1/9/2001 - Regular
January 9, 2001
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 9, 2001
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday and the second
regularly scheduled meeting of the month of January, 2001.
I N RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice- Chairman Joseph B.
"Butch" Church, Supervisors Bob L. Johnson, Joseph
McNamara, Harry C. Nickens
None
MEMBERS ABSENT:
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan R. O'Donnell,
Assistant County Administrator; Kathie B. Scearce, Community
Relations Director
I N RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
I N RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
January 9, 2001
Mr. Hodge added an item to the Closed Meeting pursuant to Section 2.1-
344 A (1) personnel matter, assignment and allocation of personnel
Supervisor Johnson asked for an item on the impact of closing Catawba
Hospital. Mr. Hodge will bring back a report at the January 23, 2001 meeting.
IN R:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.
Resolution of AlWreciation to Joseph McNamara for his
service as Chair of the Roanoke County Board of Supervisors
in 2000.
R-010901-1
Chairman Minnix presented the resolution and a plaque to Supervisor
McNamara.
Supervisor Johnson moved to adopt the resolution. The motion carried by
the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
RESOLUTION 01 0901-1 OF APPRECIATION TO JOSEPH MCNAMARA
FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF
SUPERVISORS IN 2000
WHEREAS, Joseph McNamara served as Chairman of the Roanoke
County Board of Supervisors during 2000; and
WHEREAS, during Mr. McNamara's term as Chairman, the County
achieved a variety of accomplishments, including:
. A successful joint retreat with the Board of Supervisors, the School
Board and their respective staffs establishing priorities for the year.
.
Groundbreaking for the construction of the new South County High
School and renovations to Glenvar Middle School.
.
"Celebrate 2000", a year-long successful special events program
that highlighted the past, present and future of Roanoke County,
and offered activities for all ages.
January 9, 2001
.
Continued regional cooperation by scheduling joint meetings with
the City of Roanoke, the City of Salem, the Town of Vinton, and a
picnic at Explore Park for all Roanoke Valley governing bodies.
Grand Opening of the first regional fire training facility in the Valley,
located at the County's Kessler Mill Road facility, which will serve
the training needs for all of Southwest Virginia
.
.
Opening Ceremonies of the 457 acre Roanoke County Center for
Research and Technology located in West County which will
become a premier technology park.
Amendments to the Community Plan utilizing intensive citizen input
and community meetings in the Colonial Avenue Corridor and
Clearbrook-Route 220 area which will serve as models for other
communities in the future.
.
Successful national accreditation of the Sheriff's Office and
reaccreditation of the Police Department.
WHEREAS, Mr. McNamara worked diligently during his term to represent
all the citizens of Roanoke County and to promote regional projects which would benefit
all the residents of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its deepest appreciation to Joseph
McNamara for his service as Chairman during 2000 and for his belief in democracy and
participation by citizens in local government.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NA YS:
.
None
2.
Introduction of William E. Driver, new Real Estate Valuation
Director and Diana L. Rosapepe, new Library Director.
Mr. Hodge introduced William E. Driver who has been named the new
Director of Real Estate Valuation. He announced that Mr. Driver is a
Ce rtified
Residential Real Estate Appraiser in the Commonwealth; received his bachelor of
business administration degree from East Tennessee State University; and has been
employed with Roanoke County since 1984.
January 9, 2001
Mr. Hodge also introduced Diana L. Rosapepe, the new Library Director,
and advised that she received a bachelor's degree in History and English Literature and
her master's degree in Library Science from Brigham Young University; has been with
Roanoke County since 1986; and served as Branch librarian until 1990 when she was
named Assistant Library Director.
3.
Recognition of Roanoke County libraries for receiving Awards
from the Virginia Public Library Directors Association for: (1}
"Outstanding Program for Seniors" and (2) "Best Cooperative
Program" .
Library Director Spencer Watts reported that the Virginia Public Library
Directors' Association presents annual awards for outstanding programs and services.
All of the ninety library systems in Virginia are eligible for the awards which are based
on a competitive review process. For the year 2000, Roanoke County won two of the
eight statewide awards for outstanding programs.
The Library won an award for
"Outstanding Program for Seniors", in recognition of our "Life on the Home Front" oral
history project and supporting programs. Project participants interviewed over thirty
individuals from the Roanoke Valley, and audiotaped and transcribed their accounts of
life during World War II. Dr. Norma Jean Peters, a member of the Library Board and
one of the project participants accepted the award on the behalf of the libraries.
Roanoke County also won an award for "Best Cooperative Program",
based on the inter-departmental efforts involved in planning and staging the "Tons of
Fun at the Mall" festival, which kicked off the County's schedule of special events for the
Year 2000.
The planning efforts of staff from the Library, Parks and Recreation,
January 9, 2001
Schools, and Information Technology departments, and the close working relationship
this group formed with mall management and merchants, resulted in a heavily attended
and very successful event.
Nicole Bird, Information Technology; Myra Sellers, Parks
and Recreation; and Sherry Pearson, Libraries; accepted the award.
Supervisor
Johnson noted that Mr. Watts has accepted another position and asked that he be
recog n ized at the next meeti ng.
I N RE:
NEW BUSINESS
1.
Request for agpropriation of final year-end balance from
school operations for the year ended June 30, 2000. (Dr. Linda
Weber, School Superintendent)
A-O 1 0901-2
Dr. Weber advised that as a result of year-end operations, school revenue
exceeded the budgeted amount by $691 ,389, while savings in major spending
categories accounted for $1 ,783,813. This generated a year end balance for school
operations of $2,475,202. Dr. Weber included a list of recommended expenditures for
the year-end balance, which included $650,000 to purchase school buses.
Supervisor Johnson explained that he was concerned that the state would
not provide funds for teacher raises, and that he supported spending the funds for
school buses but holding the remaining funds to see what the General Assembly does
for education. Supervisor McNamara disagreed, and felt that the schools should spend
for the items they felt were high priority. He moved to approve the request in its
entirety.
Supervisor Nickens supported Supervisor Johnson's suggestion to wait to
approve the appropriation, but he felt the funds must be spent on non-recurring capital
January 9, 2001
expenses.
Supervisor Church agreed with Supervisor McNamara that the Schools
should be allowed to spend their year-end balance as they wished.
There was discussion and questions on some of the items listed in Dr.
Weber's recommended list of expenditures. Supervisor Nickens moved to close debate
and called for the question. The motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
Supervisor Nickens offered a substitute motion to appropriate $650,000
for school buses and bring back other funding requests to discuss at a work session
and take action at the January 23, 2001 meeting. The motion carried by the following
recorded vote:
A YES:
NA YS:
Supervisors Johnson, Nickens, Minnix
Supervisors McNamara, Church
2.
Request for ~47,100 to match ~175,OOO TEA-21 Grant to
construct the Roanoke River Greenway in Green Hill Park.
{Pete HaisliR., Parks, Recreation and Tourism Director}
A-O10901-3
Mr. Haislip advised that on December 19, 2000, Parks, Recreation, and
Tourism staff and Liz Belcher, Greenway Coordinator for the Greenway Commission,
held a work session with the Board of Supervisors to update them on the status of the
Roanoke River Greenway, and to outline the proposed plan of action for the planning
and construction of the Roanoke River Greenway in Roanoke County. Staff presented
plans regarding the joint effort of Salem and Roanoke County to complete portions of
the trail utilizing a $300,000 TEA-21 grant that had been awarded to Salem and
January 9, 2001
Roanoke County.
Mr. Haislip advised that staff from Salem and Roanoke County met and
decided to allocate $175,000 of this grant to construct the Green Hill section of the trail
with Salem retaining $125,000 to engineer the remainder of the Roanoke River
Greenway to be located in Salem. The total cost of the Green Hill project is $222,100.
At the work session the Board supported proceeding with the construction of the section
in Green Hill. Staff is requesting matching funds of $47,1 00 from the General Fund
Unappropriated Balance to complete this project.
Supervisor Church noted that use of Green Hill Park is growing daily and
moved to appropriate $47,1 00 from the General Fund Unappropriated Balance. The
motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
3.
Request to agprove ~12,549 funding for Roanoke County's
share of VMLNACo assessment for AEP Negotiations. (Gary
Robertson, Utility Director}
A-O10901-4
Mr. Robertson reported that Roanoke County's current contract with
American Electric Power (AEP) was approved in 2000 and expires June 30, 2002.
While AEP is legally obligated to continue to supply power to local governments after
the contract ends on June 30, 2002, they have made it clear that future rates to local
governments should be at market rates. Industry experts feel that this could result in a
rate increase of up to 18%.
The VML/V ACO steering committee has recommended
that the following steps be taken: (1) Pursue legislation to ensure that governmental
January 9, 2001
electric customers have "rate cap" protection until July 1, 2007. Delegate Terry Kilgore
has agreed to introduce it in the 2001 session. (2) Negotiate with AEP to "unbundle"
their rates into distribution, transmission and generation components. (3) Monitor and
participate in proceedings at the see and expected legislative activity; and (4) The
probable need to develop a Request for Proposals for the procurement of electric
service after deregulation.
This could happen through either a Cooperative
Procurement, Joint Powers Agreement, or an Electric Procurement Association. At this
time the Steering Committee is recommending that we pursue the development of a
joint entity for the procurement of electric power.
Mr. Robertson explained that while it is difficult to estimate the amount of
legal and consulting assistance that will be needed over the next few years, the
Committee has recommended a budget of $500,000 for the next three years. This
would be $200,000 at this time, $200,000 on July 1, 2001, and $1 00,000 on July 1,
2002. Roanoke County's share of the $500,000 budget is $31 ,372.50 of which $12,549.
is due at this time. The remaining funds can be included in the next two fiscal year
budgets. The $12,549 assessment could be charged equally between the County, the
Schools and the Utility Fund.
In response to a question from Supervisor Johnson, Mr. Robertson
advised that he did not know if deregulation was complete but he had received a
timetable.
Supervisor Johnson moved to appropriate $12,549, with $4,183 from the
General Fund, $4,183 from the Utility Fund, and $4,183 from the Schools. The motion
carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
January 9, 2001
4.
Request for acceptance of grants awarded by the Bill and
Melinda Gates Foundation and alWropriation to the Public
Library Budget. (Spencer Watts, Library Director)
A-O10901-5
Mr. Watts reported that the Roanoke County Public Library has been
awarded two grants by the Bill and Melinda Gates Foundation. One grant, in the
amount of $8,058 is intended to purchase computers and software for the Mount
Pleasant Branch Library in support of the expansion of public access to computers and
the Internet.
A second grant of $43,118 has been awarded to establish a regional
training lab at the Vinton Branch Library. Grant funds will be used to purchase eleven
computers, a server, a laser printer, and a projector. While grants for the individual
building installations, such as the one received for Mount Pleasant, were based on a set
of fairly standardized demographic criteria, the grants for the training labs were highly
competitive, and only seventeen lab grants were awarded throughout the state. In
addition to the funding received via the Gates grants, the library will soon be awarded
additional grants through the Library of Virginia's Infopowering partnership, a
complementary program to the Gates effort. These additional grants will be for the
purchase of public access equipment at the Glenvar, Vinton, and Bent Mountain
branches, and provide funding for facility improvements and furnishings in support of
the training lab at Vinton.
Supervisor Nickens moved to accept and appropriate the Bill and Melinda
Gates Foundation grant funds. The motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
January 9, 2001
5.
AlWointment of Board Members to Committees, Commissions
and Boards for 2001. (Mary H. Allen, Clerk to the Board}
A-O10901-6
Ms. Allen advised that the Board received a list of the 2000 Committee
Assignments with the exception that the appointments specific to the chairman and vice
chairman are now listed under Chairman Minnix and Vice Chairman Church's name for
2001.
Mr. Allen explained that the Board of Supervisors may make any
modifications they wish. Many of the appointments are for specific terms and those
appointments should be made at the expiration of the terms, although the Board may
also make changes to these appointments if they desire.
Ms. Allen pointed out that in January 2000, the Board appointed
Supervisor Church to complete former Supervisor Fenton Harrison's term on the
Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization,
which expires July 1, 2002.
On February 8, 2000, with Supervisor Church's
concurrence, Mr. Harrison was reappointed to complete his original term. The Board
may wish to appoint a Board member to complete this term or wait until the
appointment becomes vacant on July 1, 2002.
Supervisor Church suggested that Mr. Harrison fill this appointment until
Mr. Harrinson's term as Chair is completed.
Supervisor Nickens moved to approve appointments for 2001 with
changes for Chair and Vice Chair and addition of Supervisor Church to the School
Construction Committee and the removal of School Construction Advisory Committee
since it is no longer active. The motion carried by the following recorded vote:
A YES:
NA YS:
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January 9, 2001
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS
2001
JOSEPH B. CHURCH
Virginia Association of Counties legislative liaison (As Vice-Chairman)
Roanoke Valley-Alleghany Regional Commission(3 year term expires
6/30/200 1 )
Roanoke County Cable Television Committee (Representing Catawba
District)
Virginia's First Regional Industrial Facilities Authority - alternate (4-year
term expires 9/24/2002)
Roanoke Valley-Alleghany Regional Commission Water Supply Policy
Co m m ittee
School Construction Committee (Appointed by School Board 11/1999)
BOB L. JOHNSON
Total Action Against Poverty Board of Directors (2-year term expires
5/5/2000. Mr. Johnson appointed Mrs. Elizabeth Stokes as his designee.)
Virginia's First Regional Industrial Facilities Authority (4-year term expires
9/24/2002 )
JOSEPH MCNAMARA
Audit Committee
Clean Valley Council (2-year term expires 6/30/2001)
Roanoke Valley-Alleghany Regional Commission (3-year term expires
6/30/2002 )
School Construction Committee (appointed by the Board of Supervisors
on January 13, 1998)
Roanoke Valley-Alleghany Regional Commission Metropolitan Planning
Organization (3-year term expires 7/1/2002)
H. ODELL MINNIX
Roanoke Valley Economic Development Partnership {As Chairman}
Virginia Association of Counties liaison {As Chairman}
Fifth Planning District Regional Alliance (As Chairman}
Urban Partnership {As Chairman}
Audit Committee
January 9, 2001
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Social Services Advisory Board (4-year term expires 8/1/2002)
Roanoke Valley-Alleghany Regional Commission Metropolitan Planning
Organization (3-year term expires 7/1/2002)
Lewis Gale Hospital Bio-ethics Committee
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HARRY C. NICKENS
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Roanoke Valley Regional Cable Television Committee
Roanoke County Cable Television Committee
Virginia Association of Counties Region 9 Director (elected by VACo)
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I N RE:
FIRST READING OF ORDINANCES
1.
Ordinance to vacate a sanitary sewer easement and access
easement on plat entitled, "Section No.1, The Groves", Plat
Book 17, Page 89, a portion of a 20-foot access easement on
plat entitled, "Pump Station Lot (0.400 Ac.) and 20' Access
Easement," Plat Book 17,
Page 1 01, and a 20' water line
easement on plat entitled, "Section No.3, The Groves," Plat
Book 18, Page 153, and further shown as Existing Sanitary
Sewer and Access Easement (P.B. 17, PG. 89ì Existing 20'
Access Easement (P.B. 17, PG. 101) and Existing 20' Water
Line Easement (P .B. 18, PG.153) on plat entitled, "Section
No.5, The Groves," Plat Book 21, Page 40, within the
boundaries of Monet Drive, located in the Cave Spring
Magisterial District. (Arnold Covey, Community Development
Director}
Mr. Covey reported that In order for this portion of Monet Drive to be
accepted into the state secondary road system, the Virginia Department of
Transportation (VDOT) requires that the right-at-way be tree and clear at any third party
January 9, 2001
rights and encumbrances. The vacation of the sanitary sewer easement and 20' water
line easement to the Commonwealth of Virginia would be subject to VDOT issuing a
permit for such facilities and the condition that the facilities located within the 50-foot
right-at-way at Monet Drive, Section No.5, The Groves, may continue to occupy the
street in the existing condition and location. The Utility Department is in agreement with
th is req uest.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for January 23, 2001. The motion carried by the following
recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
I N RE:
SECOND READING OF ORDINANCES
1.
Second reading of ordinance authorizing the vacation, quit-
claim and release of a portion of an existing 1 OO-foot draina~
easement shown on 'Plat Showing New Drainage Easement
Being Granted to County of Roanoke', Plat Book 13. Page 59\
on property owned by DFC Roanoke, LLC, and located in the
Hollins Magisterial District.
Development Director}
(Arnold Covey, Community
0-010901-7
There were no changes to the ordinance and no discussion.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
A YES:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
January 9, 2001
NA YS:
None
ORDINANCE 01 0900-7 AUTHORIZING THE VACATION, QUIT-CLAIM
AND RELEASE OF A PORTION OF AN EXISTING 100-FOOT
DRAINAGE EASEMENT SHOWN ON 'PLAT SHOWING NEW
DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF
ROANOKE', PLAT BOOK 13, PAGE 59, LOCATED ON PROPERTY
OWNED BY DFC ROANOKE, LLC (TAX MAP #40.01-1-4.3) AND
LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by Deed of Easement dated October 15, 1990, and recorded
in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book
1337, page 540, F & W Community Development Corporation, as owner of the property
designated on the Roanoke County land Records as Tax Map No. 40.01-1-4, conveyed
to the Board of Supervisors of Roanoke County, Virginia, a 1 00' drainage easement as
depicted on 'Plat Showing New Drainage Easement Being Granted To County of
Roanoke' of record in the aforesaid Clerk's Office in Plat Book 13, page 59; and,
WHEREAS, F & W Community Development Corporation subsequently
subdivided a portion of said tract of land, and the subject property is located between
Crumpacker Drive and Cortland Road in the Hollins Magisterial District and is now
designated upon the Roanoke County land Records as Tax Map No. 40.01-1-4.3; and,
WHEREAS, the Petitioner, DFC Roanoke, LLC, is the current owner of the
property and has requested that the Board of Supervisors vacate, quit-claim and
release a portion of the above-described existing 100' drainage easement as shown on
Exhibit A attached hereto; and,
WHEREAS, this vacation will not involve any cost to the County and the
affected County departments have raised no objection; and,
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on December 19, 2000, and a
second reading was held on January 9, 2001.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portion of drainage easement) is hereby
declared to be surplus and the nature of the interest in real estate renders it unavailable
for other public uses.
3. That, subject to the following conditions, the vacation, quit-claim
and release of a portion of an existing 1 00' drainage easement across property of DFC
Roanoke, LLC, located between Crumpacker Drive and Cortland Road in the Hollins
Magisterial District of the County of Roanoke, cross-hatched and designated as "1 00'
WIDE DRAINAGE EASEMENT TO BE VACATED" on Exhibit A attached hereto, said
easement having been acquired by deed of easement dated October 15, 1990, and
recorded in the aforesaid Clerk's Office in Deed Book 1337, page 540, shown and
designated as "NEW 1 00' DRAINAGE EASEMENT" on plat entitled 'PLAT SHOWING
NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE...',
recorded in the aforesaid Clerk's Office in Plat Book 13, page 59, is hereby authorized
and approved.
4.
That Petitioner, DFC Roanoke, LLC, shall be responsible for all
January 9, 2001
costs and expenses associated herewith, including but not limited to, all costs
associated with the establishment of an alternative drainage system, surveys,
publication, and recordation of documents; and,
5. That the County Administrator, or an Assistant County
Administrator, is hereby authorized to execute such documents and take such actions
as may be necessary to accomplish this vacation, quit-claim, and release, all of which
shall be on form approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2.
Second reading of ordinance to vacate a portion of a 15-foot
drainage easement on plat entitled "Subdivision of the
Orchards, Section 2, Agplewood", Plat Book 9~age 112, and
further shown as "Existing 15 foot Drainage Easement (P .B. 9,-
PG. 112)" in Plat Book 13, Page 59, located in the Hollins
Magisterial District. (Arnold Covey, Community Development
Director}
0-010901-8
There was no discussion and no changes to the ordinance.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
ORDINANCE 010900-8 TO VACATE A PORTION OF A 15-FOOT
DRAINAGE EASEMENT ON PLAT ENTITLED 'SUBDIVISION OF THE
ORCHARDS, SECTION 2, APPLEWOOD', PLAT BOOK 9, PAGE 112,
AND FURTHER SHOWN AS "EXISTING 15' DRAINAGE EASEMENT
(P.B.9 PG. 112)" IN PLAT BOOK 13, PAGE 59, AND LOCATED IN THE
HOLLINS MAGISTERIAL DISTRICT
January 9, 2001
WHEREAS, by subdivision plat entitled 'SUBDIVISION OF THE
ORCHARDS, SECTION 2, APPLEWOOD', dated September 14, 1977, and recorded in
the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page
112, a fifteen-foot (15') drainage easement was shown and created on remaining
property of F & W Community Development Corp., the subject easement being
designated on said plat as "15' DRAINAGE EASEMENT"; and,
WHEREAS, the subject easement is further shown and designated as
"EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)", on plat entitled 'PLAT
SHOWING NEW DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF
ROANOKE...', dated July 31, 1990, and recorded in the aforesaid Clerk's Office in Plat
Book 13, page 59; and
WHEREAS, the Petitioners, F & W Community Development Corporation
and DFC Roanoke, LLC, are the current owners of these properties designated on the
Roanoke County land Records as 40.01-1-4 and 40.01-1-4.3, respectively, and have
requested that a portion of the above-described existing 15' drainage easement be
vacated; and,
WHEREAS, the construction of a proposed multi-family development will
result in an encroachment on the subject drainage easement and the Petitioners have
requested that it be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as
amended); and,
WHEREAS, this vacation will not involve any cost to the County and the
affected County departments have raised no objection; and,
WHEREAS, notice has been given as required by § 15.2-2204 of the
Code of Virginia (1950, as amended); the public hearing and first reading of this
ordinance was held on December 19, 2000, and the second reading of this ordinance
was held on January 9, 2001.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That a portion of the existing drainage easement being designated
and shown as "15 FOOT DRAINAGE EASEMENT TO BE VACATED" on Exhibit A
attached hereto, said easement having been shown and designated as "15' DRAINAGE
EASEMENT" on the subdivision plat entitled 'SUBDIVISION OF THE ORCHARDS,
SECTION 2, APPLEWOOD', dated September 14, 1977, and recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 112, and
further shown and designated as "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG.
112)", on plat entitled 'PLAT SHOWING NEW DRAINAGE EASEMENT BEING
GRANTED TO COUNTY OF ROANOKE...', dated July 31, 1990, and recorded in the
aforesaid Clerk's Office in Plat Book 13, page 59, in the Hollins Magisterial District of
the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code
of Virginia (1950, as amended), subject to the conditions contained herein.
2. That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioners.
3. That the County Administrator, or an Assistant County
Administrator, is hereby authorized to execute such documents and take such actions
as may be necessary to accomplish the provisions of this ordinance, all of which shall
be on form approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
January 9, 2001
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
I N RE:
APPOINTMENTS
1.
Grievance Panel
Ms. Allen was asked to contact Beth Anderson to determine if she would
like to serve another term.
I N RE:
CONSENT AGENDA
R-010901-9; R-010901-9.3; R-010901-9.b; R-010901-9.c; R-010901-9.d; R-010901-
9.e
Supervisor McNamara moved to adopt the Consent Resolution. The
motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
RESOLUTION 01 0901-9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
January 9, 2001, designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Resolution of support for the Virginia Public Broadcasting
Board to finance the acquisition of equipment through the
Industrial Development Authority of the City of Harrisonburg,
VA.
2.
Request for acceptance of Carter Grove Lane and Carter
Grove Circle into the Virginia Department of Transportation
January 9, 2001
3.
Secondary System.
Request for acceptance of the remaining portion of Derby
Drive into the Virginia Department of Transportation
Secondary System.
5.
Request to add Autumn Drive to the Virginia Department of
Transportation Secondary System under the Rural Addition
Program.
Resolution of guarantee by Roanoke County to the Virginia
Department of Transportation furnished in lieu of a guarantee
fee or bond for public works permits.
4.
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 McNamara to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 010901-9.a OF SUPPORT FOR THE VIRGINIA PUBLIC
BROADCASTING BOARD TO FINANCE THE ACQUISITION OF
EQUIPMENT THROUGH THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF HARRISON BURG, VIRGINIA
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia
(the "Governing Body") has been asked by the Industrial Development Authority of the
City of Harrisonburg, Virginia (the "Harrisonburg Authority") to concur with a resolution
of inducement adopted by the Harrisonburg Authority at its meeting held on December
12, 2000 for the benefit of the Virginia Public Broadcasting Board (the "VPBB") to assist
in financing the acquisition of certain equipment for the conversion of Virginia's public
television stations to the Federal Communications Commission's new digital standard
(the "Project"); and
WHEREAS, Section 15.2-4905 of the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the
"Act"), provides that if a locality has created an industrial development authority, no
industrial development authority created by a another locality may finance a facility
located in the first locality unless the governing body of such first locality concurs with
the inducement resolution adopted by such industrial development authority; and
WHEREAS, a portion of the equipment constituting the Project will be
located in the County of Roanoke, Virginia and operated by the Virginia public television
station or stations serving the Roanoke County area and the Governing Body
constitutes the highest elected governmental unit of the County of Roanoke, Virginia;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Governing Body concurs with the resolution adopted by the Harrisonburg
January 9, 2001
Authority and approves the loan by the Harrisonburg Authority for the benefit of the
VPBB, as required by Section 15.2-4905 of the Act.
2. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 010901-9.b REQUESTING ACCEPTANCE OF CARTER
GROVE LANE AND CARTER GROVE CIRCLE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR-5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street RequirementsL and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-at-way, as described, and any necessary easements tar cuts, tills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor McNamara
None Required
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
None
RESOLUTION 01 0901-9.c REQUESTING ACCEPTANCE OF THE REMAINING
PORTION OF DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECON DARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR-5(a), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
January 9, 2001
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street RequirementsL and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-at-way, as described, and any necessary easements tar cuts, tills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor McNamara
None Required
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
None
RESOLUTION 010901-9.d REQUESTING ACCEPTANCE OF AUTUMN DRIVE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the street(s) described below was established on or before July
1985 and serves at least three families per mile, and
WHEREAS, the Virginia Department of Transportation (VDOT) has deemed this
county's current subdivision control ordinance meets all necessary requirements to
qualify this county to recommend additions to the secondary system of state highways,
pursuant to Section 33.1- 72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property abutting this street, this
Board finds that speculative interest does exist and deems that extenuating
circumstances also exist to warrant this addition, and
WHEREAS, this Board has determined that the pro rata share of speculative
interest is the sum of $12,388.00, as prescribed by section 33.1-72.1 (0), Code of
Virginia
NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street
be added to the secondary system of state highways, pursuant to Section 33.1-72.1 (0)
,Code of Virginia:
Name of Street: Autumn Drive Length: 0.16 mi.
From: Intersection of Carson Road (Rte 758)
To: cul-de-sac
Guaranteed right-at-way width: 40 teet
Deed Recordation - Grantor:
O.B. 1676, PG. 0086 - Ira Garland Bower, Wanda Ruth Huff and Charlotte
Anne Bibb, devisees of Ruth Fralin Bower
0.8. 1676, PG. 0094 - Jennings Robertson and Doris K. Robertson
January 9, 2001
DB. 1670, PG. 1846 - Stuart J. Wamsley and Geraldine H. Wamsley
DB. 1670, PG. 1869 - Harold B. Hodges and Hazel G. Hodges
DB. 1670, PG. 1862 - Joseph K. Bushnell and Virginia A. Bushnell
DB. 1678, PG. 0600 - Residential Contractors, Inc.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-at-way, as described, and any necessary easements tar cuts, tills and drainage,
and
BE IT FURTHER RESOLVED, this Board requests that the Virginia Department
of Transportation to improved said street to the prescribed minimum standards, funding
said improvements pursuant to Section 33.1-72.1 (0), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor McNamara
None Required
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
None
RESOLUTION 010901-9.e OF GUARANTEE BY THE COUNTY OF
ROANOKE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
FURNISHED IN LIEU OF A GUARANTEE FEE OR BOND FOR PUBLIC
WORKS PERMITS
WHEREAS, it becomes necessary from time to time for the County of Roanoke
to obtain permits from the Virginia Department of Highways and Transportation to
install, construct, reconstruct, maintain, and operate certain public works along, across,
over and upon the highway system of Virginia; and
WHEREAS, expense, damage or injury may be sustained by the Commonwealth
of Virginia growing out of the granting to said County by the Virginia Department of
Highways and Transportation of said permits for the work aforesaid; and
WHEREAS, one of the conditions of such permit or permits is that the County of
Roanoke shall indemnify the Commonwealth of Virginia to the extent permitted by law
against all damages and injuries to the highways and bridges and to persons or
property lawfully upon such highways.
NOW, THEREFORE, the condition of this obligation is such that if the said
County of Roanoke shall in all respects comply with all of the conditions of permit or
permits that have been, or will be, granted said County of Roanoke, and, to the extent
permitted by law, shall indemnify and save harmless the Commonwealth of Virginia
against and from all loss, cost, expense, damage or injury to highways and bridges and
to persons and property lawfully on such highways growing out of the granting of such
permit or permits to said County of Roanoke, then this obligation to be void, otherwise
to be and remain in full force and virtue.
IN WITNESS WHEREOF, the said County of Roanoke has caused this bond to
be executed and its official seal affixed the day and year first above written, pursuant to
January 9, 2001
this Resolution adopted by its Board of Supervisors on the 9th day of January, 2001.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
I N RE:
REQUESTS FOR WORK SESSIONS
A work session on the appropriation of school year-end surplus was
scheduled for January 23, 2001.
I N RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports after
discussion of items 7 and 8 and amendment to Item 7 to reflect 8 holidays and three
floating holidays. The motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
1.
2.
General Fund Unagpropriated Balance
Capital Fund Unagpropriated Balance
3.
4.
Board Contingency Fund
Future School Capital Reserve
5.
Statement of revenues and expenditures for the month ended
6.
November 30, 2000.
Joint Roanoke Valley Proclamation signed by the Chairman
declaring Monday, January 15, 2001 as Martin Luther King, Jr.
Day
7.
Implementation of the 2001 Holiday Schedule.
Supervisor Nickens advised that the report is incorrect and that the Board
January 9, 2001
approved 8 holidays and 3 floating holidays and not 9 holidays and 2 floating holidays
and that the Board should take action on this item. Chairman McNamara responded
that the action was taken at the January 2, 2001 meeting and that this report was
informational only. Mr. Hodge explained that the Board approved 8 specific holidays
and allowed 3 floating holidays. The County staff decided to keep 9 holidays and allow 2
floating holidays.
8.
Report on Sick Leave Usage in 2000
Supervisor McNamara suggested that this report not be part of the agenda
in the future because it sent the wrong message to the employees. Supervisor Nickens
advised that he asked for this report, and it was his understanding that the report was
done on an annual basis. Supervisor Church noted that the employee sick leave usage
is below the national average.
9.
10.
Treasurer's investment report as of November 30,2000
Treasurer's investment report as of December 31,2000
11.
Quarterly Report for Day Reporting Program.
I N RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He advised that he felt that it was the
prerogative of any Board member to bring up any issue and apologized for his previous
comments but felt that some issues should be discussed in private rather than in public.
(2) He announced that the regional summit held on January 8 shows the need to
continue to try cooperation even when it has not been successful in the past.
Supervisor Minnix: He recommended that when there are issues that
Board members disagree on, they should try to eliminate and/or resolve the problems
and come to closure.
January 9, 2001
Supervisor Johnson: He explained that he felt it was refreshing to see
the differences of opinion and passion from the Board members. He recommended that
team-building skills be included in the Board retreat rather than spending all the time on
economic development.
Supervisor Church: He also felt the regional summit was successful,
and that while things can not change overnight, the groups can learn to work together.
He advised that Roanoke County would host the second summit. Supervisor Johnson
suggested meeting at the Water Treatment Plant. Mr. Hodge recommended setting a
date but advised that he has been offered the use of Boxtree Lodge, owned by AI
Hammond, for the next meeting.
Supervisor Nickens: (1) He concurred with the other comments about
the regional summit and pointed out that they need to make a list of priorities from the
discussion.
(2) He apologized to Supervisor McNamara for his comments. (3) He
announced that he and Supervisor McNamara met with the Employees Advisory
Committee for lunch. An item brought up was that even though all employees are
supposed to get an annual performance review, many do not. He asked Mr. Hodge to
check on this and Mr. Hodge responded affirmatively.
I N RE:
WORK SESSIONS
1.
Stormwater Phase II National Pollutant Discharge Elimination
System Requirements (George Simpson, Assistant Director of
Community Development)
The Work Session was presented by George Simpson, and Tim Lorman
and Doug Moseley, AMEC Earth and Environment, Inc.
Mr. Simpson advised that effective March 1 0, 2003, localities having a
January 9, 2001
population of fewer than 1 00,000 will be required to comply with Phase II of the Clean
Water Act and obtain a National Pollutant Discharge Elimination System (NPDES)
permit for stormwater quality.
Wayne Strickland, Executive Director of the Roanoke
Valley Alleghany Regional Commission, updated the Board on the past stormwater
management efforts and on Project Impact. Mr. Lormand and Mr. Mosely provided a
powerpoint presentation on the regulations, schedule for compliance, costs and
associated impacts. The cost for water quality was estimated from $1.70 to $7.60 per
capita, and the stormwater quantity and quality programs was estimated at $60 to $1 00
per acre for a comprehensive approach to manage stormwater.
Mr. Strickland advised that there are no funding source available right
now. Mr. Simpson advised that the County's share of the funding for the study is
$40,000. Staff was directed to bring back a funding request for $40,000 at the January
23, 2001 meeting.
2.
Proposed redistricting. {Paul Mahoney, County Attorney}
The work session was presented by Paul Mahoney, Terry Harrington, and
Diane St. John. Mr. Mahoney advised that redistricting must be completed by the
November 6, 2001 elections. He presented a brief outline of the legal standards and
requirements for the redistricting process and a recommended timetable, that includes a
public hearing on February 27, 2001. He advised that the census data will be available
at the end of March.
It was the consensus of the Board that: (1) there will be five magisterial
districts; and (2) the committee will consist of County Attorney Paul Mahoney, County
Planner Terry Harrington, and Registrar Diane St. John.
Supervisor Johnson recommended avoiding splitting subdivisions if
January 9, 2001
possible. Supervisor McNamara requested that individual Board members not become
involved from a political standpoint.
Mr. Mahoney will prepare a monthly report on the progress.
I N RE:
CLOSED MEETING
At 4:40 p.m., Supervisor Minnix moved to go into Closed Meeting following
the work session pursuant to Code of Virginia Section 2.1-344 A (3) discussion on the
disposition or sale of publicly held property; Section 2.1-344 A (7) discussion concerning
a prospective business or industry where no previous announcement has been made;
Section 2.1-344 A (7) consultation with legal counsel and briefings by staff pertaining to
probable litigation; and Section 2.1-244 A (1) personnel matter concerning appointment
and allocation of staff. The motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
I N RE:
CERTIFICATION RESOLUTION
R-01 0901-1 0
At 6: 11 p.m., Supervisor Johnson advised that the Closed Meeting was
held from 5:40 p.m. until 6: 1 0 p.m. and moved to adopt the Certification Resolution.
The motion carried by the following recorded vote:
A YES:
NA YS:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
None
RESOLUTION 010901-10 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
January 9, 2001
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 closed
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 closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution,
and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Johnson
I N RE:
ADJOURNMENT
At 6.12 p.m. Chairman Minnix adjourned the meeting.
Submitted by,
Approved by,
Mary H. Allen, CMC
Clerk to the Board
H. Odell Minnix
Chairman
January 9, 2001
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