10/9/2001 - Regular
October 9, 2001
581
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 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 first
regularly scheduled meeting of the month of October, 2001.
IN 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
“Butch” Church, Supervisors Bob L. Johnson, Joseph
(Left at 6:10 p.m.)
McNamara, Harry C. Nickens
MEMBERS ABSENT:
None
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; Kathi B. Scearce, Community
Relations Director
IN RE: OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
October 9, 2001
582
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added a Closed Meeting item 2.2-3711A.(1) discussion of a
personnel matter, performance of specific officers.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Proclamation declaring the week of October 21 - 27, 2001 as Red
Ribbon Week in the County of Roanoke as a symbol of
opposition to illegal drug use.
The proclamation was accepted by Mary Gwen Parker, Secretary/Treasurer
of the Roanoke Area Youth Substance Abuse Coalition who also described the special
activities that are planned during the week.
2. Resolution of Appreciation upon the retirement of Harry A.
Franks, Information Technology Department.
R-100901-1
Harry Franks, former Technical Services Manager, was present to receive
the resolution.
Supervisor Church moved to adopt the resolution. The motion carried by the
following recorded vote:
October 9, 2001
583
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 100901-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF HARRY A. FRANKS, INFORMATION TECHNOLOGY
DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE
WHEREAS, Harry A. Franks was first employed by Roanoke County on
December 16, 1975, as a programmer analyst, and has held the positions of Director of
Data Processing; Project Management Coordinator; Manager of Computer Operations and
Technical Support; and Technical Support Specialist; and
WHEREAS, Mr. Franks retired from Roanoke County on September 1, 2001,
as Technical Service Manager after twenty-five years and eight months of service; and
WHEREAS, Mr. Franks was the first employee in the Data Processing
Department for Roanoke County and has held positions of responsibility which furthered
the development and growth of the Information Technology Department; and
WHEREAS, Mr. Franks was very instrumental in the implementation of the
E-911 System; the disbursement of the E-911 budget accounts; and was involved in the
networking of telecommunications at the Roanoke County Administration Center, as well
as all satellite offices; and
WHEREAS, Mr. Franks was not only highly regarded for his wealth of
expertise in all aspects of information technology, but was respected by his co-workers,
both as a mentor, and as a friend who offered guidance and support, and was never too
busy to listen to their suggestions or concerns; and
WHEREAS, Mr. Franks, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens of
HARRY A. FRANKS
Roanoke County to for over twenty-five years of capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
October 9, 2001
584
3. Proclamation declaring the week of October 7 - 13, 2001 as Fire
Prevention Week in the County of Roanoke.
The Proclamation was accepted by Battalion Chief Don Gillispie, Fire and
Rescue Chief Richard Burch, and firefighters Ronald Campbell, David Chaplin and Gary
Huffman.
IN RE: NEW BUSINESS
1. Resolution reaffirming and amending Resolution 120500-2
supporting the I-581 and Route 220 Corridor for Interstate 73
through the Roanoke Valley. (Elmer C. Hodge, County
Administrator)
Mr. Hodge advised that at a work session on September 25, Supervisor
Nickens requested that staff prepare a resolution “reiterating the County position” in
support of construction of I-73 in the I-581 and Route 220 corridor and specifically
opposing the route through Southeast City and County. Following discussion, there was
Board consensus to direct staff to prepare a resolution supporting the construction of I-73
October 9, 2001
585
in the I-581 and Route 220 corridor and opposing any other route. Mr. Hodge advised he
had included with this report the previous adopted resolutions, correspondence from the
Board, internet research on other states’ actions concerning I-73, and a Board Report from
a July 10 work session.
Supervisor Nickens moved to adopt the prepared resolution.
Supervisor Church advised he was reluctant to vote on another resolution in
addition to the ones already adopted, all of which support the central corridor. Supervisor
Minnix advised that he met with Fred Altizer, VDOT, and Ms. Lindy Lionberger,
Commonwealth Transportation Board, and they felt that any new resolution could
jeopardize the success of I-73 in Virginia. Supervisor McNamara reported that he has
expressed strong support for the central corridor throughout the process and that he felt
that I-73 was needed from an economic development standpoint. Supervisor Johnson
explained that he felt that the Board had supported the citizens of Windsor Hills, Cave
Spring and Catawba, and that now the Board should do the same for the Mount Pleasant
community. He noted that the City of Roanoke adopted a resolution opposing the
Riverland Road route.
Supervisor Nickens advised he thought that there was clear direction at the
work session to the staff to bring back the proposed resolution. He offered to withdraw his
motion and offer a substitute motion that the Board of Supervisors go on record in
October 9, 2001
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opposition to the selected corridor which is Alternate 6A.
Supervisor Minnix advised he wished to clarify that when the Board
discussed I-73 encompassing Route 220 it was with the understanding that the people who
would be affected would be fairly compensated, but with the changes, it would only add
two lanes and turn lanes and not compensate the residents.
Supervisor McNamara asked about the transcript prepared from the work
session on I-73 and Ms. Allen responded that she has not prepared a verbatim work
session transcript in the past. Supervisor McNamara advised that there are no rules of
parliamentary procedure at work session or action taken. Supervisor Nickens advised
that staff prepared the resolution as Supervisor McNamara had suggested and the Board
is not altering their position but only opposing Alternate 6A corridor.
Supervisor Nickens moved to go on record opposing Alternate 6A with a
letter indicating this from the chairman. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens
NAYS: Supervisors McNamara, Minnix
Supervisor Church advised that he misunderstood the motion and moved to
reconsider Supervisor Nickens’ motion. Mr. Mahoney advised that the Board could vote on
the motion to reconsider but according to the Board’s rules and procedures, the issue must
be brought back at the next meeting. Supervisor Church’s motion carried by the following
October 9, 2001
587
recorded vote:
AYES: Supervisors McNamara, Church, Minnix
NAYS: Supervisors Johnson, Nickens
2. Request to accept and appropriate $370,500 Community Oriented
Policing Services (COPS) grant from the U. S. Department of
Justice. (Ray Lavinder, Police Chief)
A-100901-2
Chief Lavinder reported that the County has been notified that the Police
Department has been awarded a grant from the U.S. Department of Justice Office of
Community Oriented Policing Services (COPS). The grant is under their Making Officer
Redeployment Effective (MORE) program and will be used to purchase mobile data
terminals and related equipment to be used within the police vehicles. The grant is in the
amount of $370,500 and will be matched by planned expenditures of $123,500 to upgrade
part of the regional radio system to allow this equipment to function. Chief Lavinder
reported that Congressman Goodlatte held a news conference on October 8 to announce
this grant.
In response to a question from Supervisor Nickens, Chief Lavinder advised
that the matching funds of $123,000 will come from the E911 fund.
October 9, 2001
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Supervisor Johnson moved to accept $370,500 and appropriate the funds,
and that letter of appreciation be sent to Congressman Goodlatte. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. First reading of ordinance authorizing the vacation of an existing
20' drainage easement and acceptance of the relocated 20'
drainage easement on property of Leon P. Harris and Beverly Y.
Harris, Lot 3A, Section 26, Hunting Hills, located in the Cave
Spring Magisterial District. (Arnold Covey, Community
Development Director)
Mr. Covey reported that at the time of construction of their residence, the
Harris’ requested approval to pipe the existing drainage easement due to its close
proximity to the structure and the fact that the drainage channel was a ravine on a steep
grade. The drainage staff worked with the property owners, the contractor and VDOT to
relocate the easement in a manner that would alleviate a likely future drainage problem,
and adequately address drainage from Fox Ridge Road and the landscaping concerns of
October 9, 2001
589
the property owners. The County agreed to cover the cost of relocating the easement,
VDOT covered the cost of piping, and the property owners were responsible for all other
physical improvements. The costs to the County are estimated to be $210.00 and funds
are available in the Community Development budget.
Supervisor Minnix moved to approve the first reading and set the second
reading for October 23, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second Reading of ordinance amending ordinance 021098-9 and
032498-7 which vacated and closed public rights-of way and
released public property interests in and around Pinkard Court
subdivision, to delete the condition in each ordinance that the
specified properties be acquired in one common ownership
(Lowe’s Inc.) And combined into one tract or parcel, and to
otherwise ratify and approve each of said ordinances. (Vickie
Huffman, Assistant County Attorney)
O-100901-3
October 9, 2001
590
Mr. Mahoney advised that this is a housekeeping item to clear any possible
title objections or defects resulting from the four-month condition, because Lowe’s did
complete all of the necessary acquisitions and development of the property. There was no
discussion and no citizens to speak.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 100901-3 AMENDING ORDINANCE #021098-9, WHICH
VACATED AND CLOSED AS PUBLIC RIGHTS-OF-WAY A PORTION OF
VALLEY AVENUE, ALL OF PINKARD AVENUE, MEADOW VIEW ROAD,
BOOKER ROAD, AND SUMMIT AVENUE, AND ALL ALLEYS IN PINKARD
COURT SUBDIVISION SHOWN IN PLAT BOOK 1, PAGE 363, AND
ORDINANCE #032498-7, WHICH VACATED AND RELEASED PROPERTY
INTERESTS CONVEYED TO THE BOARD OF SUPERVISORS IN
CONNECTION WITH ROADS, STREETS, ALLEYS, RIGHTS-OF-WAY,
AND PUBLIC ACCESS IN AND AROUND PINKARD COURT
SUBDIVISION, TO DELETE THE CONDITION IN EACH ORDINANCE
THAT THE SPECIFIED PROPERTIES BE ACQUIRED IN ONE COMMON
OWNERSHIP (LOWE’S COMPANIES, INC.) AND COMBINED INTO ONE
TRACT OR PARCEL OF LAND WITHIN FOUR MONTHS FROM THE
DATE OF ADOPTION OF EACH ORDINANCE, AND TO OTHERWISE
RATIFY AND APPROVE EACH OF SAID ORDINANCES.
WHEREAS, on February 10, 1998, the Board of Supervisors adopted
Ordinance #021098-9 Vacating and Closing as Public Rights-of-Way a Portion of Valley
Avenue, All of Pinkard Avenue, Meadow View Road, Booker Road, and Summit Avenue,
and All Alleys in Pinkard Court Subdivision Shown in Plat Book 1, page 363, pursuant to
§15.2-2272.2 of the Code of Virginia (1950, as amended), said action having been taken
upon petition of the residents and Interstate Development, L.L.C., optionee on the
October 9, 2001
591
properties, in Pinkard Court Subdivision in connection with the proposed development of
the Lowe’s retail business in the County of Roanoke; and,
WHEREAS, on March 24, 1998, the Board of Supervisors adopted Ordinance
#032498-7 Vacating and Releasing Property Interests Conveyed to the Board of
Supervisors in Connection with Roads, Streets, Alleys, Rights-of-Way, and Public Access
in and Around Pinkard Court Subdivision; and,
WHEREAS, each of said Ordinances included a condition that the specified
properties be acquired in one common ownership (Lowe’s) and combined into one tract or
parcel of land within four months from the date of adoption of each ordinance, in order to
protect against the loss of public access to and from the individual properties or the
relinquishment of other public interests, in the event that Lowe’s elected not to proceed
with its proposed development; and,
WHEREAS, Lowe’s did proceed with the project and acquired all of the
identified properties, together with several additional properties, but was unable to
complete the requisite acquisitions within the four-month period specified in the above-
referenced Ordinances due to resolution of various title issues pertaining to several
properties; and,
WHEREAS, in view of the satisfaction of all of the remaining conditions of
said Ordinances and the combination of the properties into one tract of land, as shown on
plat dated May 27, 1999 and revised through October 26, 2000, and recorded in the
Clerk’s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 24, page 1,
the four-month condition is deemed unnecessary for the protection of the public interest or
the previous individual property owners; and,
WHEREAS, notice of the proposed amendment has been given as required
by §15.2-2204 of the Code of Virginia (1950, as amended), and the public hearing and first
reading of this ordinance was held on September 25, 2001; the second reading of this
ordinance was held on October 9, 2001.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That Section 1.a. of Ordinance #021098-9 be, and hereby is, amended
as follows:
1. ****:
a. That fee simple title to all of the lots in Pinkard Court
Subdivision as shown on Plat Book 1, Page 363 (except Lots
1, 2, and 3 in Block 1 which are not affected by this action), to
a parcel of land currently owned by Rowena P. Jernigan (Deed
Book 1288, Page 803) designated on the Roanoke County
October 9, 2001
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Land Records as Tax Map No. 87.08-3-1, and to a parcel of
land consisting of 21.686 acres, more or less, and being a
portion of a tract of land currently owned by Craighead Real
Estate (Deed Book 1388, Page 1311; Will Book 44, Page
1447) designated on the Roanoke County Land Records as
Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-
1-43, shall be acquired by Interstate Development, L.L.C., or
its assignee (Lowe's Companies, Inc.), in one common
ownership and all of said lots or parcels shall be added and
combined into one tract or parcel of land, with other parcels
added if necessary or desired, within four months from the
date of adoption of this ordinance.
2. That Section 7.a. of Ordinance #032498-7 be, and hereby is, amended
as follows:
7. That this ordinance shall be subject to the following conditions:
a. That fee simple title to all of the lots in Pinkard Court
Subdivision as shown on Plat Book 1, Page 363 (except Lots
1, 2, and 3 in Block 1 which are not affected by this action), to
a parcel of land currently owned by Rowena P. Jernigan (Deed
Book 1288, Page 803) designated on the Roanoke County
Land Records as Tax Map No. 87.08-3-1, and to a parcel of
land consisting of 21.686 acres, more or less, and being a
portion of a tract of land currently owned by Craighead Real
Estate (Deed Book 1388, Page 1311; Will Book 44, Page
1447) designated on the Roanoke County Land Records as
Tax Map No. 77.20-1-42 and a portion of Tax Map No. 77.20-
1-43, shall be acquired by Interstate Development, L.L.C., or
its assignee (Lowe's Companies, Inc.), in one common
ownership and all of said lots or parcels shall be added and
combined into one tract or parcel of land, with other parcels
added if necessary or desired, within four months from the
date of the adoption of this ordinance.
3. That all other provisions of Ordinance #021098-9 and Ordinance #
032498-7 are hereby ratified and approved as originally adopted on February 10, 1998,
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and March 24, 1998, respectively.
4. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent 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.
5. 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
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 Minnix 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 authorizing the acquisition of
flood-prone properties for preservation of floodplain land related
to the Carvin Creek Hazard Mitigation Project located on Palm
Valley Road in the Hollins Magisterial District. (George Simpson,
Community Development Assistant Director)
O-100901-4
There was no discussion and no citizens to speak.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
October 9, 2001
594
ORDINANCE 100901-4 AUTHORIZING ACQUISITION OF PROPERTY ON
PALM VALLEY ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM
DOUGLAS W. MCDANIEL, SR., BEING LOTS 12, 13, 14, 15, 16, 17, 18,
19, AND 21, BLOCK 8, AND A 1.905-ACRE PARCEL, MAP OF SECTION
4, BROOKSIDE, (TAX MAP NOS. 38.11-1-43, 38.11-1-45, 38.11-1-46,
38.11-1-47, 38.11-1-48, 38.11-1-49, 38.11-1-50, 38.11-1-51, 38.11-1-52,
AND 38.11-1-42), FOR PRESERVATION OF FLOODPLAIN LAND
RELATED TO THE CARVIN CREEK HAZARD MITIGATION PROJECT
WHEREAS, the purpose of the Carvin Creek Hazard Mitigation Grant is to
reduce the number of structures located in the floodplain and subject to flooding damage;
and,
WHEREAS, Roanoke County has been awarded a grant from the Federal
Emergency Management Agency (FEMA) to purchase flood-prone homes in the Sun
Valley/Palm Valley area; and,
WHEREAS, the unimproved property to be acquired is located in the same
area as the property acquired (or to be acquired) with the FEMA grant and is in the Carvin
Creek floodplain; and,
WHEREAS, staff has negotiated the purchase of said property from the
owner, Douglas W. McDaniel, Sr., for the sum of $30,000.00, plus the payment of all
delinquent real estate taxes in the amount of approximately $7,000.00; and
WHEREAS, Mr. McDaniel and the County have entered into a contract of
sale, subject to approval by the Board of Supervisors; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this ordinance
was held on September 25, 2001; and the second reading was held on October 9, 2001.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized to acquire from
Douglas W. McDaniel, Sr., Lots 12, 13, 14, 15, 16, 17, 18, 19, and 21, Block 8, and a
1.905-acre parcel, Map of Section 4, Brookside, Plat Book 7, page 45, (Tax Map Nos.
38.11-1-43, 38.11-1-45, 38.11-1-46, 38.11-1-47, 38.11-1-48, 38.11-1-49, 38.11-1-50,
38.11-1-51, 38.11-1-52, and 38.11-1-42) for the sum of $30,000.00, plus the approximate
sum of $7,000.00 for payment of the delinquent real estate taxes thereon.
2. That the purchase price, delinquent real estate taxes, and closing
costs shall be paid out of the Drainage/Flood Control capital account.
3. That the County Administrator, or an Assistant County Administrator,
is authorized to execute such documents and take such actions on behalf of the Board of
October 9, 2001
595
Supervisors in this matter as are necessary to accomplish the acquisition of this property,
all of which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
3. Second Reading of ordinance amending the Intergovernmental
Agreement with the City of Roanoke for the establishment of a
Joint Public Safety Radio System. (John Chambliss, Assistant
Administrator)
O-100901-5
There was no discussion and no citizens to speak.
Supervisor Nickens moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 100901–5 APPROVING AMENDMENTS TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE
FOR THE ESTABLISHMENT OF A JOINT PUBLIC SAFETY RADIO
SYSTEM
October 9, 2001
596
WHEREAS, §15.2-1300, Code of Virginia, authorizes agreements for the
joint exercise of powers by political subdivisions of the Commonwealth; and,
WHEREAS, the City and the County have determined that it is in their mutual
best interest jointly to expand and equip the existing 800 MHZ trunked radio
communications system to serve fire, police, emergency and other radio communication
needs; and,
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to
th
amend the Intergovernmental Agreement previously entered into as of the 17 day of
December, 1997; and,
WHEREAS, these amendments will continue the County’s regional approach
to radio communications systems and upgrades capabilities for mobile data
communications; and,
WHEREAS, the first reading of this ordinance was held on September 25,
2001, and the second reading was held on October 9, 2001.
BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Board hereby ratifies, confirms and approves the
amendments to the Intergovernmental Agreement for the Establishment of a Joint Public
Safety Radio System in substantially the form as attached to this ordinance, and
authorizes the County Administrator, or his designee, to execute this Agreement on behalf
of Roanoke County, upon form approved by the County Attorney.
2. That the services performed and expenditures made under this
Agreement shall be deemed to be for public and governmental purposes and all
immunities from liability enjoyed by the County and its personnel within its boundaries shall
extend to its participation in this Agreement.
3. That this Ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: APPOINTMENTS
October 9, 2001
597
1. Roanoke Valley Area Metropolitan Planning Organization (MPO)
Community Advisory Committee.
Supervisor Nickens nominated Ann Rogers.
IN RE: CONSENT AGENDA
R-100901-6;R-100901-6.c
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 100901-6 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
October 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 6, inclusive, as follows:
1. Approval of Minutes - June 26, 2001.
2. Acceptance of donation of telecommunication line easement across
property of Lewis-Gibbs Corporation for fiber optic cable between the
Hollins Fire and Rescue Station and the Hollins Library.
3. Designation of a Voting Representative at the Virginia Association of
Counties (VACo) Annual Meeting on November 13, 2001.
October 9, 2001
598
4. Resolution reconstituting the Regional Community Criminal Justice
Board for the Court Community Corrections Program and affirming
County appointees.
5. Request from Schools to accept and appropriate $500 Virginia
Commission for the Arts grant for art education technical assistance.
6. Request from Schools to accept and appropriate $6,370 grant from
the Virginia Department of Education for the mentor teacher program.
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 to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 100901-6.c RECONSTITUTING THE REGIONAL
COMMUNITY CRIMINAL JUSTICE BOARD FOR THE COURT
COMMUNITY CORRECTIONS PROGRAM AND CONFIRMATION OF
COUNTY APPOINTEE
A RESOLUTION
of the Board of Supervisors of the County of Roanoke,
establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany,
Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of
Buena Vista, Covington, Lexington, Roanoke and Salem, the membership of the Court-
Community Corrections Regional Community Criminal Justice Board to serve the region
composed of those Counties and Cities.
WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath,
Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena
Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-
Community Corrections Program, a local pretrial services and community-based probation
program established and operated pursuant to the provisions of Article 2 of Chapter 1 of
Title 9.1 and Article 5 of Chapter 9 of Title 19.2 of the 1950 Code of Virginia, as amended;
and
October 9, 2001
599
WHEREAS, the Virginia Comprehensive Community-Corrections Act for
Local-Responsible Offenders (Virginia Code § 9.1-173 et seq.) and the Virginia Pretrial
Services Act (Virginia Code §19.2-152.2 et seq.) require the establishment and
appointment of a Community Criminal Justice Board for the Court-Community Corrections
Program; and
WHEREAS, a Regional Community Criminal Justice Board for the
participating jurisdictions previously has been established in accordance with law, and this
Board, in conjunction with the governing bodies of the other jurisdictions which participate
in this multijurisdictional program, deems it appropriate to reconstitute the Regional
Community Criminal Justice Board for the Court-Community Corrections Program,
pursuant to the authority granted to local governing bodies under Virginia Code §15.2-
1411.
NOW, THEREFORE, pursuant to the authority granted to this Board by
Virginia Code §§15.2-1411, 19.2-152.5, 9.1-178 and the Charter of this City, IT IS
RESOLVED:
1. That a Regional Community Criminal Justice Board for the Court-
Community Corrections Program is established.
2. The Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and
Rockbridge, and the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem are
the jurisdictions which participate in the Court-Community Corrections Program. Each of
these jurisdictions shall be represented on the Regional Community Criminal Justice
Board. The Regional Community Criminal Justice Board shall consist of up to 20 persons,
a number established by Virginia Code §9.1-178 and this resolution and by similar
resolutions of the governing bodies of each of the other participating jurisdictions. The
composition of the Regional Community Justice Board shall at all times comply with all
applicable statutes and regulations. Each participating city or county shall have an equal
number of appointments.
3. In conjunction with resolutions of appointment adopted or to be adopted by
the governing bodies of all participating jurisdictions, this Board, jointly with the other
participating jurisdictions, appoints the following persons to the Regional Community
Criminal Justice Board to represent this governing body, for the terms of years set forth
below. Each appointment shall be effective as of July 1, 2001. Subsequent appointments
shall be filled according to the bylaws of the Regional Community Criminal Justice Board
and in joint concurrence with the participating governing bodies.
Because §9.1-178 provides that the Board’s membership shall include
persons who hold certain positions, this resolution sets out, beside the name of each
person, a descriptive title for that person’s position or occupation.
Name and Title Term
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600
Honorable Clifford R. Weckstein 2 Years
Judge, Circuit Court
Twenty-third Judicial Circuit
Honorable Julian H. Raney, Jr. 1 Year
Judge, General District Court
Twenty-third Judicial District
Honorable John B. Ferguson 1 Year
Judge, Juvenile
& Domestic Relations Court
Twenty-third Judicial District
James C. “Chris” Alderson, Esquire 2 Years
Commonwealth Attorney
Alleghany County/City of Covington
Sheriff George McMillan 3 Years
Roanoke City Sheriff’s Office
Sheriff Gerald Holt 2 Years
Roanoke County Sheriff’s Office
Sheriff Ronnie Sprinkle 1 Year
Botetourt County Sheriff’s Office
Sheriff Roger Surber 3 years
City of Salem
William H. Cleaveland, Esquire 3 Years
Attorney-at-Law
Roanoke, Virginia
Chief Atlas “Joe” Gaskins 3 Years
Chief of Police
City of Roanoke
Mr. John Higgins 3 Years
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601
Superintendent
Rockbridge Regional Jail
Mrs. Tammy D. Stephenson 3 years
County Administrator
County of Alleghany
Mr. Ned McElwaine 3 years
Deputy County Administrator
County of Botetourt
Mr. John Chambliss 3 years
Deputy County Administrator
County of Roanoke
Mr. Ray Burton Fitzgerald 2 Years
Chief Magistrate
Twenty-fifth Judicial District
Dr. David Smith 1 year
Superintendent
Bath County Public Schools
Ms. Gail Burrus 2 years
Director, Counseling Services
Blue Ridge Behavioral Health Care
Roanoke, Virginia
Ms. Nancy Stagner 3 years
County of Rockbridge
Deputy Mitch Deskins 3 years
Craig County Sheriff’s Office
Patrolman A. J. Panebianco 3 years
Buena Vista Police Department
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602
4. This Board, in conjunction with the governing bodies of the other
jurisdictions which have established the Court-Community Corrections Program, hereby
designates and appoints the City of Salem as the administrative and fiscal agent for the
program.
On motion of Supervisor Nickens to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
1. Annie Krochalis, 9428 Patterson Drive. Bent Mountain,
expressed
concern about the Bent Mountain Library and requested that the library improvement
needs be met.
2. Joan Carver
asked for the opportunity to present a video at the Work
Session to discuss improvements at the Bent Mountain Library.
IN RE: REPORTS
Supervisor Nickens moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
October 9, 2001
603
3. Board Contingency Fund
4. Future School Capital Reserve
5. Proclamations signed by the chairman
6. Quarterly Report for the Day Reporting Program.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church
expressed appreciation to the citizens in his area for
their input and e-mails on various positions including I-73. He advised that he made a
mistake on his vote earlier on I-73 and will correct it at the next meeting because he
has been consistent and does not wish to jeopardize the project.
Supervisor Nickens:
(1) He asked the people from Mt. Pleasant affected
by I-73 to “stay tuned” and that he is still working to negate the impact of I-73 to the
community. (2) He announced that he was impressed with a display on the history of
the Vinton First Aid Crew that was at the “To The Rescue” Museum at Tanglewood
Mall, and pointed out that the crew was chartered in 1932.
IN RE: CLOSED MEETING
At 4:40 p.m., Supervisor Nickens moved to go into Closed Meeting after
the work sessions pursuant to Code of Virginia Section 2.2-3711 A (3) discussion or
October 9, 2001
604
consideration of the acquisition of real property for public purpose; 2.2-3711 A (5)
discussion concerning a prospective business or industry where no previous
announcement has been made of the business’ interest in locating its facilities in
Roanoke County; 2.2-3711A (3) discussion of the disposition of public property,
Salem Office Supply; 2.2-3711A (7) Consultation with legal counsel pertaining to
contract negotiations, i.e. McDonald Farm and shell building at Valley Gateway; 2.2-
3711A (1) discussion of the performance of specific County officials. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: WORK SESSION
1. Joint Work Session with the Library Board to discuss Bent
Mountain Library renovations. (Elmer C. Hodge, County
Administrator)
The work session was held from 4:45 p.m. until 5:45 p.m.
Participating in the Work Session were members of the Library Board and
Joan Carver, a proponent of renovations to the Bent Mountain Library who presented a
video showing the crowded conditions at Bent Mountain Library.
October 9, 2001
605
A written report was prepared by Mr. Chambliss describing how the
Capital Improvements Program is developed, prioritized and funded. Supervisor
McNamara commended the residents at Bent Mountain for their community
involvement. Supervisor Church advised that the Board recognized the need at Bent
Mountain Library but that there was a committee that evaluated and prioritized the
projects.
Mr. Hodge reported that they reviewed the circulation statistics in 1997
and a committee was formed to prepare an inventory. Their first priority was the
Glenvar Library and second priority was the Route 419 Headquarters Library. Library
Board member Norma Jean Peters explained there were needs in every library and
they were approached in April by Ms. Carver and agreed that they needed more space.
Ms. Carver asked for support for fund raising efforts to improve Bent Mountain Library
but the Library Board did not feel they had the authority to approve such a program
because they were concerned it would encumber the funds to improve only one library
and that the group would need to seek 501C non-profit status.
Board member David Smith suggested a program where people could
contribute to their individual branch library. The funds would go into the General Fund
but be earmarked for the library.
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606
Supervisor Nickens suggested that staff prepare draft policies for
contributions and bring it back to the Board for approval. Mr. Hodge responded that
staff would develop a program similar to funding programs in schools undertaken by
PTAs
Joan Carver, a resident of the Bent Mountain Community, described the
proposed plans for the renovations to the Bent Mountain branch library. She asked
that the Board of Supervisors approve the concept of their community raising funds that
would be used toward the renovations. The Library Board members expressed
concern about what their part would be in this process.
It was the consensus of the Board that staff will develop a program and
procedures for accepting contributions and donations for County projects and bring
them back to the Board for approval.
IN RE: CLOSED MEETING
The Closed Meeting was held from 5:45 p.m. until 7:35 p.m.
IN RE: WORK SESSION
October 9, 2001
607
1. Fee for ambulance transport update. (Dan O’Donnell, Assistant
County Administrator and Rick Burch, Fire and Rescue Chief)
The work session was held from 7:35 p.m. until 8:10 p.m. Chief Rick
Burch reported that they had received only 12 phone calls out of 31,000 households
who received their brochure. Supervisor Church advised that the City of Salem
received phone calls from people who live in Salem and Supervisor Minnix advised he
received one letter.
Chief Burch explained that they produced a video which was shown on
RVTV and will be shown throughout the month of October. The video emphasizes that
if you can not afford to pay the fee, you will not have to pay it. However, he
emphasized that Medicare requires that everyone be charged the fee.
Mr. Hodge advised that Botetourt County does not charge a fee and the
Botetourt County Board of Supervisors recommended that the fee only be charged if
the ambulance runs into Roanoke County from the joint Read Mountain station. Mr.
Hodge and Chief Burch with work with Salem and Botetourt County on how to handle
the fees. Staff also described the permit process whereby volunteer rescue squads and
private independent ambulance companies operating in the County will receive permits
issued by the Fire and Rescue Department.
October 9, 2001
608
IN RE: CERTIFICATION RESOLUTION
R-100901-7
At 8:10 p.m., Supervisor Minnix moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
(left at 6:10 p.m.)
ABSENT: Supervisor Nickens
RESOLUTION 100901-7 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
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 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 Minnix to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Minnix
NAYS: None
October 9, 2001
609
ABSENT: Supervisor Nickens
IN RE: ADJOURNMENT
Supervisor Minnix adjourned the meeting at 8:10 p.m.
Submitted by, Approved by,
__________________ ________________
Mary H. Allen, CMC H. Odell Minnix
Clerk to the Board Chairman
October 9, 2001
610
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