7/10/1990 - Regular
July 24, 1990
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
July 24, 1990
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 second regularly scheduled
meeting of the month of July, 1990.
IN RE:
CALL TO ORDER
Chairman Robers called the meeting to order at 3:00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Richard W. Robers, Vice Chairman Steven
A. McGraw, Supervisors Lee B. Eddy, Bob L.
Johnson, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
John R. Hubbard, Assistant County Administrator
for Community Services and Development; John M.
Chambliss, Assistant County Administrator for
Human Services; Diane D. Hyatt, Director,
Finance; Paul M. Mahoney, County Attorney; Mary H.
Allen, Clerk; Anne Marie Green, Information
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July 24, 1990
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Officer; Brenda J. Holton, Deputy Clerk
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.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of Apnreciation to Virqinia Amateur Snorts.
Inc. and CorEast savings Bank for brinqinq the 1990
Virqinia State Games to the Roanoke Vallev.
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Mr. Douglas Fonder, Executive Director for Virginia Amateur
Sports, Inc., and Mr. Andy Shumate, Regional Executive, CorEast
Savings Bank, were present to receive the resolution.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-1 OF APPRECIATION TO VIRGINIA AMATEUR
SPORTS, INC. AND COREAST SAVINGS BANK FOR BRINGING THE 1990
VIRGINIA STATE GAMES TO THE ROANOKE VALLEY
WHEREAS, Virginia Amateur Sports, Inc., planned, promoted
and presented the 1990 Virginia state Games, providing an opportunity
July 24, 1990
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to athletes from allover the Commonwealth to participate in the
various events; and
WHEREAS, thousands of people visited the Roanoke Valley
during the three days of the Games, providing an economic benefit to
area businesses; and
WHEREAS, CorEast Savings Bank sponsored the 1990 Virginia
State Games, providing funding and support to Virginia Amateur Sports,
Inc.; and
WHEREAS, the 1990 Virginia State Games were a tremendous
success and an event of which the Roanoke Valley can be proud.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors hereby expresses its appreciation, and the
appreciation of its citizens to VIRGINIA AMATEUR SPORTS, INC., and to
COREAST SAVINGS BANK for bringing the 1990 Virginia State Games to the
Roanoke Valley; and
FURTHER, BE IT RESOLVED, that the Roanoke County Board of
Supervisors extends its sincere wishes for the continued success of
the Games in the Roanoke Valley.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~ Recoqnition of Diane Hvatt. Director. Finance. for
winninq National Association of Counties Information
Officers Award for Excellence for the Comnrehensive
557
July 24, 1990
Annual Financial Renort.
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Director of Finance Diane Hyatt was present to be recognized
for the award.
IN RE:
NEW BUSINESS
~ Yearlv renort from the Roanoke Countv Health
Denartment.
Chairman Robers announced that Dr. Margaret L. Hagan,
Director, Alleghany Health District, had to cancel this yearly report
due to a conflict in her schedule.
~ Annroval of Resolution requestinq Virqinia Association
of Counties to consider certain issues of statewide
siqnificance for adontion in its 1991 Leqislative
Program.
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County Attorney Paul Mahoney advised that based upon board
decisions made at the work session on July 10, 1990, there were three
issues suggested for adoption and submission to the Virginia
Association of Counties 1991 Legislative Program. These were (a)
support the findings, conclusions and recommendations of the Grayson
Commission (b) support additional state funding for human services
needs, including Medicaid reimbursement and funding for mandated
July 24, 1990
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programs, admlnlstrat1ve costs and equipment costs; and (c) support
the enactment of legislation granting equal borrowing and taxation
powers for cities and counties.
Supervisor McGraw suggested that at some point in the
process an addition to Item (c) should be made because of the
possibility of the state giving the deficit back to localities.
Supervisor Eddy inquired when consideration would be given
to 1991 legislative items for local legislators. Mr. Mahoney advised
that the local legislators would be invited to a special meeting in
October or November at which time local legislative requests would be
presented.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-2 REQUESTING THE VIRGINIA
ASSOCIATION OF COUNTIES TO CONSIDER CERTAIN ISSUES
OF STATEWIDE SIGNIFICANCE FOR ADOPTION IN ITS 1991
LEGISLATIVE PROGRAM
WHEREAS, the Virginia Association of Counties annually adopts a
legislative program for submission to the General Assembly for the
Commonwealth of Virginia; and,
WHEREAS, the Virginia Association of Counties has requested its
membership to submit to it issues of statewide significance for
consideration and adoption in its 1991 legislative program; and,
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
559
July 24, 1990
has considered and debated a variety of issues of statewide
significance for consideration by the membership of the Association.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA:
1) That the following issues of statewide significance are
hereby submitted to the Virginia Association of Counties for the
consideration of its membership for adoption in the 1991 legislative
program:
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a) Support the findings, conclusions and recommendations
of the Grayson Commission;
b) Support additional State funding for human services
needs, including Medicaid reimbursement and funding for
mandated programs, administrative costs and equipment
costs; and
c) Support the enactment of legislation granting equal
borrowing and taxation powers for cities and counties.
2) That the Clerk is hereby requested to mail a certified copy
of this resolution to the Virginia Association of Counties.
On motion of Supervisor Nickens to adopt resolution, and carried
by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
~ Claim of Kenneth L. Wriqht and Mary Y. wright for
nunitive damages in relation to drainaqe maintenance
nroiect in Penn Forest Subdivision.
July 24, 1990
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County Attorney Paul Mahoney advised that at the June 26,
1990, board meeting, a claim was denied from Mr. and Mrs. Wright for
the County to restore the drainage channel on the Wrights' property to
the condition it was prior to the alternations. The present claim
involves the same facts and circumstances and the Wrights are
requesting an award of punitive damages for "aggravated trespass".
Mr. Mahoney further advised that a finding of compensatory
damage is necessary for an award of punitive damages. It is
anticipated that the Wrights will pursue their claim in the Circuit
Court. Mr. Mahoney recommended this claim be denied.
Supervisor Nickens moved that the claim be denied. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, MCGraw, Johnson, Nickens, Robers
NAYS:
None
~ Request for authorization for narticination in the FEMA
Communitv Ratinq Svstem.
A-72490-4
County Engineering Director Phillip Henry advised that the
Federal Emergency Management Agency (FEMA) recently initiated a
Community Rating System (CRS) program to reward and recognize
Community Programs which reduce the impact and frequency of flooding.
CRS is similar to an insurance rating which allows a reduction in
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July 24, 1990
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premiums to people living in communities completing more than the
minimum requirements.
He further stated that based on information from FEMA, there
are 259 property owners in Roanoke County who have flood insurance.
The CRS Program would have ten different classification and each
change in class representing a 5% reduction in premium.
Roanoke County is currently providing activities that
qualify for reductions in flood insurance premiums and could provide
up to a 10% reduction. There are additional activities that could
provide more reductions in class and these will be presented to the
Board for their consideration, cost evaluation and possible approval
on a yearly basis.
In response to supervisor Eddy's question about how many
property owners in the valley should have flood insurance, Mr. Henry
advised that there are no statistics. Also, since this is a new
program starting in 1991, there are no statistics on how successful it
has been. Supervisor Nickens suggested that information about CRS be
included in Roanoke County Todav, aSking for citizen feedback.
Supervisor Nickens moved to proceed with the application.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Eddy asked if a work session with the Planning
July 24, 1990
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Comm1ss10n had been scheduled. Assistant County Administrator John
Hubbard advised that staff has one date acceptable to Planning
Commission members and is obtaining additional dates from the Planning
Commission.
IN RE:
REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING
ORDINANCE - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings and
set the public hearings for August 28, 1990. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
1. An ordinance modifying an existing Planned Unit
Development plan on a 2 acre tract generally located
within the Stonehenge PUD, south of Kelly Lane in the
Cave Spring Magisterial District. This request is to
permit the construction of a 16 unit, single building
condominium, upon the request of J. Allison Associates.
2. An ordinance modifying the proffered conditions on a
24.94 acre tract to increase the size (number of
bedrooms) of a portion of the 264 apartment units
previously approved; located on the west side of
Colonial Avenue, near the intersection of Ogden Road in
the Cave Spring Magisterial District, upon the request
of Occidental Development Ltd.
3. An ordinance modifying the proffered conditions on
approximately .25 acres to allow the use of the
property for a take-out restaurant and food service,
with the existing office and video store, located at
5314 Fallowater Drive in the Cave Spring Magisterial
District, upon the request of John Lee Davenport.
4. An ordinance rezoning two parcels containing a total of
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July 24, 1990
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approximately 1.78 acres from R-1 to B-1 for office
uses, located on the west side of Starkey Road north of
its intersection with Buck Mountain Road in the Cave
Spring Magisterial District, upon the request of Thomas
Scarce.
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5. An ordinance rezoning approximately .028 acres from B-
2 to M-1 to expand an existing grocery to include the
sale of tires and related services, located at the
southern intersection of State Route 904 (Starkey Road)
and 632 (Crescent Blvd.), in the Cave Spring
Magisterial District, upon the request of Norman T.
Wright.
6. An ordinance to modify the proffered conditions on a
2.25 acre parcel to permit the construction and
operation of a retail drive-thru window, located at
4515 Brambleton Avenue in the Windsor Hills Magisterial
District, upon the request of Springwood Associates.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizina the convevance of surplus real
estate and the acquisition of real estate and right-
of-wav for the Fort Lewis E-911 tower site.
0-72490-5
County Attorney Mahoney advised that an emergency situation
exists because of delays in the project and requested that the second
reading of the ordinance be waived and the ordinance adopted so that
the project can go forward.
Director of Real Estate Assessment, John Willey, was present
to answer questions concerning the staff report. He advised that this
will finish the tower siting for the secondary 9-1-1 System. There was
no discussion of this item.
Supervisor Nickens moved to waive the second reading and
July 24, 1990
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adopt the ord1nance. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
ORDINANCE 72490-5 AUTHORIZING THE CONVEYANCE OF SURPLUS REAL
ESTATE AND THE ACQUISITION OF REAL ESTATE AND A RIGHT OF WAY
FOR THE FORT LEWIS E-911 TOWER SITE
WHEREAS, the first reading of this ordinance was held on July 24,
1990; and the second reading of this ordinance was waived pursuant to
the provisions of Section 18.04 of the Roanoke County Charter, in that
an emergency is deemed to exist; and,
WHEREAS, pursuant to the provisions of Section 16.01 of the
Roanoke County Charter, certain real estate has been deemed to be
surplus in relation to the use for which it was originally acquired,
and is hereby made available for disposition.
THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, as follows:
1) That the conveyance of that certain tract of real estate
(Tax Map No. 43.00-1-43) containing approximately 5.25 acres of real
estate, previously a well lot, and designated as Lots 1 through 7 and
7A of Talking Leaves Park (as shown in Plat Book 3, Page 200 in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia) to
David W. Shelor and Constance R. Shelor is hereby authorized and
approved.
2) That the acquisition of a metal reservoir well lot
(approximately 100'x 100') from David W. Shelor and Constance R.
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July 24, 1990
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Shelor, on land of Shelor on the southern slope of Fort Lewis Mountain
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is hereby authorized and approved.
3) That the acquisition of a right-of-way and easement from
David W. Shelor and Constance R. Shelor, being the same as previously
granted to the Commonwealth of Virginia, Department of state Police
(as shown in Deed Book 1233, Page 174 in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia) for a period of five (5)
years, with an additional term, is hereby authorized and approved.
4) That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary to
accomplish these conveyances, all of which shall be on form approved
by the County Attorney.
5) That in order to provide for the immediate construction of a
radio tower for the Roanoke County E-911 radio system an emergency is
deemed to exist, that the second reading of this ordinance is hereby
waived, and that this ordinance shall be in full force and effect upon
its passage.
On motion of Supervisor Nickens to waive second reading and adopt
ordinance, and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance imnosinq or increasinq user fees for the
Parks and Recreation Denartment.
July 24, 1990
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Assistant County Administrator John Chambliss advised that
at the May 22, 1990, first reading of this ordinance, there were
concerns raised about protecting the youth activities and rather than
trying to recover the full user fees from youth participants, it was
suggested that a five dollar registration fee per participant be
considered.
Since the first reading, two meeting been held with
representatives from the Recreation Clubs and two meeting were held
with a sub-committee composed of one representative from each
geographic region of the County.
He advised that imposing fees for youth participation in
activities was not desired by the recreation clubs but in lieu of the
five dollars per participant registration fee, a compromise was
suggested to allow the recreation clubs to provide the equipment,
including the game balls, and also to drag and mark the ball fields
(Baseball, softball, football and soccer), including providing the
lime dust or paint for subsequent marking.
This effort should generate a cost savings of $30,650
annually to the Parks & Recreation Budget. The fees for youth
athletics were originally projected at $32,075.
Mr. Chambliss advised that there was an amendment to
paragraph "c" of the ordinance by inserting "clubs and department of
Parks and Recreation shall implement cost savings and cost sharing
alternatives to offset the fees which would have been generated
through the suggested user fees ($30,650 in the 1990-91 Budget)". He
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July 24, 1990
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t::xplC1.1.ut::d lhctl lids provlslon would allow cons1derat10n tor the
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particular sport or the particular geographic location.
Mr. Chambliss recommended adopting the revised ordinance
with the amended paragraph "c" and amending the budget by reducing
$30,650 from the revenue and expenditures of the General Fund in lieu
of adopting any fee for youth athletics.
Mr. Chambliss advised that the five dollar per registration
fee was the original recommendation of the Parks & Recreation
Commission and the Commission would support ways and means of sharing
the cost with the Recreation Clubs.
In response to Dr. Nickens' questions, Mr. Chambliss advised
that the current practice is to charge youth participants the five
dollar per team registration fee for football and soccer but not for
baseball and softball.
Mr. Chambliss responded to Supervisor Johnson's inquiry that
the $32,000 represents about 8% of overall cost of providing youth
athletics.
Supervisor Eddy stated he was concerned about the effect on
other programs such as Girl Scouts. Steve Carpenter, Director, Parks
& Recreation, advised that user fees would increase for non-athletic
programs such as dance, drama, arts and crafts, outdoor adventure,
leisure arts, and community education. He advised Supervisor Eddy that
the majority of community education programs are for youths, while
leisure arts had 25% to 28% youth participation, and outdoor drama
about 30%.
Supervisor Johnson pointed out his primary concern was that
July 24, 1990
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=< no youth 'Would be eliminated frOlu þC1L Llçipcttlon because of flnanc1al
consideration and Mr. Chambliss assured him that provisions for this
are contained in the ordinance.
Supervisor McGraw asked Steve Carpenter about the inequity
in the way the program is administered by taking the $32,000 from the
unappropriated balance fund instead of from the users of youth
athletic programs. Mr. Carpenter stated his belief that if additional
fees are going to be levied through user fees for programs, there
should be a general equity placement throughout all of the various
program divisions. He would recommend a fee policy that could be
broadly administered throughout the entire youth section as well as
other recreation sections in the County.
Mr. Carpenter advised that he supported the compromise
whereby the County would receive value from volunteer work provided on
behalf of the park maintenance division which would free up the park
division to do other work but felt this system could not be used in
the other program sections.
Supervisor McGraw expressed concern about eliminating
participation in various programs because of fee structure.
Supervisor Nickens suggested that there should be a program
of financial aid for youth participation similar to the reduced lunch
program in schools.
Mr. Chambliss advised that there is no uniform opinion among
the recreation clubs about the compromise proposal. Some of the clubs
are already marking the ballfields and some of the clubs indicated
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July 24, 1990
that they have difficulty getting volunteers to help mark the fields
as well as coach the teams.
(1) Sam Robinson, 4024 Ridge Drive, from Mason Cove
Recreation Club, was opposed to the user fee and pointed out many
others use the fields; difficult to get volunteers; and feels this is
taxpayers expense for youths.
(2) Fred Corbett, 5511 Stearnes Avenue, Cave Spring
National Little League, was opposed to the fees and both proposals but
willing to work out some compromise; concerned about participants in
other activities if the recreation clubs maintain the fields; feels
county should appropriate money from taxpayers and increase money to
parks & recreation budget.
Supervisor Nickens pointed out that the County has
appropriated additional funds for maintenance of the fields and
equipment.
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Supervisor McGraw advised Supervisor Nickens that the
concern for the parks and recreation budget was from a letter sent out
from staff implying a reduction in services if the fee is not
increased. Supervisor Johnson stated that the board is committed in
regard to youth activities and all types of family recreation.
In response to Supervisor Johnson, Mr. Carpenter advised
that during the last five years the acreage maintained by the county
has increased 85% and including Green Hill Park, probably 100%.
(3) Barbara Duerk, 2607 Rosalind Avenue, volunteer with
Virginia Skyline Girl Scout Council, was opposed to the fee because it
would jeopardize and eliminate participation in Parks & Recreation
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July 24, 1990
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OUtUUUL PLüYLC1m¡ dld not feel scholarsh1ps to program would be
effective; rate increase should be applied equally to all segments of
the populations affected.
(4) Jerry Higginbothan, 7215 Hollyberry Road, felt that
even though park acreage has increased 70%, need to look at County for
usable fields and not acreage; Cave Spring area has had only one field
in last ten years.
(5) Vince Joyce, 6039 Marsh Wren Lane, Vice Chairman, Parks
& Recreation Advisory Commission, stated that the establishment of
increased fees to help offset costs is fully endorsed by the Parks &
Recreation Advisory Commission; they endorse the alternative
compromise of recreation club maintenance in lieu of increased fees;
they feel the new fee policy should not exclude youth athletics.
Following further discussion, Supervisor Nickens moved the
staff recommendation of adopting the revised ordinance with the
modification in Paragraph "c", page 3, and amending the budget by
$30,650.
Supervisor Eddy offered a substitute motion to delay the
second reading until the August 14, 1990 meeting for staff to bring
back a report concerning the percentage of youth participation in
other categories, including alternatives and evaluation of
differential fees between youths and adults, with dollar costs.
AYES: Supervisors Eddy, Johnson, Robers
NAYS: Supervisors McGraw, Nickens
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July 24, 1990
~ Ordinance authorizinQ the reconvevance of the former
joint fire station site in the Roanoke-Botetourt
Industrial Park to the Greater Roanoke Valley
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Development Foundation and the Roanoke Vallev
Develonment cOrDoration.
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There was no discussion of this item.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
Supervisor Johnson directed that a letter of appreciation
for the donation of the site for the joint fire station be sent to
Greater Roanoke Valley Development Foundation and Roanoke Valley
Development Corporation.
ORDINANCE 72490-6 AUTHORIZING RECONVEYANCE OF THE FORMER
FIRE STATION SITE IN THE ROANOKE-BOTETOURT INDUSTRIAL PARK
TO GREATER ROANOKE VALLEY DEVELOPMENT FOUNDATION AND ROANOKE
VALLEY DEVELOPMENT CORPORATION
WHEREAS, a certain parcel of real estate located in Botetourt
County, Virginia, was deeded to the Board of Supervisors of Roanoke
County, Virginia, and the Board of Supervisors of Botetourt County,
Virginia, for the specified purpose of constructing a fire station;
and,
WHEREAS, the donation of said parcel to the Counties was subject
to the condition that the property would revert to the Grantors in the
July 24, 1990
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t::vent that the ~OUnt1es had not appropriated funds for and had not
begun construction of a fire station on the parcel within five years,
namely by November 24, 1991; and,
WHEREAS, the Counties have reached an agreement to construct the
joint fire station on a different parcel of land and the subject
parcel will not be used for the specified purpose.
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 July 10, 1990; and a second reading was held on
July 24, 1990; and,
2. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the remaining rights in the subject parcel
of real estate are hereby declared to be surplus and the condition
applicable to the property renders it unacceptable and unavailable for
other public uses; and,
3. That reconveyance of the subject parcel, described as Parcel
B, consisting of 2.183 acres, located to the north of Route 460 in the
Roanoke-Botetourt Industrial Park, in the Bonsack area of the Blue
Ridge District, County of Botetourt, Virginia, to the Greater Roanoke
Valley Development Foundation and the Roanoke Valley Development
Corporation, is hereby authorized.
4. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary to
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July 24, 1990
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accomplish th1s conveyance, all of which shall be on form approved by
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the County Attorney.
On motion of Supervisor Johnson to adopt ordinance, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, JOhnson, Nickens, Robers
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR EDDY: He received board concurrence for County
Attorney and Zoning Director to evaluate noise and zoning ordinances
in view of recent loud neighborhood party.
SUPERVISOR MCGRAW: He reported on his attendance representing
Roanoke County and VACo at NACo Conference in Florida.
SUPERVISOR JOHNSON: He requested that Keith Cook study and
evaluate the contract for Deferred compensation Program for
competitive rates.
SUPERVISOR NICKENS: (1) He requested that the County
Administrator, together with Dr. Bayes Wilson, Superintendent, Roanoke
County Schools, bring back to the August 14, 1990 meeting a
contingency plan should there be a reduction in aid to localities from
the Governor. (2) He requested that the County reimburse the
recreation clubs that purchased the liability insurance to operate
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July 24, 1990
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vend1ng. (3) He expressed appreciation that agenda packet was
received one day earlier than usual.
IN RE:
APPOINTMENTS
~ Board of Zonina An~eals
~ Buildina Code Board of Adiustments and Anneals
~ communitv Corrections Resource Board
~ Landfill Citizens Advisorv Committee
A-72490-7
~ Southwest Virainia Health Svstems Aaency
Supervisor Eddy moved to nominate and submit Richard W.
Robers as nominee from Roanoke County for selection to the South
Virginia Health Systems Agency Board of Directors.
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE:
CONSENT AGENDA
ALL MATTERS LISTED ONDER THE CONSENT AGENDA ARE CONSIDERED
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July 24, 1990
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BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORK OR FORKS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
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Supervisor Johnson moved to approve the consent resolution
with minor corrections to maps on Items 3, 4, 5, and 6. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board of
Supervisors for July 24, 1990, designated as Item L Consent Agenda be,
and hereby is, approved and concurred in as to each item separately
set forth in said section designated Items 1 through 8 as follows:
1. Approval of Raffle Permit - The Knights Booster Club at
Cave Spring High School.
2. Acknowledgement from the Virginia Department of
Transportation of the acceptance of 0.45 mile of Cedar
Edge Road (Route 2035) into the Secondary System.
3. Resolution requesting changes in Secondary System due
to relocation and reconstruction of Sugarloaf Mountain
Road (Route 692).
4. Resolution requesting changes in Secondary System due
to relocation and reconstruction of Roselawn Road
(Route 689).
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July 24, 1990
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5. Resolution requesting changes in Secondary System due
to relocation and reconstruction of Brookridge Road
(Route 660).
6. Resolution requesting changes in Secondary System due
to relocation and reconstruction of Tinsley Lane (Route
711) .
7. Authorization to settle pending litigation with
Fabricated Metals, Inc. for outstanding utility bills.
8. Resolution supporting Total Action Against Poverty's
application for grant from the Virginia Indoor Plumbing
Program
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items the
separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt resolution with
minor corrections to maps on Items 3, 4, 5, and 6, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-a.c REQUESTING CHANGES IN SECONDARY SYSTEM
DUE TO RELOCATION AND RECONSTRUCTION OF SUGARLOAF MOUNTAIN
ROAD (ROUTE 692)
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 a portion Sugarloaf
Mountain Road (Route 692) which was relocated and reconstructed under
s;;"... "7
;.;ll
July 24, 1990
VDOT Project 0692-080-199,M-502;
2. That it appears to the Board of Supervisors that portions of
~
Secondary Route 692, from north of the intersection with Route 689 to
a point north of Smokey Ridge Road for a combined distance of 0.14
miles has been altered; a new road has been constructed and approved
by the state Transportation Commissioner, which new road serves the
same citizens as the road so altered; and these changes are shown on
the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO
RELOCATION AND RECONSTRUCTION ON ROUTE 692, PROJECT 0692-080-199,M-
502, DATED IN RICHMOND, VIRGINIA, ON NOVEMBER 2, 1987";
3. That the portion of Secondary Route 692, i.e., Section #3
for a distance of 0.09 miles, and Section #4 for a distance of 0.05
miles, are hereby added to the Secondary System of State Highways,
pursuant to Section 33.1-229 of the Code of Virginia, as amended.
4. That the Commonwealth Transportation Board take necessary
action to discontinue the sections of old location, i.e., Section #1
and #2 for a total distance of 0.10 mile as part of the Secondary
System of State highways pursuant to Section 33-76.7 of the Code of
Virginia, as amended.
On motion of Supervisor Johnson to adopt resolution, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
July 24, 1990
578
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RESOLUTION 72490-8.d REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF ROSELAWN ROAD (ROUTE 689)
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 a portion of Roselawn
Road (Route 689) which was relocated and reconstructed under VDOT
Project 0689-080-192;
2. That it appears to the Board of Supervisors that Secondary
Route 689 from the intersection of Route 1537 eastward to 0.539 miles
east of Route 1537, for a distance of 0.539 miles has been altered;
new roads have been constructed and approved by the State
Transportation Commission, which new roads serve the same citizens as
the roads so altered; and these changes are shown on the attached
sketch titled .. CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION ON ROUTE 689, PROJECT 0689-080-192,C-501, DATED AT
RICHMOND, VIRGINIA, SEPTEMBER 26, 1986".
3. That the portions of Secondary Route 689, i.e., Sections 7,
8, 9, 10 and 11, for a total distance of 0.23 miles; and that portions
of Secondary Route 690, i.e., Sections 12 and 13 for a total distance
of 0.10 miles be, and are hereby added to the Secondary System of
State Highways pursuant to Section 33.1-229 of the Code of Virginia,
as amended;
4. That sections of old locations of Route 689, i.e., Sections
#1, 2, 3 and 5 for a total distance of 0.21 miles, and a Section of
579
July 24, 1990
old location of Route 690, i.e., Section #6 for a distance of 0.09
-
miles be, and are hereby abandoned as public roads, pursuant to
Section 33.1-155 of the Code of Virginia, as amended;
5. That the State Highway Commission be requested to take
necessary action to discontinue the section of old location of Route
689, i.e., Section 14, a total distance of 0.14 miles, as part of the
Secondary System of State Highways as provided in Section 33-76.7 of
the Code of Virginia of 1950, as amended.
On motion of Supervisor Johnson to adopt resolution, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-8.e REQUESTING CHANGES IN SECONDARY SYSTEM
DUE TO RELOCATION AND RECONSTRUCTION OF BROOKRIDGE ROAD
(ROUTE 660)
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 a portion of
Brookridge Road (Route 660) which was relocated and reconstructed
under VDOT Project 0660-080-173,M-502;
2. That it appears to the Board of Supervisors that portions of
Secondary Route 660 from 0.60 miles north of the south intersection
with Route 617 to a point 0.72 miles northwest of the south
intersection of Route 617 for a total distance of 0.12 miles has been
July 24, 1990
5' R If)',
~'I ''i,¡,;
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altered; a new road has been constructed and approved by the state
Transportation Commissioner, which new road serves the same citizens
as the road so altered; and these changes are shown on the attached
sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF ROUTE 660, PROJECT 0660-080-173-M-502, DATED IN
RICHMOND, VIRGINIA, ON JULY 6, 1988";
3. That the portion of Secondary Route 660, i.e., Section #2
for a distance of 0.118 miles be, and is hereby added to the Secondary
System of State Highways, pursuant to Section 33.1-229 of the Code of
Virginia, as amended;
4. That the section of old location, i.e., Section #1 for a
distance of 0.04 miles, is hereby abandoned as a public road, pursuant
to Section 33.1-155 of the Code of Virginia, as amended.
On motion of Supervisor Johnson to adopt resolution, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-a.f REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF TINSLEY LANE (ROUTE 711)
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 a portion of Tinsley
Lane (Route 711) which was relocated and reconstructed under VDOT
"
58 ''¡
July 24, 1990
-
-
Project 0221-080-106,C-501;
2. That it appears to the Board of Supervisors that Secondary
Route 711, from the intersection of Route 221 northwestward to 0.07
miles west of Route 221, a distance of 0.07 miles, has been altered; a
new road has been constructed and approved by the State Transportation
Commissioner, which new road serves the same citizens as the road so
altered; and these changes are shown on the attached sketch title
"CHANGES IN PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF ROUTE 221, PROJECT 0221,080-106,PE-101,RW-201,C-
501, DATED AT RICHMOND, VIRGINIA, ON MARCH 26, 1986";
3. That the portion of Secondary Route 711, i.e., section #2,
for a distance of 0.07 miles be, and is hereby added to the Secondary
System of State Highways, pursuant to Section 33.1-229 of the Code of
Virginia, as amended;
4. That the section of old location, i.e., Section #1, for a
total distance of 0.07 miles be, and is hereby abandoned as a public
road, pursuant to section 33.1-155 of the Code of Virginia, as
amended.
On motion of Supervisor Johnson to adopt resolution, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 72490-8.h SUPPORTING TOTAL ACTION AGAINST
POVERTY'S APPLICATION FOR A GRANT FROM THE
VIRGINIA INDOOR PLUMBING PROGRAM
July 24, 1990
""'" ri'
S ~ t..
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WHEREAS, Governor L. Douglas Wilder and the 1990 General
Assembly approved funding for the Indoor Plumbing Program to provide
-
grants and loans for the improvement of plumbing facilities for lower-
income Virginians; and
WHEREAS, the goal of the Indoor Plumbing Program is to
assist lower-income families and individuals in obtaining safe and
decent sanitary facilities within their houses; and
WHEREAS, Total Action Against Poverty's Housing and
Emergency Rehab Program wishes to apply for a $250,000 grant to
complete twenty-seven (27) indoor plumbing units, at a cost of
approximately $8,333 per unit, plus energy improvements and
water/sewage connections; and
WHEREAS, these twenty-seven (27) units will be built in the
Counties of Roanoke, Craig, Rockbridge, Alleghany, Botetourt and the
area around the City of Salem.
THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, strongly endorses the proposed improvement
of plumbing facilities for lower-income Virginians; and
FURTHER, the Board of Supervisors of Roanoke County,
Virginia, support Total Action Against Poverty's application for a
grant from the Virginia Indoor Plumbing Program to construct these
facilities.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~y
~,'d~ J
JV
July 24, 1990
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IN RE:
REPORTS
reports.
Supervisor Johnson moved to received and file the following
Supervisor Eddy made a substitute motion to receive and file
Reports 1, 2, and 3, and requested that the County Attorney discuss
Reports 4, 5, and 6. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~ Canital Fund Unannronriated Balance
~ General Fund unapnropriated Balance
~ Board continaencv Fund
~ Renort on Hidden Va1lev drainaae comnlaint - Mrs.
Graham/Mr. Flora
Paul Mahoney advised that Mr. Homer Duff, Director, Roanoke
County Schools Facilities and Operations, advised Mrs. Graham that the
School Board had approved modifications to the drainage system at
Hidden Valley. Several alternatives to resolve the problem were
suggested and explored by the Engineering Department. Mr. Mahoney did
not feel that the alternative suggested by the School Board would be
acceptable to Mrs. Graham.
Mr. Mahoney recommended that this situation should be
resolved by the School Board and any claims submitted to them. The
County has no legal interest in this process and would not be
July 24, 1990
~R4
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responsible for any claims or liability.
Supervisor Nickens moved to refer this matter to the School
Board and inform Mrs. Graham and Mr. Flora.
AYES: Supervisor Eddy, McGraw, Nickens, Robers
NAYS: None
ABSENT: Supervisor Johnson
~ Renort on Disnosal of Animal Waste (TO BE PROVIDED BY
COUNTY ATTORNEY)
Supervisor Eddy advised that Mr. Mahoney prepared this
report as the result of a citizen complaint submitted to him.
After discussion, Supervisor Eddy requested that the County
Attorney and County Administrator write a letter to the owner of
Seaboard Farms with the strong suggestion for them to follow
directives issued in the past.
It was the consensus of the Board that the County Attorney
also proceed with writing a letter to the State Water Control Board to
encourage their proceeding with enforcement activities. Supervisor
Eddy requested that the Economic Development Director be consulted in
the preparation of these letters.
~ Renort on Penal tv for Late Filinq of Personal Property
Tax (TO BE PROVIDED BY COUNTY ATTORNEY)
585
July 24, 1990
-.
Supervisor Eddy asked the County Attorney to summarize and
=
comment on the board report.
Supervisor Nickens moved to go into Executive Session for
discussion of this matter pursuant to Section 2.1-344 (a) (7) to
consider a legal matter or pending litigation.
Supervisor McGraw made a substitute motion that if the board
wanted to discuss this report further, the only way to discuss it
would be in Executive Session. The motion was carried by the
following recorded vote:
AYES:
Supervisor McGraw, Nickens, Robers
NAYS:
Supervisor Eddy
ABSENT:
Supervisors Johnson
IN RE:
EXECUTIVE SESSION
At 4:55 p.m., Supervisor Nickens moved to go into Executive
Session for discussion according to Section 2.1-344 (a) (7) to
consider a legal matter or pending litigation.
The motion carried by
the following recorded vote:
AYES: Supervisor Eddy, Nickens, Robers
NAYS: Supervisor McGraw
ABSENT: Supervisor Johnson
r
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
At 5:15 p.m., Supervisor Nickens moved to return to Open
July 24, 1990
586
-
sess10n and adopt a resolution certifying the Executive Session. The
.
motion carried by the following recorded vote:
AYES:
Supervisor Eddy, Nickens, McGraw, Robers
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 72490-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
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 Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Nickens, Robers
5 e 7
July 24, 1990
-
NAYS:
None
F=
ABSENT:
Supervisor Johnson
IN RE:
ADJOURNMENT
At 5:17 p.m., Supervisor Nickens moved to adjourn. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Nickens, Robers
NAYS:
None
ABSENT:
Supervisor Johnson
~bers.
Chairman