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11/17/1998 - Regular ---_._~, - November 17.1998 745 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 17, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday, and the only regularly scheduled meeting of the month of November, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Vice Chairman Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 746 November 17,1998 .1. Recoanition of the Parks and Recreation Department for winning three state awards at the Annual Conference of the Virginia Recreation and Parks Society. (Pete Haislip. Parks and Recreation Director) Chairman Johnson presented the awards to Parks and Recreation Director Pete Haislip, Assistant Director Debbie Pitts, Recreation Specialist Billy Thorne, Roanoke City Parks and Recreation Director John Coates and RVTV Manager Elaine Simpson. = 2. Proclamation declaring the week of November 15 - 21.1998 as American Education Week in Roanoke County Chairman Johnson presented the proclamation to School Superintendent Deanna Gordon; Debbie Graham, Roanoke County Education Association President;and Lorraine Lange, American Education Week Chair. Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors McNamara, Harrison, Minnix, Johnson None Supervisor Nickens .3... Proclamation declaring the week of November 15 - 21.1998 as Virainia Recvcles Week and November 15. 1998 as Virginia November 17,1998 747 Recycles Day. Chairman Johnson presented the proclamation to Ann Masters, Executive Director, Clean Valley Council; Nancy Duval, President, Clean Valley Council; Drew Glenn and Chief Richard Burch, Roanoke County Clean Valley Council members; and Chief Grigsby, Roanoke City Clean Valley Council member. Ms. Masters presented recycled pencils to the Board members. Supervisor McNamara moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: BRIEFINGS 1... Briefino on Closeout of Dixie Caverns Landfill. lGeoroe SimDson. Assistant Director of Community Development) Mr. Simpson presented a brief history of the project from the opening of the landfill in 1965. In 1971, the County submitted an application to the Health Department Bureau of Solid Waste for a permit to operate as a solid waste facility, but the permit was denied. An investigation noted deficiencies and recommended that the site not be permitted until action was taken. The County attempted to correct the deficiencies and continued to pursue a permit until 1976. They closed the site in 1976 in accordance with regulations in place at that time. In 1992, the Board signed a Consent Order and Consent 748 November 17, 1998 = ~ Agreement for the cleanup of the Dixie Caverns Landfill site. Roanoke Electric Steel Corporation became a partner in the cleanup of the flyash which was not originally considered hazardous waste. The Environmental Protection Agency (EPA) conducted a final inspection in September 1997 and has officially closed the site. Mr. Simpson reported that the County spent a total of $11 ,875,034 through October 31, 1998 for all the EP A related activities. They exported 8,100 tons of flyash to another site that was later also placed on the Superfund List. The County removed 22,000 tons of sediment from the stream and paid $1.5 million for EPA's oversight of the project. Mr. Simpson updated the Board on the extension of water and sewer to the site which will result in savings of approximately $250,000 per year in pump and haul costs, and provide water and sewer to the residents of Twine Hollow Road. There is $1,700,000 remaining in the Dixie Caverns Account. Chairman Johnson thanked Mr. Simpson for his work on the project and expressed appreciation to Roanoke Electric Steel for being a partner. Supervisor Minnix suggested that a letter be sent to Roanoke Electric Steel formally thanking them. Mr. Mahoney reported on the litigation with other potential responsible parties that were involved in dumping hazardous waste in the landfill. INRE:. NEW BUSINESS 1... Request for participation in a regional fire and ÈMS training center and approval of funding. (Richard Burch, Fire and Rescue Chief) ~ = November 17. 1998 749 A-111798-1 Chief Burch advised that the County, Vinton and the Cities of Salem and Roanoke have developed a proposal to build a Regional Fire/EMS Training Center The training center will contain approximately 15,400 square feet and cost $1.9 million. It will be located on the County's six acre fire training center on Kessler Mill Road. Operating costs will be shared from the area departments' existing operating budgets. The County's share of the $1.9 million is $837,847,44% of the total. Staff recommends that the County lend our share from the insurance reserve fund and repay the loan with or without interest at the rate of $60,000 per year with revenue from the Fire Program Fund. Chief Burch introduced Chief Hall from the City of Salem and Chief Grigsby from the City of Roanoke and announced that both localities had approved the agreement. Supervisor McNamara expressed the concern that if the other localities decide to drop out of the project, Roanoke County would be left paying the full share. He also recommended that a fire and rescue volunteer serve on the committee, and questioned whether there is a need for the training center when the only benefit to the County is additional classroom space. Mr. Hodge responded that they would look at agreement and bring it back to the Board if the County's exposure is too great. Supervisor Minnix moved to approve participation and funding. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, Johnson NAYS: Supervisor McNamara 750 November 17,1998 ~ ABSENT: Supervisor Nickens l.. Reouest to adopt the Roanoke County Emergencv Operations Plan. (Richard Burch. Fire and Rescue Chief) R-111798-2 Chief Burch reported that the Roanoke County Operations Plan actually consists of several plans. The Basic Plan describes the concept of emergency operations, and assigned duties and responsibilities to agency heads or organizations which will support local government in an emergency situation. The Peacetime Disaster Plan covers all natural disasters and man-made disasters excluding nuclear war. The Nuclear Civil Protection Plan provides guidance for developing an operational capability during the crisis buildup period prior to an actual or threatened nuclear attack. Mr. Mahoney noted that there was an incorrect date in the resolution and asked that it be corrected. Supervisor Johnson moved to adopt the plan with amended date in the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-2 AUTHORIZING ADOPTION OF EMERGENCY OPERATIONS PLAN FOR ROANOKE COUNTY WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, is greatly concerned with the health, safety, and well-being of its citizens and desires that the ~. Novernber 17,1998 751 best possible emergency services be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan (EOP) which addresses its planned response to emergency situations; and WHEREAS, such an EOP has been developed by County staff in coordination with the Virginia Department of Emergency Services incorporating input from responsible local agencies; and WHEREAS, this EOP replaces the plan adopted by Roanoke County on June 8, 1993. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia that, on the 17th day of November, 1998, it does hereby officially adopt the revised and current Roanoke County Emergency Operations Plan, to include plans and procedures for both peacetime and war-caused disasters. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens .3... Request for funding to proceed with demolition of abandoned structure at 6993 Franklin Road (220 South) located in the Cave Sprino Magisterial District. {Arnold Covey. Community Development Director) A-111798-3 Mr. Covey advised that this request was to appropriate funds to allow the County to demolish an abandoned and unsafe structure. The structure has remained abandoned and unsecured for several years. Notices have been served on the owners to repair or demolish the building. The building was inspected and found to be vacant and open to the public. It was also found to be structurally unsound, and was declared unsafe by the Building Commissioner. A notice was sent to John A. Franks, administer of the 752 November 17,1998 - owner's estate, which was received by registered mail on July 16, 1996. Mr. Covey advised that estimates to remove the structure range from $4,800 to $10,000. He requested that these funds be appropriated from the Board Contingency Fund and a lien placed against the property to recoup the costs. In response to questions from the Board, Mr. Covey advised that this was the first time the County has done this; that the property of the value is $15,700; and that masonry products could be dumped on the site, but not wood. Mr. Mahoney indicated that localities usually do not recoup their costs spent on demolishing unsafe buildings. Supervisor Johnson expressed concern about using the Board Contingency Fund for this purpose. Supervisor Harrison advised that he would support it but agreed with Supervisor Johnson's concerns. Supervisor Minnix moved to approve funding from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix NAYS: Supervisor Johnson ABSENT: Supervisor Nickens ~ Request for acceptance of $13.940 orant from the Library of Virainia to purchase microfilm reader and printer in the office of the Clerk of Circuit Court. {Steven A. McGraw. Clerk of Circuit Court) A-111798-4 ~ November 17, 1998 753 ~ Mr. McGraw advised that the Clerk's Office has been awarded a Virginia Circuit Court Records Preservation Program grant in the amount of $13,940 for the purpose of purchasing a microfilm and reader. There is no requirement for matching funds. Supervisor Harrison moved to approve the acceptance of the grant. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE:. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA 1... Ordinance to rezone 11.93 acres from AG-3 to AR and obtain a Special Use Permit to allow a 9-hole golf course. located on the 2600 block of Rutrough Road. Vinton Magisterial District. upon the petition of Randall Wayne Brown. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for December 15, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 754 November 17,1998 I IN RE: FIRST READING OF ORDINANCES 1... First readino of ordinance authorizing the release and reconvevance of sanitary sewer easements to Helen Cox Richards. (Gary Robertson. Utility Director) Mr. Robertson reported that the design of the sanitary sewer line from Valley TechPark to the Spring Hollow Water Treatment Facility required easements across the property of Helen Cox Richards. During construction it was discovered that there could be a significant cost savings if the line could be shifted slightly to avoid a large seam of rock. This would required a revised easement which was granted by the property owner. There was no discussion, and Supervisor Harrison moved to approve the first reading and set the second reading for December 1, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens z.. First readino of ordinance authorizing the acouisition of a 0.7 acre parcel of land from Eloise P. Clements and Charles Clements for the Roanoke County Public libraI)'. (SDencer Watts. library Director) ~, - NnvAmhør 17 1~93 755 Mr. Watts, explained that the parcel of land is immediately adjacent to the site of the Headquarters Library and would provide the County with greater flexibility for future building improvements or correction of parking and traffic circulation problems. A purchase price of $88,000 has been negotiated and settlement costs of approximately $3,550 are required. Supervisor Johnson advised that he would support the purchase provided the 419 Library remains the Headquarters Library. Supervisor McNamara moved to approve the first reading and set the second reading for December 1, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 3. Ordinance authorizing the acquisition of a permanent drainage easement from David D. and Carol B. Graybeal for the Wakefield Avenue Road and Drainage Improvement Proiect in the Cave Spring Maoisterial District. (Arnold Covey. Community DeveloDment Director) Mr. Covey reported that the Wakefield Avenue project was initiated in response to citizen concerns due to the lack of a turnaround at its terminus. At the time staff was contacted, an emergency response vehicle had been unable to turn around 756 November 17,1998 E::::: during a medical emergency. In order to move forward with this project in an expeditious manner, County staff agreed to develop the construction plans and obtain all the necessary right-of-way and drainage easements. The Virginia Department of Transportation agreed to handle the construction and pay for the right-of-way improvements out of their maintenance fund. The property owners in the area, except one, have been very cooperative with County staff and have donated all the necessary right-of-way and drainage easements for this project. David D. and Carol B. Graybeal are the current owners of Lot 27, Section 13, Mount Vernon Heights, located on Brandywine Avenue. Staff made numerous attempts to have a 15' drainage easement donated to Roanoke County for constructing this project. Having been unsuccessful, County staff has made a fair market offer in the amount of $881.00 for the easement. Mr. and Mrs. Graybeal have agreed to this offer and will convey the drainage easement. The sum of $881.00 will be expended from the Drainage Maintenance Program to acquire this easement. There was no discussion and Supervisor Minnix moved to approve the first reading and set the second reading for December 1, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 4. Ordinance authorizing quitclaim and release of a water and sanitarY sewer easement within boundaries of Scotford Court ~, ~ovemberJ7, 1998 757 and located between Lot 47. Block 3. Section 13 and Lot 56. Block 1. Section 13 of Westchester of Canterbury Park. located in the Cave Spring Magisterial District. {Arnold Covey. Community Development Directorj Mr. Covey reported that in March 1993, Roanoke County obtained from Palm Hermitage Corp., a 25-foot water and sewer easement for the development of the County's south loop water transmission line. In March 1997, Boone, Boone and Loeb, Inc. subsequently subdivided the property by plat showing Section 13, Westchester of Canterbury Park. The 25-foot water and sanitary sewer easement described above lies within Section 13 and is beneath Scotford Court. In order for this portion of Scotford Court to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances. The quitclaim and release of the subject portion of the water and sanitary sewer easement to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facilities and the condition that the facilities located within the 50-foot right-of-way, with the boundaries of Scotford Court and located between Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section '13 of Westchester of Canterbury Park, may continue to occupy the street in the existing condition and location. The release would be for so long as the subject section of Scotford Court is used as part of the public street; however, the easement would not be vacated by the Board and would revert to the County in the event of abandonment of the street. The Utility Department is in agreement with this request. 758 November 17.1998 - Mr. Covey requested that the Board adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for quitclaims and release of the water and sanitary sewer easement. Supervisor Johnson noted that the property is in Windsor Hills Magisterial District and asked that this be corrected for the second reading. Supervisor McNamara moved to approve the first reading and set the second reading for December 1, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens .§... First readino of ordinance amending Ordinance 42793-7 adopting a fee schedule for Police Department services related to background investiQations for concealed weaoons permits and conservators of the peace. {Ray Lavinder. Police Chief) County Attorney Paul Mahoney explained that this ordinance amends the Roanoke County fee schedules to comply with the fees set in the Code of Virginia. It is primarily a "housekeeping" ordinance. Supervisor Minnix moved to approve the first reading and set the second reading for December 1,1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ~, ABSENT: Novernber 17,1998 Supervisor Nickens 759 - IN RE: APPOINTMENTS 1... Blue Ridge Community Services Board Supervisor Harrison nominated Roger Laplace to serve a three year term which will expire December 31, 2001. 2. League of Older Americans - Advisorv Council Supervisor McNamara nominated Thelma Ihrig to serve a one-year term which will expire March 31, 1999. .3... Roanoke Valley Resource Authority Supervisor Johnson nominated Diane Hyatt to serve another four year term which will expire December 31, 2002. ~ Task Force for Senior and Physically Challenged Citizens Supervisor Johnson requested an appropriate remembrance of Webb Johnson. IN RE: CONSENT AGENDA R-111798-5: R-111798-5.b: R-11798-5.d: R-111798-5.f; R-111798-5.1 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson 760 Novernber 17,1998 - NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -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 17, 1998, designated as Item 1- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 15, inclusive, as follows: 1. Approval of minutes for October 13, 1998 and October 27, 1998. 2. Confirmation of Committee Appointment to the Blue Ridge Alliance for Organ and Tissue Donation. 3. Resolution of Support for Virginia's First Regional Industrial Facility Authority's application for Virginia Industrial Site Development Funds for the New River Valley Commerce Park. 4. Request from Police Department to donate damaged uniform jackets to charitable organizations. 5. Acceptance of Hampshire Drive and portions of Scotford Court, located in the Cave Spring Magisterial District, into the Virginia Department of Transportation Secondary System. 6. a. Acceptance of donation from North Lakes Civic League to be used towards purchase of North Lakes Community Identification Sign. b. Resolution requesting approval from the Virginia Department of Transportation to replace the North Lakes Community Sign in the right-of-way. 7. Donation of a 20' sanitary sewer easement located generally along the southeast property line of parcel owned by G. J. Hopkins, Inc. from Preferred Leasing Company, Inc. 8. Request to establish full time grant funded position for three ~ - November 17,1998 761 positions funded by the Virginia Juvenile Community Crime Control Act. 9. Request for acceptance of Wales Court and portions of Salisbury Drive into the Virginia Department of Transportation Secondary System. 10. Request from Schools for appropriation of $11,444 to the School Grant Fund for a truancy reduction initiative. 11. Request from Schools for appropriation of $3,915.28 for the dual enrollment program with Virginia Western Community College. 12. Request from Schools for appropriation of $56,335.35 Technology Literacy Challenge Grant for technology training. 13. Request from Schools to appropriate $46,121 to the Roanoke Valley Regional Special Education budget. 14. Acceptance of Water and Sanitary Sewer Facilities serving Winterberry Pointe, Sections 2 and 3. 15. Acceptance of donation of a sanitary sewer easement from Larry G. Conner and Ida Jane E. Conner in connection with the Peters Creek Detention Basin Project. 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, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-5.b ENDORSING VIRGINIA '5 FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY'S APPLICATION FOR VIRGINIA INDUSTRIAL SITE DEVELOPMENT FUNDS Whereas, the Virginia Industrial Site Development Fund was passed by the 1998 General Assembly; and Whereas, the objectives of the Fund are: to assist in the development of publicly owned, marketable regional industrial sites; to strengthen the capacities of 762 November 17, 1998 - distressed communities to stimulate and promote economic development activity; to encourage the development of regional cooperation and marketing concepts for economic development purpose; and to increase Virginia's total industrial site inventory; and Whereas, the Department of Housing and Community Development has prepared program guidelines for the Virginia Industrial Site Development Fund; and Whereas, the General Assembly has provided $3 million in State financial assistance to distressed communities to assist with the development of regional industrial sites; and Whereas, the legislation gives "preference to regional sites (two or more localities), sites purchased or placed under option and engineering study contracted for or completed;" and Whereas, the 1997 Virginia General Assembly adopted the Virginia Regional Industrial Facilities Act; and Whereas, the Act provided localities in the New River Valley and the Fifth Planning Districts a legislative mechanism to enhance the economic base of this region by allowing local governments to jointly develop, own and operate one or more industrial facilities on a cooperative basis; and Whereas the Act provided that participating localities could share the revenue generated from a cooperative regional industrial facility; and Whereas, Virginia's First Regional Industrial Facility Authority formed in 1998 in response to the Virginia Regional Industrial Facilities Act; and Whereas, the counties of Bland, Craig, Giles, Montgomery, Pulaski, Roanoke, and Wythe, the cities of Radford, Roanoke, and Salem, and the towns of Pulaski, Dublin, Narrows, Pearisburg, and Christiansburg are the members of Virginia's First Regional Industrial Facility Authority. Now, Therefore be it resolved, that the Board of Supervisors of Roanoke County, Virginia, does hereby support the Authority's application for $1.375 million from Virginia Industrial Site Development Funds for construction of the New River Valley Commerce Park; and Be it further resolved that the remaining $7,464,089 construction costs will come from: $500,000 ARC (application submitted), $4,139,089 participating localities; $450,000 VDOT, and $1 million EDA; and Be it further resolved that Elmer C. Hodge, County Administrator, is the chief administrative officer for the County of Roanoke and is authorized to sign and submit all appropriate information necessary for Virginia's First Regional Industrial Facility Authority to apply for VISDF funds. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 1117998-5.d REQUESTING ACCEPTANCE OF - November 17,1998 HAMPSHIRE DRNE AND PORTIONS OF SCOTFORD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 763 WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required Supervisors McNamara, Minnix, Harrison, Johnson None Supervisor Nickens RESOLUTION 111798-5.f REQUESTING APPROVAL BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF ONE REPLACEMENT IDENTIFICATION SIGN IN THE NORTH LAKES COMMUNITY WITHIN A PUBLIC RIGHT-OF-WAY IN ROANOKE COUNTY WHEREAS, the Virginia Department of Transportation shall review specifications for the design, installation and maintenance of community identification signs on public roads in Roanoke County, and, WHEREAS, Roanoke County has previously selected, received approval for, established and maintained numerous community welcome signs and gateway beautification sites in highway medians, and WHEREAS, the North Lakes Civic League has indicated its desire for and has agreed to fund one-half of the design and installation cost of this project and the Board of Supervisors hereby expresses its willingness to fund one-half of said cost of this project - sum total not to exceed $700 - and that the Board of Supervisors will provide for the perpetual maintenance of this project in lieu of a permit fee or continuous bond. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests that the Virginia Department of Transportation approve 764 November 17.1998 ~ the submitted specifications and permit a replacement community identification sign at the following location: VA 1524 (North Lakes Drive) at VA 117 (Peters Creek Road) On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-5.1 REQUESTING ACCEPTANCE OF WALES COURT AND PORTIONS OF SALISBURY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street ReQuirements of the Virginia Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements: and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required Supervisors McNamara. Minnix Harrison Johnson None Supervisor Nickens INRE: REQUESTS FOR WORK SESSIONS 1.. Request for Work Session on December 1. 1998 to review the Draft Community (Comprehensive) Plan. - November 17, 1998 765 It was the consensus of the Board to set a work session for December 1, 1998. INRE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Items 1, 2, and 6. The motion carried by a unanimous voice vote with Supervisor Nickens absent. 1... General Fund Unappropriated Balance 2. Capital Fund UnapDropriated Balance 3. Board Contingencv Fund !. Future School Capital Reserve 5. Report on a ootential short-term rental tax Mr. Hodge described how the tax would operate and expressed concern about the impact on the small businesses if the tax was enacted. 6. Report of Expenditures and commitments for public private partnershiDs from The Economic Development Capital Fund. 7. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of October 31. 1998. INRE: WORK SESSIONS The work sessions were held from 4:55 p.m. until 5:50 p.m. 1... Review of Fiscal Year 1997-98 audit and vear end operations. 766 November 17. 1998 - {Diane Hyatt. Finance Director) Ms. Hyatt reported that the revenues were $37,494 under budget which represents 0.04% of the total budget. This was primarily because personal property tax was $1.3 million under projections. She also advised that the County operations resulted in expenditure savings of $773,551. After department rollovers are subtracted, there is a net savings of $471,873. She reported that four departments overran their bUdgets. They were the Garage, Refuse Collection, the Treasurer's Office and the Commissioner of the Revenue's Office. Supervisor Johnson asked for specific details on how the County will realize $200,000 savings from the garage that was committed to when the County took over the garage. There was discussion on why the personal property tax revenue was under budget. Ms. Hyatt advised that the Schools had a $1.4 million year-end balance and have prepared a request on how they would like to spend the funds. 2.. 1997-98 Year end and 1998-99 first quarter review of revenues and eXDenditures and review of rollover appropriations. (Brent Robertson.BudoetManage~ The work session was presented by Brent Robertson. He presented the list of rollover requests from the departments. He advised that the projected revenue growth is 3.7%. There was discussion on the first quarter revenues and expenditures. INRE: EXECUTIVE SESSION At 4:45 p.m.,Supervisor Johnson moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (7) - November 17,1998 767 consultation with legal counsel and briefings by staff members, contract negotiations concerning utility bill from City of Roanoke; Section 2.1-344 A (3) discussion or consideration of the condition, acquisition or use of real property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens The Executive Session was held from 5:50 p.m. to 6:15 p.m. Supervisor Minnix was absent from the Executive Session and did not return until 7: 1 0 p.m. INRE: CERTIFICATION RESOLUTION R-111798-6 At 7:00 p.m., Chairman Johnson announced that the Executive Session was held from 5:50 p.m. until 6:15 p.m., and that Supervisor Minnix was absent from the Executive Session. He moved to return to Open Session adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has 768 November 17, 1998 - convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1 . Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisor Minnix, Nickens INRE: NEW BUSINESS 1... Report on operations from year ended June 30. 1998 and request for final appropriation of funds. (Diane Hvatt. Finance Director) A-111798-7 Ms. Hyatt advised that KPMG Peat Marwick, LLP has completed their audit of the financial operations of the County of Roanoke and the Schools for the year ended July 30, 1998, and the County has received a favorable opinion. The County operations resulted in expenditure savings of $773,551. Approved department rollovers total $302,294 leaving a net savings of $471,083 which will be transferred to the Capital Unappropriated Balance. Ms. Hyatt reported that the School operations resulted in a year end surplus of $1,144,867. They are requesting that the surplus be appropriated to specific needs with $650,000 to the bus account. - November 17, 1998 769 Supervisor McNamara asked if the savings could be appropriated in the General Fund instead of the Capital Unappropriated Fund. Supervisor Johnson responded that the savings are one-time savings and should be used for one-time capital expenses. Supervisor Harrison asked School Superintendent Deanna Gordon for an update on how the schools were meeting EPA deadlines on replacing gas tanks. Dr. Gordon advised that they are getting responses to RPF's for Northside High School and will then be fully compliant. Supervisor Harrison also asked if year-end savings have previously been used to purchase band uniforms and Dr. Gordon advised that they have a ten-year plan to replace all uniforms, and fund $20,000 each year. Supervisor Minnix arrived at 7:10 p.m. Supervisor McNamara moved to appropriate $471,083 to the Capital Unappropriated Fund; appropriate $46,388 to the General Fund Unappropriated Fund; and appropriate $1,144,087 as requested by the School Board. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens INRE: PUBLIC HEARINGS 1... Public hearino and adoption of the Secondary Road System Six- Year Construction Plan for Fiscal Years 1999-2005 and the 770 November 17, 1998 allocation of funds for Fiscal Year 1999-2000. (Arnold Covev. Community Development Director) - R-111798-8 Mr. Covey reported that the plan before the County Board of Supervisors was presented at a work session on October 13, 1998. At the work session, County staff explained the evaluation process for inclusion of projects in the plan and also reviewed the estimated funding for the next five years and how this year's allocation ($3.5 million) would be distributed among the three funding categories. The funding may be adjusted once the final allocations are made public in July 1999. Staff is now requesting the Board of Supervisors to conduct the Public Hearing and adopt the resolution approving the Six-Year Secondary Road Construction Plan for Fiscal Year 1999-2005 and allocation of funds for Fiscal Year 1999-2000. The following citizens spoke: 1. Mike Wray. 5650 Yellow Mountain Road. spoke and requested that Starlight Lane and Back Creek Road be added to the Secondary Six Year Plan. 2. Barbara Deurk. 2607 Rosalind Avenue. spoke on behalf of the Blue Ridge Bicycle Club and encouraged the Board to include bike facilities and routes in the Six-Year Plan. Supervisor Johnson moved to adopt the resolution and approve the six year plan. The motion carried by the fallowing recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None November 17,1998 771 - ABSENT: Supervisor Nickens RESOLUTION 111798-8 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1999-2005 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 1999-2000. WHEREAS, a public hearing was held on November 17, 1998 to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1999-2005; and the adoption of the Funding for Fiscal Year 1999-2000; 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 Year 1999-2005 and allocations for Fiscal Year 1999-2000 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 1999-2005 by the Clerk to the Board. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 2. Consideration of Proiects for 1999-2000 VDOT Revenue Sharing Program. (Arnold Covey. Community Development Director) A·111798-9 Mr. Covey advised that County and VDOT staff presented a proposed priority project list for the FY 1999-2000 Revenue Sharing Program at the October 13, 1998 work session. At that time, Staff provided the Board with a report containing the 66 projects ($727,000) with maps and justification on how projects were evaluated for inclusion in the revenue sharing plan. Since then staff has shortened the list to $500,000 ($1,000,000) 772 November 17,1998 - worth of construction improvements. Mr. Covey explained that staff was unable to acquire temporary easements necessary for some projects to be included in this year's prioritized list. They will keep these projects on file and continue to acquire the necessary documents. Mr. Covey requested that the Board approve the priority list of projects for FY 1999-2000 Revenue Sharing Program and authorize the County Administrator to sign the letter of intent and defer appropriation of the funds ($500,000) until July 1, 1999. Supervisor Johnson moved to approve the projects. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens ~ Adoption of a new "Watch for Children" Sian Policv. (Arnold Covev. Community Development Director) R-111798-10 Mr. Covey reported that the 1997 General Assembly enacted an amendment to the Code of Virginia regarding the installation and maintenance of signs alerting motorists that children may be at play nearby. It is estimated that approximately 90% of the secondary roads in Roanoke County would qualify. To manage the impact to the County's secondary road funds, staff time and visual character of the residential November 17, 1998 773 neighborhoods, VDOT and staff has developed a policy for the signs. Mr. Covey highlighted the steps in the policy. Supervisor Johnson moved to adopt the policy. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-10 ESTABLISHING A POLICY FOR THE REVIEW AND RECOMMENDATION FOR THE INSTALLATION OF "WATCH FOR CHILDREN" SIGNS WHEREAS, the 1997 General Assembly enacted an amendment to the 1950 Code of Virginia, adding Section 33.1-210.2 regarding the installation and maintenance of "Watch for Children" signs in order to alert motorists that children are at play nearby; and WHEREAS, in accordance with this law, effective July 1, 1997, counties may request the Virginia Department of Transportation (VDOT) to install and maintain these signs; and WHEREAS, VDOT has established a process for handling such requests, and this process will require a resolution from the local governing body, said resolution to identify the source of funding for the cost of sign installation; and WHEREAS, Roanoke County has developed the following policies and procedures to comply with the VDOT guidelines, to minimize administrative burdens, and to assure uniform and consistent policies for the installation of these signs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That the following policies are hereby established for the purpose of developing recommendations to the Virginia Department of Transportation for the installation of "Watch for Children" signs: a. The street must be classified as a minor collector or local road. No signs will be installed on a major collector or arterial highway. These signs will be installed at transitions from major collectors to minor collectors and from minor collectors to local streets. b. A petition is signed by at least 75% of the property owners along the street. For long streets, signatures shall be required within 1000 feet of the location of the request. 774 November 17,1998 - c. The property owners agree to pay 100% of the costs at the time of installation. Today's estimate to purchase the sign and install is $150 total. This figure may be adjusted periodically due to increased costs and inflation. d. The street must have a minimum traffic count of 200 vpd or twenty lots. The minimum distance between signs is 1000 feet. Relatively short streets (dead ends) will not be considered. In general, residential street with through traffic would be a higher priority and a sign would be installed at the major points of ingress and egress. e. Other streets to be considered regardless of traffic count would be streets adjacent to a public park, parallel streets in the vicinity of schools, and any other public facility were children frequent. f. The Community Development Department must receive all submittals at least thirty days in advance of the Board meeting. Staff will present the requests (approved/disapproved) and resolution to the Board semi-annually, in December and July. g. VDOTs Traffic Engineer will make the final determination if a sign is to be installed. 2. That the Clerk of the Board of Supervisors is directed to mail a copy of this Resolution to the Resident Engineer for the Salem District, Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens 4. Adoption of a revised Rural Addition Policy. (Arnold Covey. Community Develooment Director) R-111798-11 Mr. Covey explained that the County's current Rural Addition Policy allows roads to be added to the list even though physical construction of the road is impractical. Staff is requesting that the necessary surveying and engineering be completed prior to the road being added to the list. This will allow staff to determine if an acceptable road can be built to VDOT s and the citizens' standards. In addition, staff is recommending that a - November 17,1998 775 homeowners association be established to maintain the road until funding is available to complete the construction. This new change will let the homeowners know in a relatively short time if the road is eligible and practical to construct to VDOT standards rather than waiting 10 or 12 years. Supervisor Minnix moved to adopt the policy. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens RESOLUTION 111798-11 ADOPTING A POLICY FOR THE REVIEW, ACCEPTANCE AND RECOMMENDATION FOR RURAL ADDITION PROJECTS UNDER THE SIX-YEAR SECONDARY ROAD ALLOCATION WHEREAS, by Resolution 021 098-5.c the Board of Supervisors rescinded Resolution 1727 (which was adopted in 1977), said resolution established a County policy for certain street improvements, including streets to be accepted into the Rural Addition Program; and WHEREAS, the acceptance of rural addition roads into the State Secondary System is governed by the 1950 Code of Virginia, as amended; and WHEREAS, funds for rural addition roads are generated from the County's annual six-year secondary road allocation; and WHEREAS, it is the intention of the County to adopt a policy for the review, acceptance, and recommendation to the Virginia Department of Transportation of road projects for inclusion in the Rural Addition Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows: 1. That the following policies are hereby established for the purpose of developing recommendations to the Virginia Department of Transportation for the Rural Addition Program: Steps a. Property owners petition Roanoke County to add their road to the Rural Addition priority list. 776 November 17,1998 ~ b. Community Development staff checks the road for VDOT subdivision street requirements: (I) minimum of three homes per mile; (ii) in use prior to July 1, 1984; and (iii) 75% of property owners signed the petition. Check of subdivision plat for private road language. c. If the road qualifies: preliminary surveying and engineering is completed immediately. Right-of-way, easement, and speculative interest are determined. A more detailed cost estimate is determined and funding sources identified (see funding options below). Individual and collective meetings are held with all the property owners explaining the ramifications of construction. Agreements are signeø by the property owners agreeing to pay speculative interest, donate right-of-way, and generally approve the design of the road. d. A homeowner's association is strongly recommended by the County. A draft homeowner's agreement is given to the property owners along with a list of attorneys who handle associations. (Costs incurred: $75 filing fee; $300-$500 attorney's fee; and $25/year to keep in good standing.) Maintenance cost of the road will vary depending upon length and road surface. e. Community Development staff adds the road to the Rural Addition list. f. The Board officially adds the road to the list at the annual meeting. g. Once construction funding is available, Community Development staff finalizes the construction plans and other documents and forwards to VDOT for acceptance and construction. Funding a. VDOT: road construction funding is limited to five percent of our yearly secondary allocation. All costs associated with the road construction are covered, to include grading, pavement, drainage, guardrail, erosion control, and restoration. Roanoke County: administrative costs include: survey, design, and right-of-way. Community development's operating budget (professional services account) covets surveying and plat recordation. County staff performs all other related work. Water, sewer, utility relocation is paid for from the County wide work. This account does not receive funding every year and additional funds may be required in the future. Rollover's and homeowner's previous participation remains the source of these funds. Homeowners costs incurred include right-of-way donation, retaining walls, individual landscaping, private fence relocation, and speculative interest. 2. That the Clerk of the Board of Supervisors is directed to mail a copy of this Resolution to the Resident Engineer for the Salem District, Virginia Department of Transportation. November 17,1998 777 On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1... Second reading of ordinance to rezone approximatelv 0.75 acre from R-1 to C-1 to allow an accountina office in an existing house. located at 3716 Colonial Avenue. Cave Spring Maaisterial District. upon the petition of Mark Harrell. (Terry Harrington. County Planner) Mr. Harrington reported that this is a request to rezone a home located at the intersection of Colonial Avenue and Thompson Lane for use as an accounting office. The property is located in an established residential neighborhood which is designated Neighborhood Conservation in the Comprehensive Plan. The applicant is proposing that the upstairs portion be used as an accessory apartment. At the Planning Commission meeting, residents voiced concerns regarding increased traffic, decrease in property values, increased water runoff, and that the rezoning would set a precedent for others along Colonial Avenue. The petitioner offered 8 proffered conditions. The Commission voted to deny the request because the facility would be located in a Neighborhood Conservation designation. Mr. Graves Harrell, one of the petitioners, spoke in support. He explained that 778 November 17,1998 ~ purchased the home to be used as a home office, and was not aware he had to get the property rezoned. The office will have only one financial planner and possibly several high school students working part-time. He advised that if the entrance to the property is a concern, he will locate the entrance on either Colonial Avenue or Thompson Lane. He asked for time to address the Board after the residents spoke. The following residents spoke in opposition to the rezoning because the area is designated Neighborhood Conservation; the potential for increased traffic and water runoff, decreased property values, and the rezoning would open up Colonial Avenue to more commercial uses. 1. Hal Jones. 3734 Thompson Lane 2. Bill Land. 3671 Colonial Avenue 3. H. R. Johannessen. 3722 Colonial Avenue 4. Ellen J. Hatcher 3565 Colony Lane Mr. Harrell pointed out that the property next door is already zoned C-2, so they would not be the first commercial use. He also explained that he would improve the property, and he felt the property values would increase not decrease. In response to a question from Supervisor Harrison, Mr. Harrington advised that the adjacent property was "grandfathered" C-2 but the remaining properties along Colonial Avenue are still Neighborhood Conservation. Supervisor Minnix explained that he thought that the conditions the Harrel/s November 17,1998 779 - agreed to would actual benefit the property but because it was located in a Neighborhood Conservation area, he felt it should not be rezoned. Supervisor McNamara responded that he felt it was a good use of the land even though it was in a Neighborhood Conservation area. Supervisor Minnix moved to DENY the rezoning. The motion carried by the following recorded vote: AYES: Supervisors Harrison, Minnix, NAYS: Supervisor McNamara, Johnson ABSENT: Supervisor Nickens Due to the tie vote with the absence of Supervisor Nickens, this itern was carried over to the December 15, 1998 meeting at 7:00 p.m. INRE: CITIZEN COMMENTS AND COMMUNICATIONS 1. Barbara Bushnell, noted that the Community Plan stated that the Blue Ribbon Committee recommended $100 million in school construction, and that the correct amount is $120 million. She also noted that in Chapter 8, priorities, nothing is included about capital for schools. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He received a letter from a citizen regarding the Police Department DARE program who complimented all those involved in the DARE 780 November 17, 1998 = Camp. He asked Mr. Hodge to see if Myles Jackson and other DARE officers could be recognized for their work. (2) He asked for the specific steps that will be taken regarding acquiring land for the South County Park. Supervisor Minnix: (1) He asked Arnold Covey to respond to a petition from a group of residents on Turkey Run. (2) He advised that residents in Georgetown Park are concerned that the Sunscape Apartments may be building three bedroom units and asked the staff to investigate. (3) He also asked about the barricade that prevents apartment traffic from coming through the subdivision. County Planner Terry Harrington will check and report back. Suoervisor Harrison: (1) He noted that William Byrd, Northside and Glenvar High School girls basketball teams are all in the regionals and wished them luck. (2) He advised that a number of residents in North Lakes are raking their leaves into the Virginia Department of Transportation right of way which is illegal and asked that a notice be placed on the RVTV government access channel describing the regulations. Mr. Hodge will also check with VDOT about the rules. INRE: ADJOURNMENT At 8:35 p.m., Chairman Johnson declared the meeting adjourned. Submitted by, A~~oved by, ,// /.' ß n/ // (;. /:-,~:'..,i~l ;'~~ ?/ '.~ /.-..6- .?'-~-^- I i ~7 -r Bob L. JOh~n Chairman ~ ~J!~ Mary H. Allen, CMC/AAE Clerk to the Board