3/10/1998 - Regular
"'"
\
March 10, 1998
151
-
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 10, 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 March, 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
(left at 6:40 p.m.), 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. Myers,
Assistant County Administrator; Anne Marie Green, Director,
Community Relations
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.
./
152
March 10, 1998
=
INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Johnson moved the Briefing from the Economic Development
Partnership from 3:00 p.m. until 4:30 p.m.
Mr. Mahoney added the following items: (1) Item 5, first reading of
ordinance vacating property interests for streets in Pinkard Court, (2) Item 9 to the
Consent Agenda, donation of drainage easement, and (3) Executive Session pursuant
to Section 2.1-344 A (5) discussion of prospective business or industry.
Supervisor Nickens asked that the order of the work sessions be
changed because he had to leave before 7:00 p.m.
Supervisor Harrison asked that Item 6 under Reports concerning the
Roanoke Valley Resource Authority appointments be moved to New Business, Item 7.
INRE:
NEW BUSINESS
1... Order settinQ the tax rate on real estate situate in Roanoke
County for the Calendar year 1998. (Brent Robertson. Budget
Manager)
0-031098-1
Mr. Robertson reported that the public hearing on this issue was held
February 24,1998, and the tax rate was advertised at $1.13 per one hundred dollars
assessed valuation. He recommended adoption of the order setting the tax rate at
$1.13 per one hundred dollars assessed valuation.
March 10, 1998
153
-
Supervisor Nickens moved to adopt the order. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDER 031098-1 SETTING THE TAX RATE ON REAL ESTATE
SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1998
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, that the levy for the twelve-month period beginning January 1, 1998, and
ending December 31, 1998, be, and hereby is, set for a tax rate of Be per one
hundred dollars of assessed valuation on all taxable real estate and mobile homes
classified by §§ 58.1-3200, 58.1-3201, and 58.1-3506. B of the 1950 Code of Virginia,
as amended, situate in Roanoke County.
On motion of Supervisor Nickens to adopt the order, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2.. Order settina the tax levy on all classes of personal property
and machinery and tools situate in Roanoke County for the
calendar year 1998. (Brent Robertson. Budget Manager)
0-031098-2
Mr. Robertson advised that the personal property tax rate was advertised
at $3.50 per one hundred dollars assessed valuation, and that the machinery and tools
tax rates were advertised at $3.00 per one hundred dollars assessed valuation. The
public hearing was held February 24, 1998.
Supervisor Minnix moved to adopt the order. The motion carried by the
following recorded vote:
154
March 10,1998
-
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDER 031098-2 SETTING THE TAX LEVY ON ALL CLASSES OF
PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 1998
BE IT ORDERED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the levy for the twelve-month period beginning January 1,
1998, and ending December 31, 1998, be, and hereby is, set for a tax rate of .. per
one hundred dollars of assessed valuation on all taxable, tangible personal property,
excluding all those classes of household goods and personal effects as are defined in
§§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including
the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in
the 1950 Code of Virginia, as amended, of public service corporations based upon the
assessed value thereof fixed by the State Corporation Commission and duly certified.
2. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in §
58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No.
121592-11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1,
1998, and ending December 31,1998, be, and hereby is, set at fifty (50%) percent of
the tax rate established in paragraph 1 for the taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally
designated as Motor Vehicles for Disabled Veterans.
4. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in §
58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as
machinery and tools.
5. That the levy for the twelve-month period beginning January 1,
1998, and ending December 31, 1998, be, and hereby is, set for a tax rate of IIW-per
one hundred dollars of assessed valuation on all taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally
designated as machinery and tools.
On motion of Supervisor Minnix to adopt the order, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
March 10, 1998
155
~ Consideration of claim by Hanging Rock Estates. LLC. (Paul
Mahoney. County Attorney)
A-031 098-3
Mr. Mahoney advised that Hanging Rock Estates seeks $2,752.43 for
damages to their property as a result of the installation of the north water transmission
line. Utility Director Gary Robertson has reviewed this claim and reports that the
County hired Thomas Brothers to perform this portion of the work on the north water
transmission line, and the County denies that it caused any damage.
Mr. Mahoney explained that the State Code established a procedure for
the submission of claims by citizens to the governing body for action, and no legal
action may be maintained against the County upon any claim unless that person shall
first present his claim to the Board of Supervisors.
Supervisor Johnson advised that his company has six lots for sale in the
subdivision and he would abstain from voting on this issue.
Supervisor Nickens moved to deny the claim. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
~ Consideration of claim by Carlton and Associates. (Paul
156
March 10, 1998
Mahonev. County Attorney)
A-031 098-4
Mr. Mahoney reported that Carlton and Associates seeks $18,391.04 for
damages to property as a result of the installation of a water line through a storm water
detention pond. Utility Director Gary Robertson has reviewed the claim and reports
that the County hired Thomas Brothers to install this water line. The County had issued
a list of minor punch list items to Thomas Brothers related to this project. The punch
list items related to this claim consist of installing a small amount of rip rap, cleaning
and reseeding a small area, with a cost estimate of less than $500. If Carlton and
Associates suffered additional damage then the damage was caused by the failure of
Carlton and Associates and Hanging Rock Estates, LLC to properly install their own
subdivision improvements.
Supervisor Nickens moved to deny the claim. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
5. Consideration of claim by James L. Woltz. (Paul Mahoney.
County Attorney)
A-031 098-5
~
March 10, 1998
157
-
Mr. Mahoney advised that Mr. Woltz seeks $5,400.00 for unpaid rent of
premises located on Poor Mountain and used by the County for a tower site for
emergency communications. The County attempted to negotiate the purchase of this
property and Mr. Woltz demanded $225,000.00 to purchase a 50' X 100' portion of the
property, subject to certain limitations. An independent appraisal to determine fair
market value was set at $107,000.00 which was offered to and rejected by Mr. Woltz.
On October 28, 1997, the Board authorized the acquisition and immediate right of entry
of the property by eminent domain proceeding. On November 21, 1997, the County
deposited $107,000.00 with the Clerk of the Circuit Court and the funds were withdrawn
by Mr. Woltz.
In response to a question, Mr. Mahoney advised that the County last
paid rent in September and that all these issues, including rent, should be argued in
court.
Supervisor Nickens moved to deny the claim. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
6. Request for aDDroval to name the proposed busines~ park i.t
the Glenn-Mary site. (Elmer C. HodQe. County Administrator)
A-031 098-6
158
March 10, 1998
.
Mr. Hodge explained that the Board requested that staff bring back a list
of proposed names for the business park to be located at the Glenn-Mary site. The
project will be a business park geared toward research and technology, and there will
be no heavy industrial or commercial uses. Any name chosen should emphasize these
positive aspects. Mr. Hodge asked that the name be chosen before the rezoning
request goes to the Planning Commission in April. Mr. Hodge presented a list of
names, advising that staff had reviewed the names and recommended the name of the
Roanoke County Center for Research and Technology.
Supervisor Nickens moved to name the park Roanoke County Center for
Research and Technology. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
L ReDort on appointments to the Roanoke Valley Resource
Authority.
Supervisor Harrison explained that he moved this item to New Business
so that the Board could consider the options listed in the report. He moved to approve
Alternate #1, that the Board request an expansion of the number of County
representatives so . that a member from the Bradshaw Road community could be
appointed.
Supervisor Minnix offered an amended motion to continue with the
-----,
March 10, 1998
159
-
current membership but that the first available vacant position go to a citizen from
Bradshaw Road. After discussion on the merits and need of increasing the RVRA
Board, Supervisor Minnix withdrew his motion with no vote taken.
Supervisor Harrison's original motion to increase the membership was
defeated by the following recorded vote:
AYES:
NAYS:
Supervisor Harrison
Supervisors McNamara, Minnix, Nickens, Johnson
Chairman Johnson asked that his item be returned to the Report Section
of the Agenda to be received and filed.
INRE:
FIRST READING OF ORDINANCES
1... First reading of ordinance amending and reenacting the
ComDrehensive Plan bv the adoption of the Roanoke Valley
Regional Stormwater Management Plan as part of the
Roanoke County Comprehensive Plan. (Terry Harrington.
Director of Planning and Zoning)
Mr. Harrington advised that the Stormwater Management Plan will serve
as a valuable planning-tool to mitigate and prevent future flooding 'in Roanoke County.
The projects identified in the plan will serve as a guide for future stormwater
improvements and funding sources. The adoption of the plan as a component of the
!
160
March 10, 1998
ï=
Comprehensive Plan also allows the County to maintain its current high rating in
FEMA's Community Rating System which means that the Roanoke County's citizens
who are eligible for federal flood insurance will pay the lowest possible rates available.
Mr. Harrington explained that the ordinance accepts the analysis, design
and flood reduction recommendations but does not address or commit the County to
any funding mechanism.
Supervisor Johnson advised that he would have some questions at the
second reading.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for March 24, 1998. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS: None
2. First reading of ordinance authorizing an eXDansion of use of
an existing electric transmission line easement across a well
lot located Kentland Drive to American Electric Power. (Paul
Mahoney. County Attorney)
Mr. Mahoney explained that Americaro E!ectric Power (AEP) has
requested authorization to expand the use of an existing 100 foot wide easement
across a well lot on Kentland Drive to allow a telecommunication antenna and related
March 10, 1998
161
-
-
facilities to be located on an existing transmission line. There will be underground lines
and a small building.
Supervisor Nickens asked if AEP is receiving rental for the tower, and
that if they are, the County should share in any compensation. Supervisor McNamara
and Supervisor Johnson agreed, but Supervisor Minnix responded that the County
encouraged co-location of towers and unless there is a large sum of rent, the County
should not charge.
Mr. Mahoney advised that if the County charged rent, they would have
no liability, and responded that he could negotiate with AEP for any rental that is
received.
Supervisor Johnson moved to approve the first reading with paragraph 3
amended to allow staff to negotiate with AEP and set the second reading for March 24,
1998. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
3. First readina of an ordinance declaring a parcel of real estate
surplus and authorizina sale of a well lot. Arlinaton Hills #2.
(Paul Mahonev. County Attornev)
Mr. Mahoney advised that the well lot had been advertised and that an
162
March 10, 1998
offer has been received and presented to the Board in Executive Session. The identity
=
=
of the offerors and the amount, terms or conditions will be kept confidential until the
second reading when the Board may accept the best offer received or reject all offers.
The well lot is located on Route 221 across from Cave Spring Junior High School.
Supervisor McNamara moved to approve the first reading and set the
second reading for March 24, 1998. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
4. First readina of ordinance amend in a and reenacting Section
10-33 Real Estate Services. Section 10-34. Professional
Services. and Section 10-36. Personal and Business Service
Occupations. of Article II.
Classified Business and
Occupational License Provisions of Chapter 10. Licenses. to
increase the gross receipts from $3.000 to $5.000 for the
exemption from Dayment of a license fee. (Paul Mahoney.
County Attorney)
Mr. Mahoney reported that this ordinance increases the gross receipts
threshold amount from $3,000.00 to $5,000.00 for three classifications of businesses
and occupations: real estate services, professional services, and personal and
business service occupations. The loss of revenue from this change would be
March 10, 1998
163
-
$8,200.00.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for March 24, 1998. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS: None
5. Ordinance to vacate and release proDerty interests conveyed
to the Board of SUDervisors in connection with roads. streets.
alleys. rights-of-way. and DubUc access in and around Pinkard
Court Subdivision.
(Vickie Huffman. Assistant County
Attorney)
Ms. Huffman reported that the proposed ordinance would vacate and
release and reconvey where applicable several real estate interests conveyed to the
Board in connection with roads, streets, alleys, rights-of-way and public access in and
adjoining the Pinkard Court Subdivision. On February 10, the Board vacated and
closed the public rights-of-way and alleys and abandoned the secondary roads in
Pinkard Court. The developer of the site, Lowe's Companies, had proceeded to finalize
the property acquisition. Title" searches on the properties have revealed a number of
recorded instruments conveying or purporting to convey easements for right-of-way, a
parcel for right-of-way, and an alley which are separate from the public rights-of-way
164
March 10, 1998
-
shown on the subdivision plat. The parties Involved have requested that the Board
=
vacate and release those interests in order to clear up any title defects or
encumbrances that may exist as a result.
Ms. Huffman described the various issues involved in this request. In
response to a question from Supervisor Johnson, she advised that she understood that
the closings had begun this week, but there were still some title issues to resolve.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for March 24, 1998. The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
1... Second readina of ordinance approving three residential lease
contracts on property located at Glenn-Mary and owned by the
Board of Supervisors. (Elmer Hodge. County Administrator)
0-031098-7
There was no discussion and n0 citizens to speak on this item.
Supervisor Harrison moved to adopt the ordinance. The motion carried
by the following recorded vote:
March 10; 1998 '
165
-
=
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 031098-7 AUTHORIZING AND APPROVING THREE
RESIDENTIAL LEASES ON THE GLENN-MARY FARM PROPERTY
OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the acquisition of the Glenn-Mary Farm property, containing
457.60 acres, and being designated on the Roanoke County Land Records as Tax Map
No. 54.00-1-2, by the Board of Supervisors of Roanoke County for economic
development purposes was finalized on November 10,1997; and,
WHEREAS, the property includes three residential structures which were
rented by the previous owner to the current tenants, namely Joe and Pam Miller at
5365 Glenmary Drive, Josephine Cox at 5393 Glenmary Drive, and Matthew and
Danielle Stanley at 4958 Glenvar Heights Boulevard, each of whom have continued
their tenancy with the County; and,
WHEREAS, it would serve the public interest for the County to have the
residences occupied and maintained until such time as all or portions of the property
may be needed for economic development purposes; and,
WHEREAS, on December 2, 1997, the Board authorized creation of a
self balancing account entitled Glenn Mary Capital Account for acceptance of rent
payments and expenditure of the funds on maintenance of the property; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that
the acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on February
24, 1998; and the second reading was held on March 10, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute a lease agreement with Joe and Pam Miller for the
residence having the address of 5365 Glenmary Drive, from March 15, 1998, to
September 14, 1998, and automatically renewable for six-month periods thereafter, for
a monthly rental of $550.00 to be paid into the Glenn Mary Capital Account.
2. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute a lease agreement with Josephine Cox for the
residence having the address of 5393 Glenmary Drive, from March 15, 1998, to
September 14, 1998, and automatically renewable for six-month periods thereafter, for
a monthly rental of $125.00 to be paid into the Glenn Mary Capital Account.
3. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute a lease agreement with Matthew and Danielle Stanley
166
March 10, 1998
'=
'=
for the residence having the address of 4958 Glenvar Heights Boulevard, from March
15, 1998, to September 14, 1998, and automatically renewable for six-month periods
thereafter, for a monthly rental of $450.00 to be paid into the Glenn Mary Capital
Account.
4. That, after September 14, 1998, each of said residential leases
shall be subject to termination at any time by either the County or the tenant upon
providing the other party with 120 days' written notice.
5. That the County Administrator or an Assistant County Administrator
is authorized to execute said lease agreements on behalf of the Board of Supervisors
of the County of Roanoke and to execute such other documents and take such further
actions as are necessary to accomplish these transactions, all of which shall be upon
form and subject to the conditions approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of 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
2. Second readinQ of ordinance approvina one farm lease
contract at the Glenn-Mary site and owned by the Board of
Supervisors. (Elmer HodQe. County Administrator)
0-031098-8
There was no discussion and no citizens to speak on this item.
Supervisor Harrison moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Staff was directed to tighten up the lease.
-
March 10, 1998
167
-
ORDINANCE 031098-8 AUTHORIZING AND APPROVING A FARM
LEASE ON THE GLENN-MARY FARM PROPERTY OWNED BY THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the acquisition of the Glenn-Mary Farm property, containing
457.60 acres, and being designated on the Roanoke County Land Records as Tax Map
No. 54.00-1-2, by the Board of Supervisors of Roanoke County for economic
development purposes was finalized on November 10, 1997; and,
WHEREAS, the property contains approximately 200 acres of land which
is usable for hay and pasture, and in response to a Request for Proposal, the County
staff has recommended leasing said property to A.M. Maxey and Keith Roberts; and,
WHEREAS, it would serve the public interest for the County to have the
property occupied and maintained until such time as all or portions thereof may be
needed for economic development purposes; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that
the acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on February
24, 1998; and the second reading was held on March 10, 1998.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute a lease agreement with A.M. Maxey and Keith Roberts
for the farm land at the Glenn-Mary Site, from March 15, 1998, to March 14, 1999, and
automatically renewable annually thereafter, for pasturing cattle and/or horses and for
harvesting hay, with rental to be the payment of all costs associated with repairs and
maintenance of the property including fencing, fertilization of fields based upon soil
testing, mowing and bushhogging, upkeep to the farm buildings on site, construction of
cross-fencing as needed for phases of development, and regular visits to the property.
2. That said farm lease shall be subject to partial termination at any
time by the County upon providing forty-five (45) days' written notice to the lessee, and
shall be subject to final termination at any time by either the County or the Lessee upon
providing the other party ninety (90) days' written notice, in order to permit the County
to proceed with the phased development of the property at such time as is feasible.
3. That the County Administrator or an Assistant County Administrator
is authorized to execute said lease agreement on behalf of the Board of Supervisors of
the County of Roanoke and to execute such other documents and take such further
actions as are necessary to accomplish these transactions, all of which shall be upon
form and subject to the conditions approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption.
168
March 10, 1998
=
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
3. Second reading of ordinance amendina Section 16-15. When
Sale Authorized of Article V. Unclaimed Personal Property of
Chapter 16. Police of the Roanoke County Code to provide for
the donation of. bicycles to charitable organizations. (Ray
Lavinder. Police Chief)
0-031098-9
There was no discussion and no citizens to speak on this item.
Supervisor McNamara moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 031098-9 AMENDING SECTION 16-15, "WHEN SALE
AUTHORIZED" OF ARTICLE V. "UNCLAIMED PERSONAL
PROPERTY" OF CHAPTER 16. "POLICE" OF THE ROANOKE
COUNTY CODE TO PROVIDE FOR THE DONATION OF BICYCLES
TO CHARITABLE ORGANIZATIONS
WHEREAS, Section 15.2-1720 of the 1950 Code of Virginia, as
amended, authorizes localities to adopt an ordinance to provide for the public sale or
donation to a charitable organization of any bicycle or moped which has been in the
possession of a police department, unclaimed, for more than 30 days; and
~
March 10, 1998
169
-
WHEREAS, the first reading of this ordinance was held on February 24,
1998; and the second reading was held on March 10, 1998.
WHEREAS, the Board of Supervisors hereby finds that the donation of
bicycles and mopeds to charitable organizations serves a valuable public interest.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County as follows:
1. That Section 16-15 of Article V of Chapter 16 of the Roanoke
County Code is hereby amended as follows:
Sec. 16-15. When sale .__ authorized.
(a) Any unclaimed personal property which has been in the
possession of the police department and is unclaimed for a period of more than sixty
(60) days may be disposed of by the chief of police by public sale, subject to the
provisions of this article.
~~. !~~~~. .~;$:øs~·~lg~al~·
\R4i mJ.t~t.., c. .:!.!lW,g"'''mu
líiJf._fi(_i_fi.:'{···{~
.@I.tI~mªgI.JiL, ^
2. That this ordinance shall be effective from and after the date of its
·:R....!'I
¡"*'Y..re.ø1;.~lfm~\jØØ
w. . .... ~~:JM:~v.v"":~-;';';'m....:;l:;d:......,..~>e.J¡~.....-;.Uo"
adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARING
1... Public Hearing and adoption of resolution concerning
acauisition by condemnation or other means of a permanent
easement and temporary construction easement for the
Carson Road Sewer Proiect on property owned by John A.
Parks and Lena Ruth Parks and Christopher L. Tidman and
Kaethe W. Tidman. (William Hopkins. Counsel)
R-031 098-1 0
/
170
March 10, 1998
Mr. Hopkins advised that the subject property is needed for the Carson
Road Sewer Project in order to construct a sanitary sewer system in the County.
A written offer of $1,076.00 which was based on an independent
appraisal by Earl G. Robertson was extended to Lena Parks. Ms. Parks rejected the
offer. A written offer of $339.00 which was based on an independent appraisal by Earl
G. Robertson was presented to Christopher and Kaethe Tidman. The Tidmans
rejected the offer. Therefore, it is necessary to go forward with eminent domain
proceedings and to gain immediate right of entry.
Christopher Tidman was present and advised that he was opposed to
this from the beginning, and that the County came on his land without his permission
and tore down bushes. Utility Director Gary Robertson responded that Jack Zambaco
from the County staff contacted them. The County also sent a letter to the Tidmans and
never received a response so they specifically told the surveyors not to go on their
property.
Ruth Parks also spoke and asked why the County could not go the same
way they went before when she would not let them on their property. Mr. Roberts
advised that this time there were no alternatives.
Supervisor Nickens moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
March 10, 1998
171
-
RESOLUTION 031098-10 PURSUANT TO SECTION 15.2-1905(E) OF
THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE
ACQUISITION OF EASEMENTS THROUGH TWO PARCELS OF LAND
OWNED BY LENA RUTH PARKS, AND CHRISTOPHER L. TIDMAN
AND KAETHE W. TIDMAN FOR THE CARSON RD. SEWER PROJECT
Following a public hearing of the Board of Supervisors of Roanoke
County of Tuesday, March 10, 1998, at 3:00 p.m., after due notice to the public, this
Board makes the following findings of fact and adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the Carson Rd. Sewer Project has been approved to build
sanitary sewer lines for the citizens of Roanoke County.
2. That the project is necessary for the general health, safety and
welfare of the citizens of Roanoke County.
3. That acquisition of an interest in two parcels of land, described
below, is necessary for construction of sanitary sewer lines in Roanoke County.
4. In order to complete this Project, the County needs to acquire an
interest in the properties described below:
(a) OWNER: Lena Ruth Parks
PROPERTY DESCRIPTION: Parcel of land located at 2945
Ruritan Rd., Roanoke, Virginia 24012 (Roanoke County Tax Map
No. 40.17-2-7)
(b) OWNER: Christopher L. Tidman and Kaethe W. Tidman
PROPERTY DESCRIPTION: Parcel of land located at 2825 East
Ruritan Rd., Roanoke, Virginia 24012 (Roanoke County Tax Map
No. 40.17-02-07.1)
See attached plats identified as "EXHIBIT A" and "EXHIBIT B" showing
easements to be acquired from Lena Ruth Parks, and Christopher L. and Kaethe W.
Tidman, respectively.
5. That the fair market value of the interest in the properties to be
taken and damages to the residue of such properties, if any, is as follows:
PROPERTY OWNER FAIR MARKET VALUE
AND DAMAGES IF ANY
Lena Ruth Parks
$1,076.00
/
172
March 10, 1998
,
Christopher L. Tidman
and Kaethe W. Tidman
$339.00
6. That each of the landowners has been offered the amount listed in
paragraph 5 above for an interest in their property and that each offer was refused by
the landowners. Therefore, the only feasible way of acquiring the land described
above is by condemnation.
7. That it is necessary for the County to immediately enter upon and
take possession of the properties described above and commence construction of such
sanitary sewer lines and any other appurtenances to such system in order to more
adequately serve the needs of the citizens of Roanoke County and to institute and
conduct appropriate condemnation proceedings as to the above-described property as
provided by law and by this resolution the County hereby states its intent to do so.
8. That pursuant to the provisions of Section 15.2-1905(E) of the
Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested
with those powers granted the Commonwealth Transportation Commissioner pursuant
to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the
property to be condemned prior to or during the condemnation proceeding for the
construction of sanitary sewer lines and any other appurtenances to such system as
described above.
9. That the Roanoke County Board of Supervisors hereby condemn
the interest in the properties shown on the Exhibits attached hereto and made a part of
this resolution and authorize the County Administrator and the County Attorney to sign
all papers and documents necessary to this end on behalf of the County.
10. That the Roanoke County Board of Supervisors shall in
accordance with Section 15.2-1905(E) of the 1950 Code of Virginia, as amended, be
vested with those powers granted to the Commonwealth Transportation Commissioner
pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon
and take the condemned property prior to or during the condemnation proceeding so
that the construction and maintenance of the sanitary sewer lines as described above
may be commenced immediately. The Board of Supervisors shall perform the duties
and functions required of the Commonwealth Transportation Commissioner in such
statutes.
11. That notice of this condemnation setting forth the compensation
offered shall be sent by certified mail to the landowners as described above on or
before March 20, 1998.
12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the
duly authorized agent and attorney for the County for the purpose of instituting
condemnation proceedings and the handling of the acquisition of these properties for
the County.
On motion of Supervisor Nickens to adopt the resolution, and carried by
the following recorded vote:
March 10, 1998
173
=
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
IN RE:
APPOINTMENTS
1... Roanoke Valley Greenway Commission
Supervisor Harrison appointed Richard Kelly to serve another term. The
three-year term will expire April 8, 2001.
IN RE:
CONSENT AGENDA
R-031098-11. R-031098-11.b. R-031098-11.c
Supervisor Minnix moved to adopt the Consent Resolution with item 9
added. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 031098-11 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT
AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. that the certain section of the agenda of the Board of Supervisors for
March 10, 1998, designated as Item J - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
I
174
March 10, 1998
I
1. Approval of minutes - January 13,1998, January 27,1998,
February 2, 1998.
2. Confirmation of appointments to the Grievance Panel, the Library
Board and the Social Services Advisory Board.
.......
3. Acceptance of Deer Ridge Lane into the Virginia Department of
Transportation Secondary System.
4. Resolution repealing or amending policies previously adopted by
the Board of Supervisors within the General Administration and
providing for the creation of a Policy Manual.
5. Request from Schools to appropriate Goals 2000 Educate America
Grant to purchase Windows 95 computers for secondary schools.
6. Request from Schools to appropriate Goals 2000 Educate
American Grant for teacher technology training.
7. Request from Schools to accept and appropriate $1,000 for school
remediation program.
8. Acceptance of sanitary sewer facilities serving Farmington Place
Subdivision.
9. Acceptance of donation of a drainage easement from Anthony and
Jennifer Forbes in connection with improvements to Wakefield
Road and related drainage improvements.
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 Minnix to adopt the Consent Resolution with
Item 9 added, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
March 10, 1998
175
RESOLUTION 031098-11.b REQUESTING ACCEPTANCE OF DEER
RIDGE LANE 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
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 Minnix
None Required
Supervisors McNamara. Minnix. Harrison. Nickens. Johnson
None
RESOLUTION 031098-11.c RESCINDING, REPEALING, OR
AMENDING CERTAIN POLICIES PREVIOUSLY ADOPTED BY THE
BOARD OF SUPERVISORS WITHIN THE GENERAL
ADMINISTRATION, AND TO PROVIDE FOR A POLICY MANUAL TO
GUIDE THE ADMINISTRATION OF COUNTY GOVERNMENT
WHEREAS, the Board of Supervisors of Roanoke County hereby
establishes a Policy Manual to provide an organized, systematic approach to the
handling of routine matters by this government organization, and a dependable source
of reference for all County departments and the Board; and,
WHEREAS, this Policy Manual is based upon actions taken and
measures adopted by the various boards of supervisors of Roanoke County over the
past 20 years; and,
176
March 10, 1998
;=
WHEREAS, in reviewing these actions of the boards of supervisors of
Roanoke County over the past 20 years, certain actions should be repealed, rescinded,
modified or amended; and,
WHEREAS, this Resolution addresses those actions pertaining to the
General Administration.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That there is hereby established a Policy Manual for Roanoke
County government.
2. That Action A-7-22-86-164 B adopted on July 22, 1986 regarding
the procedure for processing bingo/raffle permit applications is hereby repealed.
These functions have been removed from the authority of local governments and taken
over by the Commonwealth of Virginia.
3. That Resolution 85-86.B adopted on May 28, 1985 establishing
fees for the sale of the Roanoke County Code and the Roanoke County Zoning
Ordinance is hereby amended to provided that the County Administrator is authorized
to sell to the public copies of the County Code or the Roanoke County Zoning
Ordinance at a price to reflect the actual cost to the County
4. That this Resolution shall take effect immediately upon its
adoption.
On motion of Supervisor Minnix to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens: He advised that he read where Delegate Jackson
worked out a funding program for the school construction projects. He asked Diane
Hyatt to follow up and to assure that any additional funding will go toward the $120
million school projects.
Supervisor Johnson: He asked Mr. Mahoney if he had reviewed what
the proposed school construction legislation included. Mr. Mahoney responded that
the information was not yet on their web site.
~
March 10, 1998
177
=
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following reports after
discussion of Item 6 under New Business. The motion carried by a unanimous voice
vote.
1... General Fund Unappropriated Balance
Z. CaDital Fund Unappropriated Balance
3. Board Contingency Fund
4. Proclamations signed by the Chairman
~ ReDort on Value Engineering for Bonsack Elementary School
6. Report on appointments to the Roanoke Vallev Resource
Authoritv.
This item was discussed and voted on under New Business.
INRE:
BRIEFINGS
1... 1997 Report of Economic Development Activity from the
Economic Development Partnership. (Beth Doughty. Executive
Director)
Ms. Doughty advised that in 1997, they received 765 inquiries and 42
prospects visited the Roanoke Valley, an increase of 28%. Two-thirds of these visits
'.
were generated by the Economic Development Partnership. She explained that 17 of
the 42 prospects considered locating in Roanoke County. She reported there were 60
expansions resulting in 16,000 new jobs and a $224 million payroll. Ms. Doughty also
178
March 10, 1998
;=
informed the Board that this was the 15th anniversary of the Economic Development
Partnership.
INRE:
EXECUTIVE SESSION
At 4:50 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A. (5) discussion of prospective
business or industry. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
INRE:
CERTIFICATION RESOLUTION
R-031098-12
At 5:18 p.m., Supervisor Johnson moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 031098-12 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote
and in accordance with the provisions of The Virginia Freedom of Information Act; and
~
March 10, 1998
179
=
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 Johnson to adopt the Certification Resolution,
and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
WORK SESSIONS
1.. Consideration of a program for emergency medical
dispatchinQ.
Chief Rick Burch gave an overhead presentation, advising that
Emergency Medical Dispatchers (EMDs) would give basic emergency medical care
instruction for 911 calls that are received. EMDs would have to take specialized
training, and if they were not trained, could not give any medical guidance. He
highlighted the benefits of using trained Emergency Medical Dispatchers but advised
that there would be increased stress levels for the EMDs. Costs associated for
personnel, training and supplies is $194,405.00 and the funds could be appropriated
from the General Fund or from a $.40 increase in the 911 tax. The current tax is $1.06.
180
March 10, 1998
=
2. 1-81 Widening
The work session was presented by Arnold Covey, Director of
Engineering & Inspections, and Jeff Echols, Resident Engineer, Virginia Department of
Transportation. Other representatives from VDOT was also present to answer
questions.
Mr. Covey advised that there were currently two proposals and they will
have to look at the impact, interchanges, stormwater management, and utility
crossings. County staff is encouraging a cloverleaf interchange, but that will be based
on traffic projections. The total projected cost is $5 million per mile. Mr. Echols
advised that VDOT will do noise studies. Mr. Covey explained that VDOT will have to
meet the Clean Water Act and stormwater management regulations, and that County
staff will look at opportunities to expand utilities while the project is being built.
Mr. Covey advised that they will bring back a list of proposals for the
Board's consideration.
~ Budaet Work Session
a. Capital Maintenance Program. County Fleet Report
b.. CIP Document distribution/discussion
.!<.. Departmental funding reauests
Mr. Robertson presented a report on personal property revenue broken
down by business vehicles, non-business vehicles, other personal property and
-.
March 10, 1998
18J
=
machinery and tools. He also presented a list of all capital maintenance projects with
a prioritization of the top ten. He advised that there was about $170,000 budgeted for
capital maintenance projects. He also highlighted the top ten additional funding
requests from the following budget teams: Public Safety, Community Services, Human
Services, Internal Services and Operations, and Judicial and State Services.
Mr. Robertson presented vehicle information including the 1998 vehicle
inventory, a list of vehicles that currently meet the criteria for replacement, and a list
that will meet the criteria in the next twelve months.
4. Update on the Sanitary Sewer Evaluation and Rehabilitation
(SSElR) ProQram
Utility Director Gary Robertson offered an overhead presentation of the
SSE/R Program. It included a history of the program, a list of the SSER sewer sheds
and where they are located. They are Mudlick Creek - Oak Grove area, Back Creek -
Penn Forest area, West County - Glenvar East and Glenvar High School area, Peters
Creek - Montclair and North Lakes areas, Murray Run - Green Valley area and Carvins
Creek - Brookside area. He presented an overview of the progress made in each
sewer shed. He advised that options for Board consideration are: (1) continue to
identify and eliminate Inflow and Infiltration sources; (2) replacemen~ of existing lines
and/or construction of relief sewers and pump stations with force mains; (3) installation
of backflow/check values; (4) installation of manual shut-off values; and (5) sewer back-
182
March 10, 1998
¡--
ups are property owner's responsibility. Mr. Robertson was directed to develop a
program that included all these options, depending on the situation, and bring it back
to the Board.
INRE:
ADJOURNMENT
At 7:45 p.m., Chairman Johnson adjourned the meeting.
Submitted by,
Approved by,
/>'lcL"¿'l /tI. a~ ú,/c-
Mary H. Allen, CMC
Clerk to the Board