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7/28/1998 - Regular ~ July 28, 1998 507 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 28, 1998 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 July, 1998. NRE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, (Arrived 3:06 p.m.), 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; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Assistant Administrator. The Pledge of Allegiance was recited by all present. 508 July 28, 1998 IN RE: .- REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added an item to the Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) disposition of publicly owned real estate, well lot on Brambleton Avenue. INRE: R-072898-1 PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Resolution of appreciation to career and volunteer firefighters of the Roanoke County Fire & Rescue Department for Drovidina assistance to the citizens of Bay County. Florida. Chief of Fire & Rescue Rick Burch explained that the state of Florida was plagued by fires during June and July, 1998, and that assistance was provided by many other states. Seven Roanoke County firefighters went to Bay County, Florida, and he expressed pride in their conduct and service while there. Chairman Johnson presented resolutions to Captain Daryell Sexton, Lennie Atwood, Tim Solomon, Craig Robertson, Scott Morgan, Dean Peroulas and Alex Murillo. Captain Sexton thanked the Board for their support, and he and the other firefighters presented disaster shirts from Florida to the Board members and Mr. Hodge. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson July 28,1998 509 - NAYS: None RESOLUTION 072898-1 OF APPRECIATION TO CAREER AND VOLUNTEER FIREFIGHTERS OF THE ROANOKE COUNTY FIRE & RESCUE DEPARTMENT FOR PROVIDING ASSISTANCE TO THE CITIZENS OF BAY COUNTY, FLORIDA WHEREAS, forest and brush fires caused millions of dollars of damage to property in the state of Florida during the months of June and July, 1998; and WHEREAS, due to the extended period during which these fires raged, local fire crews became exhausted and in need of assistance from personnel from other states; and WHEREAS, the Roanoke County Fire & Rescue Department answered this call for assistance, and sent a crew of four career and three volunteer firefighters to Bay County, Florida, along with equipment and apparatus; and WHEREAS, this crew, consisting of Captain Daryell Sexton, Lennie Atwood, Tim Solomon, Craig Robertson, Scott Morgan, Dean Peroulas and Alex Murillo, all of whom are certified by the U.S. Forestry Service, contained fully a complex fire, and helped prevent any damage to people or property in Bay County; and WHEREAS, the Roanoke County firefighters faced several dangers in fighting the fire, including dehydration, heat stroke, and the flames themselves. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere appreciation to DARYELL SEXTON, LENNIE ATWOOD, TIM SOLOMON, CRAIG ROBERTSON, SCOTT MORGAN, DEAN PEROULAS AND ALEX MURILLO for their professional, compassionate and exemplary response and assistance to the citizens of Bay County, Florida; and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby commend the members of the team for the time, energy and knowledge which they used in successfully containing the fire. 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:. NEW BUSINESS 1... Request for an aDDropriation of $1.115.300 as the second payment with interest for the purchase of 457 acres for the Roanoke County Center for Research and Technologv (formerly 510 July 28, 1998 ,- the Glenn-Mary Farm). (Melinda Cox. Economic Development SpecialisU A-072898-2 Ms. Cox asked that the Board appropriate $1,000,000 with $115,200 interest from the General Fund Unappropriated Balance for the second of three payments for the acquisition of the Glenn-Mary Farm. Supervisor Harrison moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens asked that the report listing the General Fund Unappropriated Balance be revised to reflect the second payment with interest, and to show the true cost of the acquisition. 2. Reauest for approval of resolution approvina issuance of up to $7.500.000 of industrial revenue bonds for the benefit of Friendship Manor Apartment Villaae Corporation. ITim Gubala, Director. Economic DeveloDment) R-072898-3 Mr. Gubala advised that the Industrial Development Authority reviewed this request and approved it by resolution. He is now requesting approval of the Board of July 28,1998 511 - Supervisors. The proposal has three phases: (1) building of 48 independent living units; (2) refinancing of Williamson Road property; and (3) funding of reserves. Friendship Manor Apartment Village Corporation has had an agreement with the County since 1987 to pay a service fee in lieu of taxes on real property. The taxable value of this project is $3.6 million and it will generate $8,136 in service fees. Currently Friendship Manor which is wholly taxed pays taxes of $88,899 and Friendship Manor Apartment Village Corporation pays $34,788 in service fees. Steve Rice, Executive Director for Friendship Manor, responded to questions and explained that the project does not involve an acquisition of property but building of the 48 independent living units on property they already own. In response to an inquiry from Supervisor Johnson, Mr. Gubala advised that the interest rate is 5-1/2 percent. Supervisor Johnson suggested that the Board consider putting a surcharge on IDA funding such as Yo of 1 % similar to what Montgomery County does. Mr. Gubala advised that he conducted a survey and quite a few counties impose a surcharge or fee. There was no consensus from the Board to move forward with this suggestion. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072898-3 APPROVING REQUEST OF $7,500,000 OF INDUSTRIAL REVENUE BONDS FOR FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR THE RESIDENCE AND CARE OF THE AGED 512 July 28,1998 - WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the application of Friendship Manor Apartment Village Corporation (the "Borrower") an organization that is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, whose address is 327 Hershberger Road, NW, Roanoke, Virginia 24012, requesting that the Authority issue up to $7,500,000 of its revenue bonds at one time or from time to time to assist the Borrower in the financing or refinancing of one or more of the following projects, located as indicated below in Roanoke County, Virginia: (1) the acquisition, construction and equipping of a facility for the residence and care of the aged, consisting of 48 independent living units and related health care facilities located on the campus at 327 Hershberger Road, NW and related capital expenditures to be determined from time to time; (2) the acquisition, construction and equipping of a facility for the residence and care of the aged, consisting of 191 assisted living units and 41 independent living units and related healthcare facilities located on the campus at 6910 Williamson Road and related capital expenditures to be determined from time to time, and (3) the funding of certain reserve funds, capitalized interest accounts and costs of issuance as may be necessary to the proposed issuance of the bonds. WHEREAS, the Authority has held a public hearing on the Borrower's application on July 15, 1998. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. WHEREAS, the Authority issues its bonds on behalf of Roanoke County, Virginia ("County"), the facilities to be financed are located in the County and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds. WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1 . The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4907 of the Code of Virginia of 1950, as amended, to permit the Authority to assist the Borrower in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. Pursuant to the limitations contained in Temporary Income Tax July 28,1998 513 Regulations Section 5f.1 03-2(f), this resolution shall remain in effect for a period of three years from the date of its adoption. 4. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Request for appropriation of $95.000 for a caDital imDrovement proiect - Algoma Park water line reDlacement. (Garv Robertson. Director. Utility) A-072898-4 Mr. Robertson advised that the Utility Department submitted a five year Capital Improvement Program in 1996, and that the Algoma Park Water Lien Project is tentatively listed in the plan following the year 2000. Staff has learned that the Algoma Park subdivision streets are on the list of streets to be paved in Roanoke County during 1998. The Virginia Department of Transportation has agreed to delay resurfacing these streets until the summer of 1999 in order for the County to replace these water lines. He asked that $95,000 be allocated for this project from the Utility Department Water Unappropriated Fund. Supervisor Minnix moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 514 July 28, 1998 - INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for August 18, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1... An ordinance authorizing a SDecial Use Permit to allow an accessorY apartment in a R-1. single familv. zoning district located at 1714 Millbridge Road. Catawba Magisterial District. upon the petition of Robert and Elaine Lewis. 2. An ordinance to rezone 3.830 acres from C-1 to C-2 to construct an office/retail development. located on the east side of Route 419 across from intersection of Locke Street. Catawba Magisterial District. upon the Detition of North Roanoke Development Corp. 3. An ordinance authorizing a SDecial Use Permit to operate a used automobile dealership. located at 5423 Williamson Road. Hollins Magisterial District. upon the Detition of The Hertz Corp. 4. An ordinance to rezone 5.4 acres from 1·2 and 1-1 and obtain a Special Use Permit to construct a mini-warehouse. located in the 5800 block of Starkey Road. Cave Spring Magisterial District. upon the Detition of Virainia Varsity Transfer. Inc. 5. An ordinance to rezone aDDroximately 20 acres from R-1. R-2 and C-2 conditional to C-2. General commercial. for the purDose of general retail and service uses. located in the vicinity of Brambleton Avenue IRoute 221) and Electric Road (Route 419). Cave Spring Magisterial District. upon the Detition of Roanoke Countv Board of SUDervisors. July 28,1998 515 IN RE: FIRST READING OF ORDINANCES .1.. First readin9 of ordinance creating the Virainia Headwaters Regional Industrial Facility Authority. (Paul Mahonev. County Attomev} Mr. Mahoney advised that the legislation authorizing the creation of the Virginia Headwaters Regional Industrial Facility Authority (Authority) was adopted by the 1997 General Assembly. The original concept was to create an authority to establish the New River Valley Commerce Park near Dublin, Virginia. The concept was broadened to create an authority able to undertake numerous projects to support economic development throughout the region which is within the boundaries of Planning Districts 4 and 5, and a variety of localities falling within certain population brackets. Mr. David Rundgren, Executive Director of the New River Planning District Commission, has forwarded to the County and other localities a draft ordinance and agreement to create the Authority. Mr. Mahoney expressed his reservations about the long term fiscal impact but felt that the Authority could be beneficial. He suggested that before the second reading of the ordinance, several changes should be made to the ordinance concerning the right of a locality to withdraw, and their financial responsibility if they do withdraw. He and some of the other state officials are discussing the possibility of amending the draft agreement to limit the expenses of a locality to $5,000 per year. Supervisor Nickens advised that the Town of Vinton was not included in the ordinance and asked that they be contacted. Supervisor Johnson moved to approve the first reading and set the second 516 July 28,1998 reading and public hearing for August 18, 1998. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None INRE: SECOND READING OF ORDINANCES 1... Second readinQ of an ordinance authorizing the creation of and financinQ for a local DubUc works imDrovement proiect . Orander Drive and Gieser Road Sewer Proiect. (Gary Robertson. Utility Director) 0-072898-5 Mr. Robertson explained that since the first reading of the ordinance, there have been significant changes in the alternatives to pay for the construction costs. At the first reading, the alternative suggested was that the initial participants would pay a total cost of $3,321 and later participants would pay $4,071. At that time, the Board discussed the lack of incentives for more people to participate in the future. Staff has added two alternatives: (1) Alternative #2 states that the initial participants would pay $3,321 and future participants would pay an increase of 5% each year to year ten at $5,688; and (2) Alternative #3 states that initial participants would pay $3,321 and future participants after September 30, 1998 would pay a one time 25% increase or $4,714. He recommended Alternative #3 because it would be easier method to communicate to citizens and track in the future. He will notify the citizens of the costs for future participants. July 28, 1998 517 - Supervisor McNamara moved to approve Alternative #3 method of financing and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072898-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, ORANDER DRNE AND GIESER ROAD SANITARY SEWER EXTENSION WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Orander Drive-Gieser Road community; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on July 14, 1998, and the second reading was held July 28, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of the Orander Drive and Gieser Road community. The total construction cost of this public sewer project is estimated to be $50,000.00, to be initially financed as follows: Citizen Participation (8 x $2,571) Advance from Public Works Participation Fund Utility Department Unappropriated Sewer Fund $20,568 $20,568 $ 8,864 That there is hereby appropriated for this project the sum of $20,568 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23,1996). That there is hereby appropriated for this project the sum of $8,864 from the Utility Department Unappropriated Sewer Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Orander Drive-Gieser Road Sanitary Sewer Proiect prepared by the 518 July 28, 1998 - Roanoke County Utility Department, dated July 28, 1998, and identified as Exhibit 1. The Orander Drive-Gieser Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before September 30, 1998, any owner of real estate within this service area electing to participate in and benefit from the public sanitary sewer extension to this service area may do so by paying the sum of $2,571 per connection toward construction costs plus $750, which represents 50% of the current the off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension. (B) After September 30, 1998, any owner of real estate within this service area electing to participate in and benefit from the public sanitary sewer extension to this service area may do so by paying the sum of $3,214 per connection toward construction costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before September 30, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $3,321 per property owner/residential connection ($2,571 for constructions costs plus $750 which is 50% of the current off-site facilities fees) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,321 down and financing the remaining $2,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the eight anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. July 28, 1998 519 = 6. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Johnson advised that there is a situation in North County on Greenway Drive where the Sanitary Sewer Evaluation/Rehabilitation (SSER) Program has found a number of homes with illegal stormwater connections into the sanitary sewer. These illegal connections were built into the homes mostly by the same contractor. Mr. Mahoney advised that this situation is beyond the statue of limitations. Supervisor Johnson advised that he felt citizens should comply with the SSER program but asked that staff contact the contractors and see if they would voluntarily help to bring these situations into compliance. He also asked that staff develop something such as a tax lien to remediate the financial burden on the citizens. 1. Second readina of an ordinance authorizina creation of and financing for a local public works improvement proiect - Setter Road Sewer Proiect. (Gary Robertson. Utility Director) 0-072898-6 Mr. Robertson advised that Alternatives 2 and 3 for the financing have been added to this project with different dollars as discussed in the previous item. Supervisor Johnson moved to approve alternative #3 method of financing and adopt the ordinance. The motion carried by the following recorded vote: 520 July 28,1998 , AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072898-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, SETTER ROAD SANITARY SEWER EXTENSION, HUNTRIDGE SUBDIVISION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Setter Road area of the Huntridge Subdivision; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on July 14, 1998, and the second reading was held July 28, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of the Huntridge Subdivision along Setter Road. The total construction cost of this public sewer project is estimated to be $35,000.00, to be initially financed as follows: Citizen Participation (2 x $4,000) Advance from Public Works Participation Fund Utility Department Unappropriated Sewer Fund $ 8,000 $ 8,000 $19,000 That there is hereby appropriated for this project the sum of $8,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). That there is hereby appropriated for this project the sum of $19,000 from the Utility Department Unappropriated Sewer Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Huntridge Subdivision - Setter Drive - Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated July 28, 1998, and identified July 28, 1998 521 -, - as Exhibit 1. The Huntridge Subdivision - Setter Drive Sanitary Sewer Service Area is created for a period of ten years. (A) On or before September 30, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,000 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1 ,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension. (B) After September 30, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,000 toward construction costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before September 30, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $4,750 per property owner/residential connection ($4,000 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,750 down and financing the remaining $3,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the two (2) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along Setter Road: William D. Hale (Tax Map No. 40.14-1-18); F. Wayne Knowles (Tax Map No. 40.14-1-19); Paul P. Dicks (Tax Map No. 40.14-1-20); Stephan L. Dunn (Tax Map No. 40.14-1-21); Benjamin R. Asbury, Jr. (Tax Map No. 40.14-1-22); John F. Zuraw (Tax Map 522 July 28,1998 = = No. 40.14-1-23); David L. Beckner (Tax Map No. 40.14-1-24); Garland E. Calhoun, III (Tax Map No. 40.14-1-25); E. Robert Purcell (Tax Map No. 40.14-1-26). 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. 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 IN RE:. CONSENT AGENDA R-072898-7, R-072898-7.d 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 072898-7 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 July 28, 1998 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 9, inclusive, as follows: 1. Approval of Minutes for June 23, 1998, June 26, 1998 (Joint Meeting with School Board, and July 14, 1998 (Joint Meeting with Roanoke City Council). 2. Request from Schools for acceptance and appropriation of $65,000 grant to the Tech Prep Consortium fund. July 28, 1998 523 3. Request from Schools for acceptance and appropriation of $2,800 grant from the Virginia Commission for the Arts. 4. Request from Sheriffs Office to accept the Adult Literacy and Basic Education Program grant for $15,288.89 and appropriate funds. 5. Approval of resolution rescinding and repealing certain policies previously adopted by the Board of Supervisors within the Fire and Rescue Department, and to provide for a policy manual. 6. Acceptance of water facilities serving Roselawn Court. 7. Acceptance of water and sanitary sewer facilities serving Waterford, Section 6. 8. Donation of a drainage easement on property of FW Property, L.L.C. to serve Future Section 1, "Fort Lewis Cove", Catawba Magisterial District. 9. Submission of subscriber complaints regarding Cable Programming Services (C.P.S.) tier rates of Cox Communications Roanoke (formerly Cox Cable Roanoke) to the Federal Communications Commission. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072898-7.d RESCINDING AND REPEALING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS WITHIN THE FIRE AND RESCUE DEPARTMENT, AND TO PROVIDE FOR A POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT WHEREAS, the Board of Supervisors of Roanoke County hereby establishes a Policy Manual to provide an organized, systematic approach to the handling of routine matters by this government organization, and a dependable source of reference for all County departments and the Board; and, 524 July 28,1998 - WHEREAS, this Policy Manual is based upon actions taken and measures adopted by the various boards of supervisors of Roanoke County over the past 20 years; and, WHEREAS, in reviewing these actions of the boards of supervisors of Roanoke County over the past 20 years, certain actions should be repealed, rescinded, modified or amended; and, WHEREAS, this Resolution addresses those actions pertaining to the Fire and Rescue Department. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is hereby established a Policy Manual for Roanoke County government. 2. That Resolution 92788-2 adopted on September 27, 1988 which adopted an emergency operation plan is hereby rescinded. 2. That Resolution 1240 adopted on May 13, 1975 providing for the appointment of a Fire Marshal and Assistant Fire Marshal is hereby repealed. That Resolution 82890-6 adopted on August 28, 1990 concerning the appointment of a Fire Marshal is hereby revised to be consistent with the provisions of current State law as provided in Chapter 3 "Local Fire Marshals" and Chapter 9 "Statewide Fire Prevention Code Act" of Title 27 "Fire Protection" of the Code of Virginia; and Chapter 9 "Fire Prevention and Protection" of the Roanoke County Code. 4. That Resolution 1415 adopted on January 13, 1976, and Resolution 3195 adopted on July 27, 1982 providing for Workers Compensation benefits for volunteer fire and rescue personnel are hereby repealed. The provisions of these resolutions are currently incorporated in Article 4 "Self-Insurance Program" of Chapter 2 "Administration" of the Roanoke County Code. 5. That this Resolution shall take effect immediately upon its adoption. 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: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He advised that he read an article in the Roanoke Times about the 50 cents tax on telephone lines and asked if it could be used for road maintenance. Mr. Hodge will have a report on this at the next meeting. July 28,1998 525 SUDervisor McNamara: (1) He advised that the Cave Spring American League, ages 11 & 12, won the District 12 baseball. The 13 year olds also won District 12 and are today playing their fifth game at the State tournament. Supervisor Minnix: (1) He advised that he has scheduled a meeting in October with the Clearbrook Civic League and that they are concerned about the condition of their fire facility. (2) He has received many telephone calls from people about building one or two high schools and asked about the status of the analysis of costs that was supposed to be done. Chairman Johnson advised that Supervisor McNamara, Director of Finance Diane Hyatt, and Mr. Hodge are putting together a report, which is a voluntary effort to move forward, but reminded that the School Board has the final decision. Mr. Hodge advised that he will have a report by the end of the week ready to review. SUDervisor Johnson: (1) He advised that the construction performance coordinator has been hired and he will begin work next Monday. Mr. Hodge acknowledged that Mark Di Properis has been hired for the position. Supervisor Harrison: (1) He advised that the Board received a memorandum from Economic Development Director Tim Gubala proposing a trip some time after the August 18th meeting to Goochland County to see a new industrial park. He suggested that the date be set earlier. Mr. Hodge advised that they plan to invite the members of the Industrial Development Authority and economic development staff. It was the consensus of the Board to schedule the trip for Wednesday, August 5, 1998, from 7 a.m. until around 8:00 p.m. 526 July 28,1998 ~ INRE: REPORTS Supervisor Johnson moved to receive and file the following reports with Item 1 revised as discussed earlier in the meeting. The motion carried by a unanimous voice vote. 1. General Fund UnaDDropriated Balance 2.. Capital Fund Unappropriated Balance ~ Board Contingencv Fund !.. Future School Capital Reserve 5. Accounts Paid - June. 1998 §.. Preliminary Statement of Revenues and Expenditures as of June 30. 1998 L Report of claims activity for the Self-Insurance Program .!I. Statement of the Treasurer's Accountabilitv Der Investments and Portfolio Policy. as of June 30. 1998 IN RE: EXECUTIVE SESSION At 4:15 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(5) discussion concerning economic development prospects where no previous announcement has been made; and (3) disposition of publicly owned real estate, well lot on Brambleton Avenue. The motion carried by the following recorded vote: July 28,1998 527 - AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None IN RE: WORK SESSIONS 1... Addition of proiects to the Drainaae Maintenance Priority List. (George Simpson. Assistant Director. Community Development) The work session was held from 4:15 to 5:25 p.m, and was presented by Mr. Simpson and Butch Workman. There was discussion concerning several previously approved projects and discussion concerning some of the proposed projects. Mr. Workman distributed a summary of the drainage projects completed with the 1992 bond issue funds. IN RE: OTHER DISCUSSION Mr. Hodge advised that he had received correspondence from the City of Salem inquiring about the construction of Spring Hollow Reservoir, and asking for copies of documents. He also mentioned that concerns have been raised about a connection between the low level of water in the Roanoke River and the Reservoir. Utility Director Gary Robertson briefed the Board on plans to establish a water service area for Clearbrook\U. S. Route 220 corridor and advised that he will bring back a first reading of the ordinance on August 18, 1998. IN RE: CERTIFICATION OF EXECUTIVE SESSION 528 July 28,1998 - R-072898-8 At 7:00 p.m., Supervisor Johnson moved to return to open session, that the Executive Session was held from 5:30 p.m. until 6:08 p.m., and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072898-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ]IN RE: NEW BUSINESS 1... Adoption of the Drainage Maintenance Proiects for Fiscal Year 1998/99. (George Simpson. Assistant Director. Community DevelopmenU July 28,1998 529 A-072898-9 Chairman Johnson advised that the drainage maintenance program was started in 1986 and is funded with the $5.00 which was added to the decal fee on cars. This amount is approximately $230,000 to $250,000 each year. Mr. Simpson advised that the program was very successful and asked that the Board approve projects 238 through 271 for inclusion into the Drainage Maintenance Program for 1998/99. Supervisor Johnson moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson asked that any projects that the staff cannot expect to be able to complete be removed from the list and one of the future projects added. INRE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second readina of ordinance to vacate a 20 foot drainage easement recorded on plat for Botetourt South. Section 5. and located on Lot 1. Block 2. Section 1. Orchard Park. Hollins Magisterial District. upon the Detition of Fralin and Waldron Community DeveloDment COrD. (Georae SimDson. Assistant Director. Community Development) 530 July 28,1998 0-072898-10 Mr. Simpson advised that there has been no changes since the first reading. There was no discussion and no citizens present to speak on this issue. 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 072898-10 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 20-FOOT DRAINAGE EASEMENT RECORDED ON PLAT FOR BOTETOURT SOUTH, SECTION 5, PLAT BOOK 18, PAGE 91, AND LOCATED ON LOT 1, BLOCK 2, SECTION 1, ORCHARD PARK, PLAT BOOK 19, PAGE 29, HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled 'Plat Showing "THE ORCHARDS" Section NO.5 "BOTETOURT SOUTH",' dated May 19,1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 91, a 20-foot (20') drainage easement was shown and created across the remaining property of F & W Community Development Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, has been subdivided and is designated as Lot 1, Block 2, Section 1, Orchard Park, as shown on plat entitled 'Plat Showing Section NO.1 "ORCHARD PARK",' dated September 3, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 29, and further designated on the Roanoke County Land Records as Tax Map No. 40.05-5-1, Hollins Magisterial District; and WHEREAS, F & W Community Development Corporation is the current owner of Lot 1, Block 2, Section 1, Orchard Park; and WHEREAS, the drainage plan for Orchard Park Subdivision has been altered from its original design and drainage facilities are no longer required in this location; and WHEREAS, §15.2-2272.2 of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on July 14, 1998; and the public hearing and second reading of this ordinance was held on July 28, 1998. July 28, 1998 531 - THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That a portion of a 20' drainage easement across property owned by F & W Community Development Corporation, shown cross-hatched and designated as "PORTION OF EXIST. 20' DRAINAGE EASEMENT TO BE VACATED" upon a plat entitled 'Request to Vacate 20 Foot Drainage Easement Recorded in Plat Book 18, Page 91, Botetourt South-Section 5' and prepared by the Roanoke County Department of Community Development, a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). 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 2. Second reading of ordinance to rezone .709 acre from C-1 to C-2 with conditions to construct a drv cleaning business. located on Route 460 between Trail Drive and West Ruritan Road. Hollins Magisterial District. upon the petition of Cicero Hall. Jr. (Terrv Harrington. County Planner) 0-072898-11 Mr. Harrington advised that on June 2, 1998, the Roanoke County Planning Commission recommended denial of the petitioner's request to rezone 2.03 acres from C1 to C2 in order to construct a dry cleaners and retail sales because the speculative retail building was inconsistent with the Comprehensive Plan. The applicant has modified the 532 July 28,1998 I request which is now to rezone .71 acres from C1 Office District, to C2, General Commercial District, without the speculative retail building. The applicant has proffered the following conditions: (1) Use of the property will be limited to (a) personal services (b) all uses permitted in the C1 zoning district. (2) The proposed parking area shown on the preliminary layout will be developed and cross easements will be established, to allow the future connection of the parking area to the adjacent site designated "New Parcel C-1" on the Preliminary Subdivision plant prepared for ACW Management Corporation, dated June 16, 1998. and (3) The architecture, design and materials of the proposed building will substantially conform to the photograph entitled "Exhibit A" submitted for review to the Roanoke County Planning Commission on July 7, 1998. He described most of the eleven concerns raised by citizens at the Planning Commission's public hearing, and advised that the Planning Commission recommended approval of the rezoning on July 7, 1998. Comments from the members of the Planning Commission included the following: (1) felt that the proposed uses are no more intensive that uses that are otherwise allowed in C-1 districts; (2) that many C-1 uses could be more intensive; and (3) that this dry cleaners is an appropriate transitional use separating the R-1 single family neighborhood from the intensity of Route 460. Mike Webb, architect from Lumdsen Associates, responded to questions about the stormwater facilities and advised that the stormwater retention pond would be adequate for this site and the adjacent site. The following citizens spoke in opposition to the rezoning: (1) Robert A. Hope, 4025 Trail Drive, and (2) Ralph W. Foster, 4040 Trail Drive. July 28,1998 533 Mr. Robert L. Metz, 4631 Heather Drive, advised that he owns property east of Mr. Hall's which is zoned C-1 and he is concerned that the property was not zoned properly to begin with; that this is not residential property; and that there is no demand for C-1 zoning on the road and no C-1 zoning from the County line to Route 220. Mr. Ray W. Edwards, speaking on behalf of ACW Management Corporation, explained that they plan to be a small community business and that 98% of their business would be drive-around, and approximately 78% within a three mile radius. He asked that the rezoning be approved, and responded to questions. In response to an inquiry from Supervisor Nickens, Mr. Harrington described the differences between some high intensity C-1 zoning uses and low intensity C-2 uses, and advised that sometimes the uses do overlap. Supervisor Johnson advised that he felt that heavy C-2 zoning was not appropriate where residential zoning exists and that staff is working on ways to distinguish between C-1 and C-2 zoning to make them more specific. 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 072898-11 TO CHANGE THE ZONING CLASSIFICATION OF A .709-ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 460 BETWEEN TRAIL DRIVE AND WEST RURITAN ROAD (PORTION OF TAX MAP NOS. 50.05-1-19 AND 50.05-1-20) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF CICERO HALL, JR. 534 July 28,1998 I WHEREAS, the first reading of this ordinance was held on June 23, 1998, and the second reading and public hearing were held July 28, 1998; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 7, 1998; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .709 acre, as described herein, and located on Route 460 between Trail Drive and West Ruritan Road, (Portion ofTax Map Numbers 50.05-1-19 and 50.05-1-20) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Cicero Hall, Jr. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1) Use of the property will be limited to: a) Personal Services b) All uses permitted in the C1 zoning district. 2) The proposed parking area shown on the preliminary layout will be developed, and cross easements will be established, to allow the future connection of the parking area to the adjacent site designated "New Parcel C-1" on the Preliminary Subdivision Plat prepared for ACW Management Corporation, dated June 16,1998. 3) The architecture, design and materials of the proposed building will substantially conform to the photograph entitled "Exhibit A" submitted for review to the Roanoke County Planning Commission on July 7,1998. 4. That said real estate is more fully described as follows: BEGINNING at Corner #1, said point located on the northerly right-of-way of Trail Drive, said point also being the easterly property line of property of Robert A. and Patricia C. Hope; thence leaving Trail Drive and with Hope, N 75 deg. 08' 25" W 135.65 feet to Corner #2, said point being the southwesterly corner of remaining property of Cicero H. Hall, Jr. and Doris B. Hall; thence leaving Hope and with Hall, N 28 deg. 03' 25" W 30.91 feet to Corner #3, said point being the northwesterly corner of New Parcel C-1; thence leaving remaining property of Hall and with the southerly boundary of New Parcel C-1, N 50 deg. 26' 25" E 278.51 feet to Corner #4, said point being the southeasterly corner of New Parcel C-1, said point also located on the northerly right-of-way of U.S. Route 460; thence leaving Parcel C-1 and with the northerly right-of-way of Route 460 for the following 3 courses; thence with a curve to the left which said curve is defined by a delta angle of 0 deg. 25' 22", a radius of 2,704.79 feet, an arc of 19.95 feet, a chord of 19.95 feet and bearing S 37 deg. 58' 01" E to Corner #5; thence S 70 deg. July 28, 1998 535 - 35" W 10.68 feet to Corner #6; thence S 40 deg. 26' 25" E 72.18 feet to Corner #7; thence with a curve to the right, which said curve is defined by a delta angle of 87 deg. 52' 00", a radius of 30.00, an arc of 46.01, a chord of 41.63 and being S 03 deg. 29' 35" W to Corner #8, said point located on northerly right-of-way ofTrail Drive; thence leaving U. S. Route 460 and with Trail Drive for the following 2 courses; S 47 deg. 35' 35" W 119.74 feet to Corner #9; thence with a curve to the left, which curve is defined by a delta angle of 29 deg. 20' 00", a radius of 100.00, an arc of 51.20, a chord of 50.64 and bearing S 32 deg. 45' 35" W to Corner #1, the place of Beginning and containing 30,870 square feet (.709 acre). 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CITIZENS COMMENTS AND COMMUNICATIONS (1) W. B. Martin. 3514 Holland Drive. asked that the proposed new high school be built on property that is already owned by the County. (2) James Garriss. 3108-D Honeywood Lane advised that (1) he wants to keep the current plan for two smaller high schools, and (2) he asked that the Board 536 July 28,1998 I '-- postpone voting on the Brambleton Avenue rezoning until after August 18, 1998 so that another informational meeting for citizens could be held with more details. (3) SII7anne E. Seth (Yatzor\. 3342 Westmoreland Drive. advised that she was concerned that the citizens still do not have the complete details about the Brambleton Avenue rezoning and that they were not notified sooner. INRE: ADJOURNMENT At 7:53 p.m., Chairman Johnson adjourned the meeting to August 5,1998, for the purpose of a visit to Goochland County's new industrial park. Submitted by, Approved by, &tJ~~ ~ Brenda J. Hol n, CMC Deputy Clerk to the Board