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HomeMy WebLinkAbout7/14/1998 - Regular July 14, 1998 475 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 14, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of July, 1998. N RE: CALL TO ORDER At 3:05 p.m., Chairman Johnson reconvened the Board from the joint meeting with Roanoke City Council held earlier in the day. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Deputy Assistant for Citizens Services. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF / 476 July 14, 1998 = AGEI<IDA ITEMS Chairman Johnson added Item 4 to New Business: Request to join the Virginia Headwaters Regional Industrial Facility Authority and appropriate $5,000. (2) Supervisor Nickens moved Item 3 of New Business to Executive Session pursuant to Code of Virginia Section 2.1-344 A (7) Probable litigation concerning fire truck bid protest. (3) Chairman Johnson announced that the Board intended to go into Executive Session at 3:30 p.m. (4) Mr. Hodge asked to defer the recognition of the CIRCLE winners to the July 28, 1998 meeting so that all winners could attend. IN RE: IN RE: R-071498-1 PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Resolution of Congratulations and recognition of the Top CIRCLE Sugaestion Proaram winners from Mav 1997 to May 1998. This item was deferred to the July 28, 1998 meeting. NEW BUSINESS 1.. Resolution of SUDDort and request for County participation in the Interstate 81 Improvement Proiect. (Gardner Smith. Deputy Assistant for Citizen Services) Mr. Smith reported that traffic on Interstate 81 has nearly tripled in 25 years July 14, 1998 477 from 2.7 million vehicles in 1970 to more than 8 million in 1995. In 1996, the Virginia Department of Transportation began to plan and design road improvements to the interstate. Roanoke County should support these improvements because of the need to improve safety on the interstate and the increased economic development opportunities the improvements might bring to the Valley. Mr. Smith advised that the County has established an 1-81 Widening Committee to study the impacts of the road widening project and to encourage input on such issues as road access, communication, noise control, zoning and land use and possible joint stormwater management facilities. Mr. Smith requested that the Board adopt the resolution supporting the improvements to Interstate 81, and requesting participation in the design and planning of the improvements. Supervisor Harrison emphasized that the resolution should include participation in the process. Supervisor Johnson noted that the Catawba District would be most impacted by the improvements. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 071498-1 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION EXPRESSING THE SUPPORT OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR PROPOSED ROAD IMPROVEMENTS TO INTERSTATE 81 AND REQUESTING ROANOKE COUNTY PARTICIPATION IN THE PLANNING AND DESIGN STAGES OF THE PROJECT WH EREAS, in 1996 the Virginia Department of Transportation (VDOT) began to plan and design improvements to Interstate 81 (1-81), as a result of an increase ~ 478 July 14, 1998 In traffic VUIUIII~ r~:sulliflY in :Söfely JJlulJlt::lIl~ dllJ b Glrri", I,.,UII~estion allel, WHEREAS, the proposed improvements will improve safety, enhance travel opportunities and provide the potential for economic growth around the Roanoke Valley; and WHEREAS, the proposed improvements to 1-81 will result in impacts upon the citizens of Roanoke County, and upon the provision of public services by County government; and, WHEREAS, the construction of proposed improvements to 1-81 will affect the County's future budgets and fiscal resources. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board supports the project to improve traffic flow, increase capacity, and interstate access via Interstate 81 within Roanoke County. 2. That VDOT assure County staff and citizens will participate in the early stages of the design and planning of the proposed improvements to 1-81 in order to keep affected citizens and property owners informed of the status of this project, to minimize impacts, and to permit planning and budgeting for these impacts on the County. 3. That VDOT and the County Staff work together to address the fiscal impacts on the County tax base, budget and financial resources, especially with respect to utility crossings and storm water management facilities, frontage and access roads (and in particular access to the Roanoke County Center for Research and Technology), emergency services response during construction, and the location and costs for noise control/sound barrier measures. 4. That County staff and citizens be allowed to participate in the early planning and design stages of this project to address the following issues: the basic widening approach to be utilized (inside vs. outside), development and growth, frontage roads, utility crossings, interchanges, public safety during construction, tourist re-routing, storm water management facilities, sound barriers, zoning and local land use. 5. That the Clerk to the Board of Supervisors is directed to mail a certified copy of this Resolution to VDOT Salem District Administrator, Commonwealth Transportation Board members, Roanoke City, Salem, Botetourt, Montgomery, Governor, and local legislators. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request to aDDroDriate sumlus state revenues to cover Jail operations due to inmate population. (Brent Robertson. Budget Manager) July 14, 1998 479 - A-071498-2 Mr. Robertson advised that during 1997-98, the inmate population remained above capacity and as a result, operational costs continue to consume a substantial portion of the Jail's budget. In addition, the Compensation Board has reduced funding for two positions. A year end deficit of $65,000 is projected for the Sheriff's budget. Mr. Robertson explained that the County is reimbursed by the state for salaries, mileage, office expenses and housing state prisoners. Revenues for these items are estimated conservatively with the intention of seeking additional appropriations from the Board if the inmate population increases expenses and reimbursements. Revenues in excess of the budget for these categories should total approximately $170,000. Mr. Robertson recommended an appropriation adjustment to recognize the additional $65,000 of revenue for the state prisoners and increasing the Sheriff's Care and Confinement budget by $65,000 to cover the increased operational expenses. Supervisor Nickens asked if the actual cost is $65,000, and if there is a surplus in the Sheriff's Account after the appropriation, what would happen to the surplus. Mr. Robertson advised that the funds would be subject to the 60%-40% rollover policy. Supervisor Johnson pointed out that there was a surplus of beds in the state prisons and asked if the positions approved at the previous meeting were temporary only. Mr. Hodge responded affirmatively. Mr. Hodge also advised that there will be enough funds in the Sheriff's budget to cover the local share of funding for the emergency positions so it will not be necessary to use the Board Contingency Fund. Supervisor Nickens moved to approve the appropriation with any remaining / 480 July 14, 1998 fl.&! IJ.:t Cll yêctl t;;IIJ u~cJ Lu fUlld t lé four ~n lðF§eF1CY ~ð3ltíefl3 appro'/ea en dLlno Lô, I Q9~. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: EXECUTIVE SESSION At 3:30 p.m.,Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(7) discussion concerning a prospective business or industry where there has been no previous announcement; 2.1-344 A (3) acquisition of real property for public purposes - road improvements The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-071498-3 At 4:40 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson announced that Item 5 and Item 6 were being added to the New Business. July 14, 1998 481 - RESOLUTION 071498-3 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Bid Protest: Fire Enaine. M&W Fire Apparatus. Inc. (Elmer Hodae. County Administrator) A-071498-4 Mr. Hodge advised that during the past year, the Fire and Rescue Department has been researching new fire apparatus to be stationed at the Hollins Fire and Rescue Station. When the new vehicle is purchased, the existing ladder truck will be rotated to Fort Lewis. The Fire and Rescue Department uses an Apparatus Specification Team to work through these purchases and make a recommendations to the Chief. The Committee was composed of two volunteer firefighters, two career firefighters, a battalion chief, and two members of the company which will be using the new vehicle. A 482 July 14, 1998 representative from I-'rocurement IS also present. The bauallon chief vutt;:> ullly ill <';è:I:>t; of a tie and Procurement has no vote. The specifications were written based on information received from a variety of localities, and reviewed to meet Roanoke County requirements. On April 14, 1998, Procurement issued a Request for Proposals (RFP) for a Quint fire engine. On June 10, the Committee recommended the Quint manufactured by Pierce over the bid made by M&W , noting that it met the specification for the basic vehicle best, its cost was lower, and its proposal for the all wheel steer met the requirements better. Mr. Hodge explained that it came down to three factors: (1) how quickly it could be delivered and there was 100 days difference in delivery between Pierce and M&W; (1) maneuverability; and (3) how many Quints have been made, with M&W only having made 1 or 2 while Pierce has made 300. On June 30, M&W filed a bid protest. Doug Widener and Don Mays were present to speak on behalf of M&W. Mr. Widener responded to Mr. Hodge's three points: (1) he said there was never a discussion on delivery until the last meeting; (2) the maneuverability of the Quint all-wheel is proprietary; and (3) while M&W doesn't build Quints, they buy them from a company that has been in business for 30 years. Chief Rick Burch advised that this process started in June of 1997 when the team was first appointed and they moved forward with a Quint concept in July of 1997 after researching Quints locally and nationally. From November to April they developed the specifications and finalized the RFP's. Chief Burch advised that he supported the team's decision to award the contract to Pierce. ; - July 14, 1998 483 = In response to questions from Supervisor Nickens, Chief Burch advised that there was no penalty if Pierce does not meet the delivery date because a penalty clause could have affect the end price of the equipment. Steve Poff, Fire and Rescue Department, described the significant specification difference between Pierce and M&W which made the Pierce equipment the appropriate choice. Supervisor Johnson asked County Attorney Paul Mahoney how to proceed with the bid protest. Mr. Mahoney responded that the Board must make a formal decision and staff will communicate the decision to M&W. Supervisor Johnson moved to deny the bid protest. The motion carried by the following recorded vote: AYES: NAYS: PRESENT: Supervisors McNamara, Minnix, Harrison, Johnson None Supervisor Nickens 4. Request for Intent to ioin the Virginia Headwaters Regional Industrial Facility Authority and appropriate $S.OOO for initial expenses. (Elmer C. Hodge. County Administrator) A-71498-S Mr. Hodge explained that he was adding this item because of the urgency for the local governments to indicate their intention to participate in forming a regional industrial authority to purchase land located in the Pulaski area. Senator Bo Trumbo introduced the proposed legislation. If the County of Roanoke is willing to participate, a 484 July 14, 1998 dréll' Uldll1ance will be bruughllu the l3uèud rUI èlJu Jliul1 dllJ ~5,OOO ¡II ¡"ilial fee! ffiU!t tJe appropriated. The Supervisors expressed support but advised they had some concerns and questions about the Authority. Chairman Johnson advised that at the joint meeting with Roanoke City Council, he suggested looking at the possibility of a joint economic development department and appointed Mr. Hodge, Mr. Mahoney, Mr. Gubala and himself to a study task force that would also include representatives from the City of Roanoke. Supervisor Nickens moved to indicate our intent to participate with $5,000 funding appropriated from the economic development budget. The motion carried by the following recorded vote: = AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 5. Request for resolution to rezone aDDroximately 20 acres in Southwest County for economic development purposes. (Paul Mahoney. County Attorney) R-071498-6 Mr. Mahoney advised that staff has been negotiating with economic development prospects to locate a commercial development project on approximately 20 acres in the vicinity of Brambleton Avenue and Electric Road. The current zoning designations are R-2, R-1 and C-2 with conditions and the staff will request rezoning to C- 2. Mr. Mahoney explained that first reading of the rezoning ordinance will be July 28, 1998 July 14, 1998 485 , and second reading will be August 18, 1998. Supervisor Johnson advised that he may have a potential conflict of interest and would abstain from the vote. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson RESOLUTION 071498-6 AUTHORIZING A COMPREHENSIVE REZONING OF VARIOUS PARCELS LOCATED IN THE SOUTHWESTERN PORTION OF ROANOKE COUNTY FOR COMMERCIAL USE TO ENCOURAGE ECONOMIC DEVELOPMENT WHEREAS, §15.2-2283 (vii), of the Code of Virginia, 1950, as amended, identifies that one of the purposes of a zoning ordinance is to encourage economic development activities that provide desirable employment and enlarge the tax base; and, WHEREAS, the Roanoke County Land Use Plan has designated certain centralized locations of the County as "Core," which are best suited for high intensity urban uses; and, WHEREAS, public necessity, convenience, general welfare and good zoning practice require an amendment to the zoning ordinance and district maps to accomplish these goals, and more particularly the change in zoning classification of certain real estate to the zoning classification of C-2 General Commercial District; and, WHEREAS, §15.2-2286.A.7 of the Code of Virginia, 1950, as amended, provides that an amendment to the zoning regulations or zoning district maps may be initiated by resolution of the governing body; and, WHEREAS, the Board of Supervisors of Roanoke County desires to assist in the assemblage of real estate located in the southwestern portion of the County to encourage economic development by initiating the change in zoning classification of certain real estate to the zoning classification of C-2 General Commercial District. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County. Virginia, as follows: 1. That the Board of Supervisors hereby initiates the amendment of the zoning classification and zoning maps for certain real estate located in the Cave Spring ~ 486 July 14, 1998 Mðg;!tê¡ idl D¡~ll ¡G.ll"lJll~iò)lill~ ur ð oJ J1 vX1I1 u2têly 20 ðGI ð!, to thê zonlllg Cl8331tlcatlðl'1 Of (,; ¿ General Commercial District. 2. That this real estate consists of the following property identified by County tax map parcel numbers, as follows: Tax Map Nos. 77.13-5-30; 31; 35; part of 37; part of 38; 39; part of 40; 43.1; 43.2; 47; 48; 49; 50; 51; 52; 53; 54; 55; 56; 57; 58; 58.1; 59; 60; 61; 62; part of 12. 3. That the Roanoke County Planning Commission is hereby requested to review this request and to make its recommendations on said amendment, as required by Title 15.2 and the Roanoke County Code. 4. That the County Administrator or his designee is hereby directed to take such actions as may be necessary to accomplish the purposes of this Resolution. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson I 6. Resolution ratifving an oDtion to Durchase agreement with Kenneth A. Keeney and Catherine L. Keeney to Durchase aDDroximately 0.254 acres on Westmoreland Avenue. (Paul Mahoney. County Attornev) R-071498-7 Mr. Mahoney advised that an option to purchase agreement had been executed on July 10 and the County has six months to exercise the option. During the six months, the County will conduct tests on the site. If the County decides to acquire the land, staff will come back with a first and second reading. The option fee is $2,000 and the purchase price for the Kenney property is $125,000 and $5,400 in closing costs and moving expenses. The option must be exercised on or before January 10, 1999. July 14, 1998 487 -, Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson RESOLUTION 071498-7 APPROVING AN OPTION TO PURCHASE AGREEMENT WITH KENNETH A. KEENEY AND CATHERINE L. KEENEY FOR CERTAIN PROPERTY, (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 77.13-5-31) AS PART OF A PROPOSED ECONOMIC DEVELOPMENT PROJECT WHEREAS, by Option to Purchase Agreement dated July 9, 1998, Kenneth A. Keeney and Catherine L. Keeney granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase 0.254 acre, more or less, being further shown on the Roanoke County land records as Tax Map Number 77.13-5-31, ("the Keeney Property"); and, WHEREAS, under the terms of said agreement, the option fee is $2,000.00, the purchase price for the "Keeney Property" is to be $125.000 and $5 400 in closing costs and moving expenses, and the option must be exercised on or before Januarv 10 1999: and, WHEREAS, at such time as said option is to be exercised, this matter will be brought back to the Board of Supervisors of Roanoke County, Virginia, for adoption of an ordinance to authorize exercise of the option and acquisition of the real estate. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: (1) That the Option to Purchase Agreement dated July 9, 1998, between Kenneth A. Keeney and Catherine L. Keeney, Grantor, and the Board of Supervisors of Roanoke County, Virginia, Grantee, and the terms and conditions provided for in said agreement, is hereby approved and the execution of said agreement by the County Administrator is hereby authorized and ratified. (2) That the County Administrator or assistant county administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be required to determine the feasibility and necessity of exercising the option and acquiring said Property, all of which shall be approved as to form by the County Attorney. (3) That this resolution shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the 488 July 14, 1998 fUllowlng recorded vote. AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson IN RE: FIRST READING OF ORDINANCES 1.. Ordinance vacatina a 20-foot drainage easement recorded on plat for Botetourt South. Section 5. and located on Lot 1. Block 2. Section 1. Orchard Park in the Hollins Magisterial District. (Arnold Covev. Director of Community Development.) Mr. Covey advised that the petitioners, Fralin and Waldron Community Development Corporation, no longer need the 20 foot drainage easement because the subdivision has been altered from its original design and drainage facilities are no longer required. The vacation also allows the owners flexibility in the location of their new residence. Supervisor Johnson moved to approve the first reading and set the second reading for July 28, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. First reading of an ordinance authorizina the creation of and financing for a local public works imcrovement croiect - Orander Drive and Gieser Road Sewer Proiect. (Gary Robertson. Utility July 14, 1998 489 =, Director) Mr. Robertson reported that in November 1997, staff received a "Petition for Public Works" signed by 16 Orander Park Subdivision property owners. Because of failing or malfunctioning septic systems, several property owners along Grander Drive and Gieser Road expressed an interest in having public sewer extended to their properties. The staff evaluated two options for extending public sewer service: (1) construction of gravity sewer lines along Gieser Road and Orander Drive and installation of a sewage pumping station, with a connection fee estimated to be $10,300 per connection; (2) Installation of a sewer force main or pressure pipe along Geiser Road and Orander Drive. This would require a residential type sewage grinder pump station for each property with a total connection fee estimated to be $3,321 per connection. The consensus of those property owners attending a community meeting on April 20, 1998, was to proceed with option (2). Mr. Robertson explained that the connection fee would not include costs associated with installation of the sewage grinder pump station. The fee would also only be applicable if the property owner committed to participate in the project prior to or during construction of the sewer system expansion. Mr. Robertson recommended that the Board establish a special sewer service area which could serve 20 properties, and approve construction of a sewer force main along Orander Drive and Gieser Road at an estimated cost of $50,000. The eight interested property owners would contribute $26,568 and the remaining $23,432 would be funded from the Public Works Participation Fund. Supervisor McNamara moved to approve the first reading and set the second reading for July 28, 1998. The motion carried by the following recorded vote: 490 July 14, 1998 N([3. 3UtJ~,V¡;:!V'~ MGf4c.IIIU:a,Ga MinniX, Ilarrl30n, NIGKeFi3, d6f1R36A - NAYS: None 3. First reading of an ordinance authorizing creation of and financing for a local public works improvement croiect - Setter Road Sewer Proiect. (Gary Robertson. Utility Director) Mr. Robertson advised that in June 1997, staff received a "Petition for Public Works" involving properties on Setter Road in the Huntridge subdivision. Staff determined that the cost would be $4,750 per property owner to extend public sewer along Setter Road. Although eleven of the sixteen properties expressed interest, only two were willing to pay $4,750. Because of the low participation rate, the property owners were notified that the project was not feasible. In June of this year, staff was contacted by one of the interested property owners who was experiencing severe septic system failure. Providing sewer to the two interested properties would require a 900 foot extension at an estimated cost of $35,000, and laterals to sewer properties across the street would cost an additional $30,000. Mr. Robertson explained that the proposed ordinance establishes a special service area for the project with each participating property owner paying $4,750. The ordinance also establishes a financing method up to $3,250 for the initial participation property owners. If connection is desired at a later date, the 50% credit for the off site facility fee would be forfeited. Even thought the project does not presently have 50% participation, staff recommended the establishing of a special service area which could July 14, 1998 491 potentially serve 16 properties, and approval of the construction of a gravity sewer line along Setter Road. The total cost would be $35,000 with the interested property owners contributing $9,500 and the remaining funds from the Public Work Participation Fund and the Utility Department Unappropriated Sewer Fund. In response to questions, Mr. Robertson advised he would contact the other property owners and let them know that if they connect later, they will forfeit the $750 credit. Supervisors Johnson and McNamara suggested consideration of higher penalties for those who do not connect when the sewer is installed. Supervisor Johnson moved to approve the first reading and set the second reading for July 28, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: SECOND READING OF ORDINANCES 1.. Second Readin9 of ordinance authorizino the acquisition of a permanent sewer and water line easement from Atwell and Lucille Freese. 4626 West Main Street. Salem. Virginia. Catawba Magisterial District. (Timothv Gubala. Director of Economic Develocment) 0-071498-8 There was no discussion and no citizens to speak on this ordinance. / 492 July 14, 1998 5upf: 1 vi::iul Hal ¡¡::iun rnuvf: d tu adopt thf: UI dillé:llll:f: . Thf: lIIotiulI l:é:l1I if: d by - the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 071498-8 FOR AUTHORIZATION TO ACQUIRE A SANITARY SEWER AND WATER LINE EASEMENT FROM ATWELL H. FREESE AND LUCILLE H. FREESE WHEREAS, a permanent sanitary sewer and water line easement across a tract of land owned by Atwell H. Freese and Lucille H. Freese, husband and wife, is required in connection with the Valley TechPark Project; and, WHEREAS, staff has negotiated with the property owner for the acquisition of said easement and the owner has agreed to accept the sum of $300.00; 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 June 23, 1998, and the second reading was held on July 14, 1998. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent sanitary sewer and water line easement, varying from fifteen to twenty feet (15' - 20') in width, and shown and designated as "NEW SANITARY SEWER AND WATER LINE EASEMENT" upon a plat entitled "Survey for County of Roanoke, Virginia, showing a New Sanitary Sewer and Water Line Easement through the property of Atwell H. Freese, et ux," dated January 19, 1994, made by T. P. Parker & Son, said plat being attached hereto and by reference incorporated herein, from Atwell H. Freese and Lucille H. Freese for the sum of $300.00 is hereby authorized and approved; and 2. That the consideration of $300.00 shall be paid from the Valley TechPark bond project Fund; and, 3. That the County Administrator or an Assistant 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. 4. That this ordinance is effective upon the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None - July 14, 1998 493 - 2. Second reading of ordinance authorizino donation of a temporarv construction easement for Verndale Bridge Replacement. Priority #4. Roanoke County Secondary System Six-Year Plan. {Arnold Covey. Director of Community Develocment\ 0-071498-9 There was no discussion and no citizens to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 071498-9 AUTHORIZING CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO THE COMMONWEALTH OF VIRGINIA DURING REPLACEMENT OF VERNDALE BRIDGE FOR A TEMPORARY BRIDGE ON THE BROOKSIDE PARK PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, replacement of the Verndale Bridge (VDOT Project #1867 -080- 295, M501) has been included in the Roanoke County Secondary System Six-Year Plan for several years; and, WHEREAS, the project is now being planned and scheduled for construction, to be completed in September 1999; and, WHEREAS, for the safety and convenience of the citizens residing in the area, the Board of Supervisors has previously requested that the Virginia Department of Transportation (VDOT) provide a temporary bridge for access during construction on the new bridge; and, WHEREAS, VDOT has complied with the request and has consequently requested a temporary construction easement for the temporary by-pass upon and over / 494 July 14, 1998 LI,c aJjcn",clll 81 uul\;::tiJc Pdl k. pi upt::::lly UYVIICJ I.;y lIlC DUGII J Ur 3upcI vibOI ~I ClIIJ WHEREAS, County staff has reviewed the temporary construction easement and the location, and subject to certain conditions, recommends that the temporary construction be granted. 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 June 23, 1998, and a second reading was held on July 14, 1998. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for purposes of traffic management during bridge construction. 3. That donation of a temporary construction easement, consisting of .23 acre, more or less, to provide a temporary detour for access during construction of the new Verndale Bridge over Carvin Creek on the Brookside Park property in the Hollins Magisterial District to the Commonwealth of Virginia is hereby authorized, subject to the following conditions: a. That the temporary easement will terminate automatically upon completion of the project. That VDOT will compensate the County for the two evergreen trees to be removed and move the sign located at the entrance to Brookside Park. That the entrance and access to Brookside Park shall remain open at all times. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. b. c. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second readino of ordinance amendino and reenacting Section 21-79 "Nullification or croration upon change in status" in Article III. Real Estate Taxes. Division 3. Exemption for elderlv and July 14, 1998 495 - disabled' of Chacter 21. Taxation. of the Roanoke County Code. to provide for a prorated exemption for the portion of the taxable year during which the taxpaver qualified for such exemption. in the event of disqualification due to chanoe in circumstances. (Paul Mahoney. County Attorney) 0-071498-10 Assistant County Attorney Vickie Huffman presented the staff report. There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 071498-10 AMENDING AND REENACTING SECTION 21-79, "NULLIFICATION OR PRORATION UPON CHANGE IN STATUS." IN 'ARTICLE III. REAL ESTATE TAXES', 'DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED' OF CHAPTER 21. TAXATION OF THE ROANOKE COUNTY CODE, TO PROVIDE FOR A PRORATED EXEMPTION FOR THE PORTION OF THE TAXABLE YEAR DURING WHICH THE TAXPAYER QUALIFIED FOR SUCH EXEMPTION, IN THE EVENT OF DISQUALIFICATION DUE TO A CHANGE IN CIRCUMSTANCES WHEREAS, pursuant to the authority of Chapter 32, Article 2 (Section 58.1- 3210, et seq.) of the Code of Virginia, 1950, as amended, the governing body of any county, city or town may, by ordinance, provide for the exemption or deferral of taxes on property for elderly and handicapped persons; and, WHEREAS, in 'Article III. Real Estate Taxes', 'Division 3. Exemption For Elderly and Disabled' of CHAPTER 21. TAXATION of the Roanoke County Code, the County of Roanoke provides for an exemption of the tax on real property for qualifying elderly or disabled individuals; and, 496 July 14, 1998 WHEREAS, §58.1-3215 ur lilt:: CuJc ur\iil~i"¡Q ðb vvell C1~ tile COUll!) Code, provides that a change in circumstances occurring during the taxable year which results in disqualification for the exemption shall nullify the exemption for the then current taxable year and the taxable year immediately following; and, WHEREAS, the state enabling legislation also authorizes any locality to elect to provide by ordinance for a prorated exemption for the portion of the taxable year during which the taxpayer did qualify for the exemption; and, WHEREAS, pursuant to §58.1-3215.B. of the Code of Virginia, §21-79 of the Roanoke County Code currently allows for a prorated exemption for the then current taxable year where there is a change in ownership to a non-qualifying spouse resulting solely from the death of his or her qualifying spouse, but does not provide for the proration in other circumstances; and, WHEREAS, in order to provide more uniformity and to improve administration of the real estate tax exemption for the elderly and disabled, the Board of Supervisors of the County of Roanoke, Virginia, has determined that it will serve the public interest and will benefit the citizens and taxpayers of Roanoke County to provide for proration of the exemption for the portion of the year during which the taxpayer qualifies; and, WHEREAS, legal notice of this amendment has been published in a newspaper of general circulation within Roanoke County on June 9,1998, and June 16, 1998; and, WHEREAS, the public hearing and first reading of this ordinance was held on June 23, 1998, and the second reading on this ordinance was held on July 14, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21, TAXATION of the Roanoke County Code be amended and reenacted as follows: Chapter 21. TAXATION* **** ARTICLE III. REAL ESTATE TAXES **** DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS **** 21-79. Nullification or proration upon change in status. Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which an affidavit or certification is filed July 14, 1998 497 pursuant to section 21-74, and having the effect of exceeding or violating the limitations ii(i~lïi'i¡ijn~¡~~~:~!:~~;¡!~f~!~!'!~!~!!I~!!f~ ~i! taxable year immediately following; provided, however, that a change in ownership to a spouse who is less than sixty-five (65) years of age or who is not permanently and totally disabled, which results solely from the death of his or her qualified spouse, shall result in a prorated exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number twelve (12) is the denominator. 2. That the amendments to Chapter 21 Taxation, contained in this ordinance, shall be effective on and from January 1, 1999. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CONSENT AGENDA R-071498-11.R-071498- 11.a. R-071498-11.e. R-071498-11.f. R-071498- 11.0 Supervisor Nickens moved to adopt the Consent Resolution after discussion of Item 8, 11 through 15. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson asked Clerk Mary Allen to send a letter of appreciation to the Vinton Moose Lodge. RESOLUTION 071498-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I CONSENT AGENDA 498 July 14, 1998 BE IT REgal VED uy lilt:: BUdl J uf 3u Jcl vi¡:,ul ¡:, uf Rue.. loke COullly I 'y" ¡ gUllð, - as follows: 1. that the certain section of the agenda of the Board of Supervisors for July 14, 1998 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 15, inclusive, as follows: 1. Approval of Minutes for May 26, 1998, June 9, 1998, June 18, 1998 (Joint Meeting with School Board) 2. Acceptance of Valley Gateway Boulevard and a portion of Woods Farm Road into the Virginia Department of Transportation Secondary System. 3. Donation of 20 foot waterline easement to the Board of Supervisors in connection with development of Whitney Estates across property owned by the Roanoke County School Board. 4. Request for an appropriation to accept Comprehensive Services Act monies for fiscal year 1997-98. 5. Request for authorization to execute the street light contract with American Electric Power. 6. Resolution of Appreciation upon the retirement of Homer H Bryant, General Services. 7. Resolution of Appreciation upon the retirement of Marlyn C. Campbell, Sheriff's Office. 8. Resolution of Appreciation upon the retirement of Katina M. Keith, Libraries. 9. Acceptance of $23,101 grant from the Department of Criminal Justice for Cops for Coaches program. 10. Acceptance of $83,968 grant from the Department of Criminal Justice Services for School Resource Officers. 11. Acceptance of $23,931 grant from the Department of Criminal Justice Services for Community Crime Prevention Services. 12. Acceptance of a $4,500 donation to the Police Department K-9 program from the Vinton Moose Lodge. July 14, 1998 499 13. Acceptance of a $4,000 donation to the Police Department DARE Program from the Vinton Moose Lodge. 14. Acceptance of a $3,000 donation to the Police Department Bicycle Program from the Vinton Moose Lodge. 15. Acceptance of a $3,000 donation to the Police Department Violence Against Women Program from the Vinton Moose Lodge. 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 071498-11.a REQUESTING ACCEPTANCE OF VALLEY GATEWAY BOULEVARD AND A PORTION OF WOODS FARM ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Supervisor Nickens None Required SUDervisors McNamara. Minnix. Harrison. Nickens. Johnson None 500 July 14, 1998 RESOLUTION 0'11498-11.d APPROVING AND AUTIIORILING IIIL EXECUTION OF A CONTRACT FOR THE INSTALLATION AND OPERATION OF STREET LIGHTS FROM AMERICAN ELECTRIC POWER WHEREAS, Roanoke County and American Electric Power desire to enter into a ten year contract commencing July 1, 1998 for the installation and operation of streets lights in Roanoke county; and WHEREAS, Roanoke County has benefitted from the professional assistance and expertise of the Virginia Municipal League and Virginia Association of Counties Steering Committee in negotiating a contract for electricity including the street light program with American Electric Power for political subdivisions and public authorities in this service area; and WHEREAS, the VMLNAC Steering Committee strongly recommends the contract negotiated, since the rates negotiated by it result in significant savings for all participating localities; and, WHEREAS, this contract establishes the rate for the street light program and supersedes the dates for the street light program included in the March 11, 1997 resolution adopted by the County of Roanoke. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the ten year contract commencing July 1, 1998 for the street light program with American Electric Power is hereby approved and accepted. 2) That the County Administrator is hereby authorized to execute this contract on behalf of the Board of Supervisors and Roanoke County, upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 071498-11.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS UPON THE RETIREMENT OF HOMER H. BRYANT, GENERAL SERVICES WHEREAS, Homer H. Bryant was first employed on September 1, 1960, and retired on June 1, 1998, as a Solid Waste Equipment Operator, after thirty-seven years and nine months of services to Roanoke County; and WHEREAS, during his years of service, Mr. Bryant has been held in the highest esteem by County citizens and fellow employees, and many citizens have complimented him on his pleasant personality and prompt service; and WHEREAS, Mr. Bryant has been an excellent role model for new employees, providing encouragement, while maintaining a high standard of work ethics, as reflected July 14, 1998 501 - by his excellent attendance record, and he will be truly missed by his fellow employees; and WHEREAS, Mr. Bryant, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to HOMER H. BRYANT for over thirty-seven years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 071498-11.f EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARL YN C. CAMPBELL, SHERIFF'S OFFICE WHEREAS, Marlyn C. Campbell was first employed by the Sheriff's Office as a Deputy Sheriff on July 1, 1980; and WHEREAS, Mr. Campbell retired on July 1, 1998, after eighteen years of service to Roanoke County; and WHEREAS, Mr. Campbell, in addition to serving the County as a dedicated and capable employee, has benefited the community by volunteering to sing for the senior citizens at a local retirement center on Saturdays; and WHEREAS, Mr. Campbell, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MARL YN C. CAMPBELL for eighteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 071498-11.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF KATINA M. KEITH, LIBRARY ~ 502 July 14, 1998 vvHEREAS, Kàtlna M. K\:¡ith Wé:I::; fir::;[ t::lllfJluyt::J uy II,,::: ROålloke COUllty Library on November 2, 1964, and retired on July 1, 1998 as a senior library assistant after thirty-two years and ten months of service to Roanoke County; and WHEREAS, Ms. Keith has also served as Clerk Typist II, Page, Library Assistant I and Library Assistant II; and WHEREAS, Ms. Keith has performed her duties in a consistently positive and knowledgeable manner and has been commended by citizens for her exemplary work; and WHEREAS, Ms. Keith, on her own initiative, has maintained a unique history of the Roanoke County Public Library system which has proven to be an invaluable resource; and WHEREAS, Ms. Keith, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to KATINA M. KEITH for over thirty-two years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None - IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara (1) He advised that he attended the Volunteer Firefighters Graduation ceremony and the Employee Service Awards luncheon and he expressed appreciation to those in the community willing to volunteer their time, and to the employees for doing such an excellent job. (2) He has received telephone calls regarding the South County High School from those interested in one large school and those interested in two small schools. He explained that the School Board will make that decision and he hopes that the Board of Supervisors will support their decision. (3) He noted that the Merriman Road property is owned by the County and that there is a good plan for a park and fields at the property. ~ July 14, 1998 503 Supervisor Harrison: He asked Parks and Recreation Director Pete Haislip to keep a record of how much time is spent by his department on the Commonwealth Games. (2) He thanked John Chambliss for the report on the activities of the Task Force for Senior and Physically Challenged Citizens but asked where the information came from on special education. Mr. Chambliss responded that information came from the school system in response to questions from one of the Task Force subcommittees. Supervisor Nickens: He advised that he received a copy of a letter from the Virginia Department of Transportation on park access funds for the South County Park and asked for the status on the park access funds for Vinyard Park. Mr. Haislip advised that they were doing one at a time and Vinyard will be the next request, and that the City had to withdraw their request for park access funds before the County could apply. Sucervisor Johnson: He advised that he is still receiving many questions about the school administration from the media and advised again that any decisions are the School Board's responsibility except for zoning and funding. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports after discussion of Items 3, 6 and 7. The motion carried by a unanimous voice vote. 1.. General Fund Unapcropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund ,.,--------.--- 504 July 14, 1998 Supervisor Nickens noted that the Sheriff s emergency pu:siliums will nul bt:! = funded by the Board Contingency Fund so that the amount is back up to $102,500. 4. Future School Capital Reserve 5. Status Report on the Task Force for Senior and Physically Challenged Citizens 6. Recort on the 1998 Personal Procerty Tax Relief Act Treasurer Alfred Anderson presented the report and described how the personal property tax reimbursement will be handled by the State. 7. Status report on total number of County emcloyees for Fiscal Year 1998/99 INRE: WORK SESSIONS 1.. Discussion of Goals and Obiectives for 1998/99 Fiscal Year. The work session as held from 6:10 p.m. to 7:55 p.m. The Board presented proposed goals and objectives for the upcoming fiscal year. The following goals and objectives were suggested by the Board members: a. REVENUES: Prepare frequent year-to-date reports for the Board on actual revenues versus projected revenues. Keep the Board informed of any changes to revenue. b. ECONOMIC DEVELOPMENT: Move forward on the West County Business Park and begin a public relations campaign on the park. Continue economic development efforts with Bedford County, Botetourt County and the Town of Vinton. ~ July 14, 1998 505 c. SCHOOL BOARD: The County Attorney should begin transitioning out of School Board issues with deadline scheduled for August 31, 1998. Consider reassignment of duties when no longer representing the School Board. d. 2ND FLOOR REDESIGN: Complete 2nd and 3rd floor redesign and reorganization plans and present to Board in October or November 1998. e. FIRE AND RESCUE: Increase fire and rescue volunteer efforts and set measurable objectives; assure that Volunteer Coordinator devotes 100% to increasing volunteerism. Complete plan for allocation of fire and rescue equipment. f. EMPLOYEE ISSUES: Develop meaningful recognition of employees and free incentives such as Employee of the Month and other individual recognition. Communicate more information about benefits, VRS, etc. Consider implementation of Paid Time Off Policy (PTO), provide employee turnover report. g. PENDING LITIGATION: Provide schedules of pending litigation IN RE: SOUTH COUNTY PARK Parks & Recreation Director Pete Haislip presented plans for the South County Park and options on how the plans will be implemented if the proposed high school is built on the site. IN RE: ADJOURNMENT Chairman Johnson adjourned the meeting at 7:55 p.m. Submitted by, ~;#~ Mary H. Allen, CMC/AAE Clerk to the Board ~~ 0~ . Bob L. John n Chairman ~ 506 July 14, 1998 - / This page left intentionally blank -