HomeMy WebLinkAbout9/12/2000 - Regular
September 12,2000
519
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 12, 2000
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 September, 2000.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy"
Minnix (Arrived 3:30 p.m.), Supervisors Jå~eph B. "Butch"
Church, Bob L. Johnson, Harry C. Nickens (Arrived 3:06 p.m.)
None
MEMBERS ABSENT:
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan R. O'Donnell,
Assistant County Administrator
IN RE:
OPENING CEREMONIES
The invocation was given by Father Joseph Lehman, Our Lady of Nazareth
Catholic Church. The Pledge of Allegiance was recited by all present.
INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney advised that Supervisor Church requested a Closed Meeting
pursuant to Section 2.1-344 A (7), pertaining to probable litigation concerning insurance
520
September 12, 2000
coverage.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~
Resolution of Conaratulations to Shelby Hamlett for installation
as Dresident of the General Federation of Women's Clubs. a
world-wide service oraanization.
R-091200-1
Chairman McNamara presented the resolution to Ms. Hamlett.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
RESOLUTION 091200-1 OF CONGRATULATIONS TO SHELBY
HAMLETT FOR BEING SELECTED PRESIDENT OF THE GENERAL
FEDERATION OF WOMEN'S CLUBS, A WORLD-WIDE ORGANIZATION
WHEREAS, Shelby Hamlett has been an active volunteer with the Virginia
Federation of Women's Club (VFWC) and General Federation of Women's Clubs
(GFWC) for 40 years, beginning with membership in the Brambleton Junior Woman's
Club; and
WHEREAS, Ms. Hamlett has served as the VFWC President, First and
Second Vice President, Secretary, and Editor of the state magazine, and has served on
the GFWC Board since 1980, holding the offices of First Vice President, Second Vice
President, Treasurer and Recording Secretary; and
WHEREAS, on June 20, 2000, Ms. Hamlett was installed as President of
the General Federation of Women's Clubs, a world-wide women's service organization
made up of one million members from 20 countries in 6,500 clubs; and
WHEREAS, between 1996 and 1998, more than $56 million dollars and 27
million hours have been donated by GFWC members to 339,000 volunteer projects; and
the GFWC has pledged that $12.5 million will be donated for books and education
materials to public libraries and public school libraries; and
WHEREAS, Ms. Hamlett has represented the GFWC on the "McNeil-Lehrer
Hour" on national TV, attended the Fourth World Conference of Women in Beijing, China,
and recently returned from Guatemala where she visited schools in remote villages with
September 12, 2000
521
the intention of improving education for girls; and
WHEREAS, Ms. Hamlett is also active in other volunteer activities, serving
as a Deacon in her church, chairman of the board of the Easter Seal Society of Virginia
and board member of the Council of Community Services.
NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia expresses its congratulations to Shelby Paisley Hamlett for her
40 years of dedicated service to others and by attaining this high achievement in the
General Federation of Women's Clubs; and
FURTHER, the Board expresses its pride that an outstanding national
leader and active, caring volunteer is a resident of the County of Roanoke.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
IN RE:
NEW BUSINESS
~
Reauest from the Senior and Challenged Citizens Commission
for $1.000 fundina to reproduce public awareness video. and
update on the Commission activities. (Debbie Pitts. Assistant
Director of Recreation)
A-091200-2
Ms. Pitts reported that in 1997, the Board of Supervisors appointed the
Commission for Senior and Challenged Citizens to look at the needs of this population in
Roanoke County. The Commission has met regularly since January 6,1998, focusing on
the issues of Education, Transportation, Accessible Housing, and the Americans with
Disabilities Act.
On July 14, 1998, the Commission recommended emphasizing
improvements for Special Education services in the County Schools and Transportation
services for citizens through the CORTRAN service. Ms. Pitts introduced the members of
the Commission who were present.
Ms. Pitts advised that the Commission has concluded that services are
available for citizens but they are not aware of them. The Commission has been working
522
September 12, 2000
with RVTV to produce a series of public awareness videos to improve communication
with our citizens. The first video, Common Ground, has been completed and is the first
closed-captioned video produced by RVTV.
The second video on Transportation
Services for Senior and Challenged Citizens is under production and will be completed by
the end of September, and the third video will be on ADA or education services. The
Commission is currently working on a recommendation for affordable and accessible
housing, ADA compliance issues, employment for senior citizens and individuals with
disabilities, and public awareness.
Ms. Pitts explained that the Commission would like to distribute the video
and subsequent videos to area schools, libraries, clubs, churches, and organizations. The
production of the videos is free through RVTV; however, the Commission is responsible
for duplication and mailing costs and is requesting $1,000 from the Board Contingency
Fund to cover the expenses of making this available to the public.
Supervisor Nickens advised that the group has done a tremendous job with
these issues. He commended Ms. Pitts, Mr. Chambliss and the Vommission and moved
to approve the $1,000 funding from Board Contingency Fund. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
~
Reauest to accept a $90,000 arant on behalf of RADAR from the
Commonwealth Mass Transit Fund to purchase two vans with
lifts and accept $23.121 Section 18 Pass-Throuah Operatina
Monies. (John Chambliss. Assistant County Administrator)
September 12, 2000
523
A-091200-3
Mr. Chambliss reported that RADAR, which operates the CORTRAN
program in Roanoke County has been approved for a capital grant for the purchase of
two lift equipped vans at the cost of $90,000 to replace two older vans of their fleet. The
State will provide $85,000 and RADAR will provide the $4,500 match. Section 18
operating funds of $23,121 is used to offset some of the cost incurred to provide mass
transportation service to the rural service areas. Both of these sources of funds must be
received by a local unit of government and then passed to the service provider. He
requested acceptance of the grant and the Section 18 operating funds.
In response to a question from Supervisor Nickens, Mr. Chambliss advised
that the old vans are part of RADAR's fleet and not the County's fleet.
Supervisor McNamara moved to approve acceptance of grants. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
~
Reauest for authorization to execute an updated contract with
the Unified Human Services Transportation Svstem. Inc. to
provide CORTRAN Services.
County Administrator)
(John Chambliss. Assistant
Mr. Chambliss advised that the CORTRAN program provides services to
qualified County residents during the hours of 7:00 a.m. to 6:00 p.m. Monday through
Friday. Reservations are on a first-come, first-served basis. The new contract with
RADAR is based on a $25.00 per hour rate, less fares received. The average one-way
524
September 12, 2000
l..-
trip for County residents takes 45 minutes. The hourly rate for last fiscal year was $24.00.
The increase is due to increased cost of labor, fuel and insurance. Last year, CORTRAN
riders used 6,355.75 hours of service resulting in 8,851 one-way trips. Based on current
usage patterns, it will require an additional appropriation of $41,000 to meet the same
usage as last year or $20,600 to fund 25 hours per day.
Supervisor Nickens felt that the increase was reasonable and
recommended approval of the $41,000 increase, but Supervisor McNamara expressed
concern about use of the Board Contingency Fund for ongoing operating expenses.
Mr. Hodge was directed to investigate more cost effective ways to provide
transportation and bring back a recommendation during the budget process.
Supervisor Nickens moved to bring this back on October 10, 2000 with
funding source for the $41,000 increase other than Board Contingency Fund. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
~
Reauest from Roanoke City for Vallev Wide Work Sessions.
(Elmer Hodge. County Administrator)
A-091200-4
There was general concurrence from the Board members to support the
Valley wide meetings. Mr. Hodge and Chairman McNamara will send a letter to Roanoke
City Mayor Ralph Smith.
Supervisor Nickens moved to support Valley wide work session meetings.
The motion carried by the following recorded vote:
September 12, 2000
525
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
~
Reauest to adopt resolution authorizina a comprehensive
rezonina of various parcels in the Dixie Caverns area of
Roanoke County for purposes of implementina the 1998
Roanoke countv Communitv Plan. (Terry Harrinaton. Countv
Planner)
R-091200-5
Mr. Harrington reported that in May, the Board adopted an amendment to
the 1998 Roanoke County Community Plan which included an updated future land use
map for the Dixie Caverns area. The action also adopted Community Plan policies
pertaining to design guidelines appropriate for new commercial and industrial
development in this area which designated additional land suitable for future commercial
and industrial development, and specified design goals for development in the area. The
resolution authorizes and directs the Planning Commission to evaluate and recommend
specific parcels in the Dixie Caverns area that are suitable for commercial or industrial
zoning.
In response to a question from Supervisor Johnson, Mr. Harrington advised
that the staff will notify every property owner and there will be one or two community
meetings.
Supervisor Johnson asked that Mr. Harrington make sure that all of the
residents are well informed even if additional community meetings are necessary.
Supervisor Church asked that he be included in any meetings since this was located in
his district.
Supervisor Church moved to adopt the resolution. The motion carried by
526
September 12, 2000
;=
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 091200-5 AUTHORIZING A COMPREHENSIVE
REZONING OF VARIOUS PARCELS LOCATED IN THE DIXIE CAVERN
AREA OF ROANOKE COUNTY FOR INDUSTRIAL AND/OR
COMMERCIAL USE TO ENCOURAGE ECONOMIC DEVELOPMENT
WHEREAS, §15.2-2283 (vii), of the Code of Virginia, 1950, as amended,
identifies that one of the purposes of a zoning ordinance is to encourage economic
development activities that provide desirable employment and enlarge the tax base; and,
WHEREAS, the 1998 Roanoke County Future Land Use Plan has
designated certain locations of the County as "Principal Industrial" or "Core," which are
best suited for higher intensity economic uses; and,
WHEREAS, on May 9, 2000 the Board of Supervisors did adopt, after public
hearing and recommendation by the Planning Commission, amendments to the 1998
Community Plan to incorporate recommended design guidelines and Future Land Use
Plan Amendments for the Dixie Caverns area; and,
WHEREAS, public necessity, convenience, general welfare and good
zoning practice require an amendment to the zoning ordinance and district maps to
accomplish these goals, and more particularly the adoption of design guidelines and a
change in zoning of certain real estate to a commercial and/or industrial zoning
classification; and,
WHEREAS, §15.2-2286.A.7 of the Code of Virginia, 1950, as amended,
provides that an amendment to the zoning regulations or zoning district maps may be
initiated by resolution of the governing body.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board of Supervisors wishes to initiate the amendment of
the zoning text and zoning maps for certain real estate located in the Dixie Caverns area
of Roanoke County.
2. That the Roanoke County Planning Commission is hereby requested
to review the newly adopted Future Land Use Map and design guidelines for the Dixie
Caverns area, prepare zoning ordinance text amendments to implement these design
guidelines, identify specific parcels suitable for 1-1 and or C-2 zoning designation and to
make its recommendations to the Board on said amendments, as required by Title 15.2
and the Roanoke County Code.
4. That the County Administrator or his designee is hereby directed to
take such actions as may be necessary to accomplish the purposes of this Resolution.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
September 12, 2000
527
~
Reauest for acceptance of $180.000 Virainia Department of
Transportation Recreational Access Grant to construct the
North Roanoke Park access road. (Pete Haislip. Director of
Parks. Recreation and Tourism)
A-091200-6
Mr. Haislip advised that after two community planning meetings, the Board
of Supervisors on December 21, 1999, approved the master plan for a new park in North
Roanoke on the 8-acre "AMP" property located on Hollins Road. Planned facilities
include two soccer fields, a parking lot, a small picnic pavilion, playground, and a walking
trail. A major and expensive component of this project is the construction of a new road
to access the site. In April of 1999, a grant was submitted to the Virginia Department of
Transportation requesting funds from the Recreational Access Program to construct this
road. On June 15, 1999, the Commonwealth Transportation Board approved the request
for $180,000. This grant award, coupled with a Land and Water Conservation Fund grant
of $50,000, and a previous $50,000 Board appropriation, will allow Parks and Recreation
to go forward with the construction of this project. County policy requires these funds be
appropriated to the Parks and Recreation budget.
Mr. Haislip recommended acceptance of $180,000 from the Commonwealth
Transportation Board for the funding of the construction of an access road for a park in
North Roanoke.
Supervisor Johnson moved to approve acceptance of the grant. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
528
September 12, 2000
L.
Reauest for approval of $736.680 financing for seven new solid
waste trucks. (Anne Marie Green. General Services Director)
A-091200-7
Ms. Green advised that during the budget process, the Board approved the
purchase of six new automated garbage trucks and one new rearloader. The Board
approved lease purchasing these vehicles and using maintenance savings from the
current fleet to cover part of the payments. After reviewing the bids, including both the
cost and the delivery time as factors for consideration, staff recommended purchasing all
seven vehicles from McNeilus Companies at a total cost of $986,680, which is $21,604
less than originally anticipated. This bid includes six automated vehicles at $866,190 and
one rearloader at $120,490.
Ms. Green described the new automated trucks which will include an
"Auto Reach Arm" which has the capability to move side-to-side, in addition to up-and-
down. This will allow the drivers to pick up several cans at one stop, which should save a
tremendous amount of wear and tear on the engines and transmission. There is also an
auto memory feature, which automatically replaces the can exactly where it was picked
up.
Ms. Green advised that with the proceeds of the sale from the existing
equipment estimated to be around $35,000, and the existing budget allocation for one
new vehicle, the General Services budget has enough money for a down payment of
$250,000. This leaves a balance of $736,680 to be financed. Based on discussions by
the Board, staff has investigated using existing County funds to purchase the vehicles,
rather than obtaining financing from an outside agency. The Department of General
Services will repay the County fund over the next three year period, without the additional
cost of interest. The balance of $736,680 can be borrowed from the Future School
September 12,2000
529
Operating Reserve and repaid interest free over the next three years. This reserve
currently has a balance of $1,21 0,000. This method of financing can also be used to fund
the purchase of two pumpers and two ladder trucks that were also included in the budget,
will save the County interest expense and still replenish money to the Future School
Operating Reserve for future use. Ms. Green recommended that the Board finance
$736,680 with an interest free loan from the Future School Operating Reserve to be
repaid over the next three years, and allow General Services to keep the proceeds from
the sale of the existing vehicles to offset the cost of the down payment.
In response to questions from the Board members, Ms. Green advised that
the staff will be trained to fix any automation problems, and that there will be extended
warranties available to purchase for the life of the vehicles.
Supervisors Minnix, Church and McNamara expressed concern about using
the Future School Operating Reserve, especially without input and agreement from the
School Board. Supervisor McNamara and Church expressed support for appropriating
the funds from the General Fund Unappropriated Balance and felt it was sending the
wrong message to use funds earmarked for future school.
Supervisor McNamara moved to approve appropriating the funds from the
General Fund Unappropriated Balance to purchase the refuse vehicles.
Mr. Hodge advised that this would decrease the General Fund balance and
could affect future bond issues. He explained that Chief Financial Officer Diane Hyatt had
discussed use of the Future School Reserve with School Finance Director Penny Hodge
and responded that he would contact the School Board and ask concurrence to use funds
from the Future School Operating Reserve that will be paid back to that fund.
Supervisor Nickens offered a substitute motion that action be tabled until the
September 26 meeting to get concurrence from the School Board but withdrew that
530
September 12, 2000
motion and offered an alternate substitute motion to approve the purchase of the trucks
and that Mr. Hodge will bring back the funding methodology on September 26, 2000. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Nickens
Supervisors Church, McNamara
.!t.
Reauest for $12.800 fundina for Proiect Impact through June 30.
2001. (Anne Marie Green. General Services Director)
A-091200-8
Ms. Green advised that the Roanoke Valley received a grant of $500,000 in
December 1998 which has been administered through a regional steering committee. The
donation of time to Project Impact from the local governments and citizens of the valley is
estimated at over 9,000 hours. The value of time and materials donated to Project Impact
is $600,000, which does not include the original $40,000 grant received from the Virginia
Department of Emergency Management or $79,000 donated by Roanoke City for
additional flood plain elevation certificates.
Ms. Green reported that based on the efforts to date, the Roanoke Valley
has been chosen as a "star community" for Region 3 by FEMA, making the Valley the
best Project Impact community out of 20 in the six state region. An award will be
presented to Valley representatives at the Project Impact Summit in November. The
current grant will run out on November 30, 2000. Current plans to be completed by that
date include: (1) Completion of a $72,000 project to verify the GPS survey controls across
the Valley; and (2) Complete over 2,000 elevation certificates for properties in the flood
plain, which if the individual property owners had contracted for this service, would have
September 12, 2000
53J
cost over $2 million. Based on the amount and quality of work which Project Impact has
produced for the Roanoke Valley, the steering committee voted to seek additional funding
from the four local governments to continue the project through the end of the fiscal year.
Roanoke, Salem and Vinton have already appropriated funding through June 30, 2001,
and Roanoke County's per capita share is $12,800, which is available in the Board
Contingency Fund. Ms. Green requested that the Board appropriate $12,800 from the
Board Contingency Fund to fund Roanoke County's share of Project Impact through June
30,2001.
Supervisor Johnson moved to approve $12,800 funding from the Board
Contingency Fund. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
IN RE:
FIRST READINGS OF ORDINANCES
~
First readina of ordinance to extend the current franchise
agreement with Adelphia (Salem) Cable for ninety davs. (Joseph
Obenshain. Senior Assistant County Attornev)
Mr. Mahoney reported that the franchise agreements in both localities were
to expire on October 4, 1999, and were extended for ninety days until January 2, 2000,
and again for additional ninety day periods until October 1, 2000. In addition to the
532
September 12, 2000
,-
preliminary staff discussions between the local governments and with Adelphia, there has
been one meeting of the negotiating committee with the local General Manager of
Adelphia. Mr .Carruth, and a recent meeting with the County's cable television consultant,
Douglas Harold, to further develop the county's negotiating position. At this time, the City
of Salem has reached final agreement with Adelphia on the terms of their franchise
renewal and has granted a franchise renewal to Adelphia. Mr. Mahoney explained that at
the same time Roanoke County, in cooperation with Roanoke City and the Town of
Vinton, is involved in negotiations with Cox Communications for an extension of their
franchise in the Roanoke Valley. Common issues regarding both the language of the
franchise ordinance and the terms of the franchise agreement are expected to arise in
these negotiations. Based upon the recommendations made by Mr. Harold following the
City of Salem negotiations, it is anticipated that Roanoke County and Adelphia can soon
reach agreement on the terms of a new franchise ordinance and agreement. Mr.
Mahoney requested that the Board extend the current franchise agreement by ninety
days.
Supervisor Church moved to approve the first reading and set the second
reading for September 26, 2000. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
September 12, 2000
533
~
First readina of ordinance authorizina acQuisition of necessary
easements to construct the Campbell Hills Water Line project.
(Garv Robertson. Utility Director)
Mr. Robertson reported that the Board has approved the Campbell Hills
Water Line Project under the Capital Improvement Program for the current year. This
project will provide Spring Hollow water to the Campbell Hills subdivision, which is
adjacent to the water treatment facility. Potable water is currently provided by ground
water wells that have poor quality because of hardness. Construction of this water line
will allow these wells to be abandoned, thereby reducing maintenance requirements for
the water system. This project is expected to begin in October 2000 and be completed by
February 2001. The Project will require acquisition of five (5) separate easements from
three property owners. Preliminary negotiations have begun with the affected property
owners and offers have been made based upon 40% of the assessed land value plus
cost of expected damage caused by the work. These offers are consistent with the
County's past policy for acquiring easements. Mr. Robertson requested adoption of the
ordinance authorizing the acquisition of easements.
Supervisor Church moved to approve the first reading and set the second
reading for September 26, 2000. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
534
September 12, 2000
~
First readina of ordinance authorizina the vacation and auit-
claim of a portion of an existina 20-foot sanitary sewer
easement and acceptina a relocated portion of same easement
located on Lot 2. Block 2. Section 1. Lakeland Farms. (Garv
Robertson. Utility Director)
0-091200-9
Mr. Robertson advised that on March 1, 1977, Ezra E. Wertz and Elsie M.
Wertz conveyed a 20-foot sanitary sewer easement to the Roanoke County Public
Service Authority, predecessor to the Roanoke County Board of Supervisors. This
property was subsequently subdivided and developed into Lakeland Farms, Section 1,
and the plat dated November 17, 1977, and recorded in Plat Book 9, page 123,
incorrectly shows this easement as a 15-foot sanitary sewer easement. When the
residence was constructed, it was apparently sited assuming the easement was 15-feet
wide. This causes the dwelling to encroach the actual 20-foot easement by approximately
3.5 feet. This encroachment was discovered during a recent title examination for the sale
of the property. The petitioners, Claude L. Piche and Susan H. Piche, have requested that
the Board of Supervisors vacate and quit-claim the northern five feet of the sanitary sewer
easement and accept in exchange an additional five feet on the southern side of the
September 12, 2000
535
existing easement for a total width of 20 feet.
Supervisor Johnson moved to waive the first reading and adopt the
ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
ORDINANCE 091200-9 AUTHORIZING THE VACATION AND QUIT-
CLAIM OF A PORTION OF AN EXISTING 20-FOOT SANITARY SEWER
EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF
THE SAME EASEMENT ACROSS LOT 2, BLOCK 2, SECTION 1,
LAKELAND FARMS
WHEREAS, by Deed dated March 1, 1977, Ezera E. Wertz and Elsie M.
Wertz conveyed to the Roanoke County Public Service Authority (predecessor in title to
the Board of Supervisors of Roanoke County, Virginia), a sewer line easement, twenty
feet (20') in width, across a tract of land owned by the Wertz's, in connection with the
sewer system designated as "Interceptor from Nottingham Hills to Castle Rock West,
Section 1"; and,
WHEREAS, Lakeland Developers, Inc., subsequently subdivided and
developed a portion of said tract of land into Section 1, Lakeland Farms, as shown upon
the plat dated November 17, 1977, made by T.P. Parker & Son, of record in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 123; and,
WHEREAS, the above-described 20' sewer easement is referenced, but
incorrectly shown upon the subdivision plat as an "existing 15' san. sew. esmt."; and,
WHEREAS, the petitioners, Claude L. Piche and Susan H. Piche, husband
and wife, are the owners of Lot 2, Block 2, Section 1, Lakeland Farms; and,
WHEREAS, a recent survey of said property reflects that the residential
dwelling located thereon encroaches upon the north side of the 20' sanitary sewer
easement; and,
WHEREAS, the petitioners have requested that the Board of Supervisors of
Roanoke County, Virginia, vacate and quit-claim the northern five feet (5') of the sanitary
sewer easement and accept in exchange an additional five feet (5') for sanitary sewer
easement purposes on the southern side of the existing easement for a total width of
twenty feet (20'); and,
WHEREAS, the relocation has been accomplished without cost to the
536
September 12, 2000
-
County and meets the requirements of the 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 September 12, 2000 and the
second reading of the ordinance was waived; and
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (easement) is hereby declared to be surplus and
the nature of the interest in real estate renders it unavailable for other public uses; and,
3. That, conditioned upon the exchange as hereinafter provided,
vacation and quit-claim of the northern five feet (5'), as shown on Exhibit A (attached), of
the 20' sanitary sewer easement across Lot 2, Block 2, Section 1, Lakeland Farms, in the
Windsor Hills Magisterial District, owned by Claude L. Piche and Susan H. Piche,
husband and wife, is hereby authorized and approved; and,
4. That, in exchange, acquisition and acceptance of an additional five
feet (5'), as shown on Exhibit A (attached), for sanitary sewer easement purposes on the
southern side of the existing easement for a total width of twenty feet (20') be, and hereby
is, authorized and approved; and,
5. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to, survey costs and recordation
of documents, shall be the responsibility of the petitioners, Claude L. Piche and Susan H.
Piche, or their successors or assigns; and,
6. That, as a further condition to the adoption of this ordinance,
Roanoke County will not be responsible for repair or replacement of any structure or
improvement (particularly including the existing deck), which encroaches the new twenty
foot (20') sanitary sewer easement, (shown as "NEW 20' S.S.E" on the attached plat),
across Lot 2, Block 2, Section 1, Lakeland Farms, owned by Claude L. Piche and Susan
H. Piche, or their successors or assigns; and,
7. That the County Administrator, or an Assistant County Administrator,
is hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of which shall be on form
approved by the County Attorney.
8. That this ordinance shall be effective on the date of its adoption.
On motion of Supervisor Johnson to waive the first reading and adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
September 12, 2000
537
INRE:
SECOND READING OF ORDINANCES
~
Second readina of ordinance authorizina Quitclaim and release
of a 15-foot sanitary sewer easement. recorded in Plat Book 16.
Paae 41. Edaemont of Vinton. Section 1. within the boundaries
of Sunflower Drive. south of the intersection of Tulip Lane and
Sunflower Drive. and a 15-foot sanitary sewer easement. and 15-
foot water line easement recorded in Plat Book 9. Page 281.
Serino Grove. Section 7. within the boundaries of Sunflower
Drive. north of the intersection of Ivy Lane and Sunflower Drive.
beina located in Edgemont of Vinton. Section 2. in the Vinton
Maaisterial District. (Arnold Covev. Community Development
Director)
0-091200-10
There was no discussion and no citizens present to speak.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
ORDINANCE 091200-10 AUTHORIZING QUIT-CLAIM AND RELEASE
OF PORTION OF A FIFTEEN-FOOT SANITARY SEWER EASEMENT
RECORDED IN PLAT BOOK 16, PAGE 41, AND QUIT-CLAIM AND
538
September 12, 2000
RELEASE OF PORTION OF A FIFTEEN-FOOT SANITARY SEWER
EASEMENT AND PORTION OF A FIFTEEN-FOOT WATER LINE
EASEMENT RECORDED IN PLAT BOOK 9, PAGE 281 AND FURTHER
SHOWN IN PLAT BOOK 16, PAGE 41, WITHIN THE BOUNDARIES OF
SUNFLOWER DRIVE, EDGEMONT OF VINTON, SECTION 2, SITUATED
IN THE VINTON MAGISTERIAL DISTRICT
WHEREAS, in order for portions of Sunflower Drive to be accepted into the
state secondary road system, the Virginia Department of Transportation (V DOT) 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 to the
Commonwealth of Virginia, subject to certain conditions, of all existing easements within
the boundaries of Sunflower Drive, namely the following: a portion of a 15' sanitary
sewer easement, south of the intersection of Tulip Lane and Sunflower Drive, Edgement
of Vinton, Section No.2, shown and designated as "NEW 15' S.S.E." on the 'Plat Showing
Section No.1 "Edgemont of Vinton" Property of C. & S. Dev. Corp.: dated September 10,
1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Plat Book 16, page 41; a portion of a 15' sanitary sewer easement, north of the
intersection of Ivy Lane and Sunflower Drive, Edgemont of Vinton, Section No.2, shown
and designated as "15' 5.S.E." on 'Plat of Section 7 "Spring Grove" Property of C. & S.
Dev. Corp.,' dated January 23, 1984, and recorded in the aforesaid Clerk's Office in Plat
Book 9, page 281, and further shown as "EX. 15' S.S.E." on 'Plat Showing Section No.1
"Edgemont of Vinton" Property of C. & S. Dev. Corp.," dated September 10, 1993, and
recorded in the aforesaid Clerk's Office in Plat Book 16, page 41; and a portion of a 15'
water line easement, north of the intersection of Ivy Lane and Sunflower Drive,
Edgemont of Vinton, Section No.2, shown and designated as "15' WATER LINE ESM'T:
on 'Plat of Section 7 "Spring Grove".......: dated January 23, 1984, and recorded in the
aforesaid Clerk's Office in Plat Book 9, page 281, and further shown as "EX. 15' W.L.E."
on 'Plat Showing Section No.1 "Edgemont of Vinton"......: dated September 10, 1993,
and recorded in the aforesaid Clerk's Office in Plat Book 16, page 41; and
WHEREAS, it will serve the interests of the public to have Sunflower 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 affected Roanoke County departments.
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 August 22, 2000; and a second
September 12,2000
539
reading was held on September 12, 2000; and,
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
Sunflower Drive into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release to the Commonwealth of Virginia of the
portion of the 15' sanitary sewer easement recorded in Plat Book 16, page 41, of the 15'
sanitary sewer easement recorded in Plat Book 9, page 281, and further shown on Plat
Book 16, page 41, and of the 15' water line easement recorded in Plat Book 9, page
281, and further shown on Plat Book 16, page 41, within the boundaries of Sunflower
Drive as shown on Exhibits A and B, is hereby authorized subject to the following
conditions:
a.
VDOT issuance of a permit for any and all water lines or
pipes, sanitary sewer lines or pipes, and any related
appurtenances or facilities.
b.
The facilities located within the 50-foot right-of-way, under
Sunflower Drive, Edgemont of Vinton, Section 2, shown on
Plat Book 16, page 41, and Plat Book 9, page 281, may
continue to occupy the street or highway in the existing
condition and location.
The release would be for so long as the subject sections of
Sunflower Drive are used as part of the public street or
highway system.
4. That the subject easements are not vacated hereby and shall revert
to the County in the event of abandonment of the street or highway.
5. That the County Administrator, or an Assistant 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.
c.
That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
540
September 12, 2000
INRE:
APPOINTMENTS
~
Highwav and Transportation Safety Commission
Supervisor Nickens asked that Clerk Mary Allen contact the Virginia
Department of Transportation and other participating agencies to see if there is a need for
this commission.
INRE:
CONSENT AGENDA
R-091200-11: R-D91200-11.a: R-O91200-11.e
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 091200-11 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
September 12, 2000, 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 Item 1
through 5, inclusive, as follows:
1. Acceptance of Edgemont Circle and the remaining portion of
Sunflower Drive into the Virginia Department of
September 12, 2000
54J
Transportation Secondary System.
2.
Acceptance of sanitary sewer facilities serving Pennwood
Townhomes.
3.
Donations of variable width storm drainage easements on
Autumn Drive, Hollins Magisterial District, from (a) Harold B.
and Hazel G. Hodges; (b) Joseph K. and Virginia A. Bushnell;
(c) A. Jennings and Doris K. Robertson and (d) Stuart J. and
Geraldine H. Wamsley.
4.
Request to approve the Annual Performance Contract with
Blue Ridge Community Services.
Request to adopt resolution agreeing to co-sponsor
"Sustainable Growth for Communities" seminar with the
Western Virginia Land Trust
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 Nickens to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
5.
RESOLUTION 091200-11.a REQUESTING ACCEPTANCE OF
EDGEMONT CIRCLE AND THE REMAINING PORTION SUNFLOWER
DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street~ 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
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
542
September 12, 2000
'==
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 Reauirements, 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 Nickens
None Reauired
Supervisors Johnson. Minnix. Church. Nickens. McNamara
None
None
RESOLUTION 091200-11.e AGREEING TO CO-SPONSOR THE
SUSTAINABLE GROWTH FOR COMMUNITIES SEMINAR WITH THE
WESTERN VIRGINIA LAND TRUST
WHEREAS, the Western Virginia Land Trust has requested that Roanoke
County co-sponsor a 2-day seminar, and
WHEREAS, the seminar is designed to help guide decision making that will
lead to healthy, vibrant and sustainable communities, and
WHEREAS, the seminar will demonstrate improved decision making
through the use of environmental data that will characterize existing conditions and
evaluate alternative growth patterns, and
WHEREAS, the seminar will link social, economic and ecological values and
result in a balanced approach to community building that gives equal consideration to
these three values, and
WHEREAS, the management process used in the seminar encourages
participation, partnerships and cooperation in order to shift from conflict to collaboration
and find common values, and
WHEREAS, it is critical to the success of this seminar that a diverse, broad-
based group of people attend, and
WHEREAS, as co-sponsors the County will not be required to provide any
direct financial support but will be provided the opportunity to express the County's vision
for the community and the region, and
WHEREAS, the seminar will be held on Monday, October 30 and Tuesday,
September 12, 2000
543
October 31,2000;
BE IT THEREFORE RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, agrees to co-sponsor the Sustainable Growth For Communities seminar
along with the Western Virginia Land Trust.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
~
Nancv Huahes. 2506 Sharmar Road. expressed concern and
opposition to using the school reserve funds for purchase of solid waste vehicles as
requested earlier in the meeting, and also questioned the County taking the former Mount
Vernon Elementary School for use as an Administration Center and now a Recreation
Center.
INRE:
REPORTS
Supervisor McNamara moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
~
General Fund Unappropriated Balance
~
Capital Fund Unappropriated Balance
~
Board Continaency Fund
544
September 12, 2000
~
Future School Capital Reserve
~
Report on assistance to the School Board on student
population projections.
§,.
Statement of Treasurer's Accountabilitv per Investment and
Portfolio Policy as of Auaust 31.2000.
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (2) He pointed out in response to Ms. Hughes
concern that Mt. Vernon Elementary School was used by the County only after the School
Board declared the school surplus. (2) He reported that there are people living in a tent
with no bath or water facilities in a residential section, and that he was informed that this
was allowable use in residential zoning. He asked Mr. Mahoney to see what needed to
be done to change the zoning ordinance so that this would not be allowed. (3) He
advised that he felt Tanglewood Mall is an asset to the County and asked Mr. Hodge and
the Economic Development staff to work with the Mall on rental of vacant stores.
Supervisor Minnix: (1) He advised that he attended the meeting on the
Virginia Gas Pipeline and was asked how to inform the residents whose land will be
affected by the pipeline. Mr. Hodge responded that a letter from him and Chairman
McNamara will go to the residents letting them know what the procedure is. (2) He
advised that he received a letter from the Virginia Department of Transportation stating
September 12, 2000
545
that the road width is too short and amount of traffic is too heavy on Penn Forest
Boulevard to allow parking on the street and there will be "No Parking" signs posted in the
area.
Supervisor Church: (1) He advised that he attended the September 6,
2000 meeting on the Virginia Gas Pipeline and felt that it was very informative and noted
that state laws regulate the location and public notice of gas pipelines. He asked Mr.
Mahoney to check on potential future state legislation that would force co-location of
pipelines. (2) He announced that he is looking forward to attending the Opening
Ceremony ofthe Center for Research and Technology on October 23,2000, and advised
Delegate Devolites from Northern Virginia is working on getting representatives
from technology businesses in her area to attend.
Supervisor McNamara: (1) He announced that the regional EMS Training
Center ribbon cutting ceremony was held last week and that it is a fabulous facility. (2)
He thanked the Parks and Recreation staff for getting the additional parking spaces at
Garst Mill Park.
INRE:
OTHER BUSINESS
MR. Hodge announced that there are several upcoming important County
special events that the Board is invited to: (1) Learning for Work: Whatever It Takes -
October 20, 2000; (2) Opening Ceremony - Center for Research and Technology -
546
September 12, 2000
October 12, 2000; and (3) Future Technology and Trade Expo - October 27 - 29,2000.
INRE:
CLOSED MEETING
At 5:20 p.m., Supervisor McNamara moved to go into Closed Meeting
pursuant to Code of Virginia Section 2.1-344 A (3) consideration of the disposition of
publicly held real estate, and 2.1-344 A (7) probable litigation regrading insurance
coverage. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
INRE:
RECESS
Chairman McNamara declared a ten minute recess at 5:20 p.m.
IN RE:
WORK SESSIONS
~
Work Session on Fire and Rescue staffina issues (Richard
Burch. Fire and Rescue Chief)
The work session was held from 5:30 p.m. until 6:50 p.m. and was
presented by Chief Rich Burch.
The Board and staff viewed a power point presentation that outlined: (1) the
number of calls during career hours during various periods for the Bent Mountain and
September 12, 2000
547
Back Creek Stations; (2) information on the Cave Spring Ladder Crew; (3) proposed
mutual aid agreement with Roanoke City Fire-EMS; (4) Floyd County Officials Meeting;
and (5) Fort Lewis Rescue response concerns.
There was discussion on the City charging for EMS calls in the County, the
need for a joint station with the City of Roanoke, the need to hire additional staff; how to
fund the additional staff; and how to resolve staffing problems at Bent Mountain, Mount
Pleasant and Fort Lewis stations.
Mr. Hodge was directed to bring back a report to the October 10, 2000
meeting with specific recommendations that would resolve the staff allocation problems at
Mount Pleasant, Fort Lewis and other areas.
INRE:
OTHER DISCUSSION
There was discussion of Item 7 under New Business, requesting funds for
the solid waste trucks. Chief Financial Officer Diane Hyatt reported on a telephone
discussion with School Superintendent Dr. Weber and reported on the new South County
High School construction bids. Fire and Rescue Chief Rick Burch also discussed the
timing of the bids for the fire trucks
INRE:
CERTIFICATION RESOLUTION
R-091200-12
548
September 12,2000
~
At 7:20 p.m., Supervisor McNamara announced that the Closed Meeting
was held from 7:00 p.m. until 7:20 p.m.; and moved to return to open session and adopt
the Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS:
None
RESOLUTION 091200-12 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 ofthe Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this certification
resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Certification Resolution;
and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
ADJOURNMENT
At 7:21 p.m. Chairman McNamara adjourned the meeting.
September 12, 2000
549
Submitted by,
Approved by,
yY)~ y.,/. ~
Mary H. Allen, CMC/AAE
Clerk to the Board
~
550
September 12, 2000
ï=
This page left intentionally blank