Loading...
HomeMy WebLinkAbout7/11/1989 - Regular July 11, 1989 00 1 --; I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 July 11, 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 July, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven A. McGraw, Harry C. Nickens arrived at 3:05 p.m. 4'''~ . .,.'."",.:,. MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County ~ / 002. July 11, 1989 , , ' ¡:= F= Administrator for Human Services; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Brenda J. Holton, Deputy Clerk; Anne Marie Fedder, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. recited by all present. The Pledge of Allegiance was IN RE REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator Elmer Hodge added Item lA, a report on the staff response to the recent flooding. IN RE: NEW BUSINESS 1. A Oral report on staff response to floodinq last week. Fire and Rescue Chief Tommy Fuqua, County Administrator Elmer Hodge, and Director of General Services Gardner smith reported on the response to the recent flooding. Chief Fuqua advised there were no injuries and no maj or structural damage. Mr. smith advised that communication was interrupted during the storm due to lightening, but the dispatchers were able to continue with radio communication and handling of emergency calls July 11, 1989 003 ==¡ ~ ----; continued throughout the storm. Mr. Smith continued that they have made arrangements for refuse pickup to take the refuse from communities involved during normal operations. Mr. Hodge gave a report prepared by Director of Engineering, Phillip Henry, concerning the activities of the drainage staff. Mr. Hodge commended the staff, as well as fire and rescue people, and everyone who worked that night, for an outstanding jOb. Chairman Garrett expressed congratulations on behalf of the Board to all those involved for their performance during this trying time and was very pleased that the problems were minimal. .L.. Request for approval to implement an Affirmative Action Plan. Mr. Hodge explained this was a first draft of the Affirmative Action Plan and recognized Mary Hicks and Keith Cook for their research and efforts. He advised he would like implementation to be coordinated through his office and that an Affirmative Action Committee be established to work with Human Resources. Al though we have no legal requirement to do so, Mr. Cook felt this would complement the present EEOC policy in place at Roanoke County. Mr. Cook reported that the plan was written by Mary Hicks, County Administrator's Office and he recognized Angela Lucento, an intern from Radford Uni versi ty, who helped with the technical aspects of the plan. The plan was also /" / 00 it July 11, 1989 reviewed by an outside personnel consultant. the draft plan with the supervisors. Mr. Cook outlined ¡:= '-- I--- , I Chairman Garrett asked that this be referred back to the staff for additional review and brought back in final form as a work session at July 25, 1989 meeting. h Request from the Julian wise Foundation for a $50.000 contribution to establish a volunteer rescue sauad museum. Mr. I. B. Heinemann, President of the Julian stanley Wise Foundation, a tax exempt corporation, presented an overview of the museum and endowment fund, which included a video tape about the founding of the first volunteer rescue squad by Roanoke Valley's Julian Wise and growth since its inception. They hope to raise $1.8 million dollars and requested funding from the County in the amount of $50,000 over a three year period. He also introduced other members of the Foundation who were present and Mr. Ham Flannagan, board member, spoke in support of the request. Supervisor Johnson requested this item be continued until July 25, 1989 meeting in order for staff to research funding alternatives. h Authorization to reappropriate remaining Sesquicentennial funds. A-71189-1 July 11, 1989 005 ==¡ =¡ Parks & Recreation Coordinator, Kathy Davis, was present to answer questions about the report. Questions raised by Supervisor Nickens included the reason for the additional compensation for the author of the history book, Deedie Kagey; and staff recommendation that $20,000 remaining be used for special activities. Mr. Hodge advised that there are two categories of funds. The first is the $40,000 which were funds raised by the volunteers in fund raising campaigns and were not really county dollars. The fund raising committee and sesquicentennial committee had recommended using the remaining funds in this manner. Although Deedie Kagey was compensated for writing the history book, the additional compensation from the funds was a recogni tion of the long hours and hard work she put into the book. The other category was $20,000 remaining from the County's contribution to the sesquicentennial which was not needed. It would be staff's intent to use these funds for an event to celebrate the All America City Award that Roanoke County recently won in Chicago, and it was anticipated that there would be no funds remaining. Supervisor Nickens was concerned that if we allocate $20,000 for special events highlighting the All America City Award, there will be no funds left for special events sponsored by the Parks & Recreation. Mr. Hodge advised that these are two different accounts. Ms. Davis advised that the $20,000 County ./--- 00 6 July 11, 1989 ¡:= ,....-- allocation will go to All America City and the $20,000 raised by the Sesquicentennial Committee will go to the Parks & Recreation Department special events. This makes a total of $60,000 after paying outstanding bills. supervisor Nickens advised that without a budget for the All America Ci ty Gala, he would not support this recommendation and requested a celebration that involves the entire population of the County. Mr. Hodge advised that it is necessary to go forward with this today in order to facilitate planning for the event. Supervisor Johnson requested that the staff supply each Board member with a budget and schedule for planned events concerning All America City celebration but feels the need to move ahead at this time. Supervisor Johnson moved to approve staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: Supervisor Nickens ~ Yearly Report from the Roanoke County Health Department. Dr. Margaret Hagan, Director of the Alleghany Health District, reviewed the activities of the Health Department during the past year. These included environmental health, health care July 11, 1989 007 - ===1 , delivery, CHIP Program, JLARC funding, and status report on AIDS in Roanoke County. ~ Acceptance of a $5.000 matchinq qrant from the Commission for the Arts for cultural enrichment organizations. A-71189-2 Director of Management & Budget Reta Busher requested that the Board approve the $5,000 Arts Challenge Grant, which with the previous approved $20,000, would allocate $25,000 to cuI tural organizations in fiscal year 1989-90. The allocation would be $5,000 to Arts Council of Roanoke Valley, $15,000 to Center in the Square, and $5,000 to the Roanoke Symphony. Supervisor Robers moved to approve staff recommendation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Authorization for the County Administrator to execute an option aqreement for 200 acres of real estate. A-71189-3 County Attorney Paul Mahoney advised that the County has received an offer to enter into an option agreement, for a six month period, to purchase approximately 200 acres from Mary E. Moore, for $3,750.00. Because this property is adjacent to the proposed Smith Gap Landfill site, it could be utilized as a /' 00 8 July 11, 1989 buffer or for other appropriate uses. If the Part A application for the smith Gap Landfill is granted, the County could exercise I I , this option. As further information, Mr. Mahoney advised that this option may be assigned to the Resource Authority and advised that the County has received all the appraisals on the second landfill site. Those appraisals will be submitted to the various property owners as part of contract and option agreements and would be going out today or tomorrow. There was no further discussion. supervisor Nickens moved to approve staff recommendation. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: Supervisor McGraw IN RE:. REQUEST FOR WORK SESSIONS The Board requested an Affirmative Action Work Session be set for July 25, 1989. IN RE:. FIRST READING OF ORDINANCES .L.. Ordinance providinq for the establishment of the General District Court Driver Improvement Proqram and providing for the supervision and control of such program. County Attorney Paul Mahoney advised that Edward S. Kidd, Jr., Chief Judge of the General District Court for the = July 11, 1989 00 9 Twenty-Third Judicial District, has requested the establishment of this program. This program will be operated through the Roanoke Valley Alcohol Safety Action Program. It will be entirely self-supported and operated from funds collected as fees from participants. There was no discussion. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None h Ordinance vacatinq a 25-foot unimproved riqht-of- way known as Jones Street. Section 1. Dwiqht Hills. Director of Development & Inspections Arnold Covey advised that Charles M. and Mary H. Vandergrift are requesting this vacation in order that they may improve their property The Department of Engineering and utility have no objections upon the condition that a 20 foot water/sewer easement be retained. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None h Ordinance of drainaqe authorizing purchase /---- 01 0 July 11, 1989 F= easement at 942 Starmount Avenue. Roanoke County. Virqinia and expenditure of funds for construction of underground storm drain. Mr. Mahoney presented the staff report and advised that this ordinance would authorize the acquisition of real estate for drainage easement, authorize the expenditure of funds for construction of improvements and resolve a claim filed by Mr. John D. Kelly to prevent litigation over this matter. Mr. Mahoney requested waiving of the second reading of ordinance to make it effective July 11, 1989. Mr. Hodge in response to Dr. Nickens' question whether this entire amount should be charged against the drainage fund, and not $12,500 from drainage fund and $5,000 board contingency fund, stated that the intent was to try to salvage as much of the drainage fund to make that fund more effective. The $5,000 would cover some small projects under the drainage fund. Supervisor Johnson indicated he was considering asking staff to research doubling the drainage fund. He would like to clear up the problem but not deplete the Drainage Fund. He further questioned why this would be an emergency ordinance, and Mr. Mahoney stated the County had been sued by Mr. Kelly and this action would dispose of the matter. Also the County needs to make improvements before any further damage is caused by drainage water from the adjoining subdivision which is now being discharged upon Mr. Kelly's property. On motion of Supervisor McGraw to approve first and second reading of ordinance, and change the effective date to 7- July 11, 1989 01 1 ===ì 11-89, seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 0-71189-4 AUTHORIZING PURCHASE OF A DRAINAGE EASEMENT AT 942 STARMOUNT AVENUE, ROANOKE COUNTY, VIRGINIA, AND THE EXPENDITURE OF FUNDS FOR CONSTRUCTION OF AN UNDERGROUND STORM DRAIN WHEREAS, a 10-foot drainage was thought to have been conveyed by developers to Roanoke County across the eastern edge of Lot 1, Block 4, section 2, of Deer Run Estates in 1979 or 1980 for purposes of providing storm water drainage from lots in Block 1, section 1 of Deer Run Estates to an existing drainage easement along the southern edge of said Lot 1; and WHEREAS, no evidence of such easement can be found entered of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; and WHEREAS, the construction of a storm drain under Starmount Avenue which terminates in an 18-inch pipe opening upon said Lot 1 results in the discharge of water and debris collected from numerous lots upon the property of this lot's owner; and WHEREAS, the owner of said lot has a legal claim for the taking of his property for public uses without just compensation and has presented a claim, through counsel, for damage to his property occasioned by such drainage where no public easement exists. ~ 012 July 11, 1989 ,....-- I- F= THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to enter into a contract for the purchase of a 10-foot wide drainage easement across Lot 1, Block 4, Section 2 of Deer Run Estates in an amount not to exceed Five Thousand Dollars ($5,000) which shall be paid out of the Board's contingency fund. 2. That the County Administrator is authorized to construct an underground storm sewer extending from Starmount Avenue to the existing drainage easement on the eastern edge of this lot through the easement to be acquired upon the review and recommendation of the County Engineer or his designee which shall be funded out of the existing drainage fund. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this easement and the construction of any storm sewer, all of which shall be approved as to form by the County Attorney. 4. An emergency being in force, this ordinance shall be in effect ás of July 11, 1989. On motion of Supervisor McGraw to approve first and second reading of ordinance, and change the effective date to 7- 11-89, seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett July 11, 1989 013 - NAYS: None IN RE: SECOND READING OF ORDINANCES .L.. Ordinance authorizinq the conveyance of 26.742 acres of real estate (North Lakes Property) to the Roanoke County School Board. The report was presented by Mr. Mahoney. There was no discussion, and no citizens were present to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 0-71189-5 AUTHORIZING THE CONVEYANCE OF 26.742 ACRES OF REAL ESTATE (NORTH LAKES PROPERTY) TO THE ROANOKE COUNTY SCHOOL BOARD 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subj ect property is being made available for other public uses by conveyance to the Roanoke County School Board. 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on June 27, 1989; and a second reading was held on July 11, 1989, concerning the conveyance of 26.742 acres of real estate, more or less, identified as tax map parcel number // 01 4 July 11, 1989 - - 37.05-13. 3. That the conveyance of 26.742 acres of real estate, more or less, to the Roanoke County School Board for other public uses is hereby authorized and approved. 4. That the County Administrator is authorized to execute such documents and take such actions as may be necessary to accomplish the conveyance of this property, all of which shall be upon form approved by the County Attorney. On motion of supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None h Ordinance authorizing the acceptance and acquisition of 6 acres of real estate (Southview) from the Roanoke County School Board. and further. authorizing the conveyance of 2.281 acres of real estate beinq a portion thereof. to the Commonwealth of Virginia. Mr. Mahoney advised that based upon board direction at the first reading held on June 27, 1989, the ordinance has been amended for the second reading to provide for a reversion to the County if the State Forensics Laboratory is not constructed by June 30, 1993, or if the property ceases to be utilized as a forensics laboratory. There were no citizens to speak on this ordinance. Supervisor Johnson requested that the staff notify the July 11, 1989 015 - - adjacent property owners before execution of the deed of this conveyance to the state of Virginia. Supervisor Nickens moved to adopt the ordinance. The motion was seconded by Superv isor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 0-71189-6 AUTHORIZING THE ACCEPTANCE AND ACQUISITION OF 6 ACRES OF REAL ESTATE (SOUTHVIEW) FROM THE ROANOKE COUNTY SCHOOL BOARD, AND FURTHER, AUTHORIZING THE CONVEYANCE OF 2.281 ACRES, BEING A PORTION THEREOF, TO THE COMMONWEALTH OF VIRGINIA 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 on this ordinance was held on June 27, 1989; and a second reading was held on July 11, 1989. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, a portion of the subject real estate is being made available to the Commonwealth of Virginia for other public uses, namely, the State Forensics Laboratory. 3. That the acceptance and acquisition of six (6) acres of real estate from the Roanoke County School Board is hereby authorized. ./ 016 July 11, 1989 = I---- 4. That the conveyance of 2.281 acres or real estate, being a portion of that real estate conveyed to the County by the Roanoke County School Board, to the Commonwealth of Virginia for the purpose of constructing a forensics laboratory, is hereby authorized and approved. 5. That if the Commonwealth of Virginia ceases to utilize said property for a forensics laboratory, then said property shall revert to the County. Further, if the Commonwealth does not commence construction of a forensics laboratory facility on this property by June 30, 1993, then said property shall revert to the County. 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these transactions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR JOHNSON: (1) He reported on continuing problems with cruising on williamson Road. He has discussed no left turn on Williamson Rd. to Hollins College with VDOT, and July 11, 1989 017 ==¡ - asked for board support. He asked for concurrence to research the possibility of allocating surplus 1988-89 funds to overtime enforcement of Williamson Rd. He advised he will have a report available for next meeting from VDOT on ingress and egress. (2) Supervisor Johnson directed staff to investigate expanding drainage program. SUPERVISOR ROBERS: (1) Expressed appreciation to County staff for success of the sewer line program. (2) Announced that Dewberry & Davis from Northern Virginia will definitely relocate in Valleypointe. SUPERVISOR NICKENS: Expressed concern about piece meal allocation of funds for variety of projects after the budget is approved. SUPERVISOR MCGRAW: (1) Thanked staff for their work in Montclair area during flooding. (2) Advised that he will be attending meetings of the Grayson Commission and NACo Conference during next week. (3) He described a new development planned for Catawba Valley, but felt that the County should prepare plans to retain the rural community in Catawba Valley. IN RE: CONSENT AGENDA Supervisor Nickens moved to approve the Consent Agenda. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: / 01 8 July 11, 1989 ,....-- ,....- - AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 71189-7 APPROVING CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for July 11, 1989, 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 Items 1 through 2, inclusive, as follows: 1. Confirmation of Committee Appointment to the Board of Zoning Appeals. 2. Acceptance by the Va. Department of Transportation of Fox Ridge Road, Old Farm Road, and Peach Tree Circle into the Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None July 11, 1989 019 ----, --; ===j IN RE: REPORTS Supervisor Nickens moved to receive and file the reports listed below. The motion was seconded by Supervisor and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Statement of Expenditures and income analysis as of May 31, 1989. IN RE: EXECUTIVE SESSION At 4:35 p.m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A 7 to discuss probable litigation or specific legal matters concerning (a) Dixie Caverns Landfill (b) Haqqertv. et al. v. Kavanaugh and (c) Consolidation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION // / 02 0 July 11, 1989 F= F= R-71189-8 At 6:00 p.m., Supervisor Johnson moved to return to open session and certify the Executive Session. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION EXECUTIVE CONFORMITY VIRGINIA R-71189-8 CERTIFYING MEETING WAS HELD WITH THE CODE OF IN 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 July 11, 1989 02 1 ==¡ ==¡ 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 Johnson, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: ADJOURNMENT At 6:05 p.m. Supervisor McGraw moved to adjourn. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. '\ ~,.-,-,"" -$' -..I . ::;.. t:-'i- . r .' , "'.~~.'"",~~. ,¡r '.. 1'?'" C) --;7 ,.,¡ . , J Chairman . ~~ .. ""fi .r:~~~, 1<).....' Lee