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HomeMy WebLinkAbout3/6/1987 - Special P 353 March 6, 1987 ._--'_.._--"---_.~.,~~-,~._~----<~,.._--- --_._--_...,..._-,_..__._,~-_._--_._--"..~-_.__. Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 March 6, 1987 The Roanoke County Board of Supervisors of Roanok County, Virginia, met this day at the Roanoke Count Administration Center, this being a special joint meeting wit the City of Salem on March 6, 1987 for the purpose of considerin the settlement of certain pending litigation, Akers, at ale v. County of Roanoke and City of Salem. The proper request an waiver for a special meeting are on file with the Deputy Clerk. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 9:0 a.m. He welcomed the Salem City Council and their staff to th Administration Center. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Le Garrett, Supervisors Alan H. Brittle Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None order. with. Mayor James Taliaferro called the Salem City Council t All members were present and the roll call was dispense PRESENT FROM THE CITY OF SALEM Mayor James Taliaferro, Vice Mayor W. Ma Green, Councilmen Howard Packett, Carl E Tarpley, Alexander M. Brown, Randolp Smith, Assistant City Manager, Stephe Yost, City Attorney STAFF PRESENT: Elmer C. Hodge, County Administrator; Pau M. Mahoney, County Attorney, Mary H. Allen Deputy Clerk IN RE: EXECUTIVE SESSION ':~ tS54 March 6, 1987 At 9:07 a.m., Supervisor Brittle moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (6) to discuss settlement of litigation. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None The Salem City Council also approved a motiion to go into Executive Session. IN RE: OPEN SESSION At 9:25, Supervisor Johnson moved to return to Open Session. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None The Salem City Council also made motion to return to Open Session. IN RE: SETTLEMENT OF LITIGATION Supervisor Johnson moved that the Roanoke County Board of Supervisors go on record in support of the Memorandum of Agreement by and between the City of Salem and the County of Roanoke, dated the 3rd day of March, 1987, concerning the settlement of annexation litigation, Akers, et al¡ v. County of Roanoke and City of Salem, and approve the prepared resolution. The motion was seconded by Supervisor Brittle. March 6, 1987 t-'S5'5 _____._''_n._.._._.____. ___.+. '____~_"._,__..___~_._____,.__,,_.~ ..- "'~"'-"'.'''._. "-_..,,, .. .~,- _.~.."---"--._- Chairman Johnson stated that it was difficult to agree to adjust the boundaries, but included in this agreement is a time period of six and a half years to work on the annexation problem, and hopefully it will be settled in the future by the Virginia General Assembly. RESOLUTION 3687-1 AUTHORIZING THE SETTLEMENT OF CERTAIN ANNEXATION LITIGATION WITH THE CITY OF SALEM, CONFIRMING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE COUNTY, AND DIRECTING THE PRESENTATION OF THIS AGREEMENT TO THE COMMISSION ON LOCAL GOVERNMENT WHEREAS, a Petition for annexation has been filed pur suant to Section 15.1-1034 of the Code of Virginia, 1950, a~ amended, in the style of Akers, et al. v. County of Roanoke and City of Salem; and WHEREAS, a separate Petition for annexation has beer filed pursuant to Section 15.1-1034, Code of Virginia, as amend- ed, on January 9, 1987, in the style of Hufford, et ale v. County of Roanoke and City of Salem; and WHEREAS, these Petitions are currently under review b' the Commission on Local Government; and WHEREAS, representatives of the City and the Count' have reached an Agreement concerning the pending annexatior actions and further defining the City's responsibilities regard ing annexations in the future. NOW, THEREFORE, BE IT RESOLVED by the Board of Super visors of Roanoke County, Virginia: 1. That the Memorandum of Agreement dated the 3rd da' of March, 1987, and signed by the Mayor of the City of Salem an< the Chairman of the Roanoke County Board of Supervisors is hereb' confirmed, ratified and approved. 2. That this Memorandum of Agreement is presented t< the Commission on Local Government for its report and recommenda tion. ~S51~ March 6, 1987 3. That the County Administrator is hereby authorized to take such actions as may be necessary to accomplish the pur- pose and intent of this Agreement. On motion of Supervisor Johnson, seconded by Supervisor Brittle, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Johnson, Nickens NAYS: None Salem City Council also approved adoption of the Memorandum of Agreement concerning the litigation by resolution. Mayor Taliaferro thanked Chairman Johnson for his candid remarks, and noted that annexation proceeding such as these are expensive for both localities, and that the settlement agreement will save a significant sum of money. IN RE: ADJOURNMENT At 9:35 a.m., Chairman Johnson adjourned the meeting for the Roanoke County Board of Supervisors. Mayor Taliferro adjourned the meeting for the Salem City Council. , Chairman Board of Supervisors