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HomeMy WebLinkAbout12/1/1992 - 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, 1992 RESOLUTION 12192-1 OF CONGRATULATIONS TO THE ROANOKE COUNTY POLICE DEPARTMENT FOR RECEIVING ACCREDITATION FROM THE COMMISSION ON THE ACCREDITATION OF LAW ENFORCEMENT AGENCIES WHEREAS, the Roanoke County Police Department was formed in 1990, and since that time, has worked toward the goal of achieving national accreditation for the Department; and WHEREAS, the Commission on the Accreditation of Law Enforce- ment Agencies (CALEA) is a national organization which accredits police agencies throughout the Country; and WHEREAS, there are less than 300 agencies nationwide which have received accreditation from CALEA, a process that subjects departments to scrutiny of the policies and procedures governing every aspect of their operation; and WHEREAS, on November 21, the Roanoke County Police Department received accreditation from CALEA, along with special recognition for the Neighborhood Watch Program, the Evidence and Property Tracking System, the Citizens' Police Academy and for the creation of the department itself; and WHEREAS, the members of the Accreditation Team within the Department spent many hours, in addition to their regular duties, planning for the success of the Accreditation process; and WHEREAS, accreditation provides assurances to the Roanoke County Police Department, and to the citizens which it serves, that standards of excellence are used for all facets of operation; and WHEREAS, in achieving this recognition, the Department has shown its outstanding dedication to the professionalism of law enforcement and to the safety and security of the residents of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby extend congratulations to the ROANOKE COUNTY POLICE DEPARTMENT for its achievement in receiving this national honor; and BE IT FURTHER RESOLVED, that the Board of Supervisors particularly congratulates the members of the Accreditation Team, Jeffrey Swortzel, Gary Roche, Leigh Anne Vulgan and Kevin Meredith, for their successful work towards achieving this honor for the County. 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: ez Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File Chief John Cease, Police Department D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1992 RESOLUTION 12192-2 OF CONGRATULATIONS TO EDWARD L. TRUETT UPON THE OCCASION OF HARSHBARGER HOUSE BEING NAMED TO THE NATIONAL REGISTER OF HISTORIC PLACES WHEREAS, preservation of our historic resources is important to the education, cultural enrichment and sense of community of the citizens of Roanoke County; and WHEREAS, the Roanoke Valley has a variety of historic structures which represent the lives of the people who settled the area in the 18th and 19th centuries; and WHEREAS, the Harshbarger House, located in the Hollins Magisterial District in Roanoke County, was constructed in 1797, with a brick addition built in 1825, and may be one of the earliest homes still standing in the Roanoke Valley; and WHEREAS, the Harshbarger House has been carefully restored by Edward L. Truett, was placed on the Virginia Landmarks Register in 1991, and has recently been approved for inclusion on the National Register of Historic Places. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of the County, hereby extends its congratulations to EDWARD L. TRUETT for receiving recognition of his sensitive and authentic restoration of this historic building; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its appreciation to Mr. Truett for preserving an important part of Roanoke County's heritage. 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: yytaAf- �• Gni Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File ACTION NUMBER A-12192-3 ITEM NUMBER E—'2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Request for Appropriation to Provide Hepatitis B Vaccinations for Volunteer Fire and Rescue Personnel COUNTY ADMINISTRATOR'S COMMENTS: Recormend approval. The County has established a waiver procedure for the staff and volunteers who choose not to participate in the vaccine progran. BACKGROUND: On December 6, 1991, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) issued the Occupational Exposure to Bloodborne Pathogens Standard 29 CFR 1910.1030. On February 25, 1992, the Virginia Safety and Health Codes Board adopted the identical federal standard with an effective date of June 1, 1992. SUMMARY OF INFORMATION: The Board may recall that at their October 13, 1992 meeting an appropriation was approved in the amount of $33,800 to cover the cost of vaccinations, supplies, training and waste pickup. This was for employees only and did not include volunteers. At that time, staff was requested to bring a report back to the Board of Supervisors on the costs to cover volunteers and any others that may be at risk. Volunteer fire and rescue personnel are not regulated by OSHA requirements but exposure to the Bloodborne Pathogens is the same. All volunteer rescue organizations in the County offered vaccinations to their members in July, 1992. They chose to use a portion of their annual operating money provided by Roanoke County to cover this cost. Volunteer fire organizations have been contemplating doing the same. Staff recommends that the County provide the hepatitis vaccine, emergency kits and waste disposal for our fire and rescue volunteers. This will allow them to reallocate their funding to the purchase of equipment and other operational costs. This will be an ongoing program with related costs such as replacement of supplies, vaccination of all new volunteers and biohazard waste E -a pickup. These ongoing program costs will be handled in the budget process each year. FISCAL IMPACT• The estimated cost for this program in FY 1992-93 is as follows: Vaccine ( 326 x $90) $29,340 Supplies 6,000 Biohazard Waste Pickup 1,500 $36,840 The vaccine figure of 326 includes the rescue volunteers already vaccinated. The appropriate funding would be placed in the volunteer account to cover reimbursement. Future costs will be included in the budget process each year. In the current year, however, an appropriation will be needed in the amount of $36,840 to cover the items listed above. STAFF RECOMMENDATION: Staff recommends an appropriation of $36,840 from the General Fund Unappropriated Balance to purchase the vaccine and supplies to provide the same level of protection to our volunteers as we do our career personnel. SUBMITTED BY: T. Fu u F4e an Rescue Chief APPROVED: Elmer C. Hodge, -Jr. County Administrator ----------------------------------------------------------------- ACTION VOTE Approved (� Denied ( ) Received ( ) Referred To Motion by: Harry C. Nickens to appropriate $36,840 No Eddy Johnson Kohinke Minnix Nickens _ cc: File T. C. Fuqua, Fire & Rescue Chief Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Robert C. Jernigan, Risk Manager D. Keith Cook, Director, Human Resources Pat Bryant, County Health Nurse Dr. Margaret Hagan, Roanoke County Health Dept Yes Abs X x x x x A-12192-4 ACTION NO. ITEM NUMBER 'E: - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Request to Amend the Investment Policy COUNTY ADMINISTRATOR'S COMMENTS: J/, BACKGROUND: Investment Policy was lst adopted on May 12, 1987. It was amended on January 28, 1992 to allow greater investment flexibility. Bankers Acceptances and Commercial Paper are sold at a discount in blocks of $1,000,000. SUMMARY OF INFORMATION: On page 12 under Deversification of Funds the maximim total portfolio for these is 5%. The Auditor brought this to my attention and suggested we look at this. They further suggested we might want to quadrupile the percentage as our investments of necessity are kept short. This was lifted verbatim from the Chesterfield investment policy. Chesterfield has a $100,000,000 plus portfolio. Whereas our portfolio seldom rises above $20,000,000. The size of our portfolio causes the purchase of Bankers Acceptance or Commercial Paper to be just in the excess of 5% at the end of the fiscal year. If we are to continue to invest in these instrunents, we should revise the percentage to 10%. FISCAL IMPACT: Bankers Acceptance and Commercial Paper offer a greater return on this type of investment rather than a CD or instrument of the Federal Government. STAFF RECOMMENDATION: The Treasurer recommends the attached :amendment to the County investment policy. Altfed C. Anderson County Treasurer 4�-Z62 Elmer C. Hodge County Administrator g-3 ---------------------------------------------------------------- ACTION VOTE Approved (y) Motion by: x_ OrIPil M;nn;x No Yes Abs Denied ( ) to approve amendment Eddy x Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix —� Nickens cc: File Alfred C. Anderson, County Treasurer E--,3 (12) Local Government Investment Pool - State Pool No more than $15 million Commercial Paper No more than 25% of the total portfolio with any one institution Deversification of Funds to be invested in any one issue: NO limit- FDIC, FSLIC, Collateralized Certificates of Deposit No limit- U.S. Treasuries and Agencies Maximum ---S-% 10$ of total portfolio for any Bankers Acceptance and Commercial Paper issue II. Repurchase Agreements Definition A. Investing in Repurchase Agreements 1. The Instrument The repurchase agreements (Repo's) are an integral part of an investment program of state and local government. Their flexibility is unmatched by other short term money market instruments. They provide the investor an excellent cash management tool. The sale by a bank of a government security with a simultaneous agreement to repurchase the security at a later date can insure safety of public funds while securing money market rates of interest. a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1992 RESOLUTION 12192-5 OF SUPPORT FOR THE COUNTY OF ROANOREPS OFFICE OF EXTENSION AND CONTINUING EDUCATION AND THE 4-H PROGRAM WHEREAS, reduced funding by the Commonwealth of Virginia to the Extension and Continuing Education program has resulted in the reduction of the number of extension agents assigned to local offices, delayed filling of vacancies and relocated agents to other offices statewide, causing the number of extension agents currently serving Roanoke County and Salem to be reduced from five agents to three, and WHEREAS, the most recent action to transfer one of the remaining Roanoke County extension agents serving the 4-H program to the Roanoke City office would further diminish the programming available to the residents of Roanoke County and Salem, and WHEREAS, there remains a disparity in the ratio of the number of extension agents to population served when comparing our local office and planning district to other regions of the Commonwealth, and WHEREAS, there is also a disparity in the percentage of the local share of salary paid by Roanoke County for some of the County Agents as compared to the local share paid by other localities. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County strongly supports the efforts and programming offered by the Roanoke County/Salem Office of Extension and Continuing Education, especially the 4-H program and its benefit to the youth of our community, and BE IT FURTHER RESOLVED that the County urges the State to properly share in the cost and operation of the local office by retaining the existing positions and staff, to fill the vacant Agricultural agent position and to properly share in of the salaries of all extension agents, and BE IT FURTHER RESOLVED that the action to transfer the 4-H agent from the Roanoke County office to the Roanoke City office be delayed until the impact of the General Assembly action towards the projected budget deficit can be addressed and its full impact towards staffing known so as not to disrupt the levels of service currently being provided by the Roanoke County office, and BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Dr. James McComas, President of Virginia Polytechnic Institute and State University, Dr. L. Andrew Swiger, Interim Dean of the College of Agriculture and Life Sciences, Dr. William A. Allen, Interim Director of Virginia Cooperative Extension Service, Dr. Judith Jones, Associate Director of Field Operations and Administration of the Virginia Cooperative Extension Service, and to our state legislators with strong encouragement to carefully consider restoring the monies necessary to offset the projected budget shortfall within this program to ensure the continuation of this service to our community. On motion of Supervisor Nickens to adopt the resolution amended that matter be delayed until after action by the 1993 General Assembly and that copies be sent to Dr. Swiger and William Allen, 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 Dr. James McComas Dr. L. Andrew Swiger Dr. Wi]]iam A. Allen Dr. Judith Jones Jean Vandergrift John C. Chambliss, Jr. Roanoke Valley Legislators ACTION NO. A-12192-6 Item No. _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: December 1, 1992 AGENDA ITEM: Request to amend the Record of Decision for the Final Environmental Impact Statement, Roanoke River Parkway, Blue Ridge Parkway for Visitor Center site location change. i EXECUTIVE SUNKARY : The Record of Decision includes the National Park Service's decision to accept Alternative #4 (2 mile Blue Ridge Parkway extension to Virginia's Explore Park), and accept the proposed visitor center site #3 for future development. (Please see attached map and Report on the Status of the Parkway Spur.) Roanoke County supported site #3 in a letter dated January 25, 1991 to Tom Brown, Associate Regional Director, Southeast Region. Site #3, however, is not available for future visitor center development and is no longer considered the preferred site. To recommend a change in the visitor center from site #3 to site #5, as shown in the Final Environmental Impact Statement, an amendment request must be made to James W. Coleman, Jr., Regional Director, Southeast Region. BACKGROUND: The Record of Decision (ROD) for the Final Environmental Impact Statement (FEIS), Roanoke River Parkway, Blue Ridge Parkway, was signed on September 30, 1992 by James W. Coleman, Jr., Regional Director, Southeast Region, National Park Service. This action concluded the FEIS process and initiated the design and construction phase of the Roanoke River Parkway Spur. Included in the Record of Decision were the following statements regarding the proposed visitor center: In addition to the park road construction, five potential sites for development of a visitor center to orient travelers to the Blue Ridge Parkway and the Roanoke Valley were also considered. The construction of a visitor center at site #3 as discussed in the FEIS is environmentally preferred compared to the alternate sites 6_s and is the proposed action. Additionally, the proposed visitor center site #3 is accepted as the future development site of this facility. Since site #3 is not available, due to cost and desire not to use eminent domain, an alternative site #5 is preferred for the following reasons: 1) with the closure of the landfill by January 1994, and the knowledge of the parkway extension alignment, site #5 is more aesthetically appealing than originally thought. 2) cost of these sites would not be a factor, whether on unfilled landfill, or land held by the Virginia Recreational Facilities Authority. 3) as included in the FEIS, if either of these sites were selected, adjacent to the parkway extension, any funds remaining from the parkway extension could be used to begin planning and construction of the visitor center. 4) topography and access by way of the parkway extension would be advantageous and would substantially reduce visitor center costs. 5 ) as one of the five originally studied sites, no delays would result (any additional sites considered along the parkway would require a new environmental impact statement). A visitor center in this region would reach a significant portion of the estimated 2.7 million travelers through this region, potentially resulting in increased tourism dollars throughout the Roanoke Valley. There is substantial regional support for a National Park Service Visitor Center along the Blue Ridge Parkway, near the parkway extension to Virginia's Explore Park. An amendment to the Record of Decision would make the possibility of a visitor center at that location more likely. None 1. Staff recommends that the County send a letter requesting an amendment to the Record of Decision for the Final Environmental Impact Statement, Roanoke River Parkway, Blue Ridge Parkway for a Visitor Center site location change. 2. Direct staff to draft letter for signature by the Chairman of the Board. E- 5 Respectfully submitted: Approved: Joyc Waugh Elmer C. Hod e Ec o c Development Specialist County Administrator cc: File James W. Coleman, Reg. Dir., U.S. Dept of the Interior Gary Everhardt, Superintendent, Blue Ridge Parkway L. H. Hamlar, Chairman Va Recreational Facilities Authority Robert Hope, Resident Landscape Architect, Roanoke River Parkway Rupert Cutler, Director, Environmental Education Center Terrance L. Harrington, Director, Planning & Zoning Timothy W. Gubala, Director, Economic Development Joyce W. Waugh, Economic Development Specialist The Honorable John W. Warner, United States Senator The Honorable Charles S. Robb, United States Senator The Honorable James R. Olin, United States Congressman The Honorable Charles R. Hill, Mayor, Town of Vinton ACTION No Yes Abs Approved (x) Motion by: Harry C. NickensEddy x Denied ( ) motion to approve Site #5 Johnson x Received ( ) for visitor center Kohinke x Referred Minnix x to Nickens x cc: File James W. Coleman, Reg. Dir., U.S. Dept of the Interior Gary Everhardt, Superintendent, Blue Ridge Parkway L. H. Hamlar, Chairman Va Recreational Facilities Authority Robert Hope, Resident Landscape Architect, Roanoke River Parkway Rupert Cutler, Director, Environmental Education Center Terrance L. Harrington, Director, Planning & Zoning Timothy W. Gubala, Director, Economic Development Joyce W. Waugh, Economic Development Specialist The Honorable John W. Warner, United States Senator The Honorable Charles S. Robb, United States Senator The Honorable James R. Olin, United States Congressman The Honorable Charles R. Hill, Mayor, Town of Vinton N d c O >. =cis 3 d � a as d � Y m 4 a CY O 4D g IC Oo 3 am m ACTION NO. A-12192-7 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, 1992 AGENDA ITEM: Request for Approval to Install a Traffic Signal at the Intersection of Chaparral and Penn Forest Boulevard COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Highways (VDOT) has determined from accident reports and traffic volumes that a traffic signal needs to be installed at the intersection of Chaparral and Penn Forest Boulevard. There has been a number of accidents and two fatalities at this intersection in recent years, and VDOT has advised that this location is one of their highest priorities for traffic signalization. Traffic at this intersection will increase even more when the County offices are relocated to the Travelers Building. It will cost approximately $75,000 to install this light and the staff has identified two possible methods for funding. One funding method is to ask VDOT to take the full amount from the Incidental Construction category of the Six Year Secondary Road budget. This category is established each year to make minor repairs and improvements. The County has not funded traffic signals out of this category before. However, due to the high priority placed on the intersection by VDOT and the relocation of the County offices, this could be an acceptable method. If the Board chooses this alternative, we will have to request an amendment to the Six Year Plan. This option will not require a General Fund appropriation. Another method for funding the signal is to use the same procedure that we have in the past. The County would approach the adjoining property owners for participation or full payment. The County usually participates and the project does not go forward until all funding is accounted for. The County contributed $25,000 for the signal at Northside High School and $30,000 for the signal at Colonnades Office Building using this method. I have discussed this with staff from Fralin & Waldron, the adjoining property owners. They are willing to participate in the cost of the new signal, but have requested that the County participate in the cost of upgrading the signal at Chaparral and Route 419. This alternative would continue the practice of participation by property owners who benefit, but would require funding from the County. Presumably, the County would contribute the same amount as Fralin & Waldron to the new signal. ALTERNATIVES AND FISCAL IMPACT: Alternative #1: Fund the traffic signal from the VDOT Incidental Construction Fund. There would be no cost to the County. Alternative #2: Fund the traffic signal by joint participation with adjoining property owners. This would require an appropriation of $37,500 from the General Fund Unappropriated Fund Balance. STAFF RECOMMENDATION: Staff recommends Alternative #1, that the Board of Supervisor approve the installation of the new signal funded from the Six Year Incidental Construction budget. This will not require an appropriation from the General Fund. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Elmer C. Hodge County Administrator ACTION Motion by: H. Odell Minnix motion to approve using T •. VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections ACTION # A-12192-8 ITEM NUMBER 46-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Approval of Change Order No. 10 for the Spring Hollow Reservoir Contract COUNTY ADMINISTRATOR'S COMMENTS:Ar-�� .w BACKGROUND• The Board of Supervisors approved a procedure for approval of Change Orders on the Spring Hollow Reservoir Project. This procedure requires Board of Supervisor approval for Change Orders that will cost in excess of $200,000. SUMMARY OF INFORMATION: Change Order No. 10 in an amount of $524,179.64 is for material and construction required for adding 2,160 linear feet of 42 inch water line. This water line is required by the State Health Department in order to provide isolation between the water inlet and water withdrawal facilities. FISCAL IMPACT• Funds required for Change Order No. 10 the amount of $524,179.64 are available within the Spring Hollow Reservoir Project Budget portion of the 1991 Water Projects Fund. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Change Order No. 10 in the amount of $524,179.64. It is further recommended that the Board of Supervisors authorize the County Administrator to execute Change Order No. 10 on behalf of Roanoke County. SUBMITTED BY: Clifford g, P.E. Utility Director APPROVED: mz � Kd�)z Elmer C. Hodge County Administrator E-7 ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) to approve Change Order Eddy x Received ( ) No. 10 Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1992 RESOLUTION 12192-9 SUPPORTING THE SUBMISSION BY THE BOTETOURT COUNTY BOARD OF SUPERVISORS OF A PROPOSED ORDINANCE REGULATING EMISSIONS FROM INDUSTRIAL FURNACES AND BOILERS WHICH BURN HAZARDOUS WASTES TO THE STATE AIR POLLUTION CONTROL BOARD WHEREAS, the Botetourt County Board of Supervisors is considering the adoption of a proposed ordinance to regulate emissions from industrial furnaces and boilers which burn hazardous wastes; and, WHEREAS, Section 10.1-1321 of the Code of Virginia, 1950, as amended, requires that any locality proposing to adopt an ordinance, or amendment to an existing ordinance, relating to air pollution, shall first obtain the approval of the State Air Pollution Control Board, and that the Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board; and, WHEREAS, the Botetourt County Board of Supervisors has submitted said ordinance to the State Air Pollution Control Board, and that a hearing thereon has been scheduled for December 4, 1992 in Richmond; and, WHEREAS, the regulation by local government of the location, operation, and management of facilities which burn hazardous waste is essential to the public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That Roanoke County hereby supports the power and authority of local government to regulate the location, operation and management of facilities which burn hazardous waste, and that such regulation is essential to public health, safety and welfare. 2) That Roanoke County supports the submission by Botetourt County of an ordinance regulating emissions from industrial furnaces and boilers which burn hazardous waste, to the State Air Pollution Control Board, and urges the State Air Pollution Control Board to approve said ordinance. 3) That the Clerk to the Board of Supervisors is hereby directed to mail a certified copy of this Resolution to the State Air Pollution Control Board, the Chairman of the Botetourt County Board of Supervisors, each member of the Roanoke Valley delegation to the Virginia General Assembly, and to the Mayors of the Town of Vinton, the City of Roanoke, and the City of Salem. 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. llen, Clerk Roanoke County Board of Supervisors cc: File State Air Pollution Control Board Roanoke Valley Legislators The Honorable Wanda C. Wingo, Chairman, Botetourt County Board of Supervisors The Honorable David A. Bowers, Mayor, City of Roanoke The Honorable James Taliaferro, Mayor, City of Salem The Honorable Charles R. Hill, Mayor, Town of Vinton I hereby certify that the foregoing is a true and correct copy of Resolution 12192-9 supporting the submission by Botetourt County Board of Supervisors of proposed ordinance to the State Air Pollution Control Board adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 1, 1992. Mary H. Allen, Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11 1992 ORDINANCE 12192-10.$ AMENDING AND REENACTING SECTION 13-13 "UNLAWFUL DISPOSAL OF RUBBISH OR OTHER WASTE MATERIAL" OF CHAPTER 13 "OFFENSES - MISCELLANEOUS" OF THE ROANOKE COUNTY CODE BY PROVIDING FOR A CLARIFICATION OF PROVISIONS AND DESIGNATION OF ENFORCEMENT PERSONNEL, AND AN EFFECTIVE DATE THEREFOR WHEREAS, the Board of Supervisors of Roanoke County, Virginia finds that the illegal dumping and disposal of trash constitutes a significant problem for the County and poses a significant threat to the public health, safety and welfare of its citizens, and, WHEREAS, a clarification of this ordinance in order to more closely incorporate the provisions of the State enabling legislation is in order, as well as clarifying the enforcement personnel provisions, and, WHEREAS, State enabling authority for this ordinance is found in Section 33.1-346 of the Code of Virginia, 1950, as amended, and, WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading of this ordinance was held on December 1, 1992. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Section 13-13 of Chapter 13, "Offenses - Miscellaneous" is hereby amended and reenacted as follows: Sec. 13-13. Unlawful disposal of rubbish or other waste material. (a) No person shall dump or dispose of or leave or cause to 1 be thrown any rubbish, tin ea -a-, trash, garbage, litter or other waste substance or material in or upon and along any public property, including a street, road, highway, right-of-way, property adiacent to such highway or right-of-way park or alley in the county; nor shall any person dispose of, dump or throw any rubbish trash, garbage, litter or other waste substance or material upon any private property without the written consent of the owner thereof or his agent; nor shall any person dispose of, dump or throw any rubbish, tin ea—sr trash, garbage, litter or any other waste material or substance upon any lots or property in the county which have not been selected, approved and designated as a garbage or trash disposal area by the health department ef-the county. (b) In the event a person violating this section is known to the superintendent e€-publie faeilltTes, thesuperintendent County Administrator or his designee the County Administrator or his designee shall give the violator ten (10) days' written notice, by certified mail, to clean up and remove such rubbish, tin—moans-, trash, garbage, litter or other waste substance or material. Should the violator not take appropriate action within such ten-day period, the superintendent County Administrator or his designee shall, by use of county employees or by employing an agent of the county, have the rubbish, `i- „-, trash, garbage, litter or other waste substance or material removed. The violator shall be liable for the charges and costs of such removal. Nothing in this subsection shall be deemed to bar the prosecution of any person for a violation of this section. W (c) A violation of any provision of this section shall constitute a Class 1 misdemeanor. 2. That this ordinance shall be in full force and effect from and after December 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None A COPY TESTE: -,�V- Mary H. Allen, Clerk Roanoke County Board of Supervisors CC. File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, H, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor 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 KrantzBetty 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., Asst Cty Adm 3 Don C. Myers, Asst Cty Adm Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Eng & Insp Terrance L. Harrington, Dir., Plan & Zone Kenneth L. Hogan, Chief Animal Control Officer John R. Hubbard, CEO, RVRA Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith„ Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael Lazzury Court Services AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1992 ORDINANCE 12192-10.b AMENDING AND REENACTING SECTION 13-14 "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" OF CHAPTER 13 "OFFENSES - MISCELLANEOUS$$ OF THE ROANOKE COUNTY CODE BY PROVIDING FOR AN INCREASE IN THE PENALTY FOR ILLEGAL ACCUMULATION OF TRASH AND THE DESIGNATION OF ENFORCEMENT PERSONNEL, AND AN EFFECTIVE DATE THEREFOR WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that the illegal disposal and accumulation of trash constitutes a public nuisance and poses a threat to the public health, safety, and welfare of the County, and, WHEREAS, the Board further finds that increasing the penalties for these violations would assist in the enforcement of and with this ordinance, and, WHEREAS, the adoption of this ordinance is authorized by the provisions of Section 15.1-11 of the Code of Virginia, 1950, as amended, and, WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading of this ordinance was held on December 1, 1992. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia: 1. That Section 13-14 of Chapter 13, "Offenses - Miscellaneous" is hereby amended and reenacted as follows: Sec. 13-14. Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof. (a) For the purposes of this section, the following words and 04 phrases shall have the meanings respectively ascribed to them by this subsection: (1) Abatement cost: The county's cost of labor, equipment and supplies for, or the contract price of, and any charges to, the county, with respect to the removal and disposal of weeds or trash from a parcel. ( 2 ) Enforcement agent: The strge i- rtendent e= devclepment County Administrator or his designee. (3) Owner: Any person shown by any public record to have an interest in real estate lying in the county upon which a public nuisance exists as of the date of the abatement of the public nuisance under this section. (4) Parcel: Any real estate, or any interest therein, situate, lying and being in the county in any areas zoned for residential, business, commercial, or industrial uses or in any subdivision. (5) Public nuisance: Any act or activity the causing or maintaining of which is such an inconvenience or troublesome matter as to annoy, injure or damage the public at large or a substantial portion of the community or a considerable number of persons, and from which any resulting damage is not specifically apportionable to any one member of the community. (6) Subdivision: Any tract or parcel of land divided 2 into two (2) or more lots or parcels, for the purpose, whether immediate or future, of transfer of ownership or development, as otherwise defined in the Roanoke County Subdivision Ordinance. (7) Trash: Abandoned personal property, garbage, refuse, rubbish, litter or debris ehr—sem= inalude an aeetmemlatien ere —.reeds ever f i=teen (15) inehes--leng, epee y lying ems— any =-par ee�. (8) Weed or weeds: Any plant, grass or other vegetation covering SUbBtantlally a14 a substantial portion of a parcel which is over f€teen (3:5) twelve (12) inches long, other than trees, shrubbery and agricultural plants. (b) All exterior property areas and premises shall be maintained in a clean, safe condition, free from any accumulation of trash and the failure to so .maintain any parcel shall constitute a Class 4 1 misdemeanor and each day the failure to comply with this provision continues shall constitute a separate offense and shall additionally constitute a public nuisance. (c) Weeds growing on and trash lying en any parcel shall constitute a public nuisance. It shall be unlawful to cause or maintain a public nuisance with respect to any parcel. An owner shall abate any public nuisance with respect to this parcel. Every owner of a parcel of real estate situate in the county shall cause to be cut therefrom all weeds and teremrve-herefrem a!! trash. Any owner who shall violate the provisions of this subsection shall 3 be deemed guilty of a class 4 misdemeanor. (d) In addition to any applicable criminal sanctions provided in this code, whenever the enforcement agent determines that a public nuisance exists upon any parcel, he shall notify the record owner of such parcel of such fact by certified mail at the owner's last known address, as shown by any source available to the agent, and such notice shall constitute, for purposes of this section, due legal notice as made and provided by law. The notice herein required shall direct that the public nuisance be abated within fourteen (14) days following the mailing. In case the owner's address is unknown or cannot be found, the enforcement agent shall post the notice herein required at a conspicuous place on the parcel on which the public nuisance exists and the posting shall constitute, for purposes of this section, legal notice as made and provided by law. (e) The notice provided for in subsection (d) above shall advise the owner that if he objects to the proposed action of the county he may present, at the time and place indicated on the notice, his objection; provided that, within seven (7) days from the date of mailing or posting of the notice, the owner shall provide the enforcement agent a written statement of his objection. At the hearing, the enforcement agent shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established. (f) If the owner fails to abate the public nuisance as required, and the enforcement agent finds that the public health, 4 safety, order or convenience is impaired by the maintenance of the public nuisance, he may request in writing that the county abate such public nuisance. Upon such request, the appropriate county officials may abate such nuisance by county forces or through private contract. Any owner may abate the public nuisance himself without liability to the county, provided that he does so prior to commencement of abatement by county personnel or contractors. (g) The superintendent e # publie-fay s County Administrator or his designee shall keep an account of the cost of abating public nuisances under this section and embody such account in periodic reports with assessment lists which shall be transmitted to the superintendent ef fisc director of finance and the treasurer at convenient intervals. A copy of a cost report shall be mailed to each owner. The copy retained by the s e i itendent ef f iseal management director of finance and the treasurer shall be available for public inspection. The reports shall refer to each parcel as to which a public nuisance was abated by description sufficient to identify the parcel, and specify the following additional charges for each such parcel to be assessed against each owner: (1) A service charge of twenty (20) percent of the abatement cost. (2) Interest at ten (10) percent from date of accrual until paid. (h) No more frequently than twice a year, the superintendent r -- ef develepme nt enforcement agent shall hold hearings at the Roanoke A County Administration Center for the purpose of hearing objections to and comments upon reports and proposed assessments under this section, of correcting any mistakes or inaccuracies in the reports and of confirming the same. (i) Not less than fourteen (14) days prior to a hearing provided for in subsection (h) above, such reports and assessment lists shall be posted at the front door of the County Administration Center with a notice of the time and place the enforcement agent will conduct the hearing on the reports and assessment lists, and the superintendent of deYelepment enforcement agent shall send by certified mail to each owner, at his address as determined from county records, a notice of the time, place and subject matter of the hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide that, upon the confirmation by the enforcement accent of the reports of abatement costs and service charges the same shall constitute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and bear interest at the rate of ten (10) percent. There shall be included with the notice a statement to the owner of the abatement cost, service charge and accrued interest. (j) At the hearing provided for in subsection (h) above, the enforcement agent shall hear any 0 objections which may be raised by any owner liable to be assessed and may confirm, modify or reject the reports and assessment lists as he may deem appropriate and send those confirmed to the director of finance and the treasurer for collection of the respective special assessment. (k) With respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the superintendent ef develepment enforcement agent shall cause a notice of the lien of the special assessment prepared by the county attorney to be recorded in the clerk's office of the circuit court of the county. The county attorney may take appropriate steps, including a personal or in rem suit or action, in the appropriate court to enforce the lien to satisfy the special assessment. 2. That this ordinance shall be in full force and effect from and after December 1, 1992. 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 Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge 7 Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor 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 Don C. Myers, 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 John R. Hubbard, CEO, RVRA Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Director, Parks & Recreation Elaine Carver, Director, Procurement John D. Willey, Director, Real Estate Assessment Michael Lazzuri, Court Services K, 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11 1992 RESOLUTION 12192-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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, 1992, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Confirmation of Committee Appointment to the Mental Health Services of the Roanoke Valley Community Services Board. 2. Request from the School Board for Acceptance of a General Electric Elfun Society Grant. 3. Acknowledgement of Acceptance of 0.28 Miles of Forest Creek Drive and 0.11 miles of Millwood Drive into the Secondary System by the Virginia Department of Transportation. 4. Acceptance of Donations of Drainage Easements for Flintlock Road in Connection with the Hunting Hills Road Project. 5. Authorization to Pay Certain Legal Fees for Litigation with Grumman Emergency Products, Inc. 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 Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Al en,• Clerk Roanoke County Board of Supervisors cc: File Dr. Bayes Wilson, Superintendent, Roanoke County Schools Diane Hyatt, Director, Finance Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney ACTION NO. A -12192-11.a ITEM NUMBER K - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Confirmation of Committee Appointment to the Mental Health Services of the Roanoke Valley Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the November 17, 1992 meeting, the Board of Supervisors made the following nomination: Mental Health Services of the Roanoke Valley Board of Directors Supervisor Minnix nominated J. William Pistner to a three-year term expiring December 31, 1995. STAFF RECOMMENDATION: It is recommended that the above nomination be confirmed by the Board of Supervisors. Submitted by: Approved by: _-W. ou� "'A/� /'), Mary H. Allen, CMC Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (K) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Mental File Eddy x Johnson x Kohinke x Minnix x Nickens x Health Services of the Roanoek Valley Board of Directors 4 ACTION # A -12192-11.b ITEM NUMBER /<- P. MEETING DATE: December 1, 1992 AGENDA ITEM: Request for an Additional Appropriation to the School Grant Fund COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND Over the past several years the General Electric Elfun Society has donated funds to the Roanoke County School System for various designated projects. SUMMARY OF INFORMATION: A grant of $1,076 has been received for the purchase of four handscanners and related software to be used with the learning disabled (LD) students. The scanners will allow the regular classroom teacher and LD specialist to make modifications to the curriculum materials by scanning and importing text to the computer. LD students will also use the scanners to scan and import graphics to the computer. FISCAL IMPACT: No county matching funds are required. STAFF RECOMMENDATION: Staff recommends an appropriation of $1,076 to the School Grant Fund. C-;&koar Eddie L. Kolb, Director of Pupil Personnel Services Elmer C. Hodge County Administrator -------------------------------------------------------------- ACTION VOTE Approved ( x) Motion by : —noh I, , ae,, sexi Eddy No Yes Abs �_ Denied ( ) Johnson x Received ( ) Kohinke x Referred ( ) Minnix x To Nickens x cc:cc; File Dr. Bayes Wilson, Superintendent, Roanoke County Schools Diane Hyatt, Director, Finance I'-5-- Z FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON NOVEMBER 12, 1992 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION OF $1,076 TO THE SCHOOL GRANT FUND FOR HANDSCANNERS AND RELATED SOFTWARE. WHEREAS, the General Electric Elfun Society has granted $1,076 to Roanoke County Schools for the purchase of four handscanners and related software; BE IT RESOLVED that the County School Board of Roanoke County on motion of Charlsie S. Pafford and duly seconded, requests an appropriation of $1,076 to the School Grant Fund for the purchase of said equipment and software. Adopted on the following recorded vote: AYES: Jerry L. Canada, Barbara B. Chewning, Charlsie S. Pafford, Maurice L. Mitchell, Frank E. Thomas NAYS: None TESTE Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge A -12192-11.c ACTION NO. 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, 1992 AGENDA ITEM: Acknowledgement of Acceptance of 0.28 Miles of Forest Creek Drive and 0.11 Miles of Millwood Drive into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation. 1. Forest Edge. Sections 1 and 3 Effective October 30 1992 0.28 Miles of Forest Creek Drive (Route 1951) 2. Woodbridge Section 2. Effective November 13 1992 0.11 Miles of Millwood Drive (Route 1159) SUBMITTED BY: APPROVED BY: -A/- AA(— Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator --------------------------------------------------- ACTION VOTE Approved ( Motion by: Rnh T._ Tnhngnn No Yes Abs Denied ( ) Eddyx Received ( ) Kohinke x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections A -12192-11.d ACTION NO. ITEM NO. Al AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Acceptance of donations of drainage easements for Flintlock Road in connection with the Hunting Hills Road Project to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of drainage easements for Flintlock Road in connection with the Hunting Hills Road Project, over and across properties located in the Cave Spring Magisterial District of the County of Roanoke as follows: a) A drainage easement, fifteen feet (151) in width, from Richard W. Robers and Mary Jane Robers (Deed Book 1329, page 1772) (Tax Map No. 87.12-2-13), shown and designated as "PROP. 15' DRAINAGE ESMT." on a plat prepared by the Roanoke County Engineering Department, dated August 13, 1991. b) A drainage easement, of variable width and triangular in shape, from Carl E. McCurdy and Helen M. McCurdy (Deed Book 1018, page 153) (Tax Map No. 87.12-2-9), shown and designated as "PROP. DRAINAGE ESMT." on a plat prepared by the Roanoke County Engineering Department, dated August 8, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitt d, a-XX.V 111V Vic ie L. 'H4tiiaan Assistant County Attorney t%r— /- Action Vote No Yes Abs Approved (x) Motion by Rnh r,_ TnhnGnn Eddy x Denied ( ) Johnson x Received ( ) Kohinke Referred Nickens to Minnix cc: File Arnold Covey, Director, Engineering.& Inspections Clifford Craig, Director, Utility x x x I METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT; -Ar COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO "NOT"REFLECT AN ACCURATE BOUNDARY SURVEY. N79' 42'18' 174-05 014, I PROPERTY OF; CARL E, & HELEN M, MCCURDY CURVE 'J' R = 160.00 L = 15.00 CH=N71' 36'501W 15.00 cn 0 c� c� o 1 CUFVE 'M- 1 cu W R = a c = co o� CH= � a Wi d t x C5 I— PROP,DRAINAGE N68.S S -q0.1✓ F� INT TAX MAP N0. 87.12-2-9 PLAT SHOWING PROPOSED DRAINAGE EASEMENT:.. CONVEYED TO ROANOKE COUNTY BY CARL E. & HELEN M. MCCURDY D�lT n o w n A r - n uv RnA Nn KF. rn UNTY ENCINEERINC DEPARTM� ENT . , 91 1 CUFVE 'M- R = 251.63 = -�L CH= 7V 3 N74' 7'14'W Wi 49`92 F r. Q� i "q• fU Q, nig S ig 3i 1'=50' ^ SCALE: ka: PLAT SHOWING PROPOSED DRAINAGE EASEMENT:.. CONVEYED TO ROANOKE COUNTY BY CARL E. & HELEN M. MCCURDY D�lT n o w n A r - n uv RnA Nn KF. rn UNTY ENCINEERINC DEPARTM� ENT . , 91 I METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. �-y RE4 .66 'W L = u7.00 CH-NSM'39'v UU2 SS6� v��s 4SF. PROPERTY OF RICHARD W. & MARY JANE ROBERS PROP. i5` DRAINAGE ESMT. FLINTLOCK RD. TAX MAP NO. 8.7,12-2-13 2 0 S�3 jz x Nap e712-2-14 PLAT SHOWING PROPOSED DRAINAGE EASEMENT CONVEYED TO ROANOKE CDUNTY BY RICHARD W. & MARY JANE RDBERS SCALE: 1'= 60' PP FPA R F'D RY.• ROANOIF COUNTY ENGINEERING DEPARTMENT DATE. 08-13-91 A -12192-11.e ACTION NO. ITEM NO. — S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 1, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees COUNTY ADMINISTRATOR'S COMMENTS: 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. 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 fees thus far approved by the Board are as follows: February 11, 1992 $1,151.95 March 24, 1992 1,437.59 May 26, 1992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 October 27, 1992 941.00 Total $8,770.59 FISCAL IMPACTS: $289.00 in current fees to be paid from the Board contingency fund. 1 t"5s STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's contingency fund. Respectfully submitted, n, m, V Q�, - Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( Motion by Rah T.- johnson Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: Diane Hyatt c;\wp51\agenda\generaKkgaLfee cc: File Diane Hyatt, Director, Finance Paul M. Mahoney, County Attorney 2 TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE 1703) 983-0608 FAX (703) 983-0621 November 4, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 Nov 0 6 1992 JOAN B. FURBISH FINANCE DIRECTORITREASURER STATEMENT Statement From Natkin, Hesley, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company November 3, 1992 Statement -- $578 Fifty Percent (50%) due From Roanoke County to Town of Vinton $289.00 Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company October 2, 1992 Statement -- $1,882.00 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $941.00 DUE UPON RECEIPT $19230.00 MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOEE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 1992 RESOLUTION 12192-12 CERTIFYING EXECUTIVE MEETING WAS EELD,IN CONFORMITY WITH TEE 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 Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Rohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTS: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session