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12/2/1997 - Regular ~ December 2,1997 719 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 2, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of December, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Vice Chairman, Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Roanoke County Ombudsman. The Pledge of Allegiance was recited by all present. 720 December 2, 1997 = INRE: REQUESTS TO POSTPONE, ADD TO. OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added Executive Session Item 2.1-344 A (5) - Discussion of an economic development prospect. Supervisor Minnix announced that he had to leave to 4:00 P.M. and asked Chairman Johnson to move approval of an ordinance regarding an issue in his district if he was not present at that time. INRE: BRIEFINGS ~ Police DeDartment Reaccreditation. fRay Lavinder. Police Chief) Mr. Hodge recognized Chief Lavinder, Terrell Holbrook and Linda Payne for their work on the reaccreditation of the Police Department. Chief Lavinder updated the Board on the reaccreditation process. He advised that the Police Department must reapply for reaccreditation every three years. Chief Lavinder explained that part of the reaccreditation process involves an outside independent group that travels to the County to verify what is being done in the County Police Department. There were four other Virginia localities being reaccredited at the same time as Roanoke County. INRE: NEW BUSINESS ~ Request for apDropriation to comDlete proiects at the Valley Gateway Business Park in eastern Roanoke Countv. (Tim ~. December 2,1997 721 - A-120297-2 Gubala. Economic Development Director) Mr. Gubala reported that Roanoke County executed a mUlti-party agreement in 1996 with the Greater Roanoke Valley Development Foundation, the Industrial Development Authority and Fralin and Waldron regarding the construction of a shell building and development of Valley Gateway. On November 19, 1996, the Board of Supervisors approved $599,250 to fund the project. Completion of the shell building and industrial access road are scheduled for January 1998. The actual cost for completion of Valley Gateway is estimated to be $609,312 which is $10,062 higher than the funds appropriated in 1996. The cost of the site was higher because the final survey showed that additional acreage needed to be conveyed to the Foundation. Mr. Gubala requested that the Board authorize an expenditure of $10,062 from the Economic Development Capital Account to complete the project. Supervisor Johnson moved to approve appropriation of $10,062.54 from the Economic Development Capital Account. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Eddy, Harrison, Nickens, Johnson None Supervisor Nickens Z. Resolution adopting a leaislative proc;Jram for the 1998 session of the VirQinia General Assemblv. (Paul Mahonev. County 722 December 2,1997 Attorneyl Mr. Mahoney presented the legislative program advising that there were some modifications from the resolution adopted by the Board on May 27, 1997. He reported that he is trying to set up a meeting with the Roanoke Valley · agislators for January 5, 1998. Supervisor Minnix moved to adopt the resolution Supervisor Johnson advised that he had concerns about charter schools and would support an addition to the resolution opposing charter schools. Supervisor Minnix responded that he is currently studying information on charter schools and suggested delaying any action until the next meeting. School Board Chairman Michael Stovall and School Superintendent Deanna Gordon addressed the Board and requested that the Board of Supervisors include opposition to Charter Schools as part of their legislative program. Following discussion, Supervisor Minnix withdrew his motion to adopt the resolution and it was the consensus of the Board to continue this item until December 16, 1997 so that Supervisor Nickens could participate in the discussion and vote. Chairman Johnson asked that the portion of the resolution addressing charter schools parallel the School Board resolution. ~ Request for authorization to create a self balancing maintenance and reDair account for residential structures and farm fields in the COlporate Technology Park. (Melinda Cox. Economic Development SDecialist) - -. December 2,1997 723 - A-120297-3 Ms. Cox reported that the property recently purchased by the County from Glenn Mary Associates included three occupied houses and 200 acres of fenced farm land. The County plans to continue rental and leasing arrangements for the next two years. Staff is requesting that the income from the rental and lease of property be set aside in a Maintenance and Repair account to defray future expenses on the property. Supervisor Eddy asked how the name Corporate Technology Park was chosen. There was general consensus from the Board that they would prefer another name and asked that staff bring back recommendations to name the project. Supervisor Minnix moved to approve the account for maintenance and repair. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens ~ Request for additional appropriation for the underground storage tank removal proiect. (William Rand. General Services Director) A-120297 -4 Mr. Rand advised that General Services has been coordinating the removal of underground storage tanks on County properties. $160,000 was appropriated for removal of the tanks but staff could not predict the cost of remedial action if the tanks 724 December 2,1997 leaKed product Into the sOils. t-OIlOW up remealatlon work will be reqUlrea at the tsent Mountain and Cave Spring sites where leakages have occurred. There are also two additional tanks at the Jail/Courthouse and Kessler Mill Road facility that must be removed. - Mr. Rand advised that $65,983 additional funds are needed to complete the removal of tanks and remediation. Finance Director Diane Hyatt recommended that the funds be appropriated from the Board Contingency Fund. In response to a question from Supervisor Johnson, Mr. Rand advised that there were no more fuel storage tanks underground. Supervisor Johnson moved to approve $65,983 from the unappropriated fund balance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson NAYS: None ABSENT: Supervisor Nickens IN RE: ABSENCE Supervisor Minnix left the meeting at 4:00 p.m. IN RE: PROCLAMATIONS. RESOLUTIONS. RECOGNITIONS, AND AWARDS 1... Resolution of Congratulations to the William Byrd Hiah School Golf Team for winning the Group AA State Championship. R-120297-1 -, December 2,1997 725 - - Chairman Johnson presented the resolution to Coach Tim ChocKlett and members of the team. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens RESOLUTION 1202~7-1 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL GOLF TEAM FOR WINING THE 1997 AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Golf Team, won the 1997 AA State Championship, shooting 29 shots better than Salem, the second place team; and WHEREAS, the William Byrd golf team also won the Group AA State Championship in 1992, and during this season won the Heritage Invitational Championship and the Region III Championship. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the William Byrd High School Golf Team: Robbie Craft, MiKe Damiano, Scott Wise, Tommie Austin, Brian Mahanes, Chris Koon, Marc Patrouch, and Coach Tim Chocklett, for their athletic ability, their team spirit, and their commitment to each other; and FURTHER, BE IT RESOLVED, that the Board of Supervisors extends its best wishes to the team members, the coach, and the school in their future endeavors. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: FIRST READING OF ORDINANCES ~ First readinc;J of ordinance authorizing the construction financina. 726 December 2,1997 - and acquisition of necessary easements for the Carson Road - Sanitarv Sewer Proiect. (Garv Robertson. Utilitv Director) Mr. Robertson reported that the Carson Road Sanitary Sewer Project is being constructed to provide sanitary sewer service to the Carson and East Ruritan Road area. The project plans incorporate the configurations of the Valley Gateway Industrial Park, East Ruritan Road sewer shed and Plantation Road subdivision. The low bid was $209,052, and the total project funding is estimated at $250,000. Funds are to be provided from the Economic Development Department, the developer, Plantation Grove subdivision (savings from not installing a planned sewer pump station) and sewer off-site facility fee credit from 45 lots of the Plantation Grove subdivision. Supervisor Johnson moved to approve the first reading and set the second reading for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens 2. First readinQ of ordinance authorizing the construction of and financing for a local public works imDrovement proiect - Richland Hills Drive Water Proiect. (Garv Robertson. Utility Director) Mr Robertson advised that several residents in the Richland Hills Drive subdivision have petitioned Roanoke County for public water service because of poor -, December 2,1997 727 ~ water quality and a water shortage. Due to the response, a limited water project was selected that would include 28 properties along Richland Hills Drive and the project could also serve the Roanoke College Investment Corporation. The estimated cost of construction is $88,550 and the cost per property owner would be $4,500. Letters were sent to the residents in Richland Hills Drive subdivision and 10 responded affirmatively which is 35% of the available properties. Mr. Robertson explained that although the project failed to meet the 50% participation rate, additional funds will be recovered from the development of the Roanoke College property. He requested that the Board approve construction of the water line at a cost of $88,550 with funding coming from the participating property owners, the Public Works Participation Fund and the North Transmission Line Project. In response to a question from Supervisor Harrison, Mr. Robertson advised that the residents have 90 days from when the Board approved the project to sign up for inclusion. Supervisor Harrison moved to approve the first reading and set the second reading for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ~ First reading of ordinance arnending the Roanoke County Code by the addition of Section 15-5.1 of a Public Tree Ordinance. 728 December 2,1997 which provides for the reaulation ofjilantino. maintenance. and removal of trees on public property. (Janet Scheid. Assistant Director of PlanninQ and Zoning) Ms. Scheid advised that representatives from Valley Beautiful, the Urban Forest Council and the Virginia Department of Forestry have requested that the County adopt a public tree ordinance to protect county-owned trees on county-owned property. Adoption of the ordinance would assist these organizations in obtaining grant funds for greenway development and other beautification efforts. Ms. Scheid advised that the ordinance will be refined to determine who will be responsible for enforcement of the ordinance and more information will be brought to the second reading. In response to a question regarding fiscal impact from Supervisor Johnson, Mr. Hodge advised that staff did not anticipate any additional expenses. Supervisor Eddy moved to approve the first reading, with staff to clarify the ordinance and provide a financial impact statement for second reading on December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ~ ~ First reading of ordinance to amend in a and reenactina Section 22-82. "Rates and Fees" and Section 22-86. "Unpaid Bills" of Chapter 22. "Water" of the Roanoke County Code to change ------- -------------------------- December 2,1997 729 =- utili~ billing procedures related to deDosits and delinauent collections. (Diane Hyatt. Finance Director) Ms. Hyatt reported that the Board requested that the staff review the current Utility Billing policies such as delinquent collections, refund of deposits a~er good payment and changes in the bill format. While some of these changes would require extensive reprogramming, staff can address the delinquent collections and refund of deposits after good payment history. The new method will charge a $20 disconnect fee and escalating reconnect fee up to $120 based on the number of times the customer has been disconnected under this new system. These fees would be non-refundable. Ms. Hyatt also advised that staff has proposed a new policy to refund additional security deposits imposed under the old method after the customer has demonstrated a year of good payment history. Supervisor Eddy explained that he recommended additional changes to the ordinance in a memo and asked Ms. Hyatt if any of them could be implemented. Ms. Hyatt responded that they could set a five-year limitation in the time for which the reconnection fees apply and that they would refund all deposits except the initial deposit. Supervisor Eddy moved to approve the first reading with the five year cutoff language included in the ordinance for the second reading and public hearing scheduled for December 16,1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens 730 December 2, 1997 - ~ First readina of ordinance accepting the donation of - approximately 3 acres of real estate from the Commonwealth of Virainia. by its Department of Mental Health and Mental Retardation. to Roanoke County. located north and west of the Catawba Fire Station off Route 320. fPaul Mahoney. County Attorney) There was no discussion on this item. Supervisor Harrison moved to approve the first reading and set the second reading for December 16, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens IN RE: SECOND READING OF ORDINANCES ~ Second reading of ordinance authorizing the lease of office space for use bv the Court Service Unit staff for Crime Control Grant staff members. (John M. Chambliss. Jr.. Assistant County Administrator) 0-120297-5 There was no discussion of this item. Supervisor Eddy moved to adopt the ordinance. The motion carried by the - December 2,1997 731 - following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ORDINANCE 120297-5 AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR THE COURT SERVICES UNIT 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 Charter of Roanoke County and pursuant to the authority found in §§ 15.1-262 and 15.1-897 of the 1950 Code of Virginia, as amended, the acquisition of any interest in real estate, which includes a lease of office space, shall be accomplished by ordinance; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on November 18, 1997, and the second reading was held on December 2, 1997, concerning the lease of office space for the use of the Court Service Unit at the Salem Bank and Trust Building in the City of Salem, together with all appurtenances thereto belonging; and 3. That this lease is with East Main Street Properties, L.L.C. of approximately 550 square feet of office space for a term commencing the 1st day of January, 1998, and ending the 31st day of December, 1998, for an annual rental of $4,812.50, payable in equal monthly installments of $401.04. 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens .2.. Second reading of ordinance authorizing quitclaim and release of a water and sanitary sewer easement within boundaries of 732 December 2,1997 ,- Chaaall Drive and located between Lot 1; Block 3, Section 2 and - Lot 3A. Block 2. Section 1 of the Gardens of Cotton Hill. fArnold Covev. Engineerina & Inspections Director) 0-120297-6 There was no discussion of this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ORDINANCE 120297-06 AUTHORIZING QUIT-CLAIM AND RELEASE OF WATER AND SANITARY SEWER EASEMENT WITHIN BOUNDARIES OF CHAGALL DRIVE AND LOCATED BETWEEN LOT 1, BLOCK 3. SECTION 2, AND LOT 3A, BLOCK 2. SECTION 1, OF THE GARDENS OF COTTON HILL. WHEREAS, in order for Chagall Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release of an existing water and sanitary sewer easement within the boundaries of Chagall Drive and located between Lot 1, Block 3, Section 2, and Lot 3A, Block 2, Section 1, of the Gardens of Cotton Hill, to the Commonwealth of Virginia, subject to certain conditions; and, WHEREAS, it will serve the interests of the public to have Chagall Drive accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the Roanoke County Utility Department. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 18, 1997; and a second reading was held on December 2, 1997; and, ~ December 2,1997 733 - 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Chagall Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-c1aim and release of the water and sanitary sewer easement within the boundaries of Chagall Drive and located between Lot 1, Block 3, Section 2 and Lot 3A, Block 2, Section 1 of the Gardens of Cotton Hill, to the Commonwealth of Virginia, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and sanitary sewer lines or facilities. b. The facilities located within the 50-foot right-of-way, between Lot 1, Block 3, Section 2, and Lot 3A, Block 2, Section 1, of the Gardens of Cotton Hill, may continue to occupy the street or highway in the existing condition and location. c. The release would be for so long as the subject section of Chagall Drive is used as part of the public street or highway system. 4. That the subject easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 3. Second reading of ordinance authorizing the vacation of a portion of a Dlatted. unnamed. abandoned 90' right-of-way as shown on the map of Lee Mitchell Subdivision. recorded in Plat book 3. Page 203. and located in the Catawba Magisterial 734 December 2, 1997 Distriçt. (Arnold Covey. Engineering & Inspections Director) - 0-120297-7 There was no discussion of this item. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens ORDINANCE 120297-07 VACATING AND CLOSING AN UNIMPROVED, UNNAMED AND UNUSED RIGHT-OF-WAY SHOWN ON PLAT OF LEE MITCHELL SUBDMSION AND DESIGNATED AS TAX MAP NO. 44.04-2- 37.3 ON THE ROANOKE COUNTY LAND RECORDS WHEREAS, Thomas Moore, the petitioner, has requested that the Board of Supervisors of RoanoKe County, Virginia, vacate and close an unimproved, unnamed and unused right-of-way, ninety feet (90') in width at its intersection with Wildwood Road (Virginia Secondary Route 619), shown on the plat of Lee Mitchell Subdivision recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 203, and designated on the Roanoke County Land Records as Tax Map No. 44.04-2-37.3, in the Catawba Magisterial District of Roanoke County, Virginia; and, WHEREAS, §15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and the public hearing and first reading of this ordinance was held on November 18, 1997; and the second reading of this ordinance was held on December 2, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unnamed, and unused right-of-way, being ninety feet (90') in width at its intersection with Wildwood Road (Route 619), shown on the plat of Lee Mitchell Subdivision recorded in the aforesaid Clerk's Office in Plat BOOK 3, page 203, being designated on the Roanoke County Land Records as Tax Map No. 44.04-2-37.3 and being specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and closed pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, - December 2, 1997 735 - 2. That this vacation shall be subject to the rights of the owners of any existing public utility installations as provided in §15.1-483 of the Code of Virginia, (1950, as amended). 3. That 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 Petitioner, Thomas Moore, or his successors or assigns; and, 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens INRE: APPOINTMENTS ~ Blue Ridge Communiw Services Board of Directors Supervisor Eddy nominated Susan Scheibe to another three year term which will expire December 31, 2000. 2. Commission for Senior and ChallenQed Citizens. ~ Library Board Supervisors Eddy asked Clerk Mary Allen to inform Supervisor-Elect Joe McNamara concerning this appointment. ~ Social Services Advisory Board Supervisor Eddy advised that he received the resignation of Jan Dowling, Windsor Hills District member of the Social Services Advisory Board. He referred this appointment to Supervisor-Elect Joe McNamara. 5. Fifth Planning District Commission 736 December 2,1997 Supervisor E:ddy announcea mat ne woulO De InellglDle to serve as the = elected representative to the Fifth Planning District commission after January 1, 1998. IN RE: CONSENT AGENDA R-120297-8: R-120297-8.b: R-120297-8.c: R-120297-8.d: R-120297-8.e Supervisor Johnson moved to adopt the Consent Resolution after discussion of Item 4. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens Supervisor Eddy asked that Item 4 be added to the Legislative Program resolution to be brought back on December 16,1997. RESOLUTION 120297-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 2, 1997 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Confirmation of Committee Appointments to the Commission for Senior and Challenged Citizens, the Library Board, and the Planning Commission. 2. Request for acceptance of Chadsworth Court and a portion of Scotford Court in the Virginia Department of Transportation Secondary System. ~ December 2, 1997 737 - 3. Request for acceptance of Chagall Drive into the Virginia Department of Transportation Secondary System. 4. Resolution of Support to increase the "Two-for-Life" funding for the benefit of rescue squads to a "$4-for-Life" Program. 5. Request to reallocate unexpended monies from the Virginia Juvenile Community Crime Control Act (VJCCCA) Crime Control Grant. 6. Donation of a variable width sanitary sewer easement along the south side of original Route 687 across property of Lions Club of Cave Spring District Inc. and property of Edward L. Lester. 7. Donation of an additional 5 foot drainage and sanitary sewer easement on property owned by Triangle Developers, Inc. 8. Acceptance of water and sanitary sewer facilities serving Parkway Place, Section 1. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens RESOLUTION 120297-8.b REQUESTING ACCEPTANCE OF CHADSWORTH COURT AND PORTION OF SCOTFORD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and 738 December 2, 1997 BE IT FURTHER RESOLVED, this Board guarantees a dear and unrestncted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: - Supervisor Johnson None Required Supervisors Eddy. Harrison. Johnson ~ SUDervisors Minnix. Nickens RESOLUTION 120297-8.c REQUESTING ACCEPTANCE OF CHAGALL DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Reauired Supervisors Eddy. Harrison. Johnson NQœ Supervisors Minnix. Nickens RESOLUTION 120297-8.d SUPPORTING THE INCREASE OF THE "TWO- FOR-LIFE" FUNDING FOR THE BENEFIT OF RESCUE SQUADS TO A "S4-FOR-LlFE" PROGRAM WHEREAS, the emergency medical services system of the Commonwealth December 2,1997 739 of Virginia provides invaluable service to the citizens of Virginia; and WHEREAS, there exists a need to adequately fund the infrastructure of the E.M.S. system, which includes funds that are returned to the localities for EM.S., funds for equipment grants, support for the regional EM.S. councils, and funding for training and many other elements of the EM.S. system; and WHEREAS, funding for all of these needs has remained constant for the past seven years, and is provided totally through the "Two-for-Life" motor vehicle registration add-on special fund without any support from the State's general fund; and WHEREAS, the Board of Supervisors of the County of Roanoke recognizes the increased costs to operate Virginia's EM.S. system, and the need to increase that source of funding to carry the system into the next century and to meet the many increased demands. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke does hereby endorse the proposed "$4-for-Life" initiative to be presented to the Virginia General Assembly at its upcoming session; and FURTHER RESOLVED that the Board of Supervisors of the County of Roanoke communicates this endorsement to appropriate members of the Virginia General Assembly. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens RESOLUTION 120297-8.e REQUESTING THE RE-ALLOCATION OF VJCCCA CRIME CONTROL MONIES FOR THE 1996-98 BI-ENNIUM WHEREAS, the County of Roanoke has previously submitted budget plans for the expenditure of the VJCCCA Crime Control monies for each fiscal year of the biennium to the Department of Juvenile Justice, and WHEREAS, at June 30,1997, $246,008 of the County's allocation remained unspent which we now need to allocate to different categories to pay for services to the qualified youth of our community, and WHEREAS, in order to reallocate said monies, a resolution of support from the governing body and letters of support from the Court Service Unit and Juvenile Court are to be submitted to the Department of Juvenile Justice for consideration. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Department of Juvenile Justice is hereby requested to reallocate the unspent monies from FY 1996-97 for use during FY 1997-98 in the following categories: Operating Expenses for the Part-time staff $ 6,008 740 December 2, 1997 Purchase of :Services - (;nsls Intervention Purchase of Services - Residential - Public Purchase of Services - Residential - Private Purchase of Services - Non-residential Total öU,UUU 60,000 60,000 60.000 $246,008 - BE IT FURTHER RESOLVED that the Court Service Unit and Juvenile Court is requested to submit letters of support to the Department of Juvenile Justice in this matter. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson asked that the Board members give available weekend dates for the upcoming Board Retreat to Board Clerk Mary Allen by December 4,1997. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddy: (1) He advised that the Board received an e-mail from Dick Hamlen asking about raising the personal property tax rate. Chairman Johnson responded that he discussed this with Mr. Mahoney and Mr. Hodge and the tax rate will be made retroactive to January 1997. Supervisor Minnix will respond to Mr. Hamlen. (2) He advised that a resident in his district asked whose responsibility it was for leaves blowing into the street when residents raked them to the edge of the road. He explained that Mr. Hodge offered to help. Mr. Hodge has written a letter to the neighbors but has not yet received a response. (3) He reported that he had placed bagged leaves out three weeks ago but they have not yet been collected. Mr. Hodge explained that the leaves ~ December 2,1997 741 = were picked up on regular solid waste collection dates but they were behind because of the holidays. (4) He asked if there was any conclusion on changes to the County holiday schedule. Mr. Hodge advised that they were reviewing but had no recommendation yet. (5) He asked about the ordinance change restricting front yard fences. Mr. Hodge responded that this had been discussed with Terry Harrington and Mr. Mahoney, and the difficulty is enforcement. He will check with Mr Harrington and report back. (6) He advised that he sent a memorandum regarding the storm water management plan and is concerned about the lack of movement in the project, and that no action has been taken on the Fifth Planning District Commission study. He suggested a worK session on the County approach. Mr. Hodge advised that the consultant was bringing an update to all the localities. Chairman Johnson suggested adding this to the next joint meeting with Roanoke City Council. (7) He received a report from the Fifth Planning District Commission on three bikeway plans and asked if the Board would review and make recommendations. He explained that VDOT considers bikeway plans only if the locality adopts them. Mr. Hodge will check and report back. (8) He announced that Mr. Mahoney did not have time to revise the Policy Manual so he has sent memorandums to department heads requesting that they revise the areas that affect their department and report back to him within a week. (9) He reported that he had prepared a simplified CAFR and sent it to the Board for responses from them. Mr. Hodge advised that there are standards that the CAFR must adhere to but that a separate CAFR could be developed if the Board is willing to fund the additional cost. Mr. Hodge will check on cost and report back. (10) He announced that the Resource Authority has agreed to continue funding the recycling drop 742 December 2, 1997 off locations at various Kroger Stores. SUDervisor Harrison: (1) He has received several calls on the Comprehensive Plan and asked for an update. Mr. Hodge responded that a work session is scheduled for December 16, 1997. (2) He announced that there was a problem with the traffic light in front of Krogers on Route 460 and hoped that it would be fixed very soon because it creates a dangerous traffic situation. Supervisor Johnson: (1) He expressed sympathy to Mr. Hodge on the death of his mother-in-law. (2) He expressed concern that Roanoke Valley Television is being underutilized and felt that the County needed to budget more money toward the station so that it could be better used. (3) He announced that the Christmas Tree Lighting will be December 4 at 7:00 p.m. at the Brambleton Center. - INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote with Supervisors Minnix and Nickens absent. 1... General Fund Unappropriated Balance 2. Capital Fund UnaDDropriated Balance 3. Board Contingencv Fund ~ Proclamations sianed by the Chairman IN RE: EXECUTIVE SESSION -. December 2,1997 743 At 5:10 P.M., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (7) consultation with legal counsel concerning negotiations for an agreement with City of Roanoke and 2.1344 A (5) discussion of economic development prospect. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and Nickens IN RE: CERTIFICATION OF EXECUTIVE SESSION R-120297-9 Supervisor Johnson moved to return to open session at 5:30 p.m. adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix and NicKens RESOLUTION 120297-9 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: 744 December 2, 1997 - 1. Only public business matters lawtully exemptea 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, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens - INRE: DISCUSSION There was an open discussion of the Lowe's project and Total Action Against Poverty with the Board of Supervisors. IN RE: ADJOURNMENT Chairman Johnson declared the meeting adjourned at 5:40 p.m. . Submitted by, Approved by, ~».~ Mary H. Allen, CMC Clerk to the Board