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9/9/1997 - Regular --- September 9,1997 521 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 9, 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 September, 1997. N RE: 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 (Arrived 3:18 p.m.), Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison MEMBERS ABSENT: H. Odell "Fuzzy" Minnix STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy 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 the Reverend James W. Reynolds, Retired, United Methodist Church. The Pledge of Allegiance was recited by all present. 522 September 9, 1997 IN RE: - REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added an Executive Session item pursuant to Section 2.1-344 (A) (7) Consultation with legal counsel regarding pending litigation: Ohio Cellular. BRIEFINGS 1. Presentation on the redesign of the Building Permit and Business License Processes. County Administrator Elmer Hodge advised that for some time representatives from ten departments and three constitutional officers have been looking at ways to make the Planning and Zoning Department, Engineering & Inspections Department, and Development Services more accessible to the citizens, more efficient and easier to coordinate with the citizens. He asked the Design Team to present their findings to the Board. Director of Engineering & Inspections Arnold Covey and team leader advised that these three departments, along with Human Resources and an Assistant County Administrator, formed the Second Floor Steering Team. They selected a methodology to accomplish the task, identified the core process and decided which processes should be re-engineered. They created a Design Team which consists of employees currently involved in the process and employees outside the process. He introduced the members of the Design Team: Mary Allen, Board of Supervisors; Diane Jernigan, Development Services; John Murphy, Development Services; Karen Bartnick, Treasurer's Office; Lynda Murphy, Finance; Jerry Hoer; Commissioner of Revenue; Alice IN RE: -,- September 9,1997 523 - Carrico, Utility; Joel Baker; Engineering & Inspections; Todd Booth, Engineering & Inspections; Elaine Carver, Procurement and facilitator; and Margaret Slotnick, Consultant. Ms. Slotnick was unable to attend because of another commitment. The team established as their vision "redesigning the process around the customer", and established as their objectives: (1) one stop shopping; (2) reduce number of staff customer comes in contact with; (3) capture data once; (4) continuous customer services; (5) less steps, faster processing of customer applications/requests; and (6) on-site technical support (immediate technical assistance with Code questions). Team member Jerry Hoer presented the changes recommended by the Design Team to improve the business license process. These were (1) reduce the number of steps from ten to one by using the telephone or monthly reports for many approvals; and (2) eliminate a trip to the Courthouse in Salem. Diane Jernigan explained the existing building permit process, which can involve as many as 26 steps, and contact with 3 to 5 people. Joel Baker gave the recommendations to improve the building permit process: (1) reduce the process to one step by creating a Customer Service Center; (2) simplify the Building Permit application for residential construction to one page; and (3) in the first step toward "24 hour service", applications for both processes to be available by telephone, fax or on the Internet. Todd Booth presented the physical layout and signage details and John Murphy reported on the proposed Customer Service Representative Team. Mr. Covey described the short term and long term solutions and commented that some have already been implemented, and some will be in the next six to eight months. Supervisor Johnson asked that the re-engineering be coordinated with the Home Builders' Association 524 September 9,1997 - - and the Virginia Department of Transportation. The Design Team and Mr. Covey were congratulated by the Board members for an excellent presentation. INRE: NEW BUSINESS 1... Reouest to appropriate funds for purchase of truck for Read Mountain Fire Department. (Rick Burch. Chief of Fire & Rescue) A-090997-1 Chief Burch advised that the Department of Fire and Rescue Apparatus Replacement Committee has recommended replacing the 1980 American LaFrance pumper currently stationed at Read Mountain Fire Station at a cost of $260,439. Botetourt County has agreed to pay $130,210.50 which is 50% of the cost of the new truck, and the County already has $125,976.76 which was paid by the Town of Vinton for their 50% share of the cost of a new Pierce pumper. The $5,131.63 difference in purchase price will come from the Fire & Rescue Department budget. In response to an inquiry concerning having an overall master plan for vehicles, Chief Burch advised that the master plan for Fire and Rescue is being updated and will be shared with the Board during the budget process. Supervisor Johnson moved to approve the appropriation of $255,207.37. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix ~ September 9, 1997 525 - - IN RE: PUBLIC HEARINGS 1. Public Hearino and adoption of a resolution Dursuant to Section 15.1-238 (E) of the Code of Virginia. 1950 as amended. authorizing the aCQuisition of and immediate right-of-entry by eminent domain Droceedings to an easement through a parcel of land owned by Carolyn L. Jarvis and Lloyd M. Russ for the water transmission line proiect. (Paul Mahoney. County Attorney). R-090997-2 Mr. Mahoney advised that William B. Hopkins, Jr., Counsel for Roanoke County in this action, was delayed in Radford and could not be at the meeting; and that the Board was briefed on this action during the executive session at the last meeting. An independent appraisal set the value of the property at $218 and while one owner was willing to accept this, the other was not. He advised that minor corrections on pages 1 and 2 should be made to the resolution, and asked that the Board approve the resolution as corrected. There were no citizens present to speak on this issue. Supervisor Johnson moved to adopt the resolution as corrected. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-2 PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE 526 September 9,1997 ACQUISITION OF AN EASEMENT THROUGH A PARCEL OF LAND OWNED BY CAROLYN L. JARVIS AND LLOYD M. RUSS FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, September 9, 1997, at 3:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in a certain parcel of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to north Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the property described below: (a) OWNER: Carolyn L. Jarvis and Lloyd M. Russ PROPERTY DESCRIPTION: Parcel of land located at the northwest corner of Wildwood Road and Sawmill Branch Road, Salem, Virginia (Roanoke County Tax Map No. 35.03-02-61) See attached plat identified as "EXHIBIT A" showing water easement to be acquired from Carolyn L. Jarvis and Lloyd M. Russ. 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER FAIR MARKET VALUE AND DAMAGES. IF ANY Carolyn L. Jarvis and Lloyd M. Russ $ 218.00 6. That the landowners have been offered the amount listed in paragraph 5 above for an interest in their property and that this offer was refused by the landowners. Therefore, the only feasible way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. --- September 9,1997 527 - - 8. That pursuant to the provisions of Section 15.1-238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior to or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on the Exhibit attached hereto and made a part of this resolution and authorize the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on or before September 23, 1997. 12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. Supervisor Johnson moved to adopt the resolution as corrected. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: FIRST READING OF ORDINANCES ~ First reading of ordinance authorizing the vacation of a portion of an existing 20 foot sanitary sewer easement across Lot 4. Block 4. Section 2 of Hollins Gardens. (Gary Robertson. Utility Director) Mr. Robertson advised that as construction drawings were being prepared 528 September 9,1997 - for replacement of the Carvins Creek Interceptor, it was discovered that a rock wall and wood deck encroached on the existing sewer easement. Instead of removing the structures, the owners of the property requested that the sewer easement be relocated and they agreed to pay $2,175.98 for the additional costs for changing the location. Since the sewer line has been replaced and a new easement obtained, the owners are requesting that a portion of the original easement be vacated. He asked that the first reading of the ordinance be approved. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for September 23, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 2. First Readina of ordinance to grant the riaht to use a County water line easement for private sanitary sewer service by Cicero H. Hall. Jr. and Doris B. Hall. (Gary Robertson. Utility Director) Mr. Robertson advised that Roanoke County maintains a 20 foot wide water line easement along the southern boundary line of property owned by John M. Oakey, Inc. and John M. Oakley, Inc. is in the process of granting a 10 foot wide private sanitary sewer easement to the adjacent property owners. They have requested that five feet of the sewer easement overlap Roanoke County's existing water easement. The easement ~ September 9,1997 529 - document states that the sewer line will maintain a 10 foot horizontal separation from the existing water line at all points in the easement. This request has no fiscal impact on Roanoke County. He requested that the first reading of the ordinance be approved. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for September 23, 1997. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: IN RE: 0-090997-3 Supervisors Eddy, Harrison, Nickens, Johnson None Supervisor Minnix SECOND READING OF ORDINANCES 1... Second readina of ordinance authorizina the release of an existinQ 20 foot easement and the acceptance of the conveyance of a replacement easement. on Dropertv of Mansell Herbert Hopkins. III and Sandra L. Hopkins. for access to certain Dublic water facilities. (Gal)' Robertson. Utility Director) Mr. Robertson advised that Roanoke County acquired the Bridlewood Water system on September 1, 1990, and that the 20 foot roadway easement granted in 1977 to provide access to the well lot was never utilized. Access to the well lot and water line has been along an existing gavel drive that serves the Hopkins property. The property owners have requested that Roanoke County vacate the existing easement, accept a new 530 September 9, 1997 - easement along the existing gravel road, and agree to continue sharing equally the cost of maintenance on the existing gravel driveway. This request will not have a fiscal impact on Roanoke County, and he asked that the ordinance be adopted. There was no discussion and there were no citizens to speak on this issue. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix ORDINANCE 090997-3 AUTHORIZING THE RELEASE OF AN EXISTING 20' EASEMENT AND THE ACCEPTANCE OF THE CONVEYANCE OF A REPLACEMENT EASEMENT, ALL ON THE PROPERTY OF MANSELL HERBERT HOPKINS, III AND SANDRA L. HOPKINS, FOR THE PURPOSE OF ACCESS TO CERTAIN PUBLIC WATER FACILITIES WHEREAS, Mansell Herbert Hopkins, III and Sandra L. Hopkins are the owners of 4.1681 acres of real estate, more completely described in a deed recorded in Deed Book 1432, at page 221, and this property is served by a gravel driveway which has access to Bridlewood Drive; and, WHEREAS, a 20-foot roadway easement was granted to Bridlewood Associates by deed recorded in Deed Book 1079 at page 382; Roanoke County acquired the Bridlewood Water System by deed of record in Deed Book 1330, at page 277; which conveyance included the right-of-way for ingress and egress as described in deed of record in Deed Book 1079 at page 382; and, WHEREAS, this right-of-way has never been used by the County, rather the County has been using the existing gravel driveway of the Hopkins'; and, WHEREAS, the Hopkins' have requested that the County agree to eliminate the easement across their property, and to agree to share equally the cost of maintenance of the existing gravel driveway; and WHEREAS, the first reading of this ordinance was held on August 19, 1997; the second reading was held on September 9,1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, that: 1 ) That the County of Roanoke hereby agrees to release and convey any - September 9,1997 531 - and all right title and interest that it may own in that certain twenty (20) foot right-of-way across the property of Mansell Herbert Hopkins, III and Sandra L. Hopkins to said Mansell Herbert Hopkins, III and Sandra L. Hopkins. 2) That the County of Roanoke hereby accepts the conveyance of an easement across the property of Mansell Herbert Hopkins, III and Sandra L. Hopkins, said easement being on, through and over the existing gravel drive, the pathway of which is shown on the survey attached hereto and incorporated herein. The County agrees to share equally the cost of maintenance of the existing gravel driveway in its currently existing state or condition. 3) That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the convl¡iyance of said property, all of which shall be upon form approved by the County Attorney. 4) This ordinance shall be effective from and after its adoption. Supervisor Eddy moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 2.. Second readim~ of ordinance authorizing the creation of and financing for a local Public Works ImDrovement Proiect. West Main Street Sewer Proiect. (Gary Robertson. Utility Director) 0-090997-4 Mr. Robertson advised that there have been no changes since the first reading. There was no discussion, and there were no citizens to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 532 September 9,1997 - ORDINANCE 090997-4 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEST MAIN STREET SEWER PROJECT - WHEREAS, Action A-040996-1 adopted by the Board of Supervisors on April 9, 1996, approved a sanitary sewer extension along West Main Street, authorized the public/private partnership for construction of the sanitary sewer extension, and appropriated funds; and WHEREAS, Ordinance 072396-5 adopted by the Board of Supervisors on July 23, 1996, authorized the acquisition of necessary water and sewer line easements to construct the West Main Street Sewer Extension; and WHEREAS, the sewer line has been installed and is now in service; and WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, the first reading of the Ordinance was held on August 19, 1997, and the second reading was held September 9, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves the creation of and financing for a local public works improvement project, namely, public sewer extension for a portion of the West Main Street community. Pursuant to Action A-040996-1 of the Board of Supervisors, the total construction cost of this public sewer project, estimated to be $175,000.00, is to be financed as follows: Property Owner Participation General Fund to Provide for Economic Development $ 54,520 120.480 $175,000 The final construction cost was $165,604, with Roanoke County' initial cost being $89,164. Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the "Service Area" is shown and designated on the attached plat entitled "Proposed West Main Street Sanitary Sewer Extension, April 9, 1996" prepared by the Roanoke County Utility Department and identified as Exhibit 1. The West Main Street Sanitary Sewer Service Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public sewer extension to this service area by paying the sum of $6,500 plus $20/foot for road frontage in excess of 100 feet plus full off-site facilities fees applicable at the time of connection; ~, September 9, 1997 533 - thereafter, the cost to participate in the benefits of this service area shall be the prorata share of the construction costs plus the full off-site facility fee in effect at the time of application for utility service, said costs to be paid in full and in advance of connection to the public sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before April 9, 1996, their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a) A down payment of $1 ,500 for off-site facility fee and financing of $6,500 for construction costs (plus $20/foot for road frontage in excess of 100 feet)to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owner agrees to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owner further agrees to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners, Property owner also agrees to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 5. That this Ordinance shall take effect on and from the date of its adoption. Supervisor Harrison moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 3. Second reading of ordinance authorizing the construction of and financing for a Local Public Works Improvement Proiect. Mountain Heights Water Proiect. (Garv Robertson. Utility Directorl 0-090997-5 534 September 9,1997 Mr. Robertson advised that there have been no changes since the first - reading. There was no discussion, and there were no citizens to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Harrison, Nickens, Johnson None ABSENT: Supervisor Minnix ORDINANCE 090997-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, MOUNTAIN HEIGHTS WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Mountain Heights community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on August 19, 1997, and the second reading was held September 9, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of the Mountain Heights community. The total construction cost of this public water project is estimated to be $130,000, to be initially financed as follows: Citizen Participation (19 x $3,155) Advance from Public Works Participation Fund $59,945 $70,055 That there is hereby appropriated for this project the sum of $70,055 from the Public Works Participation Fund'(which was established by the Board of Supervisors on ~ September 9,1997 535 - July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Proposed Waterline Extension Along Mountain Heights Drive" prepared by the Roanoke County Utility Department, dated August 11, 1997, and identified as Exhibit 1. The Mountain Heights Water Project Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $3,155 toward construction costs plus the off-site facility fees applicable at the time of connection (presently $2,690), said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before December 9, 1997, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Payment of $4,500 per property ownerlresidential connection (of which $1,345 is one-half of the current $2,690 off-site facility fee based on a 5/8 inch water meter) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the 19 anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its adoption. Supervisor Harrison moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None 536 September 9,1997 - ABSENT: Supervisor Minnix ~ Second reading of ordinance authorizing the exercise of an option to purchase and authorizing the acquisition and acceptance of approximately 1.809 acres of real estate from David E. Harris. et ux. Dorothy Harris Miller. et. vir. and Carol Harris Likens for Parks and Recreation access DUrDOSes. (John Chambliss. Assistant County Administrator) 0-090997-6 Mr. Chambliss advised that this is the second reading of an ordinance to purchase property that the County plans to use for ingress and egress to properties adjacent to Starkey Park and the Merriman Complex. He advised that there have been no changes since the first reading. In response to an inquiry, Mr. Chambliss advised that the existing residential building is being considered as part of the master plan for the entire site but it will only be used as a maintenance facility and not a residence. The building will probably be demolished to make way for the road access. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix ~ September 9,1997 537 - ORDINANCE 090997-6 AUTHORIZING THE EXERCISE OF AN OPTION TO PURCHASE AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF APPROXIMATELY 1.809 ACRES OF REAL ESTATE (TAX MAP #97.05-01-01) FROM DAVID E. HARRIS, ET UX, DOROTHY HARRIS MILLER, ET VIR, AND CAROL HARRIS LIKENS FOR PARKS AND RECREATION ACCESS PURPOSES WHEREAS, by Resolution #072297-2, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated July 14, 1997, wherein David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase approximately 1.809 acres of real estate, located on the west side of Merriman Road, across from the intersection with Starkey Road, having a street address of 6461 Merriman Road, Roanoke, Virginia, and being designated on the Roanoke County Land Records as Tax Map No. 97.05-01-01, for the sum of $113,000.00; and, WHEREAS, under the terms of said agreement, the option must be exercised on or before September 15, 1997; and, WHEREAS, the property is required to provide future access to new Parks and Recreations facilities; and, WHEREAS, by Resolution #072297-2, the Board of Supervisors appropriated the sum of $118,000 from the 1992 bond account to cover the purchase price of this property and the related costs of acquisition; 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 August 19, 1997; the second reading was held on September 9, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase and acquire from David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens approximately 1.809 acres of real estate, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, located on the west side of Merriman Road, across from the intersection with Starkey Road, having a street address of 6461 Merriman Road, Roanoke, Virginia, and being designated on the Roanoke County Land Records as Tax Map No. 97.05-01-01. 2. That the purchase price of $113,000.00, and the related costs of acquisition up to the sum of $5,000.00, be paid from the 1992 bond account. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option and the acquisition and acceptance of the property, all of which shall be approved as to form by the County Attorney. 538 September 9,1997 4. That this ordinance shall be effective on and from the date of Its - adoption. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: APPOINTMENTS 1... Fire Code Board of Appeals Supervisor Eddy advised that he had asked Chief of Fire & Rescue Burch to furnish the Board with names of citizens who could be appointed. .z.. Grievance Panel Supervisor Nickens nominated Cecil Hill to serve another two year term which will expire September 27,1999. 3. Industrial Development Authority Mr. Hodge advised that Supervisor Minnix had contacted Bill Branch to determine if he wanted to serve another term. 4. Task Force to review problems encountered by the disabled. physicallv challenqed and senior citizens. Supervisor Eddy nominated Denise Swanson and Dee W. Pincock. Supervisor Harrison nominated Mrs. Terry Conner and Reverend Jim Reynolds. Supervisor Nickens advised that he had one nomination to give to the Clerk after the meeting and would have another nominee at the next Board meeting. ~ September 9,1997 539 - IN RE: CONSENT AGENDA R-090997-7: R-090997-7.c: R-090997-7.d: R-090997-7.h Supervisor Johnson moved to adopt the Consent Resolution after discussion of Items 10, 11 and 12. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix Chairman Johnson directed that staff provide the Board with additional information concerning the School Board's purchase of mobile classrooms and Saturday classes at William Byrd High School. RESOLUTION 090997-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L 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 September 9. 1997 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 12, inclusive, as follows: 1. Confirmation of Committee Appointment to the Industrial Development Authority. 2. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section 9. 3. Resolutions of appreciation upon the retirements of: (a) Claude G. Lee, Planning and Zoning Department; and (b) Maxine T. Wiley, Social Services Department. 4. Request from the Sheriffs Office to accept and appropriate the Adult Literacy and Basic Education Program grant. 540 September 9, 1997 5. Request from the School Board to appropriate $3,000 for Title VI, Innovative Education Program Strategies Fund. - 6. Request to appropriate the donations received from Lawrence Transportation Systems and Crouch's Pharmacy for use by the Department of Planning and Zoning for the Williamson Road Hollins Village Project. 7. Resolution amending and readopting Resolution 052896-13.e authorizing the organization of volunteer rescue squad organizations by adding Read Mountain Fire and Rescue, Inc., recognizing same for purposes of "Line of Duty Act" and for certain immunities. 8. Approval of Charter Agreement with Cardinal Criminal Justice Academy for Sheriffs Office and Police Department. 9. Re-allocation of Capital Funds for Capital Improvement Program items. 10. Request from School Board to appropriate funds for purchase of mobile classrooms. 11. Request from School Board to appropriate funds to William Byrd High School's Saturday School. 12. Acceptance of Virginia Compensation Board funds for the purchase of Virginia Criminal Information Network (VCIN) Terminal and reappropriation of funds to Sheriffs Office. 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 after discussion of Items 10, 11 and 12, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CLAUDE G. LEE, PLANNING AND ZONING DEPARTMENT ~ September 9, 1997 541 - WHEREAS, Claude G. Lee was employed on November 27, 1975, by the Planning & Zoning Department as a Zoning Inspector, was appointed Zoning Administrator on April 1, 1985, and has served as a Zoning Enforcement Officer since June 25, 1988; and WHEREAS, Claude G. Lee consistently demonstrated his commitment to Roanoke County citizens by his effective and professional administration of the zoning ordinance, and WHEREAS, Claude G. Lee, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens; and WHEREAS, Claude's Planning Department friends and colleagues will miss his daily friendship and the products of Glenna's baking wizardry! NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CLAUDE G. LEE for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-7.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MAXINE T. WILEY, SOCIAL SERVICES DEPARTMENT WHEREAS, Maxine T. Wiley was first employed on September 15, 1977, as a social worker in the Social Services Department, and has capably served in that position for over nineteen years; and WHEREAS, Maxine T. Wiley always enjoyed working with children and families and was especially helpful to single women with children by serving as a role model, encouraging them in their personal and educational development, and providing information about positive parenting techniques; and WHEREAS, Maxine T. Wiley was always supportive of her clients and promoted self-sufficiency development; and WHEREAS, Maxine T. Wiley, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MAXINE T. WILEY for over nineteen years of capable, loyal and dedicated service to Roanoke County. 542 September 9, 1997 - FURTHER, the Board of Supervisors does express Its best wishes for a happy, restful, and productive retirement. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix = RESOLUTION 090997-7.h AMENDING AND READOPTING RESOLUTION 052896-13.e AUTHORIZING THE ORGANIZATION OF VOLUNTEER RESCUE SQUAD ORGANIZATIONS BY ADDING READ MOUNTAIN FIRE AND RESCUE DEPARTMENT, INC., RECOGNIZING SAME FOR PURPOSES OF THE "LINE OF DUTY ACT" AND FOR CERTAIN IMMUNITIES WHEREAS, by Resolution 042396-2 the Board of Supervisors recognized the existence of the eleven volunteer fire fighting organizations, namely Back Creek Fire Company, Read Mountain Fire Company, Vinton Fire Company, Cave Spring Fire Company, Catawba Fire Company, Hollins Fire Company, Mt. Pleasant Fire Company, Clearbrook Fire Company, Bent Mountain Fire Company, Fort Lewis Fire Company, and the Mason Cove Fire Company, serving Roanoke County, which have been formed in accordance with Section 27-8 of the 1950 Code of Virginia, as amended; and WHEREAS, by Resolution 052896-13.e the Board of Supervisors recognized the existence of the nine volunteer rescue squads, namely Vinton First Aid Crew, Inc., Cave Spring First Aid and Rescue Squad, Inc., Catawba-Mason Cove Rescue Squad, Inc., Mt. Pleasant First Aid and Rescue Crew, Inc., Clearbrook First Aid and Rescue Squad, Inc., Bent Mountain First Aid and Rescue CreW, Inc., Fort Lewis Rescue Squad, Inc., Roanoke County Fire and Rescue Department NO.5 - Hollins, and Roanoke County Fire and Rescue Department No. 11 - Back Creek who are deemed an instrumentality of the County in accordance with the provisions of the Code of Virginia, as amended, and enjoy all the benefits and immunities granted thereunder; and WHEREAS, Read Mountain Fire and Rescue has been licensed by the Commonwealth of Virginia as a transporting agency to serve fully as a rescue squad; and WHEREAS, for such volunteer rescue squads to receive the benefits of the "Line of Duty Act" as provided in Section 2.1-133.5, et seq. of the 1950 Code of Virginia, as amended, recognition by the governing body of the County as an integral part of the County's official safety program is required; and WHEREAS, the County has always recognized the important contributions made by the members of each volunteer rescue squad to the County and wishes to make available the benefits of the "Line of Duty Act" as hereinabove mentioned. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, hereby amends and readopts Resolution 052896-13.e approving the ~ September 9, 1997 543 - organization of the Vinton First Aid Crew, Inc., Cave Spring First Aid and Rescue Squad, Inc., Catawba-Mason Cove Rescue Squad, Inc., Mt. Pleasant First Aid and Rescue Crew, Inc., Clearbrook First Aid and Rescue Squad, Inc., Bent Mountain First Aid and Rescue Crew, Inc., Fort Lewis Rescue Squad, Inc., Roanoke County Fire and Rescue Department NO.5 - Hollins, Roanoke County Fire and Rescue Department No. 11 - Back Creek, and Read Mountain Fire and Rescue Department, Inc., such volunteer rescue squads being organized pursuant the provisions of the Code of Virginia; and BE IT FURTHER RESOLVED that each volunteer rescue squad organization in Roanoke County, Virginia, so recognized by the Board of Supervisors of Roanoke County, Virginia, shall enjoy all the benefits and immunities provided in by the 1950 Code of Virginia. That the Board of Supervisors does fully recognize the contributions made to the County by the members of the volunteer rescue squads. Supervisor Johnson moved to adopt the resolution. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddy: (1) He advised that he attended the Garst Mill Greenway grand opening on August 2, 1997 and suggested dedicating a funding source for greenway construction on a year-to-year basis. (2) He asked about the status of the work session on outdoor signage. Mr. Hodge responded that most of issues have been worked out and that Terry Harrington, Director of Planning and Zoning, will report back to the Board. (3) He asked for support to contact the legislators with a position on the delay of the EAP air pollution limits legislation. There was no consensus to contact but Mr. Hodge was directed to call the localities and get additional information. (4) He advised that the reauthorizing of ISTEA in Congress may include provisions that remove the existing local control over designation of scenic byways and All-American roads, and asked for support to contact legislators. Mr. Hodge was directed to prepare a response. (5) He asked for a clarification 544 September 9,1997 - of the positions by Mr. Mahoney and Mr. Hodge regarding the Capital Improvement - Program preparation. It was the consensus of the Board to submit the CIP to the Planning Commission for input and then bring to the Board. (6) He advised that Roanoke City and Roanoke County are considering a skateboard facility. (7) He asked for the status of the low band radio on the Blue Ridge Parkway. Mr. Hodge advised that he will have an answer from the Blue Ridge Parkway soon, will keep the Board informed, and will check on the availability of the federal funds. (8) He asked for the status of the suggestions in his August 27, 1997 memorandum about establishing a Task Force for Senior Citizens. It was the consensus of the Board to implement the suggestions. (9) He advised that information was received from the Virginia Department of Transportation about new legislation that will allow unpaved roads with certain width and traffic counts to be added to the unpaved road list, and asked that staff put together list of roads that qualify. Mr. Hodge responded that staff will look at this again and report back to the Board. (10) He received a memorandum from Mr. Hodge asking for the Board members' input on the Virginia Municipal League Finance Steering Committee legislative policy for the General Assembly. Mr. Hodge advised that Supervisor Eddy's suggestions were incorporated in the final report. (11) He advised that the National Park Service plans to expand the Appalachian Trail parking lot at the top of Catawba Mountain, and asked that a letter of support be sent. Terry Harrington, Director of Planning & Zoning, advised that a letter of support has been sent. (12) He advised that due to a state legislative change, the Fifth Planning District Commission must have a strategic plan every five years. That plan is complete and has been submitted to the County. He asked that the staff review the plan ~ September 9, 1997 545 - to make recommendations. (13) He asked about the status of the Regional Bikeway Plan. He suggested that staff review it and bring it back for formal approval. (14) He asked about the status of the Rural Park & Ride and asked that staff indicate approval. (15) He asked about the status of changes in CORTRAN and when to expect an evaluation. Mr. Chambliss responded that they are in the process of collecting data for the report. (16) He asked about the status of having emergency medical dispatchers. Mr. Hodge advised that the staff has looked at this but they are not ready to go forward. Supervisor Harrison: (1) He advised that it is regrettable, as he saw in the newspaper article today, that efforts to combine health insurance for the localities were unsuccessful. Chairman Johnson advised that Mayor Bowers, City of Roanoke, called him earlier today to express his regrets. Director of Finance Diane Hyatt answered questions and advised that the Consortium will still meet on a quarterly basis to pursue occupational health and dental insurance, and will continue to pursue health insurance. (2) He asked for the status of storm water management and Dr. Harris' problem. Assistant Director of Engineering & Inspections George Simpson responded. Supervisor Eddy asked for a reply from staff to his memorandum of July 15, 1997 concerning storm water management including a source for the funding. (3) He advised that the promotional TV spots for the Marine Mud Run at Green Hill Park are being broadcast with the park being identified as Salem Green Hill Park. He will call the station about this. IN RE: REPORTS 546 September 9,1997 Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisor Minnix absent. 1... General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance ;L Board Contingencv Fund 4. Statement of Revenues and Expenditures as of July 31.1997 5. Accounts Paid - Julv 1997 §. Proclamations sianed by the Chairman - IN RE: WORK SESSION 1. Permitted Uses in C-1 and C-2 Zoning The work session was held from 5:15 p.m. until 5:55 p.m. Director of Planning & Zoning Terry Harrington reviewed the purposes of the C-1 Office District and the C-2 General Commercial District, the allowable land use types in each district, and specific examples of each. Several corridor studies were also discussed and it was the Board's suggestion that it would be helpful if more corridor studies were to be done after the Comprehensive Study is completed. INRE: EXECUTIVE SESSION At 5:15 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (3) Acquisition of real estate for public ~ September 9, 1997 547 - purposes; emergency communications tower site; (3) Disposition of publicly held property; (7) Consultation with legal counsel and briefing by staff pertaining to specific matters requiring legal advice, Town of Vinton; and (7) Consultation with legal counsel regarding pending litigation; Ohio Cellular The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: CERTIFICATION OF EXECUTIVE SESSION R-090997-8 At 6:50 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-8 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: 548 September 9,1997 ~ 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: NEW BUSINESS 1. Destination Education Mr. Hodge updated the Board on the activities of the Destination Education group which is promoting the development of an Education Center in Roanoke. IN RE: ADJOURNMENT At 7:06 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Minnix absent. Submitted by, Approved by, &...4 ~. fJ-M~ Brenda J. H ton . Deputy Clerk