HomeMy WebLinkAbout11/9/1988 - Regular
I
I
~
I
I
November 9, 1988
24 ~ ::
. .-,.,- ,',--" --
.,;.....
Roanoke County Board of Supervisors
Roanoke County Aqrninistration Center
-3738 Brambleton Avenue, SW
Roaí10ke¡. V).rginià 24018
~-
~\~
November 9, 1988
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the second Wednesday, and the
first regularly scheduled meeting of the month of November, 1988.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3:05
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
Robers, Supervisors Bob L. Johnson, Steven
A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney,
24 2 .
November 9, 1988
County Attorney, Mary H. Allen, Deputy
Clerk
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Arthur E.
Grant. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF
AGENDA ITEMS:
Chairman Garrett announced that Item D-9, a report from
the Mental Health Services of the Roanoke Valley has been
postponed until November 22.
County Administrator Elmer Hodge requested that a
Raffle Permit request for Northside Junior High School be added
to the Consent Resolution.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS:
1. Proclamation declarina the week of November 13-19
as AMERICAN EDUCATION WEEK: Chairman Garrett read the
proclamation and it was presented to Bob Kenston, President of
the Roanoke County Education Associatioan, Frank Thomas, chairman
of the Roanoke County School board, and Bayes Wilson, School
I
I
I
I
November 9, 1988
243A
Superintendent. Dr. Wilson thanked the Board of Supervisors and
invited them to attend the schools during this week.
Supervisor Johnson moved to adopt the proclamation.
The motion was seconded by Supervisor Nickens and carried by a
unanimous voice vote:
IN RE:
NEW BUSINESS
1. Resolution authorizina an aareement with the Va.
DeDartment of TransDortation and the City of Roanoke to construct
a drainaae facility on Nelms Lane: Director of Engineering,
Phillip Henry advised that in July 1986, the Va. Department of
Transportation submitted a set of preliminary plans and a
proposed agreement for a drainage facility on Nelms Lane. The
project originated because of the flooding in their area. The
drainage improvements were added the Six Year Secondary Highway
Construction Plan in 1986 with VDOT's 50% share of the necessary
costs added to the project. Roanoke County's drainage program
will provide the County's 50% share of the costs.
Staff recommends that the County Administrator be
authorized to enter into an agreement with VDOT and authorize
cost participation. The funding could be considered as part of
the FY 1989-90 drainage budget.
24 4 ~~
November 9, 1988
Mr. Hodge suggested that the people in the neighborhood
be asked to participate in the costs of the project to insure
that the funding is available if the drainage program is not
included in the future budget. Supervisor Johnson advised he
preferred that it remain a part of the drainage program.
Supervisor Johnson moved to to approve the staff
recommendation. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 11988-1 AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE VIRGINIA DEPARTMENT
OF TRANSPORTATION AND THE CITY OF ROANOKE TO
CONSTRUCT A DRAINAGE FACILITY ON NELMS LANE
WHEREAS, the County of Roanoke, the Virginia Department of
Transportation, and the City of Roanoke have recognized an unde-
sirable drainage situation existing in the vicinity of the inter-
section of Nelms Lane and Malvern Road in Roanoke County; and
WHEREAS, the County of Roanoke, the Virginia Department of
Transportation, and the City of Roanoke desire to participate in
the improvement of this undesirable drainage situation and to
establish responsibility for the cost of said improvements; and
WHEREAS, the Virginia Department of Transportation has pre-
pared plans for said improvement being project 80-0840-5607-008,
Route 840, Nelms Lane; and
I
I
I
I
,.,
November 9, 1988
245
4
WHEREAS, this project has been previously approved by the
Board of Supervisors of Roanoke County and the Virginia Depart-
ment of Transportation and was placed on the Six Year Secondary
Road Construction Program; and
WHEREAS, County staff has reviewed the proposed agreement
and recommends approval thereof, subject to the limitations con-
tained herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the County Administrator is authorized to enter
into an agreement with the Virginia Department of Transportation
and the City of Roanoke to construct project 80-0840-5607-008,
Route 840, Nelms Lane, upon approval as to form by the County
Attorney.
2. That Roanoke County agrees to pay one-half of the total
project expense from the anticipated Drainage Program budget for
fiscal year 1989-1990; however this agreement is subject to and
contingent upon a future appropriation for this program budget by
the Board of Supervisors for fiscal year 1989-1990.
3. That Roanoke County agrees to pay one half of the total
project expense incurred by the Virginia Department of Transporta-
tion from the Secondary Road Improvement Funds allocated to Roa-
noke County's Secondary Road System.
-~
2 4 6 of
November 9, 1988
4. That the Board hereby amends its Drainage Program prior-
ity list to accommodate this project, and agrees to amend the
priority program for the expenditure of funds for the six-year
plan for improvements to the secondary road system of the County
to accommodate this project.
5. That the County Administrator is directed to forward a
certified copy of this resolution to the Virginia Department of
Transportation Commissioner, Ray D. Pethtel, and the Resident
Engineer, F. C. Altizer.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
2. Resolution authorizina the donation of a house to
the Back Creek Volunteer fire ComDanv: Fire and Rescue Chief
Tommy Fuqua reported that the property purchased for the Back
Creek Fire Station also includes a house. There have been no
bids received when the house was advertised for sale because the
house must be moved. The volunteer fire company has requested
that the house be donated to them and they will dispose of the
house, with any funds received applied to the station
construction cost. Staff recommends that the house be donated to
the Back Creek Volunteer Fire Company with removal required by
I
I
I
I
"
November 9, 1988
247 ~
_ ._'..." «0'.__ .'
December 15, 1988, and funds received applied to the station
construction costs.
In response to a question from Supervisor Garrett, Mr.
Fuqua stated they had tried to find a use for the house but did
not feel it was feasible to use because of the cost to renovate.
Supervisor Garrett moved to approve the staff
recommendation. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 11988-2 SUPPORTING THE
DONATION OF A HOUSE TO BACK CREEK
VOLUNTEER FIRE COMPANY
WHEREAS, property purchased by Roanoke County for the
construction of a Back Creek Fire Station includes a house; and
WHEREAS, County staff has determined that the house
cannot be utilized and that it must be moved or demolished to
allow construction of the fire station; and
WHEREAS, County's Procurement Department has advertised
the house for sale; and
WHEREAS, no bids were received due to the excessive
costs associated with moving the house; and
WHEREAS, the Back Creek Volunteer Fire Company has
requested that the County donate the house to them for
demolition.
~
248
November 9, 1988
NOW, THEREFORE, be it resolved by the Board of
Supervisors of Roanoke County, Virginia, that said Board supports
the donation of the house to the Back Creek Volunteer Fire
Company for demolition thereof on or before December 15, 1988.
On motion of Supervisor Garrett, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
3. Reauest bv Jerrv W. Grubb for waiver of the
Provisions in the County Water Ordinance: Utility Director
Clifford Craig reported that Mr. Grubb had purchased a lot in the
Stonewood Subdivision for his personal residence. The
subdivision was approved for water and sewer to be provided by
on-lot systems. Mr. Grubb has applied for water service to his
lot by a lateral through a private easement to the public water
line on Standford Drive. This would not comply with the county
ordinance and his request was denied. Mr. Grubb is now asking for
a waiver of the ordinance to permit him to extend water to his
lot. Staff recommends that the Board of Supervisors not waive
the water ordinance since Mr. Grubb could provide water with a
private well.
Supervisor McGraw moved to to approve the staff
recommendation and deny the waiver. The motion was seconded by
Supervisor Johnson and carried by the following recorded vote:
I
I
I
I
249
November 9, 1988
-.-" _.~.- 'þ_.'~._--- ,_.
-l
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
4. Cancellation of the December 27, 1988 meetina and
schedulina of the Oraanizational Meetina in 1989:
Supervisor Nickens moved to to adopt a resolution.
canceling the December 27th meeting and setting the
organizational meeting for 1989. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 11988-4 CANCELING A REGULAR
MEETING IN DECEMBER AND SCHEDULING THE
ORGANIZATIONAL MEETING
WHEREAS, by Resolution R1488-2 adopted on January 4,
1988, the Board of Supervisors established a regular meeting sche-
dule for the Board for calendar year 1988; and
WHEREAS, in order to accommodate the public business
and the convenience of the citizens as it relates to the holidays
in December and January, this meeting schedule is hereby amended.
NOW, THEREFORE, be it resolved by the Board of Supervi-
sors of Roanoke County, Virginia, as follows:
1. That Resolution R1488-2 establishing a certain regu-
lar meeting schedule for the Roanoke County Board of Supervisors
is hereby amended by canceling the meeting scheduled for December
27, 1988; and
25 0
November 9, 1988
2. That any public hearing which would have been sche-
duled and heard on December 27, 1988, shall be held at 7:00 p.m.
on Tuesday, December 13, 1988, at the Roanoke County Administra-
tion Center at 3738 Brambleton Avenue; and
3. That the annual organizational meeting for 1989 for
the Roanoke County Board of Supervisors is hereby scheduled for
Wednesday, January 4, 1989, at 9:00 a.m. at the Roanoke County
Administration Center at 3738 Brambleton Avenue.
4. That the County Administrator shall cause a copy of
this Resolution to be posted at the Courthouse, the Roanoke
County Administration Center, and each County library, and
advertised in the Roanoke Times and World News on November 22,
1988 and November 29, 1988.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
5. Authorization to eXDend funds on Bushdale Road:
Engineering Director Phillip Henry explained that Bushdale Road
is a private road serving five families that has become
impassable during winter months in past years. It has been
included on the rural additional priority list but very little
has been done toward taking it in to the State System. Staff is
I
I
I
I
November 9, 1988
25 1
__ "_~. ~'W'_'_
- '.~, ..._" --~ ..,-,
~ ,'-- .~ .
requesting an allocation of $1,000 to minimally maintain the road
if it again becomes impassable.
Supervisor McGraw expressed concern that this would be
setting a precedent for other roads in similar circumstances.
Supervisor Nickens pointed out only seven roads listed on the
rural addition priority listing could require this type of
maintenance.
Supervisor Nickens moved to approve the staff
recommendation. The motion was seconded by Supervisor Johnson.
Supervisor McGraw felt that the other six roads should also be
included for maintenance as necessary. Supervisor Nickens agreed
to amend the motion to include emergency work for the other six
roads if they become impassable.
Supervisor Nickens moved to approve the staff
recommendation amended to fund the other six roads included in
the 1987-88 Rural Addition Priority Listing if emergency
conditions exist with funding not to exceed $1,000. If the funds
necessary exceed $1,000, the matter will be brought back to the
Board. The motion was seconded by Supervisor Johnson and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 11988-5 AUTHORIZING THE
EXPENDITURE OF FUNDS - BUSHDALE ROAD, AS
AMENDED
~
25 2 .
November 9, 1988
WHEREAS, Bushdale Road is a private road located in the
Vinton Magisterial District of Roanoke County; and
WHEREAS, due to the age and economic status of the pro-
perty owners on Bushdale Road, the road has deteriorated and be-
come impassable in past years during the winter months; and
WHEREAS, the property owners on Bushdale Road have peti-
tioned to have the road accepted into the State Secondary System
through the rural additions program; and
WHEREAS, the Roanoke County Engineering Department has
designated road bond projects as its number one priority in order
to meet the deadline of expenditure of the Road Bond funds by
July 1, 1989, thus making the rural addition a lesser priority;
and
I
WHEREAS, engineering staff has recently inspected Bush-
dale Road and determined the road to be in satisfactory condition
with adequate access to all property owners; and
WHEREAS, based on prior years it is reasonable to
assume that Bushdale Road may deteriorate and become impassable
during the winter months; and
WHEREAS, Roanoke County does not maintain private roads
therefore any emergency repair or maintenance of Bushdale Road by
Roanoke County would be undertaken in order to provide for the
health, safety, and welfare of its citizens; and
I
I
I
November 9, 1988
25 3
~'.'-" -'-'-~~""""
WHEREAS, there are no specific funds allocated in the
Roanoke County budget for private road maintenance; and
WHEREAS, any monies expended for the maintenance of
Bushdale Road would have to be allocated from the Board contin-
gency account.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi-
sors of Roanoke County, Virginia, that said Board supports the
expenditure of County funds for any emergency repairs or mainten-
ance of Bushdale Road or any of the seven roads listed on the
87/88 rural addition priority list, due to the possible
deterioration of the road during the winter months; that the
County Engineer or his designee shall make such inspections
necessary to determine if emergency repairs or maintenance are
needed; and that if such repairs to Bushdale Road are necessary,
the expenditure of funds from the Board contingency account in an
amount not to exceed One Thousand ($1,000) Dollars to accomplish
this purpose for Bushdale Road is hereby authorized.
On motion of Supervisor Nickens, amended to include the
seven roads listed on the 87/88 rural addition priority listing,
seconded by Supervisor McGraw and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, McGraw, Nickens, Robers, Garrett
None
~
r
I
254
November 9, 1988
6.
Inclusion of Additional Roads into the Rural
Addition Proaram: Fred Altizer, Virginia Department of
Transportation explained that the Board of Supervisors determines
what roads are added to the list. He outlined the procedure for
prioritization.
In response to a question from Supervisor Johnson, Mr.
Henry advised the County did not have estimated figures on the
costs for each road. He advised that all projects on the current
list will be more than $50,000.
Supervisor McGraw moved to adopt the priority list.
The motion was seconded by Supervisor Robers.
Supervisor
Nickens and Johnson expressed concern that by listing these
roads, the county will raise false hopes to the citizens since
there is no time frame for completion, and it will probably take
two to three years for completion.
Supervisor Johnson requested a realistic time frame for
these road improvements so the citizens are aware of how long the
process may take.
Supervisor Johnson moved to postpone for 30 days for
staff to work on a process for establishing priorities. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
I
I
I
I
November 9, 1988
25 5
...~~ -'-,-"-" . .~._-~-~,,_.
7. ADDroDriation for Dixie Caverns Removal Prolect:
Mr. Craig reported that the quantity of contaminated material was
much greater than was planned when the budget was set up. Exact
figures are still not available, but staff is requesting an
additional $260,000 for the removal project. When estimated
costs to remove the additional material are complete, staff will
request an additional appropriation. Total funding as of this
date are $1,117,000.
Supervisor McGraw moved to approve the funding request.
The motion was seconded by Supervisor Garrett and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
8. ReDort from Sheriff Kavanauah reaardina schedulina
chanaes: Sheriff Kavanaugh advised that he has made changes to
the schedule which will take place in January 1989 to add more
manpower at specific times such as late evening and early morning
hours and on weekends. The new system will allow for three
10-man platoons working four 10-hour days with a three-day break.
This will allow overlap of platoons at certain times between
platoons. There will also be a change from six districts to nine
districts. It will be necessary to upgrade two positions and
request two new positions during the budget process.
~
256
November 9, 1988
In response to a question from Supervisor Johnson,
Sheriff Kavanaugh advised that the districts were determined by
the sergeants and officers on the road based on their experiences
and response time.
IN RE:
REQUESTS FOR WORK SESSIONS
1. Reauest for Work Session to review EmDlovee
Handbook: Supervisor Johnson moved to set the work session for
November 22, 1989. The motion was seconded by Supervisor Nickens
and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance acceDtina an offer for and authorizina
the sale of .55 acre, more or less, in the Southwest Industrial
Park: County Attorney Paul Mahoney reviewed the proposed
ordinance. No one was present to speak to the ordinance.
Supervisor Nickens moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
~
I
I
November 9, 1988
25 7
2. Ordinance acceDtina an offer for and authorizina
the sale of two acres, ore or less, in the Southwest Industrial
Park: Economic Development Specialist Brian Duncan reported that
Insulation Systems is interested in locating in the park. It
will create 10 jobs the first year. There will be a 20,000
square foot distribution and factory facility at the park. The
sale is $50,000 with tax revenue estimated at $7,000.
Supervisor Johnson requested that the staff report on
the remaining acreage and the costs associated with the park.
Mr. Duncan responded there are nine acres left, with three
reserved for a rail site. Mr. Duncan will report back with the
other information.
Supervisor Robers moved to approve first reading of the
ordinance. The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
3. Ordinance acceDtina an offer for and authorizina
the sale and conveyance of surDlus real estate - well lot, Glen
Forest: Mr. Mahoney advised that the County had received an
offer for this well lot and the proceeds will be allocated to the
capital improvement fund.
25 8
November 9, 1988
Supervisor Robers moved to approve first reading. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett
NAYS: None
4. Ordinance establishina certain Drocedures for
financina of local Dublic works imDrovements, authorizina the
for notice
ns and a ursuant to the statu s for such
cases made and Drovided: Mr. Mahoney reported that this
ordinance establishes the procedures of the policy to finance
local public works improvements through assessments on abutting
property owners. The policy was approved by the Board on October
11, 1988. The ordinance addresses the legal procedures based on
several alternatives which include 100% agreement by all affected
property owners, petitions of 60% of affected landowners, by vote
of two-thirds of the Board or by creation of a special district
authorized by the Charter. Each specific project would require a
specific ordinance identifying amounts, interest rates, and
other requirements of each project. Most of the procedures in
the draft ordinance are taken from the state code requirements.
Supervisor Nickens expressed concern that a committee
of only two members would determine the costs of the improvements.
I
I
I
I
November 9, 1988
25 9
. .', --.._---,...._.~.....~.'-_.-. ._"~. --
Mr. Mahoney responded that this is the initial administrative
review, but the board may expand upon the committee.
Concern was also expressed about the percentage of 60%
agreement rather than 75% as necessary for road improvements.
Supervisor McGraw moved to to approve first reading of
the ordinance amended that 75% of the residents must petition for
improvements rather than 60%. The motion was seconded by
Supervisor Garrett and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
5. Ordinance amendina and reenactina ChaDter 10,
Licenses, and Providina for a Dermit fee for Solicitor's Permits:
Mr. Mahoney advised that the County Attorney's Office and
Commissioner of Revenue's Office had been working on this
ordinance for several years. A second reading and public hearing
will be held November 22nd. The Board requested that staff
attempt to notify specific categories of groups who would be
affected by this ordinance and the County Attorney's office sent
letters to approximately 15 groups.
Supervisor Nickens asked why the tax rates were not
consistent in some cases. Mr. Mahoney advised that the ordinance
is based on state law and has not been amended in ten years.
Their goal was to not raise existing rates but to keep them at
26 0
November 9, 1988
the same levels, but the Board could change the rates if they
desired.
Supervisor Nickens moved to to approve the first
reading with the ordinance amended to lower the commission
merchant tax from $.36/$100 of gross receipts to $.34 and asked
Marsha Compton from the Commissioner of Revenue's Office to bring
back to the second reading the financial implications of any
changes to the tax rate. The motion was seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
I
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amendina and reenactina ChaDter 5,
Animals and Fowls of the Roanoke County code bv the addition of
Section 5-71, Ouarantine in event of Animal Bites: Mr. Mahoney
reported this ordinance provides that an animal which has bitten
a person shall be confined on observation for ten days and
further provides that a seriously injured or sick animal may be
euthanized and its head evaluated by the proper agency.
Supervisor McGraw expressed concern that the ordinance
does not address whether vicious animals may be euthanized or
detained. Mr. Mahoney advised he would discuss this with the
I
I
I
1
November 9, 1988
261
Chief Animal Control Officer to see if an ordinance is needed to
address this problem.
Supervisor Nickens moved to to approve the ordinance.
The motion was seconded by Supervisor Robers and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
ORDINANCE 11988-7 AMENDING AND REENACTING
CHAPTER 5, ANIMALS AND FOWLS OF THE
ROANOKE COUNTY CODE BY THE ADDITION OF
SECTION 5-71, OUARANTINE IN EVENT OF
ANIMAL BITES
WHEREAS, by Chapter 488, 1987 Virginia Acts of the
Assembly, Section 3.1-796.98 of the 1950 Code of Virginia, was
amended to provide that at the discretion of the director of the
local health department any animal which has bitten a person
shall be confined under competent observation for ten (10) days,
unless the animal develops active symptoms of rabies or expires
before that time; and
WHEREAS, by the same chapter and section, a seriously
injured or sick animal may be humanely euthanized as provided in
Section 3.1-796.96 of the Code of Virginia and its head sent to
the Division of Consolidated Laboratory Services of the Depart-
ment of General Services, or the local health department, for
evaluation; and
26 2
November 9, 1988
WHEREAS, the first reading of this ordinance was held
on October 25, 1988; and the second reading of this ordinance was
held on November 9, 1988.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 5, Animals and Fowls, of the Roanoke
County Code be amended and reenacted by the addition of the fol-
lowing section:
Sec. 5-71. Ouarantine in event of animal bites.
At the discretion of the director of a local health
deDartment, any animal which has bitten a Derson shall be
confined under comDetent observation for ten (10) days, unless
the animal develoDs active svmDtoms of rabies or eXDires before
that time. A seriously inlured or sick animal mav be humanely
euthanized as Drovided in Section 3.1-796.96 of the Code of
Virainia and its head sent to the Division of Consolidated
Laboratorv Services of the DeDartment of General Services, or the
local health deDartment, for evaluation.
2. The sections, paragraphs, sentences, and clauses of
this chapter are severable, and if any phrase, clause, sentence,
paragraph, or section of this chapter shall be declared
unconstitutional or invalid by the valid judgment or decree of a
court of competent jurisdiction, the remaining phrases, clauses,
I
I
~
I
I
November 9, 1988
26 3
----.--'--- -
sentences, paragraphs, and sections of this chapter shall remain
valid.
3. This ordinance shall be in full force and effect
from and after December 1, 1988.
On motion of Supervisor Nickens, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
IN RE:
APPOINTMENTS
1, Buildina Code Board of Adlustments and ADDeals:
Supervisor Johnson nominated Robert Allen Williamson to a four
year term.
2. Grievance Panel: Supervisor Nickens nominated the
reappointment of Cecil Hill to another three-year term.
3. Library Board: Supervisor Nickens nominated the
reappointment of Carolyn Pence to another four-year term.
4. Mental Health Services of the Roanoke Valley Board
of Directors: Supervisor Garrett nominated the reappointment of
Dr. Joseph Duetsch to another three-year term.
5. Plannina Commission: Supervisor Garrett nominated
Michael Gordon to another four-year term.
--~
264
November 9, 1988
RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson requested that a resolution of
support for a regional work farm in cooperation with other
localities and the Fifth Planning District Commission be brought
to the November 22 meeting.
SUDervisor McGraw announced that the Grayson Commission
will meet on November 18 in Richmond and will receive the
VACO/VML proposal.
Supervisor Johnson moved to approve the Consent Agenda
I
IN RE:
CONSENT AGENDA
with Item 8 added. The motion was seconded by Supervisor Nickens
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION NO. 11988-8 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 that certain section of the agenda of the
Board of Supervisors for November 9, 1988, designated as Item K - II
.~
November 9, 1988
26 5
___." ._. . .._... ._*,._.,.~_,·_h_'_~' ..~
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
4.
I 5.
6.
7.
8.
1. Minutes of Meeting - June 28, 1988
2. Approval of a raffle Permit for the Bent Mountain
Woman's Club.
3.
Acknowledgment of the following roads into the
VDOT Secondary System.
a. 0.14 miles of Orchard Valley Circle
b. 0.09 miles of Meadow Valley Circle
c. 0.08 Miles of Woodmont Drive
d. 0.37 miles of Commonwealth Drive
Request for acceptance of Buckland Mill Road and
Copper Circle into the VDOT Secondary System.
Request for acceptance of Bear Ridge Circle into
the VDOT Secondary System.
Request for acceptance of 0.17 miles of Highfields
Farm Drive into the VDOT Secondary System.
Acceptance of sewer facilities serving Wright
Insurance Agency.
Approval of a Raffle Permit for Northside Junior
High 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 K-8 added,
seconded by Supervisor Nickens, and the following recorded vote:
I
AYES:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
~
26 6
November 9, 1988
NAYS:
None
RESOLUTION 11988-8.d REQUESTING ACCEPTANCE OF
BEAR RIDGE CIRCLE 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 carne this day to be heard upon the
proceedings herein, and upon the application of Bear Ridge Circle
from its intersection with Warwood Drive (Route 1336) to the
terminus at the cul-de-sac for a distance of 0.06 miles, to be
accepted and made a part of the Secondary System of State
I
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Meadow Creek,
Section 3 Subdivision which map was recorded in Plat Book 9, Page
320, of the records of the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, on May 2, 1985 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
right-of-way for drainage.
3. That said road known as Bear Ridge Circle and which is
shown on a certain sketch accompanying this Resolution, be, and II
I
I
~
November 9, 1988
26 7
the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS:
None
RESOLUTION 11988-8.e REQUESTING ACCEPTANCE OF
HIGHFIELDS FARM DRIVE, FROM ITS INTERSECTION WITH
HIGHFIELDS FARM CIRCLE TO THE CUL-DE-SAC, 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 carne this day to be heard upon the
proceedings herein, and upon the application of Highfields Farm
Drive, from its intersection with Highfields Farm Circle to the
cul-de-sac, 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 fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map/maps known as Highfields
Farm Estates, Section Three Subdivision which map was recorded in
~
26 8
November 9, 1988
Plat Book 10, Page 45, of the records of the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, on February 24,
1987 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 right-of-way for drainage.
3. That said road known as Highfields Farm Drive, from its
intersection with Highfields Farm Circle to the cul-de-sac and
which is shown on a certain sketch accompanying this Resolution,
be, and the same is hereby established as public road to become a
part of the State Secondary System of Highways in Roanoke County, II
only from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
following reports. The motion was seconded by Supervisor McGraw
and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
I
~
November 9, 1988
26 9
NAYS: None
1. Capital Fund Unappropriated Balance
2. General Fund Unappropriated Balance
3. Board Contingency Fund
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Charles Landis, 5268 Glenvar Heights Boulevard, spoke
in opposition to the consolidation of Roanoke City and Roanoke
County and requested that the area west of Salem be allowed to
II consolidate with the City of Salem if consolidation takes place.
IN RE:
WORK SESSION
1. Street Standards: Director of Development and
Inspections Arnold Covey outlined the changes made to the
proposed street standards. Standards have been strengthened in
urban areas, but left the standards in the rural areas the same.
A section was added for areas outside the urban area which would
I
require curb and gutters when minimuim lot frontage is less than
100 feet. Members of the Homebuilders Association were present
to express their concerns and Fred Altizer, Virginia Department
of Transportation was present to answer questions.
270
November 9, 1988
Mr. Hodge explained that residents have complained
about the difference in streets between Roanoke County and the
cities based on the standards. The Homebuilders Association felt
that curb and gutter was not always necessary on every road
within a subdivision. The staff felt that all roads in a
subdivision should be consistent. The Homebuilders Association
also were concerned that the price of houses would escalate
because of the stricter standards.
Mr. Hodge advised that the staff would continue to work
. t.... ~... ..
with the Homebuilders Association to addrèss their concerns and
would go forward with the necessary public hearing.
IN RE:
EXECUTIVE SESSION
At 5:50 p.m., Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 (a) (2) to discuss a real estate matter (Cave Spring Rescue
Squad). The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
OPEN SESSION
I
I
I
I
November 9, 1988
27 1
_. .. ..----,.,- -~-- _. -.-
At 6:22 p.m., Supervisor Robers moved to return to Open
Session. The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
ADJOURNMENT
Chairman Garrett adjourned the meeting at 6:23 p.m.
.. ..--.~~
. . --::;.
. .
V!f~4"~ ..
,* ~-
(J ..., /
L~ Garrett, Chairman
-""
,/
~