Loading...
HomeMy WebLinkAbout1/9/2001 - Regular January 9, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 9, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the second regularly scheduled meeting of the month of January, 2001. I N RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice- Chairman Joseph B. "Butch" Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens None MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator; Kathie B. Scearce, Community Relations Director I N RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. I N RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS January 9, 2001 Mr. Hodge added an item to the Closed Meeting pursuant to Section 2.1- 344 A (1) personnel matter, assignment and allocation of personnel Supervisor Johnson asked for an item on the impact of closing Catawba Hospital. Mr. Hodge will bring back a report at the January 23, 2001 meeting. IN R: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of AlWreciation to Joseph McNamara for his service as Chair of the Roanoke County Board of Supervisors in 2000. R-010901-1 Chairman Minnix presented the resolution and a plaque to Supervisor McNamara. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None RESOLUTION 01 0901-1 OF APPRECIATION TO JOSEPH MCNAMARA FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2000 WHEREAS, Joseph McNamara served as Chairman of the Roanoke County Board of Supervisors during 2000; and WHEREAS, during Mr. McNamara's term as Chairman, the County achieved a variety of accomplishments, including: . A successful joint retreat with the Board of Supervisors, the School Board and their respective staffs establishing priorities for the year. . Groundbreaking for the construction of the new South County High School and renovations to Glenvar Middle School. . "Celebrate 2000", a year-long successful special events program that highlighted the past, present and future of Roanoke County, and offered activities for all ages. January 9, 2001 . Continued regional cooperation by scheduling joint meetings with the City of Roanoke, the City of Salem, the Town of Vinton, and a picnic at Explore Park for all Roanoke Valley governing bodies. Grand Opening of the first regional fire training facility in the Valley, located at the County's Kessler Mill Road facility, which will serve the training needs for all of Southwest Virginia . . Opening Ceremonies of the 457 acre Roanoke County Center for Research and Technology located in West County which will become a premier technology park. Amendments to the Community Plan utilizing intensive citizen input and community meetings in the Colonial Avenue Corridor and Clearbrook-Route 220 area which will serve as models for other communities in the future. . Successful national accreditation of the Sheriff's Office and reaccreditation of the Police Department. WHEREAS, Mr. McNamara worked diligently during his term to represent all the citizens of Roanoke County and to promote regional projects which would benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to Joseph McNamara for his service as Chairman during 2000 and for his belief in democracy and participation by citizens in local government. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NA YS: . None 2. Introduction of William E. Driver, new Real Estate Valuation Director and Diana L. Rosapepe, new Library Director. Mr. Hodge introduced William E. Driver who has been named the new Director of Real Estate Valuation. He announced that Mr. Driver is a Ce rtified Residential Real Estate Appraiser in the Commonwealth; received his bachelor of business administration degree from East Tennessee State University; and has been employed with Roanoke County since 1984. January 9, 2001 Mr. Hodge also introduced Diana L. Rosapepe, the new Library Director, and advised that she received a bachelor's degree in History and English Literature and her master's degree in Library Science from Brigham Young University; has been with Roanoke County since 1986; and served as Branch librarian until 1990 when she was named Assistant Library Director. 3. Recognition of Roanoke County libraries for receiving Awards from the Virginia Public Library Directors Association for: (1} "Outstanding Program for Seniors" and (2) "Best Cooperative Program" . Library Director Spencer Watts reported that the Virginia Public Library Directors' Association presents annual awards for outstanding programs and services. All of the ninety library systems in Virginia are eligible for the awards which are based on a competitive review process. For the year 2000, Roanoke County won two of the eight statewide awards for outstanding programs. The Library won an award for "Outstanding Program for Seniors", in recognition of our "Life on the Home Front" oral history project and supporting programs. Project participants interviewed over thirty individuals from the Roanoke Valley, and audiotaped and transcribed their accounts of life during World War II. Dr. Norma Jean Peters, a member of the Library Board and one of the project participants accepted the award on the behalf of the libraries. Roanoke County also won an award for "Best Cooperative Program", based on the inter-departmental efforts involved in planning and staging the "Tons of Fun at the Mall" festival, which kicked off the County's schedule of special events for the Year 2000. The planning efforts of staff from the Library, Parks and Recreation, January 9, 2001 Schools, and Information Technology departments, and the close working relationship this group formed with mall management and merchants, resulted in a heavily attended and very successful event. Nicole Bird, Information Technology; Myra Sellers, Parks and Recreation; and Sherry Pearson, Libraries; accepted the award. Supervisor Johnson noted that Mr. Watts has accepted another position and asked that he be recog n ized at the next meeti ng. I N RE: NEW BUSINESS 1. Request for agpropriation of final year-end balance from school operations for the year ended June 30, 2000. (Dr. Linda Weber, School Superintendent) A-O 1 0901-2 Dr. Weber advised that as a result of year-end operations, school revenue exceeded the budgeted amount by $691 ,389, while savings in major spending categories accounted for $1 ,783,813. This generated a year end balance for school operations of $2,475,202. Dr. Weber included a list of recommended expenditures for the year-end balance, which included $650,000 to purchase school buses. Supervisor Johnson explained that he was concerned that the state would not provide funds for teacher raises, and that he supported spending the funds for school buses but holding the remaining funds to see what the General Assembly does for education. Supervisor McNamara disagreed, and felt that the schools should spend for the items they felt were high priority. He moved to approve the request in its entirety. Supervisor Nickens supported Supervisor Johnson's suggestion to wait to approve the appropriation, but he felt the funds must be spent on non-recurring capital January 9, 2001 expenses. Supervisor Church agreed with Supervisor McNamara that the Schools should be allowed to spend their year-end balance as they wished. There was discussion and questions on some of the items listed in Dr. Weber's recommended list of expenditures. Supervisor Nickens moved to close debate and called for the question. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None Supervisor Nickens offered a substitute motion to appropriate $650,000 for school buses and bring back other funding requests to discuss at a work session and take action at the January 23, 2001 meeting. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, Nickens, Minnix Supervisors McNamara, Church 2. Request for ~47,100 to match ~175,OOO TEA-21 Grant to construct the Roanoke River Greenway in Green Hill Park. {Pete HaisliR., Parks, Recreation and Tourism Director} A-O10901-3 Mr. Haislip advised that on December 19, 2000, Parks, Recreation, and Tourism staff and Liz Belcher, Greenway Coordinator for the Greenway Commission, held a work session with the Board of Supervisors to update them on the status of the Roanoke River Greenway, and to outline the proposed plan of action for the planning and construction of the Roanoke River Greenway in Roanoke County. Staff presented plans regarding the joint effort of Salem and Roanoke County to complete portions of the trail utilizing a $300,000 TEA-21 grant that had been awarded to Salem and January 9, 2001 Roanoke County. Mr. Haislip advised that staff from Salem and Roanoke County met and decided to allocate $175,000 of this grant to construct the Green Hill section of the trail with Salem retaining $125,000 to engineer the remainder of the Roanoke River Greenway to be located in Salem. The total cost of the Green Hill project is $222,100. At the work session the Board supported proceeding with the construction of the section in Green Hill. Staff is requesting matching funds of $47,1 00 from the General Fund Unappropriated Balance to complete this project. Supervisor Church noted that use of Green Hill Park is growing daily and moved to appropriate $47,1 00 from the General Fund Unappropriated Balance. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None 3. Request to agprove ~12,549 funding for Roanoke County's share of VMLNACo assessment for AEP Negotiations. (Gary Robertson, Utility Director} A-O10901-4 Mr. Robertson reported that Roanoke County's current contract with American Electric Power (AEP) was approved in 2000 and expires June 30, 2002. While AEP is legally obligated to continue to supply power to local governments after the contract ends on June 30, 2002, they have made it clear that future rates to local governments should be at market rates. Industry experts feel that this could result in a rate increase of up to 18%. The VML/V ACO steering committee has recommended that the following steps be taken: (1) Pursue legislation to ensure that governmental January 9, 2001 electric customers have "rate cap" protection until July 1, 2007. Delegate Terry Kilgore has agreed to introduce it in the 2001 session. (2) Negotiate with AEP to "unbundle" their rates into distribution, transmission and generation components. (3) Monitor and participate in proceedings at the see and expected legislative activity; and (4) The probable need to develop a Request for Proposals for the procurement of electric service after deregulation. This could happen through either a Cooperative Procurement, Joint Powers Agreement, or an Electric Procurement Association. At this time the Steering Committee is recommending that we pursue the development of a joint entity for the procurement of electric power. Mr. Robertson explained that while it is difficult to estimate the amount of legal and consulting assistance that will be needed over the next few years, the Committee has recommended a budget of $500,000 for the next three years. This would be $200,000 at this time, $200,000 on July 1, 2001, and $1 00,000 on July 1, 2002. Roanoke County's share of the $500,000 budget is $31 ,372.50 of which $12,549. is due at this time. The remaining funds can be included in the next two fiscal year budgets. The $12,549 assessment could be charged equally between the County, the Schools and the Utility Fund. In response to a question from Supervisor Johnson, Mr. Robertson advised that he did not know if deregulation was complete but he had received a timetable. Supervisor Johnson moved to appropriate $12,549, with $4,183 from the General Fund, $4,183 from the Utility Fund, and $4,183 from the Schools. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None January 9, 2001 4. Request for acceptance of grants awarded by the Bill and Melinda Gates Foundation and alWropriation to the Public Library Budget. (Spencer Watts, Library Director) A-O10901-5 Mr. Watts reported that the Roanoke County Public Library has been awarded two grants by the Bill and Melinda Gates Foundation. One grant, in the amount of $8,058 is intended to purchase computers and software for the Mount Pleasant Branch Library in support of the expansion of public access to computers and the Internet. A second grant of $43,118 has been awarded to establish a regional training lab at the Vinton Branch Library. Grant funds will be used to purchase eleven computers, a server, a laser printer, and a projector. While grants for the individual building installations, such as the one received for Mount Pleasant, were based on a set of fairly standardized demographic criteria, the grants for the training labs were highly competitive, and only seventeen lab grants were awarded throughout the state. In addition to the funding received via the Gates grants, the library will soon be awarded additional grants through the Library of Virginia's Infopowering partnership, a complementary program to the Gates effort. These additional grants will be for the purchase of public access equipment at the Glenvar, Vinton, and Bent Mountain branches, and provide funding for facility improvements and furnishings in support of the training lab at Vinton. Supervisor Nickens moved to accept and appropriate the Bill and Melinda Gates Foundation grant funds. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None January 9, 2001 5. AlWointment of Board Members to Committees, Commissions and Boards for 2001. (Mary H. Allen, Clerk to the Board} A-O10901-6 Ms. Allen advised that the Board received a list of the 2000 Committee Assignments with the exception that the appointments specific to the chairman and vice chairman are now listed under Chairman Minnix and Vice Chairman Church's name for 2001. Mr. Allen explained that the Board of Supervisors may make any modifications they wish. Many of the appointments are for specific terms and those appointments should be made at the expiration of the terms, although the Board may also make changes to these appointments if they desire. Ms. Allen pointed out that in January 2000, the Board appointed Supervisor Church to complete former Supervisor Fenton Harrison's term on the Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization, which expires July 1, 2002. On February 8, 2000, with Supervisor Church's concurrence, Mr. Harrison was reappointed to complete his original term. The Board may wish to appoint a Board member to complete this term or wait until the appointment becomes vacant on July 1, 2002. Supervisor Church suggested that Mr. Harrison fill this appointment until Mr. Harrinson's term as Chair is completed. Supervisor Nickens moved to approve appointments for 2001 with changes for Chair and Vice Chair and addition of Supervisor Church to the School Construction Committee and the removal of School Construction Advisory Committee since it is no longer active. The motion carried by the following recorded vote: A YES: NA YS: -- - -- -- - -- -- -- -- -- -- -- -- -- -- - -- -- January 9, 2001 Supervisors Johnson, McNamara, Church, Nickens, Minnix None BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS 2001 JOSEPH B. CHURCH Virginia Association of Counties legislative liaison (As Vice-Chairman) Roanoke Valley-Alleghany Regional Commission(3 year term expires 6/30/200 1 ) Roanoke County Cable Television Committee (Representing Catawba District) Virginia's First Regional Industrial Facilities Authority - alternate (4-year term expires 9/24/2002) Roanoke Valley-Alleghany Regional Commission Water Supply Policy Co m m ittee School Construction Committee (Appointed by School Board 11/1999) BOB L. JOHNSON Total Action Against Poverty Board of Directors (2-year term expires 5/5/2000. Mr. Johnson appointed Mrs. Elizabeth Stokes as his designee.) Virginia's First Regional Industrial Facilities Authority (4-year term expires 9/24/2002 ) JOSEPH MCNAMARA Audit Committee Clean Valley Council (2-year term expires 6/30/2001) Roanoke Valley-Alleghany Regional Commission (3-year term expires 6/30/2002 ) School Construction Committee (appointed by the Board of Supervisors on January 13, 1998) Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization (3-year term expires 7/1/2002) H. ODELL MINNIX Roanoke Valley Economic Development Partnership {As Chairman} Virginia Association of Counties liaison {As Chairman} Fifth Planning District Regional Alliance (As Chairman} Urban Partnership {As Chairman} Audit Committee January 9, 2001 -- Social Services Advisory Board (4-year term expires 8/1/2002) Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization (3-year term expires 7/1/2002) Lewis Gale Hospital Bio-ethics Committee -- -- HARRY C. NICKENS -- Roanoke Valley Regional Cable Television Committee Roanoke County Cable Television Committee Virginia Association of Counties Region 9 Director (elected by VACo) -- -- I N RE: FIRST READING OF ORDINANCES 1. Ordinance to vacate a sanitary sewer easement and access easement on plat entitled, "Section No.1, The Groves", Plat Book 17, Page 89, a portion of a 20-foot access easement on plat entitled, "Pump Station Lot (0.400 Ac.) and 20' Access Easement," Plat Book 17, Page 1 01, and a 20' water line easement on plat entitled, "Section No.3, The Groves," Plat Book 18, Page 153, and further shown as Existing Sanitary Sewer and Access Easement (P.B. 17, PG. 89ì Existing 20' Access Easement (P.B. 17, PG. 101) and Existing 20' Water Line Easement (P .B. 18, PG.153) on plat entitled, "Section No.5, The Groves," Plat Book 21, Page 40, within the boundaries of Monet Drive, located in the Cave Spring Magisterial District. (Arnold Covey, Community Development Director} Mr. Covey reported that In order for this portion of Monet Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-at-way be tree and clear at any third party January 9, 2001 rights and encumbrances. The vacation of the sanitary sewer easement and 20' water line easement to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facilities and the condition that the facilities located within the 50-foot right-at-way at Monet Drive, Section No.5, The Groves, may continue to occupy the street in the existing condition and location. The Utility Department is in agreement with th is req uest. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for January 23, 2001. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None I N RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the vacation, quit- claim and release of a portion of an existing 1 OO-foot draina~ easement shown on 'Plat Showing New Drainage Easement Being Granted to County of Roanoke', Plat Book 13. Page 59\ on property owned by DFC Roanoke, LLC, and located in the Hollins Magisterial District. Development Director} (Arnold Covey, Community 0-010901-7 There were no changes to the ordinance and no discussion. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: A YES: Supervisors Johnson, McNamara, Church, Nickens, Minnix January 9, 2001 NA YS: None ORDINANCE 01 0900-7 AUTHORIZING THE VACATION, QUIT-CLAIM AND RELEASE OF A PORTION OF AN EXISTING 100-FOOT DRAINAGE EASEMENT SHOWN ON 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE', PLAT BOOK 13, PAGE 59, LOCATED ON PROPERTY OWNED BY DFC ROANOKE, LLC (TAX MAP #40.01-1-4.3) AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by Deed of Easement dated October 15, 1990, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1337, page 540, F & W Community Development Corporation, as owner of the property designated on the Roanoke County land Records as Tax Map No. 40.01-1-4, conveyed to the Board of Supervisors of Roanoke County, Virginia, a 1 00' drainage easement as depicted on 'Plat Showing New Drainage Easement Being Granted To County of Roanoke' of record in the aforesaid Clerk's Office in Plat Book 13, page 59; and, WHEREAS, F & W Community Development Corporation subsequently subdivided a portion of said tract of land, and the subject property is located between Crumpacker Drive and Cortland Road in the Hollins Magisterial District and is now designated upon the Roanoke County land Records as Tax Map No. 40.01-1-4.3; and, WHEREAS, the Petitioner, DFC Roanoke, LLC, is the current owner of the property and has requested that the Board of Supervisors vacate, quit-claim and release a portion of the above-described existing 100' drainage easement as shown on Exhibit A attached hereto; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on December 19, 2000, and a second reading was held on January 9, 2001. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate (portion of drainage easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit-claim and release of a portion of an existing 1 00' drainage easement across property of DFC Roanoke, LLC, located between Crumpacker Drive and Cortland Road in the Hollins Magisterial District of the County of Roanoke, cross-hatched and designated as "1 00' WIDE DRAINAGE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said easement having been acquired by deed of easement dated October 15, 1990, and recorded in the aforesaid Clerk's Office in Deed Book 1337, page 540, shown and designated as "NEW 1 00' DRAINAGE EASEMENT" on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', recorded in the aforesaid Clerk's Office in Plat Book 13, page 59, is hereby authorized and approved. 4. That Petitioner, DFC Roanoke, LLC, shall be responsible for all January 9, 2001 costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Second reading of ordinance to vacate a portion of a 15-foot drainage easement on plat entitled "Subdivision of the Orchards, Section 2, Agplewood", Plat Book 9~age 112, and further shown as "Existing 15 foot Drainage Easement (P .B. 9,- PG. 112)" in Plat Book 13, Page 59, located in the Hollins Magisterial District. (Arnold Covey, Community Development Director} 0-010901-8 There was no discussion and no changes to the ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None ORDINANCE 010900-8 TO VACATE A PORTION OF A 15-FOOT DRAINAGE EASEMENT ON PLAT ENTITLED 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', PLAT BOOK 9, PAGE 112, AND FURTHER SHOWN AS "EXISTING 15' DRAINAGE EASEMENT (P.B.9 PG. 112)" IN PLAT BOOK 13, PAGE 59, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT January 9, 2001 WHEREAS, by subdivision plat entitled 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', dated September 14, 1977, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 112, a fifteen-foot (15') drainage easement was shown and created on remaining property of F & W Community Development Corp., the subject easement being designated on said plat as "15' DRAINAGE EASEMENT"; and, WHEREAS, the subject easement is further shown and designated as "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)", on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', dated July 31, 1990, and recorded in the aforesaid Clerk's Office in Plat Book 13, page 59; and WHEREAS, the Petitioners, F & W Community Development Corporation and DFC Roanoke, LLC, are the current owners of these properties designated on the Roanoke County land Records as 40.01-1-4 and 40.01-1-4.3, respectively, and have requested that a portion of the above-described existing 15' drainage easement be vacated; and, WHEREAS, the construction of a proposed multi-family development will result in an encroachment on the subject drainage easement and the Petitioners have requested that it be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended); the public hearing and first reading of this ordinance was held on December 19, 2000, and the second reading of this ordinance was held on January 9, 2001. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of the existing drainage easement being designated and shown as "15 FOOT DRAINAGE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said easement having been shown and designated as "15' DRAINAGE EASEMENT" on the subdivision plat entitled 'SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', dated September 14, 1977, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 112, and further shown and designated as "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)", on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...', dated July 31, 1990, and recorded in the aforesaid Clerk's Office in Plat Book 13, page 59, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of January 9, 2001 the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None I N RE: APPOINTMENTS 1. Grievance Panel Ms. Allen was asked to contact Beth Anderson to determine if she would like to serve another term. I N RE: CONSENT AGENDA R-010901-9; R-010901-9.3; R-010901-9.b; R-010901-9.c; R-010901-9.d; R-010901- 9.e Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None RESOLUTION 01 0901-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 9, 2001, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Resolution of support for the Virginia Public Broadcasting Board to finance the acquisition of equipment through the Industrial Development Authority of the City of Harrisonburg, VA. 2. Request for acceptance of Carter Grove Lane and Carter Grove Circle into the Virginia Department of Transportation January 9, 2001 3. Secondary System. Request for acceptance of the remaining portion of Derby Drive into the Virginia Department of Transportation Secondary System. 5. Request to add Autumn Drive to the Virginia Department of Transportation Secondary System under the Rural Addition Program. Resolution of guarantee by Roanoke County to the Virginia Department of Transportation furnished in lieu of a guarantee fee or bond for public works permits. 4. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 010901-9.a OF SUPPORT FOR THE VIRGINIA PUBLIC BROADCASTING BOARD TO FINANCE THE ACQUISITION OF EQUIPMENT THROUGH THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF HARRISON BURG, VIRGINIA WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "Governing Body") has been asked by the Industrial Development Authority of the City of Harrisonburg, Virginia (the "Harrisonburg Authority") to concur with a resolution of inducement adopted by the Harrisonburg Authority at its meeting held on December 12, 2000 for the benefit of the Virginia Public Broadcasting Board (the "VPBB") to assist in financing the acquisition of certain equipment for the conversion of Virginia's public television stations to the Federal Communications Commission's new digital standard (the "Project"); and WHEREAS, Section 15.2-4905 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), provides that if a locality has created an industrial development authority, no industrial development authority created by a another locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by such industrial development authority; and WHEREAS, a portion of the equipment constituting the Project will be located in the County of Roanoke, Virginia and operated by the Virginia public television station or stations serving the Roanoke County area and the Governing Body constitutes the highest elected governmental unit of the County of Roanoke, Virginia; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Governing Body concurs with the resolution adopted by the Harrisonburg January 9, 2001 Authority and approves the loan by the Harrisonburg Authority for the benefit of the VPBB, as required by Section 15.2-4905 of the Act. 2. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 010901-9.b REQUESTING ACCEPTANCE OF CARTER GROVE LANE AND CARTER GROVE CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and 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 RequirementsL and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-at-way, as described, and any necessary easements tar cuts, tills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor McNamara None Required Supervisors Johnson, McNamara, Church, Nickens, Minnix None None RESOLUTION 01 0901-9.c REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECON DARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention January 9, 2001 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 RequirementsL and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-at-way, as described, and any necessary easements tar cuts, tills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor McNamara None Required Supervisors Johnson, McNamara, Church, Nickens, Minnix None None RESOLUTION 010901-9.d REQUESTING ACCEPTANCE OF AUTUMN DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street(s) described below was established on or before July 1985 and serves at least three families per mile, and WHEREAS, the Virginia Department of Transportation (VDOT) has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to Section 33.1- 72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does exist and deems that extenuating circumstances also exist to warrant this addition, and WHEREAS, this Board has determined that the pro rata share of speculative interest is the sum of $12,388.00, as prescribed by section 33.1-72.1 (0), Code of Virginia NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to Section 33.1-72.1 (0) ,Code of Virginia: Name of Street: Autumn Drive Length: 0.16 mi. From: Intersection of Carson Road (Rte 758) To: cul-de-sac Guaranteed right-at-way width: 40 teet Deed Recordation - Grantor: O.B. 1676, PG. 0086 - Ira Garland Bower, Wanda Ruth Huff and Charlotte Anne Bibb, devisees of Ruth Fralin Bower 0.8. 1676, PG. 0094 - Jennings Robertson and Doris K. Robertson January 9, 2001 DB. 1670, PG. 1846 - Stuart J. Wamsley and Geraldine H. Wamsley DB. 1670, PG. 1869 - Harold B. Hodges and Hazel G. Hodges DB. 1670, PG. 1862 - Joseph K. Bushnell and Virginia A. Bushnell DB. 1678, PG. 0600 - Residential Contractors, Inc. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-at-way, as described, and any necessary easements tar cuts, tills and drainage, and BE IT FURTHER RESOLVED, this Board requests that the Virginia Department of Transportation to improved said street to the prescribed minimum standards, funding said improvements pursuant to Section 33.1-72.1 (0), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor McNamara None Required Supervisors Johnson, McNamara, Church, Nickens, Minnix None None RESOLUTION 010901-9.e OF GUARANTEE BY THE COUNTY OF ROANOKE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FURNISHED IN LIEU OF A GUARANTEE FEE OR BOND FOR PUBLIC WORKS PERMITS WHEREAS, it becomes necessary from time to time for the County of Roanoke to obtain permits from the Virginia Department of Highways and Transportation to install, construct, reconstruct, maintain, and operate certain public works along, across, over and upon the highway system of Virginia; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of the granting to said County by the Virginia Department of Highways and Transportation of said permits for the work aforesaid; and WHEREAS, one of the conditions of such permit or permits is that the County of Roanoke shall indemnify the Commonwealth of Virginia to the extent permitted by law against all damages and injuries to the highways and bridges and to persons or property lawfully upon such highways. NOW, THEREFORE, the condition of this obligation is such that if the said County of Roanoke shall in all respects comply with all of the conditions of permit or permits that have been, or will be, granted said County of Roanoke, and, to the extent permitted by law, shall indemnify and save harmless the Commonwealth of Virginia against and from all loss, cost, expense, damage or injury to highways and bridges and to persons and property lawfully on such highways growing out of the granting of such permit or permits to said County of Roanoke, then this obligation to be void, otherwise to be and remain in full force and virtue. IN WITNESS WHEREOF, the said County of Roanoke has caused this bond to be executed and its official seal affixed the day and year first above written, pursuant to January 9, 2001 this Resolution adopted by its Board of Supervisors on the 9th day of January, 2001. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None I N RE: REQUESTS FOR WORK SESSIONS A work session on the appropriation of school year-end surplus was scheduled for January 23, 2001. I N RE: REPORTS Supervisor McNamara moved to receive and file the following reports after discussion of items 7 and 8 and amendment to Item 7 to reflect 8 holidays and three floating holidays. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None 1. 2. General Fund Unagpropriated Balance Capital Fund Unagpropriated Balance 3. 4. Board Contingency Fund Future School Capital Reserve 5. Statement of revenues and expenditures for the month ended 6. November 30, 2000. Joint Roanoke Valley Proclamation signed by the Chairman declaring Monday, January 15, 2001 as Martin Luther King, Jr. Day 7. Implementation of the 2001 Holiday Schedule. Supervisor Nickens advised that the report is incorrect and that the Board January 9, 2001 approved 8 holidays and 3 floating holidays and not 9 holidays and 2 floating holidays and that the Board should take action on this item. Chairman McNamara responded that the action was taken at the January 2, 2001 meeting and that this report was informational only. Mr. Hodge explained that the Board approved 8 specific holidays and allowed 3 floating holidays. The County staff decided to keep 9 holidays and allow 2 floating holidays. 8. Report on Sick Leave Usage in 2000 Supervisor McNamara suggested that this report not be part of the agenda in the future because it sent the wrong message to the employees. Supervisor Nickens advised that he asked for this report, and it was his understanding that the report was done on an annual basis. Supervisor Church noted that the employee sick leave usage is below the national average. 9. 10. Treasurer's investment report as of November 30,2000 Treasurer's investment report as of December 31,2000 11. Quarterly Report for Day Reporting Program. I N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He advised that he felt that it was the prerogative of any Board member to bring up any issue and apologized for his previous comments but felt that some issues should be discussed in private rather than in public. (2) He announced that the regional summit held on January 8 shows the need to continue to try cooperation even when it has not been successful in the past. Supervisor Minnix: He recommended that when there are issues that Board members disagree on, they should try to eliminate and/or resolve the problems and come to closure. January 9, 2001 Supervisor Johnson: He explained that he felt it was refreshing to see the differences of opinion and passion from the Board members. He recommended that team-building skills be included in the Board retreat rather than spending all the time on economic development. Supervisor Church: He also felt the regional summit was successful, and that while things can not change overnight, the groups can learn to work together. He advised that Roanoke County would host the second summit. Supervisor Johnson suggested meeting at the Water Treatment Plant. Mr. Hodge recommended setting a date but advised that he has been offered the use of Boxtree Lodge, owned by AI Hammond, for the next meeting. Supervisor Nickens: (1) He concurred with the other comments about the regional summit and pointed out that they need to make a list of priorities from the discussion. (2) He apologized to Supervisor McNamara for his comments. (3) He announced that he and Supervisor McNamara met with the Employees Advisory Committee for lunch. An item brought up was that even though all employees are supposed to get an annual performance review, many do not. He asked Mr. Hodge to check on this and Mr. Hodge responded affirmatively. I N RE: WORK SESSIONS 1. Stormwater Phase II National Pollutant Discharge Elimination System Requirements (George Simpson, Assistant Director of Community Development) The Work Session was presented by George Simpson, and Tim Lorman and Doug Moseley, AMEC Earth and Environment, Inc. Mr. Simpson advised that effective March 1 0, 2003, localities having a January 9, 2001 population of fewer than 1 00,000 will be required to comply with Phase II of the Clean Water Act and obtain a National Pollutant Discharge Elimination System (NPDES) permit for stormwater quality. Wayne Strickland, Executive Director of the Roanoke Valley Alleghany Regional Commission, updated the Board on the past stormwater management efforts and on Project Impact. Mr. Lormand and Mr. Mosely provided a powerpoint presentation on the regulations, schedule for compliance, costs and associated impacts. The cost for water quality was estimated from $1.70 to $7.60 per capita, and the stormwater quantity and quality programs was estimated at $60 to $1 00 per acre for a comprehensive approach to manage stormwater. Mr. Strickland advised that there are no funding source available right now. Mr. Simpson advised that the County's share of the funding for the study is $40,000. Staff was directed to bring back a funding request for $40,000 at the January 23, 2001 meeting. 2. Proposed redistricting. {Paul Mahoney, County Attorney} The work session was presented by Paul Mahoney, Terry Harrington, and Diane St. John. Mr. Mahoney advised that redistricting must be completed by the November 6, 2001 elections. He presented a brief outline of the legal standards and requirements for the redistricting process and a recommended timetable, that includes a public hearing on February 27, 2001. He advised that the census data will be available at the end of March. It was the consensus of the Board that: (1) there will be five magisterial districts; and (2) the committee will consist of County Attorney Paul Mahoney, County Planner Terry Harrington, and Registrar Diane St. John. Supervisor Johnson recommended avoiding splitting subdivisions if January 9, 2001 possible. Supervisor McNamara requested that individual Board members not become involved from a political standpoint. Mr. Mahoney will prepare a monthly report on the progress. I N RE: CLOSED MEETING At 4:40 p.m., Supervisor Minnix moved to go into Closed Meeting following the work session pursuant to Code of Virginia Section 2.1-344 A (3) discussion on the disposition or sale of publicly held property; Section 2.1-344 A (7) discussion concerning a prospective business or industry where no previous announcement has been made; Section 2.1-344 A (7) consultation with legal counsel and briefings by staff pertaining to probable litigation; and Section 2.1-244 A (1) personnel matter concerning appointment and allocation of staff. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None I N RE: CERTIFICATION RESOLUTION R-01 0901-1 0 At 6: 11 p.m., Supervisor Johnson advised that the Closed Meeting was held from 5:40 p.m. until 6: 1 0 p.m. and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: A YES: NA YS: Supervisors Johnson, McNamara, Church, Nickens, Minnix None RESOLUTION 010901-10 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 January 9, 2001 accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson I N RE: ADJOURNMENT At 6.12 p.m. Chairman Minnix adjourned the meeting. Submitted by, Approved by, Mary H. Allen, CMC Clerk to the Board H. Odell Minnix Chairman January 9, 2001 This ~ left intentionally blank