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HomeMy WebLinkAbout5/9/1989 - Regular May 9, 1989 773 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 .May 9, 1989. . . '.\" ~~"; 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 May, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Harry C. Nickens (arrived at 3:07 p.m.) MEMBERS ABSENT: Supervisor Steven A. McGraw 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 M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Cl erk; Anne Mar ie Fedder, Information Officer r- 77'* Mav 9, 1989 - IN RE: OPENING CEREMONIES The invocation was given by the Reverend Mark Graham, st. John's Lutheran Church. The Pledge of Allegiance was recited by all present. IN RE REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Garrett requested that Item 3, Approval of Parks and Recreation plans for the Glenvar area be continued to May 23, 1989. Supervisor Robers requested that Item 7, on the Consent Agenda be removed for discussion. IN RE PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recoqnition of Roanoke County students participating in Student Government Day. Student Government Day had been held earlier during the day and the students who participated were recognized. 2. Resolution of Appreciation upon the retirement of Letcher K. Morris R-5989-1 May 9, 1989 775 Supervisor Garrett moved to adopt the resolution. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw RESOLUTION 5989-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LETCHER K. MORRIS FOR 14 YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Letcher K. Morris was first employed on December 15, 1975, as a Social Worker in the Social Services Department; and WHEREAS, Letcher K. Morris has also served as Senior Social Worker since November, 1982. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LETCHER K. MORRIS for 14 years years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. 776. May 9, 1989 - - On motion of Supervisor Garrett, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Garrett, Nickens NAYS: None ABSENT: Supervisor McGraw 3. Resolution of Appreciation upon the retirement of James M. st. Clair R-5989-2 Supervisor Garrett moved to adopt the resolution. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw 4. Proclamation declaring the week of Mav 14 - 20. 1989 as National Historic Preservation Week Martha Boxley, Deedie Kagey, and Dr. John Kern, Director of the Division of Historic Landmarks Regional Preservation Center were present to receive the proclamation. Supervisor Nickens moved to approve the proclamation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett " May 9, 1989 777 NAYS: ABSENT None Supervisor McGraw 5. Proclamation declaring the week of May 14 - 20. 1989 as Virqinia Tourism Week. Mr. Phil Sparks was present to receive the p~oclamation. Supervisor Nickens moved to approve the proclamation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw 6. Presentation on All-America city competition. County Administrator Elmer Hodge presented the plans for the All-America City Competition in Chicago and the Board members viewed a video highlighting the projects that will be presented at Chicago as part of the presentation. IN RE: WORK SESSION 1. Proposed Anti-cruise Ordinance Supervisor Johnson outlined the problems that the residents in the Boxley Hills neighborhood have experienced with 77 8 May 9, 1989 - i::::= "cruising" in their community. Assistant County Administrator Joseph Obenshain explained the legalities involved, and that it is necessary to balance the rights of the property owners and the rights of those traveling the roads in that neighborhood. He advised that there are current ordinances that could address some of the problems such as vandal ism and 1 i ttering . There was a discussion on the possibility of working with the Virginia Department of Transportation to make certain streets One-Way at certain times. Sheriff Michael Kavanaugh and Commonweal th Attorney Skip Burkart were both present. Mr. Burkart expressed concerns that parts of a cruising ordinance could be unconstitutional, and SHeriff Kavanaugh explained that part of the problem is that there are not enough activities for young people. Following discussion of the problems, Chairman Garrett requested that Mr. Obenshain, Mr. Burkart and Sheriff Kavanaugh seek solutions to this problem. Supervisor Johnson directed Engineering to investigate the possibility of using the access from Boxley Hills to Airport Road and also requested the Sheriff to report back how much additional funding would be necessary to pay overtime for increased patrol in the area. Supervisor Nickens requested that the staff meet with officials of ,the shopping centers in the area to study the possibility of providing parking and recreation after 9:00 p.m. May 9, 1989 77'9 IN RE: NEW BUSINESS 1. Authorization to increase buildinq permit fees A-5989-3 Director of Development and Inspections Arnold Covey presented the staff report. He advised that the current building permit fee was approved in 1974. He outlined the increases being requested. Mr. Covey anticipated increased revenue of between $65,000 and $85,000 annually if the fees were raised. Supervisor Nickens suggested that a brochure be prepared so that citizens are aware of the increased fees and what is necessary to obtain permits. Supervisor Nickens moved to authorize the increased building fees. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw 2. Request to ratifY Roanoke County Risk Manaqement Proqram. A-5989-4 Director of Finance Diane Hyatt reported that when the Risk Management Program was approved, the Board requested that the activities, savings and benefits of the program be reviewed 78 0 May 9, 1989 - after one year to determine the feasibility of continuing the program. She advised that a savings and dividend of $320,878 has been generated by this program. This does not include possible savings from the Schools because the maj ori ty of the insurance renewals will begin in the 1989-90 fiscal year. She recommended ratification of the Risk Management Program and the position of Risk Manager as a permanent function. In response to a question from Supervisor Robers, Mr. Hodge advised that any savings generated from both the County and the school system should come back to the reserve in the County. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw 3. Approval of Parks and Recreation plans for the Glenvar area. This item was continued to May 23, 1989. 4. Request from the Better Beqinninqs Coalition for $500 to fund planning session for area social service aqencies. A-5989-5 May 9, 1989 78 1 Mr. Hodge presented the staff report. There was no discussion. Superv is or Nickens moved to allocate $500 from the Board Contingency Fund. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw IN RE; FIRST READING OF ORDINANCES 1. Ordinance authorizinq the issuance of not to exceed $470.000 bonds to finance the purchase of equil;)ment for school purposes. and Ordinance repealinq and rescindinq ordinance 41189-10 which authorized the issuance of $440.000 General Obligation Bonds to finance the purchase of equipment for school purposes. There was no discussion on this item. No one was present to speak. Supervisor Johnson moved to approve first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw 7 8 :~ May 9, 1989 - - : Mr. Mahoney requested a second vote on the ordinance rescinding ordinance 41189-10. Supervisor Johnson moved to approve first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 2. Ordinance establishinq the 1989/90 fiscal year budqet. Mr. Mahoney reported that this ordinance will appropriate the funds to implement the previously approved budget. Supervisor Johnson moved approval of the Ordinance establishing the budget. The motion was seconded by Supervisor Nickens. Supervisor Nickens asked for clarification on the procedure for carrying over funds in the school budget for capital funds and what dollar amount will be carried over. Mr. Hodge advised that several years ago, the decision was made to allow the carryover for the purchase of school buses. Supervisor Nickens advised that a capital needs programs should be developed for the County and schools. Supervisor Nickens offered a substitute motion that the ordinance be approved but that any year-end funds remaining in May 9, 1989 78·3 the school budget would revert back to the County capital fund rather than the school capital fund. The motion was seconded by Supervisor Robers. Mr. Hodge advised that this would be acceptable if the schools are not also responsible for any deficits incurred. The roll call was as follows: AYES: NAYS: ABSENT: Supervisors Nickens, Robers Supervisors Johnson, Garrett Supervisor McGraw Mr. Mahoney advised that a tie vote with a member absent carries the item over to the next meeting for another vote and the first reading would be at that meeting. Supervisor Johnson moved to reconsider the issue and his motion was ruled in order by the chairman. Mr. Mahoney advised that if the first reading passed with Supervisor Nickens amendment, any change at second reading would call for another reading in June. Supervisor Johnson withdrew his motion and moved to table the issue to May 23, 1989. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw IN RE: SECOND READING OF ORDINANCES 784 May 9, 1989 - - 1. Ordinance authoriz inq the donation of Parcell. Tract 3. C. L. Bush Estate, containing .98 acre to the Town of Vinton. 0-5989-6 Mr. Mahoney presented the staff report. No citizens spoke on this ordinance Supervisor Johnson moved to adopt the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-6 AUTHORIZING THE DONATION OF PARCEL 1, PART TRACT 3, C. L. BUSH ESTATES, CONSISTING OF .98 ACRE TO THE ~OWN OF VINTON BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County the subj ect property has been de- clared to be surplus and is being made available for other public uses, i.e. public outdoor recreation; and 2. That, pursuant to the provisions of section 18.04 of the Charter of Roanoke County, a first reading concerning the donation and disposition of the hereinafter-described real estate May 9, 1989 78'5 was held on April 25, 1989; a second reading was held on May 9, 1989; and 3 . That this real estate is more particularly des- cribed as Parcell, Part Tract 3, C. L. Bush Estate containing .98 acre and designated as Roanoke County Tax Map No. 61.14-4- 4.2; and 4. That the County donates the .98-acre tract of land to the Town of Vinton subject to the provisions and restrictions of the Land and Water Conservation Fund Act and in particular Section 6F; and 5. That the County hereby reserves a twenty (20) foot public water line easement across the .98-acre tract of land to access the adjacent well lot; and 6. That the donation of the property to the Town of vinton is hereby authorized; and 7. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Garrett, Nickens NAYS: None ABSENT: Supervisor McGraw 78'.6 May 9, 1989 - 2. Ordinance acceptinq an offer for and authorizing the sale of 1.4 acres. more or less. in the Southwest Industrial Park. 0-5989-7 Economic Development Director Tim Gubala presented the staff report. No citizen was present to speak on this ordinance. Supervisor Robers moved to adopt the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-7 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 1.4 ACRES, MORE OR LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been de- clared to be surplus and is being made available for other public uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on April 25, 1989; and a second reading was held on May 9, 1989, concern- May 9, 1989 78 7 ing the sale and disposition of 1.4 acres, more or less, in the Southwest Industrial Park; and 3. That offers having been received for said property, the offer of Gorman Howell to purchase 1.4 acres, more or less, for $35,500 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Robers, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 3. Ordinance authorizing the lease of 10.40 acres of real estate to John D. Willey. 0-5989-8 Mr. Mahoney presented the staff report. He presented a letter for the record from Commonwealth Attorney Skip Burkart advising no potential conflict of interest. 78;8, .. May 9, 1989 ,- - Supervisor Johnson moved to adopt the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-8 AUTHORIZING THE LEASE OF 10.40 ACRES OF REAL ESTATE TO JOHN D. WILLEY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the hereinabove-described real estate was held on April 25, 1989. The second reading on this matter was held on May 9, 1989; and 2. This property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Map No. 73.00-1-6; and 3. That it is in the County's best interests to lease this property to John D. Willey in order to safeguard the valu- able improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Spring Hollow Reservoir Project. This lease is subject to the provisions of section 15.1-260 and Section 15.1-261.1 of the Code of Virginia, 1950, as amended; and May 9, 1989 78'9 4. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 4. Ordinance amendinq Article II. "Virqinia Statewide Fire Prevention Code," of Chapter 9. "Fire Prevention and Protection." of the Roanoke County Code by the addition of Section F-318.1. "Cookinq Devices on and under Balconies." 0-5989-9 Mr. Mahoney advised that the second reading was held over from the last meeting because of a substantial change in the ordinance. Supervisor Nickens moved to adopt the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-9 AMENDING ARTICLE II, "VIRGINIA STATEWIDE FIRE PREVENTION CODE" "79 0 May 9, 1989 - OF CHAPTER 9, "FIRE PREVENTION AND PROTECTION" OF THE ROANOKE COUNTY CODE BY THE ADDITION OF SECTION F-3l8.1, "COOKING DEVICES ON OR UNDER BALCONIES" WHEREAS, Ordinance No. 52488-13 adopted on May 24, 1988, repealed the old fire prevention code and adopted the Vir- ginia statewide Fire Prevention Code; and WHEREAS, Section 27-98 of the Code of Virginia of 1950, as amended, authorizes local governments to enforce the Virginia statewide Fire Prevention Code; and WHEREAS, Section 27-97 of the Code of Virginia of 1950, as amended, authorizes local governments to adopt fire prevention regulations that are more restrictive or more extensive in scope than the statewide Fire Prevention Code; and WHEREAS, the Roanoke County Fire Marshal recommends the adoption of this ordinance to alleviate a threat to the public health, safety, and welfare; and WHEREAS, the first reading of this ordinance was held on April 25, 1989; the second reading of this ordinance was held on May 9, 1989. NOW, THEREFORE, be it ordained by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That Article II, "Virginia statewide Fire Preven- tion Code" of Chapter 9 of the Roanoke County Code is hereby amended and reenacted and changed pursuant to Section 27-97 of the Code of Virginia, 1950, as amended, as follows: May 9, 1989 791 F-3l8.l Cookinq Devices on or under Balconies No charcoal cooker. brazier. hibachi or qrill. or anv qasoline or other flammable liquid of liquified petroleum qas- fired stove or similar device shall be iqnited or used on or under the balconies of any apartment building or similar occupancy which are constructed of combustible materials. The manaqement of such occupancies shall notifY its tenants in writinq of this code requirement at the time the tenant initially occupies the apartment and from time to time as necessary to ensure compliance. 2. The provisions of this ordinance shall be effective from and after May 10, 1989. On motion of Supervisor Nickens, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 5. Ordinance authorizinq petition of Old Heritaqe Corporation and RockYdale Quarries Corporation to vacate portion of a 50-foot right-of-way referred to as "North Mountain Drive". Section 5. Southern pines SUbdivision. Cave Sprinq Maqisterial District. 0-5989-10 79·,2 May 9, 1989 - Director of Development and Inspections Arnold Covey presented the staff report. No citizen was present to speak on the ordinance. Supervisor Garrett moved to adopt the ordinance. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-10 VACATING A PORTION OF AN UNIMPROVED FIFTY (50) FOOT RIGHT-OF-WAY IDENTIFIED AS "NORTH MOUNTAIN DRIVE," SECTION FIVE OF SOUTHERN PINES SUBDIVISION WHEREAS, Old Heritage Corporation has petitioned the Board of Supervisors of Roanoke County, Virginia, to vacate a portion of an unimproved fifty (50) foot right-of-way identified as "North Mountain Drive," Section 5 of Southern pines Subdivi- sion as recorded in Plat Book 2, page 138 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; and WHEREAS, section 15.1-482(b) of the 1950 Code of Virgin- ia, as amended, requires that such a request be accomplished by ordinance of 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 pUblic hearing and first reading of this ordinance was held on April 25, May 9, 1989 793 1989; and the second reading of this ordinance was held on May 9, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of an unimproved fifty (50) foot right-of-way approximately 840 feet in length, identified as "North Mountain Drive," Section 5 of Southern Pines SUbdivision.. as recorded in Plat Book 2, page 138 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and 2. 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. 3. That petitioner 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 Garrett, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 6. Ordinance authorizing petition of Roy Lochner to 794 May 9, 1989 vacate a l5-foot public utility easement. between Lots 3 and 4. Block 1. Section 1. Hiqhfield Farms Subdivision, Windsor Hills Maqisterial District. 0-5989-11 Mr. Covey presented the staff report. present to speak to the ordinance. Supervisor Garrett moved to adopt the ordinance. The No citizen was motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw ORDINANCE 5989-11 VACATING A FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT BETWEEN LOTS 3 AND 4, BLOCK 1, SECTION 1, HIGHFIELDS FARMS WHEREAS, Roy Lochner, the owner of Lots 3 and 4, Block 1, Section 1, Highfields Farms, has petitioned the Board of Super- visors of Roanoke County, Virginia, to vacate a fifteen (15) foot public utility easement between Lots 3 and 4, Block 1, Section 1, Highfields Farms as recorded in Plat Book 9, page 348 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; and WHEREAS, Section 15.1-482(b) of the 1950 Code of Virgin- ia, as amended, requires that such a request be accomplished by ordinance of the governing body; and May 9, 1989 : 7~'5 WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a public hearing and first reading of this ordinance was held on April 25, 1989; and the second reading of this ordinance was held on May 9, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a fifteen (15) foot pUblic utility easement between Lots 3 and 4, Block 1, Section 1, Highfields Farms as recorded in Plat Book 9, page 348 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section l5.l-482(b) of the 1950 Code of Virginia, as amended; and 2. 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. 3. That petitioner 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 Garrett, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw 79 ~ May 9, 1989 - - IN RE: APPOINTMENTS 1. Clean Valley Council Supervisor Nickens nominated Mr. Vince Reynolds to serve a two-year term, expiring June 30, 1991. 2. Fifth Planninq District Commission Supervisor Nickens nominated Alfred Anderson to serve a three-year term as an elected representative. expire June 30, 1992. His term will IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR ROBERS: (1) advised he had prepared a draft letter to various businesses for the Board members' signatures asking that they refrain from using containers that are not recyclable. Supervisor Johnson suggested that the County make sure that this does not negatively impact any ROanoke Valley businesses; (2 ) Reported he had met with State economic development people to discussion improved economic development efforts in Roanoke County. SUPERVISOR NICKENS: (1) asked that the Parks and Recreation Department prepare a report on the Therapeutics Program showing the locality of the program participants; (2) requested that the staff look into resurfacing basketball courts May 9, 1989 79 7 ~ and replacing nets and backboards at various County playgrounds; (3) Asked if funds remaining in the Park Bond money could be used for expansion and treatment of the Stonebridge Park parking lot; (4 ) Announced he was resigning as a member of the Consolidation Negotiations Committee. IN RE: APPOINTMENT TO CONSOLIDATION NEGOTIATIONS COMMITTEE Superv isor Nickens moved to to appoint Chairman Lee Garrett to the Consolidation Negotiations Committee to fill his vacancy. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda with Item 7 removed. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT Supervisor McGraw RESOLUTION NO. 5989-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH 79 8 May 9, 1989 - 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 . Tha t tha t certain section of the agenda of the Board of Supervisors for May 9, 1989, 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, inclusive, as follows: 1. Minutes of Meeting - September 27, 1988, October 11, 1988, October 25, 1988. 2. Request for acceptance of Horsepen Mountain Drive and Horsepen Mountain Circle into the Virginia Department of Transportation Secondary System. 3. Resolution requesting approval of grant application for Clean Valley Council. 4 . Approval of resolution supporting the membership of Craig County to the Mental Health Services of the Roanoke Valley. 5. Acceptance of the following roads into the VDOT Secondary System: a. 0.24 miles of Quail Place b. 0.12 miles of Meadewood Drive c. 0.16 miles of Byers Road d. 0.69 miles of Lakemont Drive 6. Authorization to request Va. Department of Transportation Revenue Sharing funds to construction road and drainage improvements. 7. Rese%~~!:eft- ex~ress!:ft~- a~~reva%- ef- ~fte- ~re~esee1 ]l\~%~!:-fa1l\!:%Y- àeve%e~1I\eft~s- kftewft- as- Sre~se- Pe!:ft~e A~ar~1I\eft~s-afte1-H!:~ft~a~e-A~ar~1I\eft~ST 8. Acceptance of a sanitary sewer easement being donated by K. Rae Martin and Sherry Martin, Lot 27, Block 3, Section 2, Kingston Park. May 9, 1989 799 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 with Item 7 removed for discussion and a separate vote, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw Item 7 was denied by motion of Supervisor Robers, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Robers, Nickens NAYS: Supervisors Garrett ABSTAIN: Supervisor Johnson ABSENT: Supervisor McGraw RESOLUTION 5989-12. c SUPPORTING THE REQUEST OF CRAIG COUNTY TO BECOME A MEMBER OF THE MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: WHEREAS, Chapter 10 of Title 37.1 of the Code of 80 0 -.. May 9, 1989 - Virginia (1950), as amended provides for the establishment of a community services board to deliver mental health, mental retardation, and substance abuse services; and WHEREAS, the Cities of Roanoke and Salem and Counties of Botetourt and Roanoke, with the intent of implementing provisions of Chapter 10 of Title 37.1 of the Code of Virginia, have joined together to establish Mental Health Services of the Roanoke Valley; and WHEREAS, the Board of Supervisors of Craig County, Virginia has, at its meeting, passed a resolution requesting membership in and representation on the Board of Directors of Mental Health Services of the Roanoke Valley. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, in conjunction with the Councils of the cities of Roanoke and Salem and the Board of Supervisors of the County of Botetourt, approves the request of Craig County for membership in Mental Health Services of Roanoke Valley; and BE IT FURTHER RESOLVED that the Board of Directors of Mental Health Services of the Roanoke Valley is instructed by the member jurisdiction to present for their ratification amended By-laws, increasing the membership of the Board from fifteen to sixteen with the additional member to be appointed by the Board of Supervisors of Craig County. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: 801 May 9, 1989 AYES: Supervisors JOhnson, Robers, Nickens, Garrett NAYS: ABSENT: None Supervisor McGraw RESOLUTION 5989-12. a REQUESTING ACCEPTANCE OF HORSEPEN MOUNTAIN DRIVE AND HORSEPEN MOUNTAIN CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM 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 Horsepen Mountain Drive from its intersection with Laurel Glen Road (Route 651) to the terminus at the cul-de-sac for a distance of 0.50 miles, and Horsepen Mountain Circle from Horsepen Mountain Drive to the terminus at the cul-de-sac for a distance of 0.05 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map known as Falling Creek Estates, Section 6, which map was recorded in Plat Book 9, Page 316, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on March 12, 1985, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting 80 L May 9, 1989 property owners is necessary. right-of-way for drainage. 3. That said roads known as Horsepen Mountain Drive and The Board hereby guarantees said Horsepen Mountain Circle and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw RESOLUTION 5989-12.c REQUESTING SPECIAL ALLOCATION FROM VIRGINIA DEPARTMENT OF TRANSPORTATION TO IMPROVE ROADS IN HUNTING HILLS SUBDIVISION, CHAUCER'S COURT (ROUTE 1794), AND GIVENS AVENUE (ROUTE 1109) 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 application of the developers of Huntings Hills Subdivision, property owner along Chaucer's Court (Route 1794), and Roanoke County for Givens Avenue (Route 1109) for road and drainage improvements. May 9, 1989 80 J 2. That in accordance with Section 33.1-75.1 of the Code of Virginia, 1950, as amended, state matching allocation is available to improve, maintain, construct, or reconstruct State Highways within the County. 3. As an inducement to adopt this resolution, Old Heritage Corporation (Developer of Hunting Hills Subdivision) and the property owners of Chaucer's Court have agreed to pay to the County's General Fund the equivalent amount of the local share needed for the State's matching allocation and will deposit these funds with the Roanoke County Treasurer's Office within 30 days upon receiving notification that the Commonwealth Transportation Commission has approved state matching allocation for these two projects. 4. That, Roanoke County has presently or will make available from County General Funds the local share of the drainage improvements on Givens Avenue upon receiving notification by the Commonwealth Transportation Commission of the approval of the State's matching allocation. 5. That, Roanoke County and the Virginia Department of Transportation improve roads in Huntings Hills Subdivision, and Chaucer's Court, and construct drainage improvements on and adjacent to Givens Avenue, and that funds be allocated for the local share of these proj ects and be available to the Virginia Department of Transportation at the appropriate time. 6. That, the Virginia Department of Transportation and the 8 0'. 4.~ May 9, 1989 - Commonwealth Transportation Commission is hereby requested pursuant to section 33.1-75.1 of the State Code, to make available an equivalent matching fund allocation for the improvements of roads in Hunting Hills Subdivision, Chaucer's Court and Givens Avenue in the total amount of $142,500. 7. That the County Administrator of Roanoke County or his designee be authorized to take such action and execute such documents as may be necessary to accomplish these projects, upon form as approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw RESOLUTION 5989-12.b AUTHORIZING THE CLEAN VALLEY COUNCIL TO APPLY FOR AN ANTI-LITTER PROGRAM GRANT FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby expresses its intent to combine with the City of Roanoke, Town of Vinton, Botetourt county, and City of Salem in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of Waste Management, Division of Litter Control May 9, 1989 805 and Recycling, and contingent on receipt of such funds for the fiscal year ending June 30, 1990; and 2. That the Board hereby authorizes Clean Valley Council, Inc., to plan and budget for a cooperative anti-litter program for the fiscal year ending June 30, 1990 which shall represent said program for all localities named in this resolution; and 3. That the Board further authorizes Clean Valley Council, Inc., to apply on behalf of Roanoke County for a grant, and to be responsible for the administration, implementation, and completion of the program; and 4. That the Board further accepts responsibility jointly with the Clean Valley Council, Inc., and the City of Roanoke, Town of Vinton, Botetourt County, and City of Salem for all phases of the program; and 8 0 ~:~6 May 9, 1989 - 5. That said funds when received will be transferred immediately to Clean Valley Council, Inc; all funds will be used in the cooperative program to which the Board gives its endorsement and support; and 6. That the financial records of Clean Valley Council, Inc., shall be subject to inspection and review by the Assistant County Administrator of Management Services and such data shall be presented to allow proper reporting on a timely basis by the County; and 7. That the Board requests the Department of Waste Management, Division of Litter Control and Waste Recycling to consider and approve the application and program, said program being in accord wi th the regulations governing use and expenditure of said funds. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: ABSENT: None Supervisor McGraw IN RE: ACTION 5989-13 CERTIFYING DISAPPROVAL TO THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY OF THE PROPOSED MULTI-FAMILY RESIDENTIAL HOUSING DEVELOPMENTS KNOWN AS THE GROUSE POINTE APARTMENTS AND HIGHGATE APARTMENTS Director of Planning Terry Harrington explained that this request is for VHDA funding for these two mUlti-family May 9, 1989 80 7 developments and that the Highgate Apartments complied with all criteria in Comprehensive Plan and SUbdivision and Zoning Ordinance while the Grouse Pointe Apartments complied with 23 of the 25 criteria. This proposal does not meet the density recommendations in the Comprehensive Plan. Staff recommends approval of the resolution. Supervisor Robers pointed out that the Board had denied rezoning requests with the same density. Mr. Harrington advised that the developers are not asking for a rezoning and already have the authority to build to that density. This items is only a request for support for the funding. Supervisor Robers moved to deny support for approval of the proposed mUlti-family residential housing developments known as the the Grouse Point Apartments and Highgate apartments. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Robers, Nickens NAYS: Supervisor Garrett ABSTAIN: Supervisor Johnson ABSENT: Supervisor McGraw IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: 80 ~. May 9, 1989 - AYES: NAYS: ABSENT Supervisors Johnson, Robers, Nickens, Garrett None Supervisor McGraw 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund IN RE: WORK SESSION 1. 75/25 Economic Development Strategy Supervisor Nickens moved to schedule this work session for June 14, 1989. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw Supervisor Johnson requested a report with recommendations prior to the work session. IN RE: OTHER BUSINESS Supervisor Robers requested that the County staff assist a ci tizen who purchased a home and later found out the property was zoned Industrial and cannot get financing. May 9, 1989 80 9 IN RE: ADJOURNMENT There being no Executive Session, Supervisor Johnson moved to adjourn at 6: 00 p.m.. The motion was seconded by Supervisor Nickens and carried by the following voice vote: AYES: Supervisors JOhnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor .'. ,.~.~¡ .,' ÝaUL/?¡~ -