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HomeMy WebLinkAbout1/13/1987 - Regular January 13, 1987 , :2 6 7 _'~.~"'_'_~___'''_.''_''" _..._u_________~_ < ",~. ..·.c ,.~,....___ ,_~.".._,_. . ..-. -........,. -....'---'-'-- .~~..._' .".~,'-~--<.~' ,. '. .,,'_.~_,.___~.. _ ~ ,~.._.._~ ',.,0'_"__' .._._.. ".u.~ . '- ~.__.----~..... . .__._._._n._..__<_,~_._._..~' '_.,' ,,_. , .~- ._,--- -.. " Roanoke County Board of Supervisors Roanoke County Administration Cente 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 13, 1987 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 January, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 2:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson; Vice-Chairman Lee Garrett; Supervisors Alan H. Brittle, Steven A. McGraw and Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator of Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator of Communit Development; Paul M. Mahoney, County Attorney; D. Keith Cook, Director of Human Resources; Mark Light, Training Officer; Clifford Craig, Director of utilities; Joh A. Peters, Traffic and Roads Coordinator; Mary H. Allen, Acting Deputy Clerk; Janet Holt-Johnstone, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by The Reverend Clarence Tyree, Staunton Avenue Church of God. The Pledge of Allegiance was recited by all present. '2;6,'8 January 13, 1987 N RE: COUNTY ADMINISTRATOR'S COMMENTS Mr. Hodge announced that Better Livinq 1987, produced For the Salem-Roanoke County Chamber of Commerce, is now flvailable. Mr. Hodge also recognized John Schaer, Manager of C&P Pelephone Company. He thanked Mr. Schaer for his assistance to ~oanoke County, particularly in supplying a truck to decorate the ~hristmas Tree. N RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. The County Administrator requested that Item E-ll þoncerning the proposed settlement of litigation with Friendship ~anor be added to the agenda. Prior to this item, he also equested an Executive Section pursuant to the Code of Virginia ~.1-334 (a) (6) to discuss legal matters regarding the proposed :iettlement. N RE: NEW BUSINESS 1. Ratification of the Horse Center Advisory ~ommittee - Supervisor McGraw explained that this committee ~ill be involved in the proposed Green Hill Park Horse Center. Phey will be involved in fund raising and assisting in the =stablishment of the Horse Center. He introduced the members as ollows: Bobbi Camper, Ginny Feltner, Lowell Gobble, Steve lcBroom, La ura orris, Don Osborne, Pat Smith and Don Sutton. He also announced hat Eldon Karr will be assisting the group at no charge. Don ~utton, a member of the committee, described the plans that the he committee hoped to undertake. .2'~6 9 . '. ~ J January 13, 1987 -"-_._",'~-"''''~-'''---~'-' - .' _'~--~~"__"_~'--'" " ---"'-"'..--',,-."- .... -_. -','-""- ~.- . .'..-_. ._~~_... u ..,_.__ _."~ .... .'.'_ '·,v. . 0"'-_· __..~.._,.....,_~._..__" Supervisor Garrett moved to ratify the members of the Horse Center Advisory Committee. The motion was seconded by Supervisor Brittle and carried by the following roll call vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Establishment of Count Year 1987 - D. Keith Cook, Director of Human Resources presented the recommended holiday calendar for 1987. He stated that since som Constitutional Officers are mandated to follow state holidays, the County would follow the same procedure in the future to ensure that all County employees receive the same number of holidays. However, if all offices, including the Constitutional Officers agreed, Veterans Day on November 11 could be replaced with the Friday after Thanksgiving. The following schedule was presented for the Board's approval: New Year's Day January 1 Lee-Jackson-King Day 3rd Monday in January George Washington Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Election Day Tuesday following 1st Monday in November Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 -"- and any day appointed by the Board of Supervisors or the Governor of Virginia as a legal holiday or for State or County offices to close. Supervisor Nickens moved that the recommended holiday schedule be adopted for 1987 with the stipulation that a ,~70 January 13, 1987 determination be made no later than April 1, 1987 concerning the replacement of Veterans Day with the day after Thanksgiving. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisor Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Request for Funding for "Utilization of Volunteer Resources" Traininq Seminar - Mark Light, Training Officer for the Fire and Rescue Department described the seminar which will be conducted by the "Management Development Institute M.D.I. Inc. on April 11 and 12 at Virginia Western Community College to train both the volunteer and career personnel. He requested that $2,500 be allocated from the contingency fund for this training seminar. Supervisor McGraw moved that the $2,500 be allocated to fund the "Utilization of Volunteer Resources" training seminar. The motion was seconded by Supervisor Brittle and carried by the following roll call vote: AYES: Supervisor Brittle, Garrett, McGraw, Johnson NAYS: None ABSTAIN: Supervisor Nickens 4. Request for Funding of Planning/Goal Settinq Work Sessions - County Administrator Elmer Hodge announced that these work sessions will be held for both key staff members and the Board of Supervisors at Bernards Landing. The first session will be January 22 and January 23. The second session will be January 24 and 25. He requested that $6,500 be allocated from the Contingency Fund for this expense. Mr. Hodge pointed out that the Board did not attend the National Association of Counties meetings this year, and thus saved the funds usually expended for that purpose. January 13, 1987 J~,. ] -,---~,.,-~.._--,. -'--',' ""'~""---'--"'~"--'-"'" ,-~."_."" , .__..-..~--' ."',' -,"_.~~'.- .. , 'Y-'- ....._.".... ".~ _.__, ...--_.._.._..-.._.....__....... Supervisor Brittle moved that $6,500 be appropriated from the Contingency Fund for the Planning/Goal Setting Work Sessions. The motion was seconded by Supervisor Garrett and carried by the following roll call vote: AYES: Supervisor Brittle, Garrett, McGraw, Johnson NAYS: Supervisor Nickens 5. Offer to Purchase Homewood #2 Well Lot - Director of Utilities Clifford craig reported that the County has receive a request from Mrs. Mary Ann Schurmann to purchase the Homewood No. 2 well lot, located off Roselawn Road. The County purchased this lot from them in 1978. Although the well, which produces 100 gallons of water is not being used, the county desires to retain the well for possible future use. Therefore, Mr. craig recommended that the Board deny the Schurmann's offer to purchas the well. Mr. Robert E. Schurmann, 6001 Roselawn Road was presen at the meeting and gave the Board a copy of a plat showing the # well lot. His family owns several parcels of land and they wish to subdivide the property, but the well lot is right in the middle. Since the County does not presently use the well, he would like to purchase the lot. Supervisor Garrett moved to deny the offer to purchase Homewood Well Lot #2. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 6. Appearance Improvement Proqram for Roanoke County _ Timothy Gubala, Assistant County Administrator for Community Development, announced that the Planning Commission had voted to adopt the concept of an Appearance Improvement Program for the purpose of enhancing the visual physical environment of Roanoke , 2.Z~ i January 13, 1987 County. This program would be implemented by an Appearance Improvement Commission appointed by the Planning Commission, and would require funding of $500 for operating expenses and $2,900 for staff. Mr. Gubala pointed out there is presently no money in the budget for this program but it could be included in future budget considerations if the Board desired to implement the program. Supervisor Brittle moved to receive and file the report for future consideration. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None ¡ 7. Approval of Ten Year APCO Street Light Agreement John Peters, Traffic and Roads Coordinator announced that the 10 year agreement with Appalachian Power expires at the end of January 1987. This contract guarantees to APCO that Roanoke County will maintain a certain quantity of street lights for a period of 10 years. The new contract specifies that Roanoke County will maintain at least the same number of fixtures in place as on December 16, 1986. County Attorney Paul Mahoney requested that this agreement be reviewed by his office prior to execution. Supervisor Brittle moved that the Board authorize the County Administrator to execute the agreement after review by the County Attorney. The motion was seconded by Supervisor McGraw and carried by the following roll call vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 8. Approval of the Road Bond Priority List - John Peters, Traffic and Roads Coordinator reported that Roanoke "". I .þ January 13, 1987 _! '~''?J1_ " --.. .~'"-"._~". ... County has now received funds from the virginia Department of Transportation in the amount of $500,000 matching with the $500,000 allocated from the 1985 Bond. In addition, there is no $56,967 in unmatched funds available for road improvements. Mr. Peters presented the Priority List for both the matched and unmatched funds for approval. Supervisor Garrett moved that the Board approve the staff recommendations concerning the Priority List for road improvements. Supervisor McGraw seconded and the motion carried by the following roll call vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 9. Report on Road Improvements in the Hollins Community Project - John Peters, Traffic and Roads Coordinator reported that Roanoke County has sufficient Rural Addition Funds available to improve the connecting road between Route 1890 and 1905 in the Hollins Community. He requested that the Roanoke County Rural Addition Priority List be revised to include these improvements and that the County Administrator be authorized to execute a supplemental County/State Agreement to administer the construction of the connecting road. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded and carried by the following role call vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 10. Dedicatinq Additional Riqht of Way for Commonwealth Drive in the Southwest Industrial Park - John Peter stated that the County is developing an industrial park behind Penn Forest Elementary School. As part of the transfer to the County from the owner, a 40-foot strip was dedicated along the school board property with the understanding that the County , 27 A January 13, 1987 Nould obtain a 10-foot additional right of way from a well lot. ~r. Peters requested that the Board authorize the dedication of he additional ten feet so that Commonwealth Drive may qualify or state maintenance. Supervisor Brittle moved that the County Administrator be authorized to execute the necessary deed to dedicate the right þf way for Commonwealth Drive. The motion was seconded and ~arried by the following recorded vote. ~YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson ;\lAYS: None ~N RE: EXECUTIVE SESSION At 3:00 p.m. Supervisor Johnson moved to go into 8xecutive Session pursuant to the Code of Virginia Section Þ..1-344 (a) (6) to discuss legal matters concerning Friendship ~anor. The motion was seconded by Supervisor Brittle and passed lnanimously by voice vote. [N RE: OPEN SESSION At 3:40 p.m. Supervisor Johnson moved to go into Open Session. The motion was seconded by Supervisor Brittle and :arried unanimously by voice vote. II. Settlement of Taxation Issue with Friendship ~nor - County Administrator Elmer Hodge announced that a settlement has been proposed by Friendship Manor and negotiated I1i th County taff and the attorneys representing both parties. This ~greement calls for a combination of taxes and services fees þased on the assessed value of real estate and operations of ~riendship Manor. The settlement offer for the year ending June 30, 1987 will be $125,000. Taxes will be applied to those unctions that are clearly business operations. Apartments which re occupied by the elderly and handicapped who require medical ~ '2-'7 5 January 13, 1987 --_.~..__.-.-. --..-""--.^..'.. ... ~_._-,~",.,,-_.,-.~. .." care will not be taxed, but charged a 20 percent service fee. Friendship Manor has requested that all taxes, penalties and interest prior to July 1, 1986 be exonerated. The Board has als been asked to assist in resolving the issue with the state in this session of the General Assembly. Mr. Hodge recommended tha the Board accept this settlement offer and that they provide Friendship Manor with assistance with the General Assembly. Supervisor Nickens requested an opportunity to make a statement concerning this issue. He requested that a stipulatio be included in the settlement document that would cause the agreement to be voided if prospectively the 501C3 status of the plaintiffs is revoked by proper authorities. Dr. Nickens stated he would attempt to obtain a ruling from the Attorney General as to whether the Board of Supervisors has the authority in the settlement of pending litigation respecting taxation of an alleged tax-exempt institution to forgive taxes already assessed against such institution. He further stated that he would oppose the proposed settlement with Friendship Manor. Mr. Johnson rebutted that he felt that some of their operations are clearly tax-exempt while others were clearly taxable. He congratulated the County Administrator on the settlement that had been worked out. Supervisor Brittle moved that the Board authorize the County Administrator to move forward with the proposed settlemen on the Friendship Manor litigation. Supervisor McGraw seconded and the motion carried with the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Johnson NAYS: Supervisor Nickens IN RE: FIRST READING OF ORDINANCES , 27fl January 13, 1987 1. Ordinance accepting an offer for and authorizing the conveyance of surplus real estate, Old Bent Mountain Fire Station. County Attorney Paul Mahoney reported that a written - þffer had been received to purchase the Old Bent Mountain Fire Station within the perimeters of the fair market value. Any other citizen may come forward prior to the next reading with a written offer. The Second Reading will be held on January 27, 1987. 2. Ordinance authorizinq the acquisition of .017 acre of real estate from the Catawba Hospital. Mr. Mahoney reported this would authorize the County ~dministrator to execute the documents necessary to acquire a small piece of real estate to expand the fire state in the area. ~he Second Reading will be held on January 27, 1987. IN RE: SECOND READING OF ORDINANCES - 1. Ordinance authorizinq the grant of a property interest in exchanqe for the release of a reversionary interest with Mason Cove Civic Club, Inc. Mr. Mahoney stated this would authorize the County ~dministrator to execute the necessary documents to have the Civic Club release their revisionary interest in this property. Supervisor McGraw moved the prepared ordinance. The motion was seconded by Supervisor Brittle ORDINANCE 11387-l2 AUTHORIZING THE GRANT OF A PROPERTY INTEREST IN EXCHANGE FOR THE RELEASE OF A REVERSIONARY INTEREST WITH MASON COVE CIVIC CLUB, INC. BE IT ORDAINED by the Board of Supervisors of Roanoke -' ~ounty, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the ~harter of Roanoke County a first reading concerning the acquisi- ion of the hereinabove described real estate was held on ·t .2,7 7 January 13, 1987 . ~-<>..,...._,._---'-"- ".".-......- '--~""-- ..,._...^".~ __" ,.n ._.,.~ --....."." December 16, 1986. The second reading on this matter was held 0 January 13, 1987. This real estate, including improvements, is identified by Roanoke County Tax Map No. 15.02-4-1; and 2. That the County shall acquire this real estate pur suant to the terms of an agreement entered into between the Boar of Supervisors of Roanoke County and the Mason Cove Civic Club, Inc. This agreement provides in part that the Civic Club will release their reversionary interest in said property in exchange for guaranteed use of a community meeting room in the new recrea tional facility or its equivalent in that portion of the County. 3. 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 acquisition of said real estate, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor McGraw, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Ordinance authorizinq the lease of 10.40 acres of real estate to Oscar Wilford Hall and Josephine Musser Hall. Mr. Mahoney stated this is a portion of the Spring Hollow Reservoir Project and was purchased from the Halls. A proposed lease has been negotiated with the Halls with a fair market value on the lease, allowing them to continue to lease th property until it is needed. The ordinance allows the County Administrator to execute the lease. Supervisor McGraw moved the prepared ordinance. The motion was seconded by Supervisor Brittle. ORDINANCE 11387-11 AUTHORIZING THE LEASE OF 10.40 ACRES OF REAL ESTATE TO OSCAR WILFORD HALL AND JOSEPHINE MUSSER HALL <1278- January 13, 1987 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of §18.04 of the Charter of Roanoke County a first reading concerning the acquisi- tion of the hereinabove described real estate was held on December 16, 1986. The second reading on this matter is sche- duled for January 13, 1987. 2. That the County has acquired this real estate from Oscar Wilford Hall and Josephine Musser Hall. This real estate consists of approximately 10.40 acres of real estate with improve- ments, identified by Roanoke County Tax Map No. 73.00-1-6 for the Spring Hollow Reservoir project. 3. That it is in the County's best interests to lease this property back to the sellers in order to safeguard the va 1 u- ß.ble improvements thereon; and to receive fair market va I ue lease payments until such time as it is necessary to utilize said pro- Þerty for the reservoir project. This lease is subject to the ~rovisions of §15.1-260 and §15.l-26l.l of the Code of Virginia, 1950, as amended. 4. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke :ounty as are necessary to accomplish this transaction, all of Nhich shall be upon a form approved by the County Attorney. ø · .2V'9 January 13, 1987 --..__._....~--^ -,-,. ~-~_._.- u. _'~'~""_."".. _. ._..._.S"_..·____·_,,······~·····"··_· .. -"._._---~. ".-'^,.._" " _ ·._.·._··N_·"_··h~.__.....···__,,·_~···· _.. . On motion of Supervisor McGraw, and seconded by Supervisor Brittle, and upon the following role call vote. AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1. Building Code Board of Adjustments and Appeals - Supervisor Nickens nominated Wilmore T. Leffell, vinton Magisterial District for another four-year term. 2. Community Corrections Resources Board - Supervisor Johnson nominated Bernard Hairston to the one-year unexpired ter of Michael J. Lazzuri who has resigned. Supervisor Brittle wished to point out for the record Dr. Hairston's background. Dr. Hairston is Dean and Assistant Principal of the vocational School at Patrick Henry High School 3. Court Service Unit Advisory Council - Youth and Family Services Advisory Board - Supervisor Nickens nominated Hoyt Rath, vinton Magisterial District to another two-year term. 4. Recreation Commission - Supervisor Nickens nominated Ed Reynolds, vinton Magisterial District to fill the unexpired three-year term of James H. Daughtridge who has resigned. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McGraw - Announced he has received several requests to strengthen the noise ordinance. He requested the County Attorney to investigate the cost of a decibal meter, whic could possibly be shared by all area localities. He requested that this issue placed on a future agenda for board discussion. '280 January 13, 1987 Supervisor Johnson - Requested that the County Administrator investigate the feasibility of having board meetings televised on cable television. Supervisor Johnson also requested a pilot study, possibly coordinated with the Clean Valley Committee, to begin a recycling project in Roanoke County. He requested a work session before the final budget which would include the financial implications. IN RE CONSENT AGENDA Supervisor Johnson requested that the minutes of the meeting for January 5, 1987 be removed. Supervisor McGraw requested that Item 6 be removed for a separate vote. Supervisor Johnson moved that the Consent Agenda be approved with the exception of the January 5, 1987 minutes and Item 6. The motion was seconded by Supervisor Nickens. RESOLUTION NO. 11387-13 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for January 13, 1987, 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 7, inclusive, as follows: 1. Minutes of Meeting - October 28, 1986, December 16, 1986 2. Acceptance of water and sewer facilities in the Falls, Section 2 subdivision. 3. Confirmation of Committee Appointments to the Human Services Committee and the Regional Partnership Site Advisory Committee. 4. Acceptance of water and sewer facilities in Buckland Forest, Section 3. 5. Request to grant a drainage easement and an access easement on well lots in Castle Rock West, Section 3. January 13, 1987 , '2 '8 1 -~-'-"""-"."_._-'-' -_.-- ~'"'_F"""'__'_'_"_"_"____~" -"._ .' _,". .._,.~"__".._~~_.~,____..'~H_.W'__'.~_~_. .._...., m" ...._" ".._.._._.... '-. ,_ '__'_'".~__..,._~_~.'C.~""_ .-~, "_> .-.-,.,-...--.-'--...-....,-..--,,-.. -, 6. Request for a Bingo Permit from Loyal Order of Moose Lodge No. 284. 7. Acceptance of Streets in LaBelle vue Subdivision 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. Item 6 was deleted for a separate vote. On motion of Supervisor Johnson and seconded by Supervisor Nickens and uponth following recorded vote: AYES: Supervisors Brittle, Garrett, Nickens and Johnson NAYS: None ABSTAIN: Supervisor McGraw Items 1 through 5 and Item 7 was approved on motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REPORTS The following reports were received by the Board of Supervisors: 1. Youth Haven II Status Report 2. Economic Development Update 3. Contingency Fund Balance IN RE: EXECUTIVE SESSION Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1), (2), (6). The motion was seconded by Supervisor Brittle and carried by a unanimous voice vote. IN RE: OPEN SESSION ·r 2, 82 January 13, 1987 Supervisor Brittle moved to return to open session at 5:59 p.m. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. IN RE: ADJOURNMENT Chairman Johnson meeting at 6:00 p.m.