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HomeMy WebLinkAbout12/16/2003 - Regular December 16, 2003 1105 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 16, 2003 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the third Tuesday and the second regularly scheduled meeting of the month of December, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. “Butch” Church, H. Odell “Fuzzy” Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Diane S. Childers, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Rabbi Manes Kogan, Beth Israel Synagogue. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS December 16, 2003 1106 1. Resolution of appreciation to H. Odell "Fuzzy" Minnix for twelve years of service on the Roanoke County Board of Supervisors R-121603-1 Chairman McNamara presented the resolution and Roanoke County throw to Supervisor Minnix. Also attending was Mrs. Janet Minnix. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSTAIN: Supervisor Minnix RESOLUTION 121603-1 OF APPRECIATION TO H. ODELL “FUZZY” MINNIX FOR HIS SERVICES AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1992 THROUGH 2003 WHEREAS, H. Odell “Fuzzy” Minnix was first elected to the Board of Supervisors of Roanoke County to represent the Cave Spring Magisterial District in November 1991, and served from January 1, 1992, until his retirement on December 31, 2003; and WHEREAS, Supervisor Minnix exhibited leadership by serving as Chairman during 1993, 1995 and 2001; and as Vice-Chairman in 2000; and WHEREAS, Supervisor Minnix has demonstrated a generosity of spirit and heart in his service to the citizens of Roanoke County, frequently going above and beyond his role as a supervisor to provide assistance to those in need; and WHEREAS, Roanoke County has undertaken numerous projects during Supervisor Minnix’s twelve years on the Board, including the following: ? Approval of school capital construction projects in excess of $100 million ? Construction of Spring Hollow Reservoir and Water System ? Construction of the Smith Gap Landfill ? Creation of the Roanoke County Center for Research and Technology ? Development of the Vinton Business Center December 16, 2003 1107 ? National accreditation of the Sheriff’s Office and re-accreditation of the Police Department ? Installation of Automated External Defibrillators in County buildings ? Delivery of the first State of the County Address for Roanoke County WHEREAS, many regional initiatives were begun or completed during Supervisors Minnix’s tenure including signing of the cooperative agreement with the City of Roanoke to jointly staff the Clearbrook Fire Station; participation in regional summit meetings of local governments in Southwest Virginia; adoption of a Regional Economic Development Strategy; completion of the Roanoke Valley Fire & EMS Training Center serving Southwest Virginia; dedication of the Roanoke Regional Tactical Training Facility; opening of the Blue Ridge Parkway Visitors Center; and the creation of the Western Virginia Water Authority, of which Supervisor Minnix will become the first citizen representative for Roanoke County; and WHEREAS, in addition to his duties as a Board member, Supervisor Minnix also served with distinction on many committees and boards including the Audit Committee, the Roanoke Regional Airport Commission, the Fifth Planning District Commission, the Social Services Board, the Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization, the Blue Ridge Zoological Society of Virginia, and the Lewis-Gale Bio-Ethics Committee. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens H. ODELL “FUZZY” MINNIX of Roanoke County to for twelve years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors wishes Supervisor Minnix continued success in his future endeavors. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSTAIN: Supervisor Minnix 2. Resolution of appreciation upon the retirement of Thomas R. Walls, Social Services Department, after thirty years of service R-121603-2 December 16, 2003 1108 Chairman McNamara presented the resolution and Roanoke County throw to Mr. Walls. Also present were Mrs. Patti Walls and Dr. Betty McCrary, Director of Social Services. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 121603-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF THOMAS R. WALLS, SOCIAL SERVICES, AFTER THIRTY YEARS OF SERVICE WHEREAS, Thomas R. Walls was employed by Roanoke County on October 10, 1973, as an Eligibility Worker in the Social Services Department; and WHEREAS, Mr. Walls retired from Roanoke County on November 1, 2003, as a Senior Social Worker after thirty years of service; and WHEREAS, during his years of employment, Mr. Walls worked in many different areas of Social Services including: Eligibility Services; the WIN Program in coordination with the Virginia Employment Commission; Family Services; Foster Care; and Custody Investigations; and WHEREAS, Mr. Walls was the coordinator of the Mediation Program for which Social Services received an award from the National Association of Counties; and received an award from the Commissioner of the Department of Social Services for innovative program interventions; and WHEREAS, Mr. Walls has served with professionalism and integrity, and through his employment with Roanoke County has been instrumental in improving the quality of life for its citizens, as well as consistently displaying an attitude of helpfulness and leadership to colleagues. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens THOMAS R. WALLS of Roanoke County to for thirty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. December 16, 2003 1109 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 3. Recognition of the Roanoke County Police Department for receiving re-accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA ) Chairman McNamara recognized the following members of the Police Department who were present at the meeting: Chief Ray Lavinder, Captain Phil Patrone, Lieutenant Scott Smith, Officer Nancy Short, and Jimmy Chapman. Chief Lavinder also recognized Steve Short for his support. IN RE: NEW BUSINESS 1. Request to appropriate funds as a result of operations for the fiscal year ended June 30, 2003. (Rebecca Owens, Director of Finance) A-121603-3 Ms. Owens reported that the following initiatives were accomplished in the 2002-2003 fiscal year: (1) no increases in taxes or fees; (2) funding of 6 additional dispatchers for public safety E-911 to absorb the cellular E-911 calls that were transferred to localities from the Virginia State Police; (3) additional school resource officer for Hidden Valley High School; (4) increase in funding for CORTRAN. She advised that KPMG, the County’s auditors, have completed their audit and delivered a December 16, 2003 1110 favorable opinion for both the County and schools with no management letter comments. Ms. Owens advised that budget savings for the 2002-2003 fiscal year totaled $3.1 million. Of this amount, $484,411 represents departmental expenditure savings. Based upon the policy for rollovers at year-end, approved department rollovers totaled $209,439. This leaves a net expenditure savings of $274,972 which will be transferred to the capital fund balance based on the rollover policy. Ms. Owens stated that actual revenues exceeded budgeted revenues by $2.6 million, primarily the result of increased tax collections in the areas of personal property, sales, business license, meals, and cellular phone tax. These increases are attributed to a more positive economic climate. As a result of previously approved Board actions, $710,264 was appropriated from year-end surplus to fund the HP migration project, voting machines, and bulk/brush collection. Fee for service revenues exceeded budget by $396,483. At the time the ambulance transport fee was approved, revenues were committed to fire and rescue and will need to be appropriated accordingly. Ms. Owens advised that staff recommends appropriating the funds to capital for purchase of a new radio system or the public safety building. Ms. Owens reported that this leaves a balance of $1,483,629 to be added to the general fund unappropriated balance, and no action is required for these funds to be added to the general fund balance. She further advised that the schools ended the year December 16, 2003 1111 with a surplus of $4.1 million, due primarily to higher than anticipated enrollment for the school year and expenditure savings in the personnel budget. In response to an inquiry from Supervisor McNamara, Ms. Owens advised that the funds remaining in the Board contingency fund at year-end are rolled over into the general fund. The Board contingency fund begins each fiscal year with a balance of $100,000. Supervisor McNamara questioned what the balance in the Board contingency fund was at the end of fiscal year 2002-2003, and Ms. Owens indicated that she would obtain this information and report back to the Board. Supervisor McNamara noted that the general fund balance continues to grow each year, and he advised that school enrollment numbers also continue to grow each year which speaks highly of the accomplishments of the schools. He stated that the Board contingency fund is to be used to fund items that are out of the ordinary and requested that rather than use the surplus in this fund as a rollover into the general fund, that the Board consider using $8,000 to be divided between the booster clubs in Roanoke County. He stated that this would help to offset their increasing costs due to increasing enrollment in the schools. Supervisor Church advised that he recalled that any surplus funds from the fee for transport were to be used for additional personnel in the fire and rescue department. He questioned whether a surplus is anticipated in future years. Ms. Owens advised that this is the second year since the fee was implemented so it is still new. She stated that in future years, staff will be better able to project trends and December 16, 2003 1112 determine if a surplus is to be expected. She also noted that during the 2002-2003 fiscal year, the fee for transport was increased and the budget was not adjusted to reflect this increase. Supervisor Church moved to appropriate the surplus funds from the fee for transport equally between fire and rescue personnel and the Roanoke County booster clubs. Supervisor Minnix requested clarification from Mr. Hodge regarding the use of these funds and indicated that he was under the impression that all surplus funds were to be used for fire and rescue purposes only. He noted that initially money had to be loaned to the Fire and Rescue Department to pay the personnel costs, and he questioned if funds had now reached a surplus level where the money has been paid back. Mr. Hodge advised that one year does not make a trend and using these funds for a recurring expenditure at this time would be premature. Mr. Hodge recommended placing the surplus into the fire and rescue capital account for a new radio system for the public safety building. He noted that the top ranking priority designed by the Capital Improvement Program (CIP) Advisory Committee is a new paging system. He further advised that the surplus funds can be used for either capital or personnel costs, and noted that fire and rescue is currently fully staffed. Supervisor Minnix stated he was under the impression that any surplus would be used on an ongoing basis for fire and rescue personnel expenses. He questioned if these costs are now being funded out of the Fire and Rescue Department budget. Mr. December 16, 2003 1113 Hodge reported that transport call volume for rescue services determines the amount of incoming revenue, and indicated that Roanoke County’s rates are considerably below the maximum allowed by the Federal government. He stated that we do not have enough data to predict a future trend, and recommended evaluating where the greatest needs exist (paging system vs. personnel). Supervisor McNamara questioned whether the Board had appropriated a continuing revenue flow of $190,000 that was excess fee for transport funds when the 10 additional firefighters were approved. Ms. Hyatt reported that when the additional personnel were hired, some partial year offsetting revenue from the fee for transport was used to fund the cost. An analysis of all the new positions and their cost had been conducted, and those were added from the general fund at the time. However if the new positions which have been added in the last several years is compared to the incoming revenue from the fee for transport, the general fund has actually paid more in new salaries than what is being covered by the fee for transport. Supervisor Flora indicated that when those slots were filled, this met the expected needs for personnel. He advised that he would prefer that the money be used for what is recommended and noted that Fire Department equipment is aging and we need to provide personnel with the necessary equipment. He also indicated that if the Board is serious about proceeding with a new public safety building, these funds should be set aside until the necessary requirements are known. December 16, 2003 1114 Supervisor Church indicated that he is trying to do something that will benefit both areas, and he is not advocating spending these funds on a recurring basis. He noted it would be prudent to examine potential fire and rescue and police personnel needs. He concurred that the radio system is an important need, and voiced his support for Mr. Hodge’s recommendation that the monies be set aside at this time. He indicated that a need may exist for additional police personnel. Supervisor Church withdrew the motion on the floor and made a substitute motion to appropriate the fee for service in excess of budget of $396,483 to a fire and rescue reserve account until a needs assessment is complete. Supervisor Altizer noted that in years past, capital needs have not been addressed. He indicated that this money should be set aside in a capital account for a use to be determined in the future. He also stated that if the Board is serious about a public safety building and the need exists for a new radio system, the Board should reserve funds to cover these expenses. If the monies are placed in a capital account, they can be moved to an appropriate location as needed. Chairman McNamara clarified with Mr. Church that the motion is to appropriate the funds to a fire and rescue reserve account. Supervisor Minnix applauded Supervisor McNamara’s initiative with regard to the booster clubs. He challenged the Board to look at the work done by the booster clubs and suggested appropriating $5,000 from the unappropriated fund balance to each booster club on a matching funds basis. December 16, 2003 1115 The substitute motion by Supervisor Church to appropriate the fee for service in excess of budget of $396,483 to a fire and rescue reserve account until a needs assessment is complete carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Resolution requesting the Federal Railway Administration (FRA) to establish mandatory regulations for the operation of remote control locomotives. (Paul Mahoney, County Attorney) R-121603-4 Mr. Mahoney advised that on December 2, 2003, the Board held a work session on this matter. At that time, staff provided the Board with a summary on remote control locomotive (RCL) operations and a Notice of Safety Advisory which recommended minimal guidelines for RCL operations, both published by the Federal Railroad Administration (FRA). At that work session, Supervisor Altizer requested that a resolution be placed on the Board of Supervisors’ December 16 agenda requesting that the FRA establish mandatory regulations with respect to the operation of RCL. Supervisor Altizer advised that he had requested this resolution, and stated that it has been the history of this Board to get in front of issues related to safety. He noted that statements have been made regarding the turbulence between two unions, and stated that it is not the position of this Board to get between two unions or to establish mandates to companies if they find a way that they can profitably do December 16, 2003 1116 something better. He stated that this resolution goes beyond this scope in that it involves a train operating under minimal guidelines with remote control operation. He stated that one individual must operate a locomotive under a guideline (RCL operators) while others must operate under a regulation (locomotive engineers). He stated that this is setting forth a standard for anyone who is operating a train and establishing these as rules and not guidelines. Supervisor Flora reported that he had spoken with a Norfolk Southern engineer regarding this matter, and was advised that this is a battle between two unions and is about job protection. He questioned why the Board of Supervisors was stepping into this arena. Supervisor Flora stated that this is not an area for the Board’s involvement and indicated that he cannot support a resolution which tells a business how to conduct its operations. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: Supervisor Flora RESOLUTION 121603-4 REQUESTING THE FEDERAL RAILROAD ADMINISTRATION TO ESTABLISH MANDATORY REGULATIONS FOR THE OPERATION OF REMOTE CONTROL LOCOMOTIVES WHEREAS, the Federal Railroad Administration (FRA) was created by the Department of Transportation Act of 1966 (49 U.S.C. 103, Section 3(e) (1). The purpose of FRA is to: promulgate and enforce rail safety regulations; administer railroad assistance programs; conduct research and development in support of improved railroad safety and national rail transportation policy; provide for the rehabilitation of December 16, 2003 1117 Northeast Corridor rail passenger service; and consolidate government support of rail transportation activities; and WHEREAS, on February 14, 2001, the FRA published Notice of Safety Advisory 2001-1 in the Federal Register addressing the establishment of recommended non- regulatory minimal guidelines for the operation of remote control locomotives; and WHEREAS, the Brotherhood of Locomotive Engineers (BLE) has requested that the Board of Supervisors of Roanoke County, Virginia, adopt a resolution banning the use of remote control locomotives in Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that this Board requests the Federal Railroad Administration to establish mandatory regulations for the operation of remote control locomotives. Be it further resolved that a certified copy of this resolution be sent to the Administrator of the Federal Railroad Administration and to Norfolk Southern Railway. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: Supervisor Flora 3. Request to approve position of Office Support Specialist in the Clerk to the Board of Supervisor’s office. (Diane S. Childers, Clerk to the Board) A-121603-5 Ms. Childers advised that staffing in the Clerk’s Office is currently insufficient to meet the increasing number of meetings and responsibilities being handled by the department. Since its inception, the Clerk’s Office has been comprised of two full-time staff members and the key responsibilities have evolved to include more managerial functions. In addition, citizens have become more computer literate and increasingly expect that information will be readily available to them on the internet. She stated that the Clerk’s Office has sought to keep pace with these changes by making information available to citizens on the website, which staff maintains on a December 16, 2003 1118 weekly basis in order to reflect current agenda and meeting information. In 2004, the Clerk’s Office will be implementing an electronic records management system which will provide citizens and staff with the ability to access and search records online, as well as providing a more secure, cost effective medium for the storage of records. They will also begin focusing more on the records management aspect of the office, and historical data will be scanned to provide access to these records for electronic searches and to increase the security of records by creating a digital backup copy. Ms. Childers stated that a key factor which has impacted staffing needs in the office is the increase in the number of Board meetings. In 2001, staff attended and handled the necessary preparation and follow-up for 21 Board of Supervisors meetings; in 2002, there were 29 meetings, and in 2003 this number had increased to 41. Staff has attempted to address these needs through the use of part-time personnel and overtime; however, the increasing responsibilities have frequently required extending the hours of the part-time position. It is therefore requested that the part-time position be made a full-time position in order to continue providing the current service levels. Staff is recommending that the Board approve the addition of an Office Support Specialist position in the Clerk to the Board of Supervisor’s Office and appropriate $15,000 from the Board Contingency Fund for the remainder of the 2003- 2004 fiscal year. In future years, these personnel costs will be factored into the adopted budget. December 16, 2003 1119 Supervisor Church noted that the electronic records management system will produce a cost savings with regard to paper usage, but noted that it will create a new way of doing business. He voiced support for the staff in the Clerk’s Office. Supervisor Church moved to approve staff recommendation (approve the addition of the Office Support Specialist position in the Clerk to the Board of Supervisor’s Office and appropriate $15,000 from the Board contingency fund for the remainder of the 2003-2004 fiscal year). Supervisor Flora requested clarification that the total number of staff members would now be three, and questioned how many years the office had operated with two staff members. Mr. Hodge advised that there had been two staff members for over 18 years. Supervisor Minnix questioned how many staff members work in the Clerk’s Office in Roanoke City. Ms. Childers indicated that there are eight staff members in Roanoke City, including the Clerk. Supervisor Minnix noted that other localities of similar size to Roanoke County likely have larger staffs due to the increasing number of calls from citizens. He stated that when a need exists and it is filled with part-time personnel, this leads to greater turnover and the need to re-train because part-time personnel receive no benefits. He indicated that staff has substantiated the need for additional personnel. Supervisor Altizer voiced support for the recommendation, and indicated that the Clerk’s Office delivers service to the citizens. He noted that call levels and December 16, 2003 1120 numbers of meetings have increased, and he indicated that no loyalty exists when personnel needs are filled with part-time personnel. He stated that productivity is not maximized when staff has to re-hire and re-train individuals who leave part-time positions for full-time positions with benefits. Supervisor McNamara noted that the annual cost is $30,000 and that it is recommended that the money be taken from the Board contingency fund. He questioned if this is for the six months remaining in the current fiscal year. Ms. Childers advised that the full year’s salary and benefit costs are $30,000, and staff is recommending that $15,000 be appropriated at this time to cover the remainder of the 2003-2004 fiscal year. She stated that these costs will be factored into the budget process in future years. Supervisor McNamara questioned how the cost for the part-time position is being paid at this time. Ms. Childers stated that the funds for the part-time position were appropriated into the County Administrator’s budget due to the fact that the position provides backup support for that office. However the number of hours that the part-time person works have been increased to meet staffing needs and the amount of money that was set aside for the salary costs in the current fiscal year has already been absorbed. Supervisor McNamara voiced support for the motion but noted everything the Board does has a cost. He stated that the increase in the number of meetings make this very clear, and indicated that there will not be any contested elections if the Board December 16, 2003 1121 continues on this path. He questioned if the additional work is yielding additional results, although he stated that the Board and Clerk’s Office is doing a fine job. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 4. Request to ratify appointment to the Western Virginia Water Authority. (Elmer C. Hodge, County Administrator) A-121603-6 Mr. Hodge advised that this is a request to ratify the appointment of the seventh member of the recently founded Western Virginia Water Authority (WVWA). He stated that at this point, the Authority is still in transition. A number of meetings and public hearings must be held and the matter must go to the State Corporation Commission (SCC) before the Authority is finalized. However before the articles of incorporation can be submitted to the SCC, the names of all seven appointed Board members must be included. Mr. Hodge advised that three members are appointed by Roanoke County, three by Roanoke City, and the seventh member is nominated by the six members, subject to ratification by Roanoke County and Roanoke City. He noted that Roanoke City ratified the appointment of George Logan at their meeting yesterday, contingent upon ratification by Roanoke County. If the appointment is ratified, the next step in the formation of the Authority is a public hearing on January 27, 2004. Mr. Hodge also advised that the term is for four years and will begin and expire on the date December 16, 2003 1122 the articles of incorporation are approved by the SCC, and this is expected to be sometime in February. Supervisor Altizer, as a member of the Authority Board, advised that many applicants were discussed. He stated that Mr. Logan is a distinguished gentleman with a great deal of experience to bring to the Authority Board. Supervisor Altizer moved to ratify the appointment of George W. Logan as the seventh member of the Western Virginia Water Authority. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: FIRST READING OF ORDINANCES 1First reading of ordinance to vacate, quit-claim and release a . 20’ sanitary sewer easement conveyed to the Board of Supervisors in Deed Book 1321, Page 354, and 10‘ well lot access easement conveyed to the Board in Deed Book 1044, Page 816, on property owned by the Achievement Center Foundation (Tax Map Nos. 26.16-2-13 and 26.16-2-12), Hollins Magisterial District. (Arnold Covey, Director of Community Development) Mr. Covey reported that the Achievement Center Foundation is requesting that an unused 20 ft. sanitary sewer easement and an unused 10 ft. access easement December 16, 2003 1123 be vacated and released. He stated that during a recent survey of the petitioner’s property, it was discovered that the existing sanitary sewer line was not located within the dedicated 20’ easement. The Achievement Center Foundation has relocated both of the easements and the necessary plats have been recorded. Roanoke County will assume the costs associated with the preparation and recordation of the release deeds for the easements to be vacated. There was no discussion on this matter. Supervisor Flora moved to approve the first reading and set the second reading for January 13, 2004. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: APPOINTMENTS 1. Southwest Development Financing, Inc. Supervisor McNamara nominated Wendy Schultz, Tourism and Event Coordinator, to serve an additional two-year term which will expire on January 1, 2006. IN RE: CONSENT AGENDA R-121603-7; R-121603-7.b; R-121603-7.c; R-121603-7.f Supervisor Minnix moved to adopt the Consent Resolution with Item 3 removed. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None December 16, 2003 1124 RESOLUTION 121603-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 16, 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 6, inclusive, as follows: 1. Approval of minutes - November 14, November 19, and December 2, 2003 2. Confirmation and ratification of committee appointments to the Blue Ridge Behavioral Healthcare Board of Directors, Grievance Panel, Library Board, Roanoke County Planning Commission, and Roanoke Valley Resource Authority 3. Approval of resolutions of appreciation upon the retirements of the following individuals: (a) Michael R. Morris, Fire & Rescue Department, after twenty-eight years of service (b) Charles W. Vaden, Real Estate Valuation Department, after fourteen years of service 4. Request to accept and appropriate grant in the amount of $10,000 from the Department of Motor Vehicles (DMV) for use in conducting DUI checkpoints, aggressive driving enforcement, injury accident reduction and safety and child seat enforcement 5. Request to approve and adopt the revised Emergency Operation Plan (EOP) for the County of Roanoke 6. Request to accept the remaining portion of Valley Stream Drive, located in the Vinton Magisterial District, into the Virginia Department of Transportation Secondary System 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. RESOLUTION 121603-7.f REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF VALLEY STREAM DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets 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 December 16, 2003 1125 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, 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 Minnix Seconded by: None Required Yeas: Supervisors Altizer, Church, Flora, Minnix, McNamara Nays: None Supervisor Minnix moved to adopt the resolutions in Item 3. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 121603-7.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL R. MORRIS, FIRE & RESCUE DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Michael R. Morris was employed by Roanoke County on April 1, 1975, as a firefighter with the Roanoke County Fire and Rescue Department; and WHEREAS, Firefighter/EMT Morris retired from Roanoke County on December 1, 2003, after twenty-eight years and eight months of service; and WHEREAS, Firefighter/EMT Morris‘ professionalism and integrity during his many years of service contributed significantly to the development of the Roanoke County Fire & Rescue Department; and December 16, 2003 1126 WHEREAS, Firefighter/EMT Morris, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens MICHAEL R. MORRIS of Roanoke County to for more than twenty-eight years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 121603-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CHARLES W. VADEN, REAL ESTATE VALUATION, AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Charles W. Vaden was employed by Roanoke County on January 2, 1989, as an Appraiser in the Real Estate Valuation Office; and also served as Senior Appraiser; and Assistant Director of Real Estate Valuation; and WHEREAS, Mr. Vaden retired from Roanoke County on December 1, 2003, as the Assistant Director of Real Estate Valuation after fourteen years and eleven months of service; and WHEREAS, Mr. Vaden has been a member of the Virginia Association of Assessing Officers, and has a professional designation through the American Society of Appraisers, currently holding the treasurer position for the local chapter; and WHEREAS, Mr. Vaden has served with professionalism and integrity, and through his employment with Roanoke County has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CHARLES W. VADEN for more than fourteen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the office of Real Estate Valuation expresses their heartfelt thanks to Mr. Vaden for being a great supervisor, friend, and devoted employee during his tenure with Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: December 16, 2003 1127 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS Mr. David Wymer, 5546 Deer Park Drive, spoke regarding Supervisor Minnix’s years of unselfish devotion of his time to help the youth and adults in his district and the County. He noted the countless hours Supervisor Minnix spent working with the youth in the Cave Spring district high school athletic programs such as football, track, and softball. He stated that Supervisor Minnix also was committed to other groups in Roanoke County, whether it meant dealing with water in basements in Penn Forest, flooding in North and East County, snow related challenges along Route 220, fires at retirement homes, or tire fires in South County. He stated that Supervisor Minnix’s listening ability and ability to find common ground characterize his time on the Board of Supervisors. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects December 16, 2003 1128 5. Accounts Paid – November 2003 6. Statement of expenditures and estimated and actual revenues for the month ended November 30, 2003 7. Statement of the Treasurer’s accountability per investment and portfolio policy as of November 30, 2003 IN RE: CLOSED MEETING At 4:38 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel regarding settlement with respect to pending litigation, namely Roanoke County vs. General Electric (Dixie Caverns Landfill). The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: WORK SESSIONS (4th Floor Conference Room) 1. Joint work session with the Planning Commission for the purpose of discussing the Comprehensive Plan. (Janet Scheid, Chief Planner) The work session was held from 5:37 p.m. until 6:13 p.m. The following Roanoke County staff was present at the meeting: Arnold Covey, Director of Community Development; Janet Scheid, Chief Planner; David Holladay, Zoning Administrator. Planning Commission members who were present included: Don Witt, December 16, 2003 1129 Al Thomason, Steve Azar, and Martha Hooker. Ms. Scheid presented an overview of the 1998 Community Plan. She identified goals in the following areas for inclusion in the updated plan: economic development, public utilities, stormwater management, transportation, and growth management. The process for implementation of the plan was presented, and Ms. Scheid advised that the revised plan will be presented to the Planning Commission in February 2004 and zoning ordinance amendments will be presented in April or May 2004. Mr. Holladay presented future land use maps which highlighted areas where R-1 zoning currently extends beyond the existing infrastructure. He also presented maps detailing slope data in the R-1 zoning district. Mr. Holladay advised that zoning changes will follow any adjustments made to the future land use maps. It was the consensus of the Board that staff should continue proceeding with the proposed revisions, and staff was directed to hold additional community meetings with the groups who will be most affected by the proposed changes. 2. Work session to discuss public safety building proposals under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA). (Dan O'Donnell, Assistant County Administrator) The work session was held from 6:16 p.m. until 6:36 p.m. Mr. O’Donnell reported that the following two proposer teams have decided to continue with Phase II of the PPEA process: Northrup-Grumman and Public Facility Consortium. Staff is December 16, 2003 1130 ready to proceed with Phase II scope of services where the following information will be requested: (1) site-specific preliminary drawings; (2) detailed equipment descriptions; (3) radio systems analysis; (4) list of all major subcontractors; and (5) cost breakdown by components and options with suggested financing plans. Mr. O’Donnell advised that possible sites for the facility include the School Board site on Cove Road as well as several possible sites near Wood Haven Road. Mr. Chambliss reported that technology upgrades are needed for the following: (1) replication of equipment at the Dispatch Center; (2) paging system for Fire and Rescue; (3) computer aided dispatch (CAD) and records management system for the Police and Fire and Rescue Departments; (4) wireless 911 Phase II equipment; and (5) 800 Mhz radio system. Additional information was provided regarding the current paging system which was installed in 1978 and the 800 Mhz radio system installed in 1987. Mr. Chambliss stated that proposers are being asked to evaluate the existing equipment and its life cycle. Both Roanoke County and Roanoke City currently operate analog systems. It was the consensus of the Board to continue moving forward with the Phase II scope of services evaluation. 3. Work session to discuss proposed amendments to the Roanoke County Code, Section 2-7 “Reimbursement of Expenses Incurred for Emergency Response”. (Paul Mahoney, County Attorney) This work session was postponed until January 13, 2004. December 16, 2003 1131 IN RE: CLOSED MEETING The closed meeting was held from 6:40 p.m. until 6:55 p.m. IN RE: CERTIFICATION RESOLUTION R-121603-8 At 7:02 p.m., Chairman 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 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation upon the retirement of Kenneth W. Kern, Police Department, after twenty-nine years of service R-121603-9 Supervisor McNamara presented the resolution and Roanoke County throw to Lieutenant Kern. Also present was Lieutenant Kern’s mother. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 121603-9 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF KENNETH W. KERN, POLICE DEPARTMENT AFTER TWENTY-NINE YEARS OF SERVICE December 16, 2003 1132 WHEREAS, Kenneth W. Kern was employed by Roanoke County on December 15, 1973, as a Dispatcher; and after serving as Deputy Sheriff, was promoted to Detective in the Criminal Investigations Division; and later promoted to Sergeant and Lieutenant; and WHEREAS, Lt. Kern’s most recent assignment was supervising the animal control, traffic and school resource programs; and WHEREAS, Lt. Kern was one of the original members of the Police Department which was established 1990; and WHEREAS, Lt. Kern retired from Roanoke County on November 1, 2003, after twenty-nine years and ten months of service; and WHEREAS, Officer Kern has served with professionalism and integrity, and through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens KENNETH W. KERN of Roanoke County to for more than twenty-nine years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, and productive retirement. 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: PUBLIC HEARINGS 1. Public hearing to receive comments on the Secondary System Six-Year Construction Plan for Fiscal Years 2004-2010 and the allocation of funds for Fiscal Year 2004-2005. (Arnold Covey, Director of Community Development) (a). Approval of resolution for Secondary Road System Six- Year Construction Plan for Fiscal Years 2004-2010 and the allocation of funds for Fiscal Year 2004-2005 December 16, 2003 1133 R-121603-10 Mr. Covey reported that in accordance with Section 33.1-70.01 of the Code of Virginia and the policy of the Virginia Department of Transportation (VDOT), the Board of Supervisors is requested to revise and update the Six-Year Secondary Road Construction Plan every year. The secondary roads are numbered 600 and greater. All routes less than 600 are considered primary or interstate and are excluded from this report. In Roanoke County, VDOT is responsible for overseeing all highway improvements. The County’s role is to review and approve all secondary road construction with the guidance of the local resident engineer. All maintenance including snow removal, ditching, potholes, surface overlays, etc. are the responsibility of VDOT. Mr. Covey stated that this plan, developed jointly by VDOT and County staff, was developed by reviewing the current construction plan and requests received by both County citizens and the Board of Supervisors during the past year. It was presented to the Board at a work session on November 18, 2003. Mr. Covey outlined the following changes made to this year’s Six-Year Secondary Construction Plan and Rural Addition Priority List: ? Roanoke County received funding totaling approximately $3.16 million last year. Roanoke County’s budget for FY 2004-2005 is estimated to be approximately $3.07 millionthat is to be distributed between the following two categories: December 16, 2003 1134 Countywide Incidental Construction Items: This category includes minor construction that can be completed normally within one year such as pavement overlays, drainage improvements, traffic signs, entrance culverts and minor curve improvements (usually covered under the revenue sharing program). Other items included in this category are the rural addition roads. Roanoke County has allocated $330,000 for this category of which $153,500, which is the maximum allowed by the state,is appropriated to rural addition roads. Rural addition projects: Artrip Lane has been completed and forwarded to VDOT for acceptance. Staff is currently working on Indian Hill Road, and one rural addition petition was received this year from the citizens on France Drive. Mr. Covey advised that the bulk of Roanoke County’s allocations of funds of approximately $2.7 million are for numbered projects. Priority projects numbered 0 through 12 and 17 are scheduled to receive funding this year. They are as follows: Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain Road, Cotton Hill Road, Mountain View Road, Boones Chapel Road, Catawba Creek Road, Dry Hollow Road, Merriman Road, John Richardson Road and Rocky Road. Mr. Covey outlined the following projects which have been added to the plan: ? Hardy Road (priority #16): This project involves reconstruction from the existing project at Vinton town limits to the Blue Ridge Parkway bridge. Mr. Covey advised that staff is requesting that this project be added because of the current December 16, 2003 1135 development approved along this corridor (Vinton Business Center and Cardinal Insulated Glass) and the increase activity in Bedford County and Smith Mountain Lake. ? Montcap Trail (priority #18): . Pave 0.2 miles of unpaved road. Mr. Covey noted that County Line and Montcap Trail are the only two unpaved roads that are left in the County that meet the 50 vehicles per day requirement. Mr. Covey reported that the following projects were considered but not added because of insufficient funds: Carvins Cove Dam Road, County Line Road, Bohon Hollow Road, Honeysuckle Road, Two Ford Road, Starkey Road, Hershberger Road, Manassas Drive and Franklin Street. These roads will be monitored each year for consideration to be added to the six-year plan. No citizens were present to speak regarding this matter and there was no discussion. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 121603-10 APPROVING AND ADOPTING THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 2004-2010 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEARS 2004-2005 WHEREAS , a public hearing was held on December 16, 2003, to receive comments for the adoption of the Secondary Road System Six-Year Construction Plan December 16, 2003 1136 for Roanoke County for Fiscal Years 2004-2010; and the adoption of the funding for Fiscal Years 2004-2005; and WHEREAS , the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal Years 2004-2010 and allocation for Fiscal Year 2004-2005 as set out in the attached Secondary System Construction program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2004-2010 by the Clerk to the Board. 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 (b) Approval of projects for Fiscal Year 2004-2005 Virginia Department of Transportation (VDOT) Revenue Sharing Program A-121603-11 No citizens were present to speak on this matter and there was no discussion. Supervisor McNamara moved to approve staff recommendation (approve the project list and authority the County Administrator to sign the letter of intent and defer appropriation of the $500,000 in funds until July 1, 2004). The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Public hearing to receive comments on an administrative appeal December 16, 2003 1137 requested by Galax Treatment Center, d/b/a/ LCG-Roanoke, from the Zoning Administrator’s decision to refuse to certify zoning compliance for the operation of a methadone clinic to be located at 3390 Colonial Avenue in the County of Roanoke. (Paul Mahoney, County Attorney) Mr. Mahoney advised that the Board will be functioning as a judicial body, rather than a legislative body, with regard to this matter. He stated that this is the first time the Board has had to consider an administrative appeal with respect to an interpretation of a proffered condition. Typically, most zoning questions are sent to the Board of Zoning Appeals but because this is a proffered condition and it deals with the interpretation of that proffered condition, by State and County Code it must be heard by the Board of Supervisors. Mr. Mahoney indicated that this appeal by the Galax Treatment Center is not to hear whether or not the Zoning Administrator’s decision with respect to the definition of a medical office is appropriate or not; it is not to hear whether the Zoning Administrator’s decision of the text amendment is required; and it is not to hear arguments with respect to whether or not the Galax Treatment Center has vested rights. He indicated that these issues are being handled through other avenues: the vested rights issue is currently pending in Circuit Court and the first two issues will be heard tomorrow by the Board of Zoning Appeals. Mr. Mahoney advised that the issue before the Board is a very narrow issue with respect to the interpretation of a proffered condition. Mr. Mahoney reported that the format for the presentation will be as follows: December 16, 2003 1138 Ed Natt, attorney for the petitioner, will speak first; Mr. Mahoney will then speak on behalf of the Zoning Administrator’s decision with regard to the proffered condition; citizens will be given an opportunity to speak; and closing arguments will then be offered by Mr. Natt. Mr. Natt advised that the Galax Treatment Center was withdrawing their appeal of the Zoning Administrator’s decision, and he indicated that they will be withdrawing their appeal before the Board of Zoning Appeals tomorrow. Based on the withdrawal of the appeal, no citizens spoke regarding this matter. Supervisor Flora inquired whether the Board needed to take any action to allow the withdrawal of the appeal to occur. Mr. Mahoney advised that the petitioner has the right to withdraw the appeal before any decision is rendered. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE 1. First reading of an ordinance to vacate a 20’ waterline easement dedicated by Subdivision Plat and Revised Subdivision Plat of the Village at Tinker Creek, Section 1, Lots 26-33, recorded in Plat Book 25, Page 171, and Plat Book 26, Page 11, respectively, and further shown on the Subdivision Plat of the Village at Tinker Creek, Section 1, Lots 107-113, recorded in Plat Book 26, Page 83, across property owned by CBI Developers (Tax Map Nos.27.20-1- 29.1, 27.20-4-18 and 27.20-4-19), Hollins Magisterial District. (Arnold Covey, Director of Community Development) December 16, 2003 1139 Mr. Covey reported that CBI Developers has requested the vacation of an unused 20 foot water line easement. CBI Developers revised their subdivision development plans for The Village at Tinker Creek, Section 1, relocating the 20 foot water line easement to another location to allow a different configuration of some of the lots. The Department of Community Development and the Utility Department have both reviewed the submitted plans and approved them for construction. Both departments have no objection to the vacation of this easement. Supervisor Flora disclosed that he has a potential conflict of interest in this matter and will abstain from discussion and voting. There was no discussion on this item and no citizens were present to speak regarding this matter. Supervisor McNamara moved to approve the first reading and set the second reading for January 13, 2004. The motion carried by the following recorded vote: AYES: Supervisors Church, Minnix, Altizer, McNamara NAYS: None ABSTAIN: Supervisor Flora IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to obtain a special use permit to construct a 127-foot broadcasting tower on 3.059 acres located at 6720 Thirlane Road, Catawba Magisterial District, December 16, 2003 1140 upon the petition of Cellco Partnership (Janet Scheid, Chief Planner) DENIAL OF PETITION O-121603-12 Note: This item was presented prior to the Public Hearing and First Reading of Ordinance – Village at Tinker Creek. Ms. Scheid reported that Cellco Partnership (Verizon Wireless) is requesting a special use permit to construct a proposed 127 foot broadcasting tower. The applicant has an existing location at Valleypointe which is inadequate for expansion of their services due to the airport flight path. Other sites were examined but were also deemed inadequate either because of the airport flight path or because they were outside of the Verizon service area. The application is unique in that it is also in conjunction with a manned metropolitan switching station facility which would employ six people. Typically, broadcast towers are unmanned and in remote locations. Ms. Scheid stated that due to the applicant’s emphasis on site security, there would not be any additional leasable space on the tower. The property is approximately 10 feet below Thirlane Road and the tower height would be approximately 160 feet below the height of Green Ridge. Ms. Scheid advised that the broadcast tower is proposed to be constructed of non-reflective, galvanized steel. The Federal Aviation Administration (FAA) will require the broadcast tower to be lighted due to the proximity to the airport. December 16, 2003 1141 The site is not located within a Blue Ridge Parkway view shed. Ms. Scheid stated that the Planning Commission heard this petition on December 2 and received comments from citizens expressing concerns about increased traffic on Thirlane Road and the visibility of the tower from their property. The Planning Commission recommended approval of the petition with the following six conditions: (1) The site and location of the broadcast tower shall be in substantial conformity with the concept plan; (2) The maximum height of the broadcast tower shall be 127 feet; (3) The broadcast tower shall only be constructed in conjunction with the proposed switching station; (4) The broadcast tower shall be monopole in design; (5) The lighting shall be in accordance with the October 8, 2003, FAA approval; (6) Any and all fixed antennas and microwave dishes shall be light gray in color to match the tower. Mr. Eric Lewis,6803 Thirlane Road, stated that he has examined articles written in journals regarding the severity of microwave damage to individuals. He also voiced concerns about safety and traffic along Thirlane Road. Mr. Lewis presented a petition opposing the tower signed by residents of Thirlane Road and Connie Drive, as well as commercial businesses in the area. Mr. Richard Sayers,representative for Cellco Partnership (Verizon Wireless), stated that the facility is unique in that Verizon is in need of a regional hub which will have the capability to connect with other sites and facilities in and outside of Virginia. The current location at Valleypointe is insufficient to meet the growing needs of Verizon due to the airport’s flight path and restrictions within the park. Verizon has December 16, 2003 1142 spent approximately three years searching for additional sites and this site, which is zoned C-2, was deemed the best available site. Mr. Sayers noted that the 127’ tower is within Roanoke County’s limitations and is considerably less than Verizon’s normal tower height of 250 feet. The facility will provide Verizon with the opportunity to enhance existing coverage, expand and facilitate emergency coordination, provide for redundancy within the system, and offer the opportunity for future growth. The facility will be manned by six employees and any traffic impact will be minimal. As previously mentioned, the tower will be constructed to blend with the surrounding community and will be used only by Cellco Partnership and its affiliates. Supervisor Church asked Mr. Sayers to specify why this particular location is the most beneficial for Verizon Wireless. Mr. Sayers reported that the current location is not sufficient to provide the needed broad-range coverage and accommodate the additional equipment; this location will allow Verizon Wireless to establish a regional hub; it will provide for future growth in terms of facilities and coverage; and it will provide redundancy of the systems. In response to an inquiry from Supervisor Church, Mr. Sayers indicated that the current location is in Valleypointe Park. Supervisor Church requested clarification regarding why the 127 foot height is needed, and asked if Verizon Wireless would be willing to accept a lower height restriction. Mr. Sayers stated that the 127 foot height was the height approved by the FAA and is sufficient to meet the needs of Verizon for the foreseeable future. December 16, 2003 1143 Mr. Keith Simmons, Senior Performance Engineer for Verizon Wireless, reported that the 127 foot height is necessary in order to cover the I-581 interchange at the existing coverage levels and also provide the opportunity to add microwave dishes onto the tower to communicate with the remainder of Verizon’s network. In response to an inquiry from Supervisor Church, Mr. Simmons indicated that a switching station is the “main brain” where all cellular phones communicate. Currently, all cellular phone calls are switched through a facility in Richmond, Virginia. This facility would allow calls to be switched locally. With respect to health concerns, Mr. Simmons reported that the point-to- point communication microwave system currently in use at Valleypointe is the same microwave that will be used at the proposed new facility. Verizon will simply be moving existing equipment to a new location. Supervisor Church requested that John Chambliss, Assistant County Administrator, provide background information regarding traffic flow data along Thirlane Road. Mr. Chambliss reported that the Police Department has received reports in the past regarding speeding and other traffic concerns on Thirlane Road. Mr. Chambliss indicated that Sgt. Kincaid would be in touch with community representatives and would increase surveillance and speed enforcement on Thirlane Road. These problems are sometimes sporadic and are addressed on an as needed basis. Mr. Chambliss reported that no information was available to indicate that an increase in traffic would be anticipated, and it is expected that this will have a minimal impact. December 16, 2003 1144 Supervisor Church questioned how many employees would be at the proposed site. Mr. Sayers reported that initially six employees would work at the facility. Ms. Lisa Allagas, 6828 Thirlane Road, spoke in opposition to the proposed cell tower in a family community. She stated that just as Verizon spent three years looking for a site for a new facility, their family spent two years looking for a new home. She voiced concerns about the health risks of exposure to microwaves including increased risk of various types of cancer, cardiac, neurological and reproductive health effects. She stated that residents should not have to trade their health for technological gains. Mr. Lewis voiced additional concerns regarding traffic along Thirlane Road, and stated that no improvements are projected for this narrow, curving road. He noted that there is barely enough room for two cars to pass on the road, and the road cannot accommodate any additional traffic. Ms. Shirley Lewis, 6803 Thirlane Road, stated that she is not opposed to the appearance of the tower, but voiced concerns about the potential health risks of exposure to the microwaves. She indicated that there are many elderly citizens and children in the community. With respect to proposed health risks, Supervisor Flora questioned what the difference is between the signal leaving the microwave tower and the signal that is received on an individual’s cell phone. Mr. Simmons reported that the signal coming from the microwave tower is aimed directly at another microwave dish and this is called December 16, 2003 1145 point-to-point communication. It transmits a narrow beam at 6 Ghz. The signal on an individual’s cell phone is at a lower frequency and signal strength is determined by a number of different variables. Mr. Simmons noted that the move from Valleypointe to the new location simply duplicates the existing service. Mr. Simmons did not have information available to clarify if a risk exists with the microwave tower and whether that same risk exists for an individual operating a cell phone. Supervisor Minnix stated that he does not know if the health issue can be resolved definitely; however, he noted the following concerns: (1) the tower is almost as high as a twelve story building and will contain multiple dishes; (2) the tower would have an adverse impact on the surrounding community due to lower property values. He stated that Roanoke County wants to attract business, but stated that Roanoke County continues to struggle with towers and their impact on ridgelines. He indicated that he cannot support this item in its existing form due to the impact on the community. Supervisor Church noted that the Board is reluctant to disrupt established neighborhoods. He stated that although he does not agree that the facility will have an adverse impact on traffic along Thirlane Road, the Board must consider how the surrounding community will be impacted. He indicated that he was looking for flexibility on the part of Verizon with regard to the 127 foot height requirement. Supervisor Church moved to deny the request for a special use permit. The motion carried by the following recorded vote: December 16, 2003 1146 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 121603-12 DENYING GRANTING A SPECIAL USE PERMIT TO CELLCO PARTNERSHIP (VERIZON WIRELESS) TO CONSTRUCT A 127-FOOT BROADCASTING TOWER ON 3.059 ACRES TO BE LOCATED IN THE 6700 BLOCK OF THIRLANE ROAD (TAX MAP NO. 37.10-1-4) CATAWBA MAGISTERIAL DISTRICT WHEREAS, Cellco Partnership (Verizon Wireless) has filed a petition for a special use permit to construct a 127-foot broadcasting tower on 3.059 acres to be located in the 6700 block of Thirlane Road (Tax Map No. 37.10-1-4) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 2003; the second reading and public hearing on this matter was held on December 16, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Church to deny the request for a special use permit, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of an ordinance to obtain a special use permit to construct a mini warehouse facility on 4.0 acres located in the 5300 block of Hollins Road, Hollins Magisterial District, upon the petition of Berk, LLC (Janet Scheid, Chief Planner) O-121603-13 Ms. Scheid stated that this property is zoned I-2 Industrial and is designated principal industrial in the Roanoke County Comprehensive Plan. The petitioner proposes to develop 52,850 square feet of mini warehouses broken into four December 16, 2003 1147 different groups. Three buildings will run parallel to Hollins Road and one will run perpendicular to Hollins Road. Approximately 3.3 of the 4.0 acres will be developed and an access point will be at the northern portion of the property along Hollins Road. Ms. Scheid indicated that a storm water detention facility is shown on the front of the property. The plan also shows a 2,500 square foot office/apartment, which is allowed as an accessory facility for the resident manager of the mini warehouse. Ms. Scheid reported that the Planning Commission approved this request on December 2 with the following five conditions: (1) A buffer yard shall be established to the rear of the property; (2) No off-premise advertising signs shall be constructed on the property; (3) A minimum 15’ wide riparian buffer shall be designed and installed; (4) 100% of the developed site and impervious development shall be detained in a stormwater detention facility; and (5) The buildings shall be neutral in color. In response to an inquiry from Supervisor Flora, Ms. Scheid clarified that the property is located between Hollins Road and the railroad and is adjacent to the existing industry that adjoins Nell Drive. Mr. Sean Goldsmith, Providence Engineering, spoke as a representative for Berk, LLC. He stated that his client has already negotiated with VDOT concerning road widening, and the site is now a 3.2 acre site rather than 4.0 acres. The concept plan reflects this change. He stated that proposed road improvements have been considered in the concept plan, and Berk, LLC anticipates installing a deceleration lane December 16, 2003 1148 as required by VDOT. The site is currently undeveloped and sits between two developed industrial parcels which are also owned by Berk, LLC. There were no citizens present to speak on this matter. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 121603-13 GRANTING A SPECIAL USE PERMIT TO BERK, LLC TO CONSTRUCT A MINI-WAREHOUSE FACILITY ON 4.0 ACRES TO BE LOCATED IN THE 5300 BLOCK OF HOLLINS ROAD (TAX MAP NO. 39.05-2-1.1) HOLLINS MAGISTERIAL DISTRICT WHEREAS, Berk, LLC has filed a petition for a special use permit to construct a mini-warehouse facility on 4.0 acres to be located in the 5300 block of Hollins Road (Tax Map No. 39.05-2-1.1) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 2, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 18, 2003; the second reading and public hearing on this matter was held on December 16, 2003. NOW, THEREFORE, BE IT RESOLVED 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 Berk, LLC to construct a mini-warehouse facility on 4.0 acres to be located in the 5300 block of Hollins Road in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following condition: (1) A buffer yard shall be established to the rear of the property, utilizing Type B, Option 2 from the Screening, Landscaping, and Buffer Yards standards. (2) No off-premise advertising signs shall be constructed on the property. (3) A minimum 15’ wide riparian buffer shall be designed and installed along the edge of pavement from the access point to the southern property line. This buffer shall be between the storm water detention facility and the developed area December 16, 2003 1149 and will help with storm water quality for this site. This buffer shall be a combination of groundcover, shrubs, and trees. (4) 100% of the storm water runoff from the developed site and impervious surfaces shall be detained in a storm water detention facility. If there is a portion of the site’s storm water runoff that cannot be detained in a storm water detention facility, then the applicant shall request written permission from the Roanoke County Engineering staff to take alternative measures for detention. (5) The buildings shall be neutral in color. 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCE 1. Second reading of an ordinance amending the Roanoke County Code by the amendment of Section 2-7. “Reimbursement of Expenses Incurred for Emergency Response.” (Paul Mahoney, County Attorney) This item was postponed until the January 13, 2004 meeting. IN RE: NEW BUSINESS 1. Approval of settlement with General Electric and others with regard to pending litigation, namely Roanoke County vs. General Electric (Dixie Caverns Landfill). (Paul Mahoney, County Attorney) December 16, 2003 1150 A-121603-14 Mr. Mahoney requested the Board’s approval and authorization for the County Administrator and the County Attorney to execute a settlement agreement to settle litigation pending in the United States District Court for the Western District of Virginia, Roanoke County vs. General Electric and others. He noted that this is a long- standing litigation which began when Roanoke County began to pursue actions against a variety of other potentially responsible parties arising out of the environmental clean up at Dixie Caverns Landfill. As part of the settlement agreement, Roanoke County will receive $390,000 from General Electric, $90,000 payable in three annual installments of $30,000 each from Virginia Fiberglass Products; and $10,000 from John Hall and Associates. Mr. Mahoney advised that staff is requesting that the Board of Supervisors authorize the County Administrator to execute the settlement agreement on behalf of Roanoke County, and that he be authorized to take such actions as may be necessary to conclude the litigation, all upon form approved by the County Attorney. Staff also recommends that the proceeds be placed in the Board’s unappropriated capital fund for subsequent appropriation. There was no discussion on this item. Supervisor McNamara moved to approve staff recommendation. The motion carried by the following recorded vote: December 16, 2003 1151 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: He bid farewell to Supervisor Minnix and expressed his pleasure at having the opportunity to work with him. He noted that the Board and staff will still be able to see Supervisor Minnix through his service on the Western Virginia Water Authority Board. Supervisor Minnix: He expressed his appreciation to the citizens for allowing him the opportunity to serve as their representative for the past 12 years, and encouraged them to be active participants in what takes place in their government. He recognized County staff for the quality of their work, and he expressed appreciation to Elmer Hodge for his leadership. He voiced his pleasure at having the opportunity to serve with his fellow Board members, and asked that they continue to be good servants to the people of Roanoke County. Supervisor McNamara: (1) He stated that as Supervisor Minnix had done throughout his career, he was still giving the credit to others. He expressed appreciation to Supervisor Minnix for his years of service. (2) He advised that the Christmas Tree Lighting which was cancelled due to inclement weather this year will be held again next year, and noted that plans would be in place for an alternative date in the event that cancellations are necessary due to weather. (3) He expressed December 16, 2003 1152 appreciation to his fellow Board members and the citizens for having the opportunity to serve as Chairman in 2003. (4) He wished everyone a safe, happy holiday season. Supervisor Minnix: On behalf of the Board, he expressed his appreciation to Chairman McNamara for his service as Chairman in 2003. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 8:25 p.m. until Tuesday, th December 30, 2003 at 9:30 a.m., 4 Floor Conference Room, Roanoke County Administration Center, 5204 Bernard Drive, for the purpose of a joint meeting with Roanoke City Council concerning the proposed Western Virginia Water Authority. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman