Loading...
HomeMy WebLinkAbout3/25/2003 - Regular 243 March 252003 , Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 25, 2003 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 March, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, H. Odell “Fuzzy” Minnix MEMBERS ABSENT: SupervisorJoseph B. “Butch” Church (arrived at 7:00 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; Dan O’Donnell, Assistant County Administrator; John M. Chambliss, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by Rabbi Manes Kogan, Beth Israel Synagogue, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS 244 March 252003 , Mr. Hodge reported that Supervisor Church would be unable to attend the meeting today due to the death of Dreama Dillard, an employee in his office. Mr. Mahoney added three items to the closed meeting pursuant to Code of Virginia Section 2.2-3711 A (1) discussion regarding the assignment of specific public officers, appointees, or employees of the County; Section 2.2-3711 A (3) discussion regarding the disposition of the County’s interest in certain publicly held real estate, Western Hills well lot; and Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to Christian L. Kuyper for being named Officer of the Year by the Roanoke Regional Chamber of Commerce R-032503-1 Chairman McNamara presented the resolution of congratulations to Officer Kuyper. Beth Doughty, Executive Director of the Roanoke Regional Chamber of Commerce, and Ray Lavinder, Chief of Police, were also present. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 245 March 252003 , RESOLUTION 032503-1 OF CONGRATULATIONS TO CHRISTIAN L. KUYPER FOR BEING NAMED POLICE OFFICER OF THE YEAR FOR 2002 BY THE ROANOKE REGIONAL CHAMBER OF COMMERCE WHEREAS, Christian L. Kuyper was employed in 1994 as a police officer in the Roanoke County Police Department and also served one year during this time with the Police Department in Charlotte, North Carolina; and WHEREAS, Officer Kuyper was named the Police Officer of the Year for 2002 by the Roanoke Regional Chamber of Commerce at their meeting in December 2002; and WHEREAS, Officer Kuyper, who was promoted to Police Officer II in March, 2002, is a member of the SWAT team, and as a defensive tactics instructor, teaches other officers how to protect themselves; and WHEREAS, Officer Kuyper responded to a domestic incident, and his actions at the scene exemplify the characteristics which contributed to his being named Officer of the Year; and WHEREAS, Officer Kuyper’s actions went above and beyond the scope of expectations of the Department, and WHEREAS, Officer Kuyper’s daily efforts in addition to his participation in specialized Department functions led to his selection as Police Officer of the Year for 2002. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of CHRISTIAN L. KUYPER Roanoke County, Virginia, does hereby congratulate for being named Police Officer of the Year FOR 2002 by the Roanoke Regional Chamber of Commerce; and BE IT FURTHER RESOLVED that the Board expresses its appreciation to Officer Kuyper for his dedication to his profession and for the significant contributions that he makes to the safety and well-being of all County citizens. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 2. Resolutions of congratulations to the following individuals who were recognized by the Salem/Roanoke County Chamber of Commerce for outstanding service to the community: (a) Geraldine B. Barber for being named Citizen of the Year 246 March 252003 , R-032503-2 Chairman McNamara presented the resolution of congratulations to Ms. Barber. Debbie Kavitz, Executive Director of the Salem/Roanoke County Chamber of Commerce, was also present. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-2 OF CONGRATULATIONS TO GERALDINE BRICKHOUSE BARBER FOR BEING NAMED CITIZEN OF THE YEAR BY THE SALEM/ROANOKE COUNTY CHAMBER OF COMMERCE WHEREAS, Geraldine Brickhouse Barber, a graduate of Virginia Tech and Averett University, has been employed by Roanoke County since 1998 and is currently an Assistant Director of Finance; and WHEREAS, Ms. Barber was named the Citizen of the Year by the Salem/Roanoke County Chamber of Commerce at their Annual Dinner Meeting on March 13, 2003; and WHEREAS, Ms. Barber has served her community with active leadership and involvement in many organizations including the American Cancer Society, Habitat for Humanity, the Roanoke Valley Speech and Hearing Center, the River Foundation and Maple Street Baptist Church; and WHEREAS, Ms. Barber is currently serving as Second Vice-President of the Roanoke Valley Chapter of the American Cancer Society and is an advocate speaker on the need for continued funding of cancer research, serving as one of the national Ambassadors at the 2002 Celebration on the Hill and speaking to approximately 60 members of Congress in February 2003; and WHEREAS, Ms. Barber’s dynamic presentations and ability to motivate have captured audiences everywhere and she is now receiving requests to speak at American Cancer Society conferences and events through the United States; and 247 March 252003 , WHEREAS, the Board wishes to congratulate Ms. Barber and commend her dedication and service to the community and the well-being of County citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of GERALDINE BRICKHOUSE Roanoke County, Virginia, does hereby congratulate BARBER for being named Citizen of the Year by the Salem/Roanoke County Chamber of Commerce; and BE IT FURTHER RESOLVED that the Board recognizes the significant contributions made by Ms. Barber to the citizens of the Roanoke Valley through her community service. On motion of Supervisor Flora motion to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church (b) Detective Brian Scott Horne for being named Police Officer of the Year R-032503-3 Chairman McNamara presented the resolution of congratulations to Detective Horne. Debbie Kavitz, Executive Director of the Salem/Roanoke County Chamber of Commerce, and Chief of Police Ray Lavinder were also present. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-3 OF CONGRATULATIONS TO BRIAN SCOTT HORNE FOR BEING NAMED POLICE OFFICER OF THE YEAR BY THE SALEM/ROANOKE COUNTY CHAMBER OF COMMERCE 248 March 252003 , WHEREAS, Brian Scott Horne, a graduate of East Tennessee State University, has been employed since 1994 as a Detective in the Roanoke County Police Department; and WHEREAS, Detective Horne was named the Police Officer of the Year by the Salem/Roanoke County Chamber of Commerce at their Annual Dinner Meeting on March 13, 2003; and WHEREAS, Detective Horne’s dedication and tenacity in his investigations also led to his selection as Detective of the Year by his peers in the Criminal Investigations Division of the Roanoke County Police Department; and WHEREAS, beginning in 1997, Detective Horne served in the Roanoke County Vice/Narcotics Unit, being promoted in February 2000 to Police Officer II and later that same year, promoted to Detective assigned to the white-collar crime unit; and WHEREAS, Detective Horne has worked for the past two years in the Fraud Unit investigating various white-collar crimes, check crimes that include forgery and uttering, credit card fraud, and identity theft investigations; and WHEREAS, Detective Horne worked a total of 141 related fraud cases in 2001 with approximately 16 identity theft offenses; and in 2002, he worked 198 related fraud cases with approximately 20 identity theft offenses; and WHEREAS, in 2002, Detective Horne had a 60% case clearance rate and has been selected by the Police Department to attend a Questioned Document Course at the Federal Law Enforcement Training Center in Glencoe, Georgia in the spring of 2003; and WHEREAS, Detective Horne in his off-duty time works as a Certified Motorcycle Instructor through the Motorcycle Safety Foundation co-sponsored by Virginia Western Community College, and as a basketball and baseball referee for the City of Salem Youth Sports. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of BRIAN SCOTT HORNE Roanoke County, Virginia, does hereby congratulate for being named Police Officer of the Year by the Salem/Roanoke County Chamber of Commerce; and BE IT FURTHER RESOLVED that the Board expresses its appreciation to Detective Horne for the significant contributions that he makes to the safety and well- being of all County citizens. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church (c) Cynthia Sheppard for being named Educator of the Year 249 March 252003 , R-032503-4 Chairman McNamara presented the resolution of congratulations to Ms. Sheppard. Debbie Kavitz, Executive Director of the Salem/Roanoke County Chamber of Commerce, was also present. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-4 OF CONGRATULATIONS TO CYNTHIA SHEPPARD FOR BEING NAMED EDUCATOR OF THE YEAR BY THE SALEM/ROANOKE COUNTY CHAMBER OF COMMERCE WHEREAS, Cynthia Sheppard, a graduate of Roanoke College, has been a dedicated teacher employed by Roanoke County Schools for twenty-five years; and WHERAS, Ms. Sheppard taught fourth and fifth grades at Mason’s Cove Elementary School for twenty years and moved to Northside Middle School in 1998 where she teaches seventh grade Civics and Economics; and WHEREAS, Ms. Sheppard is involved in the following educational projects: Educational Foundation Scholarship for Champions are Heroes; collaborative teaching; differentiated instruction; Motivating Today’s Learner by using Involvement Strategies; and positive reinforcement to encourage study skills; and WHEREAS, Ms. Sheppard serves as sponsor of IMPACT, a student led Christian group; Chairman of the American Education Week Committee, and is a Roanoke County Schools Federal Credit Union Representative; and WHEREAS, Ms. Sheppard is a member of Ridgewood Baptist Church and the Salem Fine Arts Commission. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of CYNTHIA SHEPPARD Roanoke County, Virginia, does hereby congratulate for being named Educator of the Year by the Salem/Roanoke County Chamber of Commerce; and 250 March 252003 , BE IT FURTHER RESOLVED that the Board expresses its appreciation to Ms. Sheppard for her dedication and commitment to her profession and educating the youth of Roanoke County. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 3. Certificates of recognition to the 2002 Police Department Employees of the Year. Chairman McNamara and Ray Lavinder, Chief of Police, presented certificates of recognition to the following individuals who were recognized as the 2002 Police Department Employees of the Year: Roanoke County Police Department Officer of the Year Detective Scott Horne Uniform Division Platoon Officers of the Year Officer Tim VanMarter Officer Chris Kuyper Officer Steve Short Traffic Officer of the Year Officer Billy Smith Uniform Division Rookie of the Year Officer Wes Campbell Uniform Division Platoon Rookie of the Year Officer Travis Akins Officer Brian Blankenship Officer Wes Campbell Criminal Investigations Division Detective of the Year Detective Scott Horne 251 March 252003 , Communication Officer of the Year Jessica Dotson Platoon Communication Officers of the Year Susan Smith Jessica Dotson Beth Clemson School Resource Officer of the Year Officer Cindy Jancso Community Service Officer of the Year Officer Kenneth Broughman Civilian Employee of the Year Tess Graham IN RE: NEW BUSINESS 1. Request to adopt the following tax rates for calendar year 2003: (Brent Robertson, Budget Director) Real Estate tax rate of $1.12 per $100 assessed (a) valuation O-032503-5 Mr. Robertson reported that the real estate tax rate for the twelve-month period beginning January 1, 2003, and ending December 31, 2003, was advertised on February 25 and March 4, 2003 at $1.12 per one hundred dollars assessed valuation. He stated that the public hearing for citizen comment on the advertised tax rate was held on March 11, 2003. Staff recommends that the real estate tax rate again be established at the rate of $1.12 per one hundred dollars assessed valuation for the 2003 252 March 252003 , calendar year. There was no discussion on this matter. Supervisor Minnix moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church ORDER 032503-5 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2003 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2003, and ending December $1.12 31, 2003, be, and hereby is, set for a tax rate of per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Minnix to adopt the Order setting the real estate tax rate at $1.12, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church Personal Property tax rate of $3.50 per $100 assessed (b) valuation O-032503-6 Mr. Robertson stated that the personal property tax rate for the twelve- month period beginning January 1, 2003, and ending December 31, 2003, was advertised on February 25 and March 4, 2003 at $3.50 per one hundred dollars 253 March 252003 , assessed valuation. He stated that the public hearing for citizen comment on the advertised tax rates was held on March 11, 2003. Staff recommends that the personal property tax rate again be established at the rate of $3.50 per one hundred dollars assessed valuation for the 2003 calendar year. There was no discussion on this matter. Supervisor Minnix moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church ORDER 032503-6 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2003 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2003, and ending December 31, 2003, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1- 3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans. 254 March 252003 , 3. That the levy for the twelve-month period beginning January 1, 2003, and fifty (50%) percent ending December 31, 2003, be, and hereby is, set at of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Minnix to adopt the Order setting the personal property tax rate at $3.50, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church (c) Machinery and Tools tax rate of $3.00 per $100 assessed valuation O-032503-7 Mr. Robertson stated that the machinery and tools tax rate for the twelve- month period beginning January 1, 2003, and ending December 31, 2003, was advertised on February 25, and March 4, 2003 at $3.00 per one hundred dollars assessed valuation. The public hearing for citizen comment on the advertised tax rate was held on March 11, 2003. Staff is recommending that the machinery and tools tax rate be established at $3.00 per one hundred dollars assessed valuation for the 2003 calendar year. There was no discussion on this matter. Supervisor Minnix moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None 255 March 252003 , ABSENT: Supervisor Church ORDER 032503-7 SETTING THE TAX LEVY ON A CLASSIFCATION OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2003 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2003, and $3.00 ending December 31, 2003, be, and hereby is, set for a tax rate of per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Minnix to adopt the Order setting the machinery and tools tax rate at $3.00, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 2. Request to revise ambulance transport fee schedule and provide for an effective date. (Dan O’Donnell, Assistant County Administrator) R-032503-8 Mr. O’Donnell reported that In February 2003, the Board of Supervisors approved the creation of ten additional firefighter/paramedic positions to provide the following: three positions for the Catawba station, three positions for the Hollins station, and permanently fund four positions at the Mason’s Cove station. At that time, the 256 March 252003 , Board was informed that this staffing would create a deficit of $185,000. In order to address this shortfall, staff is recommending that the Board of Supervisors approve an adjustment to the ambulance transport fee schedule. Mr. O’Donnell reviewed Chart A, shown below, which provides a breakdown of who will be impacted by this change. As indicated in the chart, approximately 95% of County citizens have some type of insurance coverage for this fee and will not directly incur additional expenses. Chart A -Who is Paying? PayerPercentage Medicare67% Anthem (Trigon)13% Other Commercial Insurance13% Private Pay (Self Pay)4% Medicaid2% All Other1% Total100% Mr. O’Donnell reviewed Chart B, shown below, which illustrates the proposed fee schedule options. 257 March 252003 , Chart B -Ambulance Rates Type of Roanoke CountyRoanokeMedicare TransportCurrentCityMaximumProposed ALS Transports$290.00$310.00$324.03$310.00 ALS 2 Transports$290.00$440.00$468.99$440.00 BLS Transports$145.00$265.00$272.86$265.00 Mileage$5.00$9.00$5.475.47* *Maximum to continue to stay at $75.00 Mr. O’Donnell stated that a shortfall of $185,000 was originally projected for fiscal year 2003-2004. The amount of funds generated by this proposal to offset the deficit will depend directly on the option approved. He reviewed Chart C, shown below, which illustrates the fiscal impact of each option presented. Chart C -Net Collections •Projected net collections FY 02 –03 -$953,200 Option 1Option 2Option 3 No Proposed Medicare Fiscal YearChangeRatesMaximum FY 03 -04 Increase$27,000.00$143,500.00$157,000.00 258 March 252003 , Annie Krochalis, 9428 Patterson Drive, stated that she is aware of budgetary constraints, but she still has concerns about the ability to meet staffing needs. She also requested that the Board implement a public information campaign to make citizens aware that the fee for ambulance transport should not prevent them from calling for an ambulance if they are in need. She stated that the County has been true to their word in working with individuals who cannot afford to pay the fee. Supervisor Flora moved to approve option #2 (Adjust the current rate schedule to reflect the same rates as Roanoke City and keep County mileage rates within the maximum amount allowed by Medicare. The County will continue to cap mileage billing at a maximum of $75. This would generate approximately $143,500, leaving a gap of $41,200 in the fire and rescue budget for fiscal year 2003-2004.) and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-8 ADOPTING A REVISED SCHEDULE OF AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as an addition to the Roanoke County Code on May 22, 2001, which established the legal structure for providing emergency medical transport services and accompanying fees as provided for by the Code of Virginia; and WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2 Administration of the Roanoke County Code, provides that the Board of Supervisors, by resolution, may establish reasonable fees for the provision of emergency medical 259 March 252003 , services by all emergency medical service personnel, whether provided by volunteers or public employees, upon the recommendation of the County Administrator and the Chief of Fire and Rescue; and WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001, which resolution was revised on March 26, 2002 by Resolution 032602-2, upon the joint recommendation of the County Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees for the provision of various levels of emergency medical services, including mileage fees for vehicles; and WHEREAS, the U. S. Department of Health and Human Services has issued regulations, effective April 1, 2002, which establish a fee schedule for the payment of ambulance services under the Medicare program based upon specific codes or categories of ambulance services which must be complied with to receive Medicare reimbursements. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The fees which shall be charged by the County of Roanoke for the following described emergency medical services provided by Roanoke County owned, operated, funded, housed or permitted emergency vehicles shall be as follows: Advanced Life Support (ALS) 1 Emergency $310.00 Advance Life Support (ALS) 2 Emergency $440.00 Basic Life Support (BLS) Emergency $265.00 Mileage: $5.47 per mile with a maximum charge of $75.00. 2. No recipient of ambulance service who cannot afford to pay the ambulance transport fees will be required to do so. 3. This resolution shall be in full force and effect on and after April 1, 2003. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first readings and set the second readings and public hearings for April 22, 2003. He also requested that staff provide the items he had previously requested pertaining to the Cotton Hill Land Co., LC rezoning in 260 March 252003 , the agenda packet when this matter is returned for a second reading. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 1. First reading of an ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for the development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC . 2. First reading of an ordinance to obtain a Special Use Permit to operate a used automobile dealership on .57 acres located at 406 Dexter Road, Hollins Magisterial District, upon the petition of Jeff Montgomery. 3. First reading of an ordinance to obtain a Special Use Permit to operate a private stable on 13.460 acres located at 5800 Huntridge Road, Hollins Magisterial District, upon the petition of Maurice Lucas. 4. First reading of an ordinance to obtain a Special Use Permit to construct and operate a car wash located at 7005 Williamson 261 March 252003 , Road, Hollins Magisterial District, upon the petition of Graham Family Limited Partnership. 5. First reading of an ordinance to amend the Roanoke County Zoning Ordinance Section 30-93 Signs upon the petition of the Roanoke County Planning Commission. 6. First reading of an ordinance to amend the Roanoke County Zoning Ordinance Section 30-53, C-1 Office District, to include personal services as a Permitted Use, upon the petition of the Roanoke County Planning Commission. IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance enacting Section 2-8. Booking Fee for Individuals Incarcerated in the Roanoke County Jail. of the Roanoke County Code to authorize a $25.00 booking fee for administrative processing of prisoners into the Roanoke County jail. (Brent Robertson, Budget Director) Mr. Robertson reported that Virginia Code Section 15.2-1613.1 authorizes local governments to impose and collect fees of up to $25 to cover the cost of booking prisoners into the jail. This legislation was adopted by the General Assembly to allow local governments the recovery of additional costs involved in the collection of DNA samples, criminal history checks for the Magistrate on all arrestees, and pre- arraignment investigations. The fees will be collected by the Clerk of the Court as an 262 March 252003 , additional court cost and remitted to the County of Roanoke. The use of these fees is not restricted by state code for a particular use. Mr. Robertson stated that based on the number of bookings at the jail for the prior year, it is estimated the $25.00 booking fee will generate approximately $120,000. The implementation of these fees will approximately offset the reduction in reimbursements for Constitutional Officers from the State Compensation Board for fiscal year 2004. Supervisor Minnix commended Sheriff Holt for determining a way to have the individuals who contribute to the financial problem pay for the cost. He stated that this is a wise decision which will relieve some of the financial tensions and fairly distribute the financial burden. Supervisor Minnix moved to approve the first reading and set the second reading and public hearings for April 8, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 2. First reading of an ordinance enacting Section 2.9. Court Costs for Courthouse Security. of the Roanoke County Code to authorize a $5.00 court cost for individuals convicted in Roanoke 263 March 252003 , County courts to fund courthouse security personnel. (Brent Robertson, Budget Director) Mr. Robertson reported that Virginia Code Section 53.1-120 authorizes the adoption of an ordinance by localities for the assessment of a fee of $5 for each criminal and traffic conviction in our courts. This legislation was adopted by the General Assembly to enable localities the opportunity to provide a minimum of courthouse security that will be funded by the offender and not the general taxpayers. The adoption of this ordinance will provide for the employment of four (4) additional deputies for the purpose of security in the Roanoke County Courthouse. Mr. Robertson stated that if the County’s ability to collect this fee is prohibited or restricted by the state in the future, the Sheriff’s budget (related staffing) will be adjusted proportionately. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for April 8, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 3. First reading of an ordinance amending Article III, Sewer Use Standards, Chapter 18 of the Roanoke County Code of 1985. (Gary Robertson, Utility Director) 264 March 252003 , Mr. Robertson stated that in December 2002, the City of Roanoke revised their sewer use standards at the request of the Department of Environmental Quality (DEQ). The changes are clarifications of existing requirements for both administrative and technical procedures of wastewater sampling. According to the contract with the City of Roanoke, Roanoke County’s sewer standards are to match the City’s standards and Roanoke City has requested that these changes be made. Supervisor McNamara moved to approve the first reading and set the second reading for April 8, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 4. First reading of an ordinance authorizing the dedication of a County well lot at Whispering Pines Park for the benefit of the Virginia Department of Health, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation & Tourism) In the absence of Mr. Haislip, Mr. Hodge reported that the well lot is to be used for a recreational program at Whispering Pines Park where restroom facilities are to be installed. Mr. Mahoney stated that Health Department regulations require a protective area around the well to prevent potential contamination to the well site. Supervisor Minnix moved to approve the first reading and set the second reading for April 8, 2003. The motion carried by the following recorded vote: 265 March 252003 , AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 5. First reading of an ordinance authorizing and financing the Roselawn sanitary sewer extension, and authorizing the acquisition of easements either by donation or by purchase, Windsor Hills Magisterial District. (Gary Robertson, Utility Director) Mr. Hodge stated that this is a complicated issue that has necessitated meetings with the residents of the neighborhood. He stated that the willingness to work with the citizens has enabled a successful resolution to this matter, and he indicated that County staff has received final documents signed by all the interested parties in this matter. Mr. Robertson reported that this ordinance would authorize construction of the sanitary sewer project and acquisition of the necessary easements. The sewer line would serve approximately 700 acres of property located along Roselawn Road which is currently undeveloped, served by a septic system, or served by a pumping station which Roanoke County maintains. Mr. Robertson stated that the County has recently received plans for two private developments that would serve 91 and 40 lots. Each of these developments anticipates installing pumping stations. As an alternative to constructing two new lift stations, County Utility Department personnel have defined a 4,700 foot 266 March 252003 , gravity sewer route that would allow the de-commissioning of the existing lift station and provide gravity sewer service to the two proposed developments. In addition extension of the gravity sewer would also make sewer petition projects more economically feasible for approximately 130 existing residential lots in the areas with a history of private septic difficulties and provide sewer service to the ultimate development of this drainage area. The estimated cost of the off-site extension, including easements, would be $395,000. Mr. Robertson stated that should the project be approved, Boone, Boone & Loeb would contribute $205,000 and B&B Builders would contribute $130,000 for a total of $335,000. This would leave a balance of $60,000 to be funded by Roanoke County from the Off-Site Facilities Fund. The Off-Site Facilities Fund is solely financed by connection fees paid by developers and other utility customers. These monies are used to fund major infrastructure improvements such as main line extensions and treatment facilities. Mr. Robertson indicated that one of the primary reasons that County staff would like to proceed with the gravity sewer line is that the average annual operating costs of a sewer lift station are approximately $7,000 to $9,000. The cost of eliminating the three pump stations would be recovered in less than three years. Mr. Robertson recommended approval of the project with the following conditions: (1) The B&B development will be limited to a maximum of 40 residential lots. (2) The agreement between B&B Development and Boone, Boone & Loeb pertaining to the Greenway and minimum setback requirements be recorded and become part of this agreement in perpetuity. Recordation of the agreement shall take 267 March 252003 , place within 30 days of the approval. Mr. Robertson stated that staff also recommends funding the project in the amount of $395,000 and that acquisition of easements be approved for the following properties: 86.01-2-19.5 86.01-2-19.6 86.01-2-19.7 86.01-2-1.2 86.01-1-8 86.01-1-7 86.01-1-6 86.01-1-5 86.01-1-4 86.07-1-4 86.11-4-13 86.07-3-34 86.07-3-26 86.07-3-27 86.11-4-48 86.01-2-3 86.01-2-1 86.11-4-27 86.01-1-1.16 Due to time constraints for construction, it was recommended that the second reading of this ordinance be waived. Supervisor McNamara thanked Mr. Robertson, Mr. Hodge and the Department of Community Development for their assistance in resolving this issue. He also thanked the residents of Canterbury Park for their assistance. He stated that the densities allowed in the County Code under R-1 zoning are an issue that the Board needs to address in the Comprehensive Plan. He indicated that the roads cannot support the development currently permitted by law, and there is no readily available solution to the problem. He stated that installation of well and septic in this proposed development was not feasible, and maintaining three pump stations was also not a reasonable solution. Supervisor McNamara moved to adopt the ordinance with conditions and waive the second reading. He stated that the second reading was being waived due to the time constraints for construction and he emphasized that all the interested parties 268 March 252003 , who would be affected by this ordinance have been notified. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church ORDINANCE 032503-9 AUTHORIZING AND FINANCING THE ROSELAWN SANITARY SEWER EXTENSION, AND AUTHORIZING THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE WHEREAS, an area containing approximately 700 acres of property located in a drainage area along Roselawn Road (including a majority of the Wexford, Homewood, and Steeplechase subdivisions) is currently being served by either a private septic or a sewer lift station operated and maintained by Roanoke County; and WHEREAS, the proposed development of Stone Manor subdivision (91 total lots) in this drainage area will require the installation of a second sewer lift station and force main in this drainage area at a cost of $125,000; and WHEREAS, the proposed development of a single-family residential development (50 total lots) along Two Ford Road will also require the installation of a third sewer lift station and force main in this drainage area at a cost of $80,000; and WHEREAS, the Utility Department staff has defined a 4,700 lineal foot gravity sewer route that would allow the de-commissioning of the existing lift station and provide gravity sewer service to the two proposed development at an estimated cost of $395,000; and WHEREAS, upon approval of the project, Boone, Boone & Loeb would be required to contribute $125,000 plus 50% of the sewer off-site facility fees in the amount of $80,000 to this project; and WHEREAS, also upon approval of the project, B & B Builders would be required to contribute $80,000 plus 50% of the sewer off-site facility fees in the amount of $50,000 to this project; and WHEREAS, the extension of the public sewer system will alleviate a critical public health and safety problem; and WHEREAS, the first reading of this Ordinance was held on March 25, 2003, and the second reading was waived pursuant to Section 18.04 of the Roanoke County Charter. 269 March 252003 , BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board authorizes and approves the construction of a public sanitary sewer extension project for a portion of Roanoke County along Roselawn Road. The total construction cost of this public sewer project is estimated to be $395,000, to be initially financed as follows: Boone, Boone & Loeb ($125,000 plus $80,000) $205,000 B & B Builders ($80,000 plus $50,000) $130,000 Sewer Fund Unappropriated Balance $ 60,000 Total $395,000 That the funds contributed by Boone, Boone & Loeb and B & B. Builders are hereby accepted and appropriated for this project. That there is hereby appropriated for this project the sum of $60,000 from the Sewer Fund Unappropriated Balance. 2. That the Board authorizes and approves this sanitary sewer extension project upon the following conditions: (i) The B&B development will be limited to a maximum of 40 residential units. (ii) The agreement pertaining to the Declaration of Restrictions between B&B Builders, Inc. and Boone, Boone & Loeb, Inc. dated March 20, 2003, shall be recorded among the land records of Roanoke County within 30 days of the adoption of this ordinance. 3. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Roselawn Road Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 3 of this ordinance, is hereby authorized across the following properties, referenced by tax map number: 86.01-2-19.5 86.01-2-19.6 86.01-2-19.7 86.01-2-1.2 86.01-1-8 86.01-1-7 86.01-1-6 86.01-1-5 86.01-1-4 86.07-1-4 86.11-4-13 86.07-3-34 86.07-3-26 86.07-3-27 86.11-4-48 86.01-2-3 86.01-2-1 86.11-4-27 4. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 270 March 252003 , 5. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 6. That the County Administrator, or an Assistant 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 McNamara to adopt the ordinance with conditions, waive the second reading, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church IN RE: APPOINTMENTS 1. Roanoke Valley Greenway Commission Supervisor McNamara nominated Charles A. Blankenship to serve an additional three-year term expiring on April 8, 2006. IN RE: CONSENT AGENDA R-032503-10; R-032503-10.b Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA 271 March 252003 , BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for March 25, 2003 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of minutes – March 11, 2003 2. Confirmation of appointment to the Commission for Senior and Challenged Citizens (Appointed by District) 3. Request to accept 0.15 miles of Roselawn Court into the State Secondary System 4. Request to accept donation of a deed of easement from J. Milton Miller, Cave Spring Magisterial District 5. Request to accept and appropriate Title III funds in the amount of $10,238 to support educational programs for students with limited English proficiency 6. Request to accept donation of sewer and temporary construction easement located along the northern right of way line of Buck Mountain Road, Cave Spring Magisterial District 7. Request to accept donation of a drainage easement on Lot 7, Block 1, Section 1, Glenvar East Subdivision, in the Catawba Magisterial District, from Patricia A. Lowe 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church RESOLUTION 032503-10.b REQUESTING ACCEPTANCE OF ROSELAWN COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition 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, 272 March 252003 , WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, 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: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Flora, Minnix, Altizer, McNamara Nays: None Absent: Supervisor Church IN RE: REQUESTS FOR WORK SESSIONS Supervisor Minnix requested a work session within the next 30-60 days to discuss citizens storing items in their yards (refrigerators, junk cars, furniture, etc.) Supervisor Flora questioned when the Board would be presented with the 2003-2004 budget. Mr. Hodge advised that this matter would be brought to the Board at the April 22 meeting. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Annie Krochalis, 9428 Patterson Drive, stated that she was unaware that the Cotton Hill Land Co. rezoning issue was to be placed on the Board agenda. She indicated that she was not aware of any citizen meetings being held, and questioned whether the Virginia Department of Transportation (VDOT) traffic study or the 273 March 252003 , environmental impact study had been completed. She stated that she would like to see these issues addressed, and indicated that it has been difficult for citizens to track the progress of this issue. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church 1.General Fund Unappropriated Balance 2.Capital Fund Unappropriated Balance 3.Board Contingency Fund 4.Future School Capital Reserve 5.Statement of Expenditures and Estimated and Actual Revenues for the month ended February 2003 6.Report from VDOT of changes to the secondary road system in February 2003 IN RE: CLOSED MEETING At 4:32 p.m., Supervisor McNamara moved to go into Closed Meeting following the work session pursuant to Code of Virginia Section 2.2-3711 A (3) consultation with legal counsel and briefings by staff to discuss disposition of real 274 March 252003 , estate; Section 2.2-3711 A (7) consultation with legal counsel pertaining to specific legal matters, namely performance agreement with Gold’s Gym and agreement with the Greater Roanoke Valley Development Foundation; Code of Virginia Section 2.2-3711 A (1) discussion regarding the assignment of specific public officers, appointees, or employees of the County; Section 2.2-3711 A (3) discussion regarding the disposition of the County’s interest in certain publicly held real estate, Western Hills well lot; and Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Altizer, McNamara NAYS: None ABSENT: Supervisor Church IN RE: WORK SESSIONS (4th Floor Conference Room) 4:30 P.M. 1. Work session to discuss bid proposals for renovation of Salem Office Supply building. (Anne Marie Green, Director of General Services ) The work session was held from 4:41 p.m. until 5:04 p.m. and was presented by Ms. Green. Ms. Green reported that the lowest responsive bid was $1.55 million from Loeb Construction. The price includes finishing the 2nd floor and making it ready to be sub-divided. The building contains 19,000 square feet, which would bring the price per 275 March 252003 , square foot to $82. Ms. Green stated that the bids were higher than anticipated, and staff is working with the contractor to identify areas where costs can be reduced. Proposed funding is as follows: $500,000 previously appropriated by the Board; $250,000 in the Court Services Unit budget; $600,000 in the unappropriated capital fund. This totals $1.35 million, and it is anticipated that the cost reductions will result in the bid price being lowered to $1.4 million. Ms. Green stated that staff has investigated numerous alternatives and the renovation of the Salem Office Supply building is the most economically feasible option for obtaining additional space needed by the offices in the Courthouse. It was the consensus of the Board that Ms. Green would schedule a time for the Board members to visit the site, if desired, and would prepare a packet containing proposed renovation costs and uses of the building to be distributed to the Board. IN RE: CLOSED MEETING The closed meeting was held from 5:10 p.m. until 5:35 p.m. and 6:00 p.m. until 6:45 p.m. IN RE: ARRIVAL Supervisor Church arrived at 7:00 p.m. IN RE: CERTIFICATION RESOLUTION 276 March 252003 , R-032503-11 At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 032503-11 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the Resolution and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution in memory and recognition of Roy L. Stanley for his contributions to the Roanoke Valley. 277 March 252003 , R-032503-12 Chairman McNamara and Supervisor Church presented the resolution to the following family members who were present at the meeting: Katie Miller, wife; Roy Lee Miller, father; Rhonda Rogers, sister. Also present was Mike Stevens, Sports Director at WDBJ-7. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 032503-12 IN MEMORY AND RECOGNITION OF ROY STANLEY FOR HIS CONTRIBUTIONS TO THE ROANOKE VALLEY WHEREAS, the Board of Supervisors of Roanoke County wishes to honor the memory of Roy Stanley who died on April 9, 2002, at the age of 51 following a brief illness; and WHEREAS, Roy Stanley, a native of Wytheville and a graduate of George Wythe High School, began his career as a sports reporter at Roanoke’s WDBJ-7 in 1972; and WHEREAS, Roy Stanley later served as weekend sports anchor at WDBJ-7 for nearly 20 years where he earned a reputation as one of the most popular and respected sports journalists in the Roanoke Valley, noted for his ever-present smile and positive outlook; and WHEREAS, Roy Stanley was the recipient of the Marshall Johnson Award from the Virginia High School Coaches Association for outstanding contributions to high school athletics; and WHEREAS, Roy Stanley was recently recognized by Virginia Senate Joint Resolution No. 297 for his many achievements; and WHEREAS, Roy Stanley, a dedicated family man, an outstanding citizen, and a popular sports journalist actively touched the lives of many citizens in the community, both those who knew him personally and those who knew him through his years on television. 278 March 252003 , NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board does hereby express its deepest appreciation and the ROY appreciation of the citizens of Roanoke County for the life and contributions of STANLEY ; and BE IT FURTHER RESOLVED that the Board expresses its condolences to the family and friends of Roy Stanley. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Resolution of congratulations to Roanoke County Fire and Rescue Department for receiving the Governor’s 2002 Virginia Fire Service Award for Most Outstanding Fire Department Response for their handling of the Starlight Lane tire fire. R-032503-13 Chairman McNamara presented the resolution to Chief Burch and members of the Fire and Rescue Department. Also present were Adam Thiel, Executive Director of the Department of Fire Programs and Chief Dick Steinburg, Chairman of the Virginia Fire Services Board. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 032503-13 OF CONGRATULATIONS TO ROANOKE COUNTY FIRE & RECUE DEPARTMENT FOR RECEIVING THE GOVERNOR’S 2002 VIRGINIA FIRE 279 March 252003 , SERVICE AWARD FOR MOST OUTSTANDING FIRE DEPARTMENT RESPONSE WHEREAS, on February 21, 2003, the Governor’s 2002 Virginia Fire Services Awards were announced for recipients in eight categories; and WHEREAS, the award for Outstanding Fire Department Response was given to the Roanoke County Fire & Rescue Department for their handling of the Starlight Lane tire fire; and WHEREAS, the criteria for this award was for outstanding fire department response made in the last year that demonstrated mutual aid, integration of multiple system components, interagency interfacing and cooperation, or complex assessment or rescue; and WHEREAS, on March 23, 2002, the largest illegal tire dump in Virginia, estimated to contain 3 to 4 million tires, was set on fire by arsonists. The fire began in the brush but quickly spread to the tire site. With prior knowledge of the potential public threat that existed as a result of the tire dump, a pre-incident survey plan had been conducted and was immediately implemented. Despite sustained winds of 15-22 mph, gusts recorded between 30-40 mph, and relative humidity of 14%, the fire was contained at 1,064 acres just five days later; and WHEREAS, Roanoke County’s response helped to save lives, minimize property damage and avert significant environmental contamination, and throughout this event Roanoke County displayed great cooperation with local, federal and state agencies. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of ROANOKE COUNTY FIRE & Roanoke County, Virginia, does hereby congratulate the RESCUE DEPARTMENT for receiving this most prestigious award, and expresses it appreciation for the preparedness of the department in the handling and containment of the Starlight Lane tire fire; and FURTHER, BE IT RESOLVED that the Board recognizes the significant contributions that the Fire & Rescue Department makes to the safety of all the County citizens. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to vacate an existing 20’ sanitary sewer easement crossing Lots 1, 2A, and 2B1-A of Shamrock 280 March 252003 , Industrial Park, Catawba Magisterial District. (Arnold Covey, Director of Community Development) O-032503-14 Mr. Covey reported that the first reading of this ordinance was held on March 11, 2003 and there have been no changes since that time. There was no discussion on this matter and no citizens were present to speak. Supervisor Church moved to approve alternative #2 (vacate the 20’ sanitary sewer easement crossing Lots 1, 2A, and 2B of Shamrock Industrial Park) and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 032503-14 VACATING AN EXISTING 20-FOOT SANITARY SEWER EASEMENT ON LOT 1 (TAX MAP NO. 55.09-1-20) OWNED BY PLANTATION & KANTER, LOT 2A (TAX MAP NO. 55.09-1- 20.01) OWNED BY FRALIN PROPERTIES, LLC, AND LOT 2B1-A (TAX MAP NO. 55.09-1-20.02) OWNED BY RICHFIELD RETIREMENT COMMUNITY, CREATED BY SUBDIVISION PLAT OF SHAMROCK INDUSTRIAL PARK, RECORDED IN PLAT BOOK 12, PAGE 94, AND FURTHER SHOWN ON RESUBDIVISION PLATS RECORDED IN PLAT BOOK 13, PAGE 134, PLAT BOOK 19, PAGE 86, AND PLAT BOOK 19, PAGE 87, LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled ‘PLAT OF SHAMROCK INDUSTRIAL PARK’, surveyed January 15, 1990, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 94, a twenty-foot (20') sanitary sewer easement was dedicated to the public across Lots 1 and 2; and, 281 March 252003 , WHEREAS, Lot 2 was subsequently resubdivided into Lots 2A and 2B by plat entitled ‘RL2, SHAMROCK INDUSTRIAL PARK ...’, dated May ESUBDIVISION PLAT OF OT 1, 1991, and of record in the aforesaid Clerk’s Office in Plat Book 13, page 134; and, WHEREAS, Lot 2B was subsequently resubdivided into “NL2B1-4.824 EW OT .” by plat entitled ‘RCOUNTY OF ROANOKE...’, dated July 11, ACESUBDIVISION FOR 1996, and of record in the aforesaid Clerk’s Office in Plat Book 19, page 86; and, WHEREAS, Lot 2B1 was subsequently resubdivided into “NL2B1-A– EW OT 8.770.” by plat entitled ‘RRICHFIELD RETIREMENT ACESUBDIVISION FOR COMMUNITY...’, dated October 10, 1996, and of record in the aforesaid Clerk’s Office in Plat Book 19, page 87; and, WHEREAS, the Petitioner Fralin Properties, LLC, is the current owner of Lot 2A, Shamrock Industrial Park (Tax Map No. 55.09-1-20.01); and, WHEREAS, Plantation & Kanter is the current owner of Lot 1, Shamrock Industrial Park (Tax Map No. 55.09-1-20), and Richfield Retirement Community is the current owner of Lot 2B1-A, Shamrock Industrial Park (Tax Map No. 55.09-1-20.02); and, WHEREAS, the Petitioners, Planta and Fralin Properties, LLC, have requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 20' sanitary sewer easement extending across Lot 2A; and, WHEREAS, staff recommends that the entire existing 20' sanitary sewer easement extending across Lots 1 and 2B1-A, as well as Lot 2A, be vacated; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection, there being no County facilities located or proposed to be located within the subject easement; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on March 11, 2003; the public hearing and second reading of this ordinance was held on March 25, 2003. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 20' sanitary sewer easement, extending across Lot 1, Lot 2A and Lot 2B1-A in Shamrock Industrial Park, in the Catawba Magisterial District of the County of Roanoke, being designated and shown as “C/L 20' SANITARY SEWER EASEMENT TO BE VACATED” on Exhibit A attached hereto, said easement having been dedicated to the public by subdivision plat entitled ‘PLAT OF SHAMROCK INDUSTRIAL PARK’, surveyed January 15, 1990, and recorded in the aforesaid Clerk’s Office in Plat Book 12, page 94, and being further shown on ‘RL2, SHAMROCK ESUBDIVISION PLAT OF OT INDUSTRIAL PARK ...’, dated May 1, 1991, and recorded in Plat Book 13, page 134, on plat entitled ‘RCOUNTY OF ROANOKE...’, dated July 11, 1996, and ESUBDIVISION FOR recorded in Plat Book 19, page 86, and on plat entitled ‘RRICHFIELD ESUBDIVISION FOR 282 March 252003 , RETIREMENT COMMUNITY...’, dated October 10, 1996, and recorded in Plat Book 19, page 87, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. 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 the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, 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 §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of ordinance to obtain a Special Use Permit to construct and operate a daycare on 15.652 acres located at Red Lane Extension at Interstate 81, Baptist Children's Home, Catawba Magisterial District, upon the petition of Fellowship Community Church. (Janet Scheid, Chief Planner) O-032503-15 Ms. Scheid reported that Fellowship Community Church received approval in February 2002 for a special use permit (SUP) to construct a religious assembly facility on this site. A SUP is now being requested to add a daycare center to the site designed to accommodate up to 100 children. The land use designation on this site is Development, and daycare centers are promoted in areas designated Development. The Planning Commission approved this request with a vote of 5-0. 283 March 252003 , The petitioner and the attorney for the petitioner, MaryEllen Goodlatte, were both present. Ms. Goodlatte stated that she was prepared to answer any questions and could provide site plans for the Board’s review, if desired. Supervisor Church stated that this request is a perfect fit for the community, and indicated that the Planning Commission’s approval with a vote of 5-0 is a reflection of the planning and involvement that occurred with the surrounding community. There were no citizens present to speak on this matter. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 032503-15 GRANTING A SPECIAL USE PERMIT TO FELLOWSHIP COMMUNITY CHURCH TO CONSTRUCT AND OPERATE A DAYCARE TO BE LOCATED ON 15.652 ACRES AT RED LANE EXTENSION AT INTERSTATE 81, BAPTIST CHILDREN’S HOME (TAX MAP NO. 45.02-1-15), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Fellowship Community Church has filed a petition for a special use permit to construct and operate a daycare to be located on 15.652 acres at Red Lane Extension at Interstate 81 (Tax Map No. 45.02-1-15) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 4, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 25, 2003; the second reading and public hearing on this matter was held on March 25, 2003. 284 March 252003 , NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Fellowship Community Church to construct and operate a daycare to be located on 15.652 acres at Red Lane Extension at Interstate 81, Baptist Children’s Home (Tax Map No. 45.02-1- 15) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of 15.2-2232 of the 1950 Code of Virginia, ' as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: FUNDING REQUESTS FOR FISCAL YEAR 2003-2004 BUDGET 1. Fire and Rescue Volunteer Chiefs Board Chief Burch introduced Dennis Furrow, Vice-Chairman of the Volunteer Rescue Chiefs Board, and Chief Woodie Henderson, Chairman of the Volunteer Fire Chiefs Board. Chief Henderson thanked the Board for their previous support and asked that in the coming year, consideration be given to building and vehicle maintenance issues. In addition, he requested that the County consider the feasibility of opening a fire and rescue apparatus shop. Mr. Furrow conveyed his appreciation for the Board’s generous support which has enabled equipment upgrades, repairs to facilities, and placement of staffing in key areas. 285 March 252003 , 2. Social and Human Service Agencies Chairman McNamara advised that this time has been set aside for human and social service agencies to submit funding requests to the Board for the 2003-2004 budget. He noted that agencies will be called upon to speak in reverse alphabetical order. The following representatives spoke on behalf of their agencies: (1) Colleen Carrell, Trust House, requested $8,000; (2) Ellen L. Brown, Total Action Against Poverty (TAP), requested $21,000 for the Transitional Living Center and $31,500 for TAP; (3) Pamela Irvine, Southwestern Virginia Second Harvest Food Bank, requested $5,000; (4) Darlene Young, Salvation Army; (5) Michael Chandler, Salem/Roanoke County Community Food Pantry; (6) Daren Gunter, Roanoke Valley Interfaith Hospitality Network, requested $9,000; (7) Kathy Ryder, Roanoke Area Ministries (RAM), requested $3,000; (8) Pat Dillard, Presbyterian Community Center, requested $2,500; (9) Kirk Ballin, National Conference for Community and Justice, was ill and unable to remain at the meeting but requested that the Board continue the current level of funding; (10) Diane Kelly, Mental Health Association of Roanoke Valley, requested $1,000; (11) Floyd Addison, Literacy Volunteers of America – Roanoke Valley, requested $1,000; (12) Susan Williams, League of Older Americans (LOA); (13) Karen Mason, Habitat for Humanity – Roanoke Valley, requested that the Board co-sponsor a Habit house which would cost $12,500; (14) Willma Conner, Fifth District Employment and Training Consortium, requested $3,500; (15) Pam Kestner-Chappelear, Council of Community Services, requested $3,150; (16) Margaret Beazley, Conflict Resolution 286 March 252003 , Center; (17) Jay Whitmore, CHIP of Roanoke Valley, requested $20,960; (18) Jenny Lee, Children’s Advocacy, requested $3,500; (19) Bob Heath, Bradley Free Clinic; (20) John Whitfield, Blue Ridge Legal Services, Inc., requested $3,732; (21) Rita Gliniecki, Blue Ridge Behavioral Healthcare, requested $127,478; (22) Maryanne Chamberlain, Bethany Hall, Inc., requested $20,075; (23) Tom Brown, American Red Cross, requested $4,000; (24) Jeremy Long, Alzheimer’s Association, requested $5,000; (25) David Murray, Adult Care of Roanoke Valley; and (26) June House, Big Brothers/Big Sisters. IN RE: PUBLIC HEARINGS 1Public hearing to receive citizens comments on the Secondary . System Six-Year Construction Plan for fiscal year 2003 through 2009 and the allocation of funds for fiscal year 2003-2004. (Arnold Covey, Director of Community Development) Mr. Covey reported that in accordance with Section 33.1-70.01 of the Code of Virginia, as amended, the Board of Supervisors is required to conduct a public hearing on the Secondary Road System Six-Year Construction Plan to receive public comments. He stated that the plan was developed jointly with the Virginia Department of Transportation (VDOT) and County staff. The projects identified are the result of reviewing the current construction plan and requests received by both County citizens and the Board of Supervisors during the past year. Mr. Covey stated that the plan was presented to the Board at a work session on February 25, 2003. 287 March 252003 , The County of Roanoke received $2.5 million in 2002-2003 which was cut by the Commonwealth Transportation Board (CTB) by $1.5 million due to the state-wide budget problems experienced by VDOT. Roanoke County’s budget for fiscal year 2003- 2004 is approximately $3.2 million and will be distributed among County-wide items, rural addition projects, and incidental construction (these items are handled through the revenue sharing program). Mr. Covey stated that the bulk of Roanoke County’s funding will be allocated to the following numbered projects: Hardy Road, Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain Road, GlenMary Drive, Cotton Hill Road, Mountain View Road, Boones Chapel Road, Catawba Creek Road, Dry Hollow Road, Merriman Road, John Richardson Road, Kings Brothers Road, and Rocky Road. Two additional projects which were added to the six-year road plan but are not funded were Garman Road and Shadwell Drive/Old Mountain Road. Mr. Covey noted that there were many projects which were not added to the plan due to insufficient funding. He stated that upon conclusion of the public hearing, staff will make final adjustments, if necessary, and resubmit this matter to the Board at the April 8 meeting for adoption. Jeff Echols, representative from VDOT, was present at the meeting. There were no citizens present to speak on this issue. 288 March 252003 , IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Kris Peckman, and Bob Egbert, a resident of the Hollins District, 3571 Bradshaw Road, spoke in support of a rail alternative for Interstate 81. They indicated that the proposals submitted by Star Solutions and Fluor Virginia do not address the issue of increasing truck traffic which contributes to diesel pollution, our non-attainment status, noise pollution, accidents, and hazardous waste spills. It was recommended that a rail alternative would address these issues, and support in the form of a resolution adopted by the Board was requested. In response to inquiries from Supervisor Minnix, both Ms. Peckman and Mr. Egbert indicated that Delegates Griffith and Edwards had been contacted regarding this alternative, as well as the Virginia and U.S. Secretaries of Transportation. Mr. Egbert reported that the cost of the full upgrade would be at least $2.4 billion. A partial start to the upgrade could be implemented for $200 million and would be payable through a rail authority bond issue. Michael Roop, 3033 Bonsall Lane, spoke on behalf of the Brotherhood of Locomotive Engineers, Division 301. He voiced his opposition to Norfolk Southern’s practice of using remote control technology for switching trains within yard limits. He stated that some terminals contain public crossings within the yard limits, and remote control operators are only required to receive 40 hours of training. He requested that the Board adopt a resolution banning remote control operations. 289 March 252003 , Supervisor Church questioned if the recent accidents which have occurred at railroad crossings involved remote control technology. Mr. Roop stated that they did not involve this technology and he could not comment on the causes of those collisions. Paul Paxton, 973 Shelbourne Avenue, stated that as a locomotive engineer, he initially received three years of training. He stated that remote control operators have no idea where the engine is that is being operated because it may be 50 to 100 cars away from the operator. He indicated that this is a very unsafe condition. Supervisor Altizer questioned if the remote control operations involve the use of a joystick to operate trains that could potentially be carrying hazardous materials, coal cars, etc. He asked if the individual could operate anything inside the locomotive. Mr. Myers responded that the individual is able to operate everything inside the locomotive via a remote control belt pack. Mr. Roop reported that there are no restrictions regarding the type of cars that can be handled and that a fail safe system has been developed and is being tested. Gary Myers, 3314 Chestnut Mountain Circle, stated that it is important that Norfolk Southern cease operation of remote control technology until safety considerations have been met. He voiced concern over the increased risk of accidents and the inadequate training required for remote control operators. It was the consensus of the Board that Mr. Mahoney would research this matter to determine if the County has any authority or jurisdiction. 290 March 252003 , IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: He reported that his secretary, Dreama Dillard, had passed away unexpectedly today. He conveyed his sympathies to the family members. Supervisor McNamara: He extended his condolences to Supervisor Church and Ms. Dillard’s family. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 9:36 p.m. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman