HomeMy WebLinkAbout12/2/1997 - Regular
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December 2,1997
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 2, 1997
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the first Tuesday, and the first regularly
scheduled meeting of the month of December, 1997.
N RE: CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Lee B. Eddy, Fenton
F. "Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: Vice Chairman, Harry C. Nickens
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director, Community
Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Gardner W. Smith, Roanoke County
Ombudsman. The Pledge of Allegiance was recited by all present.
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December 2, 1997
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INRE:
REQUESTS TO POSTPONE, ADD TO. OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added Executive Session Item 2.1-344 A (5) - Discussion of an
economic development prospect.
Supervisor Minnix announced that he had to leave to 4:00 P.M. and asked
Chairman Johnson to move approval of an ordinance regarding an issue in his district if
he was not present at that time.
INRE:
BRIEFINGS
~ Police DeDartment Reaccreditation. fRay Lavinder. Police Chief)
Mr. Hodge recognized Chief Lavinder, Terrell Holbrook and Linda Payne for
their work on the reaccreditation of the Police Department. Chief Lavinder updated the
Board on the reaccreditation process. He advised that the Police Department must reapply
for reaccreditation every three years. Chief Lavinder explained that part of the
reaccreditation process involves an outside independent group that travels to the County
to verify what is being done in the County Police Department. There were four other
Virginia localities being reaccredited at the same time as Roanoke County.
INRE:
NEW BUSINESS
~ Request for apDropriation to comDlete proiects at the Valley
Gateway Business Park in eastern Roanoke Countv. (Tim
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December 2,1997
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A-120297-2
Gubala. Economic Development Director)
Mr. Gubala reported that Roanoke County executed a mUlti-party agreement
in 1996 with the Greater Roanoke Valley Development Foundation, the Industrial
Development Authority and Fralin and Waldron regarding the construction of a shell
building and development of Valley Gateway. On November 19, 1996, the Board of
Supervisors approved $599,250 to fund the project. Completion of the shell building and
industrial access road are scheduled for January 1998. The actual cost for completion of
Valley Gateway is estimated to be $609,312 which is $10,062 higher than the funds
appropriated in 1996. The cost of the site was higher because the final survey showed that
additional acreage needed to be conveyed to the Foundation.
Mr. Gubala requested that the Board authorize an expenditure of $10,062
from the Economic Development Capital Account to complete the project.
Supervisor Johnson moved to approve appropriation of $10,062.54 from the
Economic Development Capital Account. The motion carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Harrison, Nickens, Johnson
None
Supervisor Nickens
Z. Resolution adopting a leaislative proc;Jram for the 1998 session
of the VirQinia General Assemblv. (Paul Mahonev. County
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December 2,1997
Attorneyl
Mr. Mahoney presented the legislative program advising that there were
some modifications from the resolution adopted by the Board on May 27, 1997. He
reported that he is trying to set up a meeting with the Roanoke Valley ·agislators for
January 5, 1998.
Supervisor Minnix moved to adopt the resolution
Supervisor Johnson advised that he had concerns about charter schools and
would support an addition to the resolution opposing charter schools. Supervisor Minnix
responded that he is currently studying information on charter schools and suggested
delaying any action until the next meeting.
School Board Chairman Michael Stovall and School Superintendent Deanna
Gordon addressed the Board and requested that the Board of Supervisors include
opposition to Charter Schools as part of their legislative program.
Following discussion, Supervisor Minnix withdrew his motion to adopt the
resolution and it was the consensus of the Board to continue this item until December 16,
1997 so that Supervisor Nickens could participate in the discussion and vote. Chairman
Johnson asked that the portion of the resolution addressing charter schools parallel the
School Board resolution.
~ Request for authorization to create a self balancing maintenance
and reDair account for residential structures and farm fields in
the COlporate Technology Park. (Melinda Cox. Economic
Development SDecialist)
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December 2,1997
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A-120297-3
Ms. Cox reported that the property recently purchased by the County from
Glenn Mary Associates included three occupied houses and 200 acres of fenced farm
land. The County plans to continue rental and leasing arrangements for the next two
years. Staff is requesting that the income from the rental and lease of property be set
aside in a Maintenance and Repair account to defray future expenses on the property.
Supervisor Eddy asked how the name Corporate Technology Park was
chosen. There was general consensus from the Board that they would prefer another
name and asked that staff bring back recommendations to name the project.
Supervisor Minnix moved to approve the account for maintenance and repair.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Request for additional appropriation for the underground
storage tank removal proiect. (William Rand. General Services
Director)
A-120297 -4
Mr. Rand advised that General Services has been coordinating the removal
of underground storage tanks on County properties. $160,000 was appropriated for
removal of the tanks but staff could not predict the cost of remedial action if the tanks
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December 2,1997
leaKed product Into the sOils. t-OIlOW up remealatlon work will be reqUlrea at the tsent
Mountain and Cave Spring sites where leakages have occurred. There are also two
additional tanks at the Jail/Courthouse and Kessler Mill Road facility that must be
removed.
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Mr. Rand advised that $65,983 additional funds are needed to complete the
removal of tanks and remediation. Finance Director Diane Hyatt recommended that the
funds be appropriated from the Board Contingency Fund.
In response to a question from Supervisor Johnson, Mr. Rand advised that
there were no more fuel storage tanks underground.
Supervisor Johnson moved to approve $65,983 from the unappropriated fund
balance. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Johnson
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
ABSENCE
Supervisor Minnix left the meeting at 4:00 p.m.
IN RE:
PROCLAMATIONS. RESOLUTIONS. RECOGNITIONS, AND AWARDS
1... Resolution of Congratulations to the William Byrd Hiah School
Golf Team for winning the Group AA State Championship.
R-120297-1
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December 2,1997
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Chairman Johnson presented the resolution to Coach Tim ChocKlett and
members of the team.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisors Minnix and Nickens
RESOLUTION 1202~7-1 OF CONGRATULATIONS TO WILLIAM BYRD
HIGH SCHOOL GOLF TEAM FOR WINING THE 1997 AA STATE
CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools
in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the William Byrd High School Golf Team, won the 1997 AA State
Championship, shooting 29 shots better than Salem, the second place team; and
WHEREAS, the William Byrd golf team also won the Group AA State
Championship in 1992, and during this season won the Heritage Invitational Championship
and the Region III Championship.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the members
of the William Byrd High School Golf Team: Robbie Craft, MiKe Damiano, Scott Wise,
Tommie Austin, Brian Mahanes, Chris Koon, Marc Patrouch, and Coach Tim Chocklett, for
their athletic ability, their team spirit, and their commitment to each other; and
FURTHER, BE IT RESOLVED, that the Board of Supervisors extends its best
wishes to the team members, the coach, and the school in their future endeavors.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
IN RE:
FIRST READING OF ORDINANCES
~ First readinc;J of ordinance authorizing the construction financina.
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December 2,1997
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and acquisition of necessary easements for the Carson Road
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Sanitarv Sewer Proiect. (Garv Robertson. Utilitv Director)
Mr. Robertson reported that the Carson Road Sanitary Sewer Project is being
constructed to provide sanitary sewer service to the Carson and East Ruritan Road area.
The project plans incorporate the configurations of the Valley Gateway Industrial Park,
East Ruritan Road sewer shed and Plantation Road subdivision. The low bid was
$209,052, and the total project funding is estimated at $250,000. Funds are to be provided
from the Economic Development Department, the developer, Plantation Grove subdivision
(savings from not installing a planned sewer pump station) and sewer off-site facility fee
credit from 45 lots of the Plantation Grove subdivision.
Supervisor Johnson moved to approve the first reading and set the second
reading for December 16, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
2. First readinQ of ordinance authorizing the construction of
and financing for a local public works imDrovement proiect -
Richland Hills Drive Water Proiect. (Garv Robertson. Utility
Director)
Mr Robertson advised that several residents in the Richland Hills Drive
subdivision have petitioned Roanoke County for public water service because of poor
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December 2,1997
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water quality and a water shortage. Due to the response, a limited water project was
selected that would include 28 properties along Richland Hills Drive and the project could
also serve the Roanoke College Investment Corporation. The estimated cost of
construction is $88,550 and the cost per property owner would be $4,500. Letters were
sent to the residents in Richland Hills Drive subdivision and 10 responded affirmatively
which is 35% of the available properties.
Mr. Robertson explained that although the project failed to meet the 50%
participation rate, additional funds will be recovered from the development of the Roanoke
College property. He requested that the Board approve construction of the water line at
a cost of $88,550 with funding coming from the participating property owners, the Public
Works Participation Fund and the North Transmission Line Project.
In response to a question from Supervisor Harrison, Mr. Robertson advised
that the residents have 90 days from when the Board approved the project to sign up for
inclusion.
Supervisor Harrison moved to approve the first reading and set the second
reading for December 16, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
~ First reading of ordinance arnending the Roanoke County Code
by the addition of Section 15-5.1 of a Public Tree Ordinance.
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December 2,1997
which provides for the reaulation ofjilantino. maintenance. and
removal of trees on public property. (Janet Scheid. Assistant
Director of PlanninQ and Zoning)
Ms. Scheid advised that representatives from Valley Beautiful, the Urban
Forest Council and the Virginia Department of Forestry have requested that the County
adopt a public tree ordinance to protect county-owned trees on county-owned property.
Adoption of the ordinance would assist these organizations in obtaining grant funds for
greenway development and other beautification efforts.
Ms. Scheid advised that the ordinance will be refined to determine who will
be responsible for enforcement of the ordinance and more information will be brought to
the second reading. In response to a question regarding fiscal impact from Supervisor
Johnson, Mr. Hodge advised that staff did not anticipate any additional expenses.
Supervisor Eddy moved to approve the first reading, with staff to clarify the
ordinance and provide a financial impact statement for second reading on December 16,
1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
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~ First reading of ordinance to amend in a and reenactina Section
22-82. "Rates and Fees" and Section 22-86. "Unpaid Bills" of
Chapter 22. "Water" of the Roanoke County Code to change
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December 2,1997
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utili~ billing procedures related to deDosits and delinauent
collections. (Diane Hyatt. Finance Director)
Ms. Hyatt reported that the Board requested that the staff review the current
Utility Billing policies such as delinquent collections, refund of deposits a~er good payment
and changes in the bill format. While some of these changes would require extensive
reprogramming, staff can address the delinquent collections and refund of deposits after
good payment history. The new method will charge a $20 disconnect fee and escalating
reconnect fee up to $120 based on the number of times the customer has been
disconnected under this new system. These fees would be non-refundable. Ms. Hyatt
also advised that staff has proposed a new policy to refund additional security deposits
imposed under the old method after the customer has demonstrated a year of good
payment history.
Supervisor Eddy explained that he recommended additional changes to the
ordinance in a memo and asked Ms. Hyatt if any of them could be implemented. Ms. Hyatt
responded that they could set a five-year limitation in the time for which the reconnection
fees apply and that they would refund all deposits except the initial deposit.
Supervisor Eddy moved to approve the first reading with the five year cutoff
language included in the ordinance for the second reading and public hearing scheduled
for December 16,1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
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December 2, 1997
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First readina of ordinance accepting the donation of
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approximately 3 acres of real estate from the Commonwealth of
Virainia. by its Department of Mental Health and Mental
Retardation. to Roanoke County. located north and west of the
Catawba Fire Station off Route 320. fPaul Mahoney. County
Attorney)
There was no discussion on this item.
Supervisor Harrison moved to approve the first reading and set the second
reading for December 16, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
IN RE: SECOND READING OF ORDINANCES
~ Second reading of ordinance authorizing the lease of office
space for use bv the Court Service Unit staff for Crime Control
Grant staff members. (John M. Chambliss. Jr.. Assistant County
Administrator)
0-120297-5
There was no discussion of this item.
Supervisor Eddy moved to adopt the ordinance. The motion carried by the
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December 2,1997
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following recorded vote:
AYES:
Supervisors Eddy, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisors Minnix and Nickens
ORDINANCE 120297-5 AUTHORIZING THE EXECUTION OF A LEASE OF
REAL ESTATE, OFFICE SPACE FOR THE COURT SERVICES UNIT
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 Charter of
Roanoke County and pursuant to the authority found in §§ 15.1-262 and 15.1-897 of the
1950 Code of Virginia, as amended, the acquisition of any interest in real estate, which
includes a lease of office space, shall be accomplished by ordinance; and
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County the first reading on this ordinance was held on November 18, 1997, and
the second reading was held on December 2, 1997, concerning the lease of office space
for the use of the Court Service Unit at the Salem Bank and Trust Building in the City of
Salem, together with all appurtenances thereto belonging; and
3. That this lease is with East Main Street Properties, L.L.C. of
approximately 550 square feet of office space for a term commencing the 1st day of
January, 1998, and ending the 31st day of December, 1998, for an annual rental of
$4,812.50, payable in equal monthly installments of $401.04.
4. That the lease agreement setting forth the terms and conditions of this
lease is incorporated herein by reference.
5. That the County Administrator is authorized to execute this lease on
behalf of the County of Roanoke and to execute such other documents and take such
other actions as are necessary to accomplish this transaction all of which shall be upon
form approved by the County Attorney.
On motion of Supervisor Eddy to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
.2.. Second reading of ordinance authorizing quitclaim and release
of a water and sanitary sewer easement within boundaries of
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December 2,1997
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Chaaall Drive and located between Lot 1; Block 3, Section 2 and
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Lot 3A. Block 2. Section 1 of the Gardens of Cotton Hill. fArnold
Covev. Engineerina & Inspections Director)
0-120297-6
There was no discussion of this item.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
ORDINANCE 120297-06 AUTHORIZING QUIT-CLAIM AND RELEASE OF
WATER AND SANITARY SEWER EASEMENT WITHIN BOUNDARIES OF
CHAGALL DRIVE AND LOCATED BETWEEN LOT 1, BLOCK 3. SECTION
2, AND LOT 3A, BLOCK 2. SECTION 1, OF THE GARDENS OF COTTON
HILL.
WHEREAS, in order for Chagall Drive to be accepted into the state
secondary road system, the Virginia Department of Transportation (VDOT) requires that
the right-of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit-claim and release of an existing water
and sanitary sewer easement within the boundaries of Chagall Drive and located between
Lot 1, Block 3, Section 2, and Lot 3A, Block 2, Section 1, of the Gardens of Cotton Hill,
to the Commonwealth of Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to have Chagall Drive
accepted into the state secondary road system and the release, subject to the issuance
of a permit and other conditions, will not interfere with other public services and is
acceptable to the Roanoke County Utility Department.
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 November 18, 1997; and a
second reading was held on December 2, 1997; and,
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December 2,1997
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2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are hereby made available for
other public uses by conveyance to the Commonwealth of Virginia for acceptance of
Chagall Drive into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-c1aim and release of the water and sanitary sewer easement
within the boundaries of Chagall Drive and located between Lot 1, Block 3, Section 2 and
Lot 3A, Block 2, Section 1 of the Gardens of Cotton Hill, to the Commonwealth of Virginia,
is hereby authorized subject to the following conditions:
a. VDOT issuance of a permit for the water and sanitary sewer
lines or facilities.
b. The facilities located within the 50-foot right-of-way, between
Lot 1, Block 3, Section 2, and Lot 3A, Block 2, Section 1, of the
Gardens of Cotton Hill, may continue to occupy the street or
highway in the existing condition and location.
c. The release would be for so long as the subject section of
Chagall Drive is used as part of the public street or highway
system.
4. That the subject easement is not vacated hereby and shall revert to
the County in the event of abandonment of the street or highway.
5. That the County Administrator is hereby authorized to execute such
documents and take such further actions as may be necessary to accomplish this
conveyance, 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 Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
3. Second reading of ordinance authorizing the vacation of a
portion of a Dlatted. unnamed. abandoned 90' right-of-way as
shown on the map of Lee Mitchell Subdivision. recorded in Plat
book 3. Page 203. and located in the Catawba Magisterial
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December 2, 1997
Distriçt. (Arnold Covey. Engineering & Inspections Director)
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0-120297-7
There was no discussion of this item.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
ORDINANCE 120297-07 VACATING AND CLOSING AN UNIMPROVED,
UNNAMED AND UNUSED RIGHT-OF-WAY SHOWN ON PLAT OF LEE
MITCHELL SUBDMSION AND DESIGNATED AS TAX MAP NO. 44.04-2-
37.3 ON THE ROANOKE COUNTY LAND RECORDS
WHEREAS, Thomas Moore, the petitioner, has requested that the Board of
Supervisors of RoanoKe County, Virginia, vacate and close an unimproved, unnamed and
unused right-of-way, ninety feet (90') in width at its intersection with Wildwood Road
(Virginia Secondary Route 619), shown on the plat of Lee Mitchell Subdivision recorded
in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page
203, and designated on the Roanoke County Land Records as Tax Map No. 44.04-2-37.3,
in the Catawba Magisterial District of Roanoke County, Virginia; and,
WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, as amended,
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by §15.1-431 of the 1950
Code of Virginia, as amended, and the public hearing and first reading of this ordinance
was held on November 18, 1997; and the second reading of this ordinance was held on
December 2, 1997.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That an unimproved, unnamed, and unused right-of-way, being ninety feet
(90') in width at its intersection with Wildwood Road (Route 619), shown on the plat of Lee
Mitchell Subdivision recorded in the aforesaid Clerk's Office in Plat BOOK 3, page 203,
being designated on the Roanoke County Land Records as Tax Map No. 44.04-2-37.3 and
being specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and
closed pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and,
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December 2, 1997
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2. That this vacation shall be subject to the rights of the owners of any
existing public utility installations as provided in §15.1-483 of the Code of Virginia, (1950,
as amended).
3. That all costs and expenses associated herewith, including but not
limited to, publication costs, survey costs and recordation of documents, shall be the
responsibility of the Petitioner, Thomas Moore, or his successors or assigns; and,
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 the
Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the
Code of Virginia (1950, as amended).
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
INRE:
APPOINTMENTS
~ Blue Ridge Communiw Services Board of Directors
Supervisor Eddy nominated Susan Scheibe to another three year term which
will expire December 31, 2000.
2. Commission for Senior and ChallenQed Citizens.
~ Library Board
Supervisors Eddy asked Clerk Mary Allen to inform Supervisor-Elect Joe
McNamara concerning this appointment.
~ Social Services Advisory Board
Supervisor Eddy advised that he received the resignation of Jan Dowling,
Windsor Hills District member of the Social Services Advisory Board. He referred this
appointment to Supervisor-Elect Joe McNamara.
5. Fifth Planning District Commission
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December 2,1997
Supervisor E:ddy announcea mat ne woulO De InellglDle to serve as the
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elected representative to the Fifth Planning District commission after January 1, 1998.
IN RE:
CONSENT AGENDA
R-120297-8: R-120297-8.b: R-120297-8.c: R-120297-8.d: R-120297-8.e
Supervisor Johnson moved to adopt the Consent Resolution after discussion
of Item 4. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
Supervisor Eddy asked that Item 4 be added to the Legislative Program
resolution to be brought back on December 16,1997.
RESOLUTION 120297-8 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
December 2, 1997 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 8, inclusive, as follows:
1. Confirmation of Committee Appointments to the Commission for
Senior and Challenged Citizens, the Library Board, and the Planning
Commission.
2. Request for acceptance of Chadsworth Court and a portion of
Scotford Court in the Virginia Department of Transportation
Secondary System.
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December 2, 1997
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3. Request for acceptance of Chagall Drive into the Virginia Department
of Transportation Secondary System.
4. Resolution of Support to increase the "Two-for-Life" funding for the
benefit of rescue squads to a "$4-for-Life" Program.
5. Request to reallocate unexpended monies from the Virginia Juvenile
Community Crime Control Act (VJCCCA) Crime Control Grant.
6. Donation of a variable width sanitary sewer easement along the south
side of original Route 687 across property of Lions Club of Cave
Spring District Inc. and property of Edward L. Lester.
7. Donation of an additional 5 foot drainage and sanitary sewer
easement on property owned by Triangle Developers, Inc.
8. Acceptance of water and sanitary sewer facilities serving Parkway
Place, Section 1.
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 Johnson to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
RESOLUTION 120297-8.b REQUESTING ACCEPTANCE OF
CHADSWORTH COURT AND PORTION OF SCOTFORD 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 Reauirements 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
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December 2, 1997
BE IT FURTHER RESOLVED, this Board guarantees a dear and unrestncted
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:
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Supervisor Johnson
None Required
Supervisors Eddy. Harrison. Johnson
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SUDervisors Minnix. Nickens
RESOLUTION 120297-8.c REQUESTING ACCEPTANCE OF CHAGALL
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:
SUDervisor Johnson
None Reauired
Supervisors Eddy. Harrison. Johnson
NQœ
Supervisors Minnix. Nickens
RESOLUTION 120297-8.d SUPPORTING THE INCREASE OF THE "TWO-
FOR-LIFE" FUNDING FOR THE BENEFIT OF RESCUE SQUADS TO A
"S4-FOR-LlFE" PROGRAM
WHEREAS, the emergency medical services system of the Commonwealth
December 2,1997
739
of Virginia provides invaluable service to the citizens of Virginia; and
WHEREAS, there exists a need to adequately fund the infrastructure of the
E.M.S. system, which includes funds that are returned to the localities for EM.S., funds
for equipment grants, support for the regional EM.S. councils, and funding for training and
many other elements of the EM.S. system; and
WHEREAS, funding for all of these needs has remained constant for the past
seven years, and is provided totally through the "Two-for-Life" motor vehicle registration
add-on special fund without any support from the State's general fund; and
WHEREAS, the Board of Supervisors of the County of Roanoke recognizes
the increased costs to operate Virginia's EM.S. system, and the need to increase that
source of funding to carry the system into the next century and to meet the many increased
demands.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the
County of Roanoke does hereby endorse the proposed "$4-for-Life" initiative to be
presented to the Virginia General Assembly at its upcoming session; and
FURTHER RESOLVED that the Board of Supervisors of the County of
Roanoke communicates this endorsement to appropriate members of the Virginia General
Assembly.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
RESOLUTION 120297-8.e REQUESTING THE RE-ALLOCATION OF
VJCCCA CRIME CONTROL MONIES FOR THE 1996-98 BI-ENNIUM
WHEREAS, the County of Roanoke has previously submitted budget plans
for the expenditure of the VJCCCA Crime Control monies for each fiscal year of the
biennium to the Department of Juvenile Justice, and
WHEREAS, at June 30,1997, $246,008 of the County's allocation remained
unspent which we now need to allocate to different categories to pay for services to the
qualified youth of our community, and
WHEREAS, in order to reallocate said monies, a resolution of support from
the governing body and letters of support from the Court Service Unit and Juvenile Court
are to be submitted to the Department of Juvenile Justice for consideration.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County that the Department of Juvenile Justice is hereby requested to reallocate
the unspent monies from FY 1996-97 for use during FY 1997-98 in the following
categories:
Operating Expenses for the Part-time staff
$ 6,008
740
December 2, 1997
Purchase of :Services - (;nsls Intervention
Purchase of Services - Residential - Public
Purchase of Services - Residential - Private
Purchase of Services - Non-residential
Total
öU,UUU
60,000
60,000
60.000
$246,008
-
BE IT FURTHER RESOLVED that the Court Service Unit and Juvenile Court
is requested to submit letters of support to the Department of Juvenile Justice in this
matter.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
IN RE:
REQUESTS FOR WORK SESSIONS
Chairman Johnson asked that the Board members give available weekend
dates for the upcoming Board Retreat to Board Clerk Mary Allen by December 4,1997.
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) He advised that the Board received an e-mail from
Dick Hamlen asking about raising the personal property tax rate. Chairman Johnson
responded that he discussed this with Mr. Mahoney and Mr. Hodge and the tax rate will
be made retroactive to January 1997. Supervisor Minnix will respond to Mr. Hamlen. (2)
He advised that a resident in his district asked whose responsibility it was for leaves
blowing into the street when residents raked them to the edge of the road. He explained
that Mr. Hodge offered to help. Mr. Hodge has written a letter to the neighbors but has not
yet received a response. (3) He reported that he had placed bagged leaves out three
weeks ago but they have not yet been collected. Mr. Hodge explained that the leaves
~
December 2,1997
741
=
were picked up on regular solid waste collection dates but they were behind because of
the holidays. (4) He asked if there was any conclusion on changes to the County holiday
schedule. Mr. Hodge advised that they were reviewing but had no recommendation yet.
(5) He asked about the ordinance change restricting front yard fences. Mr. Hodge
responded that this had been discussed with Terry Harrington and Mr. Mahoney, and the
difficulty is enforcement. He will check with Mr Harrington and report back. (6) He advised
that he sent a memorandum regarding the storm water management plan and is
concerned about the lack of movement in the project, and that no action has been taken
on the Fifth Planning District Commission study. He suggested a worK session on the
County approach. Mr. Hodge advised that the consultant was bringing an update to all the
localities. Chairman Johnson suggested adding this to the next joint meeting with
Roanoke City Council. (7) He received a report from the Fifth Planning District
Commission on three bikeway plans and asked if the Board would review and make
recommendations. He explained that VDOT considers bikeway plans only if the locality
adopts them. Mr. Hodge will check and report back. (8) He announced that Mr. Mahoney
did not have time to revise the Policy Manual so he has sent memorandums to department
heads requesting that they revise the areas that affect their department and report back
to him within a week. (9) He reported that he had prepared a simplified CAFR and sent
it to the Board for responses from them. Mr. Hodge advised that there are standards that
the CAFR must adhere to but that a separate CAFR could be developed if the Board is
willing to fund the additional cost. Mr. Hodge will check on cost and report back. (10) He
announced that the Resource Authority has agreed to continue funding the recycling drop
742
December 2, 1997
off locations at various Kroger Stores.
SUDervisor Harrison: (1) He has received several calls on the
Comprehensive Plan and asked for an update. Mr. Hodge responded that a work session
is scheduled for December 16, 1997. (2) He announced that there was a problem with the
traffic light in front of Krogers on Route 460 and hoped that it would be fixed very soon
because it creates a dangerous traffic situation.
Supervisor Johnson: (1) He expressed sympathy to Mr. Hodge on the
death of his mother-in-law. (2) He expressed concern that Roanoke Valley Television is
being underutilized and felt that the County needed to budget more money toward the
station so that it could be better used. (3) He announced that the Christmas Tree Lighting
will be December 4 at 7:00 p.m. at the Brambleton Center.
-
INRE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote with Supervisors Minnix and Nickens absent.
1... General Fund Unappropriated Balance
2. Capital Fund UnaDDropriated Balance
3. Board Contingencv Fund
~ Proclamations sianed by the Chairman
IN RE:
EXECUTIVE SESSION
-.
December 2,1997
743
At 5:10 P.M., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A. (7) consultation with legal counsel
concerning negotiations for an agreement with City of Roanoke and 2.1344 A (5)
discussion of economic development prospect. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix and Nickens
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-120297-9
Supervisor Johnson moved to return to open session at 5:30 p.m. adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisors Minnix and NicKens
RESOLUTION 120297-9 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 members knowledge:
744
December 2, 1997
-
1. Only public business matters lawtully exemptea from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were 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 Eddy, Harrison, Johnson
NAYS: None
ABSENT: Supervisors Minnix, Nickens
-
INRE:
DISCUSSION
There was an open discussion of the Lowe's project and Total Action Against
Poverty with the Board of Supervisors.
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 5:40 p.m.
.
Submitted by,
Approved by,
~».~
Mary H. Allen, CMC
Clerk to the Board