Loading...
HomeMy WebLinkAbout1/28/1997 - Regular = = January 28, 1997 39 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 28, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of January, 1997. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; 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 John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. 40 January 28, 1997 ~ ..--- '== INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS At Supervisor Eddy's request, and with the consensus of the Board, two new business items were added: (1) Clarification of action at January 14, 1997 Board Meeting concerning appropriation for Division of Motor Vehicles Counter by Commissioner of Revenue and Treasurer; and (2) Request for resolution in support of acquisition of Conrail by Norfolk Southern Corporation. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Chairman Johnson announced that a certificate of recognition for his 100% voting record in Congress for 1996 would be presented to Congressman Bob Goodlatte during the discussion session later in the meeting. IN RE: NEW BUSINESS .:!.... Request to accrocriate funds to complete a master plan for a district park in Southwest County. (Pete Haislic. Parks & Recreation Director) A-012897-1 Mr. Haislip advised that at a work session on October 8, 1996, the Board authorized the Parks & Recreation staff to proceed with the development of a master plan for park facilities on land adjacent to Merriman and Crystal Creek Roads, including School Board and privately owned property. Southwest County is the only area in the January 28, 1997 41 - County which does not have a district park facility. This facility will allow for additional athletic fields, provide the opportunity to develop areas for an open space family recreation, and a greenway trial system. Part of the property borders the Blue Ridge Parkway and the new Wilshire residential development could be linked to this facility. He requested that the Board appropriate $12,000 to complete the plan by Resource Planners, Inc. of Richmond. In response to Supervisor Nickens, Mr. Haislip advised that the plan will be developed so that the twenty-eight acres previously identified for construction of a new high school can still be used for that purpose at a later date if necessary. Supervisor Minnix moved to appropriate $12,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request from Greenways Steering Committee for support in establishing and fundino Greenways Commission. (Elmer Hodge. Countv Administrator) A-OI2897-2 Mr. Hodge advised that the Greenways Steering Committee has completed its work and has made the following recommendations: (1) establishment of a Roanoke Valley Greenways Commission; (2) continued funding of the coordinator 42 January 28, 1997 - ,- position which will amount to $60,000 next year with the County's share being $21,600; and (3) acceptance of the Conceptual Greenway Plan. He recommended that the County accept the Conceptual Plan and establish the Commission but asked that the funding request be submitted through the budget process. He introduced Elizabeth Belcher, Roanoke Valley Greenways Coordinator, who made a presentation. Lucy Ellett, Chair, Greenways Steering Committee, and Charles Blankenship, Member, Greenways Steering Committee, were also present. Ms. Belcher advised that they have applied for grant money to fund the coordinator's position and that Friends of the Roanoke Greenways was incorporated in February to accept donations. Supervisor Nickens requested that staff look at the appropriateness of dollars being allocated to various programs at the Fifth Planning District Commission. Supervisor Eddy moved to approve that Roanoke County (1) officially adopt the conceptual greenways plan; (2) endorse in principle the agreement with others to form permanent steering committee and refer to staff to work out details; and (3) refer funding for coordinator's position to budget process. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Authorization to submit a grant proposal to the Foundation for the Roanoke Valley for fundino of the 1997 Youth D.A.R.E. ~ January 28,1997 4J - (Drug Abuse Resistance Education) Camps to be held at Camp Roanoke. (Pete Haislip. Parks & Recreation Director) A-012897 -3 Mr. Haislip advised that the Parks & Recreation Department, Police and Schools have jointly sponsored and organized two week-long DAR.E. Camps each year since 1995 for the County's rising seventh graders. The two weeks of camp cost approximately $8,307. The Foundation of Roanoke Valley is accepting proposals for grant funding to provide community programs for children. Staff has completed an application to request a $3,000 grant from the Foundation, and he asked that the Board authorize submittal of the grant proposal. Supervisor Johnson moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Request to adopt resolution authorizing the execution of a riaht-of-wav permit with the National Park Service to cross the Blue Ridae Parkwav with water and sewer lines for the purpose of serving the real estate of Boone. Boone & Loeb.· Inc. and Nicholas Beasley. et al. (Janet Scheid. Planner) R-012897-4 44 January 28, 1997 - - Ms. Scheid advised that as a result of the 1992 general rezoning of the County, the Beasley farm was rezoned to R-1, AR and AG-1 against the wishes of Mr. Beasley and the contract purchaser. Mr. Beasley and Boone, Boone & Loeb, Inc. filed a lawsuit against the County and in 1996, as a strategy to settle this lawsuit and protect the Blue Ridge Parkway viewsheds, Boone, Boone & Loeb, Inc. proposed and the County approved, conditionally rezoning this property to Planned Residential Development. This right-of-way permit must be granted by the National Park Service to cross park property with the utility lines. This permit is considered to be temporary and will have to be renewed after twenty years. The National Park Service does not have the legislative authority to grant permanent right-of-way agreements. She asked that the Board approve the resolution giving the County Administrator the authority to execute the right-of-way permit with the National Park Service. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-4 AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY PERMIT WITH THE NATIONAL PARK SERVICE (UNITED STATES DEPARTMENT OF INTERIOR) TO CROSS THE BLUE RIDGE PARKWAY WITH ROANOKE COUNTY PUBLIC WATER AND PUBLIC SEWER LINES FOR THE PURPOSE OF SERVING THE REAL ESTATE OF BOONE, BOONE & LOEB, INC. AND NICHOLAS BEASLEY, ET AL. WHEREAS, on January 14, 1993, Boone, Boone & Loeb, Inc. and Nicholas Beasley, et al. filed a lawsuit against Roanoke County challenging its 1992 - January 28, 1997 45 - comprehensive rezoning of the Beasley Farm; and WHEREAS, in 1996 the County rezoned this property to Planned Residential Development, subject to certain conditions voluntarily proffered by Boone, Boone & Loeb, Inc. and Nicholas Beasley, et al.; and WHEREAS, this conditional rezoning would not become fully effective until a right-of-way permit was secured from the National Park Service (United States Department of Interior) to cross the Blue Ridge Parkway with Roanoke County public water and public sewer lines; and WHEREAS, the National Park Service has granted to the County a temporary right-of-way permit for these purposes; and WHEREAS, this right-of-way permit is substantially similar to the right-of- way permit granted to the Town of Vinton to service the Wolf Creek Development in east Roanoke County in 1996. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the terms and conditions of the right-of-way permit granted to Roanoke County by the National Park Service (United States Department of Interior) are hereby acknowledged and accepted. 2. That the County Administrator or his designee is hereby authorized to execute said right-of-way permit on behalf of Roanoke County and the Board of Supervisors, upon form approved by the County Attorney. Further, the County Administrator is hereby directed to take such actions or to execute such documents as may be necessary to implement the terms and conditions of this right-of-way permit. 3. That this resolution shall take effective immediately upon adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request to clarify action taken on January 14.1997 concerning request for fundina to construct a counter at the Commissioner of Revenue/Treasurer's satellite office at Crossroads Mall. (Paul Mahoney. Countv Attorney) A-012897 -5 With the consensus of the Board, Supervisor Nickens declared that the intent of his motion on January 14, 1997, was for the Commissioner of Revenue and 46 January 28, 1997 - - County Treasurer to use funds already appropriated by the Board to construct the counter at the Division of Motor Vehicles. County Attorney Paul Mahoney advised that Supervisor Nickens' clarification resolved his concern about the appropriation of this item. 6. Request for resolution in succort of the acauisition of Conrail bv Norfolk Southern Corporation. (Elmer Hodge. County Administrator) R-012897-6 Mr. Hodge distributed copies of the prepared resolution to the Board members. Supervisor Minnix asked that the resolution be read into the record. Supervisor Nickens moved to adopt the resolution and send copies to David Goode, Chief Executive Officer, Norfolk Southern Corporation, and to the Cities of Roanoke and Salem, and Town of Vinton. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-6 IN SUPPORT OF THE ACQUISITION OF CONRAIL BY NORFOLK SOUTHERN CORPORATION WHEREAS, the Roanoke Valley is a "railroad town", serving as headquarters for the Norfolk and Western railroad (predecessor of Norfolk Southern Corporation), home to the Virginia Transportation Museum, devoted to rail history and rail-related exhibits, and the location of the Waste Line Express, a train of specially built cars transporting solid waste from a transfer station to a regional landfill; and January 28, 1997 47 - WHEREAS, CSX and Norfolk Southern Corporation are currently competing to acquire the Conrail railroad system; and WHEREAS, pursuant to Surface Transportation Board regulations, Roanoke County has been asked to provide input regarding environmental issues related to increased train traffic in Roanoke County if Norfolk Southern is successful in its bid to acquire Conrail; and WHEREAS, according to the information provided by Burns and McDonnell, the consultant charged with preparing an Environmental Report for the proposed acquisition, the increased rail traffic would be on existing rail lines. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby express its support for the acquisition of Conrail by Norfolk Southern; and further BE IT RESOLVED, that the Board of Supervisors anticipates no environmental issues or concerns arising from increased rail traffic in the existing corridor, and further BE IT RESOLVED, that copies of this resolution be forwarded immediately by the Clerk to the Board to Burns and McDonnell; David Goode, Chairman, President and CEO, Norfolk Southern Corporation; and to the City of Roanoke, City of Salem, and Town of Vinton. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE REQUESTS FOR PUBLIC HEARINGS .:!.... Request for cublic hearinas for Community Develocment Block Grant application on behalf of Total Action Against Povertv (TAP! for Microenterprise Grant. (Tim Gubala, Economic Development Director) A-012897-7 Mr. Gubala advised that Roanoke County has been requested by TAP to participate with Craig County and to apply for $100,000 of Virginia Community Development Block (VCDBG) funds to establish a microenterprise loan program. This 48 January 28,1997 - program will train and assist low and moderate income individuals with starting a business, developing a business plan and applying for loans from local banks. Two public hearings are required before the application deadline of March 28, 1997 and TAP will pay for the advertisements. Supervisor Johnson moved to set the public hearings for February 11, 1997 and February 25, 1977. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for February 25, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .:!.... Ordinance to rezone 11.05 acres from R-1 to R-3 to construct residential condominiums. located on the south side of Electric Road between McVitty Road and Electric Road. Windsor Hills Maaisterial District. upon the petition of Radford & Companv. IN RE: SECOND READING OF ORDINANCES .:!.... Ordinance authorizing the creation of and financing for a Local Public Works Imcrovement Proiect. Eanes Road sanitary January 28,1997 49 - sewer extension. (Gary Robertson. Utility Director) 0-012897 -8 Mr. Robertson advised that several property owners in the section of Eanes Road between the Roanoke City boundary and Bandy Road have septic systems that have failed or are failing and have contacted the Utility Department for assistance. The cost estimate for this project with two participants is approximately $28,000, and with all 11 property owners participating, costs would be $42,500. He distributed a revised ordinance to reflect that the City of Roanoke agreed to participate and fund $4,000 of the cost and that the costs for the two participants was reduced from 7,000 to $5,000. He further advised that another revision to the ordinance may be necessary since the property owner of two parcels was to give notification by the end of the day whether or not he wanted to be included. If two additional parcels of property are included, the cost to the citizens would be $4,500 each, and the project cost would be $36,000. The map of the service area would also have to be revised to reflect the additional two properties. Staff has contacted the remaining property owners again to inform them that in order to obtain the connection charge of $4,500, they must agree to participate prior to January 28, 1997, and in the future, they must pay a $4,500 surcharge towards construction costs at the time of the connection. There was no discussion and no citizens present to speak on this item. Supervisor Nickens moved to adopt the revised ordinance. The motion carried by the following recorded vote: 50 January 28, 1997 - - AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None It was the consensus of the Board that the ordinance adopted could be revised to include any property owners who petitioned to participate as of January 28, 1997. ORDINANCE 012897-8 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, EANES ROAD SANITARY SEWER EXTENSION WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Eanes Road community; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on January 14, 1997, and the second reading was held January 28, 1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of the Eanes Road community. The total construction cost of this public sewer project is estimated to be $36,000.00, to be initially financed as follows: Roanoke City Citizen Participation (4x $4,500) Advance from Public Works Participation Fund $ 4,000 $18000 $14,000 That there is hereby appropriated for this project the sum of $14,000 from the Public Works Participation Fund (which was established by the Board of ~ January 28,1997 51 - Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Eanes Road Sanitary Sewer Project" prepared by the Roanoke County Utility Department, dated January 28, 1997, and identified as Exhibit 1. The Eanes Road Sanitary Sewer Service Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,500 toward construction costs plus the off-site facility fees applicable at the time of connection, said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before January 28, 1997, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $4,500 per property owner/residential connection (of which $1,500 is the off-site facility fee based on a 5/8 inch water meter) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the two anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 52 January 28,1997 NAYS: None 2. Ordinance authorizing conveyance of an easement to Bell Atlantic - Virainia. Inc. for allowing the installation and maintenance of an above-around cabinet across property owned by the Board of Supervisors. (Gary Robertson. Utility Director) 0-012897 -9 Mr. Robertson advised that the County owns a .052 acre lot fronting on Hunting Hills Drive which is used as a water pumping station. Bell Atlantic has asked for an easement from the County to allow for the installation and maintenance of a 6'X9' above ground cabinet to be installed at the rear of the booster station. They have agreed not to remove any existing shrubbery and will provide additional screening for the cabinet. The Hunting Hills Homeowners Association has not expressed a concern with the proposed location. As requested by the Board at the first reading of this ordinance, photographs of the site have been provided. There was no discussion and no citizens were present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ January 28, 1997 53 - ORDINANCE 012897-9 AUTHORIZING CONVEYANCE OF AN EASEMENT TO BELL ATLANTIC - VIRGINIA, INC. FOR ALLOWING THE INSTALLATION AND MAINTENANCE OF A 6' X 9' ABOVE- GROUND CABINET ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property designated as a booster station lot in Hunting Hills, Tax Map No. 87.07-1-13, in the Cave Spring Magisterial District; and WHEREAS, Bell Atlantic - Virginia, Inc. requires a right-of-way for installation and maintenance of a 6' x 9' above-ground cabinet as shown on the attached map; and WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. NOW, 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 January 14, 1997; and a second reading was held on January 28,1997; and 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, 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 Bell Atlantic - Virginia, Inc. for the provision of telephone service; and 3. That donation of a easement for the installation and maintenance of a 6' x 9' above-ground cabinet across County property, as shown on the attached map, is hereby authorized; and 4. That the offer of Bell Atlantic - Virginia, Inc.'s to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 5. That the 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 approved as to form by the County Attorney; and 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 54 January 28.1997 - - IN RE: CONSENT AGENDA R-012897-10 Supervisor Johnson moved to adopt the Consent Resolution without Item 4. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens moved to receive and file Item 4 with the Consent Resolution with editorial change made by Supervisor Eddy for the County Administrator to execute any necessary documents. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-10 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 January 28, 1997 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 4, inclusive, as follows: 1. Approval of Minutes - December 17, 1996 and January 2, 1997. 2. Acceptance of a grant by the Police Department for Community Crime Prevention Services. ~ January 28, 1997 55 - 3. Acceptance of water and sanitary sewer facilities serving Woodbridge, Section 14. 4. Request for emergency access to the Blue Ridge Parkway at the temporary access to the Parkway at milepost 115 and Rutrough Road. 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 the Consent Resolution with the removal of Item 4 for discussion, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None On motion of Supervisor Nickens to receive and file Item 4 with the Consent Resolution with an editorial change by Supervisor Eddy that County Administrator will execute any necessary documents, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He asked Tim Gubala to respond to a recent inaccurate newspaper article about Cracker Barrel not locating in County due to the height of the sign. Mr. Gubala advised that Cracker Barrell never contacted the County with a valid proposal and did not ask for any waiver. (2) He asked Terry Harrington to respond to a recent inaccurate newspaper article about Shenandoah Village with 501 c status starting construction next month. Mr. Harrington advised that construction has not started; the property is zoned C-2; and they do not have the special use permit that they would need to start construction. (3) He advised that he attended a community meeting in Bonsack. (4) He advised that the budget revenues are expected to increase 56 January 28, 1997 - = by $6 million and the commitment is to share 50/50 with Schools, and commented on the inequity that the State increased its funds only $600,000 to schools while the County's increase would be $3 million. Note: The followina comments were made bv Board members after the evening session and before the work sessions began. Supervisor Nickens: (1) He asked for an update on the meeting with the Roanoke Valley Resource Authority concerning the Mayflower Hills Park. Mr. Hodge responded with the details of the meeting. He asked that Paul Mahoney review the request and RVRA's charter to see if any action had to be approved by all three localities. (2) He asked about the status of the Moose Lodge litigation. Mr. Mahoney responded. It was decided by Board concurrence that at the February 11, 1997 meeting, a decision on how to proceed on this matter would be made. Supervisor Eddy: (1) He thanked John Chambliss for his report on the Virginia School Board Association meeting. (2) He advised that the Virginia Department of Transportation will have a meeting on January 30, 1997 to discuss tourist highway information systems such as low band radio and asked that staff attend. (3) He advised that the New Century Council will have a workshop on January 30, 1997 concerning indicators and benchmarks. (4) He advised of his concern about the Bill being proposed to change the sovereign immunity provisions. Chairman Johnson advised that he will write a letter to Senator Edwards, sponsor of the Bill, with a copy to the other legislators, expressing the Board's opposition to the Bill. (5) He asked about January 28, 1997 57 - the status of the proposed Bill to repeal the personal property tax. Chairman Johnson advised that it was withdrawn today. (6) He advised that he attended the Fifth Planning District Commission seminar on wireless communications antennas and that he placed the handouts in the Board Reading File. He was pleased that Mr. Harrington is working to come up with policy. Supervisor Minnix: (1) He asked if the Board wanted to revise the ordinance and consider refunding the deposit on the water service. There was no consensus to review or change the ordinance. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Mrs Cleta Curbow. 3637 Kentland Drive. advised that her sewer constantly backs up when it rains even though she has a cut-off valve installed in her yard and asked for the County's assistance. Gary Robertson, Utility Director, responded and Chairman Johnson asked that staff meet with Mrs. Curbow in an attempt to alleviate the problem. IN RE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by a unanimous voice vote. .:!.... General Fund Unappropriated Balance .2... Capital Fund Unappropriated Balance 58 January 28. 1997 - - 3. Board Contingency Fund ~ Accounts Paid - December 1996 5. Report of Claims Activity for Self-Insurance Program. 6. Report on proposed EPA revised standards for ozone and particular matter and Roanoke Vallev's compliance status. 7. Recort updating status of Drinking Water State Revolving Loan Fund. IN RE: EXECUTIVE SESSION At 4:36 p.m., Supervisor Johnson moved to go into Executive Session following the work sessions pursuant to the Code of Virginia Section 2.1-344 A (3) To consider the acquisition or use of real property; (7) To discuss legal matters concerning negotiation of an agreement with the County of Botetourt; (3) To discuss the use of real property for public purposes, space for the Department of Social Services; and (5) to discuss location of a perspective business or industry. The motion carried by the following recorded vote: AYES Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS None IN RE: DISCUSSION WITH CONGRESSMAN BOB GOODLATTE ~ January 28,1997 59 The discussion with Congressman Goodlatte began at 4:45 p.m. and concluded at 5:45 p.m. The various topics discussed included: (1) funding for Explore Park; (2) aerial mapping program; (3) Interstates 73, 63 and 81; (4) status of the tower approach facility at the Roanoke Regional Airport; (5) flow control; (6) EPA non attainment area; (7) STEP 21 Highway Funding Program; (8) cellular towers; (9) Telecommunications Bill; (10) welfare reform; (11) Social Security; (12) United Nations contributions; and (13) bailout of the District of Columbia. IN RE: EXECUTIVE SESSION At 5:40 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (5) to discuss location of a perspective business or industry. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-012897 -11 At 7:00 p.m., Supervisor Nickens moved to return to open session; that the Executive Session was held 5:40 p.m. until 6:45 p.m; that Supervisor Johnson was absent when the item concerning the potential lease of property for Social Services (jØ J9n1l9ry 211, 1997 - Department was discussed; and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-11 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 to adopt the Certification Resolution, and to notify that Supervisor Johnson was absent for discussion of the item concerning the potential lease of property for the Social Services Department, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: EVENING SESSION At 7:00 p.m., Chairman Johnson reconvened the meeting and announced that two new business items were being added to the evening session: (1) Request to execute a performance agreement for the expansion of Kroger; and (2) Authorization to -, January 28, 1997 61 - sell a portion of the County's capacity in the Regional Sewage Treatment Plant to the County of Botetourt. IN RE: RECOGNITIONS .:!.... Introduction of David Wiley. Roanoke Svmchony Conductor. Mr. Hodge introduced Mr. Wiley who is serving his first season as Music Director and Conductor for the Roanoke Symphony Orchestra. IN RE: NEW BUSINESS .:!.... Request to adopt a resolution authorizing the execution of a Performance Agreement with the Kroaer Company and the Industrial Development Authority of Roanoke County for the expansion of the Kroger Mid-Atlantic Distribution Center and Appropriation of Funds. (Tim Gubala. Economic Develocment Director) R-012897-12 Mr. Hodge announced that Kroger is expanding their Mid-Atlantic Distribution Facility and constructing a new Vehicle Maintenance Facility in the Glenvar area. The capital project will cost $35 million and add 125 new jobs to the current 330 positions at the facility. He expressed appreciation to all involved with this project and introduced Dave Osborne, President of Kroger Mid-Atlantic Region, Fenton Childress, Kroger Real Estate Manager, Jim Douthat, Attorney for Kroger, and Ann Piedmont, 62 January 28,1997 - - Roanoke Valley Economic Development Partnership. He advised that this project afforded the opportunity to settle a dispute between Kroger and the County concerning local license taxes. Kroger has agreed to accept a partial refund which the County will allocate to this project. Mr. Gubala advised that Kroger's estimated total new taxes from the project over the five year period will be $1.729 million and payback will occur between the year 2003 and 2004. In return for the investment being made by Kroger Company, the County will appropriate $1.78 million for public infrastructure improvement and acquisition purposes as follows: (1) Realignment and reconstruction of Garman Road at $1 million; (2) Acquisition of approximately 4.8 acres of real estate at $400,000; (3) Extensions of public water and sewer and funding of connection fees at $170,000; (4) Storm water management improvement at $50,000; and (5) Payment of projects costs at $160,000. Of the $1.78 million County investment, $450000 is to be appropriated to the Industrial Development Authority to meet its obligations under the agreement. Kroger agrees to complete a new 30,000 square foot Vehicle Maintenance Facility, employ 125 additional people, and obtain building and trade permits for new construction and building renovations at the Mid-Atlantic Distribution Facility on or before the expiration of the five year period. The performance agreement sets forth a repayment procedure in the event Kroger's new taxable investment and employment goals are not met by 2003. January 28, 1997 'ª Mr. Osborne advised that the Kroger Mid-Atlantic Distribution Center has been in Roanoke County since 1959 and that they now have 125 stores with two more planned in the first quarter of this year. They were faced with the necessity to relocate or renovate their present facility, and expressed appreciation to the Board members, Mr. Hodge and other County staff for their assistance with this project. Supervisor Harrison moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-12 AUTHORIZING THE EXECUTION OF A PERFORMANCE AGREEMENT WITH THE KROGER CO. AND THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY AND AN APPROPRIATION OF FUNDS THEREFOR WHEREAS, the County of Roanoke and the Industrial Development Authority desire to promote and encourage the economic development of Roanoke County, Virginia, and the Roanoke Valley by the expansion of existing businesses in the Roanoke Valley, in order to provide for increased employment and corporate investment in the County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds; and WHEREAS, The Kroger Co. desires to support these economic development efforts of the County and the Authority by expanding its facilities in the County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the execution of a performance agreement with The Kroger Co. and the Industrial Development Authority of Roanoke County for the expansion of certain economic development facilities in Roanoke County is hereby authorized and approved. 2. That $1,780,000 is necessary to pay for the County's performance obligations under this agreement. These funds are derived from the following sources: 64 January 28. 1997 - (A) $869,917 from license fees paid by The Kroger Co. from 1994 through 1996 currently held by the County in an escrow account. (B) $460,083 is hereby appropriated from the Unappropriated Balance. C $450,000 is appropriated from the Unappropriated Balance to the Industrial Development Authority of Roanoke County. 3. That the County Administrator is authorized to execute said performance agreement on behalf of the County, upon form approved by the County Attorney. 4. That this resolution shall take effect immediately. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2.. Request for resolution approvina and authorizing the sale of a cortion of the cacacity of Roanoke Countv in the Regional Sewage Treatment Plant to the County of Botetourt. (Gal)' Robertson. Utility Director) R-01297-13 Mr. Robertson advised that Roanoke County, Botetourt County, Roanoke City, Salem City and Town of Vinton are involved in a major upgrade of the regional wastewater treatment facility and the major interceptors. Roanoke County's capacity will increase from 9.0 MGD to 15.20 MGD if the proposed upgrade to 62 MGD is approved by the Department of Environmental Quality. Botetourt County wants to obtain additional capacity of 0.99 MGD from Roanoke County at a cost of $.75 per gallon. If the plant is upgraded at 62 MGD or greater, Roanoke County will be able to reduce its cost in this project by $742,500. He described each of the six conditions of January 28, 1997 65 the proposal which are based on negotiations between Botetourt County and Roanoke County and are contained in a letter from Stewart A. Lassiter dated January 23, 1997. He asked that the Board approve the sale contingent upon these six conditions and that a contact document be prepared. Supervisor Eddy advised that he would vote against approval of the sale because he disagreed with the method of calculating the purchase price. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy RESOLUTION 012897-13 APPROVING AND AUTHORIZING THE SALE OF A PORTION OF THE CAPACITY OF ROANOKE COUNTY IN THE REGIONAL SEWAGE TREATMENT PLANT TO THE COUNTY OF BOTETOURT WHEREAS, by Resolution 101194-1 adopted on October 11, 1994 the Board of Supervisors approved and authorized the execution of a Regional Sewage Treatment Contract, dated November 1, 1994, on behalf of the County of Roanoke with the City of Roanoke, the City of Salem, the County of Botetourt, and the Town of Vinton; and, WHEREAS, by Resolution adopted on December 17, 1996, the Board of Supervisors of Roanoke County approved and authorized certain amendments to said contract; and WHEREAS, the County desires to sell a portion of its allocated capacity in an amount not to exceed 990,000 gallons in the Regional Sewage Treatment Plant to the County of Botetourt, substantially in accordance with the terms and conditions of the proposal dated January 23, 1997, from Mr. Stewart Lassiter, P.E. of Finkbeiner, Pettis & Strout, Inc.; and WHEREAS, this proposed sale of flow capacity in the Regional Sewage Treatment Plant is based upon the proposed permitted capacity of the Sewage Treatment Plant of 62 MGD and, at the rate of $.75 per gallon of flow capacity. 66 January 28, 1997 - = NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, as follows: 1. That a contract to sell a portion of the County of Roanoke's capacity in an amount not to exceed 990,000 gallons in the Regional Sewage Treatment Plant on behalf of the County of Roanoke to the County of Botetourt, substantially in accordance with the terms and conditions of the proposal dated January 23,1997, from Mr. Stewart Lassiter, P.E. of Finkbeiner, Pettis & Strout, Inc., is hereby approved and authorized. 2. That this contract is contingent upon certain permitting approvals from the Virginia Department of Environmental Quality with respect to sewage treatment plant capacity of 62 MGD. 3. That the Chairman of the Board of Supervisors is hereby authorized to execute said contract on behalf of the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy IN RE: PUBLIC HEARINGS .:!.... Public Hearing and Adoction of the Secondary Road Svstem Six Year Construction Plan for Fiscal Year 1997-2003 and the allocation of funds for Fiscal Year 1997-1998. (Arnold Covey. Enaineerina & Inspections Director) R-012897-14 Mr. Covey advised that the plan was presented to the Board at a work session on January 14, 1997, and there have been no changes since that time. There were no citizens to speak on this item and he requested that the Board adopt the resolution approving the plan and allocating funds, January 28,1997 67 - Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 012897-14 APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1997-2003 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEAR 1997-1998. WHEREAS, a public hearing was held on January 28, 1997, to receive comments on the adoption of the Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1997-2003; and the adoption of the Funding for Fiscal Year 1997-1998; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1997-2003 and allocations for Fiscal Year 1997-1998 as set out on the attached Secondary System Construction Program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Second Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1997-2003 by the Clerk to the Board. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .:!.... Ordinance to rezone .73 acre from 1-1C to C-2 to allow operation of a retail furniture store. located at 6024 Williamson Road. Hollins Magisterial District. upon the petition 68 January 28, 1997 - of Georae Jacob. (Terry Harrinaton. Planning & Zoning Director) 0-012897-15 Mr. Harrington advised that this rezoning is being requested for the purpose of removing a proffered condition for a small scale custom manufacturing use accepted during a 1988 rezoning of this property. The return to the C-2 designation is requested so that the property may conform to the current comprehensive plan designation and be used for the full range of permitted uses. The immediate use of the property is intended to be for the retail sale of furniture. The Planning Commission recommended approval of the petition. There was no discussion and no citizens present to speak on this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 012897-15 TO CHANGE THE ZONING CLASSIFICATION OF A .73-ACRE TRACT OF REAL ESTATE LOCATED AT 6024 WILLIAMSON ROAD (TAX MAP NO. 38.06-6-2) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1_ 1C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF GEORGE JACOB WHEREAS, the first reading of this ordinance was held on December 17, 1996, and the second reading and public hearing were held January 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 7, 1997; and January 28, 1997 69 - WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .73 acres, as described herein, and located at 6024 Williamson Road, (Tax Map Number 38.06-6-2) in the Hollins Magisterial District, is hereby changed from the zoning classification of 1-1 C, Industrial District Conditional, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of George Jacob. 3. That said real estate is more fully described as follows: BEGINNING at a point on the westerly side of U.S. Route 11, 100 feet southerly from the intersection of the westerly side of Route 11 and the southerly side of Route 623, both extended; thence with a division line between Lots 12-B and 12-C, S. 78 deg. l' 30" W. 200.17 feet to an iron on the line of Lot 11; thence N. 0 deg. 0' 30" W. 222.25 feet to an old iron on Route 623; thence with the southerly side of Route 623, S. 64 deg. 40' E. 181.29 feet to the beginning of a curve; thence with a curve to the right, whose radius is 25 feet, an arc distance of 23.09 feet to a point on the westerly side of Route 11; thence with Route 11, S. 11 deg. 58' 30" E. 87.56 feet to the place of beginning, and being all of Lot 12-C, according to a survey made for Captain's Grove Corporation showing a division of Lot 12, Block 1, Captain's Grove, which survey was made by T. P. Parker, SCE, July 16, 1962 and was made a part of a deed recorded in Deed Book 698 at page 29 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CONTINUANCE OF PUBLIC HEARING 70 January 28,1997 - - Chairman Johnson announced that the following public hearing had been continued by the Planning Commission: Ordinance authorizing a Scecial Use Permit to allow a beauty shop in a residence. located at 6187 Bent Mountain Road. Windsor Hills Magisterial District. upon the petition of Jean McDowell. INRE: WORK SESSION .:!.... Work Session on Year 2000 Computer Ucarade. The work session was held after the Evening Session was concluded and began at 8:20 p.m. It was presented by Craig Hatmaker, MIS Director and Mr. Hodge. Mr. Hatmaker advised that in order to prepare the computer system for the year 2000 utilizing County staff, it would be necessary to approve two additional permanent positions and that the cost is estimated to be approximately $550,000 spread over three years. It was the consensus of the Board that Mr. Hodge will bring back an agenda item requesting whatever is necessary for this upgrade to the Board at the February 11, 1997 meeting. 2. Budaet Work Session. The budget work session began at 9:00 p.m. and Brent Robertson, Budget Manger, reviewed the following: (1) budget calendar; (2) mid-year expenditure report; (3) revenues mid-year report; (4) preliminary Fiscal Year 97-98 revenue projection; (5) Fiscal Year 97 amended vs. Fiscal Year 98 proposed budget; (6) capital improvement program; and (7) Fiscal Year 1998-2002 summary of department CIP January 28, 1997 71 - requests. There was Board consensus to: (1) inform the citizens about the start of the Citizens Budget Academy; (2) that the tax rate will not change and that the public hearing will be held on February 25, 1997; (3) that there will be a CIP work session on February 11, 1997 with a draft being sent to the Board a week before; and (4) that some type of followup will be implemented for CIP projects. Supervisor Nickens advised that the doors at the Hollins Library need repair and asked that staff provide assistance. IN RE: ADJOURNMENT At 9:45 p.m., Chairman Johnson declared the meeting adjourned. Submitted by, Approved by, ~~~ Brenda J. H ton Deputy Clerk to the Board ~. Bob L. Johnson Chairman 72 January 28, 1997 = - This page left blank intentionally.