HomeMy WebLinkAbout2/11/1992 - Adopted Board RecordsACTION NO. A-21192-1
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 11, 1992
AGENDA ITEM: Consideration of County Position on Proposed
Appalachian Power Company Transmission Line
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND
At their November 19 meeting, the Board of Supervisors directed
staff to prepare a notice of protest regarding the APCO proposal
to site a 765 kv power line within a 300 meter corridor within the
Catawba Magisterial District. In December 1991, the Board
requested that the Planning staff and Planning Commission review
the APCO proposal.
SUMMARY OF INFORMATION
At the February 4, 1992 Planning Commission meeting the staff
presented to the Commission a brief overview of the project and a
surm+ary of the expected impacts resulting from the power line. The
staff discussed the power line's expected impact on the proposed
Catawba Rural Historic District, the Route 785 Scenic Byway, the
Smith Gap Landfill and the residences within the proposed corridor.
Several members of the public also spoke to the Commission on this
issue. A transcript of the Commission's comments is attached.
Staff has worked with APCO on this issue for a number of months.
An overall staff assessment would have to include both the
potential benefits as well as problems associated with the APCO
proposal. Staff has not analyzed the need for the transmission
line and our concerns do not address that issue.
Potential benefits include (1) APCO's contention that there is a
strong need for the transmission line; (2) the potential economic
development benefit from the additional electricity; (3) the
proposed line would provide a backup in case of power outages.
There are several serious concerns associated with the project.
They include: (1) the proposed route adjacent to the present
transmission line; (2) the impact to the Smith Gap Landfill; (3)
the impact to the community including Catawba Rural Historic
cc: File
Paul
7D -!
District, the Route 785 Scenic Byway, and residences within the
corridor; (4) by paralleling the existing line, both lines could
go out in instances such as a natural disaster.
Appalachian Officials have been helpful in trying to minimize the
impact to Roanoke County. They will be present at the February 11
meeting to make a presentation and answer questions the Board of
Supervisors may have. Citizens from the community are also
planning to attend.
The Board of Supervisors may consider several alternatives:
1. Full support of the project
2. Take no position and remain neutral
3. Oppose the project by registering concern
4. Fully oppose the project by a letter of protest and legal
action
If alternative 4 is chosen, The County Attorney's Office will need
to prepare the necessary documentation to present our position.
This action will take substantial staff time. The original
deadline for opposition was February 17, 1992. However, an article
in the February 7 edition of The Roanoke Times and World News
stated that the deadline has been extended to May 18, 1992.
STAFF RECOMMENDATION:
This is a difficult issue and APCO is a good corporate citizen.
However, I am asking the Board to insist that there be no impact
on either the citizens or the landfill.
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Harry C. Nickens motion
to withdraw Notice of Protest Eddy
to SCC and remain neutral Johnson
Kohinke
Minnix
Nickens
Mahoney, County Attorney
Don Myers, Assistant County Administrator
John Hubbard, Assistant County Administrator
Terrance L. Harrington, Director, Planning & Zoning
VOTE
No Yes Abs
X
X
X
X
x
�D- i
Discussion of APCO Power Line Proposal
Ms. Chappelle: My personal comment is that I would like to solicit the help of those of you
who know more since we need a good recommendation for the Board of Supervisors. I'm
certainly not versed as some of you are and I would just like to ask you to help me make the
best recommendation to the Board.
Mr. Robinson: Quite honestly Mr. Chairman, the few questions that have been answered has
generated so many questions that are unanswered that any comments that I would make, either
for or against, would be both arbitrary and uneducated so I will not be making any comment.
Mr. Gordon: First of all APCO is a business which supplies all of us in this valley with a very
needed resource and has done so at a very economic benefit from what I've seen of other
power companies, so I commend them on that. This day and age with the environment being
as sensitive as it is and we're all seeing change in our environment, you only have to notice 70
degree weather in February to notice dramatic weather changes that are occurring. What the
relationship is with the environment and how that's happening is way beyond my comprehension.
I feel very strongly about trying to protect the environment as much as we can. The value
impact on this power line to me is not justified --being the benefit is not worth the cost that
will be incurred upon Roanoke County citizens; that cost is a loss of the aesthetic value. I think
one of the people termed it as "the rape of the land." I believe the technology in the future
will probably advance far enough that we'll see things like satellites which would transmit power
back down to earth stations with a lot less impact as far as tearing up the land that we've got
here already. I believe that that would be a better chance of making it than stretching a power
line across and tearing up the land in Roanoke County. I see no actual benefit. I would be
extremely opposed to another power line that would affect the visual viewshed of the valley we
live in. I simply don't see a need; the value is not there.
Mr. Witt: I've got some real concerns about a whole series of issues, and I may not be
educated on this, but so what. One, the concern with the watershed at Carvins Cove. As I
understand it, the towers are going right by Carvins Cove. With the herbicides there, there's
no way that they can keep the herbicides out of the city water supply; I don't see how that can
be done. The second thing is, and this is relative to the County as a whole, we are struggling
in this County to try to get business into this County, or into the whole valley, and one of the
best marketing tools that we have in this valley is the beauty of the valley. And now we are
asked to sacrifice one of the major marketing tools that we have in bringing business in here,
of attracting people into this area, to hand over to Appalachian Power. It doesn't make sense
to me. I have a lot of concern about the 1,000 foot corridor through our landfill. If
Appalachian Power makes the selection of where it goes, it could be a severe detriment to the
landfill in its function. The fill area certainly could be affected and I'm sure the Board of
Supervisors and the engineering folks in the County are going to address that in more detail.
2
3_1
The other concern I have is the conservation factor. Back in the 70s, there was program after
program for energy conservation because we didn't have the oil, we didn't have the fuel
resources; there were threatened brownouts and blackouts, etc., and in particular, on the east
coast. Gradually that went away and now very few people care about energy conservation. I
don't see a whole lot of programs in that area. And there are a lot of good ways to reduce
energy consumption, especially in the summer cycles, by ice storage and other techniques of
utilizing electricity over in the evening hours, and then using that cooling at peak times to
reduce your demand which is the biggest problem with electrical lines, you can't store electricity.
So again, Roanoke County is being asked to subsidize the east coast in their electrical power
demands. And I think the best solution to this is a little more energy conservation. Those are
the comments I have.
Mr. Massey: From my perspective, I'm very much pro -economic development and control
development. I work in an industry that uses a lot of electricity. Having a redundant source
to Roanoke has a lot of positives, if it's going to be used that way. I know we've gone through
power outages in our area that have been detrimental to a lot of people. While it has a
positive economic impact for future use, I also look at it as a land use impact as well. If any
other company was coming in with a proposal for this type of intense land use in a rural area,
we would throw them right out the door. So we need to look at that and treat it as a land use
if at all possible. In that respect, I am very much opposed to, and as she so eloquently stated,
"raping the earth," and particularly Roanoke County for someone else's benefit. I agree with
Mr. Gordon about future technology; there should be a way to generate this type of power
without stringing this type of eyesore across the country. And Don's comments on conservation,
I think they are very appropriate, and if all possible, should be made mandatory within the
Roanoke Valley. Our company recently installed the ice -making type of equipment and it has
a very positive impact on electrical usage. Those are my comments. Marian, anything else;
Don?
Mr. Witt: One other comment, if the major reason to run the lines along the I-81 corridor is
because of the fact that there is another line going along there, that line has so little impact
compared to what is being proposed, that I don't think that's a valid reason.
ACTION NO. A-21192-2
ITEM NUMBER __[J — -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 11, 1992
AGENDA ITEM: Request from the Transportation and Safety
Commission to Amend their Bylaws and
Appointment Expiration Dates
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is a letter from William G. Rosebro, Chairman of the
Roanoke County Transportation and Safety Commission. The
commission is requesting approval of their proposed bylaws
amendments. They are also asking that the all term expiration
dates for their members be changed to June 30 to coincide with
their fiscal year. Additionally, the expiration dates are not
consistent. Currently there are two members whose terms expired
January 1, 1992 and these terms would be extended to June 30, 1992.
Also attached is a copy of the resolution establishing the
Transportation and Safety Commission and relevant state statutes.
Mr. Rosebro will be present at the meeting to address any questions
the Board of Supervisors might have.
STAFF RECOMMENDATION:
Staff recommends adoption of the amendments to the bylaws and
changing of term expiration dates for their members to June 30.
etJ
Elmer C. Hodg
County Administrator
----------------------------------------------------------------
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Harry C- Ni c-kan
motion to approve hyl aws and
amend expiration dates
Mel a6
No Yes Abs
Eddy x
Johnson x
Kohinke x
Minnix x
Nickens x
cc: File
William G. Rosebro, Chairman
Transportation & Safety Commission File
William G. Rosebro
4712 Easthill Drive
Roanoke, Virginia 24018
January 24, 1992
Clerk to Board of Supervisors
3738 Brambleton Avenue S. W,
Roanoke, Virginia 24018
Attention: Elmer Hodge
Dear Mr. Hodge:
1.3
Enclosed are the by-laws of the Roanoke County Transportation and
Safety Commission. I ask that you have the issue of approval of these by-
laws put on the agenda for the next meeting of the Board of Supervisors
and ask that you submit them for the Board's approval at that time.
I also ask that the issue of changing to June as the end of the
terms of Commission members and extending to June the terms of those
members whose terms expired January 1, 1992 be added to this same agenda.
Those members whose terms have expired are:
Ms. Charlotte Lichtenstein
Mr. Leo B. Trenor
If you have any questions about these matters, please don't hesitate
to call me at 387-8408 (work). Thank you for your assistance.
Sincerely,
William G. Rosebro
Chairman
Roanoke County Transportation and
Safety Commission
-j) -3
BYLAWS OF THE
ROANOKE COUNTY HIGHWAY AND TRANSPORTATION SAFETY COMMISSION
ARTICLE I
CREATION
Section 1.1 The Roanoke County Highway and Transportation
Safety Commission was created by action of the
Roanoke County Board of Supervisors as set
forth in Resolution No. 84-37 and adopted by
the Board of Supervisors by unanimous vote on
February 14, 1984.
ARTICLE II
MEMBERSHIP
Section 2.1 The Commission shall consist of eleven regular
members and at least one representative
appointed by the Board of Supervisors from the
student body of any high school located in the
County of Roanoke. The members shall be
residents of the County of Roanoke appointed
by the Board of Supervisors on recommendation
of the County Administrator.
Section 2.2 Members shall be appointed to represent various
geographic areas of Roanoke County and other
interests.
Section 2.3 The representative shall be selected from a
different high school each year rotating the
position among all the high schools located
within the County of Roanoke.
ARTICLE III
TERMS OF MEMBERS AND VACANCIES
Section 3.1 Terms of the eleven 'regular members shall be
four years, with no member serving more than
two (2) successive terms. New members shall
be appointed two months prior to the expiration
of any member's term. Representatives from the
student body of any high school located in
Page 2
Roanoke County shall be appointed annually and
serve the Commission during the school year.
ARTICLE III cont'd
Section 3.2 Should mid-term vacancies occur among regular
member positions, or when terms expire as
provided herein, the Commission as a whole
and/or as individuals shall be entitled to
submit nominations for Roanoke County Board of
Supervisors' consideration in appointing
replacements.
ARTICLE IV
OFFICERS
Section 4.1 The officers shall be the Chairman and the
Vice -Chairman. The Chairman and Vice -Chairman
shall be elected for a one-year period. The
Chairman shall serve not more than two
consecutive terms. In the event of a vacancy
in either office, an election to fill the
vacancy shall be held at the next meeting of
the Commission or as soon thereafter as
practicable.
Section 4.2 The Chairman shall cause an agenda to be
prepared for each meeting and shall preside at
each meeting. The Chairman shall also appoint
such ad hoc or standing committees from the
membership of the Commission as are deemed
necessary. The Chairman shall sign
correspondence, reports and recommendations on
the part of the commission and shall otherwise
represent the Commission in its proper
relationships with the Roanoke County Board of
Supervisors, County Administrator, State and
Federal agencies and the public.
Section 4.3 The Vice -Chairman shall serve in the absence
of the Chairman.
Section 4.4 A Recording Secretary shall be selected by the
Chairman of the Commission, at his discretion,
to assist the Chairman in development and
Page 3
dissemination of the agenda and in recording
accurate minutes of all meetings. Minutes of
each meeting shall be forwarded to Commission
members upon request with the next regularly
scheduled Commission meeting agenda and to
members of the Board of Supervisors upon
request following the next regularly scheduled
meeting of the Commission.
ARTICLE V
MEETINGS
Section 5.1 The Commission shall meet a minimum of four (4)
times per year at a time, day and location
agreed on in advance by the Commission, or at
the call of the Chairman. The annual awards
banquet for persons excelling in the
application of safety measures and procedures
shall constitute one such meeting.
Section 5.2 Meetings shall convene at the appointed time,
except when members are specifically notified
otherwise.
ARTICLE VI
QUORUM AND ATTENDANCE
Section 6.1 No business of the Commission can be conducted
at any meeting thereof without the presence of
a quorum, consisting of at least six (6)
regular members.
Section 6.2 Members are expected to attend all regularly
scheduled meetings. Any member having missed'
two (2) regularly scheduled meetings in a
calendar year shall be so notified in writing
by the Chairman. A copy of the Bylaws shall
accompany this notification. Failure by a
member to attend three (3) consecutive
regularly scheduled meetings during a calendar
year shall be cause for the Chairman to report
such fact to the Roanoke County Board of
Supervisors, who may determine the necessity
of replacing such member.
2).3
Page 4
ARTICLE VII
GOALS, FUNCTIONS AND PROGRAMS
Section 7.1 The goals of the Commission shall be as
follows:
a. to serve as a forum for various community
groups and interests whose concerns include
safer streets and highways;
b. to provide active leadership and to solicit
increased citizen participation in all
aspects of transportation safety;
c. to consistently reduce each year the total
number of transportation accidents, with
special emphasis on avoidance of those
accidents resulting in serious bodily injury
and death.
d. to sponsor a project each year which meets
the specific transportation needs of the
community.
Section 7.2 The duties and responsibilities of the
Commission shall include, but not be limited
to the following:
a. review, examine, and approve all highway
safety grants and recommend same to the
Board of Supervisors for submission;
b. promote all highway and transportation
safety programs, i.e. highway, rail, water,
and air safety;
c . make recommendations through the Board of
Supervisors to the Virginia Department of
Highways and Transportation regarding signs,
road improvements, and engineering
improvements; and
d. develop and establish through the Board of
Supervisors a safety program for the County
and sponsor an annual awards banquet for
persons excelling in the application of
safety measures and procedures.
Page 5
ARTICLE VIII
AMENDMENTS
])^3
Section 8.1 These Bylaws may be amended by a two-thirds
vote of the Commission in attendance, provided
that a quorum is present and further provided
that written notice of proposed amendments are
first given to each member not less than ten
days prior to the regular or called meeting at
which such amendments are to be considered.
Section 8.2 Amendments so adopted shall not become
effective until duly ratified by Roanoke County
Board of Supervisors.
D-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 14, 1984
RESOLUTION NO. 84-37 ESTABLISHING THE
ROANOKE COUNTY HIGHWAY AND TRANSPORTATION
SAFETY COMMISSION AND PROVIDING FOR THE
MEMBERSHIP ON SAID COMMISSION
WHEREAS, by act of the General Assembly, §33.1-398 of the
1950 Code of Virginia, as amended, providing authority for
localities to establish Highway and Transportation Safety
Commissions, was repealed in 1981 and no substitute enabling
legislation was enacted to continue such authority in local
governments; and
WHEREAS, the Board of Transportation Safety, a state agency
responsible for processing applications for highway and
transportation safety grants has refused to process such grants
unless same are approved by the local commission.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That there be, and hereby is, established from and
after April 1, 1984, and until further order of the Board, the
Roanoke County Highway and Transportation Safety Commission,
which commission shall have the duty and responsibility to (a)
review, examine, and approve all highway safety grants and
recommend same to the Board of Supervisors for submission, (b)
promote all highway and transportation safety programs, i.e.
highway, rail, water, and air safety, (c) make recommendations
through the Board of Supervisors to the Virginia Department of
Highways and Transportation regarding signs, road improvements,
and engineering improvements, and (d) develop and establish
through the Board of Supervisors a safety program for the County
and sponsor an annual awards banquet for persons excelling in the
application of safety measures and procedures; and
2. That there shall be eleven (11) members of the
Commission who shall be residents of Roanoke County appointed by
the Board of Supervisors on recommendation of the County
Administrator. The members of the Commission shall serve for
terms of four (4) years, but no member shall serve for more than
two (2) full successive terms. Initial appointments to the
-D-3
Commission shall be made as follows: two (2) shall be for terms
of one (1) year, three (3) shall be for terms of two (2) years,
three (3) shall be for terms of three (3) years, and three (3)
shall be for terms of four (4) years, and thereafter all
appointments shall be for terms of four years and the members of
the Commission shall annually elect its own chairman. The
members of the Commission shall be reimbursed for their necessary
and actual expenses incurred in the performance of their duties.
3. That there shall be such advisory members of the
Commission as shall from time to time be determined appropriate
by the Board of Supervisors.
On motion by Supervisor Minter and adopted by the following
roll call vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS: None
A Copy - Teste:
n R. 1 n e , Clerk
County Board of Supervisors
3-5-84
Members of Transposrtation & Safety Commission
Transportation & Safety Commission File
County Attorney
File
CODE OF VIRGINIA -�) 3
1950
1991 Cumulative Supplement
ANNOTATED
Prepared under the Supervision of
The Virginia Code Commission
BY
The Editorial Staff of the Publishers
Under the Direction of `
A. D. KOWALSKY, S. C. WILLARD, W. L. JACKSON,
M. A. SANCILIO, S. B. LYONS AND T. R. TROXELL
VOLUME "1
1989 REPLACEMENT
Annotated through South Eastern Reporter, 2d Series, through
Volume 400, page 617.
Place in Pocket of Corresponding Volume of Main Set.
THE MICHIE COMPANY
Law Publishers
CHARLOTTESVILLE, VIRGINIA
§ 46.2-224 MOTOR VEHICLES . - 3 § 46.2-224
8. To develop, implement, and review, in conjunction with relevant state
and federal entities, a comprehensive highway safety program for the
Commonwealth, and to inform the public about it;
9. To assist towns, counties and other political subdivisions of the Common-
wealth in the development, implementation, and review of local highway
safety programs as part of the state program;
10. To review the activities, role, and contribution of various state entities
to the Commonwealth's highway safety program and to report annually and
in writing to the Governor and General Assembly on the status, progress, and
prospects of highway safety in the Commonwealth;
11. To recommend to the Secretary of Transportation, the Governor, and
the General Assembly any corrective measures, policies, procedures, plans,
and programs which are needed to make the movement of passengers and
property on the highways of the Commonwealth as safe as practicable;
12. To design, implement, administer, and review special programs or
projects needed to promote highway safety in the Commonwealth; and
13. To integrate highway safety activities into the framework of transpor-
tation safety in general. (1984, c. 778, § 46.1-40.4; 1989, c. 727; 1990, cc. 1,
317.)
The 1990 amendments. — The 1990 tary of Transportation" for "Secretary of
amendment by c. 1, effective Feb. 22, 1990, and Transportation and Public Safety" in subdivi-
the 1990 amendment by c. 317, effective March sions 5 and 11.
30, 1990, are identical, and substituted "Secre-
§ 46.2-224. Board of Transportation Safety. — There is hereby estab-
lished within the Department of Motor Vehicles a Board of Transportation
Safety, hereinafter referred to in this section as "the Board," to advise the
Commissioner of Motor Vehicles, the Secretary of Transportation, and the
Governor on transportation safety matters. The Board shall elect a chairman
and meet at his call, and shall seek to identify the elements of a comprehen-
sive safety program for all transport modes operating in Virginia. In addition,
the Board may consider, study, and report on the following issues: (i) the
identification of the unique safety needs of each particular mode of transpor-
tation; (ii) the identification of the common elements of safe transportation
operation, regardless of mode of transportation; (iii) the adoption of proven
safety practices and technology in use in one mode to other modes of
transportation; (iv) the identification of the common elements of accident
situations; and (v) the allocation of grant funds made available to the
Department.
The Board shall consist of eleven members appointed by the Governor,
subject to confirmation of the General Assembly. Seven members of the Board
shall represent the seven geographic districts of the Commonwealth utilized
by the Department of Motor Vehicles and designated by the Commissioner as
operating districts. Each member shall reside in the district he represents.
The remaining four members shall be at -large members representing
transportation safety interests in the areas of air, rail, water, and mass
transit. Members shall serve for terms of four years, and no member shall
serve for more than two full consecutive terms. Appointment and confirma-
tion of Board members under this section shall occur only as the terms of the
current members of the Board expire under prior law.
Board members shall be reimbursed for their necessary and actual expenses
incurred in the performance of their duties. (1984, c. 778, §§ 46.1-40.5,
46.1-40.6; 1989, c. 727; 1990, cc. 1, 317.)
52
§ 46.2-216.1 DEPARTMENT OF MOTOR VEHICLES § 46.2-223 1-3
section shall be paid into the state treasury and shall be set aside as a special
fund to be used to meet the expenses of the Department. (1976, c. 505,
§ 46.1-31.2; 1989, c. 727; 1991, c. 167.)
The 1991 amendment, effective March 12,
1991, substituted "this title" for "§§ 46.2-209
through 46.2-214" in the first sentence.
§ 46.2-216.1. Acceptance of electronic filing in lieu of written docu-
ments. — Whenever this title provides that a written certificate or other
document is to be filed with the Department, the Commissioner may establish
procedures for and accept in lieu of such paper document a filing made by
electronic means. Such filing by electronic means shall be accepted only if the
content of the filing satisfies all of the requirements of the statute which
provides for the written document and the Commissioner has made a written,
affirmative finding that the lack of a paper document will not compromise or
reduce the effectiveness of the record-keeping system established by the
statute. The Commissioner shall develop a method to ensure that the
electronic filing is received and stored accurately and that it is readily
available to satisfy the requirements of the statutes which call for a written
document. (1991, c. 115.)
ARTICLE 2.
Powers and Duties of Department Related to Transportation Safety.
§ 46.2-223. Additional powers and duties of Commissioner. — The
Commissioner shall have the following powers and duties related to transpor-
tation safety:
1. To evaluate safety measures currently in use by all transport operators
in all modes which operate in or through the Commonwealth, with particular
attention to the safety of equipment and appliances and methods and
procedures of operation;
2. To engage in training and educational activities aimed at enhancing the
safe transport of passengers and property in and through the Commonwealth;
3. To cooperate with all relevant entities of the federal government,
including, but not limited to, the Department of Transportation, the Federal
Railway Administration, the Federal Aviation Administration, the Coast
Guard, and the Independent Transportation Safety Board in matters concern-
ing transportation safety;
4. To initiate, conduct, and issue special studies on matters pertaining to
transportation safety;
5. To evaluate transportation safety efforts, practices, and procedures of the
agencies or other entities of the government of the Commonwealth and make
recommendations to the Secretary of Transportation, the Governor, and the
General Assembly on ways to increase transportation safety consciousness or
improve safety practices;
6. To assist entities of state government and political subdivisions of the
Commonwealth in enhancing their efforts to ensure safe transportation,
including the dissemination of relevant materials and the rendering of
technical or other advice;
7. To collect, tabulate, correlate, analyze, evaluate, and review the data
gathered by various entities of the state government in regard to transporta-
tion operations, management, and accidents, especially the information
gathered by the Department of Motor Vehicles, the Department of State
Police, and the State Corporation Commission;
51
ACTION NO. A-21192-3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 11, 1992
AGENDA ITEM: Authorization to Pay Certain Legal Fees
COUNTY ADMINISTRATOR'S COMMENTS: e4w�
EXECUTIVE SUMMARY
The County agreed to share with the Town of Vinton the legal
expenses for the litigation with Grumman Emergency Products Inc.
over the defective ladder on the aerial fire truck.
BACKGROUND:
In November of 1991, the Board agreed to join with the Town of
Vinton in legal action against Grumman Emergency Products, Inc. and
other possible defendants over the defective ladder on the aerial
fire truck which the County had jointly funded with the Town.
Since this vehicle is titled to the Town of Vinton it was agreed
that the Town Attorney should handle this litigation.
The lawsuit was filed the end of December of 1991. Attached
you will find a copy of the billing statement from the Town of
Vinton in the amount of $1,151.95. It is anticipated that future
billings shall occur on a regular basis in the future.
FISCAL IMPACTS•
$1,151.95 at this time, plus future billings.
STAFF RECOMMENDATION:
It is recommended that the Board of Supervisors authorize the
payment of this invoice from the Board's contingency fund.
1
Respectfully submitted,
- L! 'Y. ,
Paul M. Mahoney
County Attorney
2
Action
Vote
No Yes Abs
Approved
(x)
Motion by Edward G.Kohinke,
Eddy
x
Denied
( )
to approve
Johnson
x
Received
( )
Kohinke
x
Referred
Nickens
x
to
Minnix
x
cc:
File
c;\wps»\ge„e,alvL-gaLt«
Paul
Mahoney,County Attorney
Diane Hyatt, Director, Finance
Reta
Busher, Director, Management
& Budget
2
TOWN OF VINTON
P. O. BOX 338
VINTON, VIRGINIA 24179
PHONE (703) 983-0608
FAX (703) 983-0621
January 27, 1992
TO: Joe Obenchain, Senior Assistant County Attorney
County of Roanoke
POB 29800
Roanoke, VA 24018-0798
D.f
JOAN B. FURBISH
FINANCE DIRECTORMEASURER
STATEMENT
Statement From
Natkin, Heslep, Siegel and Natkin, PC
For Professional Services Rendered
Regarding Litigation With Grumman Aircraft Company
December 18, 1991 Statement -- $623.89
Fifty Percent (50%) Due From Roanoke County To
Town of Vinton - Balance Unpaid
$311.95
January 21, 1992 Statement -- $1,680.00
Fifty Percent (50%) Due From Roanoke County To
Town of Vinton
840.00
DUE UPON RECEIPT
$1,151.95
NATKIN, HESLEP, SIEGEL & NATKIN, PC
13 SOUTH MAIN STREET
P.O. BOX 4205
LEXINGTON, VIRGINIA 24450
BRAD CORCORAN
VINTON TOWN MANAGER
311 S. POLLARD STREET
P. 0. Box 338 ,
VINTON, VA 24179
JANUARY 21, 1992
LITIGATION WITH GRUMMAN AIRCRAFT CO. - RE:
FIRETRUCK ' ,
12/12/91 REVISE DRAFT OF MOTION FOR JUDGMENT; RESEARCH ISSUE OF
STATUTE OF LIMITATIONS FOR BREACH OF CONTRACT
12/16/91 TELEPHONE CONFERENCE WITH WAYNE HESLEP RE: PREPARATION. OF
SUIT
TELEPHONE CONFERENCE WITH STEVE GRIST RE: PREPARATION OF
SUIT
12/17/91 TELEPHONE CONFERENCE WITH BANK
CONVERSATION WITH CHIEF FUGUA
MEET WITH CHIEF FUQUA
12/18/91 TELEPHONE CONFERENCE WITH BUCK; CONFERENCE WITH STEVE
12/19/91 CONFERENCE WITH MR. HEARTWELL IN DALEVILLE RE: MOTION FOR
JUDGMENT; STRATEGY FOR CASE, AND SETTLEMENT CONFERENCE
TARGETED FOR JANUARY; REVISE MOTION FOR JUDGMENT; LETTER TO
MR. OBENSCHAIN TRANSMITTING SAME
WORK ON MOTION FOR JUDGEMENT WITH STEVE
12/20/91 REVISE MOTION FOR JUDGMENT AND FAX SAME TO MR. OBENSHAIN
12/23/91 TELEPHONE CALL TO MR. OBENSHAIN RE: MOTION FOR JUDGMENT;
TELEPHONE CALL TO MR. FELDMAN RE: SAME; -REVISE MOTION FOR
JUDGMENT TO INCORPORATE COUNTY OF ROANOKE AS PARTLY PLAINTIFF
BRAD CORCORAN PAGE 2
12/23/91 CONFERENCE WITH BRAD COCORAN
RE: ROANOKE COUNTY PARTICIPATION
CONFERENCE WITH STEVE GRIST
MOTION FOR JUDGEMENT
CONFERENCE WITH WAYNE HESLEP
MOTION FOR JUDGEMENT AND SETTLEMENT
12/26/91 PREPARE AFFIDAVITS FOR SERVICE OF PROCESS ON OUT OF STATE
DEFENDANTS -
12/30/91 REVIEW AND REVISE AFFIDAVITS FOR SERVICE ON SECRETARY OF
COMMONWEALTH; CONFERENCE WITH LEGAL ASSISTANT RE: FILING;
TELEPHONE CALL TO CLERK RE: SAME
01/02/92 TELEPHONE CALL TO MR. FELDMAN RE: SETTLEMENT CONFERENCE;
LETTER TO CLERK TRANSMITTING REVISED AFFIDAVITS FOR SERVICE
ON SECRETARY OF THE COMMONWEALTH
CONFERENCE WITH STEVE GRIST
COSTS ADVANCED
12/30/91 ROANOKE COUNTY CIRCUIT COURT
HENRICO COUNTY CIRCUIT COURT
01/02/92 SECRETARY OF THE COMMONWEALTH
CWC TRAVEL REIMBURSEMENT
FOR PROFESSIONAL SERVICES RENDERED
COSTS (See Page 3 for Itemization)
Previous Balance
01/08/92 Payment - Thank you/Costs
01/08/92 Payment - Thank You
Total Payments
Hours Amount
15.20 $1,444.00
$236.00
$623.89
($6.39)
($617.50)
($623.89)
Balance Due $1,680.00
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, FEBRUARY 11, 1992
ORDINANCE 21192-4 AUTHORIZING THE CONVEYANCE OF A WELL
LOT LOCATED IN THE LA BELLEVUE SUBDIVISION OF ROANOKE
COUNTY TO LAWRENCE E. MCMAHON
WHEREAS, the County has ceased to use the well located on a
certain well lot and the subject parcel will no longer be used for
this specified purpose; and
WHEREAS, the County has received an offer to purchase this
well lot for a price that reflects the fair market value of the
property.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of § 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 January 28, 1992; a second reading was held on February
11, 1992; and
2. That pursuant to the provisions of § 16.01 of the Charter
of Roanoke County, the remaining rights in the subject parcel of
real estate are hereby declared to be surplus and the condition
applicable to the property renders it unacceptable and unavailable
for other public uses; and
3. That the offer of Five Hundred Dollars ($500) from
Lawrence E. McMahon for this well lot is hereby accepted and all
other offers, if any, are rejected.
1
4. That the sale and conveyance of the subject parcel,
described as a well lot located in the La Bellevue Subdivision (Tax
Map No. 39.02-3-24) of the Hollins Magisterial District of Roanoke
County, Virginia, to Lawrence E. McMahon is hereby authorized.
That the proceeds from the sale of this well lot shall be paid into
the capital facility account of the Utility Fund.
5. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary
to accomplish this conveyance, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Clifford Craig, Dirctor, Utility
Paul Mahoney County Attorney
John D. Wiley, Director, Real Estate Assessment
Diane H. Hyatt, Director, Finance
F,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 110 1992
ORDINANCE 2119 -5 AMENDING AND REENACTING SEC.
9-21, AMENDMENT OF ARTICLE II, VIRGINIA
STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9,
FIRE PREVENTION AND PROTECTION RELATING TO THE
MARRING OF FIRE LANES
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, has adopted the Virginia Statewide Fire Prevention Code,
8th edition, with amendments, as the Fire Prevention Code of the
County of Roanoke; and
WHEREAS, questions have arisen regarding the
interpretation of such code as to the proper requirements for
designating fire lanes; and
WHEREAS, the first reading of this ordinance was held on
January 28, 1992; and the second reading was held on February 11,
1992.
BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke, Virginia, as follows:
1. That Article II, "Virginia Statewide Fire Prevention
Code" of Chapter 9 of the Roanoke County Code is hereby amended and
reenacted as follows:
Sec. 9-21. Amendments.
The Virginia Statewide Fire Prevention Code is hereby amended
and changed pursuant to section 27-97 of the Code of Virginia in
the following respects:
(14) F-313.5, Specifications Add section F-313.5 as follows:
"Fire lanes shall conform to the following specifications:
e
(B) Signs designating fire lanes shall be located so as to
1, 1992.
On motion of Supervisor Minnix to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
>6v 6-zx��
Mary H.' Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Circuit Court
C. 0. Clemens, Judge
Kenneth Trabue, Judge
Steven A. McGraw, Clerk
Family Court Services
Philip Trompeter, Judge, J&D Relations Court
Joseph M. Clark, II, Chief Judge
Peggy H. Gray, Clerk
Intake Counsellor
Michael Lazzuri, Court Services
General District Court
John L. Apostolou, Judge
George Harris, Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
John H. Cease, Police Chief
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Diane D. Hyatt, Director, Finance
O. Arnold Covey, Director, Engineering & Inspections
Terrance L. Harrington, Director, Planning & Zoning
Kenneth L. Hogan, Chief Animal Control Officer
Thomas C. Fuqua, Chief, Fire & Rescue
Mark W. Light, Deputy Chief, Fire & Rescue
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, FEBRUARY 11,1992
ORDINANCE 21192-6 AUTHORIZING THE LEASE OF REAL ESTATE,
A PORTION OF THE OLD STARKEY SEWAGE TREATMENT PLANT
PROPERTY, TO THE VALLEY SOCCER CLUB, INC.
BE IT ORDAINED 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 lease of a
portion (Area 2) of the Old Starkey Sewage Treatment Plant as shown
on Exhibit "A" attached to this ordinance was held on October 22,
1991. The second reading on this matter was held on February 11,
1992.
2. That it is in the County's best interests to lease this
property to the The Valley Soccer Club, Inc., a Virginia corpora-
tion, in order to assist the Club by providing facilities for its
athletic activities. In exchange for the authorization to utilize
a portion of the old Starkey Sewage Treatment Plant, The Valley
Soccer Club, Inc. has indicated its willingness to construct
several soccer fields on the property.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish this transaction, all of which shall
be upon a form approved by the County Attorney.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
1
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
John Chambliss, Interim Director, Parks & Recreation
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
Clifford Craig, Director, Utility
2
A
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 11, 1992
RESOLUTION 21192-7 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - 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 February 11, 1992, designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1. Confirmation of Committee Appointments to the
Building Code Board of Adjustments and Appeals, the
Grievance Panel, and the Library Board.
2. Adoption of a Resolution requesting the Virginia
Department of Transportation to abandon a portion
of Route 601.
3. Request for Acceptance of Huntridge Road and Golden
Circle into the Virginia Department of
Transportation Secondary System.
4. Acceptance of Sanitary Sewer Facilities serving the
Orchards.
5. Adoption of a Resolution requesting that the
Virginia Department of Transportation decrease the
speed limit and prohibit tractor -trailers on
portions of Colonial Avenue.
6. Adoption of a Resolution of Appreciation to
Lingerfelt Associates for supporting the Easter
Seal Summer Concerts at Valleypointe Park.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt the resolution with
Item 2 removed for a separate vote, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
On motion of Supervisor Nickens to adopt the resolution in
Item 2, and carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy,
NAYS: None
ABSTAIN: Supervisor Johnson
A COPY TESTE:
Mary H. Mlen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Cliff Craig, Director, Utilities
ACTION NO. A -21192-7.a
ITEM NUMBER IJ—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 11, 1992
AGENDA ITEM: Confirmation of Committee Appointments to the
Building Code Board of Adjustments and Appeals,
Grievance Panel and Library Board
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
At the January 28, 1992 meeting, the Board of Supervisors made the
following nominations:
Building Code Board of Adjustments and Appeals
Supervisor Nickens nominated Thomas Darnall to another four-year
term expiring January 22, 1996.
Grievance Panel
Supervisor Eddy nominated Kenneth Lussen to another two-year term
expiring February 23, 1994.
Library Board
Supervisor Eddy nominated Charlotte Lavinder to a four year term
expiring December 31, 1995.
STAFF RECOMMENDATION:
It is recommended that the above nominations be confirmed by the
Board of Supervisors.
2�2�;611, 0 4r'�
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson
s- i
No Yes Abs
Eddy x
Johnson x
Kohinke x
Minnix x
Nickens x
cc: File
Building Code Board of Adjustments & Appeals File
Grievance Panel File
Library Board File
.r'
2/20/92 CORRECTED WORD "GRAY" TO 11BLUE11 4TH PARAGRAPH
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 11, 1992
RESOLUTION 21192-7.b REQUESTING ACCEPTANCE OF
THE ABANDONMENT OF A PORTION OF ROUTE 601
BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
WHEREAS, Secondary Route 601, from 0.22 MN NCL Roanoke to
Route 11, a distance of 2.135 miles, has been altered, and a new
road has been constructed and approved by the State Transportation
Commissioner, which new road serves the same citizens as the road
so altered; and
WHEREAS, certain sections of this new road follow new
locations, these being shown on the attached sketch titled,
"Changes in Secondary System Due to Relocation and Construction on
Route 601, Project 0601-080-119,C501 dated at Richmond, Virginia,
May 26, 1967."
NOW, THEREFORE, BE IT RESOLVED: That the sections of old
location, i.e., Section 1, shown in blue on the aforementioned
sketch, a total distance of 0.17 miles, be, and the same hereby is,
abandoned as a public road, pursuant to Section 33.1-155 of the
Code Virginia, as amended;
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy,
NAYS: None
ABSTAIN: Supervisor Johnson
A COPY TESTE:
m 41
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
George Simpson, Assistant Director, Engineering, and
Certified Copy for Virginia Department of Transportation
CORRECTED 2/14/92 TO ADD MAP IN PARAGRAPH 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 11, 1992
RESOLUTION 21191-7.c REQUESTING ACCEPTANCE OF
HUNTRIDGE ROAD AND GOLDEN CIRCLE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Huntridge Road,
from the end of state maintenance to the intersection of Rome
Drive, for a distance of 0.19 miles and Golden Circle, from the
intersection of Huntridge Road to the cul-de-sac, for a distance
of 0.06 miles to be accepted and made a part of the Secondary
System of State Highways under Section 33.1-229 of the Virginia
State Code.
2. That it appears to the Board that drainage easements and
a fifty (50) foot right-of-way for said roads have heretofore been
dedicated by virtue of a certain map known as The Orchards
Applewood, Sections 6 and 7, Subdivision which maps are recorded
in Plat Book 11, Page 130, and Plat Book 13, Page 73, of the
records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on April 5, 1989, and March 22, 1991,
respectively, and that by reason of the recordation of said maps
no report from a Board of Viewers, nor consent or donation of
right-of-way from the abutting property owners is necessary. The
Board hereby guarantees said drainage easements and a right-of-
way for the street.
3. That said roads known as Huntridge Road and Golden Circle
and which are shown on a certain sketch accompanying this
Resolution, be, and the same are hereby established as public roads
to become a part of the State Secondary System of Highways in
Roanoke County, only from and after notification of official
acceptance of said streets or highways by the Virginia Department
of Transportation.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
George Simpson, Assistant Director, Engineering, and
copy for Virginia Department of Transportation
ACTION # A -21192-7.d
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 11, 1992
SUBJECT: Acceptance of Sanitary Sewer Facilities Serving The
Orchards (Applewood), Section 6
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of The Orchards (Applewood), Section 6, F & W
Community Development Corporation, have requested that Roanoke
County accept the Deed conveying the sanitary sewer facilities
serving the subdivision along with all necessary easements.
The sewer facilities are installed, as shown on plans prepared by
Lumsden Associates, P.C. entitled The Orchards (Applewood),
Section 6, dated January 17, 1991, which are on file in the County
Engineering Department. The sanitary sewer facility construction
meets the specifications and the plans approved by the County.
FISCAL IMPACT:
The value of the sanitary sewer construction is $66,000.
RECOMMENDATION•
Staff recommends that the Board of Supervisors accept the sanitary
sewer facilities serving The Orchards (Applewood), Section 6 along
with all necessary easements, and authorize the County
Administrator to execute a Deed for the transfer of these
facilities.
SUBMITTED BY: APPROVED: J-- q
Cliffor aig, P.E.
Utility Director
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (y) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred Kohinke x
to Minnix x
Nickens x
cc: File
Clifford Craig, Utility Director
Arnold Covey, Director, Engineering & Inspections
DEED OF EASEMENT AND ASSIGNMENT
THIS DEED, DEED OF EASEMENT AND ASSIGNMENT, made this 13th day of .January
1992, by and between: F & W Community Development Corporation
hereinafter referred to as the "Developer," party of the first part; the BOARD
OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the
"Board," party of the second part; and ELMER C. HODGE, County Administrator of
Roanoke County, VIRGINIA, party of the third part.
: W I T N E S S E T H:
THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue, the
Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of
GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer
lines, valves, fittings, laterals, connections, storage facilities, sources of
water supply, pumps, manholes and any and all other equipment and appurtenances
thereunto, in and to the water and/or sewer systems in the streets, avenues and
public utility, water and/or sewer easement areas that have been or may hereafter
be installed by the Developer, along with the right to perpetually use and occupy
the easements in which the same may be located, all of which is more particularly
shown and described and designated as follows, to wit:
As shown on the plan entitled The Orchards (Applewood), Section 6
dated January 17 , 1991 made by Lumsden Associates, P.C.and on file
in the Roanoke County Engineering Department.
Page 1 of 3
T - I
The Developer does hereby covenant and warrant that it will be responsible
for the proper installation and construction of the said water and/or sewer
systems including repair of surface areas affected by settlement of utility
trenches for a period of one (1) year after date of acceptance by the Board and
will perform any necessary repairs at its cost.
Elmer C. Hodge, County Administrator of Roanoke County, Virginia, party
of the third part, hereby joins in the execution of this instrument to signify
the acceptance of this conveyance pursuant to Resolution No.
adopted by the Board of Supervisors of Roanoke County, Virginia.
WITNESS THE FOLLOWING signatures and seals:
Developer: F & W 'Community Development Corporation_
By:
By:
"C
As:
State of: Virginia
Ootx>WCity of: Roanoke to wit:
The foregoing deed was acknowledged before me this:
14th , day of January 1 19 92
By: Richard S. Whitney, Jr. as Executive Vice President
Duly authorized officer Title
on behalf of F & W Community Development Corporation
ry Public
My Commission expires: October 24, 1992
Page 2 of 3
Approved as to form: County Administrator of Roanoke
County, Virginia
County Attorney
State of:
County/City of:
39
Elmer C. Hodge
to wit:
The foregoing deed was acknowledged before me this:
, day of , 19 ,
by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors
of Roanoke County, Virginia.
Notary Public
My Commission expires:
Revised 10/16/90
Page 3 of 3
NF4-
THE os %
woo
NTRI CK
VICINITY MAP
NORTH
ACCEPTANCE OF SEWER FACILITIES SERVING THE ORCHARDS
SECTION 6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 11, 1992
RESOLUTION 21192-7.e REQUESTING THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION DECREASE THE SPEED LIMIT AND
PROHIBIT TRACTOR TRAILERS ON PORTIONS OF COLONIAL AVENUE
WHEREAS, on January 28, 1992, citizens residing near the
intersection of Colonial Avenue and Hazel Drive presented petitions
to the Board of Supervisors of Roanoke County, Virginia requesting
that road improvements in their community begin as soon as
possible, and
WHEREAS, the residents also expressed concern about the speed
limit in that area and the increase in tractor trailers traveling
on Colonial Avenue towards Route 221, and
WHEREAS, at the January 28, 1992 meeting, by unanimous vote,
the Board of Supervisors directed that notification be sent to the
Virginia Department of Transportation advising them of the
residents request.
THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia hereby requests that the Virginia
Department of Transportation investigate the possibility of
decreasing the speed limit on Colonial Avenue to 25 miles per hour,
and that tractor -trailers be prohibited from traveling on Colonial
Avenue.
BE IT FURTHER RESOLVED, that the Board of Supervisors supports
these residents in their efforts to address the current dangerous
situation on Colonial Avenue near the Hazel Drive intersection.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Steve Buston, Virginia Department of Transportation
Arnold Covey, Director, Engineering & Inspections
George Simpson, Assistant Director, Engineering & Inspections
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 11, 1992
RESOLUTION 21192-7.f OF APPRECIATION TO LINGERFELT ASSOCIATES
FOR SUPPORTING THE EASTER SEAL SUMMER CONCERTS
AT VALLEYPOINTE PARK
WHEREAS, for the past three years, the Easter Seal
Society of Virginia has held fund raising activities at
Valleypointe; and
WHEREAS, "Valleypointe After Hours" has raised
significant funding for the Easter Seal Society; and
WHEREAS, Lingerfelt Associates, the developer of
Valleypointe, has been instrumental in the success of this
endeavor, and has demonstrated the spirit of corporate generosity
in allowing this event to take place at the complex.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors does hereby extends its appreciation and
gratitude to LINGERFELT ASSOCIATES for their support of
"Valleypointe After Hours" for the enjoyment of the citizens of
Roanoke Valley and for the benefit of the Easter Seal Society of
Virginia.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
cc: File Roanoke County Board of Supervisors
Resolutions of Appreciation File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY ill 1992
RESOLUTION 21191-8 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 members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting 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 Johnson to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Eddy,
NAYS: None
ABSENT: Supervisor Minnix
A COPY TESTE:
/`/
Mary H. Allen, Clerk
cc: File
Executive Session Roanoke County Board of Supervisors