HomeMy WebLinkAbout12/1/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
RESOLUTION 120198-1 SUPPORTING FULL FUNDING OF HB 599 FOR LOCAL
POLICE DEPARTMENTS
WHEREAS, the General Assembly passed HB 599 in 1979 as part of a legislative
package intended to direct additional state financial assistance to cities in exchange for
the loss of authority to annex land in surrounding counties; and
WHEREAS, one type of state financial assistance included in HB 599 was payment
to cities, towns and counties with police departments, which was intended to compensate
for the disparity between state funding for local police departments and sheriffs' offices;
and
WHEREAS, the Virginia Code directs the Governor and the General Assembly to
increase the total amount of HB 599 funds to be distributed each year by the anticipated
percentage change in state general fund revenues; and
WHEREAS, funding for HB 599 was reduced from $80.5 million to less than $67
million in fiscal year 1992, and has remain frozen at that level since 1992; and
WHEREAS„ based on annual general fund growth rates, the total amount of HB
599 funding would have increased to $151 million by fiscal year 1999 if the state had
funded this program in accordance with state law; and
WHEREAS, if the state had funded this program in accordance with state law, the
County of Roanoke would currently be receiving $1,398,465 per year from the state
instead of $596,308, which it is currently receiving; and
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WHEREAS, by fiscal year 2000 the total amount of funding that the state would
have distributed to localities since the HB 599 program's inception if the law had been
observed will be $610 million; and
WHEREAS, the Commonwealth benefits when the relationship between the state
and its local governments is based on mutual trust and support;
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Governor and General Assembly should develop a plan to fully
fund HB 599 by the year 2000, and that the amendments to the 1998-2000 budget enacted
during the 1999 General Assembly should include a substantial increase in this program
beginning in fiscal year 1999.
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County,
Virginia opposes any legislation that would remove restrictions on annexation if HB 599
is not fully funded.
BE IT FURTHER RESOLVED, that the Clerk to the Board of Supervisors is directed
to forward copies of this resolution to Governor Jim Gilmore, the chairs of the Senate
Finance Committee and House Appropriations Committee, the chairs of the public safety
subcommittees, the Roanoke Valley General Assembly delegation and Betty Long, VML.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
2
A COPY TESTE:
,�• Ct.1.l�r✓
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
J. R. Lavinder, Chief of Police
The Honorable James S. Gilmore, III, Governor
Roanoke Valley General Assembly Delegation
The Honorable A. Victor Thomas
The Honorable C. Richard Cranwell
The Honorable Clifton A. Woodrum
The Honorable H. Morgan Griffith
The Honorable Malfourd W. "Bo" Trumbo
The Honorable John S. Edwards
Senate Finance Committee Co -Chairs
The Honorable Stanley C. Walker
The Honorable John H. Chichester
House Appropriations Committee Co -Chairs
The Honorable Vincent F. Callahan, Jr.
The Honorable V. Earl Dickinson
The Honorable Paul D. Fraim
The Honorable John Hamlin
The Honorable James P. Council, III
The Honorable Wilbert Bryant
The Honorable Viola D. Baskerville
The Honorable Whittington W. Clement
The Honorable Charles D. Crowson, Jr.
The Honorable Robert F. McDonnell
The Honorable Riley E. Ingram
The Honorable A. Victor Thomas
The Honorable John H. Rust
The Honorable Mitchell Van Yahres
The Honorable Richard J. Holland, Senate Finance Public Safety Subcommittee
Chair
The Honorable Robert S. Bloxom, House Appropriations Public Safety
Subcommittee Chair
Betty Long, Virginia Municipal League
3
A-120198-2
ACTION NO.
ITEM NUMBER: �—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER
MEETING DATE: December 1, 1998
AGENDA ITEM: Request for acceptance of $28,380 grant from the Department of Criminal
Justice Services for drug enforcement in the County high schools
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The Roanoke County Police Department applied for renewal of a grant to enhance drug enforcement
in the County high schools and within the student age group for fiscal year 1998-1999. The grant
has been approved by the Department of Criminal Justice Services (DCJS) in the amount of $28,380.
SUMMARY OF INFORMATION:
The grant provides funds for overtime to allow officers to work past their regular hours to conduct
criminal investigations involving the sale of controlled substances by or to persons within the high
school and middle school age group, as well as directed patrols which target drug activity. The grant
also provides some assistance with funding used to make undercover drug purchases while
conducting these investigations.
FISCAL IMPACT:
The grant is for $21,285 in DCJS federal funds (75%) and $7,095 in local funds (25%). The criteria
of the grant requires a hard dollar match of local funds. The local match will come from Police
Department funds.
No
STAFF
RECOMMENDATION:
The Staff recommends acceptance of the grant from the Department of Criminal Justice Services.
SUBMITTED BY:,
J.rr inder
C f of Police
APPROVED:
,r
t�/YlLVGi / C-r`�
Elmer C. Hodge
County Administrator
ACTION VOTE
No Yes Absent
Approved (x) Motion by: Harry C. Nickens to approve Johnson _ x _
Denied () grant Harrison _ x _
Received () McNamara_ _ x
Referred () Minnix _ x —
To () Nickens _ x _
cc: File
J. R. Lavinder, Chief of Police
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
p,-120198-3
Item No. 4?E —3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VIRGINIA, ON TUESDAY,
MEETING DATE: December 1, 1998
AGENDA ITEM: Request for reimbursement to Economic Development Department
for expenses in the acquisition of properties on Westmoreland
Avenue
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Roanoke County acquired property on Westmoreland Avenue from Michael Rose and Kenneth
Keeney so access might be provided to the Home Depot project or any other development that might
take place in the area. The expenses for the acquisition of these properties were temporarily charged
to the Public Private Partnership Fund in the Department of Economic Development. This action
has reduced the amount of funds available for use with other economic development projects for the
remainder of Fiscal Year 1998-99. The total closing costs for the two properties reduced the
unappropriated balance in the Public Private Partnership Fund to $54,400.95. Staff requests that the
Board of Supervisors make an appropriation from the funds remaining in the Dixie Caverns Landfill
account in the amount of $285,743.99 and transfer these funds to the Public Private Partnership
Fund.
FISCAL IMPACT:
Replenishment of $285,743.99 to the Public Private Partnership Fund is being requested to cover
current and anticipated costs for ongoing economic development partnerships.
ALTERNATIVES:
Staff recommends that the Board of Supervisors appropriate $285,743.99 from the Dixie
Caverns Landfill account to the Public Private Partnership Fund (102320).
2. Take no action at this time and suspend any expenditures from the Public Private Partnership
Fund until the Board of Supervisors considers and approves the Budget for Fiscal Year 1999-
2000.
r
-
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors appropriate $285,743.99 from the Dixie Caverns
Landfill account to the Public Private Partnership Fund.
Respectfully submitted:
/ d
Timothy W ubala, Director
Department of Economic Development
ACTION
Approved:
Elmer C. Hodge
County Administrator
VOTE
No Yes Absent
Approved (x) Motion by: H. Odell Minnix to approve Johnson _
Denied () $287,743.99 reimbursement from Dixie Harrison
Received () Caverns Landfill account to Public Private McNamara_
Referred () Partnership Fund Minnix
To () Nickens
cc: File
Timothy W. Gubala, Director, Economic Development
Diane D. Hyatt, Director, Finance
Arnold Covey, Director, Community Development
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
RESOLUTION 120198-4 TO ADVANCE FUNDS FOR CERTAIN
EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION
WITH THE ACQUISITION, RENOVATION, CONSTRUCTION AND
EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR
SCHOOL PROJECTS
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County Board") adopted a resolution on August 19, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, the School Board (the "School Board@) of the County of Roanoke,
Virginia (the "County") adopted a resolution on August 28, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, The School Board requested an advance of $ 50,000 on September
11, 1997 for environmental assessments, advertising costs for architects and engineers,
core drillings, and other costs related to the acquisition of land in South County, and
WHEREAS, the County Board approved this $50,000 advance on September 23,
1997, and
WHEREAS, the School Board requested an additional advance of $1,721,200 on
November 13, 1997 to hire architects to design various school projects, and
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WHEREAS, the County Board approved this $1,721,200 additional advance on
November 18, 1997, and
WHEREAS, the School Board requested an additional advance of $130,000 on
November 13, 1997 to hire architects to begin renovations to the science labs, and
WHEREAS, the County Board approved a $104,000 additional advance on
December 16, 1997, and
WHEREAS, the School Board requested an additional advance of $200,000 to hire
contractors to begin a roof replacement program, and requested the amendment of Exhibit
A of County Resolution 081997-1 to appropriately reflect the roof replacement program
included in the Blue Ribbon Commission Report, and
WHEREAS, the County Board approved this $200,000 additional advance on April
28, 1998, and the amendment to Exhibit A of County Resolution 081997-1, and
WHEREAS, the School Board requested additional advances of $2,454,420 to
begin construction at Clearbrook Elementary and $2,517,100 to begin construction at
Burlington Elementary on May 14, 1998, and
WHEREAS, the School Board requested an additional advance of $7,213,520 to
begin construction at Bonsack Elementary on June 18, 1998, and
WHEREAS, the County Board approved additional advances of $2,454,420 for
Clearbrook Elementary, $2,517,100 for Burlington Elementary, and $7,213,520 for
Bonsack Elementary on June 26, 1998, and
WHEREAS, the School Board requested an additional advance of $2,170,600 to
begin construction of the science labs at Cave Spring High, Northside High, and Glenvar
2
High on September 10, 1998, and
WHEREAS, the County Board approved an advance of $1,854,560 for the science
labs at Cave Spring High, Northside High, and Glenvar High and the escrowing of
$316,040 for technology A& E and equipment on September 8, 1998, and
WHEREAS, the School Board is now requesting the release of the escrowed funds
of $316,040 for the technology A&E and equipment needed for the science labs at Cave
Spring, Northside, Glenvar, and William Byrd High Schools,
NOW THEREFORE BE IT RESOLVED that the County Board will advance the
additional sum of $316,040 to the School Board for the technology A&E and equipment
needed for the high school science labs.
On motion of Supervisor Minnix to approve funding of $316,040 and adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
Dr. Deanna Gordon, School Superintendent
Brenda Chastain, Clerk, School Board
3
0
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
RESOLUTION 120198-5 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 1999 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER
THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of state-wide concern to be considered by the 1999 session of the
Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for the 1999
session of the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 1999 session of the Virginia General Assembly for its favorable
consideration and adoption.
A. Education. Realizing that public education is the foundation of American
democracy and the cornerstone of our future economic well being, the County urges the
General Assembly to consider favorably the following actions.
1) The General Assembly should enhance funding for public education,
including increasing the funds available to the Literary Fund for local school capital
construction or renovation projects. The General Assembly should increase funding for
capital construction and renovation projects based upon the locality's local effort in support
1
of these capital projects.
2) Local school divisions should be authorized to establish opening dates
for school.
3) Disparity funding should be based not only upon the number of
students eligible for free or reduced fee lunches, but also upon the locality's local tax effort
in support of education. Disparity funding should be based upon the composite index
(which measures a locality's relative fiscal ability to provide its share of the cost of a local
school system that meets the standards of quality) and the locality's local effort in support
of that school system.
4) Roanoke County supports State funding at a level requested by the
Higher Education Center Authority in order to complete the project located in the City of
Roanoke.
5) Roanoke County supports second year funding in the biennial budget
for the College of Health Sciences located in the City of Roanoke.
B. Transportation and HighwaySafety.
1) Roanoke County supports additional new construction and
maintenance funding for the Virginia Department of Transportation for secondary and
primary roads. Additional funding for new construction projects will address critical
transportation needs of all local governments. Additional maintenance funding shall be
used for an expanded program to mow grass and weeds, and inspect and clean drainage
pipes and culverts.
2) Roanoke County is in support of Roanoke City's support of expanding
2
CJ
local authority to create transportation districts, to impose local option motor vehicle fuels
taxes, and to expend these tax proceeds for local transportation improvements.
C. Public Safetv.
1) Roanoke County supports legislation appropriating funds and directing
the State Compensation Board to modify staffing standards for local jails and court
services positions for Sheriff's offices.
2) Roanoke County requests that Section 46.2-1001 be amended to add
Roanoke County to the list of jurisdictions whose law-enforcement officers are authorized
to perform vehicle safety inspections.
3) Roanoke County supports increasing the "Two -for -Life" funding for the
benefit of rescue squads and the emergency medical services system to a 14 -for -Life"
Program.
4) Amend sec. 56-414 to allow counties to regulate the sounding of train
whistles at railroad crossings.
5) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable
motor vehicles) to allow enforcement through the use of civil penalties, as authorized for
violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and
sediment control ordinances under Sec. 10.1-562.J.
D. Environment.
1) Roanoke County supports amending Chapter 6. 1, "Virginia Tire Tax"
of Title 58. 1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and
authorize the Department of Waste Management to utilize the increased Waste Tire Trust
3
Fund to remediate illegal or abandoned waste tire dumps.
2) Roanoke County supports allowing the disposal of land clearing
vegetative debris (including tree stumps) in less expensive facilities in a manner not
detrimental to the environment.
3) Roanoke County opposes legislation that would assess a fee on each
ton of solid waste deposited in or with the Roanoke Valley Resource Authority.
E. Local Taxation and Fundina.
1) Roanoke County vigorously opposes any attempt to restrict or
eliminate local sources of taxation, including personal property taxation and business and
professional occupational licensing, unless local governments are guaranteed the
opportunity to replace lost sources of local revenue with comparable, equivalent,
independent sources of revenue to allow localities to fulfill their public service obligations.
2) Roanoke County supports continued and increased funding for the
Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the
Family Preservation Act, local police departments (HB 599 funding), and the Regional
Competitiveness Act.
3) Roanoke County supports increasing state aid for public libraries by
$1.4 Million FY 2000; that the Commonwealth fully fund state aid by FY 2001; that sales
tax exemptions be provided for organizations that support public libraries; and that the
Commonwealth adopt and fund a statewide technology plan and Internet access for public
libraries. The objective of such a plan will be to provide public libraries with the
technological support for public, universal access to networked information.
9
4) Roanoke County supports authority to impose an additional one-half
percent (%%) local option sales tax.
5) Roanoke County supports authority to impose an additional charge
of $2.00 per month per telephone line to fund rescue calls.
6) Roanoke County supports legislation amending Section 14.1-46.0:1
to increase the salary supplement for the Chairman of the Board of Supervisors from
$1,800 to $2,500 per year.
7) Roanoke County supports an amendment to Sec. 36-49.1:11 to allow
all counties to impose liens for the recovery of the costs for spot blight removal in the
manner currently allowed the urban county executive form of government.
That the Clerk to the Board of Supervisors is directed to send a certified copy of this
resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H.
Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate C. Richard Cranwell,
Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke
City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City
Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth
Planning District Commission, and the Virginia Association of Counties.
On motion of Supervisor Nickens to adopt the resolution with his amendments, and
carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
GJ
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. AI en, CMC/AAE
Clerk to the Board of Supervisors
Cc: File
Paul M. Mahoney, County Attorney
The Honorable John S. Edwards
The Honorable Malfourd W. "Bo" Trumbo
The Honorable H. Morgan Griffith
The Honorable Clifton "Chip" Woodrum
The Honorable C. Richard Cranwell
The Honorable A. Victor Thomas
Mary F. Parker, Clerk, Roanoke City Council
Roanoke City Council, Members
Forest Jones, Clerk, Salem City Council
Salem City Council, Members
Carolyn S. Ross, Clerk, Vinton Town Council
Vinton Town Council, Members
Wayne Strickland, Executive Director, Fifth Planning District Commission
James D. Campbell, Executive Director, Virginia Association of Counties
31
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
ORDINANCE 120198-6 AUTHORIZING THE RELEASE AND
RECONVEYANCE OF SANITARY SEWER EASEMENTS TO HELEN
COX RICHARDS
WHEREAS, Section 18.04 of the Roanoke County Charter provides that the
conveyance of any interests in real estate of the County be accomplished by ordinance;
and
WHEREAS, the first reading of this ordinance was held on November 17, 1998, and
the second reading of this ordinance was held on December 1, 1998; and
WHEREAS, certain utility easements were previously conveyed to the County by
this property owner. These easements were subsequently relocated due to the
realignment of the sewer line. New easements were conveyed to the County, and said
owner has requested that the County release and reconvey the original easements back
to her; and
WHEREAS, the acquisition of these easements was authorized by Ordinance
82493-9; and
WHEREAS, the County having paid a fair market value for these easements, no
further payment of consideration is necessary for these transactions; and
WHEREAS, in accordance with the provisions of Section 16.01 of the Roanoke
County Charter, these easements are hereby declared to be surplus, and are no longer
necessary for any other public purposes, and are made available for release and
reconveyance back to the original grantors.
1
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the release and reconveyance of the following utility easements to the
hereinafter -named party is hereby authorized and approved:
64.02-2-7 and
64.02-2-8
64.02-2-9
64.02-2-10
Helen Cox Richards
Helen Cox Richards
Helen Cox Richards
DB1475 PG1296
DB1475 PG1302
DB1475 PG1308
2. That the County Administrator is hereby authorized to take such actions and
execute such documents as may be required to accomplish the purposes of this
transaction, all upon form approved by the County Attorney.
3. That this ordinance shall take effect from and after the date of its adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
Cc: File
Gary Robertson, Director, Utility
Arnold Covey, Director, Community Development
2
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thereunto belonging, for an amount not to exceed $88,000.00.
2. That the purchase price, and estimated closing costs of $3,550.00, shall be
paid out of the Unappropriated Fund Balance in the Capital Fund.
3. That the County Administrator , or an Assistant County Administrator, is
authorized to execute such documents and take such actions on behalf of the Board of
Supervisors in this matter as are necessary to accomplish the acquisition of this property,
all of which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Spencer Watts, Library Director
Vickie L. Huffman, Assistant County Attorney
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
ORDINANCE 120198-8 FOR AUTHORIZATION TO ACQUIRE A 15'
DRAINAGE EASEMENT ACROSS PROPERTY ON BRANDYWINE
AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT OWNED BY
DAVID D. GRAYBEAL AND CAROL B. GRAYBEAL IN CONNECTION
WITH THE WAKEFIELD AVENUE ROAD AND DRAINAGE IMPROVEMENT
PROJECT
WHEREAS, a permanent fifteen -foot (15') drainage easement across a parcel of
land located on Brandywine Avenue in the Cave Spring Magisterial District of the County
of Roanoke, Virginia, owned by David D. Graybeal and Carol B. Graybeal, husband and
wife, is required in connection with the Wakefield Avenue Road and Drainage
Improvement Project; and,
WHEREAS, subject to approval by the Board of Supervisors, staff has extended a
bona fide offer to purchase the easement for the sum of $881.00, being the estimated fair
market value based upon an independent M.A.I. appraisal, and the property owner has
agreed to accept the offer; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on November 17, 1998; and the second reading was held on December 1, 1998.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a permanent drainage easement, fifteen
feet (15') in width, together with a 10' temporary construction easement, shown and
designated as "NEW 15' STORM DRAIN EASEMENT" and "NEW 10' TEMPORARY
CONSTRUCTION EASEMENT' upon a plat entitled 'Easement Plat for County of Roanoke
Showing A New 15' Storm Drain Easement and a New 10' Temporary Construction
Easement Being Conveyed By David D. & Carol B. Graybeal', dated December 3, 1997,
made by T. P. Parker & Son, said plat being attached hereto and by reference
incorporated herein, from David D. Graybeal and Carol B. Graybeal for the sum of $881.00
is hereby authorized and approved; and
2. That the consideration of $881.00 shall be paid from the funds of the Drainage
Maintenance Program; and,
3. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute such documents and take such actions as may be necessary to
accomplish this acquisition, all of which shall be on form approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Vickie L. Huffman, Assistant County Attorney
2
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2 O IV0KE COUNTY ACQUISITION 0 A PERMANENT DRAINAGE BASE -EN FROM
DEPARTMENT OF DAVID D. AN CARO B. GRAY £AL FOR THE WAKEFIELD
0OMMUNƒTY DEVELOPMENT AVENUE ROAD AND DRAINAGE IMPROVEMENT PROJECT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
ORDINANCE 120198-9 AUTHORIZING QUIT -CLAIM AND RELEASE OF
WATER AND SANITARY SEWER EASEMENT WITHIN THE BOUNDARIES
OF SCOTFORD COURT AND LOCATED BETWEEN LOT 47, BLOCK 3,
SECTION 13, AND LOT 56, BLOCK 1, SECTION 13, OF WESTCHESTER
OF CANTERBURY PARK IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, in order for Scotford Court to be accepted into the state secondary road
system, the Virginia Department of Transportation (VDOT) requires that the right-of-way
be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit -claim and release of an existing water and
sanitary sewer easement, twenty-five feet (25') in width, within the boundaries of Scotford
Court and located between Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section 13,
of Westchester of Canterbury Park, being a portion of the easement acquired by deed
recorded in Deed Book 1403, page 52, and shown on plat recorded in Plat Book 15, page
107, to the Commonwealth of Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to have Scotford Court accepted
into the state secondary road system and the release, subject to the issuance of a permit
and other conditions, will not interfere with other public services and is acceptable to the
Roanoke County Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1
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 of this ordinance was held on November 17, 1998; and a second reading
was held on December 1, 1998.
2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke
County, the interests in real estate to be released are hereby made available for other
public uses by conveyance to the Commonwealth of Virginia for acceptance of Scotford
Court into the state secondary road system by the Virginia Department of Transportation
(VDOT).
3. That quit -claim and release of the water and sanitary sewer easement within
the boundaries of Scotford Court and located between Lot 47, Block 3, Section 13, and Lot
56, Block 1, Section 13, of Westchester of Canterbury Park, to the Commonwealth of
Virginia, is hereby authorized subject to the following conditions:
a. VDOT issuance of a permit for the water and sanitary sewer lines or
facilities.
b. The facilities located within the 50 -foot right-of-way, between Lot 47,
Block 3, Section 13, and Lot 56, Block 1, Section 13, of Westchester
of Canterbury Park, may continue to occupy the street or highway in
the existing condition and location.
C. The release would be for so long as the subject section of Scotford
Court is used as part of the public street or highway system.
4. That the subject easement is not vacated hereby and shall revert to the
County in the event of abandonment of the street or highway.
5. That the County Administrator or an Assistant County Administrator is hereby
authorized to execute such documents and take such further actions as may be necessary
2
to accomplish this conveyance, all of which shall be on form approved by the County
Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Vickie L. Huffman, Assistant County Attorney
U:\WPDOCS\AGENDA-MEC98112-DISCO.# 3
SECTION 12
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25' WATER AND SANITARY SEWER EASEMENT
-rn uF nTTTTCT,AIMED
WATER AND SANITARY SEWER EASEMENT TO
BE QUITCLAINIED SHOWN IN GRAY
4
20.}07
DESCRIPTION:
A 25 foot water and sanitary sewer easement (P.B. 15, PG. 107 ) within the boundaries of
Scotford Court and located between Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section 13
of Westchester of Canterbury Park.
Exhibit A
25 FOOT WATER AND SANITARY SEWER EAS
ROANOKE COUNTY TO BE QUITCLAIMED
DEPARTMENT OF
COMMUNITY DEVELOPMENT WESTCHESTER OF CANTERBURY PARK,
SECTION 13
r ,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
ORDINANCE 120198-10 AMENDING ORDINANCE 42793-7 ADOPTING A
FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO
BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS
PERMITS AND CONSERVATORS OF THE PEACE
WHEREAS, Ordinance 42793-7 adopted on April 27, 1993 established a fee
schedule for certain police department services; and
WHEREAS, the Virginia General Assembly amended Sections 18.2-308 and 19.2-
13 of the 1950 Code of Virginia, changing the fees that can be charged by a police
department for background investigations; and
WHEREAS, a first reading of this ordinance was held on November 17, 1998; and
the second reading and public hearing was held on December 1, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following schedule of administrative fees is to be charged by the
Conservator of the Peace appointment:
I l l at i 1, ailard:a..>I.ssuan:::.::::::::.....:::::.f::3.:Y
ar'".
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......................
2. Any fees collected under this ordinance shall be deposited in an account for
the benefit of the Roanoke County Police Department personnel costs.
3. This ordinance shall be in full force and effect from and after its adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
J. R. Lavinder, Chief of Police
Paul Mahoney, County Attorney
Skip Burkart, Commonwealth Attorney
Gerald S. Holt, Sheriff
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of
Revenue
John M. Chambliss, Jr., Assistant
Administrator
Don C. Myers, Assistant Administrator
Rick Burch, Chief, Fire & Rescue
Michael Lazzuri, Court Services
Magistrates Sherri Krantz/Betty Perry
Circuit Court
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Jonathan M. Apgar, Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney, Judge
Jacqueline F. Ward Talevi, Judge
Theresa A. Childress, Clerk
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 1, 1998
RESOLUTION 120198-11 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 the certain section of the agenda of the Board of Supervisors for
December 1, 1998, 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 1, inclusive, as follows:
1. Confirmation of Committee Appointments to the Blue Ridge Community
Services Board, the League of Older Americans Advisory Council, and
the Roanoke Valley Resource Authority.
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 Minnix to adopt the Consent Resolution, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
ae�
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
A -120198-11.a
ACTION NUMBER
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 1, 1998
SUBJECT: Confirmation of appointment to the Blue Ridge Community Services
Board, The League of Older American Advisory Council, and the
Roanoke Valley Resource Authority
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the November 17 meeting and should now
be confirmed.
1. BLUE RIDGE COMMUNITY SERVICES
Supervisor Harrison nominated Roger LaPlace to a three-year term which will
expire December 31, 2001.
2. LEAGUE OF OLDER AMERICANS - ADVISORY COUNCIL
Supervisor McNamara has nominated Thelma Ihrig to a one-year term which will
expire March 31, 1999.
3. ROANOKE VALLEY RESOURCE AUTHORITY
Supervisor Johnson nominated Diane Hyatt to another four-year term which will
expire 12/31/2002.
STAFF RECOMMENDATION:
It is recommended that the above appointments be confirmed by the Board of
Supervisors.
SUBMITTED BY:
Mary H. Allen, CMC/AAE
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
APPROVED BY:
Elmer C. Hodge
County Administrator
Motion by: H Odell Minnix to approve
cc: File
Blue Ridge Community Services File
League of Older Americans - Advisory Council File
Roanoke Valley Resource Authority File
VOTE
No
Yes Absent
Johnson _
x —
Harrison _
x _
McNamara_
— x
Minnix _
x _
Nickens _
x —
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 1, 1998
RESOLUTION 120198-12 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 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 member's knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to which this
certification resolution applies, and
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 Nickens to adopt the Certification Resolution, and carried
by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
A COPY TESTE:
Mary H. Allen, CMC/AAE
Clerk to the Board of Supervisors
cc: File
Executive Session