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11/19/1996 - Regular November 19, 1996 765 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 19, 1996 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, 1996. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3: 00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given the Reverend J"ohn Hawn, st. Mark's Lutheran Church. The Pledge of Allegiance was recited by all present. 7 ,,==.. ~~._.-. ... ---. - -~.'-- November 19. 1996 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added an Executive Session Item pursuant to Section 2.1-344 A (7) legal matter concerning condemnation, eminent domain proceedings, Vest property. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation declaring the week of November 17 - 23. 1996 as American Education Week in Roanoke County. Chairman Johnson presented the proclamation to Tom Leggette, Chair, Roanoke County School Board¡ Dr. Deanna Gordon, School Superintendent¡ Butch Kelly, President of Roanoke County Education Association¡ and Kit Reavis, American Education Week Representative for RCEA. Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Recognition of Roanoke county Today staff for receiving 1996 Virginia Municipal League (VML) Communications Achievement Award. Chairman Johnson presented the award to Anne Marie Green, Director of Community Relations, and Angie McPeak, November 19, 1996 767 coordinator, Cable Television Government Access. ~ Recognition of Brian Duncan for receiving the 1996 outstanding Young Volunteer Fund Raiser Award. Chairman Johnson presented Mr. Duncan with a certificate of Recognition. IN RE: NEW BUSINESS k Request to readopt a Public Private partnership Policy. (Tim Gubala. Economic Development Director) (CONTINUED FROM OCTOBER 22. 1996) A-111996- 1 Mr. Gubala advised that the policy has been revised to include the changes suggested by the Board members at the October 22, 1996 meeting. The evaluation criteria has been reviewed and refined¡ and the policy now includes that new businesses, existing business expansions, and small businesses shall be treated in the same manner. He asked that the policy be adopted. Supervisor Eddy pointed out several changes which he felt would further define the policy and it was the consensus of the Board that these editorial changes be made. Supervisor Nickens moved Supervisor Eddy's editorial changes. following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson to adopt the policy with The motion carried by the 7b8 November 19, 1996 - . - NAYS: None .2...... Request to accept and appropriate $460.000 from the Virginia Economic Development Partnership opportunity Fund for R. R. Donnel1ey , Sons Company. (Brian Duncan. Economic Development Assistant Director) A-111996-2 Mr. Duncan advised that when the Board approved a Public Private Partnership with R.R. Donnelley & Sons Company earlier this year, it was understood that $450,000 would be contributed by the Virginia Economic Development Partnership. This check has been received and he asked that staff be authorized to issue a check to R.R. Donnelley & Sons Company in that amount. There was no discussion. Supervisor Harrison moved to accept and appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request for approval and an appropriation to execute a mUlti-party agreement to provide for the construction of a shell building and public infrastructure improvements at Valley Gateway. (Tim Gubala. Economic Development Director) November 19, 1996 769 A-111996-3 Mr. Gubala advised that this is a complex project involving execution of a mUlti-party agreement for the construction of a shell building at Valley Gateway. The agreement proposes that Fralin & Waldron will make available a 16.2 acre tract; Roanoke County will purchase the land for $15,000 per acre and deed it through the Industrial Development Authority to the Greater Roanoke Valley Development Foundation; and the Foundation will construct a 75,000 square foot, expandable shell building and make it available to industrial prospects seeking to locate in the Roanoke Valley. The County will pay for the site when a qualified industrial user with a $10 Million investment in real estate purchases the building. Fralin & Waldron will provide the right of way for construction of an industrial access road that will serve the shell building and other commercial and industrial tracts in Valley Gateway and the $200,000 costs will be shared by the County and Fralin & Waldron. When a contract for a qualified commercial prospect has been obtained, the County will extend the sewer line along Carson Road to this site, and the cost will be covered by the payback anticipated by the commercial development. Supervisor Johnson moved to approve the staff recommendation to appropriate $599,250 from the unappropriated balance and authorize the County Administrator t:o execute the multi-party agreement. The motion carried by the following 77-0 November 19, 1996 - - recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .L. Request to apply to the virginia Department of Transportation for Industrial Access Funds for Valley Gateway. (Tim Gubala. Economic Development Director) R-111996-4 Mr. Gubala advised that staff is proposing to apply for $200,000 of industrial access road funding from VDOT to construct an access road to Valley Gateway which is a 105 acre commercial and industrial tract in the Route 460 corridor in eastern Roanoke County. The road will be constructed by the summer of 1997. There was no discussion. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111996-4 SUPPORTING REQUEST FOR INDUSTRIAL ACCESS FUNDS FOR VALLEY GATEWAY WHEREAS, Fralin & Waldron has acquired 75+ acres located in the County of Roanoke for the purpose of industrial development; and WHEREAS, this property known as Valley Gateway is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and November 19, 1996 m WHEREAS, the subject property has no access to a public street or highway and will require the construction of a new roadway to connect with Challenger Avenue (Route U.S. 460); and WHEREAS, the County of Roanoke hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED THAT THE ROANOKE COUNTY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT THE ROANOKE COUNTY BOARD OF SUPERVISORS hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road, not to exceed $200,000. This surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur within three years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. BE IT FURTHER RESOLVED THAT THE ROANOKE COUNTY BOARD OF SUPERVISORS hereby agrees that the new roadway so constructed will be added to and become a part of the State Secondary System of Highways. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None h Request for Public Private Partnership funds for Relax. Inc. (Joyce Waugh. Economic Development Specialist) A-111996-S Ms. Waugh advised that this is a request to expend $77,498 for public purposes on behalf of the location of a new motel at the corner of Plantation Road and Friendship Lane. A 772 November 19, 1996 :::.. '- ¡- performance agreement is being drafted for execution if the Board approves the request. This request for assistance meets the public private partnership policy criteria and funds are available within the Economic Development Public Private Partnership fund. There was no discussion. AYES: Supervisor Johnson moved to appropriate $77,746 for the The motion carried by the following recorded vote: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson project. NAYS: None ~ Request from Salem-Roanoke County Chamber of Commerce to adopt the Workforce Endorsement Agreement. (Garland Kidd. Roanoke County Schools) A-11199G-G Mr. Kidd introduced Judy Griesenbrock, Salem/Roanoke County Chamber of Commerce, and sylvia Bailey, Blue Ridge Regional Education and Training Council, and explained that the Workforce Endorsement Agreement is a collaborative effort between area school divisions, the Salem/Roanoke County Chamber of Commerce, and the Blue Ridge Regional Education and Training Council. The agreement provides that Valley businesses and industries will give close examination and consideration to high school graduates for entry level jobs, and that the area school systems will provide employers with information that documents the graduates' employment skills necessary for job success. Mr. - November 19, 1996 773 - Kidd advised that Franklin County, City of Salem, Montgomery County, and the Roanoke County School Board have adopted the agreement, and Ms. Bailey advised that Roanoke County will be the twelfth county to adopt the agreement. In response to an inquiry about privacy issues, Ms. Bailey explained that one of the components of the program is a Student Workforce Endorsement Agreement which the students and parents sign to authorize the school system to release information to the perspective employers participating in the program. Supervisor Minnix moved to adopt the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request to accept and appropriate monies from: (a) virginia Juvenile community Crime Control Act and to adopt a resolution prioritizing the e~penditure of grant funds. R-111996-7 Mr. Chambliss advised that the General Assembly approved the Virginia Juvenile and Community crime Control Act (VJCCA) during the 1995/96 fiscal year which replaces the block grant programs of the Department of Youth and Family Services. Roanoke County is scheduled to receive $399,799 for FY 1996/97 and $506,134 for FY 1997/98. The regulations require that the 774 November 19,1996 monies must be used for youths who have been before the Juvenile Court or an intake officer. Monies remaining at the end of the first fiscal year of the biennium may be carried forward to the second year but unspent monies at the end of the second year must be returned to the state. He stated that it is planned for $244,466 to be allocated for group residential care, such as Youth Haven I, Youth Haven II, Drug and Alcohol programs. He asked that the Board adopt a resolution accepting the grant monies for the two years and appropriating the monies as listed in the resolution. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111996-7 APPROVING APPROPRIATION AND PRIORITIZING THE EXPENDITURES OF FUNDS FOR FY96-97 AND FY97-98 FROM THE JUVENILE COMMUNITY CRIME CONTROL ACT WHEREAS, the County of Roanoke has been advised that it will receive monies from the Virginia Juvenile Community Crime control Act in the amount of $399,799 for FY 1996-97 and $506,134 for FY 1997-98, and WHEREAS, these monies must be used to fund services for the target populations identified in the Act which include CHINS (Children in need of services), CHINSUP (Children in need of Supervision), Delinquent, Diverted, and First Offender children, and WHEREAS, the County staff has coordinated wi th the Director of the Court Service unit and the Judges of the Juvenile and Domestic Relations Court to determine the services necessary to address the needs of the children appearing before the Court and before the intake officers, and WHEREAS, the services of Electronic Monitoring, -, November 19,1996 7!15 Intensive Probation, Community Services programs, Probation Aide Services, and the purchase of services for Outreach Detention, Crisis Intervention, and group residential care have been identified as the highest priority needs for the targeted population of Roanoke County appearing before the court and the intake officers. NOW, THEREFORE BE IT RESOLVED by the Supervisors of Roanoke County that the VJCCCA monies accepted for the biennium 1996-98 and said monies in of $399,799 for FY 1996-97 and $506,134 for FY 1997-98 appropriated for the above referenced programs. Board of are hereby the amount are hereby On motion of Supervisor Johnson t:o adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None (b) Family Preservation Act and outline of the Family Friends Program. (John Chambliss. Assistant Administrator) A-111906-8 Mr. Chambliss described the Family Preservation Act program which requires joint planning between the State and the Federal governments and implementation of a five year plan. In order to qualify for the monies, the County was required to perform a needs assessment. The assessment which was done by the Mental Health Association of the Roanoke Valley found a need existed for respite care for families with Seriously Emotionally Disturbed (SED) children, and that no other agency offered this service to the Valley residents. The County implemented a pilot program called Family Friends on September 14, 1996, which placed a care giver in the home for a period of 4 to 48 hours per visit to allow the parents and families a break in their own care 776 November 19, 1996 - giving. The parents share in the costs of this care on a sliding scale basis. The care givers for the respite program are part of the relief staff used and trained by Youth Haven II. Interest has been expressed by the City of Roanoke, city of Salem, and Botetourt Court for their residents to be included in this program with these outside localities paying the full fare for the services. It is staff's recommendation that the Board accept the Family Preservation Act monies in the amount of $33,645 for FY 1996/97; authorize expansion of the program to include four year old SED children enrolled in high-risk pre-school programs; and include program services to residents of the city of Roanoke, City of Salem, and Botetourt County provided these localities or families pay the full fare for the program. supervisor Minnix moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None L.. Request for resolution authorizing renewal of a lease of real estate for parking facilities at the Roanoke County Courthouse and Jail. (Elmer C. Hodge. County Administrator) (CONTINUED FROM OCTOBER 22. 1996) A-111996-9 - Continued for thirty days November 19. 1996 777 Mr. Hodge advised that the Courthouse was built without consideration for parking and that the owner of the leased property is not interested in selling it to the County. He recommended that the Board approve the renewal of this lease for another five years and within that time look for other solutions. Supervisor Nickens stated that he did not believe the County was obligated to provide parking ¡ that no more than 50% of the citizens utilizing the Courthouse are from Roanoke County¡ and he could not support renewing the lease for another five years at a cost of $60,000 per year. Supervisor Nickens moved to deny the staff recommendation to renew the lease. The motion was defeated by the following recorded vote: AYES: Supervisors Minnix, Nickens NAYS: Supervisors Eddy, Harrison, Johnson Supervisor Johnson asked that the staff reopen negotiations and consider a one-year lease. Supervisor Minnix moved to continue this item for thirty days to allow staff to re- negotiate the lease. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Presentation of claim for $500.000 from Estate of Thomas F. Faucher. Jr. (Paul Mahoney. County 778 November 19, 1996 - Attorney) A-111996-10 Mr. Mahoney advised that this is a claim against the County from Thomas F. Faucher, Administrator of the Estate of Thomas Frederick Faucher, Jr., for a wrongful death which allegedly occurred by reason of the negligence and actions of the County, its officers, agents or employees. The incident occurred on April 21, 1996, when Scott C. Allman collided with the automobile operated by Thomas F. Faucher, Jr. at the intersection of Plantation Road and Williamson Road, and resulted in the death of Mr. Faucher and two other people. The fatal collision occurred after a lawful pursuit by County Police officers had been terminated. Mr. Allman pled guilty to the offenses that arose from this incident, including manslaughter of the three people killed as a result of his actions, and was recently sentenced to prison. Mr. Mahoney stated that Mr. Allman is responsible for this tragedy and asked that the Board deny the claim so that the claimant may pursue his remedies in court. supervisor Johnson moved to deny the claim. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS It was the consensus of the Board to set a work session November 19,1996 779 for an update on the Comprehensive Plan for December 17, 1996, and set a briefing on the Spring Hollow Recreation Master Plan for December 3, 1996. FIRST READING OF ORDINANCES ~ Ordinance authorizing the creation of and financing for a local public works improvements project. Trevilian Road Water project. (Gary Robertson. utility Director) (Staff report by Paul Mahoney. County Attorney) Mr. Mahoney advised that this is a first: reading of an ordinance to implement the action taken by the Board on October 8, 1996, for an emergency water line extension for Trevilian Road, and to establish a special service area for the project. The second reading is scheduled for December 3, 1996. Supervisor Johnson moved to approve the first reading and set the second reading for December 3, 1996. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: .2...... Ordinance for authorization to vacate a portion of an existing 20-foot water line easement and to accept a relocated portion of same easement. located across Lots 27 and 28. Block 1. Revised 7-8A- November 19,1996 Plat of the Orchards. ~plewood. Section 9. (Gary Robertson. utility Director) (Staff report by Arnold Covey) Mr. Covey advised that the house was planned and designed to be built outside of the County's easement, and there was space available to do this. However, due to a request by the owners to an uninformed builder on the site for a change, the house encroaches onto the County's easement by about four feet. In response to Supervisor Nickens' concern about another builder having to relocate a house because it was built too close to a street, supervisor Johnson advised that the other situation involved a zoning violation and was decided by the Board of Zoning Appeals. Mr. Covey advised that the facts are different in this case where a mistake was made. Supervisor Johnson asked Mr. Covey to convey to the builder that they should stri ve to comply with all requirements in the future to avoid bringing such situations to the Board. Supervisor Johnson moved to approve the first reading and set the second reading for December 3, 1996. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS ~ Blue Ridge community Services Board of Directors November 19,1996 181 Supervisor Eddy asked that this item be continued until the next meeting so that the Clerk to the Board could contact BRCS for additional information concerning the appointment. .2...... Disability Services Board Supervisor Eddy nominated John M. Chambliss, Jr. to serve a three year term which will expire December 31, 1999. ~ Roanoke County Planning Commission. Supervisor Eddy nominated Al G. Thomason, Sr., Windsor Hills District, to serve another four year term which will expire December 31, 2000. IN RE: CONSENT AGENDA R-111996-11: R-111996-11.a: R-111996-11.b: R-111996-11.c and R- 111996-11.d Supervisor Minnix moved to adopt the Consent Resolution absent item 1. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Johnson moved to approve Item 1. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Eddy RESOLUTION 111196-11 APPROVING CERTAIN ITEMS SET FORTH ON THE AGENDA FOR THIS DATE DESIGNATED AGENDA AND CONCURRING IN BOARD OF SUPERVISORS AS ITEM L - CONSENT 7æ- November 19. 1996 --,---~.._~ 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 19, 1996, designated as Item L - 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 - October 8, 1996, October 22, 1996 (Joint meeting with Salem City Council, October 22, 1996 (regular meeting), November 4, 1996 (Joint meeting with Roanoke City Council. 2. Request for acceptance of Valley Avenue and Pinkard Street into the Virginia Department of Transportation Secondary System. 3. Request for acceptance of Appletree Drive, Plantation Grove Lane and Dresden Lane into the Virginia Department of Transportation Secondary System. 4. Request for acceptance of Walton Lane Virginia Department of Transportation system. into the Secondary 5. Request for acceptance of extension of Christopher Drive into the Virginia Department of Transportation Secondary System. 6. Acceptance of Sanitary Sewer Facilities Serving Oechslin Subdivision. 7. Designation of agent for County of Roanoke to obtain Federal and State financial assistance for damages during Hurricane Fran on September 6, 1996. 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 absent Item 1, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None - November 19, 1996 7æ carried AYES: NAYS: ABSTAIN: On motion of Supervisor Johnson to approve Item by the following recorded vote: Supervisors Minnix, Harrison, Nickens, Johnson None Supervisor Eddy 1, and RESOLUTION 111996-11.a REQUESTING ACCEPTANCE OF VALLEY AVENUE AND PINKARD STREET INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described below were established before July 1, 1986, and currently serve at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to §33.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist. NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-72.1(D), Code of Virginia: Name of Street: Valley Avenue Length: 0.05 miles. From: 0.02 miles SW of the intersection of SR 878 with SR 862. To: a turnaround, 0.07 miles SW of the intersection SR 878 with SR 862. Guaranteed Right-of-Way Width: 40 feet. Plat Recorded, Date: April 16, 1926, Plat Book 1, Page 363, in the Roanoke County Clerk's Office. Name of Street: Pinkard Street Length: 0.04 miles. From: the intersection of SR 878 & SR877. To: a turnaround, 0.04 miles SW of the intersection SR 878 & SR 877. Guaranteed Right-of-Way Width: 40 feet. Plat Recorded, Date: April 16, 1926, Plat Book 1, Page 363, in the Roanoke County Clerk's Office. 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, this Board requests the 7&4 November 19, 1996 1--- Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to §33.1-72.1(D), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor M~nnix Seconded By: None Required Yeas: SQpervisors Eddy, Minnix, Harrison, Nickens, Johnson Nays: ~ RESOLUTION 111996-11.b REQUESTING ACCEPTANCE OF APPLETREE DRIVE, PLANTATION GROVE LANE AND DRESDEN LANE 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: SQpervisor Minnix Seconded By: None Required Yeas: supervisors Eddy. Minnix. Harrison. Nickens/ Johnson Nays: lIQn.g November 19,1996 785 RESOLUTION 111996-11.c REQUESTING ACCEPTANCE OF WALTON LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-S(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-S(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: SQpervisor Minnix Seconded By: None Required Yeas: SQpervisors Eddy. Minnix, Harrison, Nickens/ Johnson Nays: HQng RESOLUTION 111996-11.d REQUESTING ACCEPTANCE OF THE EXTENSION OF CHRISTOPHER DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-S(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 786 November 19, 1996 NOW, THEREFORE, BE IT RESOLVED, this Board requests the virginia Department of Transportation to add the streets described on the attached Additions Form SR-S(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 Minnix Seconded By: None Required Yeas: Supervisors Eddy, Minnix, Harrison, Nickens. Johnson Nays: ~ IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS supervisor Eddy: (1) He asked about the status of Augusta County's request for support of the state bill establishing escrow accounts for maintenance of storm water management. Mr. Mahoney will include this in the legislation program. (2) He asked about the status of the Virginia Board of Forestry's request for support of a bill which states that unreasonable ordinances restricting forestry cannot be passed by the locality. Mr. Mahoney recommended that this bill be opposed. (3) He requested that staff attend the December 4, 1996 Business Professional Operators License (BPOL) public hearing being held in Roanoke County Administration Center. Mr. Hodge advised that he would attend. It was the consensus of the Board that the posi tion previously stated by the Board still applies: oppose November 19, 1996 781 elimination of BPOL unless replaced by something else. (4) He received a memorandum from Joe Obenshain about setting up a Board of Appeals for the Fire Prevention Code. Mr. Hodge will bring back a recommendation at the next meeting (December 3, 1996). (5) He asked about the status of the proposed meeting with the School Blue Ribbon Committee. It was the consensus of the Board that a complete set of evaluations should be furnished to the Board before any meeting, and that Mr. Hodge will discuss the purpose of the meeting with Dr. Gordon. (6) He asked for reaction to the information that the recycling truck has broken down and the County is not recycling glass. Mr. Hodge advised that Bill Rand will report on this at one of the December meetings. (7) He asked about the status of the policy for contributions to local teams that win state championships. Mr. Hodge will bring back a policy with general guidelines at one of the December meetings. SQpervisor Minnix: (1) He asked if there was any interest in pursuing the possibility of leaf pickup and vacuuming. There were no comments from any of the Board members. (2) He asked when a decision will be made on the location of the Social Services Department. Mr. Hodge will report back in thirty days (December 17, 1996). (3) He asked that Mr. Hodge and Pete Haislip respond to a letter from a citizen about the condition of a ditch in a recreation field. (4) He reported on the Audit Committee Meeting held earlier today. supervisor Harrison: (1) He advised of a citizen's 788 November 19, 1996 ,- concern about the safety of Harborwood Lane and Diuguids Lane in front of Hancock Steel, and asked that the staff investigate getting another 30 mph sign located opposite Hancock Steel. (2) He asked for a report from Gary Robertson about the status of the transmission lines. (3) He congratulated Coach Dennis Layman upon his retirement. supervisor Johnson: (1) He announced the ground breaking at the Airport which is set for tomorrow at 10 a.m. for the expansion of the cargo ramp. (2) He advised that he will talk with Mr. Hodge later about scheduling other work sessions. IN RE: REPORTS supervisor Nickens moved to receive and file the following reports after discussion of Items 4 and 7 and granting Board concurrence on Item S that Mr. Hodge may expand the program to include teams and departments. The motion carried by a unanimous voice vote. L. ~ General Fund Unappropriated Balance capital Fund Unappropriated Balance ~ Board contingency Fund h Report on use of 1995-96 departmental rollover funds ~ Report on Employee Incentive Fund ~ Accounts Paid - October 1996 ~ Report of operations for year ended June 30. 1996 November 19, 1996 789 L.. statement of ~he Treasurer's Accountability per Investments and Portfolio POlicy, as of October 31. 1996 IN RE: EXECUTIVE SESSION At 5:20 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (7) Consultation with legal counsel pertaining to probable litigation, (a) Sheriff Holt v. State Compensation Board¡ and (b) Americans with Disabilities Act; Section 2.1-344 A (3) Disposition of publicly held real estate, namely well loti and Section 2.1-344 A (7) Consultation with legal counsel pertaining to possible condemnation, Vest property. the following recorded vote: The motion carried by AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-111996-12 At 7: 00 p. m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 111996-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of R.oanoke County, Virginia has convened an executive meeting on this date pursuant 790- November 19,1996 to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act¡ and WHEREAS, section 2 . 1- 344. 1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identif ied in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Certification Resolution, vote: AYES: NAYS: Supervisor Johnson to adopt the and carried by the following recorded Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: ADDITION TO AGENDA By consensus of the Board, Chairman Johnson added a new business item at the end of the evening session requesting authorization to pay Earth Environmental Consultants, Inc. for investigation of the Roanoke County Courthouse and Roanoke County Administration Center. IN RE: PUBLIC HEARINGS ~ Public Hearing and adoption of a resolution pursuant to section 15.1-236 and 238 and Title 25 of the Code of Virginia. concerning acquisition of November 19, 1996 791 and immediate right-of-entry by eminent domain proceedings to a one acre parcel of land located at the intersection of U. S. Route 11/460 and state Route 858. being owned by Randolph H. Vest. Jr. and Linda C. Vest. (Paul Mahoney. County Attorney) R-111996-13 Mr. Mahoney advised that this is a public hearing to authorize condemnation proceedings against a one-acre parcel of real estate owned by Mr. and Mrs. Vest which is needed for certain road improvements. The estimated market value of the property is $40,000 and an offer of $45,000 has been made to expedi te the process and avoid condemnation proceedings. The owners have declined the offer and Mr. Mahoney asked that the Board go forward with eminent domain proceeding to gain immediate right of entry to start the road improvements projects. Mr. Marc James Small, 713 First street, SW, Roanoke, VA 24016, attorney for Mr. and Mrs. Vest, advised that the property was purchased less than a year ago for $39,000. for commercial development and the owner has tried to comply with all of the County's ordinances for the best use of the property. He asked that the Board decline to approve the condemnation. Mr. Randolph H. Vest, Jr., 4731 Little Bear Road, Salem, VA, 24153, described his search for suitable property to develop and the events that have occurred since he purchased the 792 November 19, 1996 - property. After his unsuccessful effort to have it rezoned in April, he obtained a building permit for an industrial building. In response to Supervisor Nickens' inquiry, he advised that he does not plan to let the building permit expire after one year but will have the building ready for occupancy within approximately four to six months. There was no further discussion. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None After the motion was made but before the vote, Supervisor Harrison explained that he would support the request for condemnation because the property is located in the industrial corridor along 460 but does not plan to support future efforts directed at property outside the corridor. RESOLUTION 111996-13 PURSUANT TO TITLE 25 AND SECTIONS 15.1-236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION OF A 1-ACRE PARCEL OF LAND FROM RANDOLPH H. VEST, JR., AND LINDA C. VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Country Farm Road Improvement proj ect, including turn lanes, road widening, road improvements, and extension of Country Farm Road to intersect with Garman Road, and facilities related thereto, is hereby approved in connection with a project in the Glenvar area and to provide a safer and more usable roadway for the citizens of Roanoke County. -.. November 19, 1996 7~ - 2. That the proj ect is necessary for the general health, safety and welfare of the public, and specifically will provide an improved access to and from Route 11/460 for the property owners along Country Farm Road and Garman Road and the general public. 3. That acquisition of a certain parcel of land, consisting of 1.00 acre and located at the intersection of Route 11/460 and the existing Country Farm Road, is necessary for construction of the turn lanes, road widening, road improvements, and related facilities for Country Farm Road. 4. That the parcel of land required for this project is owned by Randolph H. Vest, Jr. and Linda C. Vest and is identified by the following legal description: All that certain lot or parcel of land, together with any improvements thereon, rights incident thereto, and. appurtenances thereunto belonging, situate in the Catawba Magist.erial District of Roanoke County, Virginia, and being more particularly described as follows: BEGINNING at a point on the southerly side of U. S. Route No. 11, at the intersection of the southerly side of said Route 11 and the eastern side of Virginia Secondary Route No. 858; thence along the southerly side of U. S.Route No. 11, N. 62°30' E. 160.00 feet to an iron pin set; thence with a division line through the remaining property of L. D. Hill Company, Inc. (D.B. 1281, pg. 1471), S. 27° 30' E. 272.25 feet to an iron pin set; thence with another division line through the aforesaid property of L. D. Hill Company, Inc. S. 62° 30' E. 160.00 feet to an iron pin set; thence the eastern line of Virginia Secondary Route No. 858, N. 27° 30' W. 272.5 feet to an iron pin, being the point and place of BEGINNING, and containing 1.00 acre, as shown on plat entitled 'Plat of Survey Land Being Conveyed To John D. Mayhew & Ocie L. Mayhew' dated May 22, 1990, prepared by C. E. Lacy, Jr., certified Land Surveyor, said plat being recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1324, page 421, a copy of which is attached hereto as Exhibi t A. Said parcel of land is designated on the Roanoke County Land Records as Tax Map No. 55.03-3-1.1. This being all of the same property conveyed to Randolph H. Vest, Jr., and Linda C. Vest, husband and wife, by deed dated April 23, 1996, from John D. Mayhew and Ocie L. Mayhew, of record in the aforesaid Clerk's Office in Deed Book 1505, page 577. 5. That the fair market value of the property is $40,000.00. The sum of $45,000.00 has been offered and is hereby re-offered to the property owners for purchase of fee simple, marketable title to the above-described parcel by the Board of 794 November 19,1996 - Supervisors of Roanoke County, Virginia. 6. That it is immediately necessary for the County to enter upon and take possession of such property and commence construction of said road improvements in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law. 7. That a certified copy of this resolution, to be sent by certified mail to Randolph H. Vest, Jr., and Linda C. Vest on or before November 22, 1996, shall constitute notice to said property owners of the offer to purchase as set forth above and the intent to enter upon and take possession of said property to commence construction, as provided for in Section 15.1-238 of the Code of Virginia, 1950 (as amended). 8. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, ~ ~., of the Code of Virginia, 1950, (as amended), and Sections 15.1-236 and 15.1-238, all as made and provided by law. 9. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition through eminent domain proceedings, or otherwise. 10. That this resolution shall be effective on the date of its adoption and the property owners shall have thirty days from said date within which to contest this taking and immediate right of entry as provided in section 15.1-238.B. and D. of the Code of Virginia, 1950 (as amended). On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES k Ordinance authorizing a Special Use Permit to replace an existing communications tower. located approximately 1.75 miles from the intersection of November 19, 1996 795 Honeysuckle Road and Poor Mountain Road. Windsor Hills Magisterial District upon the petition of Norfolk Southern Railway. (Terry Harrington. Planning and Zoninq Director) 0-111996-14 Mr. Harrington advised that this is a request for a special use permit to allow the replacement of an existing 112 foot broadcasting tower located at the top of Poor Mountain. The existing tower is currently used for combination of whip antennas, and up to six disk antennas are on the structure. It is proposed to replace that 112 feet tower with a tower that would not exceed 170 feet with the whip antennas, and up to ten microwave circular disks. The Planning Commission has recommended approval of this request with the condition that the new tower not exceed 170 feet in height. Supervisor Eddy advised that the condition of Honeysuckle Road is poor and inquired about the possibility that the petitioner and other tower owners might be able to finance improvements for the road. Mr. Harrington advised that no one has expressed any concern about the condition of the road. Supervisor Johnson suggested that staff contact; everyone with property rights to determine if they would be interested in a shared maintenance agreement for the road. Mr. Warren S. Neily, Jr., P. o. Box 43, Blacksburg, attorney representing the Norfolk Southern Railroad, asked that 7-% November 19, 1996 - the Board act favorable up on the request. In response to Supervisor Eddy's inquiry about improving the access road, Mr. Bob Wilson, 1886 Murrell Avenue, Salem, representing Norfolk Southern Railroad, advised that the road compares favorably with roads to their other sites, and they would be willing to share maintenance costs but not the entire responsibility. Supervisor Eddy moved to approve the special permit and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111996-14 GRANTING A SPECIAL USE PERMIT TO NORFOLK SOUTHERN RAILWAY TO REPLACE AN EXISTING COMMUNICATIONS TOWER LOCATED APPROXIMATELY 1.75 MILES FROM THE INTERSECTION OF HONEYSUCKLE ROAD AND POOR MOUNTAIN ROAD (TAX MAP NO. 93.00-1-44), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Norfolk Southern Railway has filed a petition to replace an existing communications tower on property owned by James L . Woltz and located approximately 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Road (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 4, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 22, 1996¡ the second reading and public hearing on this matter was held on November 19, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board special use permit to Norfolk existing communications tower on and located approximately 1. 75 finds that the granting of a Southern Railway to replace an property owned by James L. Woltz miles from the intersection of November 19, 1996 797 Honeysuckle Road and Poor Mountain Road (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said special Use Permit is hereby approved with the following condition: 1) The height of the tower is limited to 170 feet. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance authorizing a Special Use Permit to construct a communications tower and building. located at the intersection of Route 311 and Newport Road. Catawba Magisterial· District. upon the petition of Ohio state Cellular Phone Co.. Inc. (Terry Harrington. planning and Zoning Director) 0-111996-15 Mr. Harrington advised that this is a request for a special use permit to construct a broadcasting tower for cellular telephone service located on property owned by Mr. Buddie Garman which is currently zoned AG-1, agricultural. The tota I Garman property is approximately 12 acres and the portion to be leased is approximately 3,000 square feet. The Federal Communications Act of 1996 preserved local zoning authority in the siting of broadcasting towers; however, certain sections state that such local regulations: (1) shall not unreasonably disc:riminate among providers of functionally equivalent services and (2) shall not 798 November 19, 1996 - prohibi t or have the effect of prohibiting the provisions of personal wireless services. The Act also maintains that the FCC has jurisdiction over radio frequency questions and issues, and the Act requires that any locality make written findings for approval or denial. In the AG-1 district, a special permit must be approved prior to the installation of a broadcasting tower as well as site plan approval, an erosion and sediment control permit, a building permit and a new entrance permit. All of the lands adjoining the property to the west are part of the Jefferson National Forest as well as land opposite the property to the east of Route 311. There are three significant cultural/scenic resources in the vicinity of the tower site: (1) the Appalachian Trail¡ (2) the Virginia Scenic Byway¡ and (3) a major portion of the Catawba Valley has been determined to be eligible for listing on the National Register of Historic Places as a Rural Historic District. The Comprehensive Plan does not directly address the issue of broadcasting cellular towers. The Planning Commission has forwarded this information to the Board wi th a tie vote on a recommendation to deny the special use permit with recommended conditions. Mr. Donald Maty, President of DanCell Corporation a development company that has been contracted by United States Cellular to help with the expansion of their market in the Roanoke Valley, spoke on behalf of the petitioner. He explained the purpose for the tower and described the considerable effort November 19, 1996 799 - they extended to find the best location to provide cellular telephone coverage for the area. The following citizens spoke in opposition to approving the special use permit: (1) Paul McDaniel, 5882 Catawba Valley Drive; (2) Robert Egbert, 3571 Bradshaw Road; (3) Jason Atkins, 2034 Memorial Avenue, presented petition with 329 signatures; (4) Delbert Eyer, Blacksburg Road, proposed a delay until guidelines are established; (5) Sharon Kennedy, 7388 Bending Oak Drive; (6) Christian Peckman, 8131 Webster Drive; and (7) Anne Reynolds, 5895 Catawba Valley Drive. Those speaking in favor of approving t:he special use permit were: (1) willis Taylor, 5875 Catawba Valley Drive; (2) Debbie Snead, Craig County; (3) William Rose, Craig County; and (4) Dr. William C. Andersen, Jr., representing Craig County Electronic Technology Project Task Force. In response to Supervisor Johnson, Mr. Harrington advised that the Board could impose a condition that if the tower ceased to be used, the applicant or property owner would have to remove the tower. Mr. Maty advised that the petitioner has complied with all of the federal guidelines and has worked with the Appalachian Trail and the Forestry Service. He also stated that if requested, they would commit to not putting microwave dishes on the tower and would come back to the Board in the future if the need ever arises. with regard to the number of dishes, he stated 800 November 19, 1996 - that it was never their intention to put six dishes on the tower. Supervisor Harrison moved to deny the special use permit and attach to the record a written statement of facts and conclusions dated November 19, 1996 to support the denial. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisors Harrison and Minnix advised that they felt a policy is needed to provide guidelines for the placement of towers. Supervisor Nickens acknowledged the difficulty that Craig County citizens experience because of their lack of cellular telephone coverage and asked that the staff determine if emergency services could provide assistance when necessary. DENIAL OF ORDINANCE 111996-15 GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER AND BUILDING LOCATED AT THE INTERSECTION OF ROUTE 311 AND NEWPORT ROAD (TAX MAP NO. 13.00-1-55), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a communications tower and building on property owned by Buddy E. Garman and located at the intersection of Route 311 and Newport Road (Tax Map No. 13.00-1-55) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 4, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 22, 1996; the second reading and public hearing on this matter was held on November 19, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Harrison to deny the Special November 19, 1996 8Dt Use Permit and attach a statement of Fact and Conclusions to support the denial, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None FINDINGS OF FACT AND CONCLUSIONS PETITION: Ohio state Cellular Phone Co. FILE NO.: 32-11/96 Findings of Fact: 1. The tower is proposed in the Catawba Valley area of Roanoke County. This Valley is highly valued by its residents and the residents of the County for its unique rural qualities. The Catawba Valley is also the only place in the nation where the Appalachian Trail, National Forest, Virginia Scenic Byway, and the Bicentennial Bicycle Trail intersect. 2. The proposed site is adjacent to an area determined to be eligible for listing on the Virginia and the National Register of Historic Places as a Rural Historic District. 3. The proposed tower site adjoins property of the U.S. Forest Service upon which the Appalachian Trail is located. This trail ascends Cove Mountain after crossing Newport Road and leads to Dragon I s Tooth, a popular local attraction, lookout and technical climbing site on the southern end of Cove Mountain. The Appalachian Trail is designated a National Scenic Trail and runs approximately 2,000 miles from Maine to Georgia. 3. The proposed tower, if erected as proposed, would be visible from the Appalachian Trail for a distance of at least 200 yards as one begins the assent of Cove Mountain. 4. The proposed tower is located on property which fronts on virginia Route 311. Route 311 from Hanging Rock to covington (via Route 159) in Allegheny County has been designated by the Virginia Department of Transportation as a Scenic Byway. This designation is awarded to highway corridors that bypass major roads and offer the traveler a diversity of visual experiences including significant natural, historical and cultural resources. 802 November 19, 1996 -- - 5. While the Scenic Byway designation is largely symbolic, the corridor is identified on the Official state Highway Map as an encouragement for tourists to seek out these routes and to boost local pride and identity. The proposed tower, if constructed, would be visible for a distance of one to one and a half miles from the highway, designated by VDOT as a Scenic Byway diminishing the scenic quality of the corridor and reducing the Scenic Byway's potential as a draw for tourism in this region of the County and a boost in the County's economic development. 6. According to the applicant's comments at the Planning Commission public hearing, Mr Maty stated that they have just signed a contract with American Electric Power (AEP) to attempt to use their communication and power line towers on which to mount cellular antennas. This cooperative agreement would eliminate the siting of unnecessary towers, since towers are very expensive. He also stated that in order to use AEP's towers, they would need to identify their future needs and compare them with AEP's existing facilities. This comparison might take two years while the proposed tower would be constructed upon approval. The applicant's own comments would indicate that the recent contract with AEP would create alternative locations for cellular antennae in the Catawba Valley wi thout requiring the proposed tower. These options should be fully explored before a 190 foot tower structure is erected in the proposed location. 7. 8. Further, additional comments by the applicant's agent, Mr. Chuck Riley, implied that only two sites, the Catawba Hospital property and the proposed site, were fully evaluated for the location of a cellular tower. The site is located in the Rural Preserve land use category. The policies that apply in this area do not address communications/broadcasting towers. However, the policies are generally supportive of preserving the rural character and minimizing land use changes that would detract from roads designated as scenic byways. While not officially part of the Comprehensive Plan, preliminary studies have pointed to an increased awareness and concern with the quality of the County's visual resources and the need to protect critical view 9. November 19,1996 sæ - sheds. ~ Ordinance authorizing a special Use Permit to construct a religious assembly facility located on Edgebrook Road. 0.33 mile west of Thompson Memorial Drive. Catawba Magisterial District. ~pon the petition of Salem Church of God. (Terry Harrington, Planning and zoning Director) 0-111996-16 Mr. Harrington advised that this is a request for a special use permit to build a religious facility near the intersection of Route 311 and Thompson Memorial Drive and Interstate 81. The construction would take place in four phases with the ultimate size of the building totaling 42,700 square feet with a seating capacity not to exceed 1,000. This item was on the Board's consent agenda in september, 1996, and was tabled to give all parties concerned the opportunity to review the proposal to determine if it would interfere with the proposed widening of I-81 or any changes that may bE! made to the interchange with I-81 and Route 311. VDOT estimated that only a small portion of the property could be needed for interchange improvements, and the site plan was subsequently modified slightly to shift the facilities to the southwest. The Planning commission voted to recommend the approval of the request with conditions. 804 November 19, 1996 - Mr. Jeff Parkhill, Hughes Associates architect, on behalf of the petitioner, Salem Church of God, asked that the special use permit be approved, and described the changes made to the site plan. In response to Supervisor Nickens inquiry, Mr. Parkhill advised that they would be willing to proffer general conformance to the concept site plan as revised. The following citizens spoke in opposition to the approval of the special use permit: (1) John Kelly, 1441 Edgebrook Road; and (2) Dr. Robert Barber, 1469 Edgebrook Road. Mr. Kelly advised that he and Dr. Barber would be willing to purchase the property for the same amount that the church has offered for a residential project. Mr. Winton W. Shelor, 4348 Shelor Farm Lane, property owner, explained that the property is zoned Residential; that he has tried unsuccessfully to sell the property for years; that he has been unsuccessful in having it rezoned for commercial use; that he gave the church an option to buy last summer; and he asked for approval of the special use permit. Supervisor Harrison moved to deny the special use The motion was defeated by the following recorded vote: Supervisors Harrison, Johnson Supervisors Eddy, Minnix, Nickens There was considerable discussion concerning the proffering of a buffer zone, how many feet would be included, if permit. AYES: NAYS: November 19, 1996 895 - the existing trees should remain to mitigate the noise, and whether market values would be depreciated across the road from the church. There was also discussion about the water and sewer connections and parking. supervisor Nickens moved to grant special use permit with two additional conditions: (1) The site shall be developed in general conformance with the submitted concept plan for Salem Church of God, prepared by Hughes Associates, Architects, dated July 16, 1996, and revised October 15, 1996. (2) A 25 foot buffer yard shall be reserved along the Edgebrook Road property line, and along all other property lines adjacent to R-1 zoning districts. No grading or disturbance of vegetation shall be allowed within these required buffer yards, with the exception that a single entrance as shown on the concept plan shall be allowed to be constructed from Edgebrook Road. Type E option 2 landscape screening shall be installed, within all buffer yards to sustain, supplement, and enhance the existing vegetation for the purpose of buffering and protecting surrounding properties. YES: supervisor Eddy, Minnix, Nickens NAYS: Supervisor Harrison, Johnson .ORDINANCE 111996-16 GRANTING A SPECIAL USE PERMIT TO D. JEFFRY PARKHILL OF HUGHES ASSOCIATES ARCHITECTS, AGENT FOR THE SALEM CHURCH OF GOD TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY LOCATED ON EDGEBROOK ROAD, 0.33 MILE WEST OF THOMPSON MEMORIAL DRIVE (TAX MAP NO. 35.04-2- 54), CATAWBA MAGISTERIAL DISTRICT 806 November 19,1996 ,- - WHEREAS, D. Jeffry Parkhill of Hughes Associates Architects, PC, Agent for Salem Church of God, has filed a petition to construct a religious assembly facility on property owned by winton Shelor, et also located on Edgebrook Road, 0.33 mile west of Thompson Memorial Drive (Tax Map No. 35.04-2-54) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 3, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 24, 1996; the second reading and public hearing on this matter was held on November 19, 1996. 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 D. Jeffry Parkhill of Hughes Associates Archi tects, PC, Agent for Salem Church of God to construct a religious assembly facility on property owned by Winton Shelor, et als. loca ted on Edgebrook Road, O. 33 mi Ie west of Thompson Memorial Drive (Tax Map No. 35.04-2-54) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: 1) Proposed I-81 right of way shall be reserved as shown on the concept plan dated 10/15/96. 2) The total building footprint shall not exceed 50,000 square feet. 3) The site shall be developed in general conformance with the submitted concept plan for Salem Church of God, prepared by Hughes Associates, Architects, dated July 16, 1996, and revised October 15, 1996. 4) A 25 foot buffer yard shall be reserved along the Edgebrook Road property line, and along all other property lines adjacent to R-1 zoning districts. No grading or disturbance of vegetation shall be allowed within these required buffer yards, with the exception that a single entrance as shown on the concept plan shall be allowed to be constructed from Edgebrook Road. Type E option 2 November 19,1996 ~ - landscape screening shall be installed, within all buffer yards to sustain, supplement, and enhance the existing vegetation for the purpose of buffering and protecting surrounding properties. with the fOllowing AYES: NAYS: On motion of Supervisor Nickens to addition of Conditions #3 and #4, recorded vote: Supervisors Eddy, Minnix, Nickens supervisor Harrison, Johnson adopt the ordinance and carried by the .L. Ordinance vacating and closing a SO-foot unimproved right-of-way referred to as Pettit Avenue located north of the Intersection of Belle Haven Road and Pettit Avenue for approximately 400 feet in length. recorded in Plat Book 3. Page 98. and located in the Hollins Magisterial District. (Arnold Covey. Director of Engineering and Inspections) 0-111996-17 Mr. Covey stated that there was no change since the first reading of the ordinance. There was no discussion and no citizens present to speak on this issue. supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 111996-17 VACATING AND CLOSING A 50-FOOT UNIMPROVED RIGHT-OF-WAY REFERRED TO AS PETTIT AVENUE LOCATED NORTH OF THE INTERSECTION OF BELLE HAVEN ROAD (ROUTE 5057) AND PETTIT AVENUE FOR APPROXIMATELY 400 FEET IN LENGTH, AS RECORDED IN PLAT BOOK 3, PAGE 98, ~ November 19, 1996 - - AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, William L. and Margaret D. Brogan (Lot 1, Block 5, Belle Haven), Robert A. English (Lot 8, Block 5, Belle Haven, and Tract "c" Green Ridge), Garland Sheets (Lot 9, Block 5, Belle Haven), and William J. and Betty D. Watson (Lot 8, Block 3, Belle Haven), the petitioners, are owners of the above- referenced properties as shown on the attached map prepared by the Roanoke County Engineering and Inspections Department; and WHEREAS, said lots are adjacent to an unimproved section of Pettit Avenue between Belle Haven Road and the property of Robert A. English and Garland E. Sheets; and WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the section of unimproved right-of-way referred to as Pettit Avenue located north of the intersection of Pettit Avenue and Belle Haven Road (Route 5057), measuring 50' feet in width and approximately 400' in length, said right-of-way having been created and shown on the Map of Belle Haven record as aforesaid in Plat Book 3 at page 98; and WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 8, 1996; and the public hearing and second reading of this ordinance was held on November 19, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved section of a right-of-way, situate in the Hollins Magisterial District and referred to as Pettit Avenue, being 50 feet in width and extending approximately 400 feet in length, located north of the intersection of Pettit Avenue and Belle Haven Road (Route 5057) as shown on the Map of Belle Haven recorded in the Roanoke County Circuit Court Clerk's Office in Plat Book 3 at page 98, be, and hereby is, vacated to the extent that any public or County interest may exist, pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended, subject to the following conditions: (a) That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners; and November 19, 1996 8!W - - (b) That a 15' public utility easement is hereby retained and reserved as shown on the attached plat prepared by the Roanoke County Engineering & Inspections Department, together with the right to provide maintenance to any existing public utility facilities located within the 15' easement area, and together with the right of ingress and egress thereto from a public road; and (c) That the vacated area of land shall be added and combined, by deed or by plat, to the adjoining properties as provided by law and the petitioners shall comply with the Roanoke County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and other applicable laws, regulations, and requirements, including recordation of the necessary documents, in connection with this vacation or any subsequent subdivision of the property. 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance along with the attached plat prepared by Roanoke County with the Clerk of the Circuit Court of Roanoke County, Virginia, and t:he recordation costs shall be payable by the petitioners. 3. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinance in conflict with the provisions of this ordinanGe be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS ~ Authorization to pay $14,015.45 to Earth Environmental Consultants. Inc. For organophosphates and carbamate investigation of Roanoke County Courthouse and Roanoke County Administration Center. (Paul Mahoney. County Attorney) A-111996-18 811) November 19,1996 - environmental testing of the Roanoke County Courthouse and Mr. Mahoney stated that this invoice is to pay for Roanoke County Administration Center. This testing was necessary because several individuals claim that they are disabled by a multiple chemical sensitivity under the provisions of the American Disabilities Act, and have been prevented from pursuing a private lawsuit. They felt that they would be exposed to pesticides that were used by the County's exterminator contractor. The County staff hired an environmental testing firm, and it was determined that the facilities would provide a safe environment. He asked that the Board authorize paying the invoice for $14,015.45. motion carried by the following recorded vote: Supervisor Nickens moved to approve the payment. The AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: ADJOURNMENT Chairman Johnson declared the meeting adjourned at 9:40 p.m. Submitted by, Approved by, ~2~1~ Deputy Clerk Bob L. Johnson Chairman