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HomeMy WebLinkAbout1/12/1999 - Regular January 12, 1999 9 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 12, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of January, 1999. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix (Arrived 3:15 p.m.) MEMBERS ABSENT: Joseph McNamara STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. / 10 January 12, 1999 '- INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added a first reading of an ordinance as Item FA (conveyance of well lot in Campbell Hills.) IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declaring the week of January 17 - Januarv 24. 1999 as Virainia Constitutional Officer Week. Chairman Johnson presented the proclamation to Treasurer Fred Anderson, Sheriff Gerald Holt and Clerk of Circuit Court Steve McGraw. Supervisor Harrison moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara b Recognition of Chairman Bob L. Johnson for his service as 1998 Chairman of the Board of Supervisors Vice Chairman Nickens presented a Certificate of Recognition and pen and pencil set to Chairman Johnson in appreciation for his services as the 1998 Board Chairman. \, January 12, 1999 u ::::::! INRE: NEW BUSINESS 1. Authorization to execute an updated contract with the Roanoke Valley SPCA increasina the fees for the Impoundment of animals. (John Chambliss. Assistant Administrator) A-O11299-1 Mr. Chambliss advised that on December 17, 1996, the Board approved the current contract with the Roanoke Valley SPCA to provide impoundment facilities for animals brought in by the Police Department. This contract was for operations only and the rates at that time were $7.75 per day. The new rates will be for $8.75 per day and the new contract will also pay $8.75 per day for up to five days for each animal brought to the shelter by Roanoke County residents. This provision is being applied to each of the other jurisdictions. The SPCA has advised that it is conducting its own capital campaign and hopes to be in a new facility by mid-March. However, they do not plan to provide impoundment facilities at that location. Representatives from Roanoke City, Counties of Roanoke, Botetourt and Craig, and Town of Vinton are meeting with the City of Salem to determine a future course of action and consider an expansion of the City of Salem's facility. A separate contract will be negotiated for the next fiscal year, beginning July 1, 1999, and brought back to the Board during the upcoming budget process. He asked that the Board authorize the County Administrator to sign the new contract with the Roanoke Valley SPCA at a rate of $8.75 per day, retroactive to January 1, 1999. Supervisor Nickens moved to approve the staff recommendation. The motion carried by the following recorded vote: /' 12 l::Inllary 12 1999 = AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara INRE:. FIRST READING OF ORDINANCES 1. Ordinance authorizing the conveyance of 0.251 acre (Tax Map Parcel 77.13-5-30) and 0.254 acre (Tax Map Parcel 77-13-5-31) of real estate to the Home Depot. Inc. (Paul Mahonev. County Attorney) Mr. Mahoney advised that since Home Depot has announced that it is abandoning its proposed commercial development project, these properties are no longer necessary for secondary access to the project and related improvement to Westmoreland Drive. He asked that the Board declare these properties surplus, and make them available for sale to the public. The County expended $285,743.99 to acquire these two parcels of real estate, and representatives from Home Depot have indicated their willingness to acquire these properties for the amount expended by the County. Adoption of this ordinance will allow the sale of these surplus parcels of real estate to Home Depot, Inc. and proceeds will be re-allocated to the Economic Development Public/Private Partnership accounts. He advised that the correct amount of the sale will be inserted in the ordinance before the second reading and advertised public hearing which will be held on January 26, 1999. Supervisor Minnix moved to approve the first reading and set the second Januan'121999 }$ reading for January 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara b First readinQ of ordinance amendinQ and reenacting portions of Chapter 5. Animals and Fowl. of the Roanoke County Code to increase the fees for boarding of animals. (John Chambliss. Assistant Administrator) Mr. Chambliss advised that this is the first reading of an ordinance to amend the Roanoke County Code to increase the fee paid for impounding an animal to $8.75 per day. This amendment is needed to pass through this cost increase to the owner of an animal who may retrieve it from the SPCA. The second reading and public hearing is scheduled for January 26, 1999. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for January 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara .a. First readina of ordinance to vacate a portion of the riaht-of-wav of Longridae Drive. and for that right-of-way to be combined with and made a Dart of Parcel C-1 for stormwater management / 14 January 12, 1999 E easement. Windsor Hills Magisterial District. (Arnold Covey. Director. Communitv DeveloDment) Mr. Covey advised that Roanoke County and the Virginia Department of Transportation approved the construction plans for Longridge Subdivision with the agreement that the timber guardrail that was proposed by the developers would be installed outside the right-of-way and would be the developer's maintenance responsibility. However, a portion of the timber guardrail was within the right-of-way as verified by a survey. It was agreed among the County, VDOT and the developer to resolve the situation by vacating a portion of the right-of-way of Longridge Drive in which the timber guardrail was encroaching. This vacation will clear the way for Longridge Drive to be accepted into VDOT's secondary road system. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for January 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ~ First reading of ordinance authorizina the conveyance of Well Lot #1 in Section 1. Campbell Hills. to Thomas. Ltd. (Paul Mahoney. Countv Attorney) Mr. Mahoney advised that this is the first reading of an ordinance for the County to convey Well Lot #1 to Thomas, Ltd. When the County obtained the Campbell January 12, 1999 15 - Hills Water System by agreements in 1978 and 1980, a provision in those agreements called for Well Lot #1 to revert to Thomas Brothers, Inc. if it ceased to be used by the County. Mr. Mahoney advised that the Utility Department is no longer using Well Lot #1 and it can be declared surplus, and should be conveyed back to Thomas, Ltd. Supervisor Harrison moved to approve the first reading and set the second reading for January 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: SECOND READING OF ORDINANCES 1. Second readina of ordinance amendina ChaDter 2 of the Roanoke County Code. Administration. by the addition of a new Article V. Countv Board Oraanization and Procedure. which establishes rules of organization and procedure for meetinas of the Board of Supervisors. (Paul Mahoney. County Attornev\ 0-011299-2 Mr. Mahoney advised that this ordinance has been revised to incorporate the comments of the Board from its work session held on December 15, 1998, and at its first reading on January 4, 1999. At Supervisor Nickens' suggestion and with the consensus of the Board, Section 2-119, Silence constitutes affirmative vote, and the words in Section 2-124 (e) 16 January 12, 1999 ~ "exceeding the sum of $500", were deleted from the ordinance. Supervisor Nickens moved to adopt the ordinance as revised. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Minnix, Harrison, Nickens, Johnson None Supervisor McNamara ORDINANCE 011299-2 AMENDING CHAPTER 2 OF THE ROANOKE COUNTY CODE, ADMINISTRATION, BY THE ADDITION OF A NEW ARTICLE V, COUNTY BOARD ORGANIZATION AND PROCEDURE. WHICH ESTABLISHES RULES OF ORGANIZATION AND PROCEDURE FOR MEETINGS OF THE BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held January 4, 1999; and the second reading was held January 12, 1999. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, that Chapter 2 of the Roanoke County Code, Administration, be amended by the addition of a new Article V. County Board Organization and Procedure, to read and provide as follows: Section 2-101 2-102 2-103 2-104 2-105 2-106 2-107 2-108 2-109 2-110 2-111 2-112 2-113 2-114 2-115 2-116 2-117 2-118 ARTICLE V of CHAPTER 2 COUNTY BOARD ORGANIZATION AND PROCEDURE Authority Regular Meetings Special Meetings Study Sessions Executive Sessions Minutes Supervisor Order Book The Presiding Officer - Election and Duties Call to Order - Presiding Officer RollCall Quorum Rules of Order Order of Business Agenda Rules of Debate Addressing the Board Addressing the Board after Motion Made Manner of Addressing the Board Time Limit = 2-119 2-120 2-121 2-122 2-123 2-124 2-125 2-126 2-127 2-128 January 12,1999 17 Silence Constitutes Affirmative Vote Decorum Enforcement of Decorum Persons Authorized to Be Within the Podium Members May File Protests against Board Action Ordinances, Resolutions, Motions and Contracts Reports and Resolutions to Be Filed with Clerk. Adjoumment Creation of Committees, Boards and Commissions Suspension and Amendment of these Rules SECTION 2-101. Authority. The Charter of the County of Roanoke (Section 3.09) provides that the Board of Supervisors may detennine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Board and until such time as they are amended or new rules are adopted. SECTION 2-102. Regular Meetings. (a) to state law. All regular meetings of the Board shall be open to the public, unless closed pursuant (b) The Board shall hold regular meetings on such days as may be prescribed by resolution at the annual organizational meeting in January of each year, but which shall not be less frequent than once a month. (c) Any meeting of the Board may be adjoumed to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. (d) County. All regular meetings of the Board shall be held in the Board Meeting Room of the (e) The Board may by resolution, when necessary, change the time and place of the regular meeting. The resolution shall set forth the circumstances necessitating such change. Such resolution shall be published once in the official newspaper(s) at least twenty-four (24) hours prior to the meeting to be held pursuant to the change. Twenty-four (24) hours prior to the meeting to be held pursuant to such change, the County Clerk. shall give each Board member written notice, personally or by registered mail, of any change from the regular meeting days established by this section. (f) Except for properly-called executive sessions as permitted by state law, all regular meetings of the County Board and official committees of the Board shall be open to the media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings under such rules as the Board may prescribe. SECTION 2-103. Special Meetings. 18 January 12, 1999 E (a) The Chair or two members of the Board may call special meetings of the Board whenever in their opinion the public business may require it. (b) Whenever a special meeting shall be called, notice in writing signed by the Chair of the Board or two members of the Board shall be filed with the Clerk and delivered upon each member of the Board either in person or by notice left at his place of residence or business, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice. (c) The notice may be waived if all members of the goveming body attend the special meeting or sign a waiver. SECTION 2-104. Work Sessions. (a) The Board may meet informally in work sessions which shall be open to the general public, at the call of the County Administrator or of any member of the Board, to review forthcoming programs of the County, receive progress reports on current programs or projects, or receive other similar information from the County Administrator, provided that all discussions and conclusions thereon shall be informal. (b) Work sessions shall not continue past two (2) hours of their starting time unless the majority of those Board members present choose to continue. SECTION 2-105. Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of the Virginia Freedom of Information Act. SECTION 2-106. Minutes. (a) Minutes of all regular and special meetings and work sessions shall be recorded. Such minutes shall be maintained in the office of the Clerk of the Board of Supervisors. The minutes shall reflect: (1) (2) The date, time and place of the meeting or session; The members recorded as either present or absent; (3) (4) A general description of all matters proposed, discussed or decided; and Record of any votes taken. (b) Approval of minutes of all but executive meetings or sessions shall be considered at a regular Board meeting. It shall not be necessary to read the minutes prior to approval. Such minutes may be revised by the Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any member may, through the Chair, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made January 12, 1999 19 - by any Board member to such amendment or correction, a majority vote of the Board shall be necessary for adoption of the correction or amendment. The Chair shall sign the adopted minutes. (c) The Clerk shall keep video or audio recordings of Board meetings for a period of five years after the date of that meeting. SECTION 2-107. Supervisor Order Book (a) A joumal of all proceedings of the Board shall be kept by the Clerk and shall be entered in a book constituting the official record of the Board. (b) The joumal of proceedings shall be open to public inspection, except for proceedings of executive or closed meetings, as permitted by state law. SECTION 2-108. The Presiding Officer Election and Duties. (a) The presiding officer of the Board shall be the Chair, who shall be elected at the first meeting in January of each year, by the Board members, from their membership. The Chair shall assume the duties of the presiding officer immediately following his election. (b) The Chair shall preserve strict order and decorum at all regular and special meetings of the Board and confine members in debates to the question under discussion. (c) The Chair shall state every question coming before the Board, announce the decision of the Board on all subjects and decide all questions of order, subject, however, to an appeal to the Board, in which event a majority vote of the Board shall govern and conclusively determine such question of order. (d) The Chair shall vote on all questions, his name being called last. (e) The Board members shall elect a Vice Chair from its membership at the first meeting in January of each year, who shall preside in the absence of the Chair. (I) During the absence of the Chair, the Vice Chair shall discharge the duties and exercise the powers and authority of the Chair. In the absence of the Vice Chair, the Chair shall appoint any member of the Board to preside in his absence. The Board member so chosen shall discharge the duties and exercise the powers and authority of the Chair. The member of the Board presiding, whether he be the Vice Chair or a member of the Board appointed by the Chair, shall vote on all questions before the Board during the time he is presiding. SECTION 2-109. Call to Order - Presiding Officer. (a) The Chair of the Board, or in his absence, the Vice Chair, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Board to order. (b) In the absence of the Chair or the Vice Chair, the County Administrator, shall call the Board to order, whereupon a temporary Chair shall be elected by the members of the Board then 20 January 12, 1999 == present. (c) Upon the arrival of the Chair or Vice Chair, the temporary Chair shall immediately relinquish the position of presiding officer upon the conclusion of the business immediately before the Board. SECTION 2-110. Roll Call. Before proceeding with the business of the Board, the Clerk or the Deputy Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. SECTION 2-111. Quorum. A majority of the members of the Board shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall adjoum to a later time when a quorum is present to transact business. SECTION 2-112. Rules of Order. "The Scott, Foresman Robert's Rules of Order Newly Revised (1990 Edition)" shall govem the proceedings of the Board in all cases, unless Robert's Rules are in conflict with these rules. SECTION 2-113. Order of Business. Promptly at the hour set by law on the day of each regular meeting, the members of the Board shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration and disposition as follows, provided however, that the Chair may, during the meeting, rearrange items on the agenda to conduct the Board's business in a more expeditious manner, subject to consent of majority of the Board. Opening Ceremonies Requests to Postpone, Add To, or Change the Order of Agenda Items Proclamations, Resolutions, Recognitions and Awards Briefings New Business Request for Public Hearings and First Reading of Rezoning Ordinance- First Reading of Ordinances Second Reading of Ordinances Appointments Consent Agenda Citizens' Comments and Communications Reports Work Sessions Executive Session [as required] Public Hearing and First Reading of Ordinances Public Hearing and Second Reading of Ordinances Reports and Inquiries of Board Members ConsentAgenda - JARllaF}' l' 1QQQ 21 Adjournment SECTION 2-114. Agenda. (a) The Chairman of the Board and the County Administrator shall establish the agenda for each meeting, arrange a list of the matters to be considered according to the Order of Business, and shall see that all items are properly coordinated and prepared. All reports, communications, ordinances, resolutions, action items, contract documents, or other matters to be subrnitted to the Board will be prepared by the appropriate department and reviewed and approved by the County Administrator. The Finance Director, or his/her designee, shall review all matters for their fiscal impact, and certify the sufficiency of funds or recommend a source of supplemental appropriation. Ordinances, resolutions, contract documents or other matters requiring action by the County Attorney shall be submitted to the County Attomey, or his/her designee, for preparation or review, as necessary. The Clerk. to the Board shall assist in the preparation of the agenda and shall furnish each member of the Board, the County Administrator and the County Attomey with a copy of the same at least twenty-four (24) hours prior to the Board meeting and as far in advance of the meeting as time for preparation will permit. (b) After distribution of the agenda, matters requiring the Board's immediate attention shall be presented to the Board, as requested by the County Administrator or the County Attorney. (c) The agenda shall provide a time when any Board member may bring before the Board any business that he feels should be deliberated upon by the Board. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until the next Board meeting, except that immediate action may be taken upon the unanimous consent of all members of the Board. SECTION 2-115. Rules of Debate. (a) The Chair or Vice Chair or such other member of the Board as may be presiding may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Board member by reason of acting as the presiding officer. (b) Every member desiring to speak shall address the Chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) The Board member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) When any motion, resolution, or ordinance has been once acted upon the Board, it cannot be considered again at the same meeting except by a motion to reconsider. Any action of the Board, including final action on applications for changes in land use classifications, motions to 12 1.11111.11. 12, n!! § suspend the rules, an affirmative vote to lay on the table or to take from the table, shall be subject to a motion to reconsider. When a motion to reconsider has been once acted upon, it (the motion to reconsider) cannot be repeated on the same question unless the question was amended when previously considered. A motion to reconsider any action taken by the Board may be made only at the meeting such action was taken or at the next regular meeting. Such motion must be made by one member of the prevailing side, and may be made at anytime and have precedence over all other motions or while a member has the floor; it shall be debatable. All motions to reconsider shall be decided by a majority vote of the members present; provided a quorum is present. (f) Upon passage of a motion to reconsider, the subject matter shall be placed on the agenda of the next regular Board meeting for any action the Board deems advisable. Upon passage of a motion to reconsider on an application for change in land use classification, the subject matter shall be scheduled for a public hearing after publication of legal notice at a subsequent meeting of the Board. (g) When the Board wishes to annul some action it has previously taken and it is too late to reconsider the vote, a motion to rescind the objectionable resolution, order, or other proceeding may be made. Any action of the Board may be rescinded regardless of the time that has elapsed. A motion to rescind is not in order if action has already been taken which cannot be undone. (h) Nothing herein shall be construed to prevent any member of the Board from making or remaking the same or any other motion at a subsequent meeting of the Board. (I) No second to motions shall be required in order for the Board to consider that motion. SECTION 2-116. Addressing the Board (a) Any person desiring to address the Board by oral communication shall first complete and file an appearance request form, and secure the permission of the presiding officer provided, however, that preference will be given to those persons who have notified the Clerk by noon of the day preceding the Board meeting of their desire to address the Board. SECTION 2-117. Addressing the Board after Motion Made. After a motion is made by the Board, no person shall address the Board without first securing the permission of the presiding officer to do so. SECTION 2-118. Manner of Addressing the Board - Time Limit. (a) Each person addressing the Board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the Board, shall limit his address to three minutes. (b) thereof. All remarks shall be addressed to the Board as a body and not to any member = ""'"!"i 049. HIQQ 23 (c) No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. (d) No question shall be asked a Board member except through the presiding officer. SECTION 2-119. Decorum. (a) While the Board is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board or disturb any member while speaking or refuse to obey the orders of the Board or its presiding officer, except as otherwise herein provided. (b) Any person making personal or impertinent, or slanderous remarks or who shall become boisterous while addressing the Board shall be forthwith, by the presiding officer, barred from further audience before the Board, unless permission to continue be granted by a majority vote of the Board. SECTION 2-120. Enforcement of Decorum. (a) The Chief of Police, or such member or members of the Police Department as he may designate, may be called upon to act as Sergeant-at-Arms of the Board meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Board meeting. (b) Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. SECTION 2-121. Persons Authorized to Be within the Podium. No person, except County officials, their representatives and newspaper, radio, and television reporters, shall be permitted within the area in front of the podium without the express consent of the Board. SECTION 2-122. Members May File Protests against Board Action. Any Board member shall have the right to have the reasons for his dissent from, or protest against, any action of the Board entered in the minutes. SECTION 2-123. Ordinances, Resolutions, Motions and Contracts. (a) An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the govemmental affairs of the County. Board action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. An enacted resolution is an 24 I......")' o4?, o4QQQ ~ administrative act which is a formal statement of policy conceming matters of special or temporary character. Board action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. An enacted motion/action is a form of action taken by the Board to direct that a specific action be taken on behalf of the County. A motion/action, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. Proclamations may be issued by the Chair. (b) All ordinances shall be prepared by the County Attorney and presented to the Board only in printed or type written form. No ordinance shall be prepared for presentation to the Board unless ordered by a majority vote of the Board, or requested in writing by the County Administrator, or prepared by the County Attorney on his own initiative. (c) Ordinances, resolutions, and other matters or subjects requiring action by the Board must be introduced and sponsored by a member of the Board, except that the County Administrator or County Attomey may present ordinances, resolutions and other matters or subjects to the Board, and any Board member may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (d) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. (e) No ordinance or resolution appropriating money, imposing taxes, or authorizing the borrowing of money shall be passed except by a recorded roll call affirmative vote of a majority of all members elected to the Board. (f) The Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Board at least seventy-two (72) hours before the Board meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least twelve (12) hours prior to the meeting of the Board at which said ordinance is to be considered. (g) All ordinances shall have two (2) separate readings, but the second shall never be had on the same day as the first reading. (h) Ordinances introduced at a Board meeting shall not be finally acted upon until at least the next official meeting, except that emergency ordinances may be acted on immediately, and provided further that an affirmative vote of at least four members of the Board shall be required for the final passage of an emergency ordinance. (I) The yeas and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Board. OJ An affirmative vote of at least a majority of the members of the Board shall be necessary to pass an ordinance, but a resolution, motion, or any other proposition may be adopted by a majority voting on the issue. When any vote is called each Board member shall respond "yes (aye)," "no," "abstain," "pass" or "present" Any Board member who responds "pass" shall be given an opportunity at the end of the roll call to change his vote to "yes (aye)," "no," or "abstain," or - IAFlIIAFy .., .. QQQ 25 "present" (k) In the event of a tie in votes on any motion, due to an absence of a Board member, consideration of the motion shall be carried over until the next regular meeting. In the event of a tie vote on any motion due to an abstention, the motion shall be considered to have been defeated. (I) Clerk. Upon passage, a number shall be assigned to each ordinance or resolution by the (m) When passed by the Board, all ordinances and resolutions shall be attested by the Clerk; and it shall be immediately filed and thereafter preserved in the office of the Clerk. (n) Any member of the County Board may request the County Administrator or County Attorney to have prepared proposed ordinance(s) with such ordinance(s) to be placed on the agenda of the next scheduled Board meeting, provided the ordinance(s) can be drafted and distributed to members of the Board in accordance with time schedules set forth in Section (g) of these rules. (0) Any member of the County Board may request written legal opinions, relating to County business, from the County Attorney. (p) The County Attorney shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Board so that all members of the Board may be fully informed of the status of County affairs. (q) Any member of the Board may, for purposes of inquiry, request verbal opinion or advice on County legal matters directly from the County Attorney. SECTION 2-124. Reports and Resolutions to Be filed with Clerk. All reports and resolutions shall be filed with the Clerk and entered in the minutes. SECTION 2-125. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION 2-126. Creation of Committees, Boards and Commissions. (a) The Board may create committees, boards, and commissions to assist in the conduct of the operation of the County government with such duties as the Board may specify not inconsistent with the County Charter or County Code. (b) Membership and selection of members shall be as provided by the Board if not specified by the County Charter or County Code. (c) Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Board. 26 IAAIIAry 1~ 1QQQ 1== (d) No committee so appointed shall have powers other than advisory to the Board or the County Administrator except as otherwise specified by the County Charter or County Code. SECTION 2-127. Suspension and Amendment ofthese Rules. (a) Any provision of these rules not govemed by the County Charter or County code may be temporarily suspended by a vote of a two-thirds four (4) members of the Board. The vote on any such suspension shall be taken by yeses and noes and entered upon the record. (b) These rules may be amended, or new rules adopted, by a majority vote of all members of the Board, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Board meeting. That this ordinance shall be effective from and after its adoption. On motion of Supervisor Nickens to adopt the ordinance as revised, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara b Second reading of ordinance amendina the Roanoke County Procurement Code. Sections 17-86. 17-88. 17-90. 17-91. 17-91.1. 17-92. and 17-93. to increase purchasing limits. /Elaine Carver. Director of Procurement) Ms. Carver advised that the only change since the first reading of this ordinance is to add Alternative #3 as suggested by Supervisor Nickens to only raise the $1,000 limit. In response to Supervisor Nickens' inquiries about the National Association of Counties Home Depot contract, Ms. Carver advised that a report should be made to the Board members this week; that no one in the County has taken advantage of the contract; and that a representative from Home Depot is scheduled to hold training sessions to inform -, Januan'121999 27 the staff on using the contract. Supervisor Nickens advised that he would be agreeable to the lessening of the restriction on the voucher amount but not on the purchases over $15,000, and felt that perhaps a work session on January 26, 1998 on this item would be worthwhile. Supervisors Minnix and Harrison agreed that a work session could be helpful. Supervisor Nickens moved to adopt Alternative #3 (voucher system $0- $1,000; phone quotes $1,000-$5,000; written quotes $5,000-$15,000; over $15,000- BID/RFP. The motion resulted in a tie recorded vote: AYES: Supervisors Nickens, Johnson NAYS: Supervisor Minnix, Harrison ABSENT: Supervisor McNamara Chairman Johnson advised that due to the tie vote, this item was continued until the January 26, 1999 meeting, and that a work session be scheduled at that meeting also. ~ Second reading of ordinance authorizing lease of an existing dwellinQ and 10.40 acres. located at Spring Hollow Reservoir. (Paul Mahoney. County Attorney) 0-011299-3 Mr. Mahoney advised that this is the second reading of the ordinance to lease the dwelling and real estate to Carrie Smith and Lauren Tuttle. There was 28 JaRllan'12 1RRR '-- discussion concerning the County paying the maintenance costs, liability and there being no long range plans for the property. Mr. Mahoney advised that this property has some factors limiting interest in the property such as difficult access, and Mr. Hodge indicated that as long as the property pays for itself, the County wishes to maintain and preserve the building. Supervisor Johnson suggested that a limit be put on the maintenance costs. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 011299-3 AUTHORIZING THE LEASE OF AN EXISTING DWELLING AND 10.40 ACRES OF REAL ESTATE AT THE SPRING HOLLOW RESERVOIR as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of concerning the disposition of the hereinabove- described real estate was held on December 15, 1998. The second reading on this matter was held on January 12, 1999; and 2. That this property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Parcel No. 73.00-1-6; and 3. That it is in the County's best interest to lease this property to Carrie Smith and Lauren Tuttle in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Spring Hollow Reservoir Project. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance, and carried by the JAnllAry l' 1QQQ 2' following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara INRE: APPOINTMENTS 1. Roanoke Regional Airport Commission Supervisor Johnson nominated Arthur M. Whittaker, Sr. to serve another four-year term which will expire February 10, 2003. b Task Force for Senior and Physicallv Challenaed Citizens Supervisors Nickens reminded that there are three vacancies on this committee and all districts are not being represented. INRE: CONSENT AGENDA R-O11299-4: R.011299-4.a: R-011299-4.d: R-011299-4.e: R-011299-4.f: R-011299-4.1 Supervisor Harrison asked that a letter of appreciation be sent from him and Mr. Hodge to James M. Carroll, Jr. and Theresa Ann Carroll in appreciation of their donating a storm drainage easement to the County. Supervisor Minnix also asked that a letter of appreciation be sent to William E. Ray, Jr. and Judy M. Ray for their donation of a sanitary sewer and water easement. Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: 3ö AYES: NAYS: ABSENT: as follows: JØRIIA~' l' 1999 - Supervisors Minnix, Harrison, Nickens, Johnson None Supervisor McNamara RESOLUTION 011299-4 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, 1. That the certain section of the agenda of the Board of Supervisors for January 12, 1999 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 1O, inclusive, as follows: 1. Resolution of Support for Virginia Recreation Access Grant for Vinyard Park. 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals. 3. Donation of storm drainage easement on property owned by James M. Carroll, Jr. and Theresa Ann Carroll to the Board of Supervisors. 4. Acceptance of Wolf Run and Wolf Crest into the Virginia Department of Transportation Secondary System. 5. Acceptance of Apricot Trail, Jordan Circle, Chadwick Circle and Twin Views Court into the Virginia Department of Transportation Secondary System. 6. Acceptance of an extension of Meadow Creek Drive into the Virginia Department of Transportation Secondary System. 7. Acceptance of water and off-site sewer facilities serving Bower Road Office Building. 8. Acceptance of donation of a sanitary sewer and water easement from William E. Ray, Jr. and Judy M. Ray, located at 4443 Keefer Road, Cave Spring Magisterial District. January 12 iAAA 31 9. Acceptance of Willingham Drive into the Virginia Department of Transportation Secondary System. 10. Appropriation for 1999 Roanoke Regional Chamber of Commerce Membership Dues. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 011299-4.a REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE VINYARD PARK AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUNDS BE APPROVED FOR THIS PROJECT. WHEREAS, Vinyard Park is being developed by the Roanoke County Department of Parks and Recreation as a recreational facility serving the residents of Roanoke County; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of VirQinia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access roads to publicly- owned recreational areas; and WHEREAS, it appears to the Board that all requirements have been met to permit the Director of the Department of Conservation and Recreation to designate Vinyard Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of 32 1::IRIIClry 12 1RQQ - Section 33.1-223 of the Code of Virginia, this road shall be designated a 'Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke hereby requests the Director of the Department of Conservation and Recreation to designate Vinyard Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 011299-4.d REQUESTING ACCEPTANCE OF WOLF RUN AND WOLF CREST INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street ReQuirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Supervisor Minnix None ReQuired January 12, 1999 33 - Yeas: Nays: Absent: Supervisors Minnix Harrison Nickens Johnson ~ SuDervisor McNamara RESOLUTION 011299-4.e REQUESTING ACCEPTANCE OF APRICOT TRAIL, JORDAN CIRCLE, CHADWICK CIRCLE AND TWIN VIEWS COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required Supervisors Minnix Harrison None Supervisor McNamara Nickens Johnson RESOLUTION 011299-4.f REQUESTING ACCEPTANCE OF AN EXTENSION OF MEADOW CREEK DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia 34 January 12, 1999 E Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required Supervisors Minnix Harrison None SuDervisor McNamara Nickens Johnson RESOLUTION 011299-4.1 REQUESTING ACCEPTANCE OF WILLINGHAM DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Minnix None Required Supervisors Minnix Harrison Nickens Johnson ~ Supervisor McNamara January 12, 1999 35 - INRE: REQUESTS FOR WORK SESSIONS It was the consensus of the Board to set a work session on the amendments to the procurement code at the January 26, 1999 meeting. INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor McNamara absent. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid - November 1998 6. Statement of Revenues and EXDenditures for the month ended November 30.1998. IN RE: EXECUTIVE SESSION At 4:00 p.m., Supervisor Johnson moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A(3) acquisition and exchange of real estate for public purposes; and Section 2.1-344 A (3) acquisition of real property for public purposes. The motion carried by the following recorded vote: 36 January 12,1999 = AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: WORK SESSIONS 1. Report from the Task Force for Senior and Phvsically Challenaed Citizens. The work session was held from 4:00 p.m. until 4:55 p.m. Assistant Director of Recreation Debbie Pitts advised that the task force narrowed their focus to two issues which were education and transportation. They plan to focus next on accessible housing and Americans Disability Act (ADA) compliance. Members of the task force present were: Dee Pincock, Bobbi Conner, Joyce Heath, Denise Swanson, Jim Reynolds, and Bill Hammond. Ms. Swanson presented the report on education and described their recommendations. She stressed that they feel that the core problem is communication between the parents of children with disabilities and the Roanoke County Public School Division. It was the consensus of Board to discuss the education report with the School Board at the Board Retreat which will be held on January 23 - 24, 1999. Mr. Dee Pincock presented the report on transportation and presented a list of transportation services available. They feel that there is a need to let the citizens know about these services. He advised that CORTRAN is running at capacity and there was a January 12, 1999 37 discussion of the criteria for using CORTRAN. He also advised that the task force feels that no further studies on transportation should be done since there is a great deal of information currently available. 2. ReDort from the Information Technoloav (IT) Team The work session was held from 5:00 p.m. until 6:00 p.m. Assistant Administrator Don Myers and Mr. Hodge made general comments and the following presentations were made: Steve McGraw, Training and Education; Arnold Covey, Projects; Dr. Jane James, School Projects; and Craig Hatmaker, Year 2000. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Supervisor Johnson moved to return to open session and adopt the certification resolution.. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 011299-5 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 38 January 12, 1999 = 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive 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 Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1. Public Hearing and second reading of ordinance to adopt a new Community (Comprehensive) Plan for Roanoke County. Virainia (Janet Scheid. Senior Planner) 0-011299-6 Mr. Hodge summarized the things that have been done on this project and extended appreciation to all of those people involved in getting the Community Plan assembled. He talked about the community wide themes of regionalism, sustainability, community identity, scenic beauty, and economic growth and opportunity which have been incorporated into the Community Plan. Ms. Scheid gave a history of the process that has resulted in this Community Plan which began with the visioning process in 1995 up through the December 1, 1998 work session. She asked the Board to approve the ordinance adopting the Roanoke County Community Plan. - January 12, 1999 39 The following citizens spoke in favor of adopting the Community Plan: (1) Dr. Rupert Cutler, Executive Director, Western Virginia Land Trust; (2) Elizabeth Belcher, 5998 Grandin Road Extension, Coordinator for Roanoke Valley Greenways; (3) Charles Blankenship, 5215 Sugarloaf Drive, Chairman, Virginia Urban Forestry Council; (4) Laura Rotegard, 400 BB&T Building, Asheville, Community Planner for Blue Ridge Parkway; and (5) Robert Egbert, 3571 Bradshaw Road, who has been involved in the process since the beginning. Mr. Steve Strauss" 5100 Bernard Drive, representing the Roanoke Regional Homebuilders Association, advised that the RRHA does not feel that the Community Plan is ready for adoption at this time. He described three sections of the Plan related to economic development which they think needs further work. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 011299-6 RECOMMENDING THE ADOPTION OF A NEW COMMUNITY PLAN FOR ROANOKE COUNTY VIRGINIA WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and, WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a comprehensive (Community) plan for the physical development of their jurisdiction; and WHEREAS, in 1995 Roanoke County began the process of preparing and adopting a new Community Plan to help guide Roanoke County's growth and decision- 40 January 12, 1999 ~ making for the next ten to fifteen years; and, WHEREAS, over the past three years over one-thousand citizens of Roanoke County have contributed their time, energy, expertise, and creativity to the preparation of a new Community Plan for Roanoke County, and WHEREAS, the Planning Commission has prepared a new Community Plan for Roanoke County entitled Roanoke Countv CommunitY Plan, dated September 30, 1998, and said plan has been prepared in accordance with Sections 15.2-2223 and 2224 of the Code of Virginia; and, WHEREAS, the Community Plan is comprised of the following component parts: ( A) Roanoke County Demographic and Economic Profile, dated September 1996, and, ( B) Roanoke County Community Plan Citizen Participation Process, dated 1997 and, ( C) Roanoke County Community Plan, dated, September 30, 1998; and, WHEREAS, a Planning Commission Public Hearing on the plan was held after advertisement and notice as required by 15.2-2204 of the Code of Virginia; and WHEREAS, by Resolution dated October 6, 1998, the Roanoke County Planning Commission recommended that the Board adopt the Community Plan. WHEREAS, the first reading and public hearing of this ordinance was held on October 27, 1998; and the second reading was held on January 12, 1999. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Community Plan dated September 30, 1998, including the demographic and economic profile, and the citizen participation components of the plan is hereby adopted. 2. That the Board of Supervisors reaffirm and readopt as a part of the new Community Plan the following special studies and plans that have been previously reviewed and approved by the Planning Commission and adopted by the Board of Supervisors: (A) The Route 419 Frontage Development Plan originally approved by the Board of Supervisors in February 1987, with the substitution of the new future land use map from the 1998 Community Plan. ( B) The Roanoke River Corridor Study adopted by the Board of Supervisors on December 18,1990. ( C) The Conceptual Greenway Plan, Roanoke Valley, Virginia, adopted by the Board of Supervisors on April 22, 1997. ( D) The Roanoke Valley Regional Stormwater Management Plan adopted by the Board of Supervisors on March 24, 1998. 3. That the effective date of this Ordinance is January 12, 1999. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson January 12, 1999 41 - NAYS: ABSENT: None Supervisor McNamara IN RE: NEW BUSINESS Chairman Johnson advised that the following item was being added to the agenda without objection from the Board members. 1. Resolution approving an oDtion to purchase agreement with Salem Office Supply. Inc. for Droperty located at 400 East Main Street. across from the Roanoke County Courthouse. in Salem. Virginia. to permit study and inspection for use as additional office and storaae space. (John Chambliss. Assistant Administrator) R-011299-7 Mr. Chambliss advised that this is a resolution to agree to purchase real estate from Salem Office Supply, Inc. in the City of Salem across from the County Courthouse. The negotiated purchase price is $325,000 with option fee of $3,000. He advised that paragraph 3 of the resolution related to appropriating funds should be deleted because existing funds will be used to pay for the option. He advised that development plans will be continued and brought back to the Board at a later time. Supervisor Harrison moved to approve the first reading of the item, and Chairman Johnson restated the motion to approve the amended resolution. Supervisor Harrison moved to approve the amended resolution. The motion 42 January 12, 1999 = carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 011299-7 APPROVING AN OPTION TO PURCHASE AGREEMENT WITH SALEM OFFICE SUPPLY, INC., FOR PROPERTY LOCATED AT 400 EAST MAIN STREET, ACROSS FROM THE ROANOKE COUNTY COURTHOUSE, IN SALEM, VIRGINIA, TO PERMIT STUDY AND INSPECTION FOR USE AS ADDITIONAL OFFICE AND STORAGE SPACE WHEREAS, staff has negotiated an Agreement dated January 5, 1999, with Salem Office Supply, Inc., a Virginia corporation, for the option to purchase a 17,754 square-foot rectangular lot (66' x 269') located at 400 East Main Street, Salem, Virginia, identified on the Salem City Tax Map as Parcel #107-6-1; and, WHEREAS, under the terms of said agreement, the option fee is $3,000.00 for an option through March 5, 1999, with the right of the County to extend the option, if needed, for an additional three (3) months upon payment of another $3,000.00 option fee; and, WHEREAS, the purchase price for the property is to be $325,000.00, with the property to be available to the County by May 1, 1999; and, WHEREAS, at such time as said option is to be exercised, this matter will be brought back to the Board of Supervisors of Roanoke County, Virginia, for adoption of an ordinance to authorize exercise of the option and acquisition of the real estate. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an Option to Purchase Agreement dated January 5, 1999, between Salem Office Supply, Inc., a Virginia corporation, and the Board of Supervisors of Roanoke County, Virginia, for an option to purchase a 17,754 square-foot rectangular lot (66' x 269') located at 400 East Main Street, Salem, Virginia, identified on the Salem City Tax Map as Parcel #107-6-1, providing for: (I) a purchase price of $325,000.00; (ii) payment of an option fee of $3,000.00 for an option through March 5, 1999; (iii) the right of the County to extend the option, if needed, for an additional three (3) months upon payment of another $3,000.00 option fee; and (iv) an availability date for the building to the County by May 1, 1999, if the option is exercised and the property is purchased prior thereto, is hereby approved and execution of the agreement is hereby authorized. 2. That the County Administrator or any assistant county administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be required to determine the feasibility and necessity of exercising the option and acquiring said property, all of which shall be January 12, 1999 43 - approved as to form by the County Attorney. 3. That the sum of $10,000.00 ishcre6:Y appropriated from the Capital rune! Unappropriated Dalanee for pa) ment of tI'Ie option fee, costs relal6d 16 the slueJ:y and inspection of the propeFt~, and eosts for Ine en.ir6nmcntal audit, sur.e:1, and title fees. 4.3. That this resolution shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the revised resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He advised that he will be unable to attend the Virginia Association of CountiesNirginia Municipal League Legislative Day to be held February 11, 1999 in Richmond. (2) He advised that he has received calls from citizens about getting their private roads into the State System and asked Arnold Covey to explain the procedure. Mr. Covey addressed the Board on this subject. Supervisor Johnson advised that he has also received calls on this subject. (3) He asked for the status of the problem with property in Back Creek near the Red Hill Baptist Church where the top soil has been removed causing problems. Mr. Covey responded that a stop work order and a fine have been issued, but no court date has been set. Supervisor Harrison: (1) He advised that he read an article in the newspaper containing comments made by City of Roanoke Mayor Bowers suggesting that Roanoke County should be providing more stormwater relief. He suggested that this topic be brought up at next joint meeting with the City of Roanoke. Supervisor Nickens: (1) He advised that a citizen called the Roanoke Valley 44 January 12,1999 Cable Television Committee and asked if the President's impeachment proceedings could § be televised. He announced that Cox Cable will televise the uninterrupted proceedings on Channel 78 beginning on January 14, 1999. Channel 78 is being used as a Government Education Access Channel and will continue to be used after the impeachment proceedings. Supervisor Johnson: (1) He advised that a work session was held earlier on the information and technology systems in County, and that Roanoke County will be Year 2000 compliant. He advised that the County has been addressing this problem since 1996, by setting aside funds and using staff resources. IN RE: ADJOURNMENT At 8:10 p.m., Chairman Johnson adjourned the meeting to Saturday and Sunday, January 23 - 24, 1999, at the Holiday Inn, Tanglewood, for the purpose of a board retreat; a joint meeting with School Board, and a possible joint executive session with the School Board. Submitted by, Approved by, ~~.~~ Brenda J. H ton, CMC Deputy Clerk to the Board