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HomeMy WebLinkAbout7/25/1989 - Regular July 25, 1989 02 2 ==:¡ 9 ! Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 July 25, 1989 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of July, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3:02 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 3:06 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John 023 July 25, 1989 ~ 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, Clerk to the Board; Anne Marie Fedder, Information Officer 1:::= I I IN RE: OPENING CEREMONIES The invocation was given by the Reverend Bill Ross, vinton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Appreciation to Gardner Denver- Cooper Industries for award of 2 + 2 $10.000 qrant to the Roanoke County School System. R-72589-l vice Chairman Richard Robers presented the resolution to Chuck Galetti, Operations Director for Gardner Denver, and Garland Kidd, Director of Vocational Education for Roanoke County Schools. Supervisor Garrett moved to adopt the prepared resolution. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett July 25, 1989 024 ==1 UAYO. 1'40he RESOLUTION 72589-1 OF APPRECIATION TO COOPER INDUSTRIES AND GARDNER- DENVER FOR AWARD OF 2+2 $10,000 GRANT TO ROANOKE COUNTY SCHOOLS WHEREAS, the Arnold R. Burton Technical School is receiving a three year grant of $10,000 per year from Cooper Industries for involvement in Project PACE; and WHEREAS, Arnold R. Burton is one of only ten schools in the United States to receive this grant; and WHEREAS, the staff and students of the school will be working with Gardner-Denver, the local subsidiary of Cooper Industries, in implementing the program; and WHEREAS, the funds will be used for the Roanoke Regional 2 + 2 project, which trains students from the Counties of Roanoke, Craig and Botetourt and from the Cities of Roanoke and Salem in automated manufacturing technology, preparing the students for careers in that area, and providing an educated workforce for the businesses in the area, thereby benefitting the community as a whole as well as the Roanoke County School system. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors, on behalf of itself, and the citizens and business community of Roanoke County, does hereby extend its appreciation to Cooper Industries and Gardner-Denver for their involvement in and contribution to our community. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and carried by the following recorded vote: 025 July 25, 1989 - A~ES: ~upervisor JOhnson, Robers, McGraw, Nickens, Garrett !:= NAYS: None 2. Resolution of Appreciation to Ben Helmandollar. Arnold Burton School. for his coordination of the Cooper Industries proiect PACE. Vice Chairman Robers presented the resolution to Mr. Helmandollar. Supervisor Garrett moved to adopt the prepared resolution. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 72589-2 OF APPRECIATION TO BEN HELMANDOLLAR, ARNOLD BURTON SCHOOL, FOR HIS COORDINATION OF COOPER INDUSTRIES AND GARDNER- DENVER PROJECT PACE WHEREAS, the Arnold R. Burton Technical School has received a three year grant from Cooper Industries for Project PACE; and WHEREAS, Ben Helmandollar, Assistant Principal of Arnold R. Burton Technical School was instrumental in coordinating the application process for the grant; and WHEREAS, Ben Helmandollar has also been instrument in developing the 2 + 2 program, which will educate students in automated manufacturing technology, providing not only a technical background, but also courses in academic subjects, July 25, 1989 026 , ~nereby preparing the students for careers in that technology; ==I and WHEREAS, Project PACE will be beneficial to students from the Counties of Roanoke, Botetourt and Craig and the cities of Salem and Roanoke, as well as the community as a whole. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby extend its appreciation and gratitude to Ben Helmandollar for his leadership and outstanding performance in helping the Roanoke County School System maintain its standards of excellence and service to the citizens of this County in particular and the Valley in general. On motion of Supervisor Garrett, seconded by Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisor JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: NEW BUSINESS 1.Reauest from JUlian Wise Foundation for $50.000 contribution to establish a volunteer rescue sauad museum. A-72589-3 Mr. Hodge announced that at the July 11 meeting, I. B. Heinemann, President of the Julian Wise Foundation presented a request to the Board for funding in the amount of $50,000 to be used towards the establishment of the museum. Staff has investigated several methods of contributing toward this project, but funds earmarked for cultural events have previously been 027 July 25, 1989 allocated dur~ng ~ne budget process. Mr. Hodge presented several alternatives and recommended that the Board authorize a $5,000 contribution to the Foundation from the Board Contingency Fund. Supervisor Nickens moved to allocate the $5,000 contribution from the Board Contingency Fund. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors JOhnson, McGraw, Nickens, Garrett NAYS: Supervisor Robers 1:::= ~ Reauest for assistance from the Sheriff's Office and Va. Department of Transportation with traffic conqestion problems in Boxlev Hills. R-72589-4 Mr. Hodge presented the staff report. He advised that Major Robertson from the Sheriff's Office and Fred Altizer from the Virginia Department of Transportation were present. This report resulted from a request from Supervisor Johnson to reduce the flow of traffic into the Boxley Hills subdivision and to increase law enforcement in that area. Mr. Hodge recommended support for the resolution to VDOT requesting assistance; that the Sheriff expand law enforcement with the additional staff approved in the 1989/90 budget; and that overtime be paid by fines generated from the enforcement. In response to questions from Supervisor Johnson, Mr. July 25, 1989 028 -----. ~ AILi~er advised tnat the traffic study will take about 30 days, and that VDOT will pay for a traffic light if it is warranted, but it will be included with other traffic light requests and prioritized. Mr. Altizer further responded that they will seriously consider the No Left Turn signs if the Board adopts the resolution. Supervisor Johnson moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw and carried by the fOllowing recorded vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None Supervisor Nickens asked where the funds generated from fines is allocated. Major Robertson advised that the County receives a portion and the remainder goes to the state. Finance Director Diane Hyatt advised that the funds are allocated to the General Fund. Supervisor Nickens expressed concern about allocating fines directly to the Sheriff's Office. Supervisor Johnson announced he did not want to use the money generated from fines to fund the expanded law enforcement, but asked that the Sheriff assist with expanded law enforcement and if additional funds were necessary, he would support additional funding. He asked Mr. Hodge to contact the State Police for further assistance in this problem. RESOLUTION 72589-4 REQUESTING ASSISTANCE 029 July 25, 1989 l".t{UM 'l'H.t: VIRGINIA DEPARTMENT OF TRANSPORTATION IN ADDRESSING TRAFFIC AND CONGESTION PROBLEMS IN THE BOXLEY HILLS SUBDIVISION >-- I . ! . BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the residents of Boxley Hills have been negatively impacted by the congestion and traffic caused by automobiles using their community for entrance and egress to Williamson Road, and WHEREAS, these residents have experienced property destruction and other problems associated with this "cruising" activity, and WHEREAS, they have requested assistance from various agencies to alleviate the congestion and property destruction in their neighborhood. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia is requesting assistance from the Virginia Department of Transportation in its efforts to address this problem as follows: 1. That a traffic study be completed for the intersection of Abney Road and Williamson Road to determine whether the intersection warrants traffic signalization. 2. That a review and traffic study of Abney Road from Darby Road to Williamson Road be completed to determine the possibility of restricting the road to oneway traffic only from 8:00 p.m. to 1:00 a.m. daily. July 25, 1989 030 ==:¡ =! 3. T'hat a study be conducted on the possibility of "No Left Turns" signs for the northbound traffic from the Roanoke City boundary line to Commander Drive during certain specified times. 4. That the Virginia Department of Transportation provide any other recommendations that they deem feasible to provide relief to the residents in this community. On motion of Supervisor JOhnson, seconded by Supervisor MCGraw, and upon the following recorded vote: AYES: Supervisors JOhnson, RObers, MCGraw, Nickens, Garrett NAYS: None ~ Reauest from the School Board for authorization to a 1 for a Vir inia Public School Authorit loan for asbestos abatement. site and buildinq improvements. and renovations. R-72589-5 Finance Director Diane Hyatt presented the report. She advised the School Board had approved their appropriation on July 13, and the Board of Supervisors must also authorize application for the loan. Supervisor Nickens moved to adopt the prepared resolution. The motion was seconded by Supervisor Robers and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, RObers, MCGraw, Nickens, Garrett NAYS: None 031 July 25, 1989 RESOLUTION 72589-5 AUTHORIZING APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY TO BORROW MONEY FOR CAPITAL PROJECTS FOR SCHOOL PURPOSES t::::= i::= I WHEREAS, a determination has been made that the county School Board of Roanoke County needs to institute a program of asbestos removal in certain school facilities; and WHEREAS, said School Board has identified certain major capital site and building improvements and renovations necessary to conduct an appropriate educational program; and WHEREAS, on July 13, 1989, the County School Board of Roanoke County adopted a resolution authorizing application to the Virginia Public School Authority for these purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the application of the County School Board of Roanoke County to borrow money to institute a program of asbestos removal in certain school facilities and to complete certain major capital site ànd building improvements and renovations is hereby approved and supported. BE IT FURTHER RESOLVED that this approval and support includes a sum of money not to exceed $1,115,000 for such purposes. FURTHER that the Clerk is hereby directed to forward a certified copy of this resolution to the County School Board of Roanoke County and the Virginia Public School Authority. On motion of Supervisor Nickens, seconded by Supervisor July 25, 1989 032 ====1 ==9 KOD~L~, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, McGraw, Nickens, Garrett NAYS: None 4.Authorization to execute a contract from Mental Health Service and $12.000 appropriation for Therapeutic Recreation Services. A-72589-6 Assistant County Administrator John Chambliss reported that since 1977, the State Mental Health Services has provided Roanoke County financial assistance for the mentally retarded recreation program services, primarily for personnel costs. Staff is requesting authorization to enter into a contract to expand the program to include adults with long term chronic mental illness difficulties. This will require a $12,000 appropriation that will be fully reimbursed by Mental Health Services of the Roanoke Valley. Supervisor Nickens presented a breakdown of users by locality of the Therapeutic Recreation Program and asked for support from the Board for requesting funds from other participating localities during next years's budget process. Supervisor Nickens moved to authorize execution of the contract. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None 03 3 July 25, 1989 ~ , ~ Authorization to participate in Vallevwide Library \ Automation System. A-72589-7 Mr. Chambliss reported that on June 27, staff presented a work session describing the library automation system that has been proposed for the Roanoke Valley libraries. Staff has been working with the other jurisdictions to develop the cost to the localities. Mr. Chambliss advised that staff recommends participation by Roanoke County. He announced that the universal library card will continue to be used, and outlined the positive aspects of participation by Roanoke County. The County's share of the funding is approximately $381,000. The Library Board has suggested that $60,000 be taken from the current library budget, and that the remainder be financed. The City of Roanoke has indicated a willingness to finance the cost of the system with Roanoke County repaying the balance over three years at a cost of $113,000 each year. In response to questions from the Board members, Mr. Chambliss advised that use of the $60,000 from the current budget could result in fewer books being purchasing and that the library system will be the responsibility of a committee from each participating library. Supervisor Garrett pointed out that Roanoke County has concerns about participating in this project not because of lack of funds, but because the County would prefer to fund these July 25, 1989 034 ==i ~ þLvject6 through the normal bUdget process. Supervisor Robers moved that the City of Roanoke contract for the automated library system, allocating $60,000 from the Library budget to cover the County's share of the costs and the first payment to Roanoke City, and the balance of $300,000 repaid to the City over the next three years. The motion was seconded by Supervisor McGraw. Supervisor Nickens expressed concern about the other projects in need of funding that were not presently being fully funded and offered a substitute motion that the County Administrator investigate and come up with an alternate funding source rather than the City's funding. There was no second and the motion died. Following additional discussion, Supervisor Robers' motion carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Garrett NAYS: Supervisor Nickens IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson announced that a new Executive Director had been hired at the Regional Airport and that plans are proceeding with the new Airport Terminal. Supervisor Robers advised that three new businesses have now located in Valleypointe and that another will be moving into the facility. He also announced that work is proceeding on the "Smart Highway" concept. 035 July 25, 1989 ~ Superv~sor McGraw (1) announced that he recently attended the NACo Conference in Cincinnati. (2) Advised that the Grayson Commission will meet shortly and will hold five public hearings beginning in September, after which they will have legislation to offer the State regarding the Cities, Counties and Towns. t::::= >-- >-- !. IN RE: CONSENT AGENDA R-72589-8 Supervisor Johnson moved to approve the Consent Agenda. The motion was seconded by Supervisor following recorded vote: and carried by the AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 72589-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 25, 1989, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Ratification of revision to the By-laws of the Mental Health Services of the Roanoke Valley. July 25, 1989 036 ---, 2. Acceptance of stone Mill Drive, Millwheel Drive, Falcon Ridge Road and Kildeer Circle into the Va. Department of Transportation Secondary System. 3. Request for acceptance of water and sewer facilities serving Oakcliff Townhouses. 4. Request for acceptance of Fallowater Lane into the Virginia Department of Transportation Secondary System. 5. Donation of a sewer easement from LOBO Investors to the Board of Supervisors. 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, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 72589-8a RATIFYING THE REVISIONS TO THE BY-LAWS OF THE MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Title 17.1 Chapter 10 of the Code of Virginia requires ratification by the participating local governments of any revisions to the by-laws of the Mental Health Services of the Roanoke Valley, and WHEREAS, on June 22, 1989, the Board of Directors of OJ7 .~ July 25, 1939 the Mental Health Services of the Roanoke Valley passed revisions = 1::::::= to their by-laws; and WHEREAS, the organization is now requesting that the Roanoke County Board of Supervisors ratify these revisions as required by the Code of Virginia. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County has reviewed the By-laws of the Mental Health Services of the Roanoke Valley and ratifies the revisions passed by the Board of Directors. On motion of Supervisor JOhnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 72589-8.d REQUESTING ACCEPTANCE OF FALLOWATER LANE 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 Fallowater Lane from its intersection with Starkey Road (Route 904) to the existing end of State Maintenance on Fallowater Lane (Route 795) for a distance of 0.32 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. July 25, 1989 03 8 = ==! 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map/maps known as Tanglewood Executive Park which map was recorded in Plat Book 10, Page 112, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 30, 1987 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 property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Fallowater Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street 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, McGraw, Nickens, Garrett NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ~ Burle Wright. 4503 Keefer Road S. W. requested improvements to Keefer Road. Fred Altizer, Resident Engineer with the Virginia Department of Transportation was present and 039 July 25, 1989 aav~sed that the road is in need of repairs; however, due to the = F= rainy weather, the road has not been dry enough to proceed. 2. David B. Clayton. 1129 Greenhurst Avenue, Roanoke City, Chairman of Valleywide Anti-Drug Association requested support from County for his organization and their September 16 Rally at Victory stadium on drug awareness. He described the plans for the rally. Supervisor Garrett moved to ask the staff to prepare the necessary support. The motion was seconded by Supervisor Robers. Supervisor Nickens amended the motion that a resolution of support be spread in the minutes. The amended motion carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 72589-13 SUPPORTING THE GOALS OF THE VALLEYWIDE ANTI-DRUG ASSOCIATION WHEREAS, the Roanoke Valley is experiencing an increase in the use of drugs, and WHEREAS, the negative results of drug usage such as increased crime, domestic violence and battered and neglected children is not limited to anyone locality but is a problem shared by all localities; and WHEREAS, solutions to the serious problem must be found July 25, 1989 04 n ' ~ througn a comm~tment of many agencies and citizens, working together to eliminate this threat to our communities. THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the efforts of the VALLEYWIDE ANTI-DRUG ASSOCIATION and its public awareness program. FURTHER, The Board of Supervisors of Roanoke County, Virginia wishes to express its appreciation to this organization for focusing attention on this very serious problem. On motion of Supervisor Garrett, seconded by Supervisor RObers, and upon the following recorded vote: AYES: Supervisors Johnson, RObers, MCGraw, Nickens, Garrett NAYS: None 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: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 1. Accounts Paid - June 1989 2. Capital Fund Unappropriated Balance 3. General Fund Unappropriated Balance 4. Board Contingency Fund 041 July 25, 1989 ~ 1::= IN RE: WORK SESSION ~ Affirmative Action Plan A-72589-l2 Director of Human Resources Keith Cook advised that the draft plan had been circulated to constitutional officers and department heads. He described the segments of the plan and the changes since the plan was brought to the Board on July 11. In response to a question from Supervisor Robers, Mr. Cook advised that no additional personnel will be required for implementation of the plan unless the County begins a training program. Supervisor Garrett moved to adopt the Affirmative Action Plan. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: EXECUTIVE SESSION At 4:10 p.m., Supervisor Garrett moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (7) to discuss actual or probable litigation regarding Dixie Caverns, consolidation, and Haggerty et al v. Kavanaugh. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett July 25, 1989 042 - NAYS: None ===1 , IN RE: CERTIFICATION OF EXECUTIVE SESSION R-72589-9 At 5:40 p.m., Supervisor Johnson moved to return to open session. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, MCGraw, Nickens, Garrett NAYS: None RESOLUTION 72589-9 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 July 25, 1989 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: l. Only public business matters lawfully exempted from ,04 3 July 25, 1989 - open mee~ing requirements by virginia law were d1, SCli" , executive meeting which this certification resolutio: , and F=== 2. Only such public business matters as were i in the motion convening the executive meeting were hE discussed or considered by the Board of supervisors c County, Virginia. On motion of Supervisor Johnson, seconded 1 McGraw, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nicke: NAYS: None IN RE: RECESS At 5:41 p.m., Chairman Garrett declared a c recess. EVENING SESSION (7:00 P.M.) IN RE: PUBLIC HEARINGS 789-1 Petition of Spradlin Petroleum requ~" rezoning from B-2 Business to B-3 ?,. a tract containing .848 acre and the west side of U. S. 220 200 fE its intersection with Valley Dri"\ J Cave Spring Magisterial District. FROM MAY 23, 1989 AND JUNE 27, lS.;:: This petition was withdrawn by Spradlin Pet 789-2 Petition of Samuel R. Carter III Special Use Permit to operate a F~~ construction debris landfill on a July 25, 1989 044 ~ tract located on the south side of West Main street approximately 0.3 mile from its intersection with Pleasant Run Drive in the Catawba Magisterial District. ( CONTINUED FROM JUNE 27, 1989) ------- ~ Mr. Harrington presented the staff report, advising there have been changes to this petition since it was first heard on June 27. Mr. Carter had agreed to four conditions and is willing to agree on a time limit for the use of the landfill and to seeding requirements. He has also agreed to conditions that the Planning Commission recommended regarding the hours of operation and the materials allowed in the landfill. The Planning Commission moved to deny the petition, but the motion to deny was defeated by a four to one vote. Two citizens spoke in opposition to the petition. 1. patricia Allen, 553l Scenic Drive was opposed because of the potential for future drainage problems and devaluation of property. 2. Paul Bratton, 6092 Twine Hollow Road, representing Big Hill Baptist Church, also expressed concern about potential drainage problems. In response to a question from Supervisor MCGraw, Mr. Harrington advised that Mr. Carter has an erosion permit that he must abide with and that he will have a site plan to address the possible drainage problems. Samuel Carter was present to answer questions and explained what they planned to do. In response to a question 045 July 25, 1989 Irom supervisor RObers, he advised that they began using the landfill before approval because they thought they had followed - - t:::::::: the proper procedures through the County. Supervisor Nickens moved to grant the petition with conditions outlined in the staff report and Mr. Carter's letter. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None CONDITIONS 1. The material to be landfilled shall be limited to broken concrete, asphalt, brick, block, dirt and stone only. 2. A fast growing evergreen species (such as Layland Cypress) shall be planted along U. S. 460 where the active areas are evident from the road. 3. Any rubble material (broken concrete, block, brick or asphalt) shall be covered at least one a month. 4. The operator of the landfill shall instruct personnel to access the site from the Dixie Caverns Exit on I-81 and discourage u-turns on U. S. 460. 5. The hours of landfilling activity shall be undertaken only between the hours of 7:30 a.m. and 5:30 p.m., Monday through Saturday. 6. Operations will cease after December 31, 1992 and petitioner will seed any needed areas, and remove and fence in the gate until such time as the fill would directly lead to an July 25, 1989 046 ===:¡ ===I approved cons~ruc~~on project. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 789-3 Petition of Georqe M. and Mary H. Vandergrift requesting vacation of a portion of Jones Street shown on a previously platted subdivision referred to as Section 1, Dwight Hills, recorded on May 22, 1947. 0-72589-10 Director of Development and Inspections Arnold Covey advised that since the first reading of the Ordinance the Utility Department has met with the Vandergrifts and the 20 foot easement will be reduced to 12-1/2 feet. The staff recommends adoption of the ordinance with a 12-1/2 foot water and sewer easement. Supervisor Nickens moved to adopt 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 ORDINANCE 72589-10 VACATING A 25-FOOT UNIMPROVED RIGHT- OF-WAY KNOWN AS "JONES STREET", SECTION 1, DWIGHT HILLS WHEREAS, Charles M. and Mary N. Vandergrift have re- quested the Board of Supervisors of Roanoke County, Virginia to vacate a 25-foot unimproved right-of-way known as "Jones Street" as shown in Plat Book 3, at page 5 of record in the Clerk's Office of the Roanoke County Circuit Court; and, 04 7 July 25, 1989 WHEREAS, Section 15.1-482 (b) of the 1950 Code of = 1::::::= Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on July 11, 1989; and the public hearing and second reading of this ordinance was held on July 25, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 25-foot unimproved right-of-way known as "Jones Street" (from the intersection of Jones Street and Nover Avenue east approximately 130 feet) of record in Plat Book 3, at page 5, Section 1, Dwight Hills in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section l5.l-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this or- dinance, a twenty 12.5-foot water/sewer easement be retained by Roanoke County as shown on the attached map dated 6/7/89 prepared by the Roanoke County Engineering Department; 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Charles M. and Mary H. Vandergrift shall July 25, 1989 048 ~ ~ ~eo~Là a cerLitied Cv~y vr this ordinance w~th the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Nickens to approve and amend to reflect 12.5 foot easement, paragraph 2, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisor JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance acceptinq an offer for and authorizinq the conveyance of surplus real estate on Route 1832 (Barrens Road) to the Virginia Department of Transportation. Mr. Mahoney presented the staff report, and advised that VDOT has offered $3,695 for the acquisition so that they may make improvements to Barrens Road. Supervisor Johnson moved to approve first reading of 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 IN RE: SECOND READING OF ORDINANCES ~ Ordinance providinq for the establishment of the 049 July 25, 1989 üeneral D~strict Court Driver Improvement Program and providing 1== F=== for the supervision and control of such proqram. 0-72589-11 Mr. Mahoney presented the staff report. There was no discussion. 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, McGraw, Nickens, Garrett NAYS: None ORDINANCE 72589-11 PROVIDING FOR THE ESTABLISHMENT OF THE "GENERAL DISTRICT COURT DRIVER IMPROVEMENT PROGRAM" AND PROVIDING FOR THE SUPERVISION AND CONTROL OF SUCH PROGRAM; AND PROVIDING FOR AN EMERGENCY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is desirous of authorizing the "General District Court Driver Improvement Program," in cooperation with the Roanoke Valley Alcohol Safety Action Program; and WHEREAS, the "General District Court Driver Improvement Program" to be established by the General District Court, Twenty- third Judicial District, will be self-supporting, operating from money collected as fees from program participants, and will not involve expenditure of any funds appropriated by the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors July 25, 1989 050 = 01 RVc1uok.e County, virginia, as follows: 1. The establishment of the "General District Court Driver Improvement Program" by the General District Court, Twenty-third JUdicial District, be, and hereby is, ratified, confirmed, and approved. 2. Such program shall be administered by the Chief JUdge of the General District Court, Twenty-third JUdicial District, through the Roanoke Valley Alcohol Safety Action Program in accordance with the provisions of the Code of Virginia, as amended, with participation restricted to referrals from the General District Court. 3. The "General District Court Driver Improvement Program" shall be self-supporting and operated wholly from funds collected as fees from program participants, with each person participating in the program to be required to pay a fee of $30.00, or such other sum as may be fixed pursuant to law for participating in this program. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. On motion of Supervisor Garrett, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 05 1 July 25, 1989 i::= IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Ed Kohinke. Sr.. Vice President. Mason Cove civic Leaaue advised that if Bradshaw Road is used as access to the Smith Gap Landfill site, this si~e will not impact the least ¡, number of people. He,'~ncouraged the Board to prohibit the use of -, Bradshaw Road as the access road" approve using Smith Gap as the access and the building of a new road to the site. Mr. Hodge reviewed the technical scoring of the sites and advised that the Smith Gap site scored the highest. ~ Wayne Dutton. 2801 Neil Drive spoke concerning drainage problems between his property and others and raw sewage problems as a result of flooding. utility Director Clifford Craig reported that the sewage problems were due to the Peters Creek substation overflowing. Mr. Hodge responded that he will have the Engineering staff check on the drainage problems. h Mrs. H. M. Guthrey. 1293 Goodwin Avenue spoke concerning junk and junked vehicles on property owned by William Lee County Attorney Paul Mahoney advised on how the problems was being handled in the court system. Staff will continue to check on the zoning violations. July 25, 1989 05 2 ---' IN RE: AW UU.t<.NMENT - At 8:20 p.m. Chairman Garrett moved to adjourn to 8:00 a.m. July 28, 1989 at the Holiday Inn Tanglewood for the purpose of a Board of Supervisors Retreat. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. ..... ~ \ ~.. ,. Chà~rman F== =