4/8/1997 - Regular
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 8, 1997
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 April, 1997.
N RE: CALL TO ORDER
Chairman Johnson called the meeting to order at 3:03 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H.
Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
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
INRE:
OPENING CEREMONIES
The invocation was given by the Reverend John Hartwig, Good Shepherd
Lutheran Church. The Pledge of Allegiance was recited by all present.
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INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added an item to Executive Session pursuant to Code of
Virginia Section 2.1-344 A (1) personnel matter.
Chairman Johnson offered the Board's best wishes and prayers to
Planning Commission member AI Thomason after his recent surgery.
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Proclamation Declaring the Week of April 13 . 19. 1997 as
National Public Safety Telecommunicator's Week in Roanoke
County.
Chairman Johnson presented the proclamation to Dispatchers Dave
Thomas and Lori Amos.
Supervisor Eddy moved to adopt the proclamation. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
2. Resolution designating as historical equipment the 1932
. Seagrave Fire Truck located at Mt. Pleasant Fire Station and
recoanition of Chief Gene Wagner and Mt. Pleasant Fire
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Station.
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Chairman Johnson presented Certificates of Appreciation to Chief
Wagner and the Mt. Pleasant Fire Station. Chief Wagner presented a framed painting
of the old courthouse to the Board of Supervisors.
Supervisor Nickens moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 040897-1 DESIGNATING THE 1932 SEAGRAVE FIRE
TRUCK STATIONED AT MT. PLEASANT FIRE DEPARTMENT AS THE
COUNTY'S #1 FIRE TRUCK AND AS HISTORICAL EQUIPMENT.
WHEREAS, the Board of Supervisors in June, 1932 purchased a new
Seagrave Fire Truck to be housed at the Salem Fire Department to be used to fight
fires in Roanoke County, and
WHEREAS, in April, 1972, another unit was purchased by the County for
this purpose and the Seagrave unit was taken out of active service, and
WHEREAS, Chief Gene Wagner and other volunteers of the Mt. Pleasant
Volunteer Fire Department undertook the task and worked from 1972 to 1975 to
refurbish the truck for use in parades and other appropriate ceremonies, and
WHEREAS, the members of the Mt. Pleasant Fire Department have
faithfully maintained this vehicle and taken the unit upon request for such ceremonial
presentations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY that the 1932 Seagrave Fire Truck
refurbished by Chief Gene Wagner and the Mt. Pleasant Volunteer Fire Department is
hereby designated as the County's #1 fire truck and as historical equipment in
recognition of the service this unit provided to the residents and businesses of
Roanoke County and the Board further expresses its appreciation to Chief Wagner and
the members of the Mt. Pleasant Fire Department for their efforts to restore and
maintain this truck for use by the County.
THE BOARD OF SUPERVISORS FURTHER DESIGNATES the Mt.
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Pleasant Fire Department as custodian of the vehicle with the understanding that they
will continue to present the vehicle in appropriate ceremonial occasions on behalf of
the County. On motion of Supervisor Nickens to adopt the Resolution, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
NEW BUSINESS
1.. Request for approval of the fiscal year 1997/98 budaet for the
Roanoke Valley Resource Authority. (Diane Hyatt. Finance
Director)
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Ms. Hyatt reported that on March 26, 1997, the Roanoke Valley Resource
Authority (RVRA) adopted an operating budget for fiscal year 1997/98. This budget
must be approved by the Charter Member Users before it can be placed in effect.
The budget totals $8,484,960 which is a 17% reduction from the 1996/97
budget. The RVRA made the following changes in order to address the loss of
commercial waste that it has experienced in the last six months: (1) surplus revenues
will be used to fund the Future Site Development Reserve in 1997/98 rather than
funding the reserve from operating revenues; (2) equipment reserves will be reduced
from $700,000 a year to $400,000 a year; (3) the $200,000 annual deposit into the
Property Value Protection Reserve has been discontinued; (4) the $130,000 annual
deposit into the environmental fund has been reduced to $12~000 for 1997/98 and will
be eliminated thereafter; (5) the recycling grants ($200,000) have been eliminated; (6)
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Household Hazardous Waste Day has been eliminated ($100,000); and (7) operating
expenditures have been cut as a result of lower volume.
Ms. Hyatt advised that the RVRA budget will impact the County as
follows: (1) tipping fees for Charter members will increase to $53 per ton with a $3
credit; (2) the County will continue to receive a host locality fee of $300,000; and (3)
the County will continue to receive accounting services payment from RVRA estimated
to be about $30,000.
John Hubbard, CEO of the Resource Authority, advised there was still a
potential to loose additional tons from other commercial haulers, and he will notify the
major haulers that they will have to guarantee minimum tonnage to get a discount. In
response to a question from Supervisor Nickens, Mr. Hubbard advised that the
employees will receive a 3% cost of living increase and 2% merit increase.
Clerk to the Board Mary Allen was asked to include a request from the
Board for a study of the operations and rates when forwarding a copy of the resolution
to the RVRA.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 040897·2 APPROVING THE ROANOKE VALLEY
RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30,
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1998 AND AMENDING THE OPERATING BUDGET FOR THE YEAR
ENDING JUNE 30,1997
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WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority
Members Use Agreement provides that the Authority shall prepare and submit its
operating budget for the forthcoming fiscal year to the Board of Supervisors of the
County, the City Council of the City of Roanoke, and the Town Council of the Town of
Vinton; and
WHEREAS, by report dated March 28,1997, a copy of which is on file in
the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource
Authority has submitted a request that the County approve the budget of the Roanoke
Valley Resource Authority for the year ending June 30, 1998.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia that the budget for the year ending June 30, 1998 for the
Roanoke Valley Resource Authority as set forth in the March 28, 1997, report of the
Authority Chairman, a copy of which is incorporated by reference herein, is hereby
APPROVED, and the County Administrator and the Clerk are authorized to execute and
attest, respectively, on behalf of the County, any documentation, in form approved by
the County Attorney, necessary to evidence said approval.
On motion of Supervisor Minnix to adopt the resolution and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Resolution to approve the transfer of ownership of the Cable
TV franchise from BootJ1 Communications of Virginia. Inc. to
Blacksburg/Salem Cablevision. Inc. (Joseph Obenshain. Sr.
Assistant County Attornev)
Chairman Johnson announced that this item had been postponed until
April 22, 1997 at the request of counsel for Adelphia Communications.
.3.. . Reauest for approval of the CIRCLE Employee Suggestion
Program. (Joe Sgroi. Director of Human Resources)
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Mr. Sgroi advised that the 1997/98 budget included $5,000 for the
development of an employee suggestion program to encourage employees to look for
cost savings and efficiencies in their jobs. A committee was formed and reviewed 21
suggestion programs from other local governments and the private sector. The first
recommendation of the team was brought to the Board in fall 1996. The committee was
directed to research further and develop a program that would identify specific cost
savings.
Mr. Sgroi reported that the team developed the CIRCLE Suggestion
Program which stands for "Continuous Improvement of Roanoke County Led by
Employees." There will be two components of the program. Component One will
encourage employees to look at their own job areas and propose cost effective
suggestions. Employees will receive $2.00 for submitting an eligible suggestion. If the
suggestion is implemented, the employee will receive rewards up to $50.00.
Component Two will pertain to ongoing documented hard dollar savings, with the
employee, the program, the department and the General Fund sharing in the savings.
Employees will also be recognized for these suggestions in other than monetary ways.
After discussion on various aspects of the program, Supervisor Johnson
requested a report in July on how the program is progressing.
Supervisor Minnix moved to adopt the CIRCLE Program. The motion
carried by the following recorded vote:
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AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Request to approve Phase II of communications contract for
the ioint radio svstem between the County of Roanoke and the
Citv of Roanoke. (John Chambliss. Assistant County
Administrator)
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Mr. Chambliss advised that staff from Roanoke City and Roanoke County
have been studying the radio communications systems to provide better inter-
operability between the departments of the two localities. Phase I of the study was
completed in December 1966. The County portion of the project has been included in
the Capital Improvement Program and will be split over the next two fiscal years. City
staff will take a report to City Council on April 7 requesting authorization to enter into
Phase II of the study. The cost of the Phase II study is $55,000 and the City will pay all
the costs. The County will work with the City in defining the interface to the County
system, but there will be no cost to Roanoke County for this study. Mr. Chambliss
recommended that the Board concur in the study and allow the City of Roanoke to
proceed with the Phase II study which will be supported by staff in the County.
Supervisor Minnix moved to approve Phase II. The motion carried by the
following recorded vote:
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AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Chairman Johnson directed that Mr. Hodge bring back a report on lease
purchases.
INRE:
FIRST READING OF ORDINANCES
1.. Ordinance to acknowledge and consent to the vacation of a
portion of the Storm water Management Easement across Lots
28.29.30 and 31 of Penn Forest Place. Plat Book 17. Page 102
and located in the Cave Spring Magisterial District. (Arnold
Covey. Director of Enaineering & Inspections)
Mr. Covey reported that Boone, Boone and Loeb is requesting that the
Board acknowledge and consent to the vacation of a portion of a stormwater
management easement to avoid any real estate title questions that might be raised in
the future as to the methods followed for vacating the area. The petitioner is changing
the size of its townhouse units which nas necessitated the adjustment in the size of the
stormwater detention facility.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for April 22, 1997. The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
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2. Ordinance amending and reenacting the 1985 Comprehensive
Plan bv the incorporation of the Conceptual Greenwav Plan.
Roanoke Valley. (Jon Hartley. Assistant Director of Plannina &
Zonina\
Mr. Hartley advised that the Conceptual Greenway Plan, Roanoke Valley
Virginia was presented at the January 28 Board meeting. The plan must be
incorporated into the Comprehensive Plan to expand its authority and weight in land
use and rezonings.
The plan recommends a network of 51 on-road and off-road trails and
paths linking areas of commercial, cultural, and recreational activity with residential
neighborhoods. An addendum has also been prepared to provide specific guidance in
implementing the plan in Roanoke County.
Supervisors Harrison and Eddy offered changes to items C-2 and E-1 in
the addendum. Greenway Coordinator Liz Belcher was present and updated the Board
on funding grants that are pending.
Supervisor Johnson moved to approve the first reading and set the
second reading for April 22, 1997. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
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INRE:
SECOND READING OF ORDINANCES
1.. Ordinance declarina a parcel of real estate to be surplus and
reiecting/acceptina offer for sale of South County No. 4 well
lot. (Gary Robertson. Utility Director)
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Mr. Mahoney advised that the only change from the first reading was the
addition of the purchaser's names, Frank D. Porter, III and Beverly V. Porter, and the
purchase price of $3,800 in section 4 of the ordinance.
Supervisor Eddy moved to adopt the ordinance and accept the offer. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
ORDINANCE 040897-5 DECLARING A PARCEL OF REAL ESTATE TO
BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF
SAME; NAMELY THE SOUTH COUNTY NO.4 WELL LOT
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject property, having been made available for other public
uses before permitting disposition by sale, is hereby declared to be surplus.
2. That an advertisement for bids for the sale of this surplus real
estate was advertised in the Roanoke Times & World News on January 27, 1997.
3. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on March 25, 1997, and the
second reading was held on April 8, 1997, concerning the disposition of the following
parcel of real estate identified as follows:
South County No.4 Well Lot - Tax Map Parcel No. 76.01-1-24
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4. That an offer for said real estate has been received, from Frank D.
Porter, III and Beverly V. Porter to purchase this property for the sum of $3,800.00 (less
a credit of $3,769.59 for erosion control and drainage work) and this offer is hereby
accepted.
5. This conveyance is subject to the restriction that no structure shall
be constructed on this property and that an area 20' wide æong the front lot line of this
property be retained for possible future road widening purposes.
6. That the purchase price for the property will be paid upon delivery
of a deed therefor and all proceeds from the sale of this real estate will be deposited
into the water fund in accordance with the trust agreements of the 1991 water revenue
bonds.
7. That the County Administrator is hereby authorized to execute
such documents and take such actions on behalf of Roanoke County as are necessary
to accomplish the sale of said property, all of which will be on form approved by the
County Attorney.
8. That this ordinance wUI be effective on and from the date of its
adoption.
On motion of Supervisor Eddy to adopt the ordinance and accept offer,
and carried by the fol.lowing recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Ordinance authorizing an Intergovernmental Aareement
establishing the Roanoke Valley Greenwav Gommission
between the City of Roanoke. City of Salem. County of
Roanoke and Town of Vinton. (Jon Hartley. Assistant Director
of Planning & Zoning)
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Mr. Hartley advised that there was a change to the ordinance authorizing
the Chairman of the Board of Supervisors to execute the agreement instead of the
County Administrator. He also announced that Charlie Blankenship, Don Witt and
Richard Kelly had indicated that they wished to be appointed to the Commission.
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Supervisor Eddy moved to adopt the ordinance with the recommended
change to Item 2 and to appoint to the Commission Charlie Blankenship for a three
year term; Don Witt for two year term; and Richard Kelly for one year term. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 040897-6 AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY
COMMISSION BETWEEN THE CITY OF ROANOKE, CITY OF SALEM,
COUNTY OF ROANOKE, TOWN OF VINTON
WHEREAS, over the past several years, citizens of the Roanoke Valley
have expressed considerable interest in preserving open space, protecting viewsheds
along the Blue Ridge Parkway and developing a Regional Greenway System; and
WHEREAS, the Roanoke Valley Greenways Committee has previously
been established to prepare a regional greenway plan and develop a long term
organizational structure to carry on greenway planning and implementation; and
WHEREAS, the Roanoke Valley Greenways Steering Committee has
recommended an Intergovernmental Agreement establishing a permanent Roanoke
Valley Greenway Commission; and
WHEREAS, the purpose of the Roanoke Valley Greenway Commission
would be to promote and facilitate coordinated dfr"ection and guidance in the planning,
development and maintenance of a system of greenways throughout the Roanoke
Valley; and
WHEREAS, the Board of Supervisors desires to exercise its authority
pursuant to Section 15.1-21, 1950 Code of Virginia, as amended, to enter into an
Intergovernmental Agreement establishing such Commission; and
WHEREAS, the first reading of this ordinance was held on March 25,
1997, and the second reading was held on April 8, 1997.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. That the Intergovernmental Agreement establishing the Roanoke
Valley Greenway Commission is hereby authorized and approved.
2. That the Chairman of the Board of Supervisors or his designee is
hereby authorized to execute the Intergovernmental Agreement establishing the
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Roanoke Valley Greenway Commission upon form approved by the County Attorney
and substantially in the form of the Agreement attached to the report of the County
Administrator to this Board, dated March 25, 1997.
3. That this ordinance shall take effect immediately upon its adoption.
On motion of Supervisor Eddy to adopt the ordinance with a change to
paragraph 2, and to appoint to the Commission Charles Blankenship, three year term;
Don Witt, two year term; and Richard Kelly, one year term, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None '
.a.. Ordinance amending and reenacting Section 12-13. Removal
and Disposition of Certain Unattended Vehicles. of the
Roanoke County Code to require the posting of warnina signs
on Drivate propertY normally open to the public for parking.
(Joseph Obenshain. Senior Assistant County Attorney)
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There were no changes to the ordinance and no discussion of the item.
Supervisor Johnson moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 040897-7 AMENDING AND REENACTING SECTION 12-
13, REMOVAL AND DISPOSITION OF CERTAIN UNATTENDED
VEHICLES OF THE ROANOKE COUNTY CODE TO REQUIRE THE
POSTING OF WARNING SIGNS ON PRIVATE PROPERTY NORMALLY
OPEN TO THE PUBLIC FOR PARKING
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WHEREAS, this section of the Roanoke County Code was originally
adopted in 1971 as Section 10-9 in accordance with enabling legislation in the Code of
Virginia, and,
WHEREAS, the General Assembly has subsequently amended the
enabling legislation to require the posting of signs warning of the possibility of towing or
removal of vehicles on private property which is open to the public for parking; and
WHEREAS, the first reading of this ordinance was held on March 25,
1997; and the second reading was held on April 8, 1997.
BE IT ORDAINED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. That Chapter 12 MOTOR VEHICLES AND TRAFFIC, Article I. 1n
General, Sec 12-13 Removal and disDosition of certain unattended vehicles be
amended and reenacted as follows:
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Sec. 12-13. Removal and disposition of certain unattended vehicles.
(a) Whenever any motor vehicle, trailer or semitrailer is found on the
public roads or highways or public grounds unattended by the owner or operator and
constitutes a hazard to traffic or is parked in such manner as to be in violation of law, or
whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten
(10) days upon any public property or privately owned property, other than the property
of the owner of such motor vehicle, trailer or semitrailer, within the county, or is
abandoned upon such public property or privately owned property without the
permission of the owner, lessee or occupant thereof, such motor vehicle, trailer or
semitrailer may be removed for safekeeping by or under the direction of a law-
enforcement officer to a storage garage or area; provided, that no such vehicle shall be
so removed from privately owned remises, without the written request of the owner,
lessee or occupant thereof; '",-w= 7''":;:JIlUi
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2. This ordinance shall be effective from the date of its adoption.
On motion of Supervisor Johnson to adopt the ordinance and carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
APPOINTMENTS
1.. Social Services Advisory Board.
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Supervisor Johnson nominated Allen Simpson to complete the unexpired
term of Mary Anderson. This term will expire August 1,1997.
INRE:
CONSENT AGENDA
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Supervisor Johnson moved to adopt the Consent Resolution with Item 1
removed. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
It was the consensus of the Board to postpone action on Item 1 to allow
staff to review cost figures from Supervisor Eddy's memo, and that staff go forward with
Request for Proposals to include both drop-off and curbside collection.
RESOLUTION 040897-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM K 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
April 8,1997, designated as Item K - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 2
through 5, inclusive, as follows:
1. Authorization to privatize the recycling program in Roanoke
Counl:y .
2. Authorization to allow a parcel of County property (well lot, tax
Map. No. 40.14-1-50) to be used by the BOAsack Family Practice
(Lewis Gale Clinic, L.L.C.) as a temporary parking lot for
employees.
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3. Appropriation of donation received from Crestar Bank for use by
Planning and Zoning for the Williamson Road Hollins Village
Project.
4. Confirmation of appointments to the Public Safety Volunteer
Benefits Board of Trustees.
5. Request from School Board for appropriation of $26,300
technology grant funds.
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for any
such item pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution with
Item 1 removed, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) He announced that Tire Amnesty Day would be
April 11 and 12, 1997 and encouraged people to take their old tires to the places that
are collecting them. (2) He reminded the other Board members not to 'ERASE"
messages on the Voice Mail Box for all five Board members, but to "SAVE" them. (3)
He sent a memorandum to the Board members suggesting that the Clerk place on
Voice Mail following Board meetings the estimated times for Board items so that
citizens could determine what time to watch on TV the following Thursday. There was
no support from the other Board members to pursue this. (4) He asked if the Board
members supported consideration of a program whereby senior citizens could earn
money working part-time for the County for payment towards their real estate taxes.
Mr. Hodge reported on a similar program in Aiken, SC. There was Board consensus
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that the staff should research further. (5) He advised that a resident had contacted him
to commend Supervisor Nickens for all his volunteer efforts through the years and
wanted Supervisor Nickens appropriately recognized for his work. Chairman Johnson
noted that all of the Board members donate much of their time to various programs. (6)
He announced that the School Blue Ribbon Committee made a presentation to the
County Council of PTA's. (7) He asked Mr. Hodge if staff had taken any steps to
conserve energy as suggested by Supervisor Nickens. Mr. Hodge responded that staff
has been reminded through E-mail.
Supervisor Minnix: (1) He thanked the staff for their work in resolving a
noise problem and complaint on Meadowlark. (2) He announced that two young men
raised some money for the Heart Fund and had asked Supervisor Minnix to contribute
for them. (3) He announced that an individual in his district who is a librarian in the
school system had received a commendation letter from Governor Allen. (4) He asked
for a report on whether the road at the business park on Commonwealth Avenue will
eventually come out at Starkey Road. Mr. Hodge will check and report back. (5) He
sent a letter to Congressman Boucher regarding federal funds. Mr. Hodge advised that
he is sending a packet of information. (6) He told a joke regarding Roanoke County
and Kroger.
Supervisor Harrison: (1) He announced that there had been a
community meeting to discuss the West Roanoke County business park and that there
will be another meeting with the West County business leaders on the same subject.
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(2) He thanked staff for their help in resolving the problems with the sandlot teams
using Green Hill Park during the Civil War reenactment. (3) He wished Parks and
Recreation Director Pete Haislip a speedy recovery.
Supervisor Johnson: (1) He received a letter from the Shays asking
about the progress resolving the day care problems that existed in their neighborhood.
Terry Harrington responded that the issue was brought to the Planning Commission but
they did not feel comfortable making any changes at that time. Mr. Harrington will get
more information on the number of children allowed in a residential day care and bring
it back to the Planning Commission. (2) He asked Mr. Hodge to prepare a Certificate of
Appreciation for Senator Bo Trumbo for his assistance with the Virginia Department of
Transportation funds for R. R. Donnelley. (3) He asked that in the future the list of real
estate for judicial sale be circulated to all departments and commissions.
INRE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
1.. General Fund Unappropriated Balance.
z.. Capital Fund UnapproDriated Balance.
.3.. Board Contingency Fund.
.4.. Treasurer's Statement of Accountability per Investments and
Portfolio Policy as of March 31.1997.
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~ Progress Report on the Community Plan (Comprehensive
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Plant
§. Proclamations signed by the Chairman.
IN RE:
WORK SESSIONS
1.. Presentation of the School Board budget.
The work session was held from 5:05 p.m. until 6:08 p.m. The School
Board presented their proposed balanced budget. There was discussion on (1) athletic
trainers (the cost is $3,000 per trainer); (2) the $300,000 contingency in the
superintendent's budget (the School Board will approve any expenditure from this
fund); (3) the possibility of potential savings from school garage II and a joint internet
system (Mr. Hodge, Supervisor Johnson, Dr. Gordon and School Board Chairman Mike
Stovall will meet to discuss this further); (4) the need to set aside funds for school
capital; and (5) implementation of Blue Ribbon Committee recommendations.
Dr. Gordon requested a one-page summary outlining Mr. Hodge's
proposal for the School Garage II.
INRE:
EXECUTIVE SESSION
Supervisor Johnson moved to go into Executive Session following the
work sessions pursuant to the Code of Virginia Section 2.1-344 A (7) consultation with
legal counsel and briefing by staff pertaining to specific matters requiring legal advice,
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Town of Vinton; and 2.1-344 A (5) discussion concerning a prospective business or
industry, 2.1-344 A (3) personnel matter. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-040897 -9
At 6:55 p.m., Supervisor Johnson moved to return to open session, that
the Executive Session was held from 6:08 p.m. until 7:00 p.m. and adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 040897-9 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 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
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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 Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
.1. Ordinance to rezone 11.05 acres from R-1 to R-3 to construct
residential condominiums. located on the south side of
Electric Road between McVitty Road and Electric Road.
Windsor Hills Magisterial District, upon the petition of Radford
& Company. (Teny Harrington. Planning & Zonina Director)
(CONTINUED FROM FEBRUARY 25. 1997 AND MARCH 11.
1997)
0-040897-10
Mr. Harrington advised that the petitioner has added a second entrance to
this project since it was heard by the Planning Commission and the Board requested
that the Planning Commission re-evaluate the proposal. The flew concept plan dated
March 13 calls for an additional entrance on McVitty Road which will allow north bound
Route 419 traffic to utilize the existing signal at McVitty road and Route 419. The new
entrance as well as the entrance on Route 419 will need approval from the Virginia
Department of Transportation.
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Mr. Harrington reported that the Planning Commission recommended
approval of the request with the revised proffers.
The fol~owing citizens spoke concerning the petition:
1. Ed Murrav 3123 McVitty Road. spoke in opposition to the second
entrance on McVitty Road. He supDorted the rest of the Droposed proiect.
2. Paul Bell. 2705 Hillbrook Drive. spoke in opoosition because of the
229
increased traffic in the area and that in his opinion. the Countv was spot zonina this
property.
Chairman Johnson advised that he had received a letter from T. Howard
Noell who could not attend. Mr. Noell asked that his letter opposing the entrance on
McVitty be entered into the record.
Ed Natt, attorney for the petitioner, advised that they originally kept the
entrance only on Route 419 because they thought that was what the neighborhood
residents preferred. Their traffic study indicated that during peak hours, there will be
2 - 4 vehicles exiting every four minute.s.
Supervisor Eddy advised that he felt that road improvements to McVitty
Road will be moved up in the VDOT six-year plan when traffic increases from the
development, and suggested that staff give this a high priority the next time the six-year
plan is being developed.
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Supervisor Eddy moved to adopt the ordinance. The motion carried by
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the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Nickens
NAYS:
Supervisors Harrison, Johnson
ORDINANCE 040897-10 TO CHANGE THE ZONING CLASSIFICATION
OF A 11.05-ACRE TRACT OF REAL ESTATE LOCATED ON THE
SOUTH SIDE OF ELECTRIC ROAD BETWEEN MCVITTY ROAD (SR
1662) AND ELECTRIC ROAD (TAX MAP NOS. 76.16-2-2, 3, 4, 5) IN
THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-3
WITH CONDITIONS UPON THE APPLICATION OF RADFORD &
COMPANY
WHEREAS, the first reading of this ordinance was held on January 28,
1997, and the second reading and public hearing were held February 25, 1997; and
continued to March 11, 1997; and corltinued to April 8, 1997; and, .
WHEREAS, the Roanoke County Plarlning Commission held a public
hearing on this matter on February 4, 1997; and
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real estate
containing 11.05 acres, as described herein, and located on the south side of Electric
Road between McVitty Road (SR 1662) and Electric Road, (Tax Map Numbers 76.16-2-
2, 3, 4, 5) in the Windsor Hills Magisterial District, is hereby changed from the zoning
classification of R-1, Windsor Hills District, to the zoning classification of R-3, Medium
Density Multi-Family Residential District.
2. That this action is taken upon the application of Radford &
Company.
3. That the owners of the property, Lloyd J. Lazarus and Lee W.
Lazarus, have voluntarily proffered in writing the following corlditions which the Board
of Supervisors of Roanoke County, Virginia, hereby accepts:
(1) That the property will be developed in substarltial conformity with
the concept plan for McVitty Forest prepared by Lumsden
Associates under date of March 13, 1997.
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',1)
(2) That the development will be limited to ninety-six (96) residential
condominium units.
(3) That the developer will grant a storm water maintenance easement
along Mudlick Creek for a potential regional storm water
management facility. The easement will include the area within the
100-year floodway Of Mudlick Creek, of the property being
rezoned, as established by the Federal Emergency Management
Agency's Flood Insurance Study dated October 15, 1993. Said
easements will be defined and dedicated at the time of site plan
review.
(4) That on-site storm water retention pond shown on the concept plan
shall be moved outside the flood plain area if such is feasible
according to normal engineering standards. The relocation shall
not be required if it conflicts with the development in accordance
with the concept plan.
(5) That the Developer will grant a variable greenway easement on the
east side of Mudlick Creek, extending from the center of the creek
to the toe of any fill slope or 50', whichever is less, providing a
minimum greenway easement of 30'. A thirty (30) foot greenway
easement adjacent to Route 419 shall be granted for future
greenway development. The defined greenway easement adjacent
to Route 419 may be, as determined by the Developer, inclusive of
the front setback area as required by Section 30-45-3 (B) of the
Roanoke County Zoning Ordinance. Said easements will be
defined and dedicated at the time of site plan review.
(6) Vegetative landscaping shall be placed on site in those areas
adjoining residential properties. If all adjoining property owners
concur in writing, a fence shall be constructed along the property
line between the subject property and the adjoining residential
properties. If such fence is constructed, the same shall be
maintained by the Homeowner's Association of the condominium.
Language to such effect shall be included in the Declaration of
Covenants, Conditions and Restrictions affecting the condominium
development.
4. That said real estate is more fully described as follows:
BEGINNING at corner #1, said point being the corner common to said
11.05 acres and the westerly boundary of Crestwood Park, as recorded in
Plat Book 3, page 214 in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, said corner also lying on the southerly right-of-
way line of Virginia Primary Route 419; thence along the line common to
said 11.05 acres and said Crestwood Park the following courses and
distances, S. 41 deg. 40' 00" W. 151.44 feet to corner #2; thence S. 06
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deg. 18' 00" W. 209.98 feet to corner #3; thence S. 11 deg. 47' 00" E.
108.98 feet to corner #4; thence S. 73 deg. 36' 00" W. 206.43 feet to
corner #5; thence S. 82 deg. 35' 00" W. 99.20 feet to corner #6; thence N.
78 deg. 41' 00" W. 133.00 feet to .comer #7; thence S. 52 deg. 55' 00" W.
133.49 feet to corner #8; said corner #8 being the corner common to said
herein described parcel and said Crestwood Park, said corner also lying
on the northerly right-of-way line of McViUy Road (Route #1682); thence
along the line common to said herein described parcel and McVitty Road
the following courses and distances: N. 56 deg. 21' 18" W. 84.94 feet to
corner #9; thence N. 65 deg. 27' 00" W. 274.50 feet to corner #10; thence
N. 57 deg. 54' bo" W. 37.12 feet to corner #1 OA; thence along a proposed
zoning line the following 2 courses and distances: N. 38 deg. 21' 14" E.
181.27 feet to corner#10B; thence N. 21 deg. 38' 46" W. 230.00 feet to
corner #16; said còrner #16 being the corner common to said herein
described property and the property of Roger D. Dixon as recorded in the
aforesaid Clerk's Office in Deed Book 1421, page 1051; thence along the
line common to said herein described parcel and said Roger Dixon
property the following 2 courses and distances: N. 21 deg. 38' 46" W.
130.77 feet to corner #17; thence N. 13 deg. 05' 14" E. 65.63 feet to
corner #18; said corner #18 lying on the southerly right-of-way line of
Virginia Primary Route 419; thence along the line common to said herein
described parcel and Virginia Route 419, S.80 deg. 22' 40" E. 1006.51
feet to the point of Beginning and containing a computed acreage of
11.05 acres.
5. That this ordinance shall be in full ·force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Eddy to adopt the ordinance and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Nickens
NAYS: Supervisors Harrison, Johnson
Z. Ordinance authorizing the vacation of a portion of an existing
20' sanitary sewer easement located on Jhe eastern portion of
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23a
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Lot 7. Block 1. Section 23. Hl, nting Hills. Cave Spring
Magisterial District. and authorizing acceDtance of a relocation
of the same easement. (Gary Robertson. Utility Director)
0-040897-11
There was no discussion and no changes from the first reading.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 040897-11 AUTHORIZING THE VACATION OF A
PORTION OF AN EXISTING 20' SANITARY SEWER EASEMENT
LOCATED ON THE EASTERN PORTION OF LOT 7, BLOCK 1,
SECTION 23, HUNTING HILLS SUBDIVISION (PB 12, PAGE 8), AND
AUTHORIZING ACCEPTANCE OF A RELOCATION OF THE SAME
EASEMENT, CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the petitioners, Robert C. Laucher and Anna Jean Laucher,
are the builders of a residential dwelling located on Lot 7, Block 1, Section 23, Hunting
Hills (PB 12, page 8), Cave Spring Magisterial District (Tax Map No. 87.19-1-8.16); and
WHEREAS, Richard M. Zaharias and Linda H. Zaharias are the current
owners of the subject real estate; and
WHEREAS, a recent survey of said property reflects that the residential
dwelling located thereon encroaches upon the north side of an existing 20' sanitary
sewer easement; said easement having been dedicated by the recordation of "Plat of
Section No. 23 'Hunting Hills', Cave Spring Magisterial District, Roanoke County,
Virginia, Property of Hunting Hills County Club, Inc." made by Buford T. Lumsden &
Associates, P.C., dated 16 August 1989, of record in the Circuit Court Clerk's Office of
Roanoke County in Plat Book 12, page 8; and
WHEREAS, the petitioners have requested that the Board of Supervisors
of Roanoke County, Virginia, vacate a "Portion of Existing 20' Sani,tary Sewer Ease-
ment" and accept in exchange a "New 20' Sanitary Sewer Easement" on the southern
side of the existing easement as shown on the attached "Plat Showing New 20'
Sanitary Sewer Easement being granted to the County of Roanoke by Richard M.
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234
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Zaharias and Linda H. Zaharias situated on Lot 7, Block 1, Section 23, Hunting Hills
(PB 12, page 8) Tax Map No. 87.19-1-8.16, Cave Spring Magisterial District" made by
Lumsden Associates, P.C., dated 18 March 1997; and
WHEREAS, the relocation has been accomplished without cost to the
County and meets the requirements of the Utility Department.
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that the vacation of a portion of the plat be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 ofthe
1950 Code of Virginia, as amended, and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on March 28, 1997; and a second
reading and public hearing of this ordinance was held on April 8, 1997.
2. That pursuant to the provisions of Section 16.01 of the Roanoke
County Charter, the subject real estate (easement) is hereby declared to be surplus
and the nature of the interest in real estate renders it unavailable for other public uses;
and
3. That, conditioned upon the exchange as hereinafter provided, 361
square feet of the northern portion of an existing 20' sanitary sewer easement across
the eastern portion of Lot 7, Block 1, Section 23, Hunting Hills of record in Plat Book
12, at page 8 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia,
be, and hereby is, vacated pursuant to Section 15. 1-482(b) of the 1950 Code of
Virginia, as amended; and,
4. That, in exchange, acquisition and ac.ceptance of 386 square feet
for sanitary sewer easement purpo.ses on the southern side of the existing easement
for a total width of twenty (20') feet be, and hereby is, authorized and approved; aU as
shown on 'Plat Showing New 20' Sanitary Sewer Easement being granted to the
County of Roanoke by Richard M. Zaharias and Linda H. Zaharias situated on Lot 7,
Block 1, Section 23, Hunting Hms (PB 12, page 8), Tax Map No. 87.19-1-8.16, Cave
Spring Magisterial District, dated 18 March 1997, prepared by Lumsden Associates,
P.C.; and
5. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to, publication costs, survey
costs and recordation of documents, shall be the responsibility of the petitioners,
Robert C. Laucher and Anna Jean Laucher, or their successors or assigns; and
6. That as a further condition to the adoption of this ordinance, the
Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held
harmless from and against aU claims for damages to any improvements or structures
within the old easement area by the owner, their heirs,successors, or assigns.
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7. That the County AdrrIffiistrator is hereby authorized to execute
such documents and take such actions as may be necessary to accomplish this
vacation and acquisition, all of which shall be on form approved by the County Attor-
ney.
8. That this ordinance shall be in full force and effect on the date of
its adoption.
9. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as
amended, the Circuit Court Clerk shall write in plain legible letters across the part of the
plat vacated, the word "vacated" and also make a reference on the same to the volume
and page in which the instrument of vacation is recorded.
On motion of Supervisor Minnix to adopt the ordinance and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
WORK SESSION CONTINUED AT 7:30 P.M.
1.. Presentation of County Administrator's proposed budget.
Mr. Hodge presented the 1997/98 proposed budget. He highlighted the
following issues: (1) The County has allocated $1 million of new revenue towards
school capital projects and increased the operating allocation by over $3.2 million for a
total additional appropriation to the schools of $4.46 million; (2) $3 million will be
needed over three years to begin work on the Glenmary site; (3) two add,itional road
officers are included for the second half of the fiscal year; (4) three paramedic
firefighter positions and $264,000 are earmarked for new fire and rescue equipment;
(5) staff will look at new ways of funding Youth Haven II; (6) salary increases of 3.2%
are recommended; and (6) increased tipping fees of $185,000 are included.
236
. tpFIII, 1 ~4)i
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Mr. Hodge advised that he is proposing allocating $750,000 that will not
be used toward renovation of Social Services space, and $650,000 in additional funds
to fund the Capital Improvement Program. Mr. Hodge also recommended upgrading
the County fleet with recurring funds.
Following discussion, there was Board consensus on the following: (1) to
bring back a report on Youth Haven II on January 1, 1998 and decide at that time
whether to continue funding; (2) to request that the Roanoke Valley Resource
Authority limit salary increases to the average of Roanoke City and Roanoke County;
(3) that Mr. Hodge will bring back information regarding fees for non-emergency rescue
calls and 9-1-1 tax increase; and (4) to discuss the possibility of joint emergency
medical dispatchers at the next joint meeting with Roanoke City Council.
Supervi.sor Johnson asked for the number of full-time personnel. The
Board members will make individual recommendations for contributions to cultural,
human and social agencies and return them to Brent Robertson. There was no support
for a departmental matching fund program to purchase vehicles. Staff was asked to
bring back more information on the joint firing range. The CIRCLE Program funding for
1997-98 will be placed in the Board Contingency Fund until a July report from staff on
the program's success.
INRE:
ADJOURNMENT
At 9:20 p.m., Supervisor Johnson moved to adjourn. The motion carried
by a unanimous voice vote.
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Submitted by,
rn-~~ V.:hI. O.l b. ~ .)
Mary H. Allen, CMC
Clerk to the Board
AprD 8, 1997
Approved by,
~o~__
ob L. Johnso
Chairman
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