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5/28/1996 - Regular 1\fßY 2R~ 19?~ .-m 1 - ~ Roanoke County Board of Supervisors Roanoke county Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 28, 1996 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1996. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3: 01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix (Arrived 3:04 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, community Relations IN RE: OPENING CEREMONIES The invocation was given by Dr. M. Douglas Newman, 334 May 28, 1996 I Evangelism Minister, Cave Spring united Methodist Church. The Pledge of Allegiance was recited by all present. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added three executive session items pursuant to the Code of Virginia, section 2.1-344 A (7) legal matter; (3) acquisition of real estate and (7) legal matter. Mr. Mahoney advised that he had received requests to continue Item 8, public hearing and second reading of an ordinance concerning a well lot in Hunting Hills, until the-first meeting in June. Supervisor Johnson directed that the item remain on the agenda for discussion and public hearing and could be continued at that time. IN RE: IN RE: BRIEFINGS ÅL Briefing on Real Estate Assessment Process Mr. Hodge explained that he had requested that a review be conducted of the County assessment process and Michael Quinn, Assessor for Norfolk Southern, assisted by several others volunteered to conduct the review,. Mr. Quinn reported that the performance of the Assessor's Office was reviewed with the following criteria: are there objective measurements with which to evaluate and are the measurements satisfactory? He explained how the County conducts -. May 28, 1996 ---3J5 - --- an assessment/sales ratio study, and described the coefficient of dispersion. A comparison of the 1995 sales with the 1996 assessed values of those parcels showed a median of 94.58 and a coefficient of dispersion of 5.86 which indicates a good level of assessment and a high degree of uniformity. Mr. Quinn concluded that the Roanoke County Assessor and his staff have performed their duties well. IN RE: NEW BUSINESS ÅL Request for approval of the Fiscal Year 1996-97 School Board budget. (Dr. Deanna Gordon. School Superintendent) R-052896-1 Dr. Gordon reported that the school's operating budget is $79,912,607 with $42.8 million appropriated from the County which is a 5% increase in revenues. She advised that one-half of the new BPOL revenue would be set aside for 1997-98 debt. supervisor Nickens moved to approve the budget and adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None Mr. Hodge was asked to bring back a study of the School Board Garage in October, 1996. Ms. Hyatt was asked to provide information to the Board members about the "Harper Settlement" 336 May 28, 1996 revenues. RESOLUTION 052896-1 APPROVING THE FISCAL YEAR 1996-97 BUDGET FOR THE COUNTY SCHOOL BOARD FOR ROANOKE COUNTY, VIRGINIA WHEREAS, section 22.1-93 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget for educational purposes; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1996-97 for the educational purposes of the County School Board for Roanoke County, virginia, as follows: Budget FY 1995-96 Budget FY 1996-97 FUND School Operating $ 76,103,239 $79,912,607 Fund May 28, 1996 - ~_._---- ~ -- - Cafeteria Fund 2,995,000 3,017,000 Grants Fund 1,652,032 1,498,253 Textbook Fund 777,283 814,526 Capital Fund 1,500,000 0 TOTAL $ 83,027,554 $ 85,242,386 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request for approval of proposed 1997 legislative program to be submitted to virginia Association of Counties. (Paul Mahoney. county Attorney) R-052896-2 Mr. Mahoney reported that each year, the virginia Association of Counties (VACo) requested its membership to submit recommendations for proposed legislation for inclusion in VACo's legislation program. Mr. Mahoney explained that these requests differ from Roanoke County's legislative requests which are more 338 May 28, 1996 specific and unique to the County. Supervisor Minnix moved to approve the resolution. There was no vote. There was discussion on the item supporting the creation of a transportation district which specified using the proceeds to fund primary and secondary road project. supervisor Nickens suggested removing this language. supervisor Nickens offered a substitute motion to approve with changes to Section K deleting the language regarding the use of funds for primary and secondary road projects. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052896-2 RECOMMENDING LEGISLATIVE PROPOSALS TO THE VIRGINIA ASSOCIATION OF COUNTIES FOR THE 1997 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1997 session of the Virginia General Assembly; and WHEREAS, the Board has recommended these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as part of the Legislative Program of Roanoke County for the 1997 session of the virginia General Assembly. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative proposals are submitted to the Virginia Association of Counties for consideration in its 1997 Legislative Program. ---","" May 28, 1996 3J.9--------.---- - - -.---.- --- --" ~ ...,..- ,~. -- I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected' school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. 3) Local school divisions should be authorized to establish opening dates for school. 4) Disparity funding should be based not only upon the number of students eligible for free or reduced fee' lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Roanoke County supports legislation amending the heart/lung/cancer presumption statute for Workers' Compensation to restore balance to the rebuttal process. compensability shall be determined by establishing whether work or non-work related risk factors (life-style choices such as smoking, poor nutritional habits, lack of exercise, or obesity, or non-work related stress and familial history) are more likely the primary cause of the medical condition. In addition, Roanoke County opposes any further expansion of this statute. C. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments. section 10.1-1411 imposes a 25% recycling mandate on local governments. The 1995 session of the General Assembly 34D May 28, 1996 adopted the Waste Hauler Displacement Bill which severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. D. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Addi tional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. E. Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. This would require groundwater and methane gas monitoring, financial assurances from the owner/operator, and local governing body certification of compliance with all local ordinances. F. Roanoke County supports legislation amending section 14.1-46.0: 1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. G. Roanoke County supports continued and increased funding for the Comprehensive Services Act, the virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional competitiveness Act. H. Roanoke County opposes the provisions of H.B. 1513 (legislation carried over from the 1996 session) which would shift more of the costs of water and sewer facilities and operations from the homebuilders to the individual consumers. This legislation claims only to require "fair and reasonable" water and sewer connection fees, yet its practical effects are to shift costs and expenses to the existing utility customer, jeopardize new and existing revenue bond covenants, and impose a "one size fits all" mandate on local governments and water and sewer authorities. I. Roanoke County opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing. May 28, 1996 341.. -~- ~ '.Q . '~-'-'~-"-----~"._---- _ _Æ _,___..~__ J. Roanoke County supports authority to impose an additional one-half percent (~%) local option sales tax. K. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. II. That the Clerk to the Board of supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties, members of the General Assembly representing the Roanoke Valley, and to the Town council of the Town of Vinton, City Councils of the city of Salem and the city of Roanoke, and the Boards of supervisors of the Counties of Bedford, Botetourt, craig, Floyd, Franklin, and Montgomery counties. On substitute motion of supervisor Nickens to adopt the resolution with section K amended, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Consideration of virginia Retirement system (VRS) funding options for cost of living allowances (Diane Hyatt. Finance Director) A-052896-3 Ms. Hyatt reported that House Bill 1406 requires the prefunding of a 3 percent cost of living adjustment (COLA) over a period of five years beginning in 1997/98. The Governor's budget did not fully fund the COLAs but instead included funding for state employees and the teacher's group over a five year period. The County and School Board must adopt a resolution to elect to either immediately fund the COLAs in 1997-98 or begin to fund the 342 May 28,1996 COLAs over a five year period. Ms. Hyatt presented an analysis of the financial impact of the two options for the County and school nonprofessional groups through 2004-05. Staff recommended funding the COLAs over a five year period. Supervisor Minnix moved to approve the phased in five- year funding option. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Mr. Hodge was asked to advise the School Board concerning the option chosen. ~ Request to approve provision for the purchase of prior service credit in the virginia Retirement System (VRS). (Diane Hyatt. Finance Director) A-052896-4 Ms. Hyatt reported that House Bill 901 allows VRS members with at least 25 years of service to purchase up to 36 months of service credit for prior military duty and/or service in the retirement system of another state at a cost of 5% of their annual payment for each year purchased. The legislation provides for a one-time opportunity for localities to rescind the benefits. There is no immediate fiscal impact, but the 1998-2000 contribution rates will be impacted. Staff recommended that the Board approve the provision of the purchase of service benefits May 28, 1996 34~__._._..___. .~-, for the County employee group. supervisor Harrison announced that even though he is a school teacher and would benefit from this action, he had been advised by the county Attorney that he could vote on the issue. supervisor Minnix moved to approve the provision. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None h Approval of Performance Agreement wi th the Industrial Development Authority and ITT Night vision. (Timothy Gubala. Economic Development Director) A-052896-5 Mr. Hodge advised that this Performance Agreement provides for the appropriation of $100,000 to encourage growth in ITT's new commercial division. ITT will increase its new equipment and machinery retooling investment, generate no less than $300,000 a year in County taxes and maintains existing employment levels. The County agrees not to pursue ITT for a utility related debt, provided the Company maintain specific emploYment levels, investment levels and generates a total of $300,000 a year in taxes to the County. Mr. Hodge requested that the Board authorize the execution of the Performance Agreement; allow staff to write off $168,961.96 in debt owed to the County 344 May 28, 1996 - by ITT; and approve a $100,000 grant to ITT for the fiscal year July 1, 1997 - June 30, 1998. Supervisor Johnson moved to approve the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Chairman Johnson announced that the Board Retreat is scheduled for July 27 and 28, 1996 and that the place and facilitator will be determined later. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first readings and set the public hearings and second readings for June 25, 1996. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ÅL Ordinance to rezone 0.82 acre from R-3 to C-1 to construct professional offices. located at 3422 Ogden Road. Cave spring Magisterial District. upon the petition of Barry L. Marsh. ~ Ordinance authorizing a special Use permtt to expand an existing electric substation, located at 8920 willett Lane. Cave spring Magisterial District. upon the petition of American Electric Power. ~ Ordinance to rezone 17.034 acres from R-3 to C-2 May 28,1996 345 -_._---_._-~--- .~-_.~..,--~~~_._~-- _.___..__._.____._____.'________._v._·"_~"~~ ._ _ ._,....~,,_~_ ~.~_'..~ ..~ ø .,_.~ ' to allow commercial uses. located on the east site of Plantation Road across from Hershberger Road intersection. Hollins Magisterial District upon the petition of the Industrial Development Authority (Hinman Trust) ~ ordinance to rezone 7.0 acres from 1-1 to C-2 to allow commercial uses. located on the west side of Hollins Road adjacent to Hanover Direct and Tinker Creek. Hollins Magisterial District, upon the petition of Industrial Development Authority. (Spangler) IN RE: SECOND READING OF ORDINANCES ÅL Ordinance authorizing property rental agreement for a parcel of land adjacent to the Roanoke County Service Center in connection with VDOT 1- 81 Project. (Paul Mahoney. County Attorney) 0-052896-6 Mr. Mahoney reported that there were no changes to the ordinance since first reading. supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-6 AUTHORIZING PROPERTY RENTAL AGREEMENT FOR PARCEL OF LAND ADJACENT TO THE ROANOKE COUNTY SERVICE CENTER IN CONNECTION WITH VDOT 1-81 PROJECT WHEREAS, the Board of supervisors of Roanoke County is the owner of a certain strip or parcel of land, which is part of the Roanoke County Service Center property, fronting approximately 200 feet on the west side of Kessler Mill Road 346 May 28, 1996 (Route 630) and bounded on the west by the Norfolk and Southern Railroad property, and designated on the Roanoke County Land Records as Tax Map #36.03-1-1.1; and, WHEREAS, Interstate 81 crosses over Kessler Mill Road at a location near said Roanoke County property; and, (VDOT) of the Branch WHEREAS, the Virginia Department of has undertaken a project for replacement I-81 bridge over Kessler Mill Road and has Highways, Inc., for the construction; and, Transportation and improvement contracted with WHEREAS, Branch Highways, Inc. ("the Contractor") requires use of said County property for parking purposes in connection with the bridge project, and requests authorization for such use by execution of a property rental agreement; and, WHEREAS , it will serve the public interest and will address certain public health aDd safety concerns for the County to authorize use of the parcel of land in connection with the state highway project; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the firs~ reading of this ordinance was held on May 14, 1996; and the second reading was held on May 28, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke county, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute a property rental agreement with Branch Highways, Inc., to grant use of the parcel or strip of land lying along State Route 630, bordered to the west by Norfolk & Southern Railroad property, beginning at the southern entrance to the County maintenance yard and running in a northerly direction 200 feet, more or less, for parking of vehicles and equipment (only) in connection with VDOT Project #0081-080-F09,C501,B601,B602, until completion of said project, estimated to be Spring 1997, but in any event shall terminate no later than December 31, 1997. 2. That the property rental shall be conditioned upon the following: a. There shall be no storage of fuel, combustible materials, or any hazardous waste materials permitted on the premises at any time. b. The premises shall be restored to its original May 28, 1996 347 .--_. ._~ ,,-,~_.~ ~..__.~~..._ " ~.._ v. . ~_,_ _.~ .._~_, _, - -_.~.- ..~.~ . state and condition, or the costs and expenses of restoration shall be paid for, by the Contractor prior to or upon vacating the property. c. The Contractor shall assume, and indemnify and hold Roanoke County harmless from, all liability and expenses, including attorneys' fees and court costs, for any injury, loss or damage to persons or property arising in any way out of use or occupancy of the premises. d. The Contractor shall agree to cooperate with the County in connection with construction and use of the Hanging Rock Battlefield Trail for joint use of the premises if necessary. e. The agreement thereof. Contractor or sub-let shall not assign the premises or the any rental portion 3. That the County Administrator is authorized to execute the property rental agreement on behalf of the Board of' Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish these transactions, all of which shall be upon form and ~ubject to the conditions approved by the county Attorney. 4. That this ordinance shall be, and hereby is, effective from the date of its adoption on May 28, 1996. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None h Ordinance amending and adding a new section to Chapter 17, Procurement Code. Roanoke County Code. to authorize the use of Value Engineering on certain projects. (Elaine Carver. Procurement Director) 0-052896-7 348 May 28,1996 - Ms. Carver reviewed the changes requested by the Board since the first reading on May 14. They were: (1) lowering the project threshold to $2,000,000; (2) any waiver of Value Engineering would be approved by the Board; and (3) a citizen member, appointed by the Board, will serve on the Value Engineering Committee. In response to questions, Ms. Carver advised that the Committee would be a standing committee, except for additional appointments of individuals related specifically to the project. The Board members felt that the standing committee should consist of staff with the citizen appointed when a project is value engineered. Supervisor Eddy moved to adopt the ordinance, and transmit notification to the School Board. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-7 AMENDING SECTION 17-2, DEFINITIONS, AND ADDING A NEW SECTION, SECTION 17-22, USE OF VALUE ENGINEERING, OF ARTICLE I. IN GENERAL, OF CHAPTER 17, PROCUREMENT CODE OF THE ROANOKE COUNTY CODE TO PROVIDE FOR VALUE ENGINEERING BE IT ORDAINED by the Board of supervisors of Roanoke County as follows: 1. That Section 17-2, Definitions, of the Roanoke county Code be amended as foliowst * Value Engineering: A systematic process of review and May 28, 1996 349 ___~_.___.__"__·,_,·_~u·__~~._._ _. -,.. analysis of a capital project by a team of persons not originally involved in the project. Such team. which shall include 8ñéWð£ N9.jf~t~!~:?::!mFçt~l!fi;~:iñ~!~i:T:!!!!nu)~::::!!!¡!W:::a ppropr ia te prof es s i on a 1 s 1 i censëëf..'···..In accordance with Chapter 4 of Title 54.1 of the Code of Virginia, may offer suggestions that would improve project quality and reduce total project cost by combining or eliminating inefficient or expensive parts or steps in the original proposal or by totally redesigning the project using different technologies, materials or methods. 2. That a new section, section 17-22, be, and hereby is, adopted to read and provide as follows: Sec. 17-22. Use of Value Engineering. The purchasing agent shall ensure that value engineering is employed for any capital construction project costing more than two million ~ i;liliii._¡~¡~!:~tt~a i~~ ll:~: . requ r~:me!~:r:~~:f.:~~~;;::;::i~9!íjfio~9.~!~:::!:?~~:~ - proposed capital construction proj ect for compell ing reasons. Any such waiver shall be in writing. state the reasons for the waiver, and apply only to a single capital construction project. 3. That the provisions of this ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance authorizing the conveyance of a sanitary sewer easement to strauss Construction corporation extending across Green Hill Park. (Pete Haislip. Parks and Recreation Director) 0-052896-8 Mr. Mahoney advised that there were no changes since the first reading. supervisor Harrison moved to adopt the ordinance. The 350 May 28, 1996 motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-8 AUTHORIZING CONVEYANCE OF AN EASEMENT TO STRAUSS CONSTRUCTION CORPORATION FOR SANITARY SEWER LINES EXTENDING ACROSS GREEN HILL PARK OWNED BY THE BOARD OF SUPERVISORS WHEREAS, strauss Construction corporation is planning to develop a parcel of land on the south side of Harborwood Road (Virginia Route No. 639) near Green Hill Park and has requested an easement for extension of underground sanitary sewer lines from the Roanoke River Interceptor across Green Hill Park owned by the Roanoke County Board of Supervisors to Harborwood Road at a point near the proposèd development; and, WHEREAS, Strauss Construction Corporation requires the easement in order to provide services to the future residences of the ctevelopment and, upon completion of the project, compliance with all development standards, and acceptance by the Roanoke County utility Department, the easement will be granted to the Board of Supervisors; and, WHEREAS, the lines to be installed will also serve Green Hill Park and will provide the County with substantial cost savings for the future installation of restroom and other facilities at the Park; and, WHEREAS, in addition to such savings, Strauss Construction Corporation has agreed to pay the sum of $1,000.00 as consideration for the purchase of said easement, and to install two sewer laterals to serve future facilities at Green Hill' Park; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the pUblic health, safety, and welfare of citizens of the County of Roanoke. 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 May 28, 1996 351 -~~-,--~-~--~-" , . real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 14, 1996; and a second reading was held on May 28, '1996. 2. That pursuant to the prov1s10ns of section 16.01 of the Charter of Roanoke County, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other future public uses by conveyance of an easement to strauss Construction corporation for the installation of sanitary sewer service and subsequent conveyance of the easement to the Board of Supervisors of Roanoke county. 3. That conveyance of an easement, twenty feet (20') in width, for sanitary sewer lines upon, over, under and across the property known as Green Hill Park, as shown upon that certain plat dated May 22, 1996, entitled "20' SANITARY SEWER EASEMENT BEING GRANTED TO STRAUSS CONSTRUCTION CORPORATION BY THE COUNTY OF ROANOKE", prepared by Lumsden Associates, P.C., a copy of which is attached hereto and incorporated herein, subject to the following conditions: (a) Strauss Construction corporation agrees that the' timing for installation of the sewer lines shall be coordinated with the staff of the Roanoke County Department of Parks and Recreation to prevent any interference with planned activities at Green Hill Park, and to accommodate use of the park, to the extent possible, during any phase of construction, reconstruction or maintenance of the easement. (b) Strauss Construction corporation agrees to install two (2) sewer laterals, at the locations shown on the attached plat, to serve the future facilities at Green Hill Park. © Strauss Construction corporation agrees to restore and repair any damage to the county's property which may be caused by the construction, operation, or maintenance of said easement until such time as the sewer facilities are accepted by Roanoke county and the easement is conveyed back to the county. 4. That the purchase price for the easement shall be the sum of One Thousand Dollars ($1,000.00), which shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the Youth Conservation Fund of the Parks and Recreation Department. 5. That the county Administrator is hereby authorized to execute such documents and take such further actions as may be 352 May 28, 1996 r-- 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 Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance authorizing conveyance of an easement to American Electric Power for overhead electric service across a portion of property off Sugar Loaf Mountain Road to serve the water tank for the South County Transmission Lines project. (Paul' Mahoney. county Attorney) 0-052896-9 Mr. Mahoney reported that there were no changes since the first reading. In response to a question from Supervisor Eddy, he advised that the easement was non-exclusive and could be used for water, sewer or greenways. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-9 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR OVERHEAD ELECTRIC SERVICE ACROSS A PORTION OF PROPERTY OFF SUGAR LOAF MOUNTAIN ROAD OWNED BY THE BOARD OF SUPERVISORS TO SERVE THE WATER TANK May 28, 1996 ------>--~-_..,--_...__..__._---->-~- 353 ._w_._._...__~_.____.~_,_,,_~.~·_·.____.·___.._·.·_·...··_'h·'_··__···_'··_· _,~____.__..__ _"._~._. .w_ ___'" ___.__.~,_,,__,,~~,_.__.~_,_,~.~_,___-"__'_~r~'_,·>._u'" FOR THE SOUTH COUNTY TRANSMISSION LINES PROJECT WHEREAS, the Roanoke county utility Department is constructing a new water tank as part of the South County Transmission Lines proj ect on property owned by the Board of Supervisors of Roanoke County off sugar Loaf Mountain Road, designated on the Roanoke County Land Records as Tax Map No. 76.01-1-27, in the Windsor Hills Magisterial District; and, WHEREAS, Appalachian Power Company (APCO) requires a right-of-way for an overhead line across the property to provide electric service for the water tank, as shown on APCO Drawing No. R-3175, dated February 22, 1996; and, WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. NOW, 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 May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to Roanoke County's South Transmission Line water tank; and 3. That donation of a right-of-way for an overhead transmission line or lines, and related improvements, across county property, to provide electric service for the water tank, as shown on APCO Drawing No. R-3175, dated February 22, 1996, to Appalachian Power Company is hereby authorized subj ect to the County reserving the right to use the easement area for access; and 4. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby acceptëd and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke county; and 354 May 28, 1996 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 approved as to form by the County Attorney; and 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance authorizing conveyance of an easement to American Electric Power for overhead electric service across a portion of property on Merriman' Road. (Paul Mahoney. County Attorney) 0-052896-10 Mr. Mahoney advised that there were no changes from the first reading. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-10 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR OVERHEAD ELECTRIC SERVICE ACROSS A PORTION OF PROPERTY ON MERRIMAN ROAD OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property on Merriman Road, (a sewer pump station lot), designated on the Roanoke County Land Records as Tax Map No. 87.17-5-6, in the Cave Spring Magisterial District; and, May 28, 1996 355 - _"~.~__,,__._~._,_~___._~_._.'~_______~_"'____~~~'___~_._._____~~._.....__",__'. ,____...__.~_,_____~~.........._.~__._____~_~.~_..___._,~~'^'_._,_.."_.,,,_,,_.,.,,.~ _. ." '._....4·..~' "~." _,_..,.·,_"·~.w···,__ ___,_,_~_._____~_.~,_____~_______ØA~·___"_""__~~__'~_'~_~'__'__"~~_______~__~""'~~"~'_'~__~_"""'"'>'~'.'''_.~-,_.,-_._.-...~._-,~.,-,,--.-.-..--,~.~." ....~~". - WHEREAS, in order to provide service to new County residences on Merriman Road, Appalachian Power Company (APCO) requires an easement for overhead facilities on County property; and, WHEREAS, the proposed overhead easement does not conflict with the use of the property. NOW, 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 May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to Roanoke County residences; and 3. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 4. That the County Administrator is hereby authorized to convey an overhead electric line easement, fifteen feet (15') in width, as shown on APCO Drawing No. R-3180, dated February 22, 1996, across the County's property (Tax Map No. 87.17-5-6) unto Appalachian Power Company; and 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 approved as to form by the County Attorney; and 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 356 May 28, 1996 - = ~ Ordinance authorizing conveyance of an easement to American Electric Power for overhead electric service along Merriman Park property. (Paul Mahoney. County Attorney) 0-052896-11 Mr. Mahoney advised that there were no changes from the first reading. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE CONVEYANCE APPALACHIAN OVERHEAD MERRIMAN BOARD OF 052896-11 AUTHORIZING OF AN EASEMENT TO POWER COMPANY FOR ELECTRIC SERVICE ALONG PARK PROPERTY OWNED BY THE SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property along Merriman Road (State Secondary Route 613) designated as Merriman Park, in the Cave Spring Magisterial District; and WHEREAS, Appalachian Power Company (APCO) requires a right-of-way for an overhead line along the property to upgrade their facilities and to provide service to the Merriman Park soccer fields, as shown on APCO Drawing No. R-3176, dated February 26, 1996; and, WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. NOW, 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 May 28, 1996 357 ",. - - ,-.- -."- reading of this ordinance was held on May 14, 1996; and a second reading was held on May 28, 1996; and 2. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to upgrade facilities and to provide service to the Merriman Park soccer fields; and 3. That donation of a right-of-way for an overhead transmission line or lines, and related improvements, along county property, to upgrade facilities and to provide electric service for the soccer fields, as shown on APCO Drawing No. R- 3176, dated February 26, 1996, to Appalachian Power Company is hereby authorized subject to the Roanoke County Parks and Recreations Department's prior written approval of any additions to or relocations of the facilities; and 4. That APCO's offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale' of the easement are to be allocated to the capital reserves of Roanoke County; and , 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 approved as to form by the County Attorney; and 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance declaring a parcel of real estate identified as the pine Mountain Well"Lot. Tax Map No. 87.19-2-9 to be surplus and accepting an offer for the sale of same. (Paul Mahoney) 0-052896-12 358 May 28, 1996 Mr. Mahoney reported that staff recommended accepting the offer of James R. Jackson, Jackson Associates Ltd. For the sum of $13,200. Supervisor Minnix moved to adopt the ordinance accepting the offer of James R. Jackson for $13,200. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-12 DECLARING A PARCEL OF REAL ESTATE TO BE SURPLUS AND AN ACCEPTING AN OFFER FOR THE SALE OF SAME; NAMELY THE PINE MOUNTAIN WELL LOT, TAX MAP NO. 87.19-2-9 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: i. That pursuant to the provisions of S~ction 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. Notice has also been mailed to the adjoining property owners. 3. That pursuant to the provisions of section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on May 14, 1996, and the second reading was held on May 28, 1996, concerning the disposition of the following parcel of real estate identified as follows: pine Mountain Well Lot Tax Map No. 87.19-2-9 4. '¡'hat offers for said property having been received, the offer of James R. Jackson, Jackson Associates Ltd. of Va. to purchase this property for the sum of Thirteen Thousand Two Hundred Dollars ($13,200) is hereby accepted. 5. That the purchase price for the property will be paid upon delivery of a deed therefor and all proceeds from the May 28, 1996 359 _. .-.- ~"-"._._'.. -~ -"~--",~'_"_'__"- -~ ~..--,.,_. -+.'--~_.- -. ~_.".~~-~ -. _._- - ~._.,.~,"-~-~.",--- ~'-_.._.~ '~'. ~"'." .'- -~~.~~~ sale of this real estate will be deposited into the water fund in accordance with the trust agreements of the 1991 water revenue bonds. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke county as are necessary to accomplish the sale of said' property, all of which will be on form approved by the County Attorney. 7. That this ordinance will be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: APPOINTMENTS ÅL Building Code Board of Adjustments and Appeals Supervisor Harrison nominated Larry K. Lester to serve another four year term which will expire April 27, 2000. ~ Highway and Transportation Safety commission Supervisor Minnix advised that he has contacted the individuals whose terms have expired and they are not willing to serve another term. ~ Parks and Recreation Advisory commission Supervisor Minnix nominated Lee Blair to serve another three year term which will expire June 30, 1999. ~ Metropolitan Planning organization Alternate Supervisor Eddy advised that the Metropolitan Planning organization has requested appointment of an alternate. It was 360 May 28, 1996 the consensus of the Board to nominate Supervisor Minnix to serve as the alternate member. ~ School Board Advisory Committee Ms. Allen was asked to contact the School Board with the Supervisors' appointments for this committee. IN RE: CONSENT AGENDA R-052896-13 Supervisor Eddy advised that the Fifth Planning District Commission no longer has an executive committee with members from each locality and asked that this be removed from the committee information. Mr. Mahoney discussed the procedures for filing complaints in Item 5. Supervisor Nickens advised that he was opposed to the process. Supervisor Minnix moved to adopt the Consent resolution after amendment to Item 2 and discussion of Item 5. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: Supervisor Nickens RESOLUTION 052896-13 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M _ 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 May 28, 1996, designated as Item M - Consent Agenda be, and hereby is, approved and concurred in as to each May 28, 1996 361 -, - -'~'------_'_',.__.'-'..__._._-~._- .,. _,,~ ri_' ._ item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - April 23, 1996 2. Confirmation of Committee Appointments to the Board of Zoning Appeals, the Fifth Planning District Commission, the Highway and Transportation Safety commission and the Parks and Recreation Advisory commission. 3. Request from the Department of Social services for appropriation of Funds for Public Assistance. 4. write-off of utility Bad Debts 5. Preliminary approval of citizens' requests to file a complaint with F.C.C. to review increase in cable programming services rates of Cox Cable Roanoke. 6. Resolution authorizing the organization of volunteer rescue squad organization, recognizing same for purposes of the "Line of Duty Act" and for certain immunities. . 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the resolution after amending item 2 and discussing item 5, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Johnson Supervisor Nickens RESOLUTION 052896-13.e AUTHORIZING THE ORGANIZATION OF VOLUNTEER RESCUE SQUAD ORGANIZATIONS, 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 362 May 28, 1996 Company, Fort Lewis Fire Company, and Company, serving Roanoke County, which accordance with section 27-8 of the 1950 amended; and the Mason Cove Fire have been formed in Code of Virginia, as WHEREAS, the County hereby provides that volunteer rescue squads 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, 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, recogni tion 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 by the Board of supervisors of Roanoke County, that the governing body does hereby approve the 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, 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. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Johnson Supervisor Nickens May 28, 1996 ________361_________ ._.~-_._._-~.~. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS supervisor Nickens: (1) He requested a report on the status of the sewage treatment plant. Mr. Hodge responded that he would ask Gary Robertson to provide a report for the June 11, 1996 meeting. Supervisor Nickens asked that the history of the project be included. (2) He advised that at the May 14 meeting, it was announced that Center in the Square would be sending an individual to a meeting in Turkey. Dr. Sears sent a letter to the Board members advising that no taxpayer dollars will be used to fund the trip. (3) He announced that the Bedford County Board of supervisors, Delegate Cranwell, and VDOT' are looking at road improvements for the Bedford portion of Hardy Road, which could result in a bottleneck. He assured the residents that the County does not support this. (4) He encouraged action on requesting more VDOT funds for local governments. Mr. Hodge suggested that a work session be held with VDOT to discuss primary roads. supervisor Eddy: (1) He announced that he was pleased to see a memorandum from Mr. Hodge about the employment of a new Director of Human Resources. (2) He advised that there was a VDOT public hearing scheduled for June 6 and suggested that the County staff make a presentation. (2) He announced that the Fifth Planning District Commission will hold a strategy planning session for the entire district on June 13 at the Hollins 364 May 28,1996 Library, and encouraged others to attend. (3) He heard that Montgomery County animal control officers were conducting a door to door survey for dog licenses, and suggested that staff contact them to see how successful they were. (4) He reported that a new resident contacted him complaining about the closeness of the tax due dates (May 3J. for personal property, June 4 for real estate) and asked that Mr. Mahoney check on options for changing the dates. (5) He received a memorandum from John Chambliss advising that STAR transportation services would be discontinued on June 1. Mr. Chambliss advised that the service is on "hold" until they get more ridership information. Supervisor Nickens responded that he thought this service was an ADA requirement. Mr. Chambliss will check this out and report back to the Board as soon as possible supervisor Harrison: (1) He announced that his father sent an article from TRAIN magazine on the Roanoke Valley "Trash Train". (2) He advised that he met with the residents of Dry Hollow Road to discuss future recreational uses of Spring Hollow Reservoir. supervisor Johnson: (1) He asked Mr. Mahoney about the Dixie Caverns settlement payment. Mr. Mahoney advised that $300,000 should be received in June by the County. (2) He asked Mr. Hodge to report on the Fire and Rescue Chief interviews. Mr. Hodge reported that they interviewed seven and narrowed the choice to three and are presently negotiating with the finalists. May 28, 1996 365-------.----- ~-----_._------- (3) He asked if there are regulations regarding placement of trash and bulk and brush. General Services Director Bill Rand advised that there are no regulations on where it can be placed. Supervisor Johnson also asked how long staff waited before picking up bulk and brush if no one called in for pickup. Mr. Rand responded that he will look into the problem. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 1. The motion carried by a unanimous voice vote. ~ General Fund Unappropriated Balance ~ capital Fund unappropriated Balance ~ Board contingency Fund ~ statement of Revenues and Expenditures as of April 30.1996. IN RE: EXECUTIVE SESSION At 5:32 p.m., Supervisor Johnson moved to go into Executive Session pursuant to section 2.1-344 A (7) to discuss a legal matter; potential litigation involving citizen petition annexation to city of Salem; and a legal matter; Hunting Hills well lot; and (3) acquisition of real estate for public purposes. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson 366 May 28, 1996 NAYS: None IN RE: BUDGET WORK SESSION At 6:30 p.m., the Board returned to open session, for a budget budget work sessiòn. Mr. Hodge presented and reviewed his draft budget message with the Board. He advised that the priorities in developing the budget were: investment in education; long range planning, employee compensation, public safety, economic development and effective efficient services. He announced that local tax revenue had increased by $5,656,315. There was Board consensus to fund the equivalent of a 5% salary increase for employee salaries. other budget issues highlighted in his message included the additional allocation of $460,000 to the schools, and utilization of the previous regional airport commission payment of $264,000 for fire and rescue equipment, the funding of two School Resource Officers, and increases in the police budget for SPCA fees and the Court Services budget for secured detention costs. He described other budget increases in the various County departments. IN RE: WORK SESSION RECESS At 7:00 p.m., the Board recessed from Work Session and reconvened to regular session. EVENING SESSION May 28,1996 = --_.._~-~-~----~-~---- ".- ,- ______161..___________ IN RE: CERTIFICATION OF EXECUTIVE SESSION R-052896-14 At 7: 03 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, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052896-14 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 Count:y, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identif ied in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of certification Resolution, vote: Supervisor Johnson to adopt the and carried by the following recorded AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 368 May 28, 1996 - IN RE: PUBLIC HEARINGS ÅL Public comment from citizens on the proposed 1996- 97 budget for the county of Roanoke. (Brent Robertson. Budget Manager) Mr. Hodge presented the budget message which had been discussed at the work session. There were no citizens present to speak on this issue. ~ Boundary line adjustment between the City of Salem and the County of Roanoke (Mowles springs Park). (Paul Mahoney. county Attorney) R.- 052 8 9 6 -15 Mr. Mahoney advised that this resolution would authorize the Board Chairman to execute an agreement to relocate the boundary line between the City of Salem and the County. The property is located adjacent to Mowles spring Park. In response to questions from Supervisor Eddy, Mr. Hodge advised that the City of Salem assured the County that the land would not be used for landfill purposes although it may be used as a buffer, and that the county would not be receiving property in exchange for the boundary line adjustment. There were no citizens present to speak on this issue. supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson May 28, 1996 ----~------------- ----_.-_._-_._-~-- ~-----,------ ------------------..-'. NAYS: None RESOLUTION 052896-15 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SALEM AND THE COUNTY OF ROANOKE RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES (MOWLES SPRING PARK), AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke and the City of Salem wish to petition the Court for approval to relocate portions of the boundary line between these two jurisdictions; and WHEREAS, the relocation of the boundary line of governmental entities in the area proposed will permit effective and efficient delivery of municipal services promote the public health, safety, and welfare; and WHEREAS, the governing body of the city of Salem has adopted a measure reflecting its desire to relocate and change a portion of the boundary line between the city and County; and such more and WHEREAS, the city of Salem and the County of Roanoke have agreed to the boundary relocation by action of their respective governing bodies. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Salem and the County of Roanoke, on a form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions, as more particularly shown on a plat prepared by John D. Abbott, PE, CLS, dated April 22, 1996, which is incorporated by reference herein (Exhibit 1). 2. The boundary line set forth in said agreement will be described by metes and bounds (Exhibit 2). 3. Notice of the proposed boundary line adjustment has been duly published as required by §15.1-1031.2 of the State Code. 370 May 28, 1996 4. Upon approval of the execution of the agreement between the governing bodies, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 5. Upon entry of an order by the circuit Court establishing the new boundary line, a certified copy of such order will be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of supervisors is directed to forward an attested copy of this resolution to the Clerk of the City of Salem. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance to rezone 1.0 acre from 1-2 to C-2 and obtain a special Use Permit in order to construct a used car lot. located at the intersection of West Main Street and Country Farm Road. Catawba Magisterial District. upon the petition of Randy Vest. (Terry Harrington. Director of planning & zoning) (CONTINUED FROM APRIL 23. 1996) Chairman Johnson announced that this item has been withdrawn at the request of the petitioner. May 28, 1996 ~71 .-. -- -..--- -- _._,~--~"-~--_.. . ._""'-- ...- ~ Ordinance authorizing a Special Use Permit to expand the existing church and school facilities. located on Williamson Road across from Brookside Shopping Center. Hollins Magisterial District. upon the petition of Shenandoah Baptist Church. (Terry Harrington. Director of Planning & zoning) (CONTINUED FROM APRIL 23. 1996) 0-052896-16 Mr. Harrington reported that after this item was continued, the Board members, planning staff, church representatives and neighbors had visited the site to look at the entrances onto PlYmouth Drive. As a result of these meeting, the church has requested that the Special Use Permit be modified by eliminating the proposed new entrance to Plymouth Drive. All other aspects of the request would remain the same. The church would continue to use the existing entrance on PlYmouth under the terms and conditions discussed with the neighborhood in 1993. The following residents spoke: 1. Jack Crowder, 251 PlYmouth Drive spoke in opposition to the special Use Permit advising that there are over 600 cars per day going into Plymouth Drive. 2. Richard Whittaker. 125 Plymouth Drive. advised he supported the changes made by Reverend Alderman and questioned when the gate would be allowed opened. supervisor Johnson 372 May 28, 1996 responded that the gate hours could be a condition attached to the permit. 3. Eudora Poff, 121 Plymouth Drive, announced she was pleased with the changes and expressed appreciation to the Board. She also advised that the Plymouth Drive gates were open at times when they were supposed to be closed. The Reverend Robert Alderman, pastor of Shenandoah Baptist Church, was present. He requested that the Plymouth Drive gate hours be voluntary by the church and school rather than attached as a condition to the Special Use Permit. Following discussion on the hours during which the gate may remain open on Plymouth Drive, Supervisor Johnson moved to adopt the ordinance with two conditions regarding development of the site plan and hours that the gate at Plymouth Drive would remain open. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Johnson NAYS: Supervisors Eddy, Nickens ORDINANCE 052896-16 GRANTING A SPECIAL USE PERMIT TO SHENANDOAH BAPTIST CHURCH TO EXPAND THE EXISTING CHURCH AND SCHOOL FACILITIES LOCATED ON WILLIAMSON ROAD ACROSS FROM BROOKSIDE SHOPPING CENTER (TAX MAP NO. 27.18-1-3, 11, 12; 27.18-2-1, 10, 11, 17, 18, 19), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Shenandoah Baptist Church has filed a petition to expand the existing church and school facilities located on Williamson Road across from Brookside Shopping Center (Tax Map No. 27.18-1-3, 11, 12; 27.18-2-1, 10, 11, 17, 18, 19) in the Hollins Magisterial District; and May 28, 1996 373 -------~ . '~._. . .~ ---- - ~~- .~ WHEREAS, the Planning commission held a public hearing on this matter on March 5, 1996 and April 2, 1996 and continued to May 28, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 27, 1996; the second reading and pUblic hearing on this matter was held on April 23, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Shenandoah Baptist Church located on Williamson Road across from Brookside Shopping Center (Tax Map No. 27.18-1-3, 11, 12; 27.18-2-1, 10, 11, 17, 18, 19) in the Hollins Magisterial District to expand the existing church and school facilities is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The site will be developed in substantial conformity with the master plan prepared by Balzer and Associates and dated October 1995; with the exception that no new parking lot entrances shall be constructed along PlYmouth Drive. The existing Plymouth Drive entrance may continue to be used and incorporated as part of the master plan. (2) a. That the gate located on PlYmouth Drive will remain closed at all times and may not be used for entrance or egress except for the following hours: Sunday: open from 8:00 a.m. to 9:00 p.m. Monday: open from 6:45 a.m. to 3:30 p.m. Tuesday: open from 6:45 a.m. to 3:30 p.m. Wednesday: open from 6: 45 a.m. to 9:00 p.m. Thursday: open from 6:45 a.m. to 3:30 p.m. Friday: open from 6:45 a.m. to 3:30 p.m. Saturday: Closed b. The gates shall remain closed when school is not in session except for Sunday from 8: 00 a.m. to 9:00 p.m. and Wednesday from 6:45 a.m. to 9:00 p.m. On motion of Supervisor Johnson to adopt the ordinance with conditions regarding the site plan and hours that the 374 May 28,1996 Plymouth Drive gate drive may be open, and carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Harrison, Johnson Supervisors Eddy, Nickens ~ ordinance to rezone 5 acres from R-3 to C-l with condi tions to allow commercial uses. located at the terminus of Burlington Drive adjacent to Friendship Manor, Hollins Magisterial District. upon the petition of Industrial Development Authority. (Trent Development). (Terry Harrington. Director of Planning & zoning) Mr. Harrington announced that he received additional proffered conditions today and requested that the petition be continued. It was the consensus of the Board to continue this item until June 25, 1996 to review the new proffered conditions. ~ Ordinance to rezone 88.53 acres from AG-3 to PCD. planned commercial development to allow commercial and recreational uses, located on the east side of the Blue Ridge Parkway at the north side of parkway bridge over the Roanoke River at Niagara Dam. Vinton Magisterial District. upon the peti tion of the Industrial Development Authority (AI Hammond) (Terry Harrington. Director of Planning & Zoning) May 28, 1996 <- -- -,-~--- 375 ~------,,---,----,~---",----,-,_._---,.,- -...- ---- 0-052896-17 Mr. Harrington advised that this request would rezone 88.53 acres from AG-3 to PCD, planned commercial development, to allow commercial and recreational uses. The petitioner is proposing to develop a conference/meeting facility to be marketed for corporate retreats and training sessions. Part of the concept is outdoor recreation, including canoeing, fishing, riding, shooting and hiking. The proposal would protect the agricultural and forestry land and is not visible from the Blue Ridge Parkway. Mr. Harrington reported that the site plan and the complete notebook, "Virginia's Mountain country" (filed with the Board packet) would be considered proffered conditions for the project. In response to questions from the Board members, Mr. Harrington advised that the entrance road must be at least 15 feet wide and should be 18 feet for two-way traffic, that there are no plans for water and sewer and that there would be no signage except for directional signs. There were no citizens present to speak on this issue. supervisor Nickens moved to adopt the ordinance with the conditions as outlined in the book, "virginia's Mountain county" filed with the Board packet. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 376 May 28, 1996 ORDINANCE 052896-17 TO CHANGE THE ZONING CLASSIFICATION OF A 88.53-ACRE TRACT OF REAL ESTATE LOCATED ON THE EAST SIDE OF THE BLUE RIDGE PARKWAY AT THE NORTH SIDE OF PARKWAY BRIDGE OVER ROANOKE RIVER AT NIAGARA DAM (TAX MAP NO. 71.00-1-1) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION OF PCD WITH CONDITIONS UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (AL HAMMOND) WHEREAS, the first reading of this ordinance was held on March 26, 1996, and the second reading and public hearing were held May 28, 1996; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 7, 1996; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 88.53 acres, as described herein, and located on the east side of the Blue Ridge Parkway at the north side of the parkway bridge over the Roanoke River at Niagara Dam, (Tax Map Number 71.00-1-1) in the vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agriculture/Rural Preserve District, to the zoning classification of PCD, Planned Commercial Development District. 2. That this action is taken upon the application of the Industrial Development Authority of Roanoke County (Al Hammond) . 3 . That the owner of the property, Al Hammond has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A (filed in the Board of Supervisors agenda packet) entitled IIA Rezoning Application: Planning and Design Documents for Virginia Mountain Country Center, Planned Commercial Development, County of Roanoke, Virginia, A. B. Hammond, Owner & Developer, Hill Studio, P. C. Planner & Landscape Architect, dated May 7, 1996, II which May 28,1996 - --- - -<. ,..- ~ ~_._._-.,- -~---- ~~~ - M "' ~ ____ ___ 377 conditions the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 4. That said real estate is more fully described as follows: BEGINNING at McDonald's corner large old white oak, thence with his line S. 83 deg. E. 1219 feet to a corner post, N. 29 deg. E. 126 feet to a corner post, N. 79 deg. 45' E. 825 feet to a large corner locust fence post in a branch, thence with Lot No. 1 crossing said branch several times S. 53 deg. E. 184 feet to a persimmon on the north bank of the branch, S. 9 deg. E. 362 feet to an iron rod, S. 86 deg. W. 1124 feet to an iron rod, S. 28 deg. 30 W. 538 feet to the west bar post, thence along a fence S. 78 deg. 30' E. 945 feet to a point 3 feet south of a large white oak, thence along a road N. 50 deg. E. 40 feet, N. 20 deg. 30' E. 400 feet, N. 57 deg. 30' E. 117 feet, N. 75 deg. 30' E. 67 feet to "B," thence off from road S. 72 deg. 30' E. 29 feet to a.locust, S. 3 deg. 45' W. 226 feet to a rum about 12 feet east of a spring, S. 28 deg. W. 114 feet to a poplar, S. 7 deg. 45' W. At 385 feet passing a poplar, in all 398.5 feet to a stone in Tinsley's line, thence with the line N. 48 deg. 30' W. 316 feet toa stone, S. 4 deg. E. 1741 feet to the center of the virginia Railroad, thence along the center of the railroad (distant 50 feet southwardly from the boundary line of the James land), N. 86 deg. 24' W. 194 feet, N. 78 deg. 30' W. 200 feet, N. 70 deg. 30' W. 200 feet, N. 64 deg. 16' W. 200 feet, N. 63 deg. W. 1700 feet, N. 68 deg. W. 200 feet, N. 75 deg. 31' W. 130 feet, N. 83 deg. 29' W. 156 feet, thence off and up Rough Branch as it meanders N. 27 deg. E. 156 feet, N. 6 deg. W. 96 feet, N. 39 deg. E. 148 feet, N. 27 deg. 15' E. 137 feet, N. 41 deg.30' E. 60 feet, N. 1 deg. 15' W. 127 feet, N. 47 deg. 30' E. 94 feet, N.62 deg. 30' E. 89 feet, N. 1 deg. W. 50 feet, N. 34 deg. 30' W. 144 feet, N. 4 deg. W. 117 feet, N. 42 deg. 30' E. 210 feet, N. 5 deg. 30' E. 105 feet, N. 57 deg. E. 75 feet, N. 11 deg. 45' E. 145 feet, N. 29 deg. 30' E. 143 feet, thence off N. 80 deg. E. 148 feet to the Beginning containing 109.03 acres. The metes and bounds here given include a portion of the Virginia Railroad right-of-way, which is not included in the area given of 109.03 acres, which is net area exclusive of the railroad. LESS, however, a tract containing 20.5 acres, more or less, described as follows: 37R May 28, 1996 BEGINNING at a point in the line of McDonald; thence with new lines: (1) S. 47 deg. 42' 30" W. 539.76 feet; (2) S. 8 deg. 37' 30" W. 1079.73 feet; (3) S. 46 deg. 49' 45" E. 552.1 feet; and (4) S. 20 deg. 55' 45" W. 99.62 feet to a point in the north right-of-way line of the Virginia Railway Company, and with the same: (1) N. 62 deg. 26' W. 540.76 feet; (2) N. 65 deg. 25' 00" W. 255.57 feet; (3) N. 78 deg. 20' 00" W. 318.12 feet crossing Parkway centerline at 191.12 feet at Sta. 465+69.7 and (4) N. 4 deg. 59' 00" E. 10.0 feet to a corner in the line of Appalachian Electric Power Company, and with the same: (1) N. 40 deg. 58' 15" E. 69.93 feet; (2) N. 6 deg. 03' 00" E. 164.3 feet (3) N. 51 deg. 32' 00" E. 129.3 feet; and (4) N. 7 deg. 13' 00" W. 80.0 feet to a corner in the line of the Heirs of W. H. Muse, Jr., deceased, and with the same: (1) S. 88 deg. 17' 00" E. 50.71 feet; (2) N. 41 deg. 34' 00" E. 60.0 feet; (3) n. 1 deg. 11' 00" W. 127.0 feet; (4) N. 47 deg. 34' 00" E. 94.0 feet; (5) N. 62 deg. 34' 00" E. 89.0 feet to a point in or near said centerline at or near sta.45980; (6) N. 0 deg. 56' 00" W. 50.0 feet; (7) N. 34 deg. 26' 00" W. 144.0 feet; (8) N. 3 deg. 56' 00" W. 117.0 feet; (9) N. 42 deg. 34' 00" E. 210.0' feet; (10) N. 5 deg 34' 00" E. 105.0 feet; (11) N. 57 deg. 04' 00" E. 75.0 feet; (12) N. 11 deg. 49' 00" E. 145.0 feet; (13) N. 29 deg. 34' 00" E. 143.0 feet; and (14) N. 80 deg. 04' 00" E. 148.0 feet to a corner in said line of McDonald and with the same S. 82 deg. 46' 00" E. (Ahead) - S. 82 deg. 41' 45" E. (Back) 460.05 feet to the Beginning, crossing said centerline at 61.05 feet at sta. 449+61. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance with Conditions described above which are filed with the Board of Supervisors agenda packet, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None May 28, 1996 -------.__.--_.~--- .___._._--.319_.____._.....___.__.. .__.-~-~----_._---.. -~-- -----,~_._~._~-~-,------~-~~---~- - ~ Ordinance authorizing a special Use Permit to operate a convenience store and gasoline outlet located at the corner of Plantation and Hershberger Roads, Hollins Magisterial District. upon the petition of Workman oil. (Terry Harrington. Director of planning and Zoning) 0-052896-18 Mr. Harrington reported that this request had been tabled since August 1995 to allow the applicant to meet with the Virginia Department of Transportation to discuss improvements to Plantation road. The new conceptual plan dated May 23, 1996 proposes to widen and re-stripe Plantation Road for 498 feet, and the northbound lane would be widened to allow northbound vehicles to proceed unencumbered by vehicles turning left into the store. The conceptual plan also proposes to restrict the Plantation Road curb cut closest to Hershberger to an exit-only design. Mr. Harrington reported this was a significant improvement and the staff further recommended that the site be developed in substantial conformity with the May 23 site plan with the exception of the curb cuts. Supervisor Johnson moved to adopt the ordinance with conditions and the concept plan proffered. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 380 May 28, 1996 ORDINANCE 052896-18 GRANTING A SPECIAL USE PERMIT TO WORKMAN OIL co. TO OPERATE A CONVENIENCE STORE AND GASOLINE OUTLET LOCATED AT THE CORNER OF PLANTATION AND HERSHBERGER ROADS (TAX PARCEL 38.16-1-2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Workman operate a convenience store corner of Plantation and Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on August 1, 1995 (continued from June 6, 1995); and oil Co. has filed a petition to and gasoline outlet located at the Hershberger Roads in the Hollins WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 1995; the second reading and public hearing on this matter was held on August 22, 1995, and continued to September 26, 1995, and continued to May 28, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to operate a convenience store and gasoline outlet located at the corner of Plantation Road and Hershberger Road in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and hereby grants a Special Use Permit to Workman Oil Co. to allow said use with the following conditions: (1) The existing right-of-way of pine trees along the western property will be retained and supplemented as necessary to maintain an effective screening of adjoining property. (2) Light fixture height will not exceed 15 feet and will be directed downward to minimize glare. (3) The area behind the new structure shall be landscaped so as to screen the rear area of the building. (4) The site shall be developed in substantial conformity with the submitted conceptual plan for May 28,1996 _______. 381___________ ._.,~~-_._------- - ~---- ~-------,-~--~-,--- Maddox oil Company dated May 23, 1996 with the exception that no curb cuts or vehicle access shall be allowed from ' Plantation Road unless the Virginia Department of Transportation shall formally approve the improvements to Plantation Road as shown on the conceptual plan. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance vacatipg a 50 foot unimproved right-of- way referred to as Britaney Road which is located between the intersection of Britaney Road and Setter Road for approximately 130 feet in length, Hollins Magisterial District. (Arnold Covey. Director. Engineering & Inspections) 0-052896-19 Mr. Harrington advised that there were no changes to the ordinance from the first reading. supervisor Johnson moved to adopt the ordinance with conditions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-19 VACATING AND CLOSING A SECTION OF 50 FOOT UNIMPROVED RIGHT-OF-WAY REFERRED TO AS BRITANEY ROAD LOCATED SOUTHEASTERLY OF THE INTERSECTION OF BRITANEY ROAD (ROUTE 1224) AND SETTER ROAD (ROUTE 1221) FOR APPROXIMATELY 130 FEET IN LENGTH, AS RECORDED IN 382 May 28, 1996 PLAT BOOK 9, PAGE 200, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Roanoke County Land Venture, Inc., the petitioner, is the owner of Lot 1, Block 3, Section 1 of Huntridge, and the remaining acreage as shown on that certain plat of record in the Clerk's Office of the circuit Court of Roanoke County, Virginia, in Plat Book 9, Page 200; and, WHEREAS, said lots are adjacent to an unimproved section of Britaney Road as shown on said plat; and; WHEREAS, the petitioner has requested that the Board of Supervisors of Roanoke county, Virginia, vacate and close the section of unimproved right-of-way referred to as Britaney Road located southeasterly of the intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), measuring fifty feet (50') in width and approximately one hundred thirty feet (130') in length, and lying between Lot 1, Block 3, and Lot 9, Block 1, in section No.1, Huntridge, said right of way having been created and shown on the plat for Huntridge, section 1, recorded as aforesaid in Plat Book 9, Page 200; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by tþe adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996; and the pUblic hearing and second reading of this ordinance was held on May 28, 1996. BE IT ORDAINED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved section of right-of-way, situate in the Hollins Magisterial District and referred to as Britaney Road, being 50 feet in width and extending approximately 130 feet in length, located southeasterly of the intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), as shown on the plat for Huntridge, Section 1, recorded in the aforesaid Clerk's Office in Plat Book 9, Page 200, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended, subject to the following conditions: a. That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and May 28, 1996 -~-_._-_.,~._,"--'--'.~._-.-._-------_._--' -,~~-~_..__.., 383 ,~-----_._-~_._"--, -_._,-.,..,-----_._-~,_._._- ,'--~._-,_.~---~~-_.~--~ - recordation of documents, shall be the responsibility of the petitioner; and, b. That the entire area of the 50-foot right-of- way, extending southeasterly approximately 130 feet in length from the intersection of Britaney Road and Setter Road, is hereby reserved and retained as a public utility easement and as a water and sewer easement for Roanoke County, together with the right to provide maintenance to any existing or future facilities located within the vacated area, and together with the right of ingress and egress thereto from a public road; and, c. That the vacated area of land shall be added and combined, by deed or by plat, to the adj oining properties as provided by law and petitioner shall comply with the Roanoke County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and other applicable laws, regulations and requirements, including' recordation of the necessary documents, in connection with this v~cation or any subsequent subdivision of the property. 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke county, virginia, and the recordation costs shall be payable by the petitioners. 3. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance vacating a 20 foot sanitary sewer easement and a 20 foot drainage easement located parallel to the west property line of Lot lOA, Belle Grove Subdivision, Phase 1, Hollins 3R4 May 28, 1996 - Magisterial District. (Arnold Covey. Director, Engineering & Inspections) 0-052896-20 Mr. Harrington reported that there were no changes to the ordinance from the first reading. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052896-20 AUTHORIZING THE VACATION OF A 20 FOOT SANITARY SEWER EASEMENT AND A 20 FOOT DRAINAGE EASEMENT LOCATED ON LOT lOA AND THE REMAINING ACREAGE AS SHOWN ON THE PLAT OF THE RESUBDIVISION OF BELLE GROVE SUBDIVISION, PLAT BOOK 18, PAGE 56, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled" Plat of Survey Showing Belle Grove Phase I", dated June 23, 1995, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 8, Terry Parsell and Dianne Zeigler dedicated certain public easements, including a 20-foot sanitary sewer easement and a 20-foot drainage easement located on Lots 10 and 11 and the remaining acreage; and, WHEREAS, Belle Grove, Phase I, was resubdivided by virtue of Plat Book 18, page 56, and the subject easements are shown on said plat as being within the boundaries of Lot lOA and the remaining acreage; and, WHEREAS, a property line of Lots sewer easement along remaining acreage, resubdivision, and unnecessary; and, new 20-foot 9A and lOA, the property were created the easements drainage easement on the and a new 20-foot sanitary line of Lot lOA and the on the above-described previously created became May 28,1996 ___________3B5________________ ~--------~-_._._.>-- -----~~ ·___w__·______·.__. -~---.......~._,'-~-----.~-----~- WHEREAS, the petitioner, Belle corporation, is the current owner of Lot lOA 3-10) and the remaining 14.84 acre tract (Tax of Belle Grove, Phase I¡ and, Grove Development (Tax Map No. 28.09- Map No. 28.09-2-53) WHEREAS, the petitioner has requested that the 20-foot sani tary sewer easement and the 20-foot drainage easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to Section 15.1-482(b) of the Code of Virginia (1950, as amended), which 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 section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 14, 1996 ¡ and the public hearing and second reading of this ordinance was held on May 28, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "EXIST. 20' SANITARY SEWER EASEMENT P. B. 18 PG. 8", being twenty feet (20' ) in width and extending. approximately 148 feet in length, and the "EXISTING 20' DRAINAGE EASEM'T. P.B.18 PG.811, being twenty feet (20') in width and extending approximately 148 feet in length, located on Lot lOA and the remaining acreage of Belle Grove, Phase I, in the Hollins Magisterial District of the County of Roanoke, Virginia, as shown on the resubdivision plat entitled "Plat of Survey Showing the Resubdivision of BELLE GROVE, Phase I", dated October 24, 1995, and recorded in the aforesaid Clerk I s Office in Plat Book 18, page 56, and as further shown on the Exhibit attached hereto, be, and hereby is, vacated pursuant to section 15.1-482 (b) of the 1950 Code of Virginia, as amended¡ and, 2 . Tha t , as a condition to the adoption of this ordinance, the new "20 I DRAINAGE EASEMENT" and the new "20' SANITARY SEWER EASEMENT" created and shown upon the resubdivision plat of record in Plat Book 18, page 56, are hereby specifically reserved and retained, particularly including any areas which may overlap and coincide with the easements vacated herein; and, 3. That, as a further condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to pUblication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners, Belle Grove Development Corporation, or their successors or assigns; and, 386 May 28,1996 4. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable by the petitioners. 5. That this ordinance shall be effective on and from the date of its adoption. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1L.. Ordinance vacating a portion of the sUbdivision plat for Hunting Hills. section 3. of record in Plat Book 6. Page 63. to remove the "well lot" restriction placed on Tax Map No. 88.13-3-28. (Paul Mahoney. County Attorney) Mr. Mahoney advised that this ordinance vacates a portion of the Hunting Hills subdivision plat to remove restriction on a surplus county well construction of a residential structure. lot being used for c He advised that since in the Hunting Hills the process the County the first reading, several residents community have become concerned about followed in declaring the well lot surplus and for sale. The following citizens spoke in opposition to the use of the well lot for a residential lot in Hunting Hills because the lot did not meet restrictions established for 25 years; it was approximately one-half the size and price of other adjoining May 28, 1996 -381--------------- ~-- ^."--,".~,, _._~ .- _ _·.7_~' ~__..____, --- ~ --- lots; it was not consistent with the surrounding neighborhood; and it could negatively affect the integrity and value of the area. 1. Bill Meyer, 4926 Crossbow Circle 2. Tyler M. Moore. 4919 Fawndell Road 3. Joseph T. Moskal, 4940 Fawndell Road 4. Robert L. Vermillion. 4946 Fawndell Road Thomas Lee Newcomb, purchaser of the surplus well lot, explained that he took all the proper steps and abided by all the rules to purchase the well lot. Emmett Dudding, his real estate agent, also spoke, - and advised there was other property and structures nearby similar in size to the well lot. On the subject property they could build a 2000 square foot ranch with a basement. Supervisor Minnix moved to deny the ordinance and to return the lot to a well lot status. There was no vote. In response to a question from Supervisor Minnix, Mr. Mahoney advised that in order to leave the property as a well lot, the Board would have to: (1) deny the ordinance under consideration now, and (2) rescind the previous action in 1995 that authorized the sale of the well lot. Supervisor Eddy amended the motion to postpone action until June 25, 1996 to allow neighbors to meet and discuss their concerns with the purchaser of the well lot. The motion carried by the following recorded vote: 388 May 28, 1996 - Supervisors Eddy, Harrison, Johnson supervisors Minnix, Nickens Supervisor Johnson asked that the staff notify Mr. Moore and Mr. DUdding. Mr. Mahoney advised that he will send a certified letter to all of the neighboring homeowners. AYES: NAYS: IN RE: RECESS At 9:15 p.m., Chairman Johnson declared a brief recess to reconvene the work session. IN RE: BUDGET WORK SESSION The budget work session began at 9:20 p.m. Sheriff Holt updated the board on the compensation Board's reduction of two state funded positions in the Sheriff's Office. It was the consensus of the Board that Mr. Hodge and Sheriff Holt contact the Compensation Board and ask for continued funding. The Board reviewed funding for the cultural, social and human service agencies with changes recommended at the last Board meeting. Chairman Johnson announced that evaluations of County Administrator Elmer Hodge, and County Attorney Paul Mahoney will be conducted on June 11, 1996. _. May 28,1996 ~-- _._.~---=:.:::::::~::=.==: ___·N.· _ _ , ... - -- Chairman Johnson asked Ms. Allen to draft a letter to the Roanoke Valley Resource Authority requesting a status report on regional commingled recycling by RVRA. Supervisor Eddy received Board consensus to offer suggestions for funding some additional items using the capital or general fund unappropriated balance. Mr. Mahoney advised that the following items will be heard on June 11, 1996, and June 25, 1996: (1) Business, Professional and Operators License Tax; (2) an ordinance setting the Board salaries; and (3) the budget appropriation ordinance. Mr. Hodge was directed to fund all salary increases within the five percent included in the budget. IN RE: ADJOURNMENT At 10: 20 p. m., Chairman Johnson declared the meeting adjourned. Submitted by, Approved by, T)?~;j.I. ~ Mary H. Allen, CMC Clerk to the Board 390 May 28, 1996 This page left intentionally blank