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HomeMy WebLinkAbout7/10/1990 - Regular (3) July 10, 1990 530 -. - . Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 July 10, 1990 The Roanoke County 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 July, 1990. IN RE: CALL TO ORDER . Chairman Robers called the meeting to order at 3:07 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. MCGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. HUbbard, Assistant County Administrator of Community Services and Development; Don Myers, Assistant County Administrator for Management Services; Paul ~. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer 53 1 July 10, 1990. - - IN RE: OPENING CEREMONIES The invocation was given by the Reverend Robert L. Wayne, Lynn Haven Baptist Church. The Pledge of Allegiance was recited by all present. · IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. Supervisor Johnson added Item 5, Approval of a response to Senator Granger MacFarlane regarding the priorities for state and federal funding in the Roanoke Valley. IN RE: NEW BUSINESS ~ Adoption of Resolution official Iv designatinq Penn Forest Park as C. Darrell Shell Memorial Park. R-71090-1 · County Administrator Elmer Hodge announced that the Board had previously requested an appropriate memorial honoring the accomplishments of former Parks and Recreation Director Darrell Shell. The Parks and Recreation staff and Parks and Recreation Advisory Commission have suggested that the Board consider renaming Penn Forest Park as the C. Darrell Shell Memorial Park because this facility was established through matching grants and joint use of school property which Mr. Shell had arranged. · · July 10, 1990 532 - Assistant County Administrator John Chambliss and Parks and Recreation Director Stephen Carpenter assisted Board Chairman - Richard Robers in presenting the framed Resolution to Mrs. Shell. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 71090-1 OF~ICIALLY DESIGNATING PENN FOREST PARK AS C. DARRELL SHELL MEMORIAL PARK WHEREAS, C. Darrell Shell began employment with the County of Roanoke in 1967, serving as the County's first Director of Parks & Recreation; and WHEREAS, Mr. Shell worked tirelessly with the County Administration and School Administration to jointly use recreational facilities, thereby reducing the need to purchase additional land and reducing development costs to provide recreational opportunities to County residents; and WHEREAS, Mr. Shell was instrumental in obtaining matching grants whereby the level of benefit from the County's investment was increased by leveraging local contributions against the matching grants; and WHEREAS, Penn Forest Park serves as an outstanding example of these many facets of Mr. Shell's work for his community. NOW, THEREFORE, BE IT RESOLVED by the Board of 533 July 10, 1990 - - Supervisors of Roanoke County that Penn Forest Park be officially . designated as C. DARRELL SHELL MEMORIAL PARK in recognition of Mr. Shell's contributions to the County and that a certified copy of this resolution be forwarded to his family in his memory. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Request to add private roads to Rural Addition Proqram. A-71090-2 . Engineering Director Phillip Henry reported that each year staff brings to the Board of Supervisors petitions received for consideration and addition to the Rural Addition Priority List. Upgrade of these private roads to Secondary System standards is completed by using Rural Addition Funds within the VDOT Secondary six Year Construction Plan. Mr. Henry advised that Susquehanna Road and Indian Hill Road, Artrip Lane, Hemlock Avenue and Smokey Ridge Road have been requested by 75% of the property owners for improvements. As of July 1, 1990, the Rural Addition Account is estimated to be $300,000. The yearly additional allocation is now $106,000. Based on this funding level, VDOT acceptance and constructìon would not start on these roads for an estimated ten years. Supervisor Eddy asked why the funds have been July 10, 1990 534 - accumulated rather than work begun and the funds allocated. Mr. Henry responded that the staff had been working on revenue sharing funds and bond money projects because the funds had to be spent in a three-year time period. Supervisor Eddy suggested êhat the method for prioritization could be revised to get the maximum benefit by prioritizing by the least cost per family served. Mr. Henry advised he was agreeable to changing the system but the methodology was developed and approved by the Board in 1989. Supervisor Nickens moved to approve the Rural Addition Priority List. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, McGraw, Johnson, Nickens, Robers None ~ Request from School BDard for appropriation to the School Textbook Fund for 1989-90. A-71090-3 Dr. Jerry Hardy, Budget Director for County Schools, reported that the School Administration has received a $22,000 refund for returned textbooks and the funds have been expended for textbooks and materials for special education. He requested that the board allocate those funds to the 1989-90 school board budget to cover the appropriation. Supervisor Nickens moved to appropriate the funds. The motion carried by the following recorded vote: . · 535 July 10, 1990 - - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Approval of Public Private Partnership - optical Cable Corporation. A-71090-4 Assistant Director of Economic Development Brian Duncan reported that Lingerfelt Development Corporation has requested · approval of an agreement for optical Cable Corporation to fund utility connection fees estimated at $60,066 for their new cable manufacturing facility to be constructed in Valleypointe. Staff has determined that this qualifies under the Public-Private Partnership Policy and the estimated pay-back is one-year. Mr. Duncan requested that the Board authorize the reimbursement to the utility Fund of $60,066 from the Economic Development Fund. Supervisor Eddy asked if basic connection fees for the waterline should be included in the partnership agreement. Mr. Hodge advised the staff can amend the policy if necessary. · Supervisor Nickens stated he felt the policy allows interpretation and flexibility on this issue. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None July 10, 1990 536 ---------- -------. ~ Approval of Response ~o Senator Granqer MacFarlane regardinq the priorities for state and federal fundinq in the Roanoke Valley Supervisor Johnson advised that he was concerned about a recent letter from State Senator Granger MacFarlane who expressed concern about a list of projects in the Roanoke Valley that could be undercut by state and federal funding for Explore, and felt that the projects should be prioritized. Supervisor Johnson presented a draft response pointing out that many of these projects are not entitled to state and federal funds, and expressing continued Board of Supervisors support for the Explore project. . Supervisor Eddy expressed reservation about several of the projects and felt the Board should not antagonize Senator MacFarlane. He advised he did not support sending the letter. Supervisor Nickens stated his support for sending the letter and did not feel it would alienate the senator. He asked the County Administrator to report back to the Board in 30 days on possible County efforts to move the Explore Project forward. Supervisor Nickens moved to send the letter with a minor amendment suggested by Supervisor McGraw. The motion carried by the following recorded vote: AYES: Supervisors McGraw, JOhnsop, Nickens, Robers NAYS: Supervisor Eddy IN RE: FIRST READING OF ORDINANCES 53 7 < July 10, 1990 - = ~ Ordinance authorizinq the reconvevance of the former fire station site in the Roanoke-Botetourt Industrial Park to the Greater Roanoke Valley Development Foundation and the Roanoke Valley Development Corporation. . There was no discussion of this issue. Supervisor Johnson asked that a letter of thanks be sent to these organizations. Supervisor Johnson moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: SECOND READING OF ORDINANCES . ~ Ordinance to conditional Iv rezone approximately 1.25 acres from R-1 to B-2 to construct a convenience store with gas pumps. located on Hardy Road. approximate Iv 0.4 mile west of Feather Road. Vinton Magisterial District upon the request of Henrv J. Brabham IV. (CONTINUED FROM JUNE 26, 1990) 0-71090-5 Planning and Zoning Director Terry Harrington reported that the public hearing and staff report were presented on June 26, 1990. The Planning Commission recommended approval of the rezoning with conditions. Supervisor Eddy expressed concern about the negative . July 10, 1990 538 - staff report stating that commercial development should not be encouraged on Hardy Road at this time. Supervisor Nickens moved to approve the rezoning. The motion carried by the following recorded vote: AYES: Supervisors MCGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy ORDINANCE 71090-5 TO CHANQB THE ZONING CLASSIFICATION OF APPROXIMATELY 1.25 ACRES OF A 2.56-ACRE PARCEL OF REAL ESTATE LOCATED ON HARDY ROAD APPROXIMATELY 0.4 MILE WEST OF FEATHER ROAD (STATE ROUTE 654) (TAX MAP NO. 71.07-1-41) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R- 1 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF HENRY J. BRABHAM IV WHEREAS, the first reading of this ordinance was held on June 12, 1990, and the second reading and public hearing was held June 26, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 5. 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke . County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 1.25 acres of a 2.56-acre parcel of real estate, as described herein, and located on Hardy Road approximately 0.4 mile west of Feather Road (State Route 53 9 July 10, 1990 - 654), (Tax Map Number 71.07-1-41) in the vinton Magisterial District, is hereby changed from the zoning classification of R- 1, single Family Residential District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Henry J. Brabham IV. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a) The property shall only be used for a convenience store with gas service. . b) The petitioner will provide type D screening and buffering along the property boundaries with adjacent residential use. c) The concept plan dated May 22, 1990, is proffered. d) Hours of operation will be Sunday through Saturday, 6 a.m. to 11 p.m. 4. That said real estate is more fully described as follows: BEGINNING at an old iron pin on the northeasterly right-of-way of Virginia Secondary Route 634 (Hardy Road); thence N. 18 œg. 45' 26" E. for a distance of 300 feet to a point; thence S. 59 deg. 53' 26" E. for a distance of 153.16 feet to a point; thence S. 15 deg. 15' 12" W. for a distance of 325 feet to an old iron pipe; thence with a curve to the left following Virginia ~ '",",., July 10, 1990 540 - ~ Secondary Route 634, the chord of which is N. 53 deg. 27' 28" W. and which was an arc of 178.62 feet to the point of beginning and consisting of 1.143 acres. 5. That the effective dat~ of this ordinance shall be June 26, 1990 July 10, 1990. On motion of Supervisor Nickens to approve ordinance, and carried by the following recorded vote: AYES: Supervisors MCGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy IN RE: APPOINTMENTS A-71090-6 ~ Buildinq Code Board of Adiustments and Appeals Supervisor Johnson nominated Larry Lester to a four- year term as an alternate member. His term will expire July 25, 1994. ~ Cable TV Neqotiatinq Committee Supervisor Robers nominated Supervisor McGraw to serve on this committee. ~ League of Older Americans Board of Directors Supervisor McGraw nominated Murry White to fill the unexpired term of Matthew Banks. The term will expire March 31, 1991. The above nominations wer~ approved by unanimous voice 541 July 10., 1990 - - vote. Supervisor Eddy noted that there were several vacant alternate positions on the Community Corrections Resources Board and the Building Code Board of Adjustments and Appeals and asked the Clerk to the Board to investigate the need for these appointments and report back to the Board. . IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) Asked for an update on the possibility of a County Recycling Committee. Mr. Hodge recommended working through the Clean Valley Council on a regional basis. Supervisor Eddy still felt that a Recycling Advisory Committee would be helpful and moved to establish the committee in accordance with his memorandum of April. He withdrew his motion and asked for a report and recommendation from staff on July 24, 1990. supervisor McGraw asked that representatives from Clean Valley Council attend the meeting. (2) Asked for an update from the County Attorney regarding . dumping of animal waste and the Attorney General's opinion regarding penalties attached to late filing of Personal Property tax. Mr. Mahoney advised he will report back to the Board on July 24, 1990. SUPERVISOR MCGRAW: (1) Announced earlier in the meeting that a VACo Search Committee has been established to hire a new Executive Director, and that Mr. Hodge will serve on the committee and Roanoke county will handle the applications. (2) July 10, 1990 . 542 - He advised he will be attending the National Association of Counties Conference in Miami, representing both VACo and Roanoke County. SUPERVISOR JOHNSON: (1) Asked for a resolution of congratulations and support be prepared for the July 24, 1990 meeting, congratulating the Virginia Amateur Sports Foundation on their achievement and success at the recent state games. (2) Asked staff to initiate discussions with Botetourt County officials and Roanoke County and Botetourt County school boards regarding the possibility of a join~ school with Botetourt County. SUPERVISOR ROBERS: Reported that staff from VPI&SU has met with the Center for Innovative Technology to discuss what part they will play in development of the "Smart Highway". IN RE: CONSENT AGENDA Supervisor Robers moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 71090-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED 54 3 July 10, 1990 - AS ITEM K - 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 July 10, 1990 designated as Item K Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 as follows: 1. Approval of Minutes - June 12, 1990 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 Robers, and carried by the · following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ~ Mr. Gary Flora. 1811 Electric Road. spoke concerning drainage runoff from Hidden Valley Junior High School onto his property. He advised he had already discussed the problem with Homer Duff with the Schools, staff from Roanoke City and the County Attorney. · ~ Mrs. James Graham. 4805 Greenlee Road, also spoke July 10, 1990 54 4 - regarding property damage caused by runoff from Hidden Valley Junior High School. Following discussion of the problems, Chairman Robers directed the staff to investigate and report back to the Board on July 24, 1990. IN RE: REPORTS . Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: YES: NAYS: Supervisors Eddy, MCGraw, Johnson, Nickens, Robers None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund IN RE: WORK SESSION ~ 1991 Leqislative Pro~am - Virqinia Association of Counties Mr. Mahoney reported that he had received suggestions from Board members and staff regarding recommended legislative requests. Nine requests were received. He pointed out that these were state-wide issues to be sent to VACo, and additional local issues may be added at a later date. Supervisor McGraw suggested that the County support the Grayson Commission as VACo supports interlocal cooperation rather 54 5 · July 10, 1990 - - than the Intergovernmental Relations Task Force. There was a difference of opinion on support of some of the issues, including limiting review of local zoning decisions, limiting increases in real estate assessments, and salary increases for chairman and vice-chairman of Boards. Supervisor Nickens suggested focusing on one or two issues that are important to the Board. Supervisors Robers and Eddy felt that the other issues should also be addressed. Following discussion, there was Board consensus to limit to two or three major legislative requests to be forwarded · to VACO. Supervisor Eddy asked the County Attorney to bring back a list of other requests for discussion with local legislators. Mr. Mahoney advised he will bring back a report on July 24, 1990. IN RE: RECESS At 4:55 p.m., Chairman Robers declared a dinner recess. EVENING SESSION (7:25 P.M.) IN RE: RECONVENEMENT At 7:26 p.m., Chairman Robers reconvened the meeting. IN RE: SECOND READING OF ORDINANCES AND PUBLIC HEARINGS · 790-1 Public Hearing for the purpose of hearinq comments with respect to the amendments to the Consolidation Agreement and adoption of measures authorizinq the execution of the amended agreement. R-71090-8 July 10, 1990 546 - The following citizens spoke regarding the proposed consolidation agreement. . 1. Lee Blair, 7713 Old Mill Forest, representing the ====< County Alliance for Regional Excellence spoke in support of the proposed consolidation agreement. 2. Winton Shelor, 4348 Shelor Farm Lane, Salem, President of the Mason Cove Civic League urged the Board to continue to negotiate with the City of Salem to allow the citizens of Catawba a second vote to join Salem. 3. David Courey, 3419 Ashmeade Drive, spoke in opposition to the present plan. 4. Lela Spitz, 1971 Oak Drive, Salem, spoke in opposition, stating with the changes to the agreement the pro forma budget is not correct. . 5. Don Terp, 5140 Apple Tree Drive, spoke in opposition and advised that citizens are confused because of all the changes to the proposed agreement. Supervisor McGraw moved to approve the amendments to the agreement. Supervisor Johnson asked for a separate vote on each issue. Supervisor Nickens offered a substitute motion to adopt the original plan regarding school board composition. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Eddy, McGraw, Robers Supervisor McGraw moved to approved the amended school 547 July 10, 1990 - board composition. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens Supervisor Eddy moved to adopt the amended plan regarding fire and law enforcement s~rvices. Supervisor Nickens offered a substitute motion to approve the original agreement regarding governmental services. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Eddy, McGraw, Robers Supervisor Eddy's original motion carried by the following recorded vote: AYES: supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens Supervisor McGraw moved to expand the territory to be given a second vote to join the City of Salem. . Supervisor Nickens offered a substitute motion to approve the original plan regarding the territory given a second vote to join the City of Salem. The motion was defeated by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens supervisor McGraw's original motion carried by the following recorded vote: AYES: supervisors Eddy, McGraw, Johnson, Robers . . July 10, 1990 54 8 - NAYS: Supervisor Nickens Supervisor Eddy asked the County Attorney if the Board should vote on the entire prepared resolution to send to the circuit Court. Mr. Mahoney responded that the vote on each issue can be included under the appropriate section of the resolution and a vote to adopt and forward the resolution forward was not necessary. Supervisor Johnson advised he misunderstood the issue that was being voted on and thought that the previous vote was to . adopt the resolution to send forward to the Circuit Court and not a vote to expand the territory giving a second referendum. He moved to reconsider. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Supervisor McGraw moved to expand the territory allowed a second vote to join the City of Salem. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens . RESOLUTION 71090-8 AUTHORIZING THE EXECUTION OF AMENDMENTS TO THE CONSOLIDATION AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND THE CITY OF ROANOKE, DIRECTING THE FILING OF SAID AMENDMENTS AND OTHER PAPERS WITH THE CIRCUIT COURTS FOR THE CITY AND THE COUNTY, AND AUTHORIZING FURTHER PROCEEDINGS IN ACCORDANCE THEREWITH ------~~---~.__._-~~--- 549 July 10, 1990 - WHEREAS, by Resolution No. 22790-3 adopted February 27, 1990, this Board authorized the execution of a Consolidation Agreement between the city and the County; and WHEREAS, such Consolidation Agreement, dated February 28, 1990, was duly executed by the appropriate officials of the city and the County and filed with the Circuit Courts for the City and the county; and WHEREAS, the City and the County are now desirous of effecting certain Amendments to such Consolidation Agreement; and WHEREAS, after legal notice provided as required by section 15.1-1137, of the Code of Virginia, 1950, as amended, public hearings were held by the City Council for the City of Roanoke and the Board of supervisors for the County of Roanoke on July 9, 1990, and July 10, 1990, respectively, and all citizens desiring to speak on the amendments to the consolidation agreement and the adoption of this resolution have been provided an opportunity to do so, and; WHEREAS, it has been recommended to the Board of Supervisors that such Amendments to the Consolidation Agreement be accepted by the Board, executed on behalf of the County and filed with the Circuit Courts for the City and the County. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: . 1. That the Chairman is hereby authorized, for and on behalf of the County to execute and the Clerk to the Board to July 10, 1990 550 -- attest, Amendments to the Consolidation Agreement between the City and the County, dated July 11, 1990., a copy of which is on file in the Office of the Clerk to the Board. 2. That all amendments and other legal documents authorized by this resolution shall be approved as to form by the . County Attorney. 3. That the County Attorney shall be authorized to file, for and on behalf of the County, any petitions, pleadings, applications, certificates and other legal papers with Federal and state courts and administrative agencies as are deemed necessary and proper by him to permit the question of consolidation to be considered at referendum on November 6, 1990. 4. That the Clerk to the Board is directed to forward an attested copy of this resolution to the Clerk of the Council of the City of Roanoke, the Clerk of the vinton Town Council, the Clerk of the City of Salem Council, and the Judges of the Circuit . Courts for the City and the County. Supervisor Johnson requested that the issues be separated. 1) Section 12 Education. Expand the composition of school board by the addition of two members. On motion of Supervisor McGraw to approve amended school board composition, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers Supervisors Johnson, Nickens NAYS: . . 55 1 July 10, 1990 - 2) Section 19 Desiqnation of Additional or More Complete Governmental Services to be Provided within Urban Service Districts. Delete the following language: "(1) Additional law enforcement services; (2) Additional fire fighting equipment and services;". On motion of Supervisor Eddy to adopt amended plan regarding fire and law enforcement services, and carried by the following recorded vote: . AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens 3) Section 14. Citv of Salem: Glenvar. Revise Exhibit "E" which is incorporated by reference into this section to expand the territory for the second referendum. On motion of Supervisor McGraw to expand territory allowed to join City of Salem, and carried by the following recordeù vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens . 790-2 Public Hearinq and Second Readinq of Ordinance requestinq vacation of an existinq 20 foot waterline easement located on Lots 9 and 10, Block 1, Section 8, LaBellvue Subdivision, Hollins Maqisterial District. 0-71090-9 There was no discussion of this item. July 10, 1990 552 ==i Supervisor Johnson moved to adopt the ordinance. The . motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 71090-9 VACATING A 20-FOOT WATERLINE EASEMENT LOCATED ON LOTS 9 AND 10, BLOCK 1, SECTION 8, LaBELLVUE SUBDIVISION, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Paul T. Hatam has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 20-foot waterline easement located on Lots 9 and 10, Block 1, Section 8, LaBellvue Subdivision in the Hollins Magisterial District as shown in Plat Book 9, at page 260 o~ record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 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 Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on June 26, 1990; and the second reading of this ordinance was held on July 10, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 20-foot waterline easement located on Lots 9 . and 10, Block 1, Section 8, LaBellvue Subdivision in the Hollins Magisterial District of record in Plat Book 9, at page 260, in 553 July 10, 1990 - ~ the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1- 482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition to the adoption of this or- dinance a new 20-foot waterline easement located on Lots 10 and 11, Block 1, Section 8, LaBellvue Subdivision be dedicated to Roanoke County and recorded in the aforesaid Clerk's Office. 3. That this ordinance shall be in full force and effect thirty ( 30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Paul T. Hatam shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: ADJOURNMENT At 8:15 p.m., Supervisor Johnson moved to adjourn. The motion carried by the following voice vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None /ÍJf vJ¿~ ~lw. Robers, Chairman ·