Loading...
HomeMy WebLinkAbout9/10/1991 - Regular September 10, 1991 64 9 ,.-.._-----.._,-- .__._~. - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue S. w. Roanoke, Virginia 24018 September 10, 1991 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of September, 1991. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3:10 p.m. The roll call was taken. KEHBERS PRESENT: Chairman Steven A. McGraw, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Bob L. Johnson, Richard W. Robers KEHBERS ABSENT: None STAPF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John R. HUbbard, Assistant County Administrator, John M. Chambliss, Assistant County Administrator, Don M. Myers, Assistant County Administrator, Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Arthur E. Grant, Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. 65 0 september 10, 1991 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS supervisor Eddy asked that the "Too-tall Building" and Dixie Caverns Landfill Cleanup be added to the Executive session discussion. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS ~ Resolution of conaratulations to Hollins colleae and Roanoke Colleae UDon their 150th anniversary celebration. R-91091-1 Dr. Maggie O'Brien, President of Hollins College, and Dr. David Gring, President of Roanoke College, were present to receive the resolutions. supervisor Johnson moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None RESOLUTION 91091-1 OF CONGRATULATIONS TO ROANOKE COLLEGE AND HOLLINS COLLEGE ON THEIR SESQUICENTENNIAL ANNIVERSARIES WHEREAS, Roanoke College and Hollins College were founded in Roanoke County in 1842; and WHEREAS, both colleges have contributed to the educational and cultural environment of the Roanoke Valley for the past 150 years, providing the opportunity for Valley students of all ages to earn college degrees; and WHEREAS, graduates of the two schools have September 10, 1991 65 1 -..-----.-.---. --- -.- - -~---_._~._....__.__._-------_.- distinguished themselves in both the public and private sectors; and WHEREAS, Roanoke College and Hollins College continue to provide, through the broad liberal arts curriculum, preparation for the challenges and problems of modern life. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its sincere congratulations to ROANOKE COLLEGE and HOLLINS COLLEGE on the occasion of their Sesquicentennials; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its appreciation and gratitude for the opportunities which these schools have provided to the residents of Roanoke County. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: NEW BUSINESS ~ Authorization to rename Gladetown Park in the Vinton Maaisterial District as M. A. Banks Park. A-91091-2 Parks and Recreation Director Stephen Carpenter advised that this request is to honor the late Matthew Banks who had been active in the Craig Avenue community for many years and had 652 september 10, 1991 ----- -- served on many organizations including the Vinton Town Council. He introduced Mr. Banks' widow, Mrs. Thompson, and Mrs. Jones who were members of the Craig Avenue Community Advisory Committee. Supervisor Nickens moved to rename the park as the M. A. Banks Park. The motion was carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Robers, Johnson, Nickens, McGraw. None ~ Aooroval of a voluntary leaf baaqina oroaram. A-91091-3 County Administrator Elmer Hodge reported that this program is intended to assist elderly and handicapped citizens who will be negatively impacted by the elimination of the vacuum leaf collection program. Citizens will be matched up with volunteer organizations who will bag their leaves. Those citizens who do not qualify will be given a list of lawn care companies to make their own arrangements. In response to a question from Supervisor Eddy, Mr. Hodge advised that the County would supply the bags, rakes and gloves. Supervisor Eddy moved to approve the program. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None ~ Reauest from School Board for acceotance of arants totallina $42.225.20 for a mentor teacher oroaram. A-91091-4 September 10, 1991 653 There was no discussion. Supervisor Johnson moved to accept the grant. The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. None ~ Aooroval of aareement with Roanoke County Resource Authoritv to orovide for reimbursement of staff exoenses. A-91091-5 County Attorney Paul Mahoney explained that the proposed agreement would reimburse the County for fees, expenses and charges in support of the Roanoke County Resource Authority. He further explained that the agreement should be adopted before the landfill member use agreement with Roanoke City and the Town of Vinton. The agreement does not include the landfill agreement negotiations between County staff and Roanoke City staff. In response to a question from Supervisor Johnson regarding the fiscal impact of the reimbursement, he advised that the Resource Authority has no assets and suggested a Roanoke County credit in tipping fees in the future. Supervisor Johnson moved to approve the agreement. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None ~ Adootion of resolution authorizina the acauisition of land from Marv Viola Bush bv eminent domain 654 september 10, 1991 ----- oroceedings. R-91091-6 County Attorney Paul Mahoney reported that Board approved acquisition of the necessary right-of-ways for the update of Bushdale Road in 1989. county staff has been negotiating with Diane Carpenter on behalf of her mother Mary Viola Bush for the purchase of land and a written offer of $5,510 has been made to Ms. Bush. To date the offers have neither been accepted or declined. staff recommends that the Board authorize the staff to institute eminent domain for the acquisition of the parcel of land and a temporary construction easement for the Bushdale Road Rural Addition project. Diane Carpenter, daughter of Ms. Bush, was present and advised they were not aware of this offer until March 1990 even though the improvement requests were made in 1987. She asked the Board of Supervisors to reconsider this request because the family felt there were safer alternatives available. Supervisor Nickens advised he felt that the staff had done a thorough job of evaluating the alternatives. Supervisor Nickens moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None RESOLUTION 91091-6 PURSUANT TO 525-232.01 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION OF A .412-ACRE PARCEL OF LAND FROM MARY VIOLA BUSH FOR THE BUSHDALE ROAD RURAL ADDITION PRO- JECT BY EMINENT DOMAIN PROCEEDINGS September 10, 1991 655 --._-"~-,- ..--_. '.---.-- " - -~._.,.. -~..~_._-_.._---~_.- BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Bushdale Road Rural Addition Project has been approved for the purpose of making improvements in accordance with state standards in order to have Bushdale Road accepted into the state secondary road system by the Virginia Department of Transportation. 2. That such improvements are necessary for the general health, safety and welfare of the public, and specifically will permit access for school, public safety, and emergency (police, fire, and rescue) vehicles to the county residents on Bushdale Road. 3. That acquisition of a certain parcel of land, consisting of .412 acre, is necessary to relocate the initial portion of Bushdale Road due to the narrow width of the existing Bushdale Road, bordered on both sides by residences, and the inadequate sight distance at its intersection with Mayfield Drive. 4. That the parcel of land required for this project is owned by Mary Viola Bush and is more particularly described as follows: All that certain parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Vinton Magisterial District of Roanoke County, Virginia, shown and designated as "0.412 AC. BOUNDED BY CORNERS 1 THRU 10 TO 1 TO BE CONVEYED TO THE COUNTY OF ROANOKE" upon the plat, dated January 31, 1991, made by T. P. Parker & Son, attached hereto as Exhibit A. This ----------~---- " 656 september 10, 1991 being a portion of the same real estate conveyed unto L. L. Bush, by deed dated February 26, 1930, from John H. Gearhart, of record in the Clerk's Office of the circuit Court of Roanoke County, Virginia, in Deed Book 195, Page 535. L. L. Bush departed life on the 25th day of May, 1971, and the subject property was devised unto the Grantor in his last will and testament, of record in the aforesaid Clerk's Office in Will Book 26, page 108. The above-described parcel is a portion of the property designated on the Roanoke County Land Records as Tax Map No. 79.03-05-80. TOGETHER WITH a temporary construction easement of an additional ten feet (10') on the north and east sides of the parcel of land hereinabove described for use as a temporary work space and to allow for necessary grading during any phase of construction of the road and related improvements. 5. That the fair market value of the aforesaid interest to be acquired is $5,510.00, such compensation having been, and hereby is offered the property owners. 6. That pursuant to the provisions of §25-232.01 of the Code of Virginia, 1950 (as amended), the Board does hereby invoke all and singular the rights, privileges, and provisions of said §25-232.01 as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, et sea., of the Code of Virginia, 1950, as amended). 7. That the County Administrator and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition pursuant to the Virginia General Condemnation Act. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw September 10, 1991 -657 -- NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Eddy requested a work session with Appalachian Power officials to discuss the new 765 kV transmission line that will be partially located in Roanoke County. A work session was set for October 8, 1991. IN RE FIRST READING OF ORDINANCES ~ Ordinance authorizina the vacation of a 20 foot drainaae easement located on lots 21 and 22. Vista Porest subdivision. windsor Hills Maaisterial District. There was no discussion. Supervisor Eddy moved to approve first reading of the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, JOhnson, Nickens, McGraw. NAYS: None ~ ordinance vacatina a 20 foot water line easement located on Tract lD. ValleVDointe. Hollins Maaisterial District. There was no discussion. Supervisor Johnson moved to approve first reading of the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, RObers, Johnson, Nickens, McGraw. 658 september 10, 1991 NAYS: None ~ Ordinance authorizina the lease of a oortion of Green Hill Park to the Roanoke Svmohonv Association. Supervisor Eddy advised he had several concerns about this ordinance: (1) he was concerned about the costs of the project to the County and it was his understanding that the Sheriff's deputy supervisors were charging $23.00 per hour back to the county for their work at the park; (2) he had not yet seen the lease and did not want to approve without seeing it; (3) he asked if the Park Master Plan will be revised with the addition of the polo field at Green Hill Park. Mr. Hodge advised that some of the expenses will be reimbursed by the SYmphony Association and the County will only be responsible for routine maintenance. He further explained that the changes to the Master Plan will provide the largest soccer complex in the valley when not being used for polo. supervisor Johnson felt it was unacceptable to charge the County for the inmate labor and a letter should be sent to Sheriff Kavanaugh that the work program should not include these charges. supervisor Robers pointed out that there had been a $100,000 anonymous contribution to prepare the field which will benefit all county citizens. supervisor Nickens also was concerned about implementation of the Park Master Plan. Mr. Hodge responded he would bring back a report to the Board of supervisors with the exact costs to the County for the September 10, 1991 ;,··659 - _e. _ _ _~._" ----_._--~--~--.._--~--_._._-,-----_._--<-------- event. Supervisor Robers moved to approve first reading of the ordinance. The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. None ~ Ordinance authorizinq the acauisition of a 13.88 acre Darcel of land to construct a Water Pump Station for the Sorina HOllow Water Proiect. Supervisor Eddy asked for information on the long range design of the plant. utility Director Clifford Craig advised that the permit requires two intakes. This site was selected because there are no homes and the landowner had expressed an interest in selling. In response to other questions Mr. Craig reported that staff had been working with the Health Department for nine weeks on the permit, and the County will not receive it until the plans are completed; and that the parcel of land is located in a flood plain. Supervisor Johnson moved to approve first reading of the ordinance. The motion was carried by the following recorded vote: AYES: NAYS: IN RE: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. None SECOND READING OF ORDINANCES ~ Ordinance amendinq the Roanoke County Code. --,-----~--- 660 september 10, 1991 Article II. virainia statewide Fire Prevention Code of Chaoter 9. Fire Prevention and Protection. 0-91091-7 There was no discussion. supervisor Nickens moved to adopt the ordinance. The motion was carried by the following recorded vote: AYES: supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None ORDINANCE 91091-7 AMENDING THE ROANOKE COUNTY CODE BY AMENDING AND RE-ENACTING ARTICLE II, VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9, FIRE PREVENTION AND PROTECTION TO INCORPORATE THE STATEWIDE FIRE PREVENTION CODE, 8TH EDITION, TO GRANT FIRE MARSHALS FULL POLICE POWERS, AND TO STRENGTHEN THE POWER OF THE FIRE MARSHALL'S OFFICE TO INVESTIGATE FIRE AND FIRE RELATED OFFENSES WHEREAS, by Ordinance 52388-13, the Board of Supervisors of Roanoke County, Virginia, repealed the then current Articles II and III of Chapter 9 of the Roanoke County Code, and enacted a new Article II "Virginia Statewide Fire Prevention Code" of Chapter 9 of the Roanoke County Code and further amended the said "Virginia statewide Fire Prevention Code"; and WHEREAS the Virginia Board of Housing and Community Developments has adopted the eighth edition of the BOCA National Fire Prevention Code, with amendments as the Virginia statewide Fire Prevention Code, effective as of April 15, 1991; and WHEREAS, the State Fire Marshall is authorized to enforce the Virginia statewide Fire Prevention Code in those jurisdiction September 10, 1991 66"1 _..,- --- ---_. ---,_.-.- ,,- in which the local governing body does not enforce the current -- .....-.--.. .--.-.- --'._-,-.- ~',- ...-. - ~ "m._ _ ,,~__.__.._,___._ __ "H ___..n "__._.. code; and, WHEREAS, the first reading on this ordinance was held on August 27, 1991; and the second reading was held on September 10, 1991. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article II, "Virginia Statewide Fire Prevention Code," of Chapter 9 of the Roanoke County Code is hereby amended and re-enacted as follows: Sec. 9-16. Incorporation of statewide fire prevention code. Pursuant to the provisions of Section 27-98 of the Code of Virginia, 1950, as amended, Roanoke County shall enforce the Virginia statewide Fire Prevention Code as written with amendments. This Statewide Fire Prevention Code, 8th edition, was adopted by the State Board of Housing and Community Development with an effective date of April 15, 1991, and said Board promulgated certain regulations and procedures to accomplish the adoption and enforcement of this Code. The Virginia Statewide Fire Prevention Code is incorporated herein by reference as fully as if set out at length herein. The regulation set forth herein shall be known as the Fire Prevention Code of the County of Roanoke and shall be referred to as such or as this code. Sec. 9-21. Amendments. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to section 27-97 of the Code of .------------~- --- 66l september 10, 1991 Virginia in the following respects: (1) F-102.1. Enforcement officers. Add the following at the end of the existing subsection F.102.1: The provision of the virginia statewide Fire Prevention Code and this code shall be enforced by the office of the fire marshall, also herein referred to as the fire marshal's office, the fire marshall, members of the fire marshal's staff, the fire prevention division, or the fire official. The fire marshall and such assistants appointed pursuant to Virginia Code § 27-36 shall have the same police powers as a sheriff, police officer or law-enforcement officer upon satisfactory completion of a course for fire marshals with police powers developed in accordance with the requirements of state law. * * * * (4) F-103.4. Investiaation of fires. Add subsection F- 103.4 as follows: The fire marshall shall investigate, or cause to be investigated by assistants appointed by him pursuant to Virginia Code § 27-36, every fire, eP-explosion, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances and fire bombs, occurring within the county that is of suspicious nature or which involves the loss of life or causes injury to persons or causes destruction of or damage to property. September 10, 1991 66 J - ....- --~._--_..~--"_._".._---_.- Such investigation shall be made at the time of the fire or at a subsequent time, depending on the nature and circumstances of the fire. The fire marshall or his assistants in his behalf shall take charge immediately of the physical evidence and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such building, structure, or premises until such evidence has been properly processed. * * * * 2. This ordinance shall be effective from and after September 10, 1991. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw None ~ ordinance to authorize acauisition of a sanitary sewer easement from H. M. and Learleen D. Obenchain. 0-91091-8 There was no discussion. Supervisor Johnson moved to adopt the ordinance. The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. None .----------.-.----- 664 september 10, 1991 ORDINANCE 91091-8 FOR AUTHORIZATION TO ACQUIRE A SANITARY SEWER EASEMENT FROM H. M. AND LEARLEEN D. OBENCHAIN WHEREAS, a permanent sanitary sewer easement across a tract of land owned by H. M. Obenchain and Learleen D. Obenchain is required in connection with the Roanoke River Sewer Interceptor Phase III Project; and, WHEREAS, staff has negotiated with the property owners for the acquisition of said easement and the owners have declined any offer of consideration less than $2,000.00; and, WHEREAS, section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 27, 1991, and the second reading was held on September 10, 1991. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent sanitary sewer easement from H. M. and Learleen D. Obenchain, for a sum not to exceed $2,000.00, is hereby authorized and approved; and 2. That the consideration of $2000.00 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for the Roanoke River Sewer Interceptor Phase III Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form September 10, 1991 665 - - --'-··-~-~··------"·-_'_~_""__'__.L___'___"_'_'___'___._"_.._._~~__.~_______~ approved by the County Attorney. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: APPOINTMENTS ~ Community Corrections Resources Board Supervisor Eddy nominated Mrs. James A. (Chris) Pickard to a one year term as an alternate. Her term will expire August 12, 1992. ~ Grievance Panel Supervisor Nickens will contact alternate member Cecil Hill. ~ Industrial Develooment Authority Supervisor Eddy suggested that Vinton Town Council make a recommendation for membership the authority to represent the Vinton Magisterial District. There was Board consensus to contact Vinton. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda with Item 2 removed for a separate vote. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None Supervisor Johnson moved to approve Item 2. The motion was carried by the following recorded vote: ------_._-----~.----~. · 666 september 10, 1991 AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION 91091-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for september 10, 1991, designated as Item J- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - August 13, 1991 2. Approval of a 50/50 Raffle Permit for the Roanoke Moose Lodge 3. Acknowledgements from VDOT of additions, renumberings, discontinuances and abandonment from the Secondary System. 4. Approval of Raffle Permit for the Cave Spring Elementary School PTA. 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 with Item 2 removed for a separate vote, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None September 10, 1991 66 7 - _" _.._ ~_e_.__ _ - ~."~- .---...-.----.-,', -~."-- -.-.-- Item 2 on motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, JOhnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Eddv: (1) Suggested that the staff develop a policy for naming of parks and public buildings. Mr. Hodge will bring back a proposed policy in 90 days. (2) Requested that efforts be made to increase citizen involvement and asked for the appropriate team to develop a program. There was no board consensus to go forward, but Public Information Officer Anne Marie Green will evaluate his suggestions and bring back a report. (3) Expressed concern about the tone in a recent article in Roanoke County Today on the Craig Creek water supply option. (4) Asked for the report on low flow toilets. Mr. Hodge responded that staff will bring back a report on September 24, 1991. Suoervisor Robers: (1) Announced that two citizens had called him to apologize for supporting the Craig Creek option. (2) Suggested studying two refuse fees - one for those who recycle and one for those who do not. (3) Noted that Roanoke County was recently listed as seventh in financial support of its schools. Suoervisor Nickens: Announced that he felt that the County staff and Board does a good job of involving the citizens and did 6 t) 8 September 10, 1991 not agree with Supervisor Eddy's memo. Suoervisor McGraw: (1) Reported that the Blue Ridge Region Study Commission met on August 26 and will meet again on September 24. Thanked the Board of Supervisors for their support of the organization. (2) Announced that he had been reappointed to the Grayson Commission and that the VML/VACo Task Force will meet again before the end of 1991. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Susan williams. Leaaue of Older Americans announced there would be a public hearing at Valley Metro on September 12 sponsored by the Virginia Department on Aging. The subject will be special needs transportation recommendations. She invited the board members. She explained that the hearing could not be held at the Roanoke County Administration Center because of RADAR funding. Mr. Hodge will investigate and report back on September 24,1991. 2. Bovd Overstreet. President of Bent Mountain civic Leaaue asked that the old Bent Mountain Fire station either be maintained or demolished. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Items 4 and 5. The motion carried by a unanimous voice vote. ~ General Fund UnaoDroDriated Balance September 10, 1991 66 9 - ____,_~c______.__ ._.__.._....~.._,.._u'.__n~ __ n' ___"_,,. _,.,._ __....__.._._..._._~ ...__ '<~",'. .. ~--- .- --_.~ - .-.-- -'. -- -".- ___.0' _ ~'d_..,_ ~'..._~.' ,~_ .-.--..-.-".,,--- ,~,,- -_.... ._.......----_..~ ."..- "~-._-.-,..__._,------"~-,_.- __·___·__~·_'...._M______.____.__.._._____ ~ Capital Fund Unappropriated Balance ~ Board Continaency Fund ~ Report on Appalachian Power Company's apPlication for a Transmission Line Mr. Hodge will set a work session with Appalachian Power for October 8, 1991. Supervisor Eddy asked for the impact of the line to areas beside the landfill. ~ Report on school and county maintenance pro;ects IN RE: RECESS At 5:03 p.m., Chairman McGraw declared a recess for the Roanoke County Resource Authority meeting. IN RE: RECONVENEMENT At 6:45 p.m., Chairman McGraw reconvened the meeting. IN RE: EXECUTIVE SESSION At 6:46 p.m., Supervisor Eddy moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) to consult with legal counsel regarding an offer to purchase publicly held real estate: Bent Mountain Fire Station and to consult with legal counsel regarding the "Too-Tall" Building court ruling and Dixie Caverns Landfill. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None ---------~-----------~---_._- 670 September 10, 1991 ------ - IN RE: CERTIFICATION OF EXECUTIVE SESSION R-91091-10 At ,7: 30 P ~'m. Supervisor Eddy moved to return to Open session and adopt the certification Resolution. The motion was carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw. NAYS: None RESOLUTION 91091-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were September 10, 1991 671 --_..,--"~_._-" .-.'---~-~ _._.....~ _..,_ __~_""n . "--,"..__.~-_._.,- .._".-..,--,..__.._._-----------'".._-,,_.~. 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 Eddy to adopt resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Robers, Johnson, Nickens, McGraw None EVENING SESSION IN RE: WORK SESSION ~ Joint Work Session with Board of Zonina Aooeals Supervisor Johnson announced that he requested this work session because of his concerns about the BZA's ruling regarding C&D Builders, when the developer had to move a house because of failure to meet the setback requirements. He suggested that the Board of Supervisors schedule an annual meeting with the BZA in the future to discuss these types of issues. Planning Director Terry Harrington advised that staff had developed a Certification form regarding setback requirements that must be signed by homebuilders. However, they frequently sign the form when the begin the building process. He explained that they had received approval of the Homebuilders Association before instituting the certification form. The Board members offered suggestions including the possibility of a fine for ignoring the setback requirements, -~ì 2 September 10, 1991 and publishing a warning cover sheet. County Attorney Paul Mahoney advised that the fine was not legal but they could utilize a civil penalty of $100 per day for noncompliance with the setback requirements. Mr. Hodge stated that the staff would research all options and check other localities, and would bring back a report at the November 1991 meeting. Mr. Harrington also advised he would set up another meeting in six months between the Board of Zoning Appeals and Board of Supervisors. ~ Privatization Procurement Director Susan Hansey reported that the Department Heads had recommended services that should be studied for potential privatization. They were: Grounds maintenance, fleet management, recycling, bulk and yard waste, janitorial services and garage operations. Parks and Recreation Director Steve Carpenter described the possible savings from privatization of grounds maintenance. The discussion included the further consolidation of services with the schools, and the incentive that competition with the private sector would provide. It was pointed out that the County should ask for bids that include several years. Supervisor Nickens pointed out that if areas are privatized, the extra work previously provided by the county staff would be eliminated. There was no board consensus to go forward, but county Administrator Elmer Hodge advised that he and the staff would September 10, 1991 673 >-_.,-- - , - .._- - - . -'_._,._._--_._~._._-----"_._,----_._~'..,-- .---- continue to look for opportunities to privatize. IN RE: ADJOUIUÐŒHT At 9:35 p.m., Supervisor Nickens moved to adjourn. The motion carried by a unanimous voice vote. ~~aA~~ Steven A. McGraw, Chairman