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HomeMy WebLinkAbout7/10/1990 - Regular July 24, 1990 r,' 1) J, 4 - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 July 24, 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 second regularly scheduled meeting of the month of July, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard W. Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: John R. Hubbard, Assistant County Administrator for Community Services and Development; John M. Chambliss, Assistant County Administrator for Human Services; Diane D. Hyatt, Director, Finance; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; Anne Marie Green, Information 55 5 ;¡; July 24, 1990 - - Officer; Brenda J. Holton, Deputy Clerk IN RE: OPENING CEREMONIES The invocation was given by the Reverend Arthur E. Grant, Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Apnreciation to Virqinia Amateur Snorts. Inc. and CorEast savings Bank for brinqinq the 1990 Virqinia State Games to the Roanoke Vallev. R-72490-1 Mr. Douglas Fonder, Executive Director for Virginia Amateur Sports, Inc., and Mr. Andy Shumate, Regional Executive, CorEast Savings Bank, were present to receive the resolution. 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 72490-1 OF APPRECIATION TO VIRGINIA AMATEUR SPORTS, INC. AND COREAST SAVINGS BANK FOR BRINGING THE 1990 VIRGINIA STATE GAMES TO THE ROANOKE VALLEY WHEREAS, Virginia Amateur Sports, Inc., planned, promoted and presented the 1990 Virginia state Games, providing an opportunity July 24, 1990 556 ;11 ------,---- - - to athletes from allover the Commonwealth to participate in the various events; and WHEREAS, thousands of people visited the Roanoke Valley during the three days of the Games, providing an economic benefit to area businesses; and WHEREAS, CorEast Savings Bank sponsored the 1990 Virginia State Games, providing funding and support to Virginia Amateur Sports, Inc.; and WHEREAS, the 1990 Virginia State Games were a tremendous success and an event of which the Roanoke Valley can be proud. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors hereby expresses its appreciation, and the appreciation of its citizens to VIRGINIA AMATEUR SPORTS, INC., and to COREAST SAVINGS BANK for bringing the 1990 Virginia State Games to the Roanoke Valley; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its sincere wishes for the continued success of the Games in the Roanoke Valley. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Recoqnition of Diane Hvatt. Director. Finance. for winninq National Association of Counties Information Officers Award for Excellence for the Comnrehensive 557 July 24, 1990 Annual Financial Renort. - Director of Finance Diane Hyatt was present to be recognized for the award. IN RE: NEW BUSINESS ~ Yearlv renort from the Roanoke Countv Health Denartment. Chairman Robers announced that Dr. Margaret L. Hagan, Director, Alleghany Health District, had to cancel this yearly report due to a conflict in her schedule. ~ Annroval of Resolution requestinq Virqinia Association of Counties to consider certain issues of statewide siqnificance for adontion in its 1991 Leqislative Program. R-72490-2 County Attorney Paul Mahoney advised that based upon board decisions made at the work session on July 10, 1990, there were three issues suggested for adoption and submission to the Virginia Association of Counties 1991 Legislative Program. These were (a) support the findings, conclusions and recommendations of the Grayson Commission (b) support additional state funding for human services needs, including Medicaid reimbursement and funding for mandated July 24, 1990 558 - programs, admlnlstrat1ve costs and equipment costs; and (c) support the enactment of legislation granting equal borrowing and taxation powers for cities and counties. Supervisor McGraw suggested that at some point in the process an addition to Item (c) should be made because of the possibility of the state giving the deficit back to localities. Supervisor Eddy inquired when consideration would be given to 1991 legislative items for local legislators. Mr. Mahoney advised that the local legislators would be invited to a special meeting in October or November at which time local legislative requests would be presented. 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 72490-2 REQUESTING THE VIRGINIA ASSOCIATION OF COUNTIES TO CONSIDER CERTAIN ISSUES OF STATEWIDE SIGNIFICANCE FOR ADOPTION IN ITS 1991 LEGISLATIVE PROGRAM WHEREAS, the Virginia Association of Counties annually adopts a legislative program for submission to the General Assembly for the Commonwealth of Virginia; and, WHEREAS, the Virginia Association of Counties has requested its membership to submit to it issues of statewide significance for consideration and adoption in its 1991 legislative program; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, 559 July 24, 1990 has considered and debated a variety of issues of statewide significance for consideration by the membership of the Association. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the following issues of statewide significance are hereby submitted to the Virginia Association of Counties for the consideration of its membership for adoption in the 1991 legislative program: - a) Support the findings, conclusions and recommendations of the Grayson Commission; b) Support additional State funding for human services needs, including Medicaid reimbursement and funding for mandated programs, administrative costs and equipment costs; and c) Support the enactment of legislation granting equal borrowing and taxation powers for cities and counties. 2) That the Clerk is hereby requested to mail a certified copy of this resolution to the Virginia Association of Counties. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Claim of Kenneth L. Wriqht and Mary Y. wright for nunitive damages in relation to drainaqe maintenance nroiect in Penn Forest Subdivision. July 24, 1990 56 0 J~ - A-72490-3 - County Attorney Paul Mahoney advised that at the June 26, 1990, board meeting, a claim was denied from Mr. and Mrs. Wright for the County to restore the drainage channel on the Wrights' property to the condition it was prior to the alternations. The present claim involves the same facts and circumstances and the Wrights are requesting an award of punitive damages for "aggravated trespass". Mr. Mahoney further advised that a finding of compensatory damage is necessary for an award of punitive damages. It is anticipated that the Wrights will pursue their claim in the Circuit Court. Mr. Mahoney recommended this claim be denied. Supervisor Nickens moved that the claim be denied. The motion carried by the following recorded vote: AYES: Supervisors Eddy, MCGraw, Johnson, Nickens, Robers NAYS: None ~ Request for authorization for narticination in the FEMA Communitv Ratinq Svstem. A-72490-4 County Engineering Director Phillip Henry advised that the Federal Emergency Management Agency (FEMA) recently initiated a Community Rating System (CRS) program to reward and recognize Community Programs which reduce the impact and frequency of flooding. CRS is similar to an insurance rating which allows a reduction in 56 1 ., July 24, 1990 - - premiums to people living in communities completing more than the minimum requirements. He further stated that based on information from FEMA, there are 259 property owners in Roanoke County who have flood insurance. The CRS Program would have ten different classification and each change in class representing a 5% reduction in premium. Roanoke County is currently providing activities that qualify for reductions in flood insurance premiums and could provide up to a 10% reduction. There are additional activities that could provide more reductions in class and these will be presented to the Board for their consideration, cost evaluation and possible approval on a yearly basis. In response to supervisor Eddy's question about how many property owners in the valley should have flood insurance, Mr. Henry advised that there are no statistics. Also, since this is a new program starting in 1991, there are no statistics on how successful it has been. Supervisor Nickens suggested that information about CRS be included in Roanoke County Todav, aSking for citizen feedback. Supervisor Nickens moved to proceed with the application. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Eddy asked if a work session with the Planning July 24, 1990 562 --------- Comm1ss10n had been scheduled. Assistant County Administrator John Hubbard advised that staff has one date acceptable to Planning Commission members and is obtaining additional dates from the Planning Commission. IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the public hearings for August 28, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1. An ordinance modifying an existing Planned Unit Development plan on a 2 acre tract generally located within the Stonehenge PUD, south of Kelly Lane in the Cave Spring Magisterial District. This request is to permit the construction of a 16 unit, single building condominium, upon the request of J. Allison Associates. 2. An ordinance modifying the proffered conditions on a 24.94 acre tract to increase the size (number of bedrooms) of a portion of the 264 apartment units previously approved; located on the west side of Colonial Avenue, near the intersection of Ogden Road in the Cave Spring Magisterial District, upon the request of Occidental Development Ltd. 3. An ordinance modifying the proffered conditions on approximately .25 acres to allow the use of the property for a take-out restaurant and food service, with the existing office and video store, located at 5314 Fallowater Drive in the Cave Spring Magisterial District, upon the request of John Lee Davenport. 4. An ordinance rezoning two parcels containing a total of 563 July 24, 1990 -- approximately 1.78 acres from R-1 to B-1 for office uses, located on the west side of Starkey Road north of its intersection with Buck Mountain Road in the Cave Spring Magisterial District, upon the request of Thomas Scarce. = 5. An ordinance rezoning approximately .028 acres from B- 2 to M-1 to expand an existing grocery to include the sale of tires and related services, located at the southern intersection of State Route 904 (Starkey Road) and 632 (Crescent Blvd.), in the Cave Spring Magisterial District, upon the request of Norman T. Wright. 6. An ordinance to modify the proffered conditions on a 2.25 acre parcel to permit the construction and operation of a retail drive-thru window, located at 4515 Brambleton Avenue in the Windsor Hills Magisterial District, upon the request of Springwood Associates. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizina the convevance of surplus real estate and the acquisition of real estate and right- of-wav for the Fort Lewis E-911 tower site. 0-72490-5 County Attorney Mahoney advised that an emergency situation exists because of delays in the project and requested that the second reading of the ordinance be waived and the ordinance adopted so that the project can go forward. Director of Real Estate Assessment, John Willey, was present to answer questions concerning the staff report. He advised that this will finish the tower siting for the secondary 9-1-1 System. There was no discussion of this item. Supervisor Nickens moved to waive the second reading and July 24, 1990 ~R! v~~ ---------' adopt the ord1nance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 72490-5 AUTHORIZING THE CONVEYANCE OF SURPLUS REAL ESTATE AND THE ACQUISITION OF REAL ESTATE AND A RIGHT OF WAY FOR THE FORT LEWIS E-911 TOWER SITE WHEREAS, the first reading of this ordinance was held on July 24, 1990; and the second reading of this ordinance was waived pursuant to the provisions of Section 18.04 of the Roanoke County Charter, in that an emergency is deemed to exist; and, WHEREAS, pursuant to the provisions of Section 16.01 of the Roanoke County Charter, certain real estate has been deemed to be surplus in relation to the use for which it was originally acquired, and is hereby made available for disposition. THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1) That the conveyance of that certain tract of real estate (Tax Map No. 43.00-1-43) containing approximately 5.25 acres of real estate, previously a well lot, and designated as Lots 1 through 7 and 7A of Talking Leaves Park (as shown in Plat Book 3, Page 200 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia) to David W. Shelor and Constance R. Shelor is hereby authorized and approved. 2) That the acquisition of a metal reservoir well lot (approximately 100'x 100') from David W. Shelor and Constance R. ~.,~ ~.' ",!:.I o..J July 24, 1990 - Shelor, on land of Shelor on the southern slope of Fort Lewis Mountain t== is hereby authorized and approved. 3) That the acquisition of a right-of-way and easement from David W. Shelor and Constance R. Shelor, being the same as previously granted to the Commonwealth of Virginia, Department of state Police (as shown in Deed Book 1233, Page 174 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia) for a period of five (5) years, with an additional term, is hereby authorized and approved. 4) That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these conveyances, all of which shall be on form approved by the County Attorney. 5) That in order to provide for the immediate construction of a radio tower for the Roanoke County E-911 radio system an emergency is deemed to exist, that the second reading of this ordinance is hereby waived, and that this ordinance shall be in full force and effect upon its passage. On motion of Supervisor Nickens to waive second reading and adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance imnosinq or increasinq user fees for the Parks and Recreation Denartment. July 24, 1990 56?> o - Assistant County Administrator John Chambliss advised that at the May 22, 1990, first reading of this ordinance, there were concerns raised about protecting the youth activities and rather than trying to recover the full user fees from youth participants, it was suggested that a five dollar registration fee per participant be considered. Since the first reading, two meeting been held with representatives from the Recreation Clubs and two meeting were held with a sub-committee composed of one representative from each geographic region of the County. He advised that imposing fees for youth participation in activities was not desired by the recreation clubs but in lieu of the five dollars per participant registration fee, a compromise was suggested to allow the recreation clubs to provide the equipment, including the game balls, and also to drag and mark the ball fields (Baseball, softball, football and soccer), including providing the lime dust or paint for subsequent marking. This effort should generate a cost savings of $30,650 annually to the Parks & Recreation Budget. The fees for youth athletics were originally projected at $32,075. Mr. Chambliss advised that there was an amendment to paragraph "c" of the ordinance by inserting "clubs and department of Parks and Recreation shall implement cost savings and cost sharing alternatives to offset the fees which would have been generated through the suggested user fees ($30,650 in the 1990-91 Budget)". He 56"7 July 24, 1990 - t::xplC1.1.ut::d lhctl lids provlslon would allow cons1derat10n tor the - particular sport or the particular geographic location. Mr. Chambliss recommended adopting the revised ordinance with the amended paragraph "c" and amending the budget by reducing $30,650 from the revenue and expenditures of the General Fund in lieu of adopting any fee for youth athletics. Mr. Chambliss advised that the five dollar per registration fee was the original recommendation of the Parks & Recreation Commission and the Commission would support ways and means of sharing the cost with the Recreation Clubs. In response to Dr. Nickens' questions, Mr. Chambliss advised that the current practice is to charge youth participants the five dollar per team registration fee for football and soccer but not for baseball and softball. Mr. Chambliss responded to Supervisor Johnson's inquiry that the $32,000 represents about 8% of overall cost of providing youth athletics. Supervisor Eddy stated he was concerned about the effect on other programs such as Girl Scouts. Steve Carpenter, Director, Parks & Recreation, advised that user fees would increase for non-athletic programs such as dance, drama, arts and crafts, outdoor adventure, leisure arts, and community education. He advised Supervisor Eddy that the majority of community education programs are for youths, while leisure arts had 25% to 28% youth participation, and outdoor drama about 30%. Supervisor Johnson pointed out his primary concern was that July 24, 1990 ~ R ",' "" '''¡ I,,;'} -' =< no youth 'Would be eliminated frOlu þC1L Llçipcttlon because of flnanc1al consideration and Mr. Chambliss assured him that provisions for this are contained in the ordinance. Supervisor McGraw asked Steve Carpenter about the inequity in the way the program is administered by taking the $32,000 from the unappropriated balance fund instead of from the users of youth athletic programs. Mr. Carpenter stated his belief that if additional fees are going to be levied through user fees for programs, there should be a general equity placement throughout all of the various program divisions. He would recommend a fee policy that could be broadly administered throughout the entire youth section as well as other recreation sections in the County. Mr. Carpenter advised that he supported the compromise whereby the County would receive value from volunteer work provided on behalf of the park maintenance division which would free up the park division to do other work but felt this system could not be used in the other program sections. Supervisor McGraw expressed concern about eliminating participation in various programs because of fee structure. Supervisor Nickens suggested that there should be a program of financial aid for youth participation similar to the reduced lunch program in schools. Mr. Chambliss advised that there is no uniform opinion among the recreation clubs about the compromise proposal. Some of the clubs are already marking the ballfields and some of the clubs indicated 569 July 24, 1990 that they have difficulty getting volunteers to help mark the fields as well as coach the teams. (1) Sam Robinson, 4024 Ridge Drive, from Mason Cove Recreation Club, was opposed to the user fee and pointed out many others use the fields; difficult to get volunteers; and feels this is taxpayers expense for youths. (2) Fred Corbett, 5511 Stearnes Avenue, Cave Spring National Little League, was opposed to the fees and both proposals but willing to work out some compromise; concerned about participants in other activities if the recreation clubs maintain the fields; feels county should appropriate money from taxpayers and increase money to parks & recreation budget. Supervisor Nickens pointed out that the County has appropriated additional funds for maintenance of the fields and equipment. = Supervisor McGraw advised Supervisor Nickens that the concern for the parks and recreation budget was from a letter sent out from staff implying a reduction in services if the fee is not increased. Supervisor Johnson stated that the board is committed in regard to youth activities and all types of family recreation. In response to Supervisor Johnson, Mr. Carpenter advised that during the last five years the acreage maintained by the county has increased 85% and including Green Hill Park, probably 100%. (3) Barbara Duerk, 2607 Rosalind Avenue, volunteer with Virginia Skyline Girl Scout Council, was opposed to the fee because it would jeopardize and eliminate participation in Parks & Recreation - July 24, 1990 570 OUtUUUL PLüYLC1m¡ dld not feel scholarsh1ps to program would be effective; rate increase should be applied equally to all segments of the populations affected. (4) Jerry Higginbothan, 7215 Hollyberry Road, felt that even though park acreage has increased 70%, need to look at County for usable fields and not acreage; Cave Spring area has had only one field in last ten years. (5) Vince Joyce, 6039 Marsh Wren Lane, Vice Chairman, Parks & Recreation Advisory Commission, stated that the establishment of increased fees to help offset costs is fully endorsed by the Parks & Recreation Advisory Commission; they endorse the alternative compromise of recreation club maintenance in lieu of increased fees; they feel the new fee policy should not exclude youth athletics. Following further discussion, Supervisor Nickens moved the staff recommendation of adopting the revised ordinance with the modification in Paragraph "c", page 3, and amending the budget by $30,650. Supervisor Eddy offered a substitute motion to delay the second reading until the August 14, 1990 meeting for staff to bring back a report concerning the percentage of youth participation in other categories, including alternatives and evaluation of differential fees between youths and adults, with dollar costs. AYES: Supervisors Eddy, Johnson, Robers NAYS: Supervisors McGraw, Nickens 571 July 24, 1990 ~ Ordinance authorizinQ the reconvevance of the former joint fire station site in the Roanoke-Botetourt Industrial Park to the Greater Roanoke Valley - Development Foundation and the Roanoke Vallev Develonment cOrDoration. 0-72490-6 There was no discussion of this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Supervisor Johnson directed that a letter of appreciation for the donation of the site for the joint fire station be sent to Greater Roanoke Valley Development Foundation and Roanoke Valley Development Corporation. ORDINANCE 72490-6 AUTHORIZING RECONVEYANCE OF THE FORMER FIRE STATION SITE IN THE ROANOKE-BOTETOURT INDUSTRIAL PARK TO GREATER ROANOKE VALLEY DEVELOPMENT FOUNDATION AND ROANOKE VALLEY DEVELOPMENT CORPORATION WHEREAS, a certain parcel of real estate located in Botetourt County, Virginia, was deeded to the Board of Supervisors of Roanoke County, Virginia, and the Board of Supervisors of Botetourt County, Virginia, for the specified purpose of constructing a fire station; and, WHEREAS, the donation of said parcel to the Counties was subject to the condition that the property would revert to the Grantors in the July 24, 1990 5'7' ~ ---------- t::vent that the ~OUnt1es had not appropriated funds for and had not begun construction of a fire station on the parcel within five years, namely by November 24, 1991; and, WHEREAS, the Counties have reached an agreement to construct the joint fire station on a different parcel of land and the subject parcel will not be used for the specified purpose. 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 July 10, 1990; and a second reading was held on July 24, 1990; and, 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the remaining rights in the subject parcel of real estate are hereby declared to be surplus and the condition applicable to the property renders it unacceptable and unavailable for other public uses; and, 3. That reconveyance of the subject parcel, described as Parcel B, consisting of 2.183 acres, located to the north of Route 460 in the Roanoke-Botetourt Industrial Park, in the Bonsack area of the Blue Ridge District, County of Botetourt, Virginia, to the Greater Roanoke Valley Development Foundation and the Roanoke Valley Development Corporation, is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to 57 3 July 24, 1990 - accomplish th1s conveyance, all of which shall be on form approved by - the County Attorney. 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: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: He received board concurrence for County Attorney and Zoning Director to evaluate noise and zoning ordinances in view of recent loud neighborhood party. SUPERVISOR MCGRAW: He reported on his attendance representing Roanoke County and VACo at NACo Conference in Florida. SUPERVISOR JOHNSON: He requested that Keith Cook study and evaluate the contract for Deferred compensation Program for competitive rates. SUPERVISOR NICKENS: (1) He requested that the County Administrator, together with Dr. Bayes Wilson, Superintendent, Roanoke County Schools, bring back to the August 14, 1990 meeting a contingency plan should there be a reduction in aid to localities from the Governor. (2) He requested that the County reimburse the recreation clubs that purchased the liability insurance to operate ~ - 4 oJ I July 24, 1990 - vend1ng. (3) He expressed appreciation that agenda packet was received one day earlier than usual. IN RE: APPOINTMENTS ~ Board of Zonina An~eals ~ Buildina Code Board of Adiustments and Anneals ~ communitv Corrections Resource Board ~ Landfill Citizens Advisorv Committee A-72490-7 ~ Southwest Virainia Health Svstems Aaency Supervisor Eddy moved to nominate and submit Richard W. Robers as nominee from Roanoke County for selection to the South Virginia Health Systems Agency Board of Directors. AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CONSENT AGENDA ALL MATTERS LISTED ONDER THE CONSENT AGENDA ARE CONSIDERED 575 July 24, 1990 - ~ BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORK OR FORKS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-72490-8 Supervisor Johnson moved to approve the consent resolution with minor corrections to maps on Items 3, 4, 5, and 6. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 72490-8 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 July 24, 1990, 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 8 as follows: 1. Approval of Raffle Permit - The Knights Booster Club at Cave Spring High School. 2. Acknowledgement from the Virginia Department of Transportation of the acceptance of 0.45 mile of Cedar Edge Road (Route 2035) into the Secondary System. 3. Resolution requesting changes in Secondary System due to relocation and reconstruction of Sugarloaf Mountain Road (Route 692). 4. Resolution requesting changes in Secondary System due to relocation and reconstruction of Roselawn Road (Route 689). 576 July 24, 1990 ==: 5. Resolution requesting changes in Secondary System due to relocation and reconstruction of Brookridge Road (Route 660). 6. Resolution requesting changes in Secondary System due to relocation and reconstruction of Tinsley Lane (Route 711) . 7. Authorization to settle pending litigation with Fabricated Metals, Inc. for outstanding utility bills. 8. Resolution supporting Total Action Against Poverty's application for grant from the Virginia Indoor Plumbing Program 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt resolution with minor corrections to maps on Items 3, 4, 5, and 6, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 72490-a.c REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF SUGARLOAF MOUNTAIN ROAD (ROUTE 692) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of a portion Sugarloaf Mountain Road (Route 692) which was relocated and reconstructed under s;;"... "7 ;.;ll July 24, 1990 VDOT Project 0692-080-199,M-502; 2. That it appears to the Board of Supervisors that portions of ~ Secondary Route 692, from north of the intersection with Route 689 to a point north of Smokey Ridge Road for a combined distance of 0.14 miles has been altered; a new road has been constructed and approved by the state Transportation Commissioner, which new road serves the same citizens as the road so altered; and these changes are shown on the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION ON ROUTE 692, PROJECT 0692-080-199,M- 502, DATED IN RICHMOND, VIRGINIA, ON NOVEMBER 2, 1987"; 3. That the portion of Secondary Route 692, i.e., Section #3 for a distance of 0.09 miles, and Section #4 for a distance of 0.05 miles, are hereby added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended. 4. That the Commonwealth Transportation Board take necessary action to discontinue the sections of old location, i.e., Section #1 and #2 for a total distance of 0.10 mile as part of the Secondary System of State highways pursuant to Section 33-76.7 of the Code of Virginia, as amended. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None July 24, 1990 578 - RESOLUTION 72490-8.d REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF ROSELAWN ROAD (ROUTE 689) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of a portion of Roselawn Road (Route 689) which was relocated and reconstructed under VDOT Project 0689-080-192; 2. That it appears to the Board of Supervisors that Secondary Route 689 from the intersection of Route 1537 eastward to 0.539 miles east of Route 1537, for a distance of 0.539 miles has been altered; new roads have been constructed and approved by the State Transportation Commission, which new roads serve the same citizens as the roads so altered; and these changes are shown on the attached sketch titled .. CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION ON ROUTE 689, PROJECT 0689-080-192,C-501, DATED AT RICHMOND, VIRGINIA, SEPTEMBER 26, 1986". 3. That the portions of Secondary Route 689, i.e., Sections 7, 8, 9, 10 and 11, for a total distance of 0.23 miles; and that portions of Secondary Route 690, i.e., Sections 12 and 13 for a total distance of 0.10 miles be, and are hereby added to the Secondary System of State Highways pursuant to Section 33.1-229 of the Code of Virginia, as amended; 4. That sections of old locations of Route 689, i.e., Sections #1, 2, 3 and 5 for a total distance of 0.21 miles, and a Section of 579 July 24, 1990 old location of Route 690, i.e., Section #6 for a distance of 0.09 - miles be, and are hereby abandoned as public roads, pursuant to Section 33.1-155 of the Code of Virginia, as amended; 5. That the State Highway Commission be requested to take necessary action to discontinue the section of old location of Route 689, i.e., Section 14, a total distance of 0.14 miles, as part of the Secondary System of State Highways as provided in Section 33-76.7 of the Code of Virginia of 1950, as amended. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 72490-8.e REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF BROOKRIDGE ROAD (ROUTE 660) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of a portion of Brookridge Road (Route 660) which was relocated and reconstructed under VDOT Project 0660-080-173,M-502; 2. That it appears to the Board of Supervisors that portions of Secondary Route 660 from 0.60 miles north of the south intersection with Route 617 to a point 0.72 miles northwest of the south intersection of Route 617 for a total distance of 0.12 miles has been July 24, 1990 5' R If)', ~'I ''i,¡,; - altered; a new road has been constructed and approved by the state Transportation Commissioner, which new road serves the same citizens as the road so altered; and these changes are shown on the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF ROUTE 660, PROJECT 0660-080-173-M-502, DATED IN RICHMOND, VIRGINIA, ON JULY 6, 1988"; 3. That the portion of Secondary Route 660, i.e., Section #2 for a distance of 0.118 miles be, and is hereby added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended; 4. That the section of old location, i.e., Section #1 for a distance of 0.04 miles, is hereby abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 72490-a.f REQUESTING CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF TINSLEY LANE (ROUTE 711) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of a portion of Tinsley Lane (Route 711) which was relocated and reconstructed under VDOT " 58 ''¡ July 24, 1990 - - Project 0221-080-106,C-501; 2. That it appears to the Board of Supervisors that Secondary Route 711, from the intersection of Route 221 northwestward to 0.07 miles west of Route 221, a distance of 0.07 miles, has been altered; a new road has been constructed and approved by the State Transportation Commissioner, which new road serves the same citizens as the road so altered; and these changes are shown on the attached sketch title "CHANGES IN PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF ROUTE 221, PROJECT 0221,080-106,PE-101,RW-201,C- 501, DATED AT RICHMOND, VIRGINIA, ON MARCH 26, 1986"; 3. That the portion of Secondary Route 711, i.e., section #2, for a distance of 0.07 miles be, and is hereby added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended; 4. That the section of old location, i.e., Section #1, for a total distance of 0.07 miles be, and is hereby abandoned as a public road, pursuant to section 33.1-155 of the Code of Virginia, as amended. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 72490-8.h SUPPORTING TOTAL ACTION AGAINST POVERTY'S APPLICATION FOR A GRANT FROM THE VIRGINIA INDOOR PLUMBING PROGRAM July 24, 1990 ""'" ri' S ~ t.. - WHEREAS, Governor L. Douglas Wilder and the 1990 General Assembly approved funding for the Indoor Plumbing Program to provide - grants and loans for the improvement of plumbing facilities for lower- income Virginians; and WHEREAS, the goal of the Indoor Plumbing Program is to assist lower-income families and individuals in obtaining safe and decent sanitary facilities within their houses; and WHEREAS, Total Action Against Poverty's Housing and Emergency Rehab Program wishes to apply for a $250,000 grant to complete twenty-seven (27) indoor plumbing units, at a cost of approximately $8,333 per unit, plus energy improvements and water/sewage connections; and WHEREAS, these twenty-seven (27) units will be built in the Counties of Roanoke, Craig, Rockbridge, Alleghany, Botetourt and the area around the City of Salem. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, strongly endorses the proposed improvement of plumbing facilities for lower-income Virginians; and FURTHER, the Board of Supervisors of Roanoke County, Virginia, support Total Action Against Poverty's application for a grant from the Virginia Indoor Plumbing Program to construct these facilities. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~y ~,'d~ J JV July 24, 1990 - IN RE: REPORTS reports. Supervisor Johnson moved to received and file the following Supervisor Eddy made a substitute motion to receive and file Reports 1, 2, and 3, and requested that the County Attorney discuss Reports 4, 5, and 6. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Canital Fund Unannronriated Balance ~ General Fund unapnropriated Balance ~ Board continaencv Fund ~ Renort on Hidden Va1lev drainaae comnlaint - Mrs. Graham/Mr. Flora Paul Mahoney advised that Mr. Homer Duff, Director, Roanoke County Schools Facilities and Operations, advised Mrs. Graham that the School Board had approved modifications to the drainage system at Hidden Valley. Several alternatives to resolve the problem were suggested and explored by the Engineering Department. Mr. Mahoney did not feel that the alternative suggested by the School Board would be acceptable to Mrs. Graham. Mr. Mahoney recommended that this situation should be resolved by the School Board and any claims submitted to them. The County has no legal interest in this process and would not be July 24, 1990 ~R4 ~- - ---------- responsible for any claims or liability. Supervisor Nickens moved to refer this matter to the School Board and inform Mrs. Graham and Mr. Flora. AYES: Supervisor Eddy, McGraw, Nickens, Robers NAYS: None ABSENT: Supervisor Johnson ~ Renort on Disnosal of Animal Waste (TO BE PROVIDED BY COUNTY ATTORNEY) Supervisor Eddy advised that Mr. Mahoney prepared this report as the result of a citizen complaint submitted to him. After discussion, Supervisor Eddy requested that the County Attorney and County Administrator write a letter to the owner of Seaboard Farms with the strong suggestion for them to follow directives issued in the past. It was the consensus of the Board that the County Attorney also proceed with writing a letter to the State Water Control Board to encourage their proceeding with enforcement activities. Supervisor Eddy requested that the Economic Development Director be consulted in the preparation of these letters. ~ Renort on Penal tv for Late Filinq of Personal Property Tax (TO BE PROVIDED BY COUNTY ATTORNEY) 585 July 24, 1990 -. Supervisor Eddy asked the County Attorney to summarize and = comment on the board report. Supervisor Nickens moved to go into Executive Session for discussion of this matter pursuant to Section 2.1-344 (a) (7) to consider a legal matter or pending litigation. Supervisor McGraw made a substitute motion that if the board wanted to discuss this report further, the only way to discuss it would be in Executive Session. The motion was carried by the following recorded vote: AYES: Supervisor McGraw, Nickens, Robers NAYS: Supervisor Eddy ABSENT: Supervisors Johnson IN RE: EXECUTIVE SESSION At 4:55 p.m., Supervisor Nickens moved to go into Executive Session for discussion according to Section 2.1-344 (a) (7) to consider a legal matter or pending litigation. The motion carried by the following recorded vote: AYES: Supervisor Eddy, Nickens, Robers NAYS: Supervisor McGraw ABSENT: Supervisor Johnson r IN RE: CERTIFICATION OF EXECUTIVE SESSION At 5:15 p.m., Supervisor Nickens moved to return to Open July 24, 1990 586 - sess10n and adopt a resolution certifying the Executive Session. The . motion carried by the following recorded vote: AYES: Supervisor Eddy, Nickens, McGraw, Robers NAYS: None ABSENT: Supervisor Johnson RESOLUTION 72490-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 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 Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Nickens, Robers 5 e 7 July 24, 1990 - NAYS: None F= ABSENT: Supervisor Johnson IN RE: ADJOURNMENT At 5:17 p.m., Supervisor Nickens moved to adjourn. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Nickens, Robers NAYS: None ABSENT: Supervisor Johnson ~bers. Chairman