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HomeMy WebLinkAbout12/3/1996 - Regular Deepmhpr J, 1996 tit - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 3, 1996 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, 1996. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix KEKBERS ABSENT: None 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 John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: BRIEFINGS ~ December 3, 1996 ~ Briefing on Spring Hollow Recreation Master Plan. (Pete Haislip. Parks and Recreation Director) Mr. Haislip reported that the Parks and Recreation Department hired Hayes, Seay, Mattern and Mattern to develop the master plan, and as part of the design process a citizens committee established consisting of citizens throughout Roanoke County, including a resident of Dry Hollow Road. There were three goals: (1) maintain water quality; (2) maintain the pristine environment; and (3) be sensitive to the residents on Dry Hollow Road. Mr. Haislip introduced the members of the committee who were present. A resident of Dry Hollow Road, Ms. Blankenship, expressed concern about the logging activities and trucks on the road. Mr. Haislip advised that the plan projects a five phase, ten year time frame for construction, with Phase I being corrections to the railroad trestle. The project will be included in the Capital Improvement Plan and will be prioritized with the other projects. IN RE: NEW BUSINESS k Request for funding to replace County welcome signs. (Anne community Relat~ons Director) missing Marie Roanoke Green. A-120396-1 Ms. Green explained that since the redwood welcome December 3, 1996 w signs were installed in 1990, some have needed replacement due to automobile accidents and vandalism. Some have been replaced, but there are currently three signs missing that were located at Route 11 at the Botetourt County line; Route 419 at I-81 and Route 460/11 West at the Montgomery County Line. One sign has been defaced which is located on Route 221 at the entrance from Floyd County. Ms. Green reported that the specifications have been changed and now require vandal proof bolts. The costs of replacing the signs is $1,000 per sign or $4, 000 and staff recommended approving the funding from the Board Contingency Fund. Following discussion, it was determined by the Board that Mr. Hodge should appropriate the funding from the existing budget. Supervisor Minnix moved to approve replacing the signs amended by Supervisor Nickens that the $4,000 funding is to come from the existing budget and not the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Resolution adopting the Roanoke county Legislative Program to be presented to the 1997 Virginia General Assembly. (Paul M. Mahoney. County Attorney) ~.- December 3. 1996 R-120396-2 Mr. Mahoney explained that each year the county submits its legislative program for the upcoming session of the Virginia General Assembly. The proposed resolution contains the same proposals sent to the Virginia Association of counties and adopted by the Board on May 28, 1996 with several additions (paragraph L, M, N, and 0) in the resolution. Following discussion, there were several items added to the resolution based on suggestions by Supervisor Eddy and a request from Library Director Spencer Watts (paragraphs P, Q, and R) . Supervisors Johnson and Nickens expressed concern about adding too many items to the program. Supervisor Nickens asked whether the Board will meet with the General Assembly delegation. Mr. Mahoney responded that he will invite them to a meeting following the organizational meeting on January 2, 1997. Supervisor Minnix moved to adopt the resolution with additions suggested by Supervisor Eddy as follows: (1) support for full state funding of libraries and technology; (2) support for small claims court; and (3) support for Fifth Planning District commission's recommendation of a task force for Western Virginia to recommend legislative initiates that protect culture and environment. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson - December 3,1996 81S NAYS: None RESOLUTION 120396-2 ADOPTING LEGISLATIVE PROGRAM FOR THE 1997 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEKBLY FAVORABLY TO CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1997 session of the Virginia General Assembly; and WHEREAS, the Board has recommended theSE! issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as part of the Legislative Program of Roanoke County for the 1997 session of the Virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative proposals are submitted to the 1997 Virginia General Assembly for its favorable consideration and adoption. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for pUblic education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. 3) Local school divisions should be authorized to establish opening dates for school. 4) Dispari ty funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Roanoke County supports legislation amending the heart/lung/cancer presumption statute for Workers' Compensation to restore balance to the rebuttal process. Compensability shall ~ December 3,1996 - ~~ be determined by establishing whether work or non-work related risk factors (life-style choices such as smoking, poor nutritional habits, lack of exercise, or obesity, or non-work related stress and familial history) are more likely the primary cause of the medical condition. In addition, Roanoke County opposes any further expansion of this statute. C. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments. section 10.1-1411 imposes a 25% recycling mandate on local governments. The 1995 session of the General Assembly adopted the Waste Hauler Displacement Bill which severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. D. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. E. Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. This would require groundwater and methane gas monitoring, financial assurances from the owner/operator, and local governing body certification of compliance with all local ordinances. F. Roanoke County supports legislation amending Section 14.1-46.0: 1 to increase the salary supplement for the Chairman of the Board of supervisors from $1,800 to $2,500 per year. G. Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. H. Roanoke County opposes (legislation carried over from the shift more of the costs of water the provisions of H.B. 1513 1996 session) which would and sewer facilities and -., Dpl'pm her J J 1996 m operations from the homebuilders to the individual consumers. This legislation claims only to require "fair and reasonable" water and sewer connection fees, yet its practical effects are to shift costs and expenses to the existing utility customer, jeopardize new and existing revenue bond covenants, and impose a "one size fits all" mandate on local governments and water and sewer authorities. I. Roanoke County opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing. J. Roanoke County supports authority to impose an additional one-half percent (~%) local option sales tax. K. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. L. Roanoke County supports authority to establish escrow accounts for storm water facilities. M. Roanoke County supports legislation to relieve Treasurer's from liability for the loss of market value of Trigon stock as a result of de-mutualization. N. Roanoke County supports legislation appropriating funds and directing the state Compensation Board to modify staffing standards for local jails and court services positions for Sheriff's offices. o. Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. P. Roanoke County supports full funding of the state aid formula for public libraries (currently only 74% of this amount is funded, full funding would increase Roanoke County's share by $71,000 per year); and state funding for technological development and support. Q. Roanoke County supports the creation of a small claims court for the 23rd District. R. Roanoke County supports the 5th Planning District Commission's recommendation to establish a Year of the Mountains Task Force to examine opportuni ties and problems facing communities in the region of Virginia west of t.he Blue Ridge Mountains. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the members of the General Assembly representing the Roanoke Valley, to the Clerk's Office of the House of Delegates and Senate of the General Assembly, to the Town Council of the Town of Vinton, City Councils of the City of Salem and the City of Roanoke, and the SIB-- December 3. 1996 Boards of supervisors of the Counties of Bedford, Botetourt, craig, Floyd, Franklin, and Montgomery counties, and to the virginia Association of Counties. On motion of Supervisor Minnix to adopt the Resolution with the additions of paragraphs P, Q, and R, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request to appropriate County share of funding of the Mason Creek Interceptor ill\Provements. (Gary Robertson. utility Director) A-120396-3 Mr. Robertson advised that the city of Salem is preparing to replace the interceptor from the Roanoke River to the vicinity of the Lakeside Shopping Center. Roanoke County has requested to participate in the project to provide sewer capacity in the Mason's Creek drainage area. The City of Salem has agreed to provide Roanoke County a capacity of 1.1 MGD. The total cost of the project is estimated to be $821,000 with Roanoke County's share at $120,000. Staff recommends that the project be approved and the funds appropriated from the sewer repair and replacement fund. Supervisor Harrison moved to approve participation and appropriate the funding. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None December 3, 1996 8ü IN RE: FIRST READING OF ORDINANCES ~ Ordinance amending and reenacting portions of Chapter 5. Animals and Fowl, and repealing Section 5-69. Vaccination Clinics of Division 3 of Article II of Chapter 5. Animals and Fowl of the Roanoke County Code to clarify the authority of the Communi ty Service Officers of the Roanoke County Police Department to enforce the County's animal control ordinances. and to increase the fees for boarding and pickup of animals. (Joseph Obenshain. Sr. Assistant county Attorney) Mr. Mahoney advised that most of the changes to the ordinance are administrative with the exception of the increase in the daily boarding fee to $7.75 and the pickup fees to $20.00, $35.00 and $50.00 for first, second and third offenses. Supervisor Nickens questioned removing the section which allows the County to hold periodic rabies clinics and suggested that it remain in the ordinance. Police Chief John Cease advised that one has not been conducted since 1992 and there are no funds in the budget to hold the clinics. Supervisor Nickens advised that he supported leaving this in the ordinance in case the County would want to hold clinics in the future. Supervisor Nickens moved to approve the first reading of the ordinance amended to exclude the deletion of Section 5-69 regarding Rabies Vaccination Clinics, and set the second reading ~- December 3, 1996 - .--.---- - and public hearing for December 17, 1996. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance establishing a Board of Appeals and establishing procedures and requirement to hear appeals from decisions made under the provisions of Chapter 9. "Fire Prevention and Protection" of the Roanoke County Code. (Paul Mahoney. County Attorney) Mr. Mahoney offered two ordinances for review. One designated the Building Code Board of Adjustments and Appeals as the Appeals Board and the other designated the Board of supervisors as the Appeals Board. He recommended designating the Building Code Board of Adjustments and Appeals, but Mr. Hodge recommended designating the Board of supervisors. The majority of the Board members supported the designation of the Board of Supervisors so that any problems may be resolved at the staff level. Supervisor Minnix moved to approve the first reading of the ordinance designating the Board of Supervisors to hear appeals, and set the second reading and public hearing for December 17, 1996. The motion carried by the following recorded vote: -. December 3, 1996 æJ - AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizing the creation of and financing for a local public works iD\Provement project. Trevilian Road Water Project. (Gary Robertson. utility Director) 0-120396-4 There was no discussion and no citizens were present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 120396-4 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, TREVILIAN ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Trevilian Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years in accordance with the provisions of Ordinance 112288-7; and ~ December 3. 1996 - .. - --- WHEREAS, the first reading of the Ordinance was held on November 19, 1996, and the second reading was held December 3, 1996. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of the Trevilian Road community. The total construction cost of this public water project is estimated to be $45,000.00, to be initially financed as follows: Roanoke County utility Department (previously appropriated) citizen Participation (7 x $2,300) Advance from Public Works Participation Fund $12,000 $16,100 $16,900 That there is hereby appropriated for this project the sum of $16,900 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under" paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Trevilian Road Water Project" prepared by the Roanoke County utility Department and identified as Exhibit 1. The Trevilian Road Water Service Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area (a) by paying the sum of $3,645 until January 8, 1997; (b) thereafter, the cost to participate in the benefits of this service area shall be the prorata share of the construction costs ($2,300) plus the full off-site facility fee in effect at the time of application for utility service, said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before January 8, 1997, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Payment of $2,300 per owner /residential connection for construction costs for off-site facility fees for a total of $3,645 to for a maximum of 10 years at an interest rate of 8% annum. property and $1,345 be financed percent per December 3, 1996 w - (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the seven anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. After the advance has been repaid, the construction cost shall be' returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect 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, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance authorizing the vacation of a portion of an existing 20-foot water line easement and to accept a relocated portion of same easement. located across Lots 27 and 28, Block 1. revised plat of the Orchards. ~pplewood. Section 9. (Gary Robertson. utility Director). ~ December 3,1996 - 0-120396-5 Mr. Robertson advised that F&W Community Development corporation conveyed to the Board a 20 foot water line easement across a tract of land owned by the corporation in 1988. A recent survey reflects that a residential dwelling located on Lots 27 and 28, block 1 encroaches on the southwest side of the easement. F&W has requested that the Board vacate a portion of the water line easement and accept in exchange an additional area for the easement which will eliminate the encroachment. In response to questions from Supervisor Nickens, Mr. Robertson advised that staff used only a couple of hours of time and there were no costs. He further explained that this was a different situation than a previous one when the Board denied the vacation and the house had to be moved. This easement was donated by F&W Community Development Corporation. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 120396-5 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 20-FOOT WATERLINE EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 28 AND 27, BLOCK 1, REVISED PLAT OF THE ORCHARDS, APPLEWOOD, SECTION 9 (PB 17, PAGE 86) WHEREAS, by Deed dated August 22, 1988, and recorded in Deed Book 1294 at page 506, F & W Community Development corporation conveyed to the Board of Supervisors of Roanoke County, Virginia, a water line easement, twenty feet (20') in width, across a tract of land owned by F & W Community Development Corporation; and December 3, 1996 825 - WHEREAS, F & W Community Development Corporation subsequently subdivided and developed a portion of said tract of land into section 9, The Orchards, Applewood, as shown upon the plat dated 10 March 1994, made by Lumsden Associates, P.C., of record in the Clerk's Off ice of the Circui t Court of Roanoke County, virginia, in Plat Book 17, page 86; and, WHEREAS, the above-described 20' water easement is referenced as "existing twenty foot (20') water line easement" and shown upon the above referenced subdivision plat; and WHEREAS, the petitioners, F & w communi.ty Development Corporation are the owners of Lot 28 and 27, Block 1, section 9, The Orchards, Applewood, across which the twenty foot (20') water line easement is located; and WHEREAS, a recent survey of said property reflects that the residential dwelling located on Lot 28 encroaches upon the west side of the 20' water line easement; and, WHEREAS, the petitioners have requested that the Board of supervisors of Roanoke County, Virginia, vacate that portion of the water line easement encroached upon and accept in exchange an relocated water line easement across Lots 28 and 27 on the eastern side of the existing easement as shown on a plat prepared by Lumsden Associates, P.C., dated 6 November 1996, entitled "Plat showing portion of existing water line easement (DB 1294, page 506) to be vacated and new water line easement to be dedicated to County of Roanoke for public use by F & W Community Development Corporation across Lot 28 and Lot 27, Block 1, Revised Plat of The Orchards, Applewood, section 9, (PB 17, page 86 ) "; and WHEREAS, the relocation has been accomplished without cost to the 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 November 19, 1996; and a second reading and public hearing was held on December 3, 1996; 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, 826 December 3, 1996 -- - 3. That, conditioned upon the exchange as hereinafter provided, a portion of the water line easement across Lot 28, Block 1, section 9, The Orchards, Applewood, in the Hollins Magisterial District, owned by F & W Community Development corporation be, and hereby is, vacated; and, 4. That, in exchange, acquisition and acceptance of a relocated water line easement on the eastern side of the existing easement be, and hereby is, authorized and approved; and, 5. That, as a condi tion to the adoption of this ordinance, 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 petitioners, F & W Community Development corporation, or their successors or assigns; and, 6. That the 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. 7. That this ordinance shall be effective on the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS ~ Blue Ridge Community Services Board of Directors Supervisor Harrison nominated Bonnie Pollack to complete the unexpired term of J. William Pistner. This term will expire December 31, 1998. ~ Library Board Supervisor Nickens advised that he will have a nominee at the December 17, 1996 meeting. IN RE: CONSENT AGENDA R-120396-6: R-120396-6.b: R-120396-6.d December 3. 1996 8M supervisor Eddy moved to adopt the Consent Resolution after discussion of Item 6. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 120396-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 3, 1996 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Confirmation of committee appointments to the Disability services Board and the Roanoke county Planning Commission. 2. Request for acceptance of Homewood Circle Extension, Othello Circle, Midsummer Lane, platted under the "Wexford Phase I and II Subdivision" into the Virginia Department of Transportation Secondary System. 3. Request for acceptance of Penn Forest Place into the Virginia Department of Transportation secondary System. 4. Acceptance of sanitary sewer facilities serving PMI - Ogden Road 5. Request from School Board additional revenues from the program. to appropriate dual enrollment 6. Request from School Board for appropriation of $44,950 to the School Capital Improvement Program for installation of automatic doors. æ& December 3. 1996 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 Eddy to adopt the Consent Resolution after discussion of Item 6, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 120396-6.b REQUESTING ACCEPTANCE OF HOMEWOOD CIRCLE EXTENSION, OTHELLO CIRCLE, MIDSUMMER LANE, PLATTED UNDER THE "WEXFORD PHASE I AND II SUBDIVISION," INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) 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: Supervisor Eddy Seconded By: None Required Yeas: Supervisors Eddy, Minnix, Harrison, Nickens. Johnson Nays: ~ December 3, 1996 ~ RESOLUTION 120396-6.c REQUESTING ACCEPTANCE OF PENN FOREST PLACE 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: Supervisor Eddy Seconded By: None Required Yeas: supervisors Eddy, Minnix, Harrison. Nickens, Johnson Nays: fum.e IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: He described the new necktie given to him by his granddaughter. supervisor Harrison: (1) He asked for an update on the North Transmission water and sewer line and what will be done during the winter. (2) He advised that there are still problems on Skyview Road, and asked staff to investigate. 83(l_ December 3, 1996 .- Su.pervisor Eddy: (1) He asked whether a meeting has been set up with the School Blue Ribbon Committee. Chairman Johnson responded that the Board should have a final report before scheduling a meeting. Mr. Hodge advised that he had discussed this with Dr. Gordon, and the committee will gather material on all schools, prioritize their needs and then meet with the Board of Supervisors. Chairman Johnson responded that he will write a letter to Ron Martin and let him know the Board's intent. (2) He attended the second meeting of the Advisory Committee for the Regional Competitiveness Act and talked to the Director of the Urban Partnership. They are requesting that Roanoke County reconsider joining. Chairman Johnson asked Mr. Hodge to bring their request to the December 17, 1996 Board meeting. (3) He received a report on the Roanoke Valley Greenways from the new coordinator and encouraged the Board members to read the report. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ~ Charles Gree~ spoke on behalf of other residents from the Mayflower Hills subdivision, and requested support from the Board of Supervisors to keep the Blue Ridge Parkway Spur to Rutrough Road permanently open. He advised that he had a petition with 800 signatures requesting that the spur remain open. December 3.1996 8M ~ Mike Stovall. representative of vinton Magisterial District on the School Board, reported that he has received many calls from students and parents attending William Byrd Schools requesting that the spur road remain open because it is so much more convenient. ~ Gene Wagner. former Chief at the vinton Fire station, advised that at one time they had emergency access to the Parkway but it was closed several years ago. He recommended leaving the spur road open because it cuts the travel time in responding to emergency calls. h Gary Johnson. National Park Services presented a written report on the history behind the temporary access and advised that the National Park Service has no authority to keep the road open and that any decision would have to be made by the united States Congress. supervisor Nickens asked that the issue be referred to Mr. Hodge and staff for their review and to address the concerns of the residents and public safety issues, and to bring back to the Board a recommendation. IN RE: REPORTS supervisor Johnson moved to following reports after removal of Item 7. a unanimous voice vote. ~ General Fund Unappropriated Balance receive and file the The motion carried by 8a2 December 3, 1996 Capital Fund Unappropriated Balance Board Continqency Fund statement of E~enditures and Revenues as of October 31. 1996. status Report on the Spring Hollow Water Project and Transmission Lines .L.. Financial Statement and Audit of the Industrial Development Authority for fiscal year 1995-96 ~ Report on Recycling Supervisor Johnson moved to remove the recycling report and requested that Mr. Hodge bring back a report for action on December 17, 1996. The motion carried by a unanimous voice vote. ~ h h h IN RE: WORK SESSIONS k Update on the Drainage Maintenance Priority List (Arnold Covey. Director of Enqineering & Inspections) Chairman Johnson advised that this project was begun in 1986 and funded by an increase in the vehicle decal fee. Projects are added by citizen request. In response to questions from Supervisor Eddy, Mr. Covey and Assistant Director George Simpson advised that the scoring mechanism for the projects had worked well. Mr. Simpson advised that the list of projects had grown and staff was December 3. 1996 ~ beginning to fall behind and he recommended that a three-man crew would be more efficient than the current two-man crew. Another problem is that they are temporary employees and had to be replaced and retrained frequently. It was the consensus of the Board to concur with the list as presented. Staff will bring it back to the Board for approval on the December 17, 1996 Consent Agenda. ~ Overview of the Fire and Rescue Department (Fire and Rescue Chief Rick Burch) There was a slide presentation by Chief Burch showing statistics on all fire and rescue stations, administration and recent shift changes. supervisor Nickens requested the population figures for all station districts so they could be compared with the percentage of calls. ~ Review of proposed policy manual (Paul Mahoney, county Attorney) Mr. Mahoney advised that the policy had been forwarded to the Board of Supervisors on September 24. He asked for direction from the Board on how they wished to proceed with a proposed policy manual. There was Board consensus that Mr. Mahoney and Mr. Hodge will review the manual with staff and bring back recommendations and deletions for approval. 8J4 December 3, 1996 - IN RE: EXECUTIVE SESSION At 5: 10 p.m., Supervisor Johnson moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (5) discussion of a prospective business or industry; 2.1-344A (7) probable litigation, BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Minnix left the meeting at 5:20 p.m. prior to the Executive Session. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-120396-7 At 7: 12 p.m., Supervisor Johnson moved to return to open session, that the Executive Session was held from 6:00 p.m. until 7:12 p.m., and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 120396-7 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 December 3, 1996 ~5 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 executi ve 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 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 certification Resolution, vote: AYES: NAYS: ABSENT: supervisor Johnson to adopt the and carried by the following recorded Supervisors Eddy, Harrison, Nickens, Johnson None supervisor Minnix IN RE: ADJOURNMENT At 7:14 p.m., supervisor Johnson moved to adjourn the meeting. The motion passed by a unanimous voice vote. Submitted by, Approved by, ~J.I.~ ¡:¿¡~ Bob L. Jo Chairman Mary H. Allen, CMC Clerk to the Board 8Mi December 3, 1996 - This page left blank intentionally.