12/1/1998 - Regular
December 1,1998
781
-
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 1, 1998
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the first Tuesday, and the first regularly
scheduled meeting of the month of December, 1998.
NRE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy"
Minnix
MEMBERS ABSENT: Supervisor Joseph McNamara
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; 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.
782
December 1, 1998
-
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Nickens added executive session items pursuant to the Code of
Virginia Section 2.1-344 A (3) discussion concerning acquisition or use of real property;
and (7) consultation with legal counsel pertaining to actual or probable litigation with the
Coca Cola Company.
Supervisor Nickens added a request for a work session on the Board's
organizational rules and procedures.
INRE:
INRE:
NEW BUSINESS
~ Resolution of SUDDort for full fundina of HB 599 funds for Police
Departments. (Ray Lavinder. Police Chief)
R-120198-1
Chief Lavinder advised that under the current level of funding, Roanoke
County receives $596,308 annually. Under full funding, that amount would be $1,398,465,
an increase of $802,157. He asked for support of the resolution. HB599 funding was
enacted by the General Assembly in 1979 to provide funds for localities with police
departments.
Supervisor Johnson pointed out that full funding would only bring our funding
level to where it should have been.
Supervisor Nickens moved to adopt the resolution. The motion carried by
the following recorded vote:
December 1,1998
783
AYES:
Supervisors Harrison, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor McNamara
RESOLUTION 120198-1 SUPPORTING FULL FUNDING OF HB 599 FOR
LOCAL POLICE DEPARTMENTS
WHEREAS, the General Assembly passed HB 599 in 1979 as part of a
legislative package intended to direct additional state financial assistance to cities in
exchange for the loss of authority to annex land in surrounding counties; and
WHEREAS, one type of state financial assistance included in HB 599 was
payment to cities, towns and counties with police departments, which was intended to
compensate for the disparity between state funding for local police departments and
sheriffs' offices; and
WHEREAS, the Virginia Code directs the Governor and the General
Assembly to increase the total amount of HB 599 funds to be distributed each year by the
anticipated percentage change in state general fund revenues; and
WHEREAS, funding for HB 599 was reduced from $80.5 million to less than
$67 million in fiscal year 1992, and has remain frozen at that level since 1992; and
WHEREAS, based on annual general fund growth rates, the total amount of
HB 599 funding would have increased to $151 million by fiscal year 1999 if the state had
funded this program in accordance with state law; and
WHEREAS, if the state had funded this program in accordance with state
law, the County of Roanoke would currently be receiving $1,398,465 per year from the
state instead of $596,308, which it is currently receiving; and
WHEREAS, by fiscal year 2000 the total amount of funding that the state
would have distributed to localities since the HB 599 program's inception if the law had
been observed will be $610 million; and
WHEREAS, the Commonwealth benefits when the relationship between the
state and its local governments is based on mutual trust and support;
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, that the Governor and General Assembly should develop a
plan to fully fund HB 599 by the year 2000, and that the amendments to the 1998-2000
budget enacted during the 1999 General Assembly should include a substantial increase
in this program beginning in fiscal year 1999.
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia opposes any legislation that would remove restrictions on annexation if
HB 599 is not fully funded.
BE IT FURTHER RESOLVED, that the Clerk to the Board of Supervisors is
directed to forward copies of this resolution to Governor Jim Gilmore, the chairs of the
Senate Finance Committee and House Appropriations Committee, the chairs of the public
784
December 1,1998
-
safety subcommittees, the Roanoke Valley üeneral Assembly delegation ana jetty Long,
VML.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
2.. Request to accept $28.380 in grant funds from the DeDartment of
Criminal Justice Services to enhance drug enforcement in
County high schools. fRay Lavinder. Police Chief)
A-120198-2
Chief Lavinder advised that this grant provides funds for overtime pay to
allow officers to work past their regular hours to conduct criminal investigations involving
the sale of controlled substances by or to persons within the high school and middle
school age group as well as directed patrols which target drug activity.
There was no discussion and Supervisor Nickens moved to approve the
grant. The motion carried by the following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
.3... Request for reimbursement to Economic Development
Department for expenses in the acquisition of Westmoreland
Avenue properties. (Tim Gubala. Economic Development
December 1, 1998
785
Director)
A-120198-3
Mr. Gubala reported that Roanoke County acquired property on
Westmoreland Avenue so that access might be provided to the Home Depot project or
other development that might take place in the area. The total closing costs for the two
properties reduced the unappropriated balance in the Public Private Partnership Fund to
$54,400.95. Mr. Gubala requested that the Board appropriate $285,743.99 from the Dixie
Caverns Landfill Account to the Public Private Partnership Fund.
Supervisor Nickens asked why it was necessary to reimburse these funds
now and Mr. Hodge responded that there were several prospects that may need the funds.
Supervisor Minnix moved to approve $285,743.99 reimbursement from Dixie
Caverns Landfill Account to the Public Private Partnership Fund. The motion carried by
the following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
4. Request to advance remainder of funds for the renovation of
hiah school science labs. (Deanna Gordon. School
Superintendent)
R-120198-4
786
December 1,1998
-
In addition to this request, Dr. Gordon reported that removal of the fuel tanks
should be on scheduled and advised that a copy of the paperwork concerning the
purchase of school buses will be provided to the Board of Supervisors.
Supervisor Nickens noted that the total list of renovation and equipment
requested by the schools equals exactly the same amount as what was originally funded
in Phase I for this project including the contingency. This leaves no money for an actual
contingency situation. Dr. Gordon explained that the original list was larger but the staff
pared it down to the dollars that were available. Supervisor Nickens also expressed
concern about using bond money to purchase equipment that would only last several years
such as computers, printers and goggles. Ms. Hyatt responded that the loan could be
structured to use state money for equipment that does not have a 20 year life.
Supervisor Minnix moved to approve funding of $316,040. The motion
carried by the following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 120198-4 TO ADVANCE FUNDS FOR CERTAIN
EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH
THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPPING
OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County Board") adopted a resolution on August 19, 1997 declaring its intention to
reimburse itself from the proceeds of one or more tax-exempt financings for certain
expenditures made and/or to be made in connection with the acquisition, renovation,
construction and equipping of certain capital improvements for school projects, and
WHEREAS, the School Board (the "School Board@) of the County of
December 1,1998
787
-
Roanoke, Virginia (the "County") adopted a resolution on August 28, 1997 declaring its
intention to reimburse itself from the proceeds of one or more tax-exempt financings for
certain expenditures made and/or to be made in connection with the acquisition,
renovation, construction and equipping of certain capital improvements for school projects,
and
WHEREAS, The School Board requested an advance of $ 50,000 on
September 11, 1997 for environmental assessments, advertising costs for architects and
engineers, core drillings, and other costs related to the acquisition of land in South County,
and
WHEREAS, the County Board approved this $50,000 advance on September
23,1997,and
WHEREAS, the School Board requested an additional advance of $1,721,200 on
November 13, 1997 to hire architects to design various school projects, and
WHEREAS, the County Board approved this $1,721,200 additional advance
on November 18, 1997, and
WHEREAS, the School Board requested an additional advance of $130,000
on November 13,1997 to hire architects to begin renovations to the science labs, and
WHEREAS, the County Board approved a $104,000 additional advance on
December 16, 1997,and
WHEREAS, the School Board requested an additional advance of $200,000
to hire contractors to begin a roof replacement program, and requested the amendment
of Exhibit A of County Resolution 081997-1 to appropriately reflect the roof replacement
program included in the Blue Ribbon Commission Report, and
WHEREAS, the County Board approved this $200,000 additional advance
on April 28, 1998, and the amendment to Exhibit A of County Resolution 081997-1, and
WHEREAS, the School Board requested additional advances of $2,454,420
to begin construction at Clearbrook Elementary and $2,517,100 to begin construction at
Burlington Elementary on May 14,1998, and
WHEREAS, the School Board requested an additional advance of
$7,213,520 to begin construction at Bonsack Elementary on June 18, 1998, and
WHEREAS, the County Board approved additional advances of $2,454,420
for Clearbrook Elementary, $2,517,100 for Burlington Elementary, and $7,213,520 for
Bonsack Elementary on June 26, 1998, and
WHEREAS, the School Board requested an additional advance of
$2,170,600 to begin construction of the science labs at Cave Spring High, Northside High,
and Glenvar High on September 10,1998, and
WHEREAS, the County Board approved an advance of $1,854,560 for the
science labs at Cave Spring High, Northside High, and Glenvar High and the escrowing
of $316,040 for technology A& E and equipment on September 8,1998, and
WHEREAS, the School Board is now requesting the release of the escrowed
funds of $316,040 for the technology A&E and equipment needed for the science labs at
Cave Spring, Northside, Glenvar, and William Byrd High Schools,
NOW THEREFORE BE IT RESOLVED that the County Böard will advance
788
December 1, 1998
-
the additional sum of $316,040 to the School Board for the technology A&E and equipment
needed for the high school science labs.
On motion of Supervisor Minnix to approve funding of $316,040 and adopt
the resolution, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
.§.. Resolution adopting a Legislative Proaram for the 1999 Session
of the General Assemblv. (Paul Mahoney. County Attorney)
R-120198-5
Mr. Mahoney explained that this resolution is based upon previous legislative
programs that were adopted by the Board and a resolution recommending proposals to the
Virginia Association of Counties for their legislative program. He added a request to
impose an additional charge of $2.00 per month per telephone line to fund rescue calls as
suggested by the volunteer rescue chiefs.
Mr. Mahoney also advised that he will invite the area legislators to the
organizational meeting with the Board on January 4,1999 at 4:30 p.m.
Supervisor Nickens offered several amendments to the resolution and
moved to adopt the resolution with his amendments. The motion carried by the following
recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
-
December 1,1998
789
RESOLUTION 120198-5 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 1999 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER
THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
identified major legislative issues of state-wide concern to be considered by the 1999
session of the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for
the 1999 session of the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 1999 session of the Virginia General Assembly for its favorable
consideration and adoption.
I.
A. Education. Realizing that public education is the foundation of
American democracy and the cornerstone of our future economic well being, the County
urges the General Assembly to consider favorably the following actions.
1) The General Assembly should enhance funding for public
education, including increasing the funds available to the Literary Fund for local school
capital construction or renovation projects. The General Assembly should increase funding
for capital construction and renovation projects based upon the locality's local effort in
support of these capital projects.
2) Local school divisions should be authorized to establish
opening dates for school.
3) Disparity funding should be based not only upon the number
of students eligible for free or reduced fee lunches, but also upon the locality's local tax
effort in support of education. Disparity funding should be based upon the composite
index (which measures a locality's relative fiscal ability to provide its share of the cost of
a local school system that meets the standards of quality) and the locality's local effort in
support of that school system.
4) Roanoke County supports State funding at a level requested
by the Higher Education Center Authority in order to complete the project located in the
City of Roanoke.
5) Roanoke County supports second year funding in the biennial
budget for the College of Health Sciences located in the City of Roanoke.
B. Transportation and Highway Safety.
1) Roanoke County supports additional new construction and
maintenance funding for the Virginia Department of Transportation for secondary and
primary roads. Additional funding for new construction projects will address critical
transportation needs of all local governments. Additional maintenance funding shall be
used for an expanded program to mow grass and weeds, and inspect and clean drainage
79-0
December 1, 1998
-
pipes and culverts.
2) Roanoke County is in support of Roanoke City's support of
expanding local authority to create transportation districts, to impose local option motor
vehicle fuels taxes, and to expend these tax proceeds for local transportation
improvements.
C. Public Safety.
1 ) Roanoke County supports legislation appropriating funds and
directing the State Compensation Board to modify staffing standards for local jails and
court services positions for Sheriff's offices.
2) Roanoke County requests that Section 46.2-1001 be amended
to add Roanoke County to the list of jurisdictions whose law-enforcement officers are
authorized to perform vehicle safety inspections.
3) Roanoke County supports increasing the "Two-for-Life" funding
for the benefit of rescue squads and the emergency medical services system to a "$4-for-
Life" Program.
4) Amend sec. 56-414 to allow counties to regulate the sounding
of train whistles at railroad crossings.
5) Amend Sec. 15.2-901 (weeds and trash) and 15.2-904
(inoperable motor vehicles) to allow enforcement through the use of civil penalties, as
authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of
erosion and sediment control ordinances under Sec. 10.1-562.J.
D. Environment.
1 ) Roanoke County supports amending Chapter 6.1, "Virginia Tire
Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct
and authorize the Department of Waste Management to utilize the increased Waste Tire
Trust Fund to remediate illegal or abandoned waste tire dumps.
2) Roanoke County supports allowing the disposal of land clearing
vegetative debris (including tree stumps) in less expensive facilities in a manner not
detrimental to the environment.
3) Roanoke County opposes legislation that would assess a fee
on each ton of solid waste deposited in or with the Roanoke Valley Resource Authority.
E. Local Taxation and Funding.
1 ) Roanoke County vigorously opposes any attempt to restrict or
eliminate local sources of taxation, including personal property taxation and business and
professional occupational licensing, unless local governments are guaranteed the
opportunity to replace lost sources of local revenue with comparable, equivalent,
independent sources of revenue to allow localities to fulfill their public service obligations.
2) Roanoke County supports continued and increased funding for
the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the
Family Preservation Act, local police departments (HB 599 funding), and the Regional
Competitiveness Act.
3) Roanoke County supports increasing state aid for public
-
December 1, 1998
7-91-
libraries by $1.4 Million FY 2000; that the Commonwealth fully fund state aid by FY 2001;
that sales tax exemptions be provided for organizations that support public libraries; and
that the Commonwealth adopt and fund a statewide technology plan and Internet access
for public libraries. The objective of such a plan will be to provide public libraries with the
technological support for public, universal access to networked information.
4) Roanoke County supports authority to impose an additional
one-half percent (%%) local option sales tax.
5) Roanoke County supports authority to impose an additional
charge of $2.00 per month per telephone line to fund rescue calls.
6) Roanoke County supports legislation amending Section 14.1-
46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors
from $1,800 to $2,500 per year.
7) Roanoke County supports an amendment to Sec. 36-49.1 :1.F
to allow all counties to impose liens for the recovery of the costs for spot blight removal in
the manner currently allowed the urban county executive form of government.
II.
That the Clerk to the Board of Supervisors is directed to send a certified copy
of this resolution to Senator John S. Edwards, Senator Malfourd W. ·Bo· Trumbo, Delegate
H. Morgan Griffith, Delegate Clifton "Chip· Woodrum, Delegate C. Richard Cranwell,
Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke
City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City
Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth
Planning District Commission, and the Virginia Association of Counties.
On motion of Supervisor Nickens to adopt the resolution with his
amendments, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
FIRST READING OF ORDINANCES
~ First readina of ordinance authorizin9 apDroval of a settlement
agreement with Nyna S. Murrav and acquisition of a 20 foot
drainage easement with access and temDOral)' construction
easements. across property owned bv Nvna S. Murray on
Shadwell Drive in the Hollins Magisterial District. to provide for
792
December 1,1998
-
adequate drainaae from Belle Grove Subdivision. (Vickie L.
Huffman. Assistant County Attorney)
Ms. Huffman reported that this is the first reading of an ordinance to
authorize approval of a settlement agreement with Nyna S. Murray in lieu of eminent
domain proceedings and to authorize purchase of a 20' drainage easement, a permanent
access easement, and a temporary construction easement, across the Murray property for
the sum of $7,000.00. The settlement and acquisition are in connection with a project to
correct existing conditions on the Murray property by repairing a sink hole and by
construction of a conduit system for the transmission of drainage from the stormwater
detention facility in the adjoining Belle Grove Subdivision to the existing drainage
easement along Shadwell Drive. Ms. Huffman explained that as a result of the conditions
on Ms. Murray's property, the County contracted Lumsden Associates to study the
conditions, feasibility, geotechnical evaluation, costs, and impact in connection with the
proposed drainage outfall project. The engineer has recommended installation of a
conduit system from the outfall of the stormwater detention pond in Belle Grove
Subdivision, along the property line of Michael and Joy Ann Murray, to the existing
drainage easement along Shadwell Drive. County engineering staff approved and
concurred in the recommendation. On June 23, 1998, the Board authorized
commencement of eminent domain proceedings when the offer of $2,873.00, based upon
an independent MAl. appraisal of the fair market value of the easement, had not been
accepted.
Staff has continued to negotiate with Ms. Murray for a favorable settlement.
Additional survey work was conducted to relocate a portion of the proposed drainage
December 1,1998
793
-
easement to further accommodate Ms. Murray's concerns. She has now executed a
settlement agreement with the County and a deed of easement, pending Board approval,
to convey the required drainage easement, with access and temporary construction
easements, for $7,000.00. The agreement provides that the County will make repairs to
the existing sink hole. The agreement further provides that any disturbed areas of ground
will be graded, seeded and strawed, and any trees that must be removed will be
transplanted or replaced. The County does not assume or admit liability or responsibility
for any present or future conditions on the Murray property. Ms. Murray releases the
County from any obligations, claims or demands on account of the sink hole and the
existing damage to the land surface, taking of the land, or damage to residue, but does not
release any party from any other possible claims.
Ms. Huffman advised that following the Board's previous action to authorize
the condemnation and immediate right-of-entry upon the property, Ms. Murray filed a
petition with the Circuit Court for a determination of the necessity of immediate right-of--
entry. The proposed settlement agreement would render this petition moot and the parties
have agreed to dismissthe pending action. Furthermore, the settlement would permit
construction on the project to proceed as soon as feasible and avoid further delays due
to litigation.
The $7,000.00 for the easement acquisition, and the additional sums
required for the construction of the project and associated costs, will be paid from the
$45,000 previously appropriated by the Board on June 23, to the Belle GrovelMurray
account in the Capital Fund
794
December 1,1998
~
Supervisor Nickens advised that he was inclined to wait and let the judge
resolve the issues in Circuit Court. He pointed out that the cost of the easement has gone
from $1 ,100 to $2,873 to $5,000 to $7,000. Mr. Mahoney advised that there are two law
suits pending and litigation would be more expensive. Supervisor Nickens explained he
would like the Court to rule on whether $5,000 was a fair price, but Mr. Mahoney
responded that the key issue is also the public necessity of the taking of the land
Supervisor Johnson moved to approve the first reading and set the second
reading for December 15, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Johnson
NAYS: Supervisor Nickens
ABSENT: Supervisor McNamara
INRE:
SECOND READING OF ORDINANCES
1... Second reading of ordinance authorizing the release and
reconveyance of sanitary sewer easements to Helen Cox
Richards. (Gary Robertson. Utility Director)
0-120198-6
There was no discussion and no citizens to speak on this ordinance.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
December 1,1998
795
ORDINANCE 120198-6 AUTHORIZING THE RELEASE AND
RECONVEYANCE OF SANITARY SEWER EASEMENTS TO HELEN
COX RICHARDS
WHEREAS, Section 18.04 of the Roanoke County Charter provides that the
conveyance of any interests in real estate of the County be accomplished by ordinance;
and
WHEREAS, the first reading of this ordinance was held on November 17,
1998, and the second reading of this ordinance was held on December 1, 1998; and
WHEREAS, certain utility easements were previously conveyed to the
County by this property owner. These easements were subsequently relocated due to the
realignment of the sewer line. New easements were conveyed to the County, and said
owner has requested that the County release and reconvey the original easements back
to her; and
WHEREAS, the acquisition of these easements was authorized by Ordinance
82493-9; and
WHEREAS, the County having paid a fair market value for these easements,
no further payment of consideration is necessary for these transactions; and
WHEREAS, in accordance with the provisions of Section 16.01 of the
Roanoke County Charter, these easements are hereby declared to be surplus, and are no
longer necessary for any other public purposes, and are made available for release and
reconveyance back to the original grantors.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the release and reconveyance of the following utility easements
to the hereinafter-named party is hereby authorized and approved:
64.02-2-7 and
64.02-2-8
Helen Cox Richards
DB1475 PG1296
64.02-2-9
Helen Cox Richards
DB1475 PG1302
64.02-2-10
Helen Cox Richards
DB1475 PG1308
2. That the County Administrator is hereby authorized to take such
actions and execute such documents as may be required to accomplish the purposes of
this transaction, all upon form approved by the County Attorney.
3. That this ordinance shall take effect from and after the date of its
adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
796
December 1,1998
~
b. Second reading of ordinance authorizina the acquisition of a 0.7
acre Darcel of land from Eloise P. Clements and Charles
Clements for the Roanoke County Public Library. (Spencer
Watts. Librarv Director)
0-120198-7
There was no discussion and no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 120198-7 AUTHORIZING ACQUISITION OF .7-ACRE
PARCEL OF LAND ADJOINING THE HEADQUARTERS LIBRARY ON
ROUTE 419 FROM ELOISE P. CLEMENTS AND CHARLES CLEMENTS
FOR FUTURE IMPROVEMENTS AND EXPANSION
WHEREAS, in order to provide additional land for future improvements and
expansion at the site of the headquarters library on Route 419, the County requires a
certain parcel of land, consisting of .7 acre in the Windsor Hills Magisterial District of the
County of Roanoke, Virginia, owned by Eloise P. Clements and Charles Clements, her
husband; and
WHEREAS, staff has negotiated the purchase of said property from the
Clements' for the sum of $88,000.00, being the estimated fair market value based upon
an independent MAL appraisal, the Clements' 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 November 17, 1998; and the second reading was held on December 1, 1998.
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
Eloise P. Clements and Charles Clements, her husband, a .7 -acre parcel of land, identified
as Tax Map No. 76.16-2-6, together with all rights incident thereto and appurtenances
thereunto belonging, for an amount not to exceed $88,000.00.
December 1, 1998
797
-
2. That the purchase price, and estimated closing costs of $3,550.00,
shall be paid out of the Unappropriated Fund Balance in the Capital Fund.
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
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 Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
3. Second readina of ordinance authorizing the acquisition of a
permanent drainage easement from David D. and Carol B.
Graybeal for the Wakefield Avenue Drainaae ImDrovement
Proiect in the Cave Spring Magisterial District. (Arnold Covev.
Community Development Director)
0-120198-8
There was no discussion and no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 120198-8 FOR AUTHORIZATION TO ACQUIRE A 15'
DRAINAGE EASEMENT ACROSS PROPERTY ON BRANDYWINE
AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT OWNED BY
DAVID D. GRAYBEAL AND CAROL B. GRAYBEAL IN CONNECTION
WITH THE WAKEFIELD AVENUE ROAD AND DRAINAGE IMPROVEMENT
798
December 1, 1998
-
PROJECT
WHEREAS, a permanent fifteen-foot (15') drainage easement across a
parcel of land located on Brandywine Avenue in the Cave Spring Magisterial District of the
County of Roanoke, Virginia, owned by David D. Graybeal and Carol B. Graybeal,
husband and wife, is required in connection with the Wakefield Avenue Road and
Drainage Improvement Project; and,
WHEREAS, subject to approval by the Board of Supervisors, staff has
extended a bona fide offer to purchase the easement for the sum of $881.00, being the
estimated fair market value based upon an independent MAl. appraisal, and the property
owner has agreed to accept the offer; 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 November 17,1998; and the second reading was held on December 1,1998.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a permanent drainage easement,
fifteen feet (15') in width, together with a 10' temporary construction easement, shown and
designated as "NEW 15' STORM DRAIN EASEMENT" and "NEW 10' TEMPORARY
CONSTRUCTION EASEMENT" upon a plat entitled 'Easement Plat for County of Roanoke
Showing A New 15' Storm Drain Easement and a New 10' Temporary Construction
Easement Being Conveyed By David D. & Carol B. Graybeal', dated December 3, 1997,
made by T. P. Parker & Son, said plat being attached hereto and by reference
incorporated herein, from David D. Graybeal and Carol B. Graybeal for the sum of $881.00
is hereby authorized and approved; and
2. That the consideration of $881.00 shall be paid from the funds of the
Drainage Maintenance Program; and,
3. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute such documents and take such actions as may be necessary
to accomplish this acquisition, all of which shall be on form approved by the County
Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
4. Second reading of ordinance authorizing quitclaim and release
of a water and sanitary sewer easement within boundaries of
Scotford Court and located between Lot 47. Block 3. Section 13
December 1, 1998
799
and Lot 56. Block 1. Section 13 of Westchester of Canterburv
Park. located in the Windsor Hills Magisterial District. (Arnold
Covey. Community DeveloDment Director)
0-120198-9
There was no discussion and no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 120198-9 AUTHORIZING QUIT-CLAIM AND RELEASE OF
WATER AND SANITARY SEWER EASEMENT WITHIN THE BOUNDARIES
OF SCOTFORD COURT AND LOCATED BETWEEN LOT 47, BLOCK 3,
SECTION 13, AND LOT 56, BLOCK 1, SECTION 13, OF WESTCHESTER
OF CANTERBURY PARK IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, in order for Scotford Court to be accepted into the state
secondary road system, the Virginia Department of Transportation (VDOT) requires that
the right-of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit-claim and release of an existing water
and sanitary sewer easement, twenty-five feet (25') in width, within the boundaries of
Scotford Court and located between Lot 47, Block 3, Section 13, and Lot 56, Block 1,
Section 13, of Westchester of Canterbury Park, being a portion of the easement acquired
by deed recorded in Deed Book 1403, page 52, and shown on plat recorded in Plat Book
15, page 107, to the Commonwealth of Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to have Scotford Court
accepted into the state secondary road system and the release, subject to the issuance
of a permit and other conditions, will not interfere with other public services and is
acceptable to the Roanoke County Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
800
December 1,1998
-
ordinance. A first reading of this ordinance was held on November 17, 1998; and a
second reading was held on December 1, 1998.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are hereby made available for
other public uses by conveyance to the Commonwealth of Virginia for acceptance of
Scotford Court into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release of the water and sanitary sewer easement
within the boundaries of Scotford Court and located between Lot 47, Block 3, Section 13,
and Lot 56, Block 1, Section 13, of Westchester of Canterbury Park, to the Commonwealth
of Virginia, is hereby authorized subject to the following conditions:
a. VDOT issuance of a permit for the water and sanitary sewer
lines or facilities.
b. The facilities located within the 50-foot right-of-way, between
Lot 47, Block 3, Section 13, and Lot 56, Block 1, Section 13,
of Westchester of Canterbury Park, may continue to occupy
the street or highway in the existing condition and location.
c. The release would be for so long as the subject section of
Scotford Court is used as part of the public street or highway
system.
4. That the subject easement is not vacated hereby and shall revert to
the County in the event of abandonment of the street or highway.
5. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
5. Second readina of ordinance amending Ordinance 42793-7
adopting a fee schedule for Police Department services related
December 1,1998
801
to backÇlround investigations for concealed weaDons Dermits
and conservators of the peace. (Rav Lavinder. Police Chief)
0-120198-10
There was no discussion and no citizens to speak on this ordinance.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Harrison, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 120198·10 AMENDING ORDINANCE 42793-7 ADOPTING A
FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO
BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS
PERMITS AND CONSERVATORS OF THE PEACE
WHEREAS, Ordinance 42793-7 adopted on April 27, 1993 established a fee
schedule for certain police department services; and
WHEREAS, the Virginia General Assembly amended Sections 18.2-308 and
19.2-13 of the 1950 Code of Virginia, changing the fees that can be charged by a police
department for background investigations; and
WHEREAS, a first reading of this ordinance was held on November 17, 1998;
and the second reading and public hearing was held on December 1, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the following schedule of administrative fees is to be charged by
the Roanoke County Police Department for the services described:
Concealed weapons permit background investigation and report:
Initial applieatien and iS3uanee fer 2 years.................................... $250.00
Oiennial renf;',\al tMereafte:r............................................................. $ 25.00
mgllR[_i¡qIJ~ïI~(lñÇl.i_fi_4
.g
Conservator of the Peace appointment:
802
December 1, 1998
,=
Initial application and iS3uanet: fer 2 )ears...................................
DicFlnial fCFlW·il8l tharcafter............................................................
$250.00
$ 25.00
Ilfilt_lMltqyl![~trgqª.¡.t.j(~j;.~
~N"""N"'W".w.w.
. '''''".
". ". .""."
...,........jQQ
2. Any fees collected under this ordinance shall be deposited in an
account for the benefit of the Roanoke County Police Department personnel costs.
3. This ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
INRE:
APPOINTMENTS
~ Building Code Board of Adiustment and Appeals
Supervisor Nickens nominated Wilmore T. Leffell, building contractor, to
serve another four-year term which will expire December 31, 2002.
2. Grievance Panel
Supervisor Nickens nominated Raymond C. Denney, alternate, to serve
another three-year term which will expire October 10, 2001.
3. Librarv Board
Supervisor Minnix will contact Nancy Green to see if she is willing to serve
another term.
4. New Century Venture Center Board of Directors
Supervisors Nickens nominated Don C. Reid.
December 1,1998
803
-
~ Plannina Commission
Supervisor Nickens nominated Kyle Robinson to serve another four-year
term which will expire February 31, 2002.
IN RE:
CONSENT AGENDA
R-120198-11
Supervisor Minnix moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Harrison, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor McNamara
RESOLUTION 120198-11 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
December 1, 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 1, inclusive, as follows:
1. Confirmation of Committee Appointments to the Blue Ridge
Community Services Board, the League of Older Americans Advisory
Council, and the Roanoke Valley Resource Authority.
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.
804
December 1,1998
-
On motion of Supervisor Minnix to adopt the Consent Resolution, and carried
by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
REQUESTS FOR WORK SESSIONS
1. Requestfor Work Session on December 15. 1998 to discuss 1999
Planning Commission work program priorities.
(Terry
Harrington. Countv Planner)
It was the consensus of the Board to set a work session for December 15,
1998.
2. Request by Supervisor Nickens for a Work Session on December
15. 1998 to discuss proposed organizational rules and
procedures.
It was the consensus of the Board to set a work session for December 15,
1998.
INRE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote with Supervisor McNamara absent.
~ General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
December 1, 1998
805
3. Board Contingencv Fund
4. Future School Capital Reserve
~ Accounts Paid - September 1998
§... Accounts Paid - October 1998
1.... Statement of Revenues and Expenditures for the month ended
10/31/98.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens: (1) He announced that he had been elected as the
representative for Region 9 on the Virginia Association of Counties (VACO) Board of
Directors and encouraged the other Board members to volunteer their services. (2) He
received information at the VACo annual meeting regarding the National Association of
Counties (NACO) Office Depot office supply contract and asked Mr. Hodge to review this.
Supervisor Minnix: (1) He received a memo from Social Services Betty
McCrary regarding the new welfare programs and commended her and her department for
doing an excellent job. (2) He received a letter from the Registrar in October asking for
consideration to remove the County from the Voting Rights Act. He asked for an update.
Mr. Mahoney responded that the County is gathering data to include in a package to
assure that they have addressed all the criteria. He will bring this package back to the
Board when finalized.
806
December 1,1998
INRE:
EXECUTIVE SESSION
,-
At 4:25 p.m., Supervisor Johnson moved to go into Executive Session
following the work sessions pursuant to the Code of Virginia Section 2.1-344 A. (1) to
discuss a personnel matter, employee performance; 2.1-344 A (3) discussion on
acquisition or use of real property; 2.1-344 A (7) consultation with legal counsel pertaining
to actual or probable litigation with Coca Cola. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
INRE:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor McNamara
WORK SESSIONS
~ Presentation on the Roanoke River Greenways. (Liz Belcher.
Greenways Coordinator)
The works session was held from 4:25 p.m. to 5:05 p.m., and presented by
Liz Belcher, Greenway Commission Chair Lee Eddy, members Lucy Ellett and Charles
Blankenship, and John Schmidt, Engineering Concepts, Inc.
Mr. Schmidt reported that they have had two community work sessions for
public feedback on the proposed Greenway. He presented a Power Point overview of
where the proposed greenway corridor will be located from Green Hill Park along
December 1,1998
807
-
Apperson Drive to the Roanoke City line. Following the work session, the Board
expressed general support for the project. Supervisor Nickens reminded Ms. Belcher that
the County only committed to fund the Greenways Commission for three years.
2.. Discussion on the Community Plan (Janet Scheid. Senior
Planner)
The work session was held from 5:05 p.m. to 6:25 p.m. It was presented by
Janet Scheid with comments from the Planning Commission, Regional Homebuilders and
their consultant, and other interested organizations.
Ms. Scheid highlighted the process that the Planning staff and Planning
Commission has taken for the past two years to assure public input into the Community
Plan. She reviewed the changes to the Plan as a result of the last work session and
requests from other organizations.
Steve Strauss from the Regional Homebuilders introduced their consultant,
Bob McNamara, an urban planner who had reviewed the County's Community Plan. Mr.
McNamara explained that they felt that the Community Plan did not include hard land use
data and their primary concern was having a balance of conservation and economic
development land uses.
Following discussion with the Homebuilders, there was no decision to change
the date of the second reading of the ordinance and public hearing which is scheduled for
January 12,1999.
808
December 1,1998
-
The Homebuilders were requested to meet with Economic Development
Director Tim Gubala to discuss land for potential economic development use that is
located in the County.
INRE:
CERTIFICATION RESOLUTION
R-120198-12
At 6:40 p.m., Supervisor moved to return to open session; announced that
the Executive Session was held from 6:25 p.m. until 6:40 p.m. and moved to adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor McNamara
RESOLUTION 120198-12 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
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 member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to 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.
December 1, 1998
809
-
On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
ADJOURNMENT
At 6:41 p.m., Chairman Johnson adjourned the meeting.
Submitted by,
Approved by,
'--T7~.fi/. ~
Mary H. Allen, CMC/AAE
Clerk to the Board
810
December 1, 1998
-
This Dage left intentionally blank