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HomeMy WebLinkAbout6/27/1989 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 RESOLUTION 62789-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GEORGE R. WRIGHT FOR TEN YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, George R. Wright was first employed in July, 1979, as a Transportation Officer in the Corrections Division of the Roanoke County Sheriff's Office; and WHEREAS, George R. Wright has also served as a Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GEORGE R. WRIGHT for Ten years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes to George R. Wright for a happy, restful and productive retirement. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors CC: File D, Keith Cook, Director of Human Resources Resolution of Congratulations File ACTION # 62789-2 ITEM NUMBER -D-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 1989 AGENDA ITEM: Termination of agreement between Roanoke County and Corrugated Container Corporation COUNTY ADMINISTRATOR'S COMMENTS: _ ) f1 �l c BACKGROUND i Corrugated Container was the original owner of 16.19 acres of land upon which Southwest Industrial Park was planned and constructed. Roanoke County and Corrugated Container Corporation entered into an agreement in August 1986 that set forth condi- tions under which Southwest Industrial Park was to be --developed and the land sale proceeds disbursed. This agreement has__been ___ extended twice, but Corrugated Container Corporation does not wish to amend the agreement to extend it for another -_year - According to the terms of the agreement, Roanoke County must either buy the remaining parcels (three tracts of 2.99 55` -and-_- _-- 1.87 totaling approximately 5.41 acres) or return them to Corrugated Container by August 4, 1989. A public right-of-way has been platted to serve the property beyond the cul-de-sac and to ensure for safe, adequate access to adjacent properties. There is still active interest by prospects in purchasing land in the industrial park. ALTERNATIVES AND IMPACTS 1. Return the unsold tracts in Southwest Industrial Park to Corrugated Container Corporation after August 4, 1989 per the terms of agreement with no cost to Roanoke County. 2. Purchase the land for County use at a cost of approximately $138,000 and continue to market the property. STAFF RECOMMENDATION Continue to market the remaining tracts in Southwest Industrial Park to prospects and return all unsold land to Corrugated Container Corporation after August 4, 1989. SUBMITTED BY: V✓ ' Timoth W. Gub la, Director Economic Development APPROVED BY: Elmer C. Hodge County Administrator I --------------------------------------------------------------------------- ACTION VOTE Approved (XII Motion by: Robers/Nickens to approve No Yes Abser Denied ( ) staff recommendation Garrett X Received ( ) Johnson X Referred McGraw X To Nickens X Robers X CC: File Tim Gubala, Economic Development Director John Willey, Real Estate Assessment 62789-3 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 1989 AGENDA ITEM: 1990 Legislative Recommendations, Virginia Associa- tion of Counties COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Association of Counties (VACO) has requested that each member locality submit its legislative recommendations for the 1990 session of the Virginia General Assembly by July 1, 1989. Several legislative study committees are meeting and studying issues that could have significant impact upon Roanoke County. These include the Joint Subcommittee studying the Freedom of Information Act, the on-going study by the Joint Legislative --Audit-,, and Review Commission of state support for constitutional officers, and the continuing efforts of the Commission study ing�oca- government structures and relationships. Staff will continue to monitor these legislative activities. SUMMARY OF INFORMATION: Last year the County was very successful in achieving many of its legislative goals. Two priority issues still call for action: solid waste management and one-half cent local option sales tax. Last year the County called for a comprehensive state-wide initiative to address solid waste management. This would include amending the Virginia Public Procurement Act (Chapter 7 of Title 11) to authorize a preference for the procurement of recycled goods and materials by the Commonwealth and local governments; funding incentives for regional cooperative agreements for recycling programs; the statutory prohibition of certain non -bio -degradable plastic and styrofoam containers and packaging; and authorizing deposits for disposable beverage containers. In the alternative if the State is unable or unwilling to act on a statewide basis, then local governments should be specifica3-1y- --- au orized to act in this area. This would include the repeal of - Section 10.1-1425. This section supersedes and preempts any local ordinance which attempts to regulate the size or type of any container or package containing a food or beverage or which requires a deposit on a disposable container or package. The failure of the Commonwealth to fully fund mandated programs in the areas of education, social services and health have placed tremendous fiscal pressures upon local government budgets. A local option increase in the sales tax would allow local govern- ments to better respond to the needs and demands for increased services. The General Assembly should either provide full state funding for mandated programs or adopt permissive legislation allowing local governments to achieve new sources of local revenue. New sources of local revenue could be utilized for education, flood control, stormwater management and drainage, or economic development. ALTERNATIVES AND IMPACTS: STAFF RECOMMENDATION: It is recommended that the Board authorize the County Administrator and County Attorney to communicate these legislative priority issues to VACO for its consideration =in adopting-`fts-_1990' legislative program. Respectfully submitted; Paul M. Mahoney County Attorney I` Action Approved (XX Motion by Nickens/Garrett to Garrett Denied ( ) approve staff recommendation Johnson Received ( ) McGraw Referred Nickens to Robers Vote No Yes Absent X X X X X CC: File Paul Mahoney, County Attorne- - -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 27, 1989 ORDINANCE 62789-4 APPOINTING A SEPARATE INDIVIDUAL TO HOLD THE POSITION OF CLERK TO THE GOVERNING BODY AND TO PERFORM CERTAIN DUTIES AS SPECIFIED WHEREAS, the 1989 session of the Virginia General Assembly amended Section 15.1-117 (Acts, 1989, Chapter 30) to authorize certain counties to appoint a separate individual to act as clerk to the governing bodies in order to perform certain record-keeping activities rather than the county's executive secretary (county administrator); and WHEREAS, Section 4.01 of the Roanoke County Charter provides that the County Administrator shall have all the powers and duties prescribed by Section 15.1-117 of the Code of Virginia, and that such other powers, duties, and responsibilities may be established by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on June 14, 1989; and the second reading was held on June 27, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows; 1. That the Board may appoint a county clerk who shall serve at the pleasure of the Board under the direction of the County Administrator. He or she shall be clerk of the Board and will serve as custodian of the corporate seal of the County and shall have such other duties as prescribed by general law or as the Board may prescribe. The clerk shall in addition (a) record in a book 1 to be provided for that purpose all of the proceedings of the Board; (b) make regular entries of all the Board's resolutions, ordinances, and decisions on all questions concerning the raising of money; (c) record the vote of each Board member on any question submitted to the Board if required by any member present; (d) preserve and file all accounts and papers acted upon by the Board with its action thereon; (e) give information to persons presenting communications or petitions to the Board of the final action of the Board thereof; (f) publish or cause to be published all reports, notices, ordinances, or other documents required by this charter or by general law to be published, except as otherwise expressly provided; (g) maintain all disclosure forms as required by Chapter 40.1 of Title 2.1 of the State Code; (h) prepare all papers and documents for the meetings of the Board; (i) issuance of solicia- tion permits pursuant to Chapter 19, Article II, Section 19.21 19.27. 2. That the clerk may, and with the consent of the Board, appoint one deputy and such number of assistants as the Board may authorize. Either the clerk or the deputy shall attend all meetings of the Board. Any of the duties of the clerk may be performed by the deputy. 3. That if the Board chooses not to appoint a county clerk such duties and responsibilities shall be performed by the County Administrator. 4. Before entering upon the duties of this office-,- the clerk E shall give bond before the Clerk of the Circuit Court of the County with surety to be approved by such Clerk in an amount to be fixed by the Board but in any case not less than Two Thousand Dollars ($2,000), the premium for which bond shall be paid by the governing body out of the general County fund. 5. That this ordinance shall take effect from and after July 1, 1989. On motion of Supervisor Robers, seconded by Supervisor McGraw, that the ordinance be adopted and Mary H. Allen be appointed Clerk to the Board of Supervisors and carried by the following recorded vote: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney M. H. Allen, Clerk, Board of Supervisors K. Cook, Human Resources Assistant County Administrators Constitutional Officers 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 27, 1989 ORDINANCE 62789-5 AMENDING AND READOPTING SECTION 12-8 OF ARTICLE I OF CHAPTER 12 OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8, Adoption of state law, Article I, In General, of Chapter 12, Motor Vehicles and Traffic, be amended and readopted to read and provide as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of Section 46.1-188 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.1 and in Article 2 (Section 18.2-226 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have` -no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the County. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the County to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of aiLy provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective Prior to the date that this ordinance is adopted 1989. 2. The effective date of this ordinance shall be July 1, On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recoreded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Sheriff Mike Kavanaugh Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth's Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, SW, Roanoke, VA 24016 Main Library Roanoke County code book Roanoke County J&D Court, Intake Counsellor AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 ORDINANCE 62789-6 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 37.86 ACRES OF REAL ESTATE, MORE OR LESS, LOCATED IN THE CITY OF SALEM (THE LLOYD PROPERTY) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on June 14, 1989; and the second reading was held on June 27, 1989, concerning the sale and disposition of 37.86 acres of real estate, more or less, located in the City of Salem;- --and---- 3. and--=3. That offers having been received for said_ property, -the,_,- -- offer of Bishop Walter Sullivan of the Catholic Dioceses of Richmond to purchase 37.86 acres of real estate, more or less, for the sum of Five Hundred Eighty-six Thousand Four Hundred Dollars ($586,400) is hereby accepted and all other offers are rejected; and 4. That the proceeds from the sale of this real estate are to be allocated to the capital reserves of the County, to be expended solely for the purpose of acquisition, construction, maintenance or replacement of other capital facilities; and 5. That the County Administrator is authorized to execute such documents and take such actions as are necessary to accomplish b the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recoreded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessments Diane Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 RESOLUTION NO. 62789-7 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 that certain section of the agenda of the Board of Supervisors for June 27, 1989, 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 4, inclusive, as follows: 1. Confirmation of committee appointments--to--the — Clean Valley Council, The Fifth--- Commission, ifth Commission, the Board of Zonzngppeas�nslie_--___ Landfill Citizens Advisory Commit -tee.--- - - - — ---- — 2. Acceptance of water and sewer facilities serving Roanoke Hyundai. 3. Approval of Fireworks Permit for the Town of Vinton. 4. Acceptance of Horsepen Mountain Drive and Horsepen Mountain Circle into VDOT Secondary System. 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 Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 6/29/89 CC: File Clifford Craig, Director of Utilities Phillip Henry, Engineering Director Fireworks Permit File ACTION NO. 62789-7.a ITEM NUMBERy _ , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 1989 AGENDA ITEM: Confirmation of Committee Appointments to the Board of Zoning Appeals, Clean Valley Council, Fifth Planning District Commission, and Landfill CItizens Advisory Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The following nominations were made at the June 14, 1989 meeting and must now be confirmed. Board of Zoning Appeals Supervisor Garrett has nominated Eldon Karr, Windsor Hills Magisterial District to fill the unexpired five-year term of Frank W. Martin. The term will expire June 30, 1991. Clean Valley Council Supervisor Garrett has nominated Richard Robers to serve a two- year term as an honorary advisory member. His term will expire June 30, 1991. Fifth Planning District Commission Supervisor Garrett has nominated Richard Robers to serve another three-year terms as an elected representative. His term will expire June 30, 1992. Landfill Citizens Advisory Committee Supervisor Robers has nominated Robert House to represent the Cave Spring Magisterial District. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: =r Elmer C. Hodge County Administrator j- I -------------------------------------------------------------------------- ACTION VOTE Approved Motion by: NICKENS/MCGRAW Yes No Ab,,pnt Denied ( ) Garrett X Received ( ) Referred To: CC: File Board of Zoning APpeals File Clean Valley Council Fifth Planning District Commission File Landfill Citizens Advisory Committee File Johnson X McGraw R Nickens X Robers X ACTION No. 62789-7.b ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 1989 SUBJECT: Acceptance of water and sewer facilities serving Roanoke Hyundai COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Lewis -Gibbs Corporation, the Developer of Roanoke Hyundai, has requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on development plans prepared by Lumsden Associates, P. C. entitled Roanoke -- Hyundai, dated February 26, 1988 which are on file i -n the_-- -- Engineering Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $15,456 and $17,120 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: - "'ovo ll'e_� Phi lip T. Henry, P. Director of Engineering APPROVED: Elmer C. Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (X�§ Motion by: Nickens/McGraw to approve No Yes Absent Denied ( ) Garrett X Received ( ) Johnson X Referred McGraw X To Nickens X Robers X CC: File Phillip Henry Clifford Craig Paul Mahoney 2 I 8" WATER L W EXIST SEWER LINE N3 �2 000 1 1 _---- -pe ---------- --------- --- ..� _. �S �s"sE - �,-- �ER LINE — - ♦ •ri Ms,+wl •�A PETEgS CREEK ROAD—ROUTE #117' _ ACCEPTANCE OF WATER AND SEWER SERVING ROANOKE COMMUNITY SERVICES HYUNDAI AND DEVELOPMENT 3 ACTION NO. 62789-7.c ITEM NUMBER.?• --3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE-:- June 27, 1989 AGENDA ITEM• Approval of a Fireworks Permit for the Town of Vinton COUNTY ADMINISTRATOR'S COMMENTS r SUMMARY OF INFORMATION• The Town of Vinton has requested a permit for a fireworks display to be held on July 4, 1989. Fireworks Unlimited of North Carolina will conduct the display and the attached letter outlines the safety plan. Fire Marshal Kenneth Sharp has reviewed the plans for the fireworks display and -he -recommends approval of the permit. STAFF RECOMMENDATION - Staff recommends approval of the fireworks -display with the precautions outlined above. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator ------------------------------------------- ACTION VOTE Approved (XiK Motion by: Nickens/McGraw to approve Yes No Ab -cent Denied ( ) Garrett X Received ( ) Johnson X Referred McGraw X To• Nickens X Robers X CC: File -- ---- --- - - - - _. Fireworks Permit Files Town of Vinton Ken Sharp, Fire Marshal GEORGE W. NESTER Town Manager JUN 19 1985 TOWN OF VINTON P.O. BOX 338 VINTON, VIRGINIA 24179 (703) 983-0607 June 16, 1989 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24015 Dear Board Member: 0-.3 ALL- AMERICAN ROANOKE VALLEY 1978-70 The Town of Vinton is applying for a Fireworks Display Permit for July 4, 1989 at 9:30 p.m., 814 Washington Avenue, Vinton, Virignia. The following safety plan will be implemented for the duration of the display. A) The Vinton Police Department will have four off-duty policeman supervising traffic control prior to and after the fireworks. During the fireworks exhibit two policemen--will-be - stationed at the perimeter of the restricted -fallout zone:and two - policeman will be stationed at Meadow Street and Washington- __ - Avenue. Additional town staff will be assisting at the fallout zone. B) The Vinton Volunteer Fire Department will have a fire fighting crew on duty at the location of the fireworks display. C) The Vinton First Aid Crew will have on location a squad vehicle, ambulance, and ample personnel to assist with first aid and to assist with crowd control at the restricted fallout zone. The company responsible for the display will be Fireworks Unlimited of Yanceyville, North Carolina with $1,000,000. combined single limit insurance coverage provided by the Allied Specialty Insurance Inc., T.H.E. Insurance Company, of Treasure Island, Florida. Should you have any questins, please feel free to contact me. Sincerely, George W. Nester Town Manager GN/ml ACTION NO. 62789-7.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: June 27, 1989 AGENDA ITEMS Acceptance of Horsepen Mountain Drive and Horsepen Mountain Circle into the Secondary System by the Virginia Department of Highways COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• Roanoke County has received acknowledgment that the following roads has been accepted into the Secondary System by the Virginia Department of Transportation effective June 16, 1989: ---0-50 mil -es --of Horsepen Mountain Drive (Route 1035) 0. -05 ---mil=es of 'Horsepen Mountain Circle (Route 1036) _SUBMITTED BY: APPROVED BY: M'rx� �` . v Mary H. Allen Deputy Clerk Elmer C. Hodge County Administrator ------------------------------------------------------ ACTION VOTE Approved (X)K Motion by: Nickens/McGraw to approve Yes No Abs?nt Denied ( ) Garrett x Received ( ) Johnson X Referred McGraw X To: Nickens x Robers X CC: File Phillip Henry Arnold Covey AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 R E S O L U T I O N 6 2 7 8 9- 8. a CONGRATULATING TODD AMMERMAN UPON BEING NAMED A NATIONAL MERIT SCHOLARSHIP FINALIST FOR 1989 WHEREAS, Roanoke County has an outstanding school system which has received national recognition for its teachers, students, and administration; and WHEREAS, an outstanding school system produces outstanding students who likewise gain national recognition for their academic accomplishments; and WHEREAS, each year students in the eleventh grade prepare for the Scholastic Aptitude Test by taking --a- similar preliminary test from which National` Merit Schol=arships are = awarded, and five students from the Roanoke County School System were recently named finalists in the National Merit Scholarship Award Program; and WHEREAS, these students are deserving of special commendation for their successful academic achievement and their continued efforts towards excellence. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to TODD AMMERMAN for being named a finalist in the National Merit Scholarship Award Program; and FURTHER, the Board of Supervisors- expresses -_.:its pride- - - in this achievement and extends its best wishes to Todd Ammerman for continued success in future academic endeavors. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Jam' - Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors CC: File Bayes Wilson, School Superintendent Resolution of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 R E S O L U T I O N 6 2 7 8 9- 8. b CONGRATULATING JOHN PARR UPON BEING NAMED A NATIONAL MERIT SCHOLARSHIP FINALIST FOR 1989 WHEREAS, Roanoke County has an outstanding school system which has received national recognition for its teachers, students, and administration; and WHEREAS, an outstanding school system produces outstanding students who likewise gain national recognition for their academic accomplishments; and WHEREAS, each year students in the eleventh grade prepare for the Scholastic Aptitude Test- by taki_ny-=srmiar-= preliminary test from which National Merit---Seho3:ax--sh_a.-s- a -r -e -.--- awarded, and five students from the Roanoke.--County`.Schoo System were recently named finalists in the National Merit Scholarship Award Program; and WHEREAS, these students are deserving of special commendation for their successful academic achievement and their continued efforts towards excellence. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to JOHN PARR for being named a finalist in the National Merit Scholarship Award Program; and FURTHER, the Board of Supervisors__expresses�its_pr_ide.___ in this achievement and extends its best wishes to John Parr for continued success in future academic endeavors. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. A len, Deputy Clerk Roanoke County Board of Supervisors CC: File Bayes Wilson, School Superintendent Resolution of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 R E S O L U T I O N 6 2 7 8 9- 8. c CONGRATULATING DAVID SAR UPON BEING NAMED A NATIONAL MERIT SCHOLARSHIP FINALIST FOR 1989 WHEREAS, Roanoke County has an outstanding school system which has received national recognition for its teachers, students, and administration; and WHEREAS, an outstanding school system produces outstanding students who likewise gain national recognition for their academic accomplishments; and WHEREAS, each year students in the eleventh grade prepare for the Scholastic Aptitude Test by taking a similar preliminary test from which National -_Mer- -_& ho pa -are awarded, and five students from the Roanoke County --School --System - - were recently named finalists in the National Merit Scholarship Award Program; and WHEREAS, these students are deserving of special commendation for their successful academic achievement and their continued efforts towards excellence. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to DAVID SAR for being named a finalist in the National Merit Scholarship Award Program; and FURTHER, the Board of Supervisors- expresses- its =pride in this achievement and extends its best wishes to David Sar for continued success in future academic endeavors. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors CC: File Bayes Wilson, School Superintendent Resolution of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 R E S O L U T I O N 6 2 7 8 9- 8. d CONGRATULATING KAREN BENDER UPON BEING NAMED A NATIONAL MERIT SCHOLARSHIP FINALIST FOR 1989 WHEREAS, Roanoke County has an outstanding school system which has received national recognition for its teachers, students, and administration; and WHEREAS, an outstanding school system produces outstanding students who likewise gain national recognition for their academic accomplishments; and WHEREAS, each year students in the eleventh grade prepare for the Scholastic Aptitude Test by taking a similar pre liminary-�tt-_st from which National Merit Scholarships are awarded, and five students from the Roanoke County School System were recently named finalists in the National Merit Scholarship Award Program; and WHEREAS, these students are deserving of special commendation for their successful academic achievement and their continued efforts towards excellence. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to KAREN BENDER for being named a finalist in the National Merit Scholarship Award Program; and FURTHER, the Board of Supervisors expresses its pride in this achievement and extends its best wishes to Karen Bender for continued success in future academic endeavors. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTS: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors CC: File Bayes Wilson, School Superintendent Resolution of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 RESOLUTION 62789-8.e CONGRATULATING PAUL STANCIL UPON BEING NAMED A NATIONAL MERIT SCHOLARSHIP FINALIST FOR 1989 WHEREAS, Roanoke County has an outstanding school system which has received national recognition for its teachers, students, and administration; and WHEREAS, an outstanding school system produces outstanding students who likewise gain national recognition for their academic accomplishments; and WHEREAS, each year students in the eleventh grade prepare for the Scholastic Aptitude Test by taking a similar preliminary--test-from which National Merit Scholarships are awarded, and five students from the Roanoke County School System were recently named finalists in the National Merit Scholarship Award Program; and WHEREAS, these students are deserving of special commendation for their successful academic achievement and their continued efforts towards excellence. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers its sincere congratulations to PAUL STANCIL for being named a finalist in the National Merit Scholarship Award Program; and FURTHER, the Board of Supervisors expresses its pride in this achievement and extends its best wishes to Paul Stancil for continued success in future academic endeavors. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors CC:___ File_--_--_. Bayes Wils=on, School Superintendent Resolution of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 RESOLUTION 62789-9 OF CONGRATULATIONS TO WAYLAND WINSTEAD UPON BEING NAMED LOCAL OFFICIAL OF THE YEAR BY THE VIRGINIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION WHEREAS, Wayland Winstead has served on the Roanoke County Planning Commission for many years and has made invaluable contributions to the County during that time, and WHEREAS, Mr. Winstead was instrumental in implementing the Explore Project's planning process, which was cited by the County when it successfully won the All America City Award, and WHEREAS, Mr. Winstead was named Local Planning Official of the Year by the Virginia American Planning Association, based on his initiative in the creation of the Roanoke River- -Corridor -Study,_:_his--_ leadership in working with the citizens on the=Explorrojecrt, and- => his continued work towards an updated zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board Of Supervisors does hereby extend its congratulations to Wayland Winstead for receiving the Virginia Local Government Planning Official Award, and FURTHER, the Board of Supervisors does extend its deepest appreciation to Mr. Winstead for his dedicated service to the people of the County. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw,---Nickens, Garrett= --- NAYS: None A COPY TESTE; Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 6/29/89 CC: File Resolution of Congratulations File ACTION NO. 62789-10 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 1989 AGENDA ITEM: Adoption of the Roanoke County Landfill Permit Conditions and Operating Policies When the search for a new landfill began more than a year ago, the Board of Suuervisors instructed staff to make every effort to protect the property values of the affected areas. Attached is a copy of the proposed Landfill Permit Conditions and Operating Policies. These recommendations were derived primarily from the Landfill Citizens Advisory Committee (LCAC) report that was presented to the Planning Commission and the Board of Supervisors in April. A subcommittee made up of Carl Wright, Glen Prather and Jim Hensley of the LCAC, Don Witt and Wayland Winstead of the Planning Commission and John Hubbard and Paul Mahoney with the County staff reviewed the report and compiled the attached document. I wish to express my appreciation to the Landfill Citizens Advisory Committee and to the subcommittee for the time and effort they spent on this process. Both groups were given the difficult challenge of meeting the concerns of the effected citizens while recognizing the importance of going forward with a new landfill. They met many times to fulfill their responsibilities and I congratulate them on the results of their efforts. The subcommittee's report generally agrees with the LCAC report except in two areas: property value protection and host municipality considerations. The differences are as follows: Property Value Protection: The LCAC recommended purchasing properties determined to be adversely affected by the landfill if the owners were unable to sell after six months. The attached report recommends that the County limit this liability to the difference in sale value and fair market value. (See page 8 ofthe original LCAC report.) Host Municipality Considerations: This section has been deleted. The concept of other localities compensating Roanoke County for its loss of real estate taxes could become complicated when there are regional facilities presently located in other municipalities without host municipality considerations in force. (See page 14 of the original LCAC report.) -P- / I am submitting the attached Permit Conditions and Operating Policy report in its entirety for consideration and adoption. It is an excellent document that is reasonable and fair to both the surrounding community and Roanoke County. However, there are several amendments that I would like to recommend. Smith Gaip Access Road (Page 17 - Permit Conditions and Operating Policies) If the Smith Gap site passes the Part A application review and is chosen as the landfill site, a new road or access mechanism should be constructed if at all possible, but the Board should not proffer this as a condition of the Special Exception Permit. We should continue to study the option of an alternate access to the Smith Gap site, but it may be necessary to use Bradshaw Road. The County must do everything possible to assure the safety and convenience of the citizens in the impacted areas, but considering the difficulty of siting a landfill we cannot rule out any site until we know what the alternatives are. Property Value Protection (Page 13 - Permit Conditions and Operating Policies) The LCAC and the subcommittee have recommended property value protection for the entire length of the secondary road from the landfill site to the primary road. This would include -parts of Montgomery County if the Smith Gap site is chosen"and parts of Franklin County if the Boones Chapel site is -chosen.-.- The,,greater - the distance from the landfill site, the more difficultuit._wQuld �___ be to determine the extent of any negative property-- value-impadt - to homes or businesses caused by the landfill. While additional traffic may be generated, road improvements and growth may offset any negative impact to property. The Board may choose to offer property value protection for the entire length of the secondary road or they may limit this protection to 5,000 feet from the landfill site boundary line. Property value protection should begin only after the completion of -the Part B application, granting of the permit and selection of the site. I further recommend that the Permit Conditions and Operating Policy report be clarified to include those who rent property as well as property owners. This clarification should include reasonable moving expenses and other reimbursements. Renters living directly on the site should receive assistance from the County in finding suitable housing at similar rent. Roanoke County has taken every precaution for the protection of the environment surrounding the proposed landfill_ sites as well as other localities concerned about potential impacts to their communities. The County reserves the right to refuse to participate in property value protection when there are obvious attempts to manipulate the property value for personal benefit. I have reviewed the report with staff from the Cities of Roanoke and Salem and the Town of Vinton. FISCAL IMPACT It is not possible to determine an exact fiscal impact, but staff does not expect this to be excessive. All costs will be borne by all the landfill users through the necessary fees. STAFF RECOMMENDATION It is recommended that the Board of Supervisors adopt the attached report with the following amendments: (1) That the Smith Gap access road not be a condition of the special exception permit. (2) That all provisions for property value protection be specifically extended to renters. (3) That property value protection be extended only to those who live within 5,000 feet of the landfill site.boundary line. (4) That property value protection begin only after completion of the Part B application, granting of the permit and selection of the site. 5) That an engineering feasibility study be done on an alternate access road to the Smith Gap pro o s e d site. -- SUBMITTED �Y - Elmer C. Hodge County Administrator ------------------------------------------ ACTION VOTE Approved KX) Motion by: Garrett/Johnson to approve Yes No Abs Denied ( ) adoption of Landfill Permit Condi- Garrett X Received ( ) tions with staff recommended Johnson X Referred amendments and the addition of McGraw X To: #5 amendment to recommendation. Nickens X Robers X CC: Paul Mahoney John Hubbard W. Robert Herbert, Roanoke City Manager Randolph Smith, Salem City Manager George Nester, Vinton Town Manager John Parrott, Chairman, Roanoke Valley Regional Solid Waste Management Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 27, 1989 RESOLUTION 62789-11 GRANTING A SPECIAL EXCEPTION PERMIT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, TO PUBLICLY OWN AND OPERATE A SOLID WASTE DISPOSAL FACILITY ON WHAT IS KNOWN AS THE "BOONES CHAPEL SITE" WHEREAS, the Planning Commission held a public hearing on this matter on April 18, 1989; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter on April 25, 1989. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a Special Exception Permit for the location and operation of a solid waste facility is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of Section 15.1- 456(b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Exception Permit to the Roanoke County Board of Supervisors to publicly own and operate a solid waste disposal facility on what is known as the "Boones Chapel Site" located on 445.81 acres on the southern portion of Roanoke County, adjacent to the Franklin County line, two miles east of Route 220 via Route 677 in the Cave Spring Magisterial District, subject to the approved landfill permit conditions and operating policies. 3. That the Board acknowledges, to the extent permitted by law, that it has a non-binding moral obligation to pay such amounts as may be needed to address the adopted operating policies, J including property value protection, and that such payment is subject to future appropriations. Nothing in the approved operating policies shall be deemed to constitute the creation of a debt, the lending of the credit, nor a pledge of the credit of the County under the Constitution and laws of the Commonwealth of Virginia, nor shall any provision thereof give any person any legal right to enforce the terms thereof against the County. On motion of Supervisor Johnson, seconded by Supervisor Nickens and that agreement with renter presently residing on Boones Chapel site be approved and entered into the record, and carried by the following recoreded vote: AYES: Supervisor Johnson, Robers, Nickens, Garrett NAYS: Supervisor McGraw A COPY TESTE : -- --------- - -- - Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File John Hubbard, Assistant County Administrator Paul Mahoney, County Attorney Terry Harrington, Planning Director W. Robert Herbert, Roanoke City Manager Randolph Smith, Salem City Manager George Nester, Vinton Town Manager Jeffrey Cromer, Roanoke Valley Regional Solid Waste Management Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JUNE 27, 1989 RESOLUTION 62789-12 GRANTING A SPECIAL EXCEPTION PERMIT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, TO PUBLICLY OWN AND OPERATE A SOLID WASTE DISPOSAL FACILITY ON WHAT IS KNOWN AS THE "SMITH GAP SITE" WHEREAS, the Planning Commission held a public hearing on this matter on April 18, 1989; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter on April 25, 1989. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a Special Exception Permit for the location and operation of a solid waste facility is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of Section 15. -J --- 456(b) of the 1950 Code of Virginia, as amended. 2• That the Board hereby grants a Special Exception Permit to the Roanoke County Board of Supervisors to publicly own and operate a solid waste disposal facility on what is known as the "Smith Gap Site" located on 640.39 acres on the northwest side of Fort Lewis Mountain between Smith Ga I p and Bradshaw Road in the Catawba Magisterial District, subject to the approved landfill permit conditions and operating policies. 3. That the Board acknowledges, to the extent permitted by law, that it has a non-binding moral obligation to pay such amounts as may be needed to address the adopted operating policies, including property value protection, and that such payment is subject to future appropriations. Nothing in the approved operating policies shall be deemed to constitute the creation of a debt, the lending of the credit, nor a pledge of the credit of the County under the Constitution and laws of the Commonwealth of Virginia, nor shall any provision thereof give any person any legal right to enforce the terms thereof against the County. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and carried by the following recoreded vote: AYES: Supervisors Johnson, Nickens, Garrett NAYS: Supervisors Robers McGraw A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc; File John Hubbard, Assistant County Administrator Paul Mahoney, County Attorney Terry Harrington, Planning Director W. Robert Herbert, Roanoke City Manager Randolph Smith, Salem City Manager George Nester, Vinton Town Manager Jeffrey Cromer, Roanoke Valley Regional Solid Waste Management Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 ORDINANCE 62789-15 VACATING THE SOUTHERN PORTION OF AN UNIMPROVED FIFTY (50) FOOT RIGHT-OF-WAY, REFERRED TO AS "CHELSA STREET," RECORDED IN PLAT BOOK 2, PAGE 170, SECTION 1, WESTERN HILLS SUBDIVISION Whereas, Carlin Nucholls and Marty and Elizabeth Poff, the petitioners and adjacent property owners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate the southern portion of an unimproved fifty (50) foot right-of-way referred to as "Chelsa Street," dedicated to the County by plat found in Plat Book 2, page 170, Section 1, Western Hills subdivision in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished- by the _--_--" adoption of an ordinance by the governing--body,--==and, _--_—-__---_ -- WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on June 14, 1989; and the public hearing and second reading of this ordinance was held on June 27, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the southern portion of an unimproved fifty (50) foot right-of-way referred to as "Chelsa Street," and being the remain- ing portion of Chelsa Street from its intersection with Overbrook Drive south to its end, approximately 240 feet in length and dedicated to Roanoke County, by plat found in Plat Book 2, at page 1701 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a twenty (20) foot sanitary sewer easement for an existing sewer main and reserves a twenty (20) foot waterline easement along the centerline of the fifty (50) foot right-of-way for future system upgrade; and, 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Carlin Nucholls and Marty and Elizabeth Poff shall record a certified copy of this ordinance_ with --the Clerk of the Circuit Court and shall pay all fees required to accomplish -this transaction. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recoreded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: _ABSTAIN: Supervisor Johnson A COPY TESTE: ';V - Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 1989 ORDINANCE 62789-16 VACATING A PORTION OF A TWENTY-FIVE (25) FOOT WATERLINE AND INGRESS/EGRESS EASEMENT, AND A PORTION OF A FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT, RECORDED IN PLAT BOOK 10, PAGE 41, SECTION 1, FAIRWAY FOREST ESTATES Whereas, F.F.E. Development Corporation, the developer of Sections 1 and 2, Fairway Forest Estates has requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of a twenty-five (25) foot waterline and ingress/egress easement and a portion of a fifteen (15) foot public utility easement, dedicated to the County by plat found in Plat Book 10, page 41, Section 1, Fairway Forest Estates in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia----------- as irginia-as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on June 14, 1989; and the public hearing and second reading of this ordinance was held on June 27, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a twenty-five (25) foot waterline and ingress/egress easement and a portion of a fifteen (15) foot public utility easement as shown on the attached plat dated 21 April 1989 prepared by Lumsden Associates, P.C., and dedicated to Roanoke County, by plat found in Plat Book 10, at page 41, Section 11 Fairway Forest Estates in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, F.F.E. Development Corporation hereby agrees to pay all costs and expenses required to relocate all utility lines and improvements within these easements; and, 3. That the portion of the twenty-five (25) foot waterline easement and ingress/egress easement and the portion of the fifteen (15) foot public utility easement be vacated only upon the recorda- tion and dedication to the County of the right-of-way for Section - 3, Fairway Forest Estates. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That F.F.E. Development Corporation shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this trans- action. On motion of Supervisor Garrett, seconded by Supervisor McGraw, and carried by the following recoreded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, JUNE 27, 1989 ORDINANCE 62789-17 VACATING A PORTION OF A TWENTY (20) FOOT SANITARY SEWER EASEMENT IN THE BOONE OFFICE PARK Whereas, Boone & Company, the developer of Boone Office Park has requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of a twenty (20) foot sanitary sewer easement, dedicated to the County by deed found in Deed Book 1228, page 35 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on June 14, 1989; and the public - hearing and second reading of this ordinance was held on June 271 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a twenty (20) foot sanitary sewer easement located within the Boone Office Park, and dedicated to Roanoke County on October 18, 1985, by deed found in Deed Book 1228, at page 35, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1--482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, Boone & Company hereby agrees to pay all costs and expenses required to vacate and relocate this easement and the sanitary sewer line therein; and, 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Boone & Company shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Robers, seconded by Supervisor Johnson, and carried by the following recoreded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens Garrett-.,_-_-- AYS:- --.._ - -- ------ A COPY TESTE: - Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning Paul Mahoney, County Attorney