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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 1 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 1 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 ROPN��R, SORB � � N GAN v� OF SVPP ' \\x E lv\ NON E p0E OF OF ?,0 P.O10, L01 ��NGP��GQo`5CPRES GL P�GPPRNNAVS p GN Rti GAN v�N NE PN 5\0N Aa and POOVN 12 19 p`NPNo LPN��O�M�N�S AN m PO0GVX OXetn P ov eteo0lesM a Q PRG E X19 � MP�Ov a\ \and {ot khe Go�rty �\o\ o{'�`ne R oR�v�uR ° sabot Rouje ��9, S�Qtva\ p\S� �Ns\`�o�nRaE� PS, it o�dGeoh�res�hse�adauda��eat°brye �r\Nr�s G\em YO eys to y Mag` s\by\es theends°tardGra tes\keot9o{ G\emG\eme r h{too kre eXpan Ge\ o{ \ard \a, o�Nred sa`d pto9eM based of rase v °e�a�rPacGo� e< a\ue o{ Roar dire G°ur�y and as ne9°��ake e es��maked �r�y rave er d, h usban S, s�a� e�r9 kh d the G° h �►N�RE $$ 000 p0, b G\emer�s an \sops, and, suer o� �' \sa\, <he aCd o{ SuPeN Go�r,�y hoc the M P\. aPppa the go RoanoKe . deperder'� aPp�ova\ by �� o{ <he anoe, VAP- ,,,k he s �r a\e subleo� �o Seot�on 18 . \�sred by otd�r d\r of s Sebe a°oocrp ire se o{199 Gondcea or tea\ es�a ard P\NCO aGau�s��� oVembet � BE \� ORO as he\d or N ERBF ORE {°\\ops as dm�r reg G° vrM v\c9`n the Govrty P 1 �ha� t\es G\emer\.s, encs ard Gra P G\em Tax Map No. 76.16-2-6, together with all rights incident thereto and appurtenances 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 $881.00 shall be paid from the funds of the Drainage Maintenance Program; and, 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Vickie L. Huffman, Assistant County Attorney 2 1 � BRAND YM&£ A �E R M /e0 k»o NEW 15' STORM DRAIN E SEME z ) Etc �2a\ eUDEDe4 TO rcR ERs \ 2§f§)aE =$i soIFT ¥ PROPER TY OF kR i SAwW �§ eFE4P0D05/\ §/�\\�\� m414 �3436R3 bq-«32a �cz �3t/&-KC kR/ k o• pn @/2/ -K "C \§ � \\k\kc} �§§§�s� )\� N G-3 � NORTH 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 ;LOAF HILLS' g, PO 110 J9'i 8 GSELENT Fdl 1NE� ' � �;9t Fyll CF NAAYAN ET AL k F54 i` TAxI 7l.OJ-�-J9. OPEv7 y a' 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'". (3t a:Q ...................... 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