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HomeMy WebLinkAbout11/23/1999 - Regular ~ November 23,1999 695 =, Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 23, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of November, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 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 (Arrived 3:04 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy 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 Reverend Becky Proctor, Rosalind Hills Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 696 November 23,1999 ABENDA ITEMS .- Mr. Hodge added Item 6 to new business: request for amendment to Performance Agreement to expand Advance Auto. Mr. Mahoney added an item to the Closed Meeting pursuant to Section 2.1- 344 A (3) acquisition of real estate for public use, lots in Stonebridge Subdivision. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Resolution of accreciation ucon the retirement of Dr. Deanna W. Gordon. Roanoke County School Sucerintendent. R-112399-1 Chairman Johnson presented Dr. Gordon with the resolution, a gift certificate, and a Roanoke County quilt. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 112399-1 OF APPRECIATION UPON THE RETIREMENT OF DR. DEANNA W. GORDON, ROANOKE COUNTY SCHOOL SUPERINTENDENT WHEREAS, Deanna W. Gordon began her career in public education in 1960 as a classroom teacher in the Roanoke County School System at Andrew Lewis High School and Herman L. Horn Elementary School; and WHEREAS, Dr. Gordon has served in various capacities in the school system, including Assistant Principal, Instructional Supervisor, Director of Elementary Education and Assistant Superintendent; and WHEREAS, in 1994, Dr. Gordon was named as the first female Superintendent of the Roanoke County School System, and has served with distinction in ~. November 23, 1999 697 that role until announcing her retirement this year; and WHEREAS, Dr. Gordon has also been active in professional associations, community and civic organizations, including the Virginia Association of School Superintendents, the Central Fidelity Bank Community Advisory Board, the Arts Council of the Blue Ridge, the United Way of the Roanoke Valley and Thrasher Memorial United Methodist Church; and WHEREAS, Dr. Gordon has also received numerous honors and awards including the Roanoke College Medal, the Distinguished Woman Alumnus Award from Virginia Tech, Educator of the Year from the Roanoke Valley Chapter of Phi Delta Kappa, the Distinguished Service Award from the Roanoke County Council of PTA's and the Woman of Distinction Award from the Skyline Girl Scout Council; and WHEREAS, Deanna Gordon has played a vital and integral part in making the school system an outstanding example of excellence in education, and will be remembered by generations of students and their parents for her teaching, her guidance and her example. NOW, THEREFORE be it resolved, that the Roanoke County Board of Supervisors, on its own behalf, and on behalf of the children of Roanoke County, does hereby extend its deepest appreciation to DEANNA W. GORDON for her leadership and guidance of the Roanoke County School System, for her service to the citizens of the County, and for her continued emphasis, through her own example, of the importance of education; and BE IT FURTHER REVOLVED, that the Roanoke County Board of Supervisors extends its best wishes to Dr. Gordon for a happy, productive and healthy retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: BRIEFINGS 1.. BriefinQ on Fort Lewis Mountain Forest Fire. (Rick Burch. Chief of Fire & Rescue) Chief Burch advised that the fire on Fort Lewis Mountain started on Monday around 9:15 a.m. and was contained by 9:00 a.m. on Thursday. It consumed 1,349 acres, used 3,840 County and volunteer manhours, 7,520 total manhours, and was fought with over 27 different apparatus. He expressed appreciation to Richard Miles, from the Virginia Department of Forestry who served as Chief Fire Warden; to Roanoke City and City of ~ 698 November 23, 1999 Salem rlre uepartments Tor tnelr aSSiStance In provldillY ~UV"" aY'" wl,;I", II,,,, Cuullty departments were occupied; to the other firefighters from outside the County who provide assistance; to the media for their coverage; and to the many citizens, businesses and organizations for their help in many different ways. He advised that they were thankful to report that no lives or homes were lost to the fire. Chairman Johnson expressed the Board's appreciation to everyone involved, and Supervisor Harrison expressed the appreciation ofthe citizens in the Catawba District. Mr. Miles advised that even though the fire is controlled and contained, there are still some areas of smoke that need watching. He advised that the command center unified the efforts of Roanoke County and the Virginia Department of Transportation, and they worked well together. - INRE: NEW BUSINESS 1.. Reauest from Schools for accrocriation of $53.300 Technoloav Literacv Challenae Grant for trainina. (Dr. Gordon. School Sucerintendent. Presented bv Dr. Jane James) A-112399-2 Dr. James advised that Roanoke County Schools have received funding for $53,300 for 1999 under the Technology Literacy Challenge subgrant to be used for in service training, hardware and software to stimulate programs on technology. This grant was unanticipated, and this amount needs to be appropriated to the School grant fund. Supervisor Minnix moved to approve the grant and appropriation. The motion ~ November 23, 1999 699 - carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Reauest for accroval of crocosal from United Way of Roanoke Valley to assist in budaet distribution to Human Services Agencies. (John Chambliss. Assistant Administrator) A-112399-3 Mr. Chambliss advised that a work session was held with the Board on October 26 to discussed the proposal from the United Way. Last year, the Board received funding requests from 29 Human Service agencies totaling $224,564 of which 18 were funded for $87,410. United Way is working with Roanoke City and has developed a Roanoke City/Consolidated Human Services Funding Application. Of the 18 Human Services agencies funded by the County this year, all had completed the consolidated application form. Roanoke City still determines the final allocation to be provided each agency, but for Roanoke County, the Resource Distribution Cabinet of the United Way would review the applications and recommend the funds based on the factors in the scoring process. This proposal does not include requests from the Social Agencies (Blue Ridge Community Services, TAP), the cultural enrichment and tourism agencies, or organizations that receive funds on a dues or per capita basis. United Way proposes to absorb the cost for this service for the first year and to determine the administrative fee, if any, required for the future. An advantage of this proposal is that by reviewing these requests on a ~ 700 November 23,1999 commUnity wide basis, IL call be deLerrllÍlæd if II,,,, ay",,,Gies ale addressing the needg or the community and measure the success or impact of their efforts. Another advantage would be to reduce the number of speakers and requests heard during the budget process by the Board. He requested that the Board approve the proposal of the United Way of Roanoke Valley to serve as the clearinghouse for the Human Service agency requests in the budget process for fiscal year 2000-2001. Supervisors Nickens, Johnson and Minnix expressed their view that if United Way determines an administrative fee might be necessary, the matter should come back to the Board for allocation. Supervisor Nickens also advised that at the appropriate time, he would like a survey of agencies funded to see what they think of the process. Supervisor Nickens moved to approve the proposal. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Nickens, Johnson NAYS: Supervisor Minnix 3. Reauest to enter into a contract to accect $50,000 grant from Fifth District Reaional Alliance to assist with Blue Ridae Parkwav Orientation/lntercretation Center. (Jovce Wauah. Assistant Director. Economic Develocment) A-112399-4 Ms. Waugh advised that this is the second grant that Roanoke County has received from the Fifth District Regional Alliance and is for the infrastructure construction ~. November 23,1999 701 of the Blue Ridge Parkway Interpretive Center. The grant received in January, 1999, was to assist in designing and creating construction documents for the Interpretive Center. To obtain the $50,000 grant, the County must enter into a contract with the Fifth Planning District Regional Alliance, be responsible for the appropriate expenditure of the funds, and provide quarterly reports to the Alliance. Construction costs are estimated at $1.9 million. She requested that the Board accept the $500,000 and authorize the County Administrator to enter into the contract. Supervisor Nickens moved to approve the contract. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Resolution adoctina a Leaislative Proaram for the 2000 Session of the General Assembly. (Paul Mahonev. County Attornev) R-112399-5 Mr. Mahoney advised that the legislative program has grown over the past years, and reviewed the changes and additions to this year's program. Supervisors Johnson, Minnix and Harrison all advised that they would like to send all of the requests in the legislative program as proposed by Mr. Mahoney and developed over the past two years because they believe this would be the best way to cover all of their concerns. Supervisors McNamara and Nickens advised that they think the best approach would be ~ 702 November 23,1999 to focus on Just several speclTlc Items In the progralll. Th""", We" "v,,,'" di"Gu""iulI ur ti,e items in the program, and the Board agreed that Mr. Mahoney would invite the Roanoke Valley legislators to attend a meeting on January 3, 2000 at 9:30 a.m. Supervisor Nickens moved to adopt the resolution as presented. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisor McNamara, Nickens RESOLUTION 112399-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2000 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2000 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2000 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2000 session of the Virginia General Assembly for its favorable consideration and adoption. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) 1) The Constitution ofthe Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. 3) Local school divisions should be authorized to establish opening dates for school. 4) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort · ---., November 23, 1999 703 in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Transportation and Hiahwav Safetv. 1) Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Roanoke County requests additional and immediate funding for improvements to U.S. Route 11/460 west of Salem, Interstate 81 and Interstate 73. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. 2) Roanoke County is in support of Roanoke City's support of expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. C. Public Safetv. 1) Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriffs offices. 2) Roanoke County requests that Section 46.2-1001 be amended to add Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized to perform vehicle safety inspections. 3) Roanoke County requests that Section 46.2-882 be amended to add Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized to use laser speed detection devices 4) Amend sec. 56-414 to allow counties to regulate the sounding of train whistles at railroad crossings. 5) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. D. Environment. 1) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" ofTitle 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. E. Local Taxation and Fundina. 1) Roanoke County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost sources of local revenue with comparable, equivalent, 704 November 23,1999 Indepelldt:mL ::;uu'~"'::; uf ''''V'''IIU''' Lu ..lIuw IU~dliti",,,, tv fulFill tI,eir publiC; serldC;e. obligations. 2) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. 3) Roanoke County requests funding for the Blue Ridge Parkway Interpretive Center, and capital construction funding for the Explore Park Education Center. 4) Roanoke County supports authority to impose an additional one-half percent (Y:.%) local option sales tax. 5) Roanoke County supports increased capital construction funding for regional juvenile detention facilities, and that such facilities receive at least 50% of their operating costs from the Commonwealth. 6) Roanoke County supports legislation amending Section 14.1- 46.0: 1 to increase the salary supplement for the Chairman ofthe Board of Supervisors from $1,800 to $2,500 per year. II. That the Clerk to the Board of Supervisors is directed to send a certified copy ofthis resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate C. Richard Cranwell, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth Planning District Commission, and the Virginia Association of Counties. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisors McNamara, Nickens 2.... Recort concerning the acclication of roll-back taxes on secarated or sclit-off real estate in the land use value assessment croaram. (Paul Mahonev. County Attorney) Supervisor Johnson advised that this item was being brought forward at his request because a citizen had questioned the change that was recently made in the County's interpretation and calculation of the roll-back taxes. This change was approved by the Board in August at the request of the County Assessor and County Attorney due to recent changes by the General Assembly and an interpretation of a court case. There was ~. November 23,1999 70S - discussion of the method that the County previously handled the roll-back, the changes that were made to the method, and the Land Use Program. Supervisor Johnson felt that the letter notifying the participants in the Land Use Program of the change was inadequate. Supervisor Nickens advised that the County is one of three counties interpreting the law in this manner. He suggested that a work session be held and that Tom Morelli or someone from the State Department ofTaxation be invited to attend the work session and provide clarification of the issue. After discussion, it was the consensus of the Board to have a work session at the December 7, 1999 meeting, and Chairman Johnson requested that staff provide the Board with information about how other counties are interpreting the law. h Reauest for amendment to ceñormance aareement to excand Advance Stores headauarters oceration. (Jovce Waugh. Economic Develocment Assistant Director) Ms. Waugh advised that on September 14, 1999, the Board approved an economic development performance agreement to expand Advance Stores headquarters operation. The Board appropriated $641,500 to fund the County's incentives under this agreement for road and traffic signal improvements to Airport Road, site work and detailed engineering for a Community Development Block Grant for Boxley Hills drainage improvements. Staff has learned that there is the opportunity of attracting additional investment and in this event, Advance Auto has asked for a reimbursement of taxes generated within the tax calculation period, as documented and substantiated by 706 November 23,1999 sucmlsslon 01 the applicable company accou11 Ls alld v",, ifi",J e"d C1I-'I-" uv",J \"'1 LI,e OJ, ",.:.10, of Finance, subject to future appropriations of such amount by the Board of Supervisors. She requested that the Board approve an amendment to the September 14,1999 Board action, authorizing the County Administrator to include language in the performance agreement regarding reimbursement of additional project related tax revenue above the $641,500 appropriated for this project, subject to future appropriations by the Board. After some discussion, it was the consensus of the Board to add this item to the Closed Meeting pursuant to Section 2.1-344 A (6) to discuss the investing of public funds where bargaining is involved. 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 December 21, 1999. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 1.. First readina of ordinance to obtain a Scecial Use Permit to construct a reliqious assemblv and dav care facilitv. located at 5188 Stable Road. Cave Scrina Magisterial District. ucon the cetition of Evanael Foursauare Church. 2. First readina of ordinance to amend conditions on a Planned Residential Develocment consistina of 302 acres. located north and south of the Blue Ridae Parkwav at milecost 125. Cave Scrina Maaisterial District. ucon the cetition of Boone. Boone & Loeb Inc. ~ November 23,1999 707 IN RE: SECOND READING OF ORDINANCES 1.. Second readina of ordinance authorizina auitclaim and release of Roanoke County's interest in real estate alona the north side of Route 933 (Singing Hills Road), (Paul Mahonev. County Attornev) 0-112399-6 Mr. Mahoney advised that there has been no change since the first reading of the ordinance. There was no discussion. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 112399-6 AUTHORIZING QUITCLAIM AND RELEASE OF ROANOKE COUNTY'S INTEREST IN REAL ESTATE ALONG THE NORTH SIDE OF ROUTE 933 (SINGING HILLS ROAD) WHEREAS, the County of Roanoke has been requested to quitclaim and release any right, title, interest and claim to certain property lying on the north side of Virginia Route 933 (Singing Hills Road) in order to clear up a title problem for certain property owners along Singing Hills Road; and WHEREAS, it will serve the interests of the public to have this matter resolved and the quitclaim and release will not interfere with other public services and is acceptable to the Roanoke County Department of Community Development. 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 November 9,1999; and a second 708 November 23,1999 k - reading was held on November £3, 1 ¡,¡¡,¡¡,¡. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, i.e. property lying on the north side of Virginia Route 933 (Singing Hills Road) as shown on a map (copy attached) dated June 7,1999, prepared by Douglas R. Meredith, Jr. is hereby declared to be surplus and the nature ofthe interest in real estate renders it unavailable for other public uses; and 3. That quitclaim and release of this real estate shown on the aforesaid plat is hereby authorized; and 4. That the 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. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix 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 dedication of 0.061 acre of land for cublic right-of-wav on Dauahertv Road (VA Sec. Route 643) for road imcrovements at its intersection with U. S. Route 11/460. (Arnold Covev. Director of Community Develocment) 0-112399-7 Mr. Covey advised that there has been no change since the first reading of the ordinance. There was no discussion. 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 112399-7 AUTHORIZING DEDICATION OF 0.061 ACRE OF LAND FOR PUBLIC RIGHT-OF-WAY ON DAUGHERTY ROAD (VA. SEC. RTE. 643) FOR ROAD IMPROVEMENTS AT ITS INTERSECTION WITH --.. November 23,1999 709 U.S. ROUTE 11/460 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land located at the intersection of Daugherty Road (Va. Sec. Rte. 643) and U. S. Route 11/460, said property having been acquired by deed dated June 16,1906, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 36, page 548, and being identified on the Roanoke County Land Records as Tax Map No. 55.13-01-02.2; and, WHEREAS, plans have been submitted for the improvement of the intersection to address increasing traffic in this area and to provide for the health, safety and welfare of the citizens of Roanoke County; and, WHEREAS, said plans require the dedication by the County of 0.061 acre of land along Daugherty Road for road improvements; and, WHEREAS, it is in the interest of the public to dedicate the necessary land for such improvements. NOW, 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 November 9,1999; and a second reading was held on November 23, 1999. 2. That the County Administrator, or an Assistant County Administrator, is hereby authorized to dedicate, by deed or plat, 0.061 acre of land for road right-of-way in connection with improvements at the intersection of Daugherty Road and U. S. Route 11/460, as shown on Exhibit A attached hereto. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such other documents and take such other actions as may be necessary to accomplish the purposes stated herein, all of which shall be on form approved 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 INRE: APPOINTMENTS 1.. Librarv Board Supervisor Minnix nominated Josie Eyer to serve another three year term which will expire on December 31,2003. ~ 710 November 23,1999 2. Kóanoke county t"lannma \,;ommlsslòn -= Supervisor Minnix nominated Don Witt to serve another four year term which will expire on December 31, 2003. IN RE: CONSENT AGENDA R-112399-8 Supervisor Minnix moved to adopt the Consent Resolution with a change in Item 1 (Debbie Pitts appointed to Disability Service Board instead of John M. Chambliss). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 112399-8 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 November 23, 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 Item 1 through 4, as follows: a. Confirmation of Committee appointments to Disability Services Board and Roanoke County Resource Authority. b. Request for acceptance of sanitary sewer facilities serving Orchard Park, Section 3. c. Acceptance of $5,800 donation from the Friends of the Library and appropriation of funds to the Public Library budget. d. Acceptance of water and sanitary sewer facilities serving Summerfield, Section 6. ~. November 23,1999 711 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 Minnix to adopt the Consent Resolution with change in Item #1 (confirming appointment of Debbie Pitts to the Disability Services Board instead of John Chambliss), and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1.. General Fund Unaccrocriated Balance 2. Cacital Fund Unaccrocriated Balance 3. Board Continaencv Fund 4. Future School Cacital Reserve 5. Chanoes to Secondary Svstem of State Highways as of October. 1999 6. Accounts Paid - October 1999 7. Additional information from FY 1998-1999 Decartmental Rollover reauests for Sheriff's Office and Police Decartment. A-112399-9 Supervisor Nickens moved to approve Item 7 which was to re-appropriate $40,646 from the Capital Fund Unappropriated Balance to the Sheriffs Office ($37,151) and Police Department $3,495. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson ~.. 712 November 23,1999 PJ,'\y8: 1'lgn~ - IN RE: CLOSED MEETING At 4:50 p.m., Supervisor Johnson moved to go into Closed Meeting following the work session pursuant to Code of Virginia Section 2.1-344 A (3) to discuss disposition of publicly held real estate; Section 2.1-344 A (7) to discuss actual litigation, Board of Supervisors vs. General Electric, et al; Section 2.1-344 A (7) to discuss probable litigation, Smith vs. County of Roanoke; Section 2.1-344 A (3) acquisition of real estate for public use, lots in Stonebridge Subdivision; and Section 2.1-344 A (6) to discuss the investing of public funds where bargaining is involved, Advance Stores Performance Agreement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: WORK SESSIONS 1.. Work Session to discuss crocosed Cluster Housing Amendments to the Zonina Ordinance. (Terrv Harrinaton. County Planner) The work session was held from 5:00 p.m. until 5:45 p.m. It was presented by Terry Harrington and Janet Scheid. David Radford and Joe Miller, representing the Roanoke Regional Homebuilders Association, were also present. Mr. Harrington reported on several changes which were made in the ordinance at the request of the Homebuilders ~. November 23, 1999 713 Association concerning water and sewer standards, and standards for dedication and accessibility of open space. No changes were made to the private street standards, nor to the allowable housing densities. During discussion, the Board members expressed again their concerns about the zoning being by-right, the density, and the private roads. It was the consensus of the Board to continue the public hearing which is scheduled for the evening session and refer the item back to the Planning Commission for further review. 2. Work Session on the marketina clan for the Center for Research and Technoloav. (Tim Gubala and Melinda Cox. Economic Develocment Decartment. Phil Scarks and Ann Piedmont. Roanoke Valley Economic Develocment Partnershic) The work session was held from 5:45 p.m. until 6:15 p.m, and presentations were made by Mr. Hodge, Mr. Gubala, Ms. Cox, Mr. Sparks, and Ms. Piedmont. Mr. Gubala advised that the project has moved into the construction phase with the water line extension to be completed by next month; the sewer line plans are with VDOT for review; and the road plans are being prepared and expect to be completed by June, 2000. The next step is to market this project, and he introduced Mr. Sparks, Executive Director of the Roanoke Valley Economic Development Partnership and Ms. Piedmont, Director of Research and Communications for the Partnership, who have worked with the County's staff on the marketing plan. Ms. Piedmont advised that the goal is to create awareness as an upscale business location for technology-based companies, and gave a power point presentation on the four-phase marketing plan. Ms. Cox explained the format of the 714 November 23,1999 LIU,-",llu,,:; IlIuGk-up and ga'y'e;, aut C6p1C3. ~AC GISO dlgfJ ~Y~fd ð1 ";#11'-1";\'1 ¡IIg t~lf .""" ~..J. ...... ..... ~ road by Carol Rizzio of the County's Community Development Department. Ms. Piedmont showed a video that Botetourt County made for their Greenfield project as an example of what type video could be done for Roanoke County's CRT. Ms. Piedmont advised that prior to starting work on any ofthe items included in the marketing plan, the Partnership will give a specific cost estimate and stay within that estimate. She also advised that for location specific marketing, the Partnership does charge an hourly fee based on services. INRE: CERTIFICATION RESOLUTION R-112399-10 At 7:03 p.m., Supervisor Johnson announced that the Closed Meeting was held from 6:20 p.m. until 7:00 p.m., and moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 112399-10 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting " ....... November 23, 1999 715 reqUirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS 1.. Public hearina and adoction ofthe Secondarv Road Svstem Six- Year Plan for Fiscal Years 2000-2006 and the allocation of funds for Fiscal Year 2000-2001. (Arnold Covev. Community Develocment Director) R-112399-11 Mr. Covey advised that the plan was presented in a work session on October 26, 1999, and at that time, staff explained the evaluation process for inclusion of projects, reviewed the estimated funding for the next five years and the distribution of this year's allocation ($3.6 million) among the two funding categories. The allocation for Countywide items is $260,000 with $180,000 allocated to the Rural Addition Program. No funds for incidental construction items are included since these are addressed in the Revenue Sharing Program for 2000-2001. The allocation for numbered projects is approximately $3.16 million. Wood haven Road and Ferndale Bridge have been completed or have sufficient funds to be completed and no longer appear on the six year plan. Priorities 1 through 12 are scheduled to receive funding this year. They are Hollins Road, McVitty 716 November 23,1999 Koaa, Old Gav~ ßprillY Lctllt::, Culullidl AVt:OIIUé, Cotton ¡Iill nee.d, Mø1:JFnalA VI8\": Þ\9~{¿J -- Boones Chapel Road, Hardy Road, Catawba Creek Road, Forest Road, Glenmary Drive and Dry Hollow Branch Road. The only project that was added to the Six Year Road Plan was Glenmary Drive due to the proposed Center for Research and Technology Park. He requested that the Board conduct the public hearing and adopt the resolution approving the six year plan for fiscal years 2001-2006 and allocation of funds for fiscal years 2000- 2001. There were no citizens present to speak on this item. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 112399-11 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 2000-2006 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 2000-2001. WHEREAS, a public hearing was held on November 23, 1999 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 2000-2006; and the adoption of the Funding for Fiscal Year 2000-2001; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2000-2006 and allocations for Fiscal Year 2000-2001 as set out on the attached Secondary System Construction Program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Second Road System Six Year Construction Plan for Roanoke County for Fiscal Year 2000-2006 by the Clerk to the Board. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ November 23, 1999 717 2. Consideration of croiects for Fiscal Year 2000-2001 Virainia Decartment ofTranscortation Revenue Sharinc Procram. (Arnold Covev. Community Develooment Director) A-112399-12 Mr. Covey advised that the Virginia Department of Transportation annually provides localities the opportunity to receive state matching funds for the construction, maintenance and improvement to primary and secondary roads. The Commonwealth of Virginia provides $15 million for the matching program and limits localities to $500,000 each. The Revenue Sharing Priority List was presented to the Board at a work session on October 26,1999. As a result of the work session, staff has adjusted the revenue sharing list to include Bent Mountain Road and Pleasant Hill Drive for the proposed access to the new South County High School. The Roanoke County Schools sent the County a letter of appreciation and support for the road improvements, and advised that they have acted to designate $200,000 from their $30 million budget as their local share of the match. This reduces the overall amount that can be allocated to Countywide items from $500,000 to $300,000. The projects that are deferred as a result of the school project will be eligible for supplemental funding this spring and summer and will be included into the FY 2001- 2002 revenue sharing program. If VDOT's allocation is reduced, it is understood that the County's share of the funds will be reduced proportionally. He requested that the Board adopt the Revenue Sharing Program as amended at the October 26, 1999 work session. There were no citizens present to speak on this item. ~..... 718 November 23, 1999 5uµ~lvi::)ul Ml,;r~dllldld IIIUVt:U Lu ddopt tl"h! re8ðlutíeR. TAD mOIIOR earrlGa ÐY the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: Supervisor Nickens INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1.. Second readina of ordinance amendina and readoctina the Zonina Ordinance bv the addition of standards forthe desian and develocment of Cluster Housina. (Terrv Harrinaton. County Planner) (CONTINUED FROM OCTOBER 26.1999) Chairman Johnson announced that the public hearing was being continued, and the ordinance was being referred back to the Planning Commission. There was no objection to this continuance. 2. Second readina of ordinance to obtain a Scecial Use Permit for a crivate stable. located at 501 Texas Hollow Road. Catawba Magisterial District. ucon the cetition of Jeffrev Shawver. (Terrv Harrinaton. County Planner) R-112399-13 Mr. Harrington advised that is a petition for a special use permit for a private stable on an approximately 8 acre tract of land on Texas Hollow Road. The Planning Commission recommended approval of the petition with four recommended conditions ~ November 23, 1999 719 - which he explained. :Supervisor Harrison advised that the stables exist now, and this does not give permission to the petitioner to have a commercial stable. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson ORDINANCE 112399-13 GRANTING A SPECIAL USE PERMIT TO JEFFREY SHAWVER FOR A PRIVATE STABLE TO BE LOCATED AT 501 TEXAS HOLLOW ROAD (TAX MAP NO. 44.04-2-47.1), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Jeffrey Shawver has filed a petition for a special use permit for a private stable to be located at 501 Texas Hollow Road (Tax Map No. 44.04-2-47.1) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 2, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 1999; the second reading and public hearing on this matter was held on November 23, 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 Jeffrey Shawver for a private stable to be located at 501 Texas Hollow Road (Tax Map No. 44.04-2-47.1) in the Catawba 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) Removal of existing trees shall be minimized. (2) A maximum of three horses shall be allowed. (3) The area for containment of the animals shall be fenced on all sides. (4) All animal-grazing areas shall have sufficient ground cover to minimize storm water runoff and erosion, and shall not be denuded. 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 720 November 23,1999 Uldillè:1II\.it: ut::, dlld tilt:; 6ðlllé Ileleby are, rcf'calca. I AD ZQR1R8 .^.rJIIIHm.llilL" I~ YII",ó:{~11 to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson ¡-- INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Sucervisor McNamara: (1) He advised that he thought that the Student Government Day held earlier today was well done and very successful. (2) He advised that the Commonwealth Transportation Board on November 18, 1999 awarded a contract to Allegheny Construction Company for the traffic light at Hidden Valley Junior High School. (3) He asked for the status of a complaint that he sent to Arnold Covey about a burned out trailer on Meadow Creek Subdivision. Sucervisor Minnix: (1) He advised that he toured Clearbrook Elementary school with Mr. Howard Sinclair and Principal Flippin and thanked Mr. Sinclair for his substantial contribution to the school fund. (2) He advised that he had been asked to relay the request of residents to build on a private road and that they would sign a document that the road would remain private. There was no consensus from the Board to go forward with the request. (3) He advised that he had been requested by citizens to reinstate the leaf vacuuming system in the County on a fee basis and stated that he would discuss this individually with the Board members at a later time. (4) He advised that he picked up 31 overturned trash cans on two streets in the Penn Forest subdivision and questioned whether the staff is going too fast when picking up garbage. Mr. Hodge advised that he ~ November 23,1999 721 - would look Into the matter. (5) He asked Terry Harrington about the construction trailer that is still parked at Sunscape complex. Mr. Harrington advised that construction there is not complete and the trailer is still being used. It will be removed at a later time. (6) He advised that the Cave Spring Junior High School web site was judged one of "best bets" in USA Today; that only 150 schools in the U.S. receive this honor; and that Ms. Parks heads the program. Sucervisor Johnson: (1) He asked Mr. Harrington to check into why the sign at Color Tile on Route 419 has not been removed since the building is gone. (2) He advised that he felt the Student Government Day was very successful, and expressed appreciation to everyone concerned, especially David Wymer. He advised that the tape of that meeting can be viewed again on Channel 3, Thursday at 7. (2) He expressed the sympathies of the Board members to Clerk Mary Allen and her family upon the recent death of her husband. (3) He advised that he wrote a condolence letter to Mrs. Taylor upon the death of former City of Roanoke Mayor Noel Taylor. IN RE: CLOSED MEETING At 7:25 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (3) to discuss disposition of publicly held real estate; Section 2.1-344 A (7) to discuss probable litigation, Smith vs. County of Roanoke; and Section 2.1-344 A (6) to discuss the investing of public funds where bargaining is involved, Advance Stores Performance Agreement. The motion carried by the following recorded vote: 722 November 23,1999 AyES: 5U(J~IVbul:) MlJ4ë::1l1ldld, Mil II liA., HClII;~UII, r4iGken8, JenF\36F\ 1- . NAYS: None INRE: CERTIFICATION RESOLUTION R·112399·14 Supervisor Nickens announced that the Closed Meeting was held from 7:25 pm. until 8:09 p.m., and moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 112399-14 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ , November 23,1999 723 -----! IN RE: ADJOURNMENT At 8:10 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ~... Chairman ~C) ~*'- Brenda J. Ifolton, CMC Deputy Clerk to the Board -,- 724 November 23,1999 I This page left blank intentionally.