HomeMy WebLinkAbout12/3/1991 - Regular
December 3, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. W.
Roanoke, Virginia 24018
December 3, 1991
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the first Tuesday, and the first regularly
scheduled meeting of the month of December, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:07 a.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson, Richard W. Robers
MEMBERS ABSENT:
None
STAFF 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 Michael D. Meloy,
Windsor Hills United Methodist Church. The Pledge of Allegiance
869
December 3, 1991
was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
County Attorney Paul Mahoney asked that Item 3 under Second
Reading of Ordinances be continued to either December 17 or January
1992.
IN RE:
NEW BUSINESS
~ ADDroval of a desiqn Dlan for the Water Treatment
Plant
A-12391-1
utility Director Cliff Craig presented the plan for the design
of the water treatment plant, advising that under the proposed
plan, the County staff would handle the majority of the design
except for specialty design services which would be contracted to
private firms.
Supervisor Eddy spoke in opposition to this action because:
(1) he felt it was premature to take this step until after
ascertaining whether the City of Salem is interested in
participating, and (2) proj ects of this magnitude are usually
handled with a Request for Proposal before making any decision.
Supervisor Nickens spoke in support of the action.
Supervisor Johnson moved to approve the plan. The motion was
carried by the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw.
NAYS: Supervisor Eddy
December 3, 1991
87 0
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~ Annual ReÞort from the Mental Health Services of
the Roanoke Valley.
Rita Gliniecki, a Board of Directors member of the Mental
Heal th Services of the Roanoke Valley, reported that Roanoke
County's contribution of $69,984 were matched with federal and
state dollars to provide $1,351,072 of services to the Roanoke
County citizens.
Mark Bramlett, a County resident reported on the services he
received as a resident of Hegira House.
h
AÞÞroval
of
PUblic-Private
PartnershiÞ
for
Colonnade.
A-12391-2
Economic Development Director Tim Gubala reported that Bruce
Hobart, developer of Colannade has a prospect for the Colannade II
building which would eventually employ over 300 people. Mr.
Hobart has requested that Roanoke County fund a portion of a
traffic signal on Route 419 under the PUblic-Private Partnership
Policy. Staff recommended that $30,000 be appropriated from the
Economic Development Fund toward the traffic signal costs.
Supervisor Nickens moved to approve the appropriation. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens
NAYS: None
ABSTAIN: Supervisors Johnson, McGraw
87 1 Çl
December 3, 1991
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizinq the acceDtance of 45 acres of real
estate adiacent to Vinyard Park.
Assistant County Administrator John Chambliss reported that
Walter Darnell Vinyard and Claiborne W. Vinyard have offered to
donate approximately 45 acres of land near the existing Vinyard
Park. The land is zoned light manufacturing and would have to be
rezoned by the Roanoke City for use as a park. Mr. Chambliss
advised that they had received the environmental assessment and
there were no hazardous materials. The acreage would be land
banked now, but could become a regional park in the future.
Supervisor Nickens moved to authorize the COunty Administrator
to accept the property and to appropriate $10,000 from the Board
COntingency Fund for the environmental assessment. The motion was
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizinq the acquisition of two Darcels
of land from Canaan Land ComDanv in connection with
the Roanoke River Sewer InterceDtor Phase III
Proiect.
0-12391-3
Supervisor Nickens moved to adopt the ordinance. The motion
was carried by the following recorded vote:
December 3, 1991
872
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 12391-3 FOR AUTHORIZATION TO ACQUIRE TWO
PARCELS OF LAND FROM CANAAN LAND COMPANY IN CONNECTION
WITH THE ROANOKE RIVER SEWER INTERCEPTOR PHASE III
PROJECT
WHEREAS, a permanent sanitary sewer easement is required
across two parcels of land owned by Canaan Land Company in
connection with the Roanoke River Sewer Interceptor Phase III
Project; and,
WHEREAS, the small size of the lots and the construction
requirements for the project will limit the use of said lots by the
owner, and damage the residue, to the extent that purchase of a fee
simple interest to said lots would be appropriate; and,
WHEREAS, staff has negotiated with the property owner for the
acquisition of said parcels, being Lots 1 and 2, lying between Poor
Mountain Road and the Roanoke River, according to the Map Showing
Subdivision of Tract of land Lying North of and Adj acent to
"Nature's Own Bathing Pool" of record in the Clerk's Office of the
Circuit Court of Roanoke County in Plat Book 3, page 8; and,
WHEREAS, staff has negotiated the purchase of said parcels
from Canaan Land Company for the sum of $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 November 19, 1991,
and the second reading was held on December 3, 1991.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
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December 3, 1991
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ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of Lots 1 and 2,
lying between Poor Mountain Road and the Roanoke River, according
to the above-reference map from Canaan Land Company, 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
approved by the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Ordinance authorizinq the exchanqe of real estate
adiacent to Burlinqton Elementarv School with
FriendshiD Manor ADartment Villaqe CorD.
0-12391-4
Supervisor Johnson moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
ORDINANCE 12391-4 AUTHORIZING EXCHANGE OF REAL
December 3, 1991
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ESTATE ADJACENT TO BURLINGTON ELEMENTARY SCHOOL
WITH FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION
WHEREAS, by Agreement dated July 11, 1991, the County
School Board of Roanoke County and Friendship Manor Apartment
Village Corporation entered into a contract for the sharing of
costs for the construction of a new road over the property of both
parties adjacent to Burlington Elementary School and for the
exchange of parcels of real estate which would be left in isolation
by such construction; and
WHEREAS, at its meeting on Thursday, November 21, 1991, the
County School Board of Roanoke County, Virginia, has adopted a
resolution declaring a parcel of 0.031 acre, which will remain upon
the western side of Barrens Road upon the completion of said 50
foot road, as surplus property and requesting the Board of
Supervisors of Roanoke County to convey such property to Friendship
Manor Apartment Village Corporation as part of an exchange of real
estate pursuant to said agreement; and
WHEREAS, the County School Board of Roanoke County has caused
a true copy of the aforesaid resolution to be filed with the Clerk
of the Circui t Court of the County of Roanoke, Virginia, as
required by law so that the title to the aforesaid parcel of real
estate is now vested in the County of Roanoke, Virginia; and
WHEREAS, pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the
conveyance of the hereinafter described real estate was held on
875
December 3, 1991
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November 19, 1991; a second reading was held on December 3, 1991.
THEREFORE BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
1. That the conveyance of certain real estate identified as
"Parcell" on a plat designated "RESUBDIVISION FOR COUNTY SCHOOL
BOARD OF ROANOKE COUNTY AND FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION" dated February 15, 1991, prepared by Balzer and
Associates, Inc., having previously been declared surplus property
by the County School Board of Roanoke County, to the County of
Roanoke is hereby accepted and approved; and
2. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the aforesaid property is declared
surplus and is made available to exchange for real estate for other
public uses; and
3. That the conveyance of such Parcell to Friendship Manor
Apartment Village Corporation in exchange for Parcel 2 identified
in the same plat, which Parcel 2 shall be conveyed to the County
School Board of Roanoke County, Virginia, for school purposes is
in the public interest and is hereby accepted and approved.
4. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance and exchange of the
aforesaid properties, all of which shall be upon form approved by
the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
December 3, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
h Ordinance authorizinq the lease of real estate. a
Dortion of the Old Starkey Sewaqe Treatment Plant
DroDertv. to the Valley Soccer Club.
(CONTINUED FROM OCTOBER 22. 1991)
County Attorney Paul Mahoney asked that this item be continued
to either December 17, 1991 or January 1992.
.L.. Ordinance authorizinq the exchanqe of easements
between CWY Inc. and the County of Roanoke in
connection with Berklev Court Subdivision and
Vinyard Park.
0-12391-5
Supervisor Nickens moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw.
NAYS: None
ABSTAIN: Supervisor Johnson
ORDINANCE 12391-5 AUTHORIZING EXCHANGE OF EASEMENTS
BETWEEN CWY, INC., IN CONNECTION WITH THE DEVELOPMENT OF
BERKLEY COURT SUBDIVISION, AND THE COUNTY OF ROANOKE, IN
CONNECTION WITH VINYARD PARK
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
is the owner of a tract of land situate in the City of Roanoke and
the Town of Vinton, containing 41.297 acres, which is used for park
and recreational purposes and is commonly known as Vinyard Park;
and,
87 7 v~
December 3, 1991
WHEREAS, CWY, INC., a Virginia corporation, is currently
developing an adj oining parcel of land known as Berkley Court
Subdivision in the Town of Vinton; and,
WHEREAS, CWY, INC., needs to acquire a 15' sanitary sewer
easement and a 20' drainage easement upon, over, under, and across
a portion of the Vinyard Park property; and,
WHEREAS, the proposed easements do not conflict with the
present or proposed County use of Vinyard Park, but the County does
need an access easement for entering and maintaining Vinyard Park;
and,
WHEREAS, acquisition of an acceptable access easement for
Vinyard Park constitutes a fair consideration for the conveyance
of the sanitary sewer and drainage easements to CWY, INC.; and,
WHEREAS, pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the exchange
of said interests in real estate was held on November 19, 1991; and
a second reading was held on December 3, 1991.
THEREFORE BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subj ect easement areas do not
conflict with other public uses and will ultimately serve a public
purpose, and are hereby declared to be surplus; and,
2. That conveyance to CWY, INC., of the 15' sanitary sewer
easement and the 20 ' drainage easement upon, over, under, and
across a portion of the Vinyard Park property, located in the Town
December 3, 1991
878
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of Vinton, as shown upon the Easement Plat dated October 3, 1991,
made by Balzer and Associates, Inc., attached hereto, is hereby
authorized.
3. That the consideration for said easements shall be
conveyance to the Board of Supervisors of Roanoke County of an
acceptable 15' access easement for ingress and egress to and from
Vinyard Park, the acceptance of which is hereby authorized upon
concurrence of the Board of Supervisors by resolution; and,
4. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
County as may be necessary to accomplish the exchange, all of which
shall be on form approved by the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw
NAYS: None
ABSTAIN: Supervisor Johnson
IN RE:
PUBLIC HEARINGS
1291-1
Public Hearinq on the. adoDtion of a resolution
authorizinq Articles of Amendment to the Roanoke
County Resource Authoritv authorizinq the ioinder
of the city of Roanoke and the Town of Vinton to
the
Roanoke
County
Resource
Authoritv
and
authorizinq the creation of the Roanoke Valley
Resource Authoritv
879
December 3, 1991
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R-12391-6
County Attorney Paul Mahoney advised that after the resolution
is adopted, an application will be filed with the state Corporation
Commission for approval to amend the Roanoke County Resource
Authority Articles of Incorporation. The City of Roanoke and Town
of vinton must adopt a similar resolution.
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 12391-6 AUTHORIZING ARTICLES OF AMENDMENT TO
THE ROANOKE COUNTY RESOURCE AUTHORITY, AUTHORIZING THE
JOINDER OF THE CITY OF ROANOKE AND THE TOWN OF VINTON TO
THE ROANOKE COUNTY RESOURCE AUTHORITY, AND AUTHORIZING
THE CREATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
("County") has determined that it is in the best interests of the
County to authorize the City of Roanoke ("city") and the Town of
Vinton ("Town") to become members of the existing Roanoke County
Resource Authority, pursuant to the provisions of the Virginia
Water and Sewer Authorities Act, Chapter 28, Title 15.1, 1950 Code
of Virginia, as amended, ("Act"); and
WHEREAS, a public hearing has been held in accordance with the
requirements of Sections 15.1-1243, 15.1-1248, and 15.1-1250.01 of
the Act; and
WHEREAS, the Roanoke County Resource Authority has, by
resolution, expressed its consent to the joining of these other
political subdivisions to become members of the existing Authority.
December 3, 1991
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NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That it hereby agrees to provide for the joinder of the
ci ty and the Town as members to the Roanoke County Resource
Authority, and that the Articles of Amendment of the Roanoke County
Resource Authority specifies the number and term of office of
members of the expanded Authority.
2. That the Articles of Amendment of the Roanoke County
Resource Authority are as follows:
ARTICLES OF AMENDMENT
OF THE
ROANOKE COUNTY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council
of the Town of Vinton, and the Council of the City of Roanoke have
by concurrent resolution adopted the following amendments to the
Articles of Incorporation of the Roanoke County Resource Authority
of Virginia, pursuant to the Virginia Water and Sewer Authorities
Act (Chapter 28, Title 15.1, 1950 Code of Virginia, as amended)
("Act"):
(1) The name of the Authority shall be the Roanoke
Valley Resource Authority and the address of its principal office
is 3738 Brambleton Avenue, Roanoke, Virginia 24018-0798.
(2) The names of the incorporating political subdivi-
sions are the County of Roanoke, Virginia; the City of Roanoke,
Virginia; and the Town of Vinton, Virginia. The County of Roanoke,
the City of Roanoke, and the Town of Vinton, as the incorporating
13
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December 3, 1991
political sUbdivisions, hereby acknowledge, covenant, and agree
that these Articles of Incorporation shall not be further amended
or changed without the express agreement of each of the governing
bodies of each of the incorporating political subdivisions.
Neither of the following actions shall be taken or
permitted to occur by the Authority without the consent of the City
of Roanoke and the County of Roanoke as expressed by the affirma-
tive vote of all City and County representatives on the Authority:
(a) Any change in the terms or conditions of design
or operation of the Transfer station located in the City of Roanoke
as set forth in the Solid Waste Transfer Facility Design Criteria,
dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke
City Planning Commission on June 5, 1991, and the Part A and Part
B applications for the Transfer Station as approved by the
Commonwealth of Virginia, or any expansion or modification thereof
or use by any persons or entities other than City, County, or Town;
(b) Any change in the terms and conditions of the
design or operation of the Landfill located in Roanoke County as
set forth in the special use permit and the Landfill Permit
Conditions and operating Policies, Action 62789-10 and Resolution
62789-12, each dated June 27, 1989, and the Part A and Part B
applications for the Landfill as approved by the Commonwealth of
Virginia.
Since the Landfill and Transfer Station are scarce and
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December 3, 1991
882
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valuable resources, and because the incorporating political
subdivisions have a common interest in insuring that the Landfill
is utilized in the best possible and most efficient manner, the
incorporating political subdivisions agree that Authority member-
ship and operation and use and operation of the Transfer station
and Landfill shall be governed by the terms and conditions of the
Roanoke Valley Resource Authority Members Use Agreement ("Use
Agreement") dated October 23, 1991.
(3) The names, addresses, and terms of office of the
members of the Board of the Roanoke Valley Resource Authority
("Authority") are as follows:
1.
Gardner W. smith
P. O. Box 29800
Roanoke, VA 24018
Term Expires: 12/31/95
2.
Diane D. Hyatt
P. O. Box 29800
Roanoke, VA 24018
Term Expires: 12/31/94
3.
John R. Hubbard
P. O. Box 29800
Roanoke, VA 24018
Term Expires: 12/31/93
4. Mikeiel T. Wimmer
3878 Harborwood Road
Salem, VA 24153 Term Expires: 12/31/93
5. Kit B. Kiser
Room 354, Municipal Bldg.
Roanoke, VA 24011 Term Expires: 12/31/94
6. Joel M. Schlanger
Room 461, Municipal Bldg.
Roanoke, VA 24011 Term Expires: 12/31/95
7. S. Bradley Corcoran
P. O. Box 338
Vinton, VA 24179 Term Expires: 12/31/95
15
883
December 3, 1991
The terms of office of each of the members shall become
effective on the date of issuance of a certificate of joinder for
the Authority by the state Corporation commission in accordance
with the provisions of Section 15.1-1248 of the Act. The governing
body of each participating political subdivision shall appoint the
number of members, who may be members of the governing body, set
forth opposite its name below:
County of Roanoke - four
City of Roanoke - two
Town of Vinton - one
It being the intention of these Articles that the
governing body of the County of Roanoke shall always appoint a
majority of the members, whenever an additional political subdivi-
sion shall join the Authority, such governing body shall be
entitled to appoint one or more additional members in order to
maintain such majority.
Initially, the governing body of the County of Roanoke
shall appoint one member for a four-year term, one member for a
three-year term, and two members for a two-year term. Initially,
the governing body of the City of Roanoke shall appoint one member
for a four-year term and one member for a three-year term.
Initially, the governing body of the Town of vinton shall appoint
one member for a four-year term. After the initial terms, each
member shall be appointed for a four-year term or until his
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December 3, 1991
884
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successor is appointed and qualified.
Any additional members
appointed by the County of Roanoke to maintain its majority
pursuant to the foregoing paragraph shall also be appointed for
four-year terms. The governing body of each political subdivision
shall be empowered to remove at any time, without cause, any member
appointed by it and appoint a successor member to fill the
unexpired portion of the removed member's term.
Each member may be reimbursed by the Authority for the
amount of actual expenses incurred by him in the performance of his
duties.
(4) The purpose for which the Authority is to be formed
is to exercise all the powers granted to the Authority to acquire,
finance, construct, operate, manage and maintain a garbage and
refuse collection and disposal system and related facilities
pursuant to the Act.
For purposes of these Articles, and any
contracts or documents entered into on behalf of Authority,
"garbage and refuse collection and disposal system and related
facilities" shall mean collection and disposal of garbage and
refuse at and through a transfer facility owned and operated by the
Authority and the associated landfill or disposal operations only.
The Authority shall not be authorized to engage in or provide for
individual residential or business collection activities or
services. The Authority shall contract with the County of Roanoke
and the City of Roanoke to furnish garbage and refuse collection
and disposal services upon identical terms and conditions including
17
88 5
December 3, 1991
the same schedule of service rates, fees and charges of all types
which shall be uniformly applicable to both such political
subdivisions. Subject to the terms of the Use Agreement, the
Authority may contract with other political subdivisions to furnish
garbage and trash disposal services upon such terms and conditions
as the Authority shall determine. The Authority may contract to
make host locality paYments to Roanoke County and Roanoke City to
compensate the County and City in consideration of location of
facilities within their communities. It is not practicable to set
forth herein information regarding preliminary estimates of capital
costs, proposals for specific projects to be undertaken, or initial
rates for the proposed projects.
(5) The Authority shall serve the County of Roanoke, the
City of Roanoke, the Town of Vinton and, to the extent permitted
by the Act and by the terms of these Articles and the Use
Agreement, such other public or private entities as the Authority
may determine upon the terms and conditions established pursuant
to such contracts.
(6) The Authority shall cause an annual audit of its
books and records to be made by the State Auditor of Public
Accounts or by an independent certified public accountant at the
end of each fiscal year and a certified copy thereof to be filed
promptly with the governing body of each of the incorporating
political sUbdivisions.
3. That the County hereby ratif ies and conf irms the findings
18
December 3, 1991
886
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made on June 14, 1989, as follows:
(i) Privately-owned sanitary landfill services are not
available in a reasonable and cost efficient manner, and
(ii) Operation by the Roanoke Valley Resource Authority
of a sanitary landfill and any related facilities or the contract
for such operation in spite of any potential anti-competitive
effect is important to provide for the development and/or operation
of a regional system of garbage and refuse collection and disposal
for the County of Roanoke, the City of Roanoke, and the Town of
Vinton and such other governmental units or private entities as the
Authority may determine.
4. That this resolution shall take effect immediately upon
its adoption.
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
1291-2 Petition of Roanoke County Resource Authoritv to
amend the SDecial ExceDtion Permit conditions and
oDeratinq Dolicies for the smith GaD Landfill.
located on the northwest side of Fort Lewis Mountain
between smith GaD and Bradshaw Road. catawba
Maqisterial District.
(CONTINUED FROM NOVEMBER 19. 1991)
R-12391-7
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88 7
December 3, 1991
Assistant County Administrator John Hubbard advised that the
Montgomery County citizens Action Committee was established to
address the Montgomery County citizen concerns surrounding the rail
spur to the landfill. They endorsed amendments to the permit
conditions and operating policies which were approved by the
Roanoke County Landfill citizens Advisory Committee and Planning
Commission. At the November 19 meeting, several residents from the
community spoke. They requested a wider corridor for groundwater
and property protection. since that date, Mr. Hubbard reported he
had met with residents from the community. He presented a map
showing the proposed protection corridor.
Walter Zook. 3053 Bradshaw Road. Elliston, asked that Bradshaw
Creek be included in the protected corridor.
Louise Spanqler. 4731 North Fork Road. Elliston, asked that
the corridor be extended to 1800 feet.
Jack Waldis. 3735 Mvrtle Lane, spoke in opposition to any
changes because these changes would be made after the Montgomery
County citizens Action Committee had agreed on the protected
corridor.
Supervisor Robers moved to approve amending the corridor to
provide protection to 1800 feet contiguous to the rail line, with
protection extending only to current residents, and provided there
is no further new construction.
Supervisor Eddy offered a substitute motion to defer action
to December 17, 1991 to allow staff to consult further with
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December 3, 1991
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residents in the community.
The motion was defeated by the
following recorded vote:
AYES:
Supervisor Eddy
NAYS:
Supervisors Robers, Johnson, Nickens, McGraw
Supervisor Robers' original motion passed by the following
recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: None
ABSTAIN: Supervisor Eddy
RESOLUTION 12391-7 GRANTING A SPECIAL USE PERMIT AND
AMENDING CONDITIONS AND OPERATING POLICIES TO THE ROANOKE
COUNTY RESOURCE AUTHORITY FOR THE SMITH GAP SOLID WASTE
DISPOSAL FACILITY, LOCATED IN THE CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on November 7, 1991; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
held a public hearing on this matter on November 19, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of amendments to
the Special Exception Permit conditions and operating policies for
the solid waste disposal facility at the Smith Gap site is
substantially in accord with the adopted 1985 Comprehensive Plan
pursuant to the provisions of section 15.1-456 (b) of the 1950 Code
21
88 9
December 3, 1991
._---~,---------,-
-
of Virginia, as amended.
2. That this action is taken upon the peti tion of the
Roanoke County Resource Authority.
3. That this action amends the Resolution 62789-12 of this
Board adopted on June 27, 1989.
4. That the Board hereby grants a Special Exception Permit
to the Roanoke County Resource Authority (and upon its creation and
approval by the State Corporation Commission, its successor, the
Roanoke Valley Resource Authority) to publicly own and operate a
solid waste disposal facility on what is known as the "Smith Gap
site" located on 640.39 acres on the northwest side of Fort Lewis
Mountain between smith Gap and Bradshaw Road in the Catawba
Magisterial District, subject to the amended landfill permit
conditions and operating policies, which are attached hereto and
incorporated herein by reference.
5. That the Board acknowledges, to the extent permitted by
law, that the Authority has a non-binding moral obligation to pay
such amounts as may be needed to address the adopted operating
policies, including property value protection, and that such
payment is subject to future appropriations.
Nothing in the
approved operating policies shall be deemed to constitute the
creation of a debt, the lending of the credit, nor a pledge of the
credit of the County under the Constitution and laws of the
Commonwealth of Virginia, nor shall any provision thereof give any
person any legal right to enforce the terms thereof against the
22
December 3, 1991
89 0
~-----~--
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County or the Authority.
6. That this Resolution shall be in full force and effect
thirty (30) days after its final passage. All resolutions or
parts of resolutions in conflict with the provisions of this
resolution be, and the same hereby are, repealed.
On motion of Supervisor Robers to adopt the ordinance amending
the corridor to provide protection to 1800 feet contiguous to rail
line with protection extending only to current residents and
existing improvements and provided that further construction is
exempt from protection, and carried by the following recorded vote:
AYES: Supervisors Robers, JOhnson, Nickens, McGraw
NAYS: None
ABSTAIN: Supervisor Eddy
IN RE:
APPOINTMENTS
~ Grievance Panel
Supervisor Eddy nominated Henry H. Wise to serve a three-year
term as an alternate member.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
23
89 1 -
December 3, 1991
RESOLUTION 12391-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for December 3, 1991, designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 3, inclusive, as follows:
1. Confirmation of Committee Appointments to the Court
Community Corrections Policy Board, Mental Health
Services of the Roanoke Valley Board of Directors,
and Planning commission.
2. Request for acceptance of the extension of
Valleypointe Parkway into the Virginia Department
of Transportation Secondary System.
3. Acceptance of Sanitary Sewer Facilities serving
Roanoke Retirement Community (Elm Park Estates)
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to approve the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
24
December 3, 1991
89 2
" _,_.__. M ,_._
_._~. - -
~,,~ - ,-- _.-.
~'----"-----'--'~'---'----"",_._~._--.------_.__._.,.--_.._._--'--_._---"-<,-._-_._--_....".~-~-<-----,
-" -.-.-
----_._...~-
RESOLUTION 12391-S.b REQUESTING ACCEPTANCE OF
THE EXTENSION OF VALLEYPOINTE PARKWAY
INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Valleypointe
Parkway from its intersection with Concourse Drive to its
intersection with Wood Haven Road, for a distance of 0.17 miles to
be accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements and
a one hundred (100) foot right-of-way for said road have heretofore
been dedicated by virtue of a certain map\maps known as
Valleypointe which map was recorded in Plat Book 13, Page 79, of
the records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on April 11, 1991 and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary.
The Board hereby guarantees said drainage
easements and a one hundred (100) foot right-of-way for streets.
3. That said road known as Valleypointe Parkway and which
is shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as a public road to become a part
of the State Secondary System of Highways in Roanoke County, only
25
89 3
December 3, 1991
from and after notification of official acceptance of said street
or highway by the Virginia Department of Transportation.
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: REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Eddy: (1) Asked that the Planning Commission
study the proposed APCO Transmission Line and bring back to the
Board their recommendation. Mr. Hodge will bring this issue to the
Planning commission in January. (2) Asked for direction from Mr.
Hodge regarding the authority of the Library Board. Mr. Hodge
advised he met with the Library Board and is not yet ready to make
a recommendation. (3) Asked about Voice Tel and the automated
message service. Mr. Hodge asked the Board members to let Clerk
Mary Allen know of any recommendations they have.
SUDervisor Johnson: Expressed concern about increases in
costs from Cox Cable TV when their services are decreasing.
SUDervisor Robers: Announced that the U. S. Congress had
appropriated $5.9 million for the "Smart" Highway.
SUDervisor McGraw: (1) Announced that the Christmas Tree
Lighting will be December 4. (2) Advised that the Blue Ridge
Region is continuing to meet. (3) Asked staff to bring back a
report on December 17 regarding allocation of funds from the sale
26
December 3, 1991
894 ,.
of Shamrock Park to improvements at Green Hill Park.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Fenton Harrison. 1638 Weaver Road. a member of the
Parks and Recreation Advisory Commission spoke in support of using
funds from the sale of Shamrock Park for Improvements to Green Hill
Park.
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 with Supervisor Robers absent,
having left the meeting at 5:15 p.m.
~ General Fund Unaoorooriated Balance
~ Caoital Fund Unaoorooriated Balance
~ Board Continqencv Fund
~ Reoort on Weed Ordinance Enforcement
County Attorney Paul Mahoney and Planning & Zoning Director
Terry Harrington will study efforts to strengthen the ordinance and
speed up enforcement and will bring a report back to the Board.
~ Uodate on Lease-Purchases
.2..:.. Annual Audit for Roanoke Vallev Convention and
visitors Bureau.
IN RE:
WORK SESSION
~ East Circumferential Biqhway.
27
89 5 -~
December 3, 1991
Economic Development Director Tim Gubala and VDOT Resident
Engineer Fred Al tizer presented the work session. VDOT is
proposing the construction of the East Roanoke Circumferential to
provide a connecting route between Interstate I-81 northeast of
Roanoke to Route 220 south of Roanoke. Mr. Gubala reported that the
staff recommends a NO BUILD option, but that VDOT should analyze
the Route 115 and alternate Route 220 segments as construction
alternatives.
IN RE:
OPEN SESSION
At 5:40 p.m., Supervisor Nickens moved to
Session. The motion carried by a unanimous
Supervisor Robers absent.
return to Open
voice vote with
IN RE:
EAST CIRCUMFERENTIAL HIGHWAY
Supervisor Nickens moved to support the "NO BUILD" option and
that VDOT, the Transportation Board, and area legislators be
informed. The motion was carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, McGraw.
NAYS: None
ABSTAIN: Supervisor Eddy
ABSENT: Supervisor Robers
IN RE:
EXECUTIVE SESSION
At 5:45 p.m, Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia 2.1-344 (a) (7) for
discussions with legal counsel and briefings by staff with respect
28
December 3, 1991
89 6 -A
"
._---------_._---_._--._-----~.._-_._--,-..,...--,_.
to various agreements pertaining to the smith Gap Landfill Member
Use Agreement. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Johnson, Nickens, McGraw
NAYS:
None
ABSENT:
Supervisor Robers
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-12391-9
At 6:29 p.m., Supervisor Johnson moved to return to Open
Session and adopt the Certification Resolution.
The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Johnson, Nickens, McGraw.
NAYS:
None
Absent:
Supervisor Robers
RESOLUTION 12391-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executi ve meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
29
89 7 ~
December 3, 1991
===
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 identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Johnson to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Johnson, Nickens, McGraw
NAYS:
None
ABSENT:
Supervisor Robers
IN RE:
ADJOURNMENT
At 6:30 p.m., Supervisor Nickens moved to adjourn. The
motion carried by a unanimous voice vote with Supervisor Robers
absent.
~~a. '7YZ~ ~;nC(
Steven A. McGraw, Chairman
30