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HomeMy WebLinkAbout11/18/2003 - Regular November 18, 2003 1037 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 18, 2003 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the third Tuesday and the regularly scheduled meeting of the month of November, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:06 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 Dr. Morris Bennett, Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to B. Clayton Goodman, III, for his 10 years of service as Town Manager for the Town of Vinton November 18, 2003 1038 R-111803-1 Chairman McNamara presented the resolution to Mr. Goodman. Also participating in the presentation were Supervisor Altizer and Mr. Hodge. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 111803-1 OF APPRECIATION TO B. CLAYTON GOODMAN, III FOR HIS TEN YEARS OF SERVICE AS TOWN MANAGER FOR THE TOWN OF VINTON WHEREAS, B. Clayton Goodman, III has served as Vinton Town Manager since 1993 and effective December 1, 2003, has been appointed as the Montgomery County Administrator; and WHEREAS, prior to becoming the Vinton Town Manager, Mr. Goodman, a graduate of Virginia Tech, served as Buena Vista City Manager from 1988 to 1993; City Manager of Austell, Georgia, from 1985 to 1988; Montgomery County Assistant Administrator from 1981 to 1985; and Administrative Assistant of Fairmont, West Virginia in 1980; and WHEREAS, Mr. Goodman, as the Vinton Town Manager, has consistently worked for the benefit of the Town of Vinton, Roanoke County, and the Roanoke Valley by supporting economic development projects, tourism, regional cooperation and innovative concepts; and WHEREAS, the citizens of Roanoke County and the Town of Vinton have benefited from Mr. Goodman’s dedication and contributions through his activities and leadership on the Roanoke Valley Economic Development Partnership, the Fifth Planning District Regional Alliance, the Roanoke Valley Resource Authority, and the Roanoke Regional Cable Television Committee; and WHEREAS, during Mr. Goodman’s service as Vinton Town Manager, many projects were completed including the gainsharing agreement with Roanoke County, cooperative fire and rescue efforts, establishment of the Roanoke Valley Greenway Commission, renovation of downtown Vinton, creation of the Vinton Business Center; and adoption of a cable television franchise agreement; and WHEREAS, Mr. Goodman has been a good friend and neighbor to the citizens of Roanoke County, and his enthusiasm, dedication, and commitment will be November 18, 2003 1039 missed as he moves forward with his new responsibilities for the County of Montgomery. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke B. CLAYTON GOODMAN, III County, does hereby extend its sincere appreciation to for ten years of service to the residents of the Town of Vinton and for his dedication to maintaining the high quality of life for all of the people of the Roanoke Valley; and FURTHER, BE IT RESOLVED that the Board of Supervisors does hereby extend its sincere best wishes to Mr. Goodman in his future endeavors as Montgomery County Administrator. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Proclamation declaring November 16 through 22, 2003 as "American Education Week" in the County of Roanoke Chairman McNamara presented the proclamation to Allyn Mitchell, Northside High School. Also present was Dr. Linda Weber, Superintendent. 3. Recognition of the Utility Department for receiving the 2002 Water Fluoridation Quality Award for Spring Hollow Water Treatment Facility from the United States Center for Disease Control and Prevention Ron Conner, Regional Field Director of the Virginia Department of Health’s Lexington Environmental Engineering Field Office, presented the award to Gary Robertson and the following Utility Department staff representatives: Jeff Booth, Water Production Supervisor, and Toby Wiseman, Lab Supervisor. IN RE: BRIEFINGS November 18, 2003 1040 1. Briefing regarding the 2002-2003 Annual Review of the Roanoke Valley Convention and Visitor's Bureau. (David Kjolhede, Executive Director of the Roanoke Valley Convention and Visitor's Bureau) Mr. Kjolhede advised that the Convention and Visitor’s Bureau (CVB) budget for fiscal year 2002-2003 was $1.2 million. During this time period, $77,932,000 total direct spending revenue was realized for the Roanoke Valley as a result of the CVB’s programs. The estimated direct spending for the following areas was reported: convention sales - $17,499,520; sports marketing - $8,622,500; conventions hosted - $33,726,100; and motorcoach marketing - $1,179,903. Staff is currently working to bring the Outdoor Writers of America Association to the Valley in 2007. Mr. Kjolhede reported that the ad placement budget was significantly impacted by a mid-year reduction in matching funds from the state. He also advised that the golf package program generated $152,556 in total revenue. 2. Briefing regarding the Citizens Advantage System. (Anne Marie Green, Director of General Services) Ms. Green stated that the Citizens Advantage System (CASY), formerly known as the Citizens Inquiry System, has been operational for almost two years. During that time, over 71,000 calls have been entered into the system and successfully resolved. Effective December 15, the internet component of the software which allows citizens to directly input their own issues, questions and concerns, will be implemented. November 18, 2003 1041 Ms. Green advised that the internet component is user friendly and will be accessed through the County’s website. Citizens will see a web submission form through which they can enter an issue, which will then be sent to the appropriate department as set up in the software database. Citizens will receive an inquiry number which can be used by them for follow up if necessary, and will also receive emailed information on the final resolution of the problem. The system will be available to citizens 24 hours a day, seven days a week. Staff will be providing information to the public regarding availability of the system through RVTV Channel 3, the County’s website, and a brochure which will be available at various County locations. IN RE: NEW BUSINESS 1. Request to approve the transfer of funds in the amount of $245,000 from the Center for Research and Technology (CRT) capital fund account to the Roanoke County Industrial Development Authority (IDA) for the purpose of purchasing a 25 acre parcel known as Tax Map No. 63.00-01-01,B. (Doug Chittum, Director of Economic Development) A-111803-2 Mr. Chittum reported that the parcel is located on Prunty Drive and is adjacent to the County owned Center for Research and Technology (CRT). In an effort to purchase property that is strategically located near the CRT, the Industrial Development Authority (IDA) has entered into a purchase contract with the current November 18, 2003 1042 owner in the amount of $500,000. The IDA is conducting soil borings and a Phase I environmental report to ensure acceptability of the property. Closing is set on or about December 1, 2003. The IDA currently has funds in the amount of $260,000 that were realized from the sale of the Valley Gateway shell building in September 2003; therefore, additional funds are needed to purchase the additional acreage. Mr. Chittum indicated that the current balance in the capital account is approximately $1.3 million. CRT is currently undergoing approximately $600,000 in improvements which include grading and building of a regional detention basin. This would leave a balance of $700,000, of which $245,000 would be utilized for this project. The remaining balance would be approximately $455,000 for future improvements. In response to an inquiry from Supervisor McNamara, Mr. Chittum advised that Roanoke County contributes approximately $700,000 - $800,000 to the capital account each year. Supervisor Church moved to approve staff recommendation, approve the transfer of $245,000 from the CRT capital fund account to the Roanoke County Industrial Development Authority. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Request to authorize the County Administrator to execute a performance agreement between the Town of Vinton, County of Roanoke, the Roanoke County Industrial Development Authority, November 18, 2003 1043 and Cardinal IG Company. (Doug Chittum, Director of Economic Development) A-111803-3 Mr. Chittum reported that Cardinal IG, a major supplier to Integrity Windows, is constructing a new 220,000 square foot production facility. This project represents a $23.9 million investment and will create 200 jobs within the first three years of operation. The Town of Vinton and Roanoke County have partnered on the development of the Business Center and will share new tax revenues per a gainsharing agreement between the two jurisdictions. The general parameters of the incentives include the following: $300,000 in Governor’s Opportunity Fund incentives; $125,000 in workforce services training funds from the state; and the Town of Vinton is constructing the new road, water, and sewer into the site. Roanoke County previously appropriated $500,000 to the development of the Vinton Business Center. Supervisor Altizer moved to approve staff recommendation, authorize the execution of a performance agreement between Roanoke County, the Roanoke County Industrial Development Authority, the Town of Vinton, and Cardinal IG Company. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. Request to approve the issuance of revenue bonds by the Industrial Development Authority of Roanoke County in an November 18, 2003 1044 aggregate amount not to exceed $57,500,000 for the benefit of The Glebe, Inc. (Diane D. Hyatt, Chief Financial Officer) R-111803-4 Ms. Hyatt advised that The Glebe, Inc. would like to finance the acquisition, construction, equipping and furnishing of an approximately 350,000 square foot facility for the residence and care of the aged to be known as The Glebe, to be owned and operated by the corporation or its related entity, Virginia Baptist Homes, Inc, and situated on an approximately 65-acre site located in Botetourt County, Virginia. The Glebe would like to issue up to $57.5 million of tax-exempt bonds for this project. The Glebe is a 501(c)(3) corporation, and can only issue tax-exempt bonds through an Industrial Development Authority (IDA). Botetourt County IDA can accommodate this issue if they sell the bonds in 2003. If, however, the bond sale does not occur until 2004, it becomes problematic for Botetourt County because they are planning to issue bank-qualified debt that year. Ms. Hyatt stated that in order to issue bank qualified debt, a locality must issue not more than $10 million in a calendar year. Roanoke County typically issues over $10 million in debt every year. She advised that Roanoke County has already issued over $10 million in 2003, and plans to issue more than $10 million in debt in 2004. Therefore, the County does not plan to use bank qualified debt in either year, and the issuance of the Glebe IDA bonds will not adversely affect the County. November 18, 2003 1045 In response to an inquiry from Supervisor Flora, Ms. Hyatt advised that the IDA does not receive a fee for issuing the bonds; they do, however, recover the expenses related to the transaction. They charge a minimal annual fee to cover their legal and auditing expenses related to that issue. She also indicated that there is no charge for an origination fee. 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 111803-4 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY VIRGINIA, IN AN AGGREGATE AMOUNT NOT TO EXCEED $57,500,000 FOR THE BENEFIT OF THE GLEBE, INC. WHEREAS, The Glebe, Inc. (the “Corporation”), a not-for-profit Virginia nonstock corporation, has requested the Industrial Development Authority of Roanoke County, Virginia (the “Authority”), to issue its revenue bonds, in one or more series from time to time, in an amount not to exceed $57,500,000 (the “Bonds”) pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the “Act”), and the Authority on October 22, 2003, adopted an inducement resolution with respect to the issuance of the Bonds; and WHEREAS, the proceeds of the Bonds will be used to finance the acquisition, construction, equipping and furnishing of an approximately 350,000 square foot facility and related single family cottages for the residence and care of the aged located in Botetourt County, Virginia (the “Project”); and WHEREAS , the Project includes, but is not limited to, the construction and equipping of approximately 133 independent living apartments, 19 single family cottages, a 32-bed private room nursing home, a 32-unit assisted living facility and community center space; and WHEREAS, the Authority on November 6, 2003, has held a public hearing on the issuance of the Bonds and the Authority has recommended that the Board of Supervisors (the “Board”) of Roanoke County, Virginia (the “County”) approve the November 18, 2003 1046 issuance of the Bonds to comply with the Act and Section 147(f) of the Internal Revenue of 1986, as amended (the “Code”); and WHEREAS, a copy of the Authority’s resolution of November 6, 2003, recommending the issuance of the Bonds, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Bonds have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. That the Board hereby approves the issuance of the Bonds by the Authority to the extent required by Section 147(f) of the Code and the Act. 2. That the approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Corporation or an endorsement of the Project, to a prospective purchaser of the Bonds. As required by the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 3. That the County, including its elected representatives, officers, employees, and agents shall not be liable and hereby disclaims all liability for any losses of the Corporation or for damages to the facilities of the Corporation, including the Project, direct or consequential, resulting from the Authority’s failure for any reason to act. 4. That this Resolution shall take effect on and after November 18, 2003. 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 4. Resolution adopting a legislative program for the 2004 session of the Virginia General Assembly, and petitioning the General Assembly to favorably consider the topics and issues addressed therein. (Paul Mahoney, County Attorney) R-111803-5 Mr. Mahoney reported that on October 28, a work session was held to consider legislative initiatives to be adopted as part of the 2004 legislative program for the Virginia General Assembly. The resolution reflects the discussions held at the work November 18, 2003 1047 session, and Mr. Mahoney noted two minor changes: (1) Page 3, Item 9: addition of an amendment to the State Code that would allow the Board to adopt a local ordinance that would impose a processing fee on civil and traffic proceedings. These revenues would be used to support a criminal justice training academy, which might possibly be a joint effort with the City of Roanoke. (2) Page 2, Item 8: addition of the phrase “or a state surcharge on water usage”. Mr. Mahoney advised that a variety of proposals are being developed by different legislative committees, and it is anticipated that the Governor may add a surcharge at the state level on all water transactions by public utilities. Mr. Mahoney stated that he anticipates this would have a negative impact on Roanoke County citizens, and therefore he is recommending that the Board consider opposing such initiatives by the Governor and the General Assembly. Mr. Mahoney advised that Item 1, proposal to amend the County Charter to authorize Roanoke County to adopt a local ordinance to levy and collect taxes on cigarette and tobacco products, is the most difficult. At the October 28 meeting, a public hearing was held and the Board approved this proposed amendment to the charter. At this time, a patron is needed for the legislation and Mr. Mahoney requested the Board’s assistance in this regard. Mr. Mahoney advised that the Joint Rules Committee has adopted a calendar regarding the introduction of bills, and he reported the following important dates: (1) charter amendment bills must be submitted on January 14 (the first day of the session); (2) all bills must be filed no later than January 23; (3) VML/VACo November 18, 2003 1048 Legislative Day is February 12; (4) crossover day is February 17; (5) the General Assembly adjourns on March 13; and (6) the veto session will be April 21. In response to an inquiry from Supervisor Church, Mr. Mahoney stated that in Item 4, the fee was only increased to $250 rather than $1,000 because the state enabling legislation limits the flat fee to $100. He advised that he is aware of several other localities that are planning to recommend that this fee be increased to $250, and he suggested using this same amount in Roanoke County’s request in order to build strength through an alliance with other localities. Supervisor Church indicated that the minimum fee should be $500. Supervisor McNamara moved to adopt the resolution. Supervisor Church requested that Item 4 in the resolution be amended to read as follows: “Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the flat fee from $100 to $250 $500, and to assess this fee as part of the court costs in the criminal/traffic proceedings.” The amended motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 111803-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2004 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN November 18, 2003 1049 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2004 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2004 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2004 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. 4) Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the flat fee from $100 to $500, and to assess this fee as part of the court costs in the criminal/traffic proceedings. 5) Support additional state funding for transportation, and in particular, funding for improvements to I-81. 6) Support legislation that would fund the Smart Road project from statewide funds instead of from the Salem District. This project represents an economic benefit to the entire Commonwealth, therefore funding should not come solely from this region’s highway allocation. 7) Oppose revisions to a merged state/local telecommunications tax that would be collected by the state and redistributed back to localities; oppose telecommunications tax reform that is not part of a comprehensive tax restructuring program; oppose efforts to reduce the amount or control of local governments over the E-911 tax. 8) Oppose the proposal to impose a state surcharge on tipping fees for each ton of solid waste received by any municipal solid waste disposal facility, or a state surcharge on water usage. 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. II. November 18, 2003 1050 That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution as amended: Page 2, Item 4, “Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the flat fee from $100 to $250 $500, and to assess this fee as part of the court costs in the criminal/traffic proceedings. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor McNamara moved to approve first readings and set the second readings and public hearings for December 16, 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. First reading of an ordinance to obtain a special use permit to operate a telecommunication facility and broadcasting tower on 3.059 acres located at 6720 Thirlane Road, Catawba Magisterial District, upon the petition of Cellco Partnership. 2. First reading of an ordinance to obtain a special use permit to construct a mini warehouse facility on 4.0 acres located in the November 18, 2003 1051 5300 Block of Hollins Road, Hollins Magisterial District, upon the petition of Berk, LLC. IN RE: APPOINTMENTS 1. Roanoke County Planning Commission (Appointed by District) Supervisor Flora nominated Gary Jarrell, Hollins District, to serve a four- year term which will expire on December 31, 2007. IN RE: CONSENT AGENDA R-111803-6; R-111803-6.d; R-111803-6.e Supervisor Minnix moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 111803-6 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 November 18, 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 8, inclusive, as follows: 1. Approval of minutes - October 17, 2003 2. Request from schools to accept and appropriate student achievement grant funds in the amount of $12,179 for fiscal year 2004 3. Request from schools to appropriate funds in the amount of $115,397 for student laptop fees November 18, 2003 1052 4. Request from schools to accept and appropriate drug-free communities grant in the amount of $99,956 from the Office of Juvenile Justice and Delinquency Prevention 5. Request to accept Roselawn Court into the State Secondary System 6. Resolution authorizing the application, acceptance and appropriation of grants in the amount of $227,527 from the Office of Domestic Preparedness State Homeland Security Grant Program for the cost associated with terrorism related preparedness and response 7. Request to accept and appropriate Section 5311 grant monies totaling $122,888 from the Virginia Department of Rail and Public Transportation on behalf of Unified Human Transportation Services Inc. for the CORTRAN Program 8. Request to approve the donation of certain real estate for entrance improvements to the Vinton Business Center from Charles Dewey Mitchell, Vinton Magisterial District 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 resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 111803-6.d REQUESTING ACCEPTANCE OF ROSELAWN COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, 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 November 18, 2003 1053 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 Flora, Church, Minnix, Altizer, McNamara Nays: None RESOLUTION 111803-6.e DESIGNATING THE APPLICANTS AGENT, THE ACCEPTANCE OF THE GRANT AND APPROPRIATION OF GRANT MONIES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for and in behalf of the Roanoke County, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the ODP, State Homeland Security Grant Program(s), administered by the Commonwealth of Virginia. That, the Roanoke County, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth and to the Office of Domestic Preparedness (ODP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. FURTHER, the Board of Supervisors of Roanoke County authorizes the acceptance of said grant monies in the amount of $227.527.00 and authorizes the appropriation of said monies for the purposes authorized in the grant application. On motion of Supervisor Minnix to adopt this resolution and passed and th approved this 18 day of November, 2003 by the following vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1. Request to schedule joint work session with the Planning Commission on December 16, 2003, for the purpose of discussing the Comprehensive Plan. (Elmer C. Hodge, County Administrator) November 18, 2003 1054 It was the consensus of the Board to schedule the work session on December 16, 2003. Supervisor Altizer requested that a work session be scheduled on December 2, 2003, to discuss remote control operation of locomotives. It was the consensus of the Board to schedule the work session on December 2. IN RE: REPORTS Supervisor Minnix 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 5. Statement of Treasurer’s accountability per investment and portfolio policy as of October 31, 2003 IN RE: CLOSED MEETING At 4:31 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (30) to discuss the terms and scope of a contract with the City of Roanoke for the creation of the Western Virginia Water Authority, where discussion in open session would affect the November 18, 2003 1055 bargaining position or negotiating strategy of the County. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None th IN RE: WORK SESSIONS – 4 Floor Conference Room 1. Work session to discuss the six-year secondary system construction plan for fiscal years 2004-2010 and review of the revenue sharing priority list for fiscal year 2004-2005. (Arnold Covey, Director of Community Development) The work session was held from 4:41 p.m. until 5:10 p.m. Roanoke County staff present included: Arnold Covey and Anthony Ford. VDOT staff present included: Jeff Echols and Bill Manning. Planning Commission members present: Don Witt, Al Thomason, Steve Azar, Martha Hooker, and Tom Ross. Mr. Covey advised that the following numbered projects are included in the six-year secondary construction plan for fiscal years 2004-2010: #0 - King Brothers Road, #1 - Hollins Road, #2 - McVitty Road, #3 - Old Cave Spring Road, #4 - Colonial Avenue, #5 - Buck Mountain Road, #6 – Cotton Hill Road, #7 – Mountain View Road, #8 – Boones Chapel Road, #9 – Catawba Creek Road, #10 – Dry Hollow Road, #11 – Merriman Road, #12 – John Richardson Road, #17 – Rocky Road. November 18, 2003 1056 The allocation for incidental construction in Roanoke County is $330,000, of which approximately $153,500 is appropriated to rural road additions. There are currently 23 projects on the rural addition priority list. Mr. Covey reported that the Commonwealth of Virginia provides $15 million for the state revenue sharing matching program, with a maximum allocation of $500,000 per locality. Most of the revenue sharing projects involve street maintenance or re-paving. It was the consensus of the Board to schedule a public hearing for December 16, 2003, regarding approval of the six-year secondary construction plan and revenue sharing program. 2. Work session to discuss proposed revisions to the solid waste ordinance. (Anne Marie Green, Director of General Services) The work session was held from 5:17 p.m. until 5:50 p.m. Ms. Green reviewed the current solid waste ordinance and provided recommendations for changes in some of the provisions. The following suggestions were made by the Board for inclusion in the proposed revisions: (1) establish standards regarding public roads (i.e., minimum road width, adequate turnaround, all-weather road, safety factors); (2) develop an appeal process for citizens to follow if it is determined that a private road does not provide safe access for County refuse collection vehicles; (3) it was the consensus of the Board that a requirement to bag all refuse would be difficult to enforce, and this issue should be handled through a public information campaign encouraging November 18, 2003 1057 bagging of waste; (4) it was the consensus of the Board that the provision requiring that trash cans be removed from the curb following collection should allow the citizens to have until 7:00 a.m. the day following trash collection, not 7:00 p.m. on the date of collection, as recommended. IN RE: ABSENCE Supervisor Minnix left the meeting at 5:00 p.m. and returned at 6:10 p.m. IN RE: CLOSED MEETING The closed meeting was held from 6:00 p.m. until 6:40 p.m. IN RE: CERTIFICATION RESOLUTION R-111803-7 At 7:03 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 RESOLUTION 111803-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: November 18, 2003 1058 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman McNamara recognized two boy scouts, Nick and Lucas, who were present at the meeting IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second reading of an ordinance to rezone .81 acres from R-1 Low Density Residential District to C-1 Office District with conditions in order to operate a general office, located at 2415 Electric Road, Windsor Hills Magisterial District, upon the petition of Jeffrey Glick. (Janet Scheid, Chief Planner) O-111803-8 Ms. Scheid reported that the purpose of the rezoning is to convert the existing two story house on the property into a general office. The existing building would be utilized and no new structures are planned. Ms. Scheid stated that VDOT has reviewed the proposal and has preliminarily determined that there is adequate site distance, although a right-hand turn lane will probably be required for the site. She also indicated that the site contains two creeks which have been prone to flooding, as November 18, 2003 1059 recently as this spring and past winter. It is not, at this point, identified on the Federal Emergency Management Association (FEMA) floodplain maps. The Planning Commission approved the request with a vote of 4-0 with two conditions: (1) the development of the site shall be in substantial conformity to the Concept Plan provided to the Planning Commission on November 4, 2003; and (2) use shall be limited to general office. There were no citizens present to speak on this matter and there was no discussion. Supervisor McNamara moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 111803-8 TO CHANGE THE ZONING CLASSIFICATION OF A .81-ACRE TRACT OF REAL ESTATE LOCATED AT 2415 ELECTRIC ROAD (TAX MAP NO. 76.11-3-77) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF JEFFREY GLICK WHEREAS, the first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held November 18, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2003; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: November 18, 2003 1060 1. That the zoning classification of a certain tract of real estate containing .81-acre, as described herein, and located at 2415 Electric Road (Tax Map Number 76.11-3-77) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C- 1, Office District, with conditions. 2. That this action is taken upon the application of Jeffrey Glick. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Development of the site shall be in substantial conformity to the Concept Plan provided to the Planning Commission, dated November 4, 2003, attached hereto as Exhibit A. (2) Use shall be limited to general office. 4. That said real estate is more fully described as follows: BEGINNING at a point in the Cave Spring Road (VA Route 419) at about one mile northwest of Cave Spring the northeast corner of the property of J. T. Engleby (formerly Charlotte Temple property); thence with the northerly line of the Engleby property S. 53° 43’ W. passing an iron pipe at 19 feet and following the existing boundary line fence, in all a total distance of 392.4 feet to a point in the centerline of a branch; thence up said branch, N. 50° 24’ W. 115.49 feet to a point; thence leaving said branch and with a new division line through and across the property of Margie C. Wilson, N. 53° 43’ E. 434.06 feet to a point in the Salem-Cave Spring Road; thence along said road, S. 29° 25’ 30” E. 112.81 feet to the Place of Beginning, containing 1.06 acres, more or less, as shown on plat prepared by C. B. Malcolm, SCE, dated April 12, 1934. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Second reading of an ordinance to rezone 1.88 acres from I-2 Industrial District to AR Agricultural/Residential District in order to construct single family dwellings, located on Eagle Crest Drive, November 18, 2003 1061 Cave Spring Magisterial District, upon the petition of Buck Mountain Land, LLC. (Janet Scheid, Chief Planner) O-111803-9 Ms. Scheid advised that several years ago, the majority of this piece of property was rezoned for the residential subdivision Hidden Ridge. At that time, Buck Mountain Land was still conducting business on this one portion of the site and they wanted to retain the right to conduct the business on this 1.88 acre parcel. They are now ready to close the business and would like to develop the parcel as residential, and are requesting the rezoning from I-2 to AR. The Planning Commission had no concerns about this request, and voted to approve the request 4-0. There were no citizens present to speak on this matter. In response to a question from Supervisor Minnix, Ms. Scheid reported that there were no proffers associated with this rezoning request. She also advised that they will be using County water at the site. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 111803-9 TO CHANGE THE ZONING CLASSIFICATION OF A 1.88-ACRE TRACT OF REAL ESTATE LOCATED ON EAGLE CREST DRIVE (PART OF TAX MAP NOS.98.01-3-99, 27, 31) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-2 TO THE ZONING November 18, 2003 1062 CLASSIFICATION OF AR UPON THE APPLICATION OF BUCK MOUNTAIN LAND, LLC WHEREAS, the first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held November 18, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2003; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.88-acres, as described herein, and located on Eagle Crest Drive (Part of Tax Map Numbers 98.01-3-99, 27, 31) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of I-2, Industrial District, to the zoning classification of AR, Agricultural/Residential District. 2. That this action is taken upon the application of Buck Mountain Land, LLC. 3. That said real estate is more fully described as follows: BEGINNING at Point A, thence S. 64° 14’ 01” E. 110.00 feet to Point B; thence S. 44° 56’ 31” E. 161.18 feet to Point C; thence S. 48° 46’ 25” W. 235.00 feet to Point D; thence S. 62° 38’ 50” W. 103.68 feet to Point E; thence N. 39° 49’ 53” W. 237.30 feet to Point F; thence N. 48° 46’ 25” E. 276.44 feet to Point A, the Place of Beginning, and containing 1.88 acres, more or less, as shown on a plat prepared by Lumsden Associates, P.C. dated September 19, 2003, and attached hereto as Exhibit A. 4. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 3. Second reading of an ordinance authorizing the donation of surplus real estate, Tax Map No. 60.16-09-10, East Cleveland Avenue, Vinton Magisterial District, to Habitat for Humanity. (Elmer C. Hodge, County Administrator) November 18, 2003 1063 O-111803-10 Mr. Hodge reported that this ordinance will donate surplus real estate to Habitat for Humanity for the construction of a home. The lot is adjacent to Roland E. Cook School in Vinton and was declared surplus by the Roanoke County School Board at their meeting on October 9, 2003. The Town of Vinton has been supportive of the project, and Supervisor Altizer has been in contact with citizens in the community. Three citizens attended a recent community meeting to discuss the donation and responses were favorable. Mr. Hodge advised that Karen Mason, Executive Director, and Tom Dalzell, Project Manager, of Habitat for Humanity were present at the meeting. There were no citizens present to speak on this matter and there was no discussion. Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 111803-10 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND DONATING SAME TO HABITAT FOR HUMANITY, NAMELY PROPERTY LOCATED ON EAST CLEVELAND AVENUE (TAX MAP NO. 60.16-9-10) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale or donation, is hereby declared to be surplus; and November 18, 2003 1064 2. That a public notice regarding the donation of this surplus real estate was advertised in the Roanoke Times & World News on November 4 and November 11, 2003; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 28, 2003, and the second reading and public hearing were held on November 18, 2003, concerning the donation to Habitat for Humanity of the following parcel of real estate identified as: Tax Map No. 60.16-9-10 4. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which will be on form approved by the County Attorney. 5. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Francis H. Wilson, 2049 Surrey Lane: He spoke regarding the following issues: (1) He requested a traffic signal at West Ruritan Road and Route 460. It was the consensus of the Board that staff should request a traffic study from VDOT regarding this matter. (2) He encouraged the Board to find a way to provide tax relief for senior citizens by utilizing more creative methods to increase tax revenues (i.e., the off-track betting which was recently approved in the Town of Vinton). (3) He advised that he feels Roanoke County’s ordinance pertaining to fencing should include a provision that states if a fence is to equal or exceed 6’, it must first be approved by the adjoining property owners. Ms. Annie Krochalis, 9428 Patterson Drive: She spoke regarding the following issues: (1) She requested that the recent announcement of an $11 million November 18, 2003 1065 surplus be used to provide staffing at the Catawba and Bent Mountain fire stations. (2) She provided an update to the Board regarding support for a rail solution to provide inter-modal methods of freight transportation. (3) She expressed appreciation on behalf of the Bent Mountain Civic League to the Board members who participated in their recent legislative forum. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised that he has a neighbor who wants to build a 2’ x 3’ stoop on the front of their home. He asked Ms. Scheid, Chief Planner, if this could be accomplished without having to go to the Board of Zoning Appeals (BZA). Ms. Scheid stated that the current laws do not allow waiving of this requirement and noted that in this instance, the proposed addition violates the 30’ setback requirement. At the request of Supervisor Church, staff is to review these requirements for possible modification in the future. (2) He requested that Mr. Hodge have staff evaluate the Montclair Estates swimming pool area in light of recent complaints. Supervisor Minnix: (1) He cautioned the Board to be diligent and wise in spending the $11 million surplus. He noted that additional funding requests will be received from other areas, and advised against spending one-time monies for recurring expenses. (2) He commended Chairman McNamara for an excellent job with this morning’s State of the County Address, and thanked him for the kind words he expressed about him at the meeting. November 18, 2003 1066 Supervisor Flora: (1) He voiced his support for a traffic signal at either East Ruritan Road or West Ruritan Road. He also requested that staff have VDOT evaluate the speed limit in this area. (2) He concurred with Supervisor Minnix’s remarks regarding not spending the $11 million for recurring expenses. (3) He commended Chairman McNamara for his outstanding job on the State of the County Address. Supervisor McNamara: (1) He extended his thanks to the Board members for their support at the State of the County Address. (2) He advised that the Board has not made a practice of using one-time monies to fund ongoing expenses, and noted that the State of Virginia is currently working to resolve budgeting problems that were the result of this type of practice. (3) He stated that it has been a great pleasure to serve as Chairman during 2003. He noted that the State of the County Address will be re- broadcast on RVTV Channel 3 each Wednesday during the month of December at 9:00 a.m. and 6:00 p.m. Mr. Hodge: (1) He thanked Ms. Krochalis for her comments and noted that she is always working hard for the benefit of the Fire and Rescue personnel. He advised that the recently hired additional firefighters will graduate on January 7, 2004, and will be in place at the Catawba, Hollins, and Mason’s Cove fire stations in mid to late January 2004. November 18, 2003 1067 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:48 p.m. until Wednesday, November 19, 2003 at 9:30 a.m., Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, Roanoke, Virginia, 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 November 18, 2003 1068 This page intentionally left blank.