIAL USE PERMIT TO BRANCH MANAGEMENT CORPORATION TO ALLOW EQUIPMENT SALES AND RENTALS TO BE LOCATED AT 5120 PETERS CREEK ROAD (PART OF TAX MAP NO. 37.08-1-6), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Branch Management Corporation has filed a petition to allow equipment sales and rentals to be located at 5120 Peters Creek Road (Part of Tax Map No. 37.08-1-6) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 4, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 27, 1999; the second reading and public hearing on this matter was held on May 27,1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Branch Management Corporation to allow equipment sales and rentals to be located at 5120 Peters Creek Road (Part of Tax Map No. 37.08-1-6) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformity with the concept plan submitted. (2) There shall be a solid six foot high wood fence with along the southern property line of the site extending from the proposed entrance to the site, in an easterly direction to the corner of the property to be enclosed. Screening, landscaping and buffering shall be installed along all fences along the entire southern property line. A six foot high wood fence, landscaping, and buffering shall also be provided along the entire northern property line. The eastern side of the property may be enclosed with a chain link fence. This property line shall be landscaped, and buffered with "Red Tips" or comparable landscaping to ensure that the fence 390 May 27,1999 - and this easterly property line is landscaped and DuTfered. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with Condition 2 amended, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 7. Second readina of an ordinance to increase the salaries of the members of the Board of Sucervisor of Roanoke County cursuant to Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the Code of Virginia. (Paul Mahonev, County Attornev) 0-052799-12 Mr. Mahoney presented the report and advised there were no changes from the first reading. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 052799-12 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the May 27,1999 391 - procedure for increasing their salaries; and WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $11,817.56_by Ordinance 062398-14 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5%) percent; and WHEREAS, the first reading on this ordinance was held on May 11, 1999; the second reading and public hearing was held on May 27, 1999. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of 3.0% pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $12,172.09 for members of the Board. In addition, the chairman of the Board will receive an additional annual sum of $1,800 and the vice-chairman of the Board will receive an additional sum of $1,200. This ordinance shall take effect on July 1, 1999. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Sucervisor Nickens: (1) He advised that he met with representatives of United Way to discuss their being involved, with the distribution of County funds to service agencies. They accepted the idea, and with Board concurrence, he would like to prepare a letter to the United Way requesting the United Way's participation. (2) He has received information that the Rising Star Sports Camp is still in violation of the County Code. He asked Mr. Mahoney and the Planning staff to investigate in the immediate future to discontinue these violations. (3) He advised that the County staff 392 May 27,1999 has responded to the transportation issues raised by the t)enlor and CI Ic:dlengca Citizens Commission. He would like copies of (a) Regulations Governing Special Education Programming for Children with Disabilities in VA.; and (b) copies of the Roanoke County Schools' Annual Plan for Special Education for FY 1998/99 and FY 1999/2000 placed in each County Library. Sucervisor McNamara: (1) He advised that he was late for the evening session because he spoke to 52 students who were valedictorians in their high schools. He congratulated all of them. (2) He announced that there will be a work session on June 8 to discuss the funding capabilities for Phase 2 school construction projects. Sucervisor Minnix: (1) He advised that he has visited Clearbrook Elementary School and the principal is very pleased with the renovations. (2) He also received information regarding the zoning violations at Rising Star Camp. He asked Terry Harrington if he had responded to a letter from Mike Wray concerning this problem. Mr. Harrington responded that he had but that Mr. Wray had asked him for further information. (3) He asked Terry Harrington to check on the plantings at the end of Ashmeade where Sunscape Apartments were supposed to place large plantings. Sucervisor Harrison: He extended congratulations to the Northside Softball team and the three Glenvar teams playing in the regional finals today. Sucervisors Johnson. McNamara and Harrison expressed their appreciation to Mr. Hodge, Mr. Mahoney and Ms. Hyatt for their work on the Gainsharing Agreement with the Town of Vinton, and especially to Supervisor Nickens for his time and talent in preparing the agreement. = May 27,1999 393 I INRE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Jav Huffman, 818 Shirlev Road. Salem, pointed out that economic growth in West Roanoke County will bring more residents into that area and that Glenvar Middle School needs to be built to fulfill the future school needs of the area. 2. Nancv Huahes. thanked everyone who helped to make the traffic light at the intersection of Route 419 and Hidden Valley Middle School a reality, especially Supervisor Harrison, Delegate Dick Cranwell and Senator John Edwards. IN RE: ADJOURNMENT At 9:31 p.m., Chairman Johnson adjourned the meeting to Monday, June 7, 1999, at 12:15 p.m. at the Roanoke Municipal Building for the purpose of a joint meeting with Roanoke City Council. Submitted by, Approved by, ~ Chairman '7 ~ ß. c2¿ Le..Æ- Mary H. Allen, CMC/AAE Clerk to the Board 394 May 27,1999 ~ This page left intentionally blank