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1/13/1998 - Regular ~, January 13, 1998 23 ~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 13, 1998 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 January, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix 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; Don C. Myeri!, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Roanoke County Ombudsman. The Pledge of Allegiance was recited by all present. 24 January 13, 1998 = = IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Johnson added a proclamation declaring the week of January 18 through 24, 1998, as Constitutional Officers Week (Item C-3). Mr. Hodge rescheduled Item G-1(Purchase agreement with Virginia Tech for the Catawba Farm) until after the Executive Session. Mr. Mahoney added two Executive Session items pursuant to Section 2.1-344 a (3) acquisition or use of real estate for public purposes, Item G-1; and sale or disposition of county-owned property to the City of Salem. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Resolution of ApDreciation upon the retirement of Bobby Scruggs from the Mount Pleasant Volunteer Fire Department. R-011398-1 Chairman Johnson presented the resolution to Mr. Scruggs. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-1 OF APPRECIATION TO BOBBY SCRUGGS UPON HIS RETIREMENT AS A VOLUNTEER FIREFIGHTER WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and ~ January 13, 1998 25 - - WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Bobby Scruggs has served as a volunteer at the Mount Pleasant Fire Department for forty-two years, and Roanoke County wishes to recognize him upon his retirement. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BOBBY SCRUGGS for forty-two years as a capable, loyal and dedicated volunteer at the Mount Pleasant Fire Department. FURTHER, the Board of Supervisors does express its best wishes to Mr. Scruggs for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Resolution of ADpreciation to Bob L. Johnson for his service as Chairman of the Board of SUDervisors durina 1997. R-011398-2 Chairman Johnson was presented with the resolution and a clock in appreciation for his service as 1997 chairman. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-2 OF APPRECIATION TO BOB L. JOHNSON FOR HIS SERVICE AS 1997 CHAIRMAN OF THE BOARD OF SUPERVISORS WHEREAS, Bob L. Johnson served as Chairman of the Roanoke County Board of Supervisors during 1997; and 26 January 13, 1998 WHEKt:AS, dUring Mr. Johnson's term as l,;halrman, the l,;ounty acnlevea a variety of accomplishments, including: o Completion of construction of the $102 million R.R. Donnelleyand Sons printing facility in Valley TechPark = = o Establishment of a Blue Ribbon Commission to study school construction projects and completion of a report recommending $120 million in additions, renovation and new construction o Purchase of the Glen Mary Property for use as a technology park in furtherance of the economic development goals of Roanoke County o Implementation of joint meetings of the elected officials of Roanoke City and Roanoke County, resulting in joint dental insurance for employees and a joint 800 MHZ radio system for the Valley o Opening of the first Greenway in the Roanoke Valley at Garst Mill Park and grant funding to begin work on the Hanging Rock trail o Donation to Roanoke County of land along Green Ridge in North County for the ridgeline protection program WHEREAS, Mr. Johnson also served as Chairman of the Roanoke Regional Airport Commission during 1997; and WHEREAS, Mr. Johnson also 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 Bob L. Johnson for his service as Chairman during 1997 and for his belief in democracy and participation by citizens in local government. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Proclamation Declaring the week of January 18-24. 1998a5 Constitutional Officers week in Roanoke County. Wayne Compton, Commissioner of Revenue; Fred Anderson, Treasurer; - January 13, 1998 27 ~ Steve McGraw, Clerk of Circuit Court; and Gerald Holt, Sheriff; were present to accept the proclamation. Chairman Johnson asked Board Clerk Mary Allen to make additional copies of the proclamation for all the Constitutional Officers. Supervisor Harrison moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS 1.. Reauest for apDroval of $13.500.000 of industrial revenue bonds for Hollins College COrDoration for the construction of a new librarv and making various building renovations on the campus. (Tim Gubala. Director of Economic Development) R-011398-3 Mr. Gubala reported that Hollins College Corporation, a tax exempt 501 (c) 3 organization, has requested that the Authority issue up to $13,500,000 of Industrial Revenue Bonds for the construction of a new library and renovation of various buildings on the campus. The Industrial Development Authority (IDA) held a public hearing and approved the application for bond financing at their January 7 meeting. The IDA is requesting that the Board concur in their recommendation and approve the issuance of the bonds. Supervisor Johnson asked what the status was of his request that the IDA 28 January 13,1998 - consider a surcharge to be used for economic development proJects. Mr. Guoala = responded that he discussed with the IDA, raising their fees and instituting a surcharge. The IDA agreed with the fee increase but did not concur with the surcharge. He will again discuss the institution of a surcharge with the IDA. Supervisor Nickens questioned the use of IDA bonds to purchase motor vehicles for the college. Responding were AI Knighton, attorney for Hollins College and Charles Chris from Hollins College. They advised that only $40,000 would be spent on vehicles, and would be used to purchase vans for student transportation. In response to a question from Supervisor Nickens, County Attorney Paul Mahoney advised that he did not feel that the Board could remove the request for the vans from the IDA package and should either approve or reject the entire request. Supervisor McNamara advised that he shared Supervisor Nickens' concern about the van purchase but would still support the request. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-3 APPROVING REQUEST OF $13,500,000 OF INDUSTRIAL REVENUE BONDS FOR HOLLINS COLLEGE CORF'OPA.TlON FOR THE CONSTRUCTION OF A NEW LIBRARY AND VARIOUS BUILDING RENOVATIONS ON THE CAMPUS WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the application of Hollins College Corporation (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $13,500,000 (the "Bonds") to assist the borrower in ~ January 13, 1998 29 -, - financing (a) the construction of a new four-story library, of approximately 56,000 square feet, adjacent to the Borrower's existing chapel, (b) the renovation of various buildings, (c) the construction and renovation of utility systems, (d) the equipping of the Borrower's campus, and (e) the acquisition of motor vehicles to be based on the Borrower's campus all of which facilities (collectively the ":Project") will be located on the Borrower's campus on U.S. Route 11 North in Roanoke County, Virginia (the "County") and will be owned and operated by the Borrower, and has held a public hearing thereon; and WHEREAS, it has been requested that the Board of Supervisors of the County (the "Board") approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the financing of the Project and the issuance of the bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Project possesses any economic viability. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the County and the Authority, shall be obligated to pay the principal of or interest on the bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Approval of 1998 Appointments of Board Members to Committees. Commissions and Boards. (Marv Allen. Clerk to the Board) A-011398-4 Ms. Allen advised that at the beginning of each year, the Board of Supervisors has the opportunity to make modifications to their committee assignments. 30 January 13, 1998 - :some are speclTlc to me cnalrman and vice chairman and would remain the Si:lIII... However there are vacancies created by the election of Supervisor McNamara representing the Windsor Hills Magisterial District. Supervisor Johnson appointed Supervisor McNamara to the Audit Committee replacing himself. He also requested that the School Board appoint Supervisor McNamara to the School Construction Committee, and requested that Supervisor McNamara also be appointed to the committees held by former Supervisor Lee Eddy. Mr. Eddy will continue to serve on the Fifth District Rural Transportation Planning Advisory Committee as the citizen representative. Supervisor Johnson moved to approve the 1998 committee appointments with the following additions and changes. The motion carried by a unanimous voice vote. FENTON F. HARRISON Fifth Planning District Commission (three-year term expiring 6/30/98) Metropolitan Planning Organization (3-year term expires 7/1/99) Roanoke County Cable Television Committee (representing Catawba Magisterial District) BOB L. JOHNSON Roanoke Regional Airport Commission (4-year term expires 2/10/98) Total Action Against Poverty Board of Directors (2-year term expires 5/5/98. BLJ appointed Mrs. Elizabeth Stokes as his designee.) Virginia Association of Counties Liaison (As Chairman) Roanoke Valley Economic Development Partnership (As Chairman) JOSEPH P. MCNAMARA Audit Committee Clean Valley Council (2-year term expires 6/30/99) Fifth Planning District Commission (3-year term expires 6/30/99) Metropolitan Planning Organization (3-year term expires 7/1/99) ~ January 13,1998 31 - H. ODELL MINNIX Social Services Advisory Board (4-year term expires 8/1/98) Audit Committee Metropolitan Planning Organization - Alternate (3-year term expires 7/1/99) HARRY C. NICKENS Roanoke Valley Regional Cable Television Committee Roanoke County Cable Television Committee Legislative Liaison to Virginia Association of Counties (As Vice-Chairman) Metropolitan Transportation District Study Commission 3. Request for approval of the 1998 Holiday Schedule and amendment to the EmDloyee Handbook. (Joe Sgroi. Director of Human Resources) A-011398-5 Mr. Sgroi recommended that the Board of Supervisors approve the 1998 holiday schedule for County employees. He also recommended changes to the handbook eliminating additional holidays approved by the Governor of Virginia. Supervisor Nickens offered additional modifications to the handbook that specifically eliminated any additional days approved by the Governor. He moved to approve the 1998 holiday schedule and handbook amendment with the additional modification to the handbook amendment and added to the Holiday Schedule New Year's Day 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 32 January 13, 1998 - FIRST READING OF ORDINANCES 1.. First reading of ordinance to ratify a sublease agreement with Bell Atlantic for use of their tower on Poor Mountain. (William Rand. General Services Director) Mr. Rand reported that in 1988 Roanoke County placed an 800 MHZ repeater on Poor Mountain at the Bell Atlantic tower site. This arrangement was an informal agreement. The proposed sublease agreement formalizes the agreement with Bell Atlantic giving the County legal status at this site. The lease is for a five year term with the option for one five year renewal and there is no rent required. Bell Atlantic is requiring that the County provide liability insurance at an approximate cost of $350. Supervisor McNamara moved to approve the first reading and set the second reading for January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: 2. First reading of ordinance to amend and reenact Section 10-3 Article I of Chapter 10 "Licenses" of the Roanoke county Code in order to conform with a state code amendment to eliminate charaing a license fee to certain businesses subiect to a license tax. (Brent Robertson. Budget Manager) -, January 13, 1998 33 ~ Mr. Robertson advised that the proposed ordinance incorporates into the County Code a state code amendment to eliminate charging a license fee to businesses subject to a license tax. The 1997 General Assembly permitted localities to assess and collect license taxes provided such tax shall not be assessed and collected on any amount of gross receipts of each business upon which a license fee is charged. This prohibits the County from imposing a license fee and assessing a gross receipts tax on businesses whose gross receipts are greater than $100,000. The projected revenue loss from this amendment totals approximately $75,000. Supervisor Minnix asked Mr. Robertson to bring to the second reading of the ordinance figures on moving the base to pay for a license from $3,000 to $5,000. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for January 27, 1998. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson None .3. First readina of ordinance to vacate a five-foot portion of a sanitary sewer and drainage easement located on Lot 8A and shown on the subdivision plat of Nottingham Park as recorded in Plat Book 17. Page 124. and located in Windsor Hills Magisterial District. 'Arnold Covey. Director of Enaineering and InsDections) 34 January 13, 1998 Mr. Covey advised that Triangle Developers, Inc. IS the owner of Lot !:lA, = === Nottingham Park. They are requesting vacation because they inadvertently constructed a residence that protruded approximately 3.5 feet into the existing easement. At the December 2, 1997 meeting, the Board approved the petitioner's donation of an additional 5 feet sanitary sewer and drainage easement that compensated for the encroachment into the existing easement. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None 4. First reading of ordinance to vacate a 20-foot drainage easement recorded in Plat Book 16. Page 128. Lot 1 and Lot 23. Section 2. Plantation Grove as recorded in Plat Book 19, Page 175. located in Hollins Ma9isterial District. (Arnold Covey. Director of Engineering and Inspections) Mr. Covey reported that Mike LaBrie and DVW Incorporated are requesting that the Board vac:::te a 20 foot drainage easement no longer ilaeded because the drainage plan for the Plantation Grove Subdivision has been altered from its original design and drainage facilities are no longer required. The vacation also allows the owners flexibility in the location of their new residence. -, January 13, 1998 35 ~ Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for January 27, 1998. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson None 5. First reading of ordinance to vacate a 50-foot unimproved right- of-way referred to as ChamD Drive as recorded in Plat Book 5. Page 82. located in the Cave Spring Magisterial District. (Arnold Covey. Director of Engineerina and Inspections) Mr. Covey advised that the petitioner, Don Dye of Buck Mountain Land Development, LLC, is the owner of the unimproved parcel adjacent to Champ Drive and desires to vacate the unimproved portion which is 50 feet in width and approximately 290 feet in length. When the right-of-way is vacated, the property will be evenly divided and combined with the property adjacent to both sides. Staff is recommending that the right-of- way be vacated and that a drainage easement covering the entire 50 foot width of the current right-of-way and extending 145 feet from Chaparral Drive be retained. Supervisor Minnix moved to approve the first reading and set the second reading and-public tîeåring for January 27, 1998. The motion cariiêd by the following recorded vote: AYES: NAYS: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson None 36 January 13, 1998 - = 6. First reading of ordinance authorizing the execution of a lease of approximately 10 acres of real estate from the Virginia Recreational Facilities Authority for public park purposes. (Joyce Wauah. Economic Development SDecialist) Ms. Waugh advised that on May 28,1997, the Board authorized $100,000 for advance funding of the Mayflower Hills neighborhood park to be managed by the Parks and Recreation Department. The Roanoke Valley Resource Authority has agreed to fund the park by reimbursement. This ordinance authorizes execution of a lease with the Virginia Recreation Facilities Authority for 10 acres for the park. Supervisor Nickens moved to approve the first reading and set the second reading for January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None 7. First reading of ordinance authorizina the release and reconveyance of utility easements (South Transmission Line and the Starkey Road Water Project) to Terry James Page and Larry Vernon Page. James B. Page and Aiice M. Page. and Margaret T. Reynolds. (Gary Robertson. Utility Director\ Mr. Robertson explained that in planning the south transmission line ~, January 13, 1998 37 - numerous water line easements were obtained by Roanoke County. During construction of this line some of the easements were relocated for various reasons. Two of these easements are located on the Page property and the owners have requested that the County release and reconvey the original easement. Supervisor Minnix moved to approve the first reading and set the second reading for January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: INRE: SECOND READING OF ORDINANCES 1.. Second reading of ordinance approving a purchase agreement with Virginia Polytechnic Institute & State University and the Commonwealth of Virginia for 377 acres of real estate known as the Catawba Farm and authorizing the purchase of the propertv for economic development pUrDoses. (Melinda Cox. Economic Development Specialist) This item was moved until after the Executive Session. APPOINTMENTS 1.. Commission for Senior and Challenged Citizens Supervisor Johnson nominated Webb Johnson and Elizabeth Stokes. 38 January 13, 1998 2.. Library Board ~ Roanoke Valley Resource Authority Supervisor Nickens moved to appoint Douglas Anderson and Allan Robinson to serve four year terms which will expire December 31, 2001. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Social Services Advisory Committee 5. Southwest Development Financina. Inc. IN RE: CONSENT AGENDA R-011398-6: R-011398-6.b: R-011398- 6.c: R-011398- 6.f Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-6 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 January 13, 1998 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 7, inclusive, as follows: -, January 13, 1998 39 - ~ 1. Acceptance of a grant from American Electric Power Company for marketing of the shell building at Valley Gateway. 2. Request for acceptance of Empire Lane into the Virginia Department of Transportation Secondary System. 3. Request for acceptance of Millbridge Road into the Virginia Department of Transportation Secondary System. 4. Request from Police Department for acceptance of $62,938 V- Stop Grant for violence again women. 5. Request from Police Department for acceptance of $5,000 grant from the Family and Children's Trust Fund of Virginia. 6. Resolution of appreciation upon the retirement of Mary F. Parrish, Libraries 7. Request to accept donation of a water line easement across the property of George R. Webb and Nita Webb in Roselawn Court. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-6.b REQUESTING ACCEPTANCE OF EMPIRE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM WHEREAS, the street described below was established May 11, 1971, and currently serves at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation 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 §33.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, 40 January 13, 1998 this tloard f ndS that specUlative Interest aoes not exISt. NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-72.1 (D), Code of Virginia: = = Name of Street: Empire Lane. Length: 0.066 miles. From: the intersection of Rte 1775. To: 0.066 miles NWof intersection Rte 1775. Guaranteed right-of-way width: 50 feet. Plat Recorded Date: May 11, 1971; Deed Book 8, Page 6, In the Roanoke County Clerk's Office. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to §33.1-72.1 (D), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: SUDervisor Johnson None Required Supervisors McNamara. Minnix. Harrison. Nickens. Johnson None RESOLUTION 011398-6.c REQUESTING ACCEPTANCE OF MILLBRlDGE ROAD 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 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 Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and January 13, 1998 41 = 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: Supervisor Johnson None Required SUDervisors McNamara. Minnix Harrison. Nickens. Johnson None RESOLUTION 011398-6.1 OF APPRECIATION UPON THE RETIREMENT OF MARY F. PARRISH, LIBRARY WHEREAS, Mary F. Parrish was first employed on April 14, 1989 as a Library Assistant; and WHEREAS, Mary F. Parrish has also served as Senior Library Assistant; and WHEREAS, Mary F. Parrish has, among other endeavors, ably and responsibly represented her colleagues on the Employee Advisory Committee; and WHEREAS, Mary F. Parrish, through her 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 Roanoke County to MARY F. PARRISH for over eight 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Robert Hunt. 709 Marvland Avenue. Salem Va. spoke in opposition to the proposed location of the American Electric Power's 765 KV transmission line and requested that the line not be built above the current transmission line but in the foothills of the mountains. 42 January 13, 1998 IN RE: REPORTS AND INQUIRIt:::i UI- ~UAKU Mt:M~t:K::i '== Supervisor Minnix: He announced that he and Supervisor McNamara met with the Employee Advisory Committee for lunch. They exchanged ideas and he looks forward to working with the EAC. Supervisor Harrison: He asked how long the County would be picking up Christmas Trees. Mr. Hodge responded that they would continue picking them up for several weeks. (2) He announced that during the recent snow storm, people with four- wheel drive vehicles drove into several parks ruining the grass. Chief Lavinder informed him that several people have been caught and he reminded the public that such behavior will be prosecuted. (3) He asked about the plans to recognize the Glenvar and William Byrd Girls Basketball teams. Board Clerk Mary Allen advised that she is in contact with the coaches and trying to set up a date. (4) He asked if anyone had watched Mr. Overstreet's videotape on his flooding problems and advised that the tape is still available. Supervisor Nickens: (1) He announced that Melinda Cox, Vinton Town Manager Clay Goodman, and he had reviewed proposals for the McDonald Farm marketing plan and they plan to choose a firm soon, and move forward with development of the project. Supervisor Johnson: He announced that the Board and staff held a retreat at Smith Mountain Lake for two days. They set their priorities with education as the number one priority, and re-established the Board of Supervisors fiduciary responsibilities. INRE: REPORTS - January 13, 1998 43 - ~ Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund IN RE: WORK SESSION 1. Joint work session with American Electric Power to discuss the proposed 765 KVA transmission line. The work session was held from 4:30 p.m. until 5:30 p.m. and was presented by Terry McMahon, American Electric Power. He reported that electrical usage has doubled and increased again by 36% since 1973. It is anticipated there will be 186% increase by the time the transmission line is completed and this does not include any sales outside of the area. Mr. McMahon advised that they had reviewed all the other options that have been suggested and they either were too expensive or did not cover all the areas. In response to questions from the Board members, Mr. McMahon advised: (1) they had no vested choices and are willing to look at any route with less impact; (2) the . . . SCC has to approve on only the needs of the internal customer; (3) the proposed corridor is 1,000 feet wide; and (4) that only 5 to 10 properties will be directly affected by the proposed corridor. Mr. McMahon explained that AEP is requesting resolutions of support from the local governments. 44 January 13, 1998 ~ Mr. Hodge responded that he IS convlncea OT me neea Tor me line and will = support the proposed location that would provide the least impact to the community. He will bring back a resolution of support after the Executive Session. INRE: EXECUTIVE SESSION At 4:30 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(3) acquisition or use of real estate for public purposes, Item G-1; and 2.1-344 (3) sale or disposition of county-owned property to the City of Salem; and 2.1-344 a (7) probable litigation, BPOL tax. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None INRE: CERTIFICATION OF EXECUTIVE SESSION R-011398-7 At 6:05 p.m., Supervisor Minnix moved to return to open session; that the Executive Session was held from 5:30 p.m. until 6:05 p.m.; and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 011398-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA , January 13, 1998 45 - WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the Certification Resolution and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS 1. Resolution SUDDortina American Electric Power's Wvoming- Cloverdale 765 KV transmission line project. R-011398-8 There was no discussion. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None - RESOLUTION 011398-8 SUPPORTING AMERICAN ELECTRIC POWER'S WYOMING-CLOVERDALE 765 kV TRANSMISSION LINE PROJECT. WHEREAS, thousands of residential, commercial and industrial customers of Appalachian Power Company, d/b/a American Electric Power ("AEP") in Roanoke County, Virginia rely upon AEP to supply their electricity needs economically and reliably; and 46 January 13,1998 - WHt:Kt:A~, me avallaolllty or rellaOle ana reasonablY priced electrlélly I::; essential to the social and economic well being of the citizens, businesses and industries of the County, as well as other areas served by AEP; and WHEREAS, beginning in 1990, and in applications filed on September 30, 1997, with the Virginia State Corporation Commission and the West Virginia Public Service Commission, Appalachian Power Company, d/b/a American Electric Power has proposed the construction of a 765 kV transmission line from its Wyoming Station near Oceana, West Virginia to its Cloverdale Station, at Cloverdale, Virginia ("the Wyoming-Cloverdale 765 kV Line"), to provide needed electric capacity to serve the Company's Central and Eastern areas; and WHEREAS, the Virginia State Corporation Commission stated in a December 13,1995, Interim Order in an earlier proceeding on the proposed line that, based on the record, there is ". . . compelling need for additional electric capacity to serve Appalachian's Central and Eastern Regions. . ." and that the proposed transmission line "may be the most reasonable method of addressing this compelling need. . . "; and WHEREAS, in its August 1996 Report to the President in the wake of the recent blackouts in the Western U.S. during the summer of 1996, the U.S. Department of Energy identified delays in the Wyoming-Cloverdale 765 kV Line as one of only two areas of significant concern within the United States regarding reliability of the nation's electricity supply. WHEREAS, in a report issued to the Department of Energy in March 1997, an independent body of experts from three area electricity reliability councils concluded that the delayed completion of the Wyoming-Cloverdale 765 kV Line will result in a significant risk to the power supply reliability affecting a large area of the eastern United States, and that the proposed line is an effective way to mitigate the potential for widespread power interruptions; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia recognizes that an unreliable power supply, and even the prospect of an unreliable power supply, can exert a powerful negative effect on economic development and could sap the vitality and competitiveness of existing business and industry, and affect their expansion decisions, in the County and surrounding region; and WHEREAS, the Board of Supervisors recognizes that interruptions of the power supply to the citizens and businesses of the County could cause significant economic damage and other serious health related and safety impacts in the County and surrounding region; and WHEREAS, the Board also desires that AEP be mindful of the natural beauty and historic integrity in the areas where the proposed transmission line project lTIay be located. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA as follows: 1. The Board hereby expresses its support for AEP's proposed Wyoming-Cloverdale 765 kV Transmission Line. 2. The Board requests that AEP minimize as much as possible any = January 13,1998 47 - - negative impact on individual properties, the mountain viewsheds and historic areas that may be located near the proposed Wyoming-Cloverdale Transmission Line. 3. In light of the growing urgency of the need for transmission reinforcement, the Board hereby requests that the Virginia State Corporation Commission complete its assessment of AEP's application in a timely manner and approve the proposed transmission line and a Virginia location for the line. 4. The Clerk to the Board is hereby directed to send certified copies of this Resolution to the Virginia State Corporation Commission, the West Virginia Public Service Commission and the United States Forest Service. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FIRST READING OF ORDINANCE 1. First Reading of ordinance accepting an offer for and authorizing the sale of 37.86 acres of real estate located in the City of Salem (The Llovd PropertY) Mr. Hodge advised that Roanoke County has owned the land since 1980. The City of Salem plans to use the land for economic development purposes if they can work out the restrictive covenants by the second reading. Supervisor Johnson moved to approve the first reading and set the second reading for January 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Minnix, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second readina of ordinance approving a purchase agreement 48 January 13,1998 with Virginia Polytechnic Institute & State University and the E Commonwealth of Virginia for 377 acres of real estate known as the Catawba Farm and authorizinQ the purchase of the property for economic development Durposes. (Melinda Cox. Economic Development Specialist) 0-011398-9 Supervisor Johnson asked that any changes to the agreement be brought back to the Board. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 011398-9 AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE LOCATED ON STATE ROUTE 779 (CATAWBA) FROM THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT AND PROTECTING VALUABLE ENVIRONMENTAL RESOURCES, AND ASSIGNMENT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Section 18.04 of the Roanoke County Charter provides that the acquisition of real estate shall be accomplished only by ordinance; and, the first reading of this ordinance was held on January 5, 1998, and the second reading of this ordinance was held on January 13, 1998; and, WHEREAS, the County of Roanoke, Virginia, (the "County") intends to acquire approximately 377 acres of real estate, being a identified as a portion of Tax Map Number 7.00-1-5, and which is located in the Catawba Valley from the Commonwealth of Virginia, Virginia Polytechnic Institute and State University, and which is known as the Catawba Farm, for the purposes of promoting economic development and protecting valuable environmental resources; and, WHEREAS, County staff has negotiated a Contract of Purchase and Sale for ::=:: - - January 13, 1998 49 this real estate with the Commonwealth of Virginia, Virginia Polytechnic Institute and State University; and WHEREAS, pursuant to §15.2-1205 of the Code of Virginia (1950, as amended), the Board of Supervisors is authorized to donate and assign its rights under a Contract of Purchase And Sale to the Industrial Development Authority (IDA), in furtherance of the purposes for which the IDA was created; and, WHEREAS, it is in the public interest of the citizens of Roanoke County to acquire this real estate in the Catawba Valley for these purposes. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition from the Commonwealth of Virginia, Virginia Polytechnic Institute and State University by contract of purchase and sale of approximately 377 acres of real estate located on State Route 779 in the Catawba Valley, and being identified as a portion of Tax Map Parcel No. 7.00-1-5, for the purposes of promoting economic development and protecting valuable environmental resources, for the sum of One Million ($1,000,000) Dollars, is hereby authorized and approved. 2. That the acquisition of this property shall be accomplished through deferred purchase money financing in ten (10) equal annual installments. The installment payments shall be subject to future appropriations by the Board of Supervisors. Nothing in this Ordinance shall constitute a debt pledging the full faith and credit of the County. That there is hereby appropriated from the Unappropriated Balance the sum of $110,000 to pay the initial installment and all costs related to this transaction. 3. That the County Administrator is hereby authorized and directed to assign the County's contract rights to acquire this real estate to the Industrial Development Authority of Roanoke County, which shall proceed with acquisition of this real estate, subject to the terms and conditions provided in the contract, and the IDA shall assume all obligations and responsibilities of the County provided for in the contract. 4. The County Administrator or Assistant County Administrators are hereby authorized to take such actions and to execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 5. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: ADJOURNMENT At 6:15 p.m., Chairman Johnson declared the meeting adjourned. 50 January 13, 1998 Submitted by, Approvea by, E ~ß.~ Mary H. Allen, CMC Clerk to the Board This page left intentionally blank