HomeMy WebLinkAbout2/25/1997 - Regular
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February 25, 1997
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
February 25, 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 February .
INRE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:03 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; Mary H. Allen, 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.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.1.. Recoanition of Parks and Recreation Deoartment for the
selection of Garst Mill Park being voted the Roanoke Vallev's
3RD Best Park by the readers of Roanoker Magazine.
Pete Haislip, Director of Parks and Recreation, presented to Chairman
Johnson the certificate from the Roanoker Magazine.
INRE:
NEW BUSINESS
.1.. Adoption of resolution reauestina VDOT to adopt
recommended lists of Primary and Interstate oroiects for the
1997-2003 Six Year Improvement Program. (Arnold Covey.
Director of Enaineering & Inspections)
R-022597-1
Mr. Covey advised that the Six Year Improvement Program is the
Commonwealth Transportation Board's plan for identifying funds anticipated to be
available for highway and other forms of transportation construction for distribution in
the 1997-2003 plan. The Preallocation Hearing will be held on March 12, 1997 at the
Salem Civic Center. The Salem District's Interstate, Primary and Urban funds for Fiscal
Year 1997-98 are estimated to be $74,063,000.
Mr. Covey described the projects currently budgeted on the Six Year
Improvement Program as outlined in the resolution, which include improvements to
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Interstate 81, Route 221, Route 220 South, and support for Interstate 73.
He also reviewed the projects that Roanoke County have requested to be
included. They are Route 11 (Williamson Road), Route 11/460 (West Main Street)
and Route 115 (Plantation Road). These were also described in the prepared
resolution but were not prioritized.
Following discussion, there was consensus by the Board that the
proposed projects be prioritized with Route 11/460 (West Main Street) the top priority.
Supervisor Minnix moved to adopt the resolution as amended by
Supervisor Eddy. The motion was amended by Supervisor Harrison to include Route
11/460 as the number one priority and Route 11 as the number 2 priority. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022597-1 REQUESTING VDOT TO CONTINUE
FUNDING PROJECTS CURRENTLY ON THE PLAN AND ADOPT
THOSE PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR
INCLUSION INTO THE 1997-2003 PRIMARY AND INTERSTATE SIX
YEAR IMPROVEMENT PLAN
WHEREAS, the Six Year Improvement Program is the Commonwealth
Transportation Board's plan for identifying funds anticipated to be available for highway
and other forms of transportation construction; and
WHEREAS, this program is updated annually to assist in the allocation of
federal and state funds for interstate, primary, and secondary roads.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia as follows:
1. That the following projects identified as "Projects on Plan" are
recommended to continue to receive funding for planning and construction; and
. Route 1-81 - Roanoke County is very supportive of the Virginia
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Department of Transportation's proposed plan to increase the
number of north and south travel lanes. Roanoke County is
requesting that consideration be given to improving all
interchanges and investigate the possibility of constructing an
additional interchange between Wildwood Road (Route 619) and
the interchange at Dixie Caverns (Route 460). Increased
urbanization, availabilities of utilities, and the potential for industrial
development within the area justify the investigation of another
interchange to serve this portion of Roanoke County. The average
annual daily traffic estimates for 1-81 range from 39,000 to 42,000
from Montgomery County to Botetourt County.
· Interstate 73 - Roanoke County is very supportive of this project
through southwest Virginia and looks forward to reviewing the
Transportation Board and Consultant's proposed conceptual
alignments within the Route 220 corridor.
· Route 221 (Bent Mountain Road) - Roanoke County is requesting
continued allocation of funds for this 2.3 mile road project. The
residential development projected to occur within this area will
place additional demands on the road system that is currently
providing an inadequate service level. Current traffic counts for
this section show approximately 10,000 vehicles per day.
· Route 220 South - Roanoke County is pleased with the feasibility
study to improve and widen this road from Roanoke to Martinsville
and look forward to discussing the recommendations and findings
of the consultants with VDOT.
2. That the following projects identified as 'Projects Not on Plan" have
been identified by the Board of Supervisors as extremely important to the growth of
Roanoke County and are requested to be included in the VDOT Six Year
Improvements Program for the 1997-98 Fiscal Year.
They are listed in priority order.
1... Route 11/460 (West Main Street)
Need: With the widening of West Main Street to four lanes within
the City of Salem, there is a need to continue the four lanes of
Route 11/460 to the existing four lane section west of Technology
Drive (Route 830) 2.03 miles. These improvements are needed to
provide uniformity of road section, to address traffic congestion
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concerns along the road, and to provide a safer roadway for the
residents and commercial vehicles. This area of the County is
growing, and development over the past two years has increased
dramatically. R. R. Donnelly and Sons Company, Rusco
Windows, Frito Lay and Richfield Retirement Facility have all built
new or expanded facilities in that area, adding 432,200 square feet
of industrial and commercial space in the area. Additionally,
Kroger plans a major expansion and renovation at its existing
facility within the near future.
Traffic Counts: From the Salem city limits to Alleghany Drive,
17,000 trips per day, and from Alleghany Drive to Fort Lewis
Church Road, 14,000 trips per day. Currently, Kroger and R. R.
Donnelly generate 1,300 tractor trailer truck trips per week, with
this number expected to increase by 50% in the next two years.
This stretch of road is an alternate route when 1-81 lanes are
blocked, which has occurred several times over the past several
years, causing major congestion and safety risks for the
community.
Recommended Improvements: A five-lane highway with
appropriate turning lanes.
Cost: $10,000,000 - $12,000,000.
2. Route 11 (Williamson Road)
Need: Now that Route 11 has been widened from Plantation Road
(Rte. 115) to Hollins College, there remains one section of three
lane road from Peters Creek Road (Rte. 117) to the Roanoke City
Limits. Additionally, the existing bridge over Carvins Creek does
not meet current standards, and the realignment of Florist Road
with Route 11 have created additional congestion and safety
concerns. The existing section of road, 1.52 miles, is a three-lane
with the center lane used for turning movements. Ninety percent of
the tracts adjacent to Williamson Road are developed for
commercial use.
Traffic counts: 15,000 vehicles per day from the Roanoke city
limits to Peters Creek Road. This stretch of road has also been
identified as an alternate route in the event of a blockage on 1-
81/581.
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Recommended Improvements: A five-lane highway with
appropriate turning lanes, which will complete improvement of
Williamson Road from the city limits to the Botetourt County line.
Cost: $10,000,000.
~ Route 115 (Plantation Road)
Need: The existing road, 2.43 miles, is two lanes with numerous
side connections to residential neighborhoods. The road needs to
be improved from Roanoke city limits north to Route 11. If full
funding are not available, various spot improvements, such as turn
lanes, alignment and grade improvements, would help with safety
issues. Additional land is available along the road for future
development, which will increase traffic in the future.
Traffic Counts: From the Roanoke city Limits to Williamson Road,
11,000 vehicles per day. .
Recommended Improvements: Four lane divided highway with
appropriate turning lanes.
Cost: $12,000,000 - $15,000,000.
Other primary roads in Roanoke County which deserve consideration for
improvements:
ROUTE 419 (ELECTRIC ROAD), ROUTE 116, (JAE VALLEY
ROAD), ROUTE 118, (AIRPORT ROAD), ROUTE 311,
(CATAWBA ROAD), ROUTE 24, (WASHINGTON AVENUE),
ROUTE 460, (CHALLENGER AVE.)
3. That the Board of Supervisors request that the Commonwealth of
Virginia create an expanded pool of funds to meet increasing transportation needs
throughout the State.
On motion of Supervisor Minnix amended by Supervisor Harrison to adopt
the resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Adootion of a resolution requestina $100.000 arant from the
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Virginia Soil and Water Conservation Board Flood Prevention
and Protection Assistance Fund. (Arnold Covev. Director of
EnaineerinQ & Inspections)
R-022597-2
Mr. Covey reported that in 1995, the Board approved the expenditure of
$510,000 to be used as matching money for obtaining digital mapping for the County.
Federal funds were used for Phase 1 of a five-phase project which is now being
completed. Staff was notified in December 1996 that funds for this program were being
reduced and Phase 2 of the mapping effort would not be fully funded. Staff now has
the possibility of obtaining a $100,000 grant from the Virginia Soil and Water
Conservation Board Flood Prevention and Protection Assistance Fund which would
allow the mapping effort to stay on schedule. Mr. Covey advised that funds were
available to match the grant money.
In response to questions from the Board members, Mr. Covey advised
that the federal government has made a commitment to the project but has not
committed the funds. He also advised that it was his understanding when the Board
approved the project in 1995, the County's share would be included in the budget over
the five-year period.
Supervisor Johnson moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
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February 25, 1997
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NAYS: None
RESOLUTION 022597-2 REQUESTING A $100,000 GRANT FROM THE
VIRGINIA SOIL AND WATER CONSERVATION BOARD FLOOD
PREVENTION AND PROTECTION ASSISTANCE FUND.
WHEREAS, Roanoke County participates in the National Flood Insurance
Program and is a Class 9 Community in good standing, and
WHEREAS, the Board of Supervisors entered into an agreement with the
United States Army Corps of Engineers in June 1995 for the purpose of obtaining
digital mapping of Roanoke County, and
WHEREAS, federal funding for fiscal year 1997-98 has been reduced for
this project, and
WHEREAS, local matching money in the amount of $100,000 is available
for matching this grant.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County does hereby request assistance in the amount of $100,000, as a
grant, from the Commonwealth of Virginia Flood Prevention and Protection Assistance
Fund, for the purpose of obtaining digital mapping as outlined in the application for the
project entitled "County of Roanoke Digital Mapping Project:
Recorded Vote
Moved By: Supervisor Johnson
Seconded By: None Required
Yeas: Supervisors Eddy. Minnix Harrison Nickens. Johnson
Nays: None
3. Request to the Plannina Commission to consider amending
the zoninQ ordinance to require a Soecial Use Permit for
broadcasting towers in industrial and commercial zoning
districts. (Terry Harrington. Plannina & Zonina Director)
A-022597 -3
Mr. Harrington explained that broadcasting·· towers are regulated by
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special use permit in AG3, AG1, AR, and C1 zoning districts. They are prohibited in AV
and all residential zoning districts, but allowed as a by-right use in C2, 11 and 12 zoning
districts. Since 1993, the Board has reviewed six special use permit requests,
approved four of them, and denied two.
Mr. Harrington advised that in 1996 the Federal Telecommunications Act
was passed by Congress and provides new guidelines for regulating the placement of
broadcasting towers. County staff has convened a committee comprised of
communication industry representatives, local government representatives, and
interested citizens to review existing policy guidelines and ordinance provisions. The
committee will also research the potential for tower proliferation. The committee's
recommendation may require future code changes.
Mr. Harrington recommended that the Board request the Planning
Commission to prepare an amendment to the zoning ordinance that would permit
broadcasting towers as a special use in C2, 11 and 12 zoning districts.
Following discussion, Supervisor Nickens moved to approve requesting
the Planning Commission to consider an amendment to the Zoning Ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
4. Reauest from the School Board to amend the School
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February 25, 1997
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Operations Budget to recognize additional revenues. (Jerrv D.
Hardy. Budget & Data Management Director)
A-022597 -4
Dr. Hardy reported that the school administration has received additional
revenues of $188,000 from the following sources: (1) increased enrollment of 49
students will bring an additional $118,000 from the state; (2) a mid-year adjustment of
$90,000 to the projected sales tax collection; staff recommends increasing the sales tax
revenue by $50,000; and (3) increase in nonresident students fees generated an
additional $20,000.
Dr Hardy advised that the schools recommend that the revenue be used
as follows: 3 instructional assistants ($28,800), 2 Special Education teachers
($50,000), Other part-time staff ($20,000), textbook allocation ($30,000), Title VIB
Flow-thru ($31,500), Dumpster Pickup ($18,500), and legal fees ($10,000).
In response to a question from Supervisor Nickens, Dr. Hardy advised
that the year-end surplus on June 30, 1996 was $1.2 million. Supervisor Nickens
questioned the legal fees. County Attorney Paul Mahoney responded that the School
Board decided to hire legal assistance in addition to that offered by the County
Attorney's Office.
Supervisor Nickens suggested that the $188,000 be appropriated to the
School Capital Fund for future capital expenses. In response to a question by
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Supervisor Harrison, Mr. Mahoney explained that the Board has the authority to
appropriate any or all of the money to any category.
Supervisor Nickens moved to place $188,000 in capital funds for capital
use in the future and that the School Board use appropriated funds for these
expenditures since there is usually a surplus at the end of the year.
Supervisor Johnson offered a substitute motion to approve an
appropriation of $128,000 with $50,000 sales tax and $10,000 legal fees removed. The
motion was defeated by the following recorded vote:
AYES: Supervisors Minnix, Johnson
NAYS: Supervisors Eddy, Harrison, Nickens
Supervisor Nickens' original motion was defeated by the following
recorded vote:
AYES: Supervisor Nickens
NAYS: Supervisors Eddy, Minnix, Harrison, Johnson
Supervisor Nickens moved to table the issue. The motion was defeated
by the following recorded vote:
AYES: Supervisor Nickens
NAYS: Supervisors Eddy, Minnix, Harrison, Johnson
Supervisor Eddy moved to reduce the appropriation to $178,000,
eliminating the $10,000 legal fees. The motion was defeated by the following recorded
vote:
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AYES:
NAYS:
Supervisor Eddy
Supervisors Minnix, Harrison, Nickens, Johnson
Supervisor Minnix moved to approve the staff recommendation and
approve the amendment to the School Board budget by appropriating the $188,000.
The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Johnson
NAYS: Supervisors Eddy, Nickens
5. Request for aporoval of an agreement with the Industrial
Develooment Authority of Roanoke County. (Paul Mahoney.
County Attornev)
A-022597 -5
Mr. Mahoney advised that this agreement documents the working
relationship between the County and the Industrial Development Authority of Roanoke
County for the management, administration and implementation of economic
development projects in the County. Highlights of the agreement include that the
County Purchasing Agent shall act as purchasing officer for the IDA; the County's
procurement ordinance shall be the IDA's procurement policies; that the County's
financial staff shall be responsible for the financial administration of the IDA; and that
the IDA delegates to the County Administrator responsibility for projects and
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administration.
Supervisor Nickens moved to approve the agreement with a minor change
to the agreement noted by Supervisor Eddy. 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 Johnson moved to approve the first readings and set the
second readings and public hearings for March 25, 1997. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1... Ordinance authorizina a Special Use Permit to exoand the
existina facility. located at 3028 Penn Forest Blvd.. Cave
Sprina Magisterial District. upon the petition of Penn Forest
Christian Church.
2. Ordinance authorizing a Soecial Use Permit to construct a
home for adults located 0.15 mile west of the intersection of
Brambleton Avenue and Pinevale Road. Windsor Hills
MaQisterial District. uoon the petition of Balanced Care Corp.
3. Ordinance authorizing a Special Use Permit to operate an ice
cream stand located at 6415 Williamson Road. Hollins
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Maaisterial District. UDon the petition of McCluna Enterprise
TIA Willy's.
IN RE:
EMPLOYEE SERVICE AWARDS
At 4:00 p.m., Chairman Johnson and County Administrator Elmer Hodge
presented certificates to all employees celebrating their 5, 10, 15, 20, 30 and 40 year
anniversaries, and plaques were presented to members of the Quarter Century Club.
INRE:
RECEPTION
At 4:30 p.m., Chairman Johnson declared a recess to attend a reception
honoring the employees who received service awards.
INRE:
RECONVENEMENT
At 4:40 p.m., Chairman Johnson reconvened the meeting with all present.
INRE:
FIRST READING OF ORDINANCES
1... Ordinance approvina the transfer of 3.00 acres. being lots 15,
16 and the western 70 feet of Lot 14 of Fort Lewis Estates to
the Industrial Development Authority for conveyance to Kroger
as part of the Kroger expansion Droiect. (Tim Gubala,
Economic Development Director)
February 25, 1997
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Mr. Gubala reported that Richfield Retirement Community exchanged
3.00 acres for County land upon which Richfield is constructing an Alzheimer's Center.
Kroger is requesting the County to donate this 3.00 acre tract for their expansion
project.
There was no discussion and no citizens to speak.
Supervisor Harrison moved to approve the first reading and set the
second reading for March 11, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Ordinance aranting a private water line easement across
property owned by Roanoke County to Neysa M. Luckado.
(Gary Robertson. Utilitv Director)
Mr. Robertson advised that Ms. Luckado is in the processing of
constructing a dwelling and the property has an existing well that is contaminated. She
is therefore requesting public water. Although public water is still not immediately
accessible to Mr. Luckado's property, there is a 24-inch water line located on the
adjoining property owned by Roanoke County. Ms. Luckado has requested that
Roanoke County grant an easement across the property for the purposes of installing a
private water lateral.
Supervisor Nickens suggested that any agreement assure that nothing
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can prevent the County from building an additional well house or something else on the
property in the future.
Supervisor Eddy moved to approve the first reading and set the second
reading for March 11, 1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
.1.. Ordinance apDroving an oDtion to purchase agreement with
Eva M. Burritt for five feet of Lot 14. the eastern 25 feet of Lot
14. Lot 13. and Lot 12 on maD of Fort Lewis Estates
authorizing the exercise of said option and authorizing
assignment of the contract to the Industrial DeveloDment
authoritv in connection with the Kroger Proiect. (Tim Gubala.
Economic Development Director)
0-022597-6
Mr. Gubala advised that Ms. Burritt owns property through which the new
Garman Road will pass. She has signed an option and the County wishes to exercise
the option and assign the contract to the IDA to proceed with acquisition of the
property. The property has been appraised at $250,000. In an effort to reach a
settlement, a written offer of $315,000 was extended to and accepted by the owner.
February 25, 1997
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There was no discussion and no citizens to speak.
Supervisor Harrison moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022597-6 APPROVING AN OPTION TO PURCHASE
AGREEMENT WITH EVA M. BURRITT FOR FIVE FEET OF LOT 14,
THE EASTERN 25 FEET OF LOT 14, LOT 13, AND LOT 12 ON MAP
OF FORT LEWIS ESTATES (PLAT BOOK 3, PAGE 51), AUTHORIZING
THE EXERCISE OF SAID OPTION, AND AUTHORIZING ASSIGNMENT
OF THE CONTRACT TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY IN CONNECTION WITH THE
KROGER PROJECT
WHEREAS, by Resolution #012897-12, the Board of Supervisors of
Roanoke County authorized and approved an economic development project, known as
the Kroger Project, authorized execution of a Performance Agreement with the
Industrial Development Authority of Roanoke County, Virginia, ("IDA"), and the Kroger
Co., and appropriated the sum of $1,780,000 to pay for the County's and the IDA's
performance obligations under the Agreement; and,
WHEREAS, by Option to Purchase Agreement dated January 27, 1997,
Eva M. Burritt granted unto the Board of Supervisors of Roanoke County, Virginia, an
option to purchase portions of lot 14, and all of lots 13 and 12 on the map of Fort Lewis
Estates (Plat Book 3, Page 51), being further shown on the Roanoke County land
records as Tax Map Numbers 55.03-1-17, 55.03-1-16, 55.03-1-15, and 55.03-1-14 ("the
Property"); and,
WHEREAS, under the terms of said agreement, the purchase price for the
Property is $315,000 and the option must be exercised on or before February 28,1997;
and,
WHEREAS, the agreement provides for settlement within 30 days of the
notice of exercise of the Option, but possession by the County (or its assignee) is
subject to the condition that Eva Burritt will be entitled to retain possession of the
buildings for storage of personal belongings and property until May 31, 1997, with
access thereto, unless the CountyllDA, at its expense, moves the personal property to
a bonded storage facility and bears the cost of storage through May 31, 1997, if
possession of the buildings or commencement of construction is necessary prior to that
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date; and,
WHEREAS, the property is necessary for relocation and construction of
Garman Road, and the funds are available to the IDA in the Kroger - IDA account as
appropriated by the Board on January 28, 1997; and,
WHEREAS, pursuant to §15.1-511.1 of the Code of Virginia (1950, as
amended), the Board of Supervisors is authorized to donate and assign its rights under
said Option to Purchase Agreement to the IDA, in order for the IDA to fulfill the
County's and the IDA's obligations under the above-described performance agreement
in furtherance of the purposes for which the IDA was created; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on February 11, 1997; the second reading was
held on February 25,1997.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Option to Purchase Agreement dated January 27, 1997,
between Eva M. Burritt, 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 is hereby authorized to exercise the
option to purchase from Eva M. Burritt the following described real estate, to-wit:
All those certain lots or parcels of land together with any improvements
thereon, rights incident thereto, and appurtenances thereunto belonging,
situate in the County of Roanoke, Virginia, on the south side of U.S.
Route 11/460 being designated and described as 5 feet of lot 14, the
eastern 25 feet of lot 14, lot 13, and lot 12 on the map of Fort Lewis
Estates recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 3, Page 51, reference to which is hereby
made for a further description of said property, said real estate being
further shown and designated upon the Roanoke County land records as
Tax Map Numbers 55.03-1-17,55.03-1-16,55.03-1-15, and 55.03-1-14.
3. That, upon exercise of the option, the County Administrator is
hereby authorized and directed to assign the County's contract rights under said
Agreement to the Industrial Development Authority of Roanoke County, which shall
proceed with purchase of the Property for the sum of $315,000, subject to the terms
and conditions provided in the Agreement, and the IDA shall assume all obligations
and responsibilities of the County provided for in the Agreement.
4. 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 are necessary to accomplish the exercise of the
option and assignment of the contract to the IDA, all of which shall be approved as to
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form by the County Attorney.
5. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Harrison to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Ordinance authorizing conveyance of a sanitary sewer
easement to the Town of Vinton across Stonebridge Park
Droperty owned by the Board of Supervisors. (Paul Mahoney.
County Attorney)
0-022597-7
There was no discussion and no citizens to speak on this ordinance.
Supervisor Nickens moved to adopt the ordinance with the editorial
change suggested by Supervisor Eddy. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022597-7 AUTHORIZING CONVEYANCE OF A
SANITARY SEWER EASEMENT TO THE TOWN OF VINTON ACROSS
STONEBRIDGE PARK PROPERTY OWNED BY THE BOARD OF
SUPERVISORS
WHEREAS, the Town of Vinton has requested an easement for sanitary
sewer purposes across property owned by the Roanoke County Board of Supervisors,
one parcel being located southwest of Tulip Lane (Va. Route #1017) and three parcels
lying northeast of Tulip Lane and south of Mountain View Road (Va. Route #651), said
property being known as Stonebridge Park in the Vinton Magisterial District of the
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County of Roanoke, Virginia; and,
WHEREAS, the Town of Vinton requires the easement to extend sanitary
sewer service to existing and future residences in the general area, and initially to the
subdivision of Wolf Creek; and,
WHEREAS, the location of the proposed easement would not interfere
with organized activities at the Park and would have little or no impact on future use
and development of the Park; 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 Town of
Vinton and of the County of Roanoke.
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 February 11, 1997; and a
second reading was held on February 25,1997.
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
Town of Vinton for the provision of sanitary sewer service.
3. That donation of an underground easement, twenty feet (20') in
width, for sanitary sewer purposes across and through the properties known as
Stonebridge Park, the location being shown and designated as "NEW 20' SANITARY
SEWER EASEMENT" and "NEW SANITARY SEWER EASEMENT' upon the plat
showing 'New Sanitary Sewer Easement Being Granted To The Town Of Vinton By
Roanoke County Board Of Supervisors,' dated August 8, 1996, prepared by Lumsden
Associates, P.C., Engineers-Surveyors-Planners, is hereby authorized.
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. That this ordinance shall be effective on and from the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance with editorial
change suggested by Supervisor Eddy, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
CONSENT AGENDA
R-022597-8
February 25. 1997
199
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022597-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM L CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of Supervisors for
February 25,1997 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 Item 1,
as follows:
1 Approval of Minutes - January 14, 1997.
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, 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 Nickens: (1) He asked the Board if there was consensus to
move forward with legal action against the Moose Lodge. There was an affirmative
response from the other supervisors. (2) He asked that a letter of appreciation be sent
to Congressman Goodlatte for his efforts in retaining $75 million federal funds for
community action programs. Chairman Johnson asked Clerk Mary Allen to draft a
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February 25, 1997
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letter for his signature. (3) He asked for a vehicle count on Route 24 at Kroger and
Washington Avenue near Vinton Baptist Church. (4) He asked the staff to continue
looking at the speed limits on Bandy Road with 35 mph to the end, and considering 50
mph beyond that to its terminus. (5) Pertaining to School Board budget: (a) he asked
that staff look at 'out of district enrollment" and state funding for the past five years and
projections of costs and state funding if "out of district enrollment" is reduced; (b) costs
for year round schools and sources of funding for teachers; (c) how the School Board
could add 48 positions without budgeting for them. Chairman Johnson announced that
a joint work session will be held with the School Board at the March 11 and April 8
meetings, and that a joint meeting with the School Board and Blue Ribbon Commission
will be held on March 17, 1997.
Supervisor Eddy: (1) He was pleased to receive a report from Real
Estate Assessments showing that the number of appeals has dropped dramatically. (2)
He asked staff about the status of the joint health insurance. Diane Hyatt advised that
the deadline is January 1, 1998 for implementation. The current plan will go from July
1, 1997 to January 1, 1998. The Committee is putting together an RFP based on all
plans from the participating agencies. Supervisor Eddy asked for a brief summary from
staff on what will go out in RFP. (3) He asked if the County will consider the new 3-1-1
non emergency telephone number. Mr. Hodge responded that 9-1-1 in the County
does not receive much abuse and that additional staff would be needed for 3-1-1. (4)
He asked if questions about the Government Access channel and potential
February 25,1997
w
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programming could be included in the citizen survey. Mr. Hodge responded that
several questions will be included. Supervisor Eddy also requested a draft of the
survey before it is conducted. (5) He asked for an update on the Dixie Caverns Landfill
cleanup. Mr. Mahoney responded that the work is nearing completion. There will be a
final audit review with Roanoke Electric Steel and there is litigation with the other
PRP's. (6) He asked for a final report on the legislation from the recent General
Assembly session. Mr. Mahoney will provide a brief summary at the March 11, 1997
meeting.
Supervisor Minnix: (1) He asked about the meeting with the Blue Ribbon
Commission. Chairman Johnson advised that the meeting will be held on March 17 at
the Brambleton Center at 7:00 p.m. (2) He asked about Vinton citizens paying for their
decal without paying personal property taxes. Mr. Hodge advised that staffs from both
localities are looking at a better process but it will require computer changes.
Supervisor Harrison: (1) He advised that the forestry people are
checking on the logging operations in the Dry Hollow Road area. In response to a
question from Supervisor Minnix, Mr. Mahoney advised that an individual can cut any
trees he chooses on his own property as long as he meets any erosion and sediment
regulations (2) He advised that there will be an important basketball game between
George Wythe High School and Glenvar High School played this evening.
IN RE:
REPORTS
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February 25, 1997
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Supervisor Johnson moved to receive and file the following reports after
discussion of Item 5. The motion carried by a unanimous voice vote.
1.. General Fund Unappropriated Balance
2. CaDital Fund UnaDDroDriated Balance
~ Board Contingency Fund
4.. Accounts Paid - January 1997
~ ReDort on low band radio system for the Roanoke Valley.
Supervisor Eddy suggested that this item be discussed at the joint
meeting with Roanoke City Council on March 11, 1997
6. Acknowledgment from VDOT of chanaes to the Secondary
System in Januarv 1997.
7. Conveyance of property to Hanover Direct.
IN RE:
EXECUTIVE SESSION
At 5:30 p.m., Supervisor Minnix moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A. (3) disposition of publicly held
property; 2.1-344 A (3) acquisition or use of real property for public purposes; 2.1-344
A (5) discussion concerning a prospective business or industry; 2.1-344 A (7)
consultation with legal counsel, and briefing by staff pertaining to specific matters
requiring legal advice. The motion carried by the following recorded vote:
February 25, 1997
11J
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-022597-9
At 7:01 p.m., Supervisor Johnson moved to return to open session, and
to adopt the Certification Resolution. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022597-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote
and in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the Board of Supervisors of Roanoke County, Virginia, that such
executive meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
114
February 25, 1997
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INRE:
RECOGNITION
.1.. Certificate of Recoanition to Donald R. Wit! for being awarded
the Local Planning Official of the Year for 1996 by the Virginia
Chapter American Plannina Association.
Chairman Johnson presented the certificate to Mr. Witt.
Supervisor Minnix moved to award the Certificate of Recognition to Mr.
Witt. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
INRE:
BRIEFING
1... 1996 Annual Report from the Roanoke Valley Economic
Development Partnership. (Beth Doughty. Executive Director)
The briefing was presented by Beth Doughty. She reported that 33
prospects visited the region and 900 inquiries were filled by Partnership staff. Twelve
companies announced new and expanded locations with assistance from the
Partnership which represent $188 million in investment and 955 new jobs for residents.
Roanoke County benefitted by the creation of 320 jobs and $103 million total
investment.
February 25, 1997
115
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INRE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
1... Ordinance to rezone 11.05 acres from R-1 to R-3 to construct
90 residential condominiums. located on the south side of
Electric Road between McVittv Road and Electric Road.
Windsor Hills Magisterial District. upon the petition of Radford
& Comcany. (Terrv Harrington. Planning & Zoning Director)
Mr. Harrington advised that the primary concern with the Planning
Commission was road access from the development. There is a proposed single
access from Route 419, and staff did not want a median cut because of safety issues.
However, the median cut is no longer an option. The residents in the community did
not want access from McVitty Road. The Planning Commission recommended
approval.
Ed Natt, attorney representing Radford and Associates, was present. He
advised that the land is designated for mid/high residential development. Under the
proposed rezoning, 75% of the land will remain as green space with 25% building or
cement. The area in the floodway will not be graded, but the property will be graded
so that the tops of the building will be level with the neighborhood. He advised that the
petitioner will install a solid stockade fence if everyone in the community desires a
fence. He explained that the major question is access to Route 419, because: (1)
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February 25, 1997
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VDOT and staff did not want a median cut; (2) the neighbors do not want access from
McVitty Road; and (3) a frontage road to the library would not work because the
property is not for sale, and it could eliminate Library parking spaces.
Paul Bell, 2705 Hillbrook Drive S. W., requested denial of the petition
because Cresthill would be affected by water runoff from the development and because
the traffic is already so heavy on Route 419.
Supervisor Nickens asked whether VDOT could put up "No U-Turn" signs
before the project was complete. Mr. Harrington responded that VDOT will not install
the signs unless travelers start actually making the u-turns. All Board members
expressed concern about the use of u-turns on Route 419 for access to the
development. Supervisor Eddy suggested postponing a vote until the staff and
petitioner can look at alternatives and traffic flow.
Supervisor Eddy moved to close the public hearing and postpone a
decision until March 11, 1997, to allow the staff and petitioner to look at traffic flow and
access problems. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Ordinance authorizinq a Special Use Permit to allow a home
beauty shoo located at 6187 Bent Mountain Road. Windsor
Hills Magisterial District. upon the petition of Jean McDowell.
February 25, 1997
117
(Terry Harrington. Planning & Zoning Director)
0-022597-10
Mr. Harrington advised that VDOT will require a commercial entrance
permit for this land use, and site distance and safety will be considered in their
evaluation of the permit. He outlined the proposed conditions for the Special Use
Permit. The Planning Commission recommended approval. Ms. McDowell was
present to answer questions.
Supervisor Eddy moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 022797-10 GRANTING A SPECIAL USE PERMIT TO
JEAN MCDOWELL TO OPERATE A HOME BEAUTY SHOP AT 6187
BENT MOUNTAIN ROAD (TAX MAP NOS. 96.01-3-14 AND PART OF
96.01-3-36), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Jean McDowell has filed a petition to operate a home beauty
shop located at 6187 Bent Mountain Road (Tax Map No. 96.01-3-14 and part of 96.01-
3-36) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this
matter on February 4, 1997; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on December 17, 1996; the second reading and public
hearing on this matter was held on February 25, 1997.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to
Jean McDowell to operate a home beauty shop located at 6187 Bent Mountain Road
(Tax Map No. 96.01-3-14 and part of 96.01-3-36) in the Windsor Hills Magisterial
District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant
11S
February 25, 1997
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to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said
Special Use Permit is hereby approved with the following conditions:
(1) That Jean McDowell shall be the sole provider of hair care services
at this location and may only do so as long as she is a full time
resident of 6187 Bent Mountain Road;
(2) The salon shall be limited to one chair only;
(3) The retail sale of supplies shall be prohibited;
(4) This special use permit shall be for a period of one year and may
be renewed administratively for successive one-year periods
provided the applicant has complied with these conditions and the
use and design standards and zoning administrator has not
received written complaints from adjoining residents.
On motion of Supervisor Eddy to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
PUBLIC HEARINGS
1... Public Hearina and adoption of a resolution for Community
Development Block Grant application on behalf of Total Action
Aaainst Poverty (TAP) for Microenterprise Grant. (Tim Gubala.
Economic Development Director!
R-022597 -11
Mr. Gubala reported that Total Action Against Poverty is requesting that
Roanoke County participate with the City of Salem and other non-entitlement
communities in the 5th Planning District in a regional application requesting $160,000
of Virginia Community Development Block Grant funds to establish a microenterprise
loan program. This program would identify, train and assist low and moderate income
individuals to learn about business basics. Two public hearings were required and the
February 25, 1997
l19
first was held on February 11, 1997.
There were no citizens to speak.
Supervisor Johnson moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 022597-11 OF SUPPORT FOR A VIRGINIA COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION FROM TOTAL
ACTION AGAINST POVERTY (TAP) FOR A MICRO ENTERPRISE
GRANT
WHEREAS, Total Action Against Poverty (TAP) has requested that
Roanoke County participate in a regional application on its behalf for TAP's
Entrepreneur Training and Microenterprise Loan Program, and
WHEREAS, Roanoke County, the City of Salem, and other non-
entitlement communities in the 5th Planning District Commission, willingly joins in this
application and endorses a regional effort to enhance business startups for low and
moderate income persons, and
WHEREAS, Total Action Against Poverty is requesting $160,000 of loan
money which will be used toward creating two to five new businesses, of which 51 % of
the employees, will be low- to moderate-income; and
WHEREAS, Roanoke County has provided its citizens adequate
opportunities to participate in the development of this application by satisfying the
citizen participation requirements, including holding two public hearings on February 11
and 25, 1997 and has provided legal notice of these meetings, posted notices of the
Microenterprise Loan program to advertise its availability;
SO THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors supports Total Action Against Poverty's application for Virginia Community
Development Block Grant Funds for Microenterprise Loan Capitalization and
authorizes the County Administrator to execute all necessary grant application
documentation on its behalf and to make such assurances as may be necessary, all on
a form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
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February 25, 1997
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NAYS: None
2.. Public Hearina to elicit citizen comment for items to be
included in the budqet for the 1997-98 fiscal vear.
Mr. Hodge explained that this public hearing gave citizens an opportunity
to speak before the budget has been prepared. Another public hearing will be held
later in the budget process. The following citizens spoke:
.1. Liz Belcher 5998 Grandin Road Ext. requested funding for the
Greenways Coordinator. She presented information on the funding request.
2. Butch Kelly 8564 Gravel Hill Road. Catawba. VA 24070,
requested funding for the school system and funding for Greenways.
.a.. John Griener. 6734 Blacksburg Road, spoke on support for bicycle
accommodations such as mountable curbs, wider lanes that could include bikes, and
paved shoulders.
~ Charles Landis 5268 Glenvar Heights Blvd.. Salem expressed
concern about the total budget increase exceeding last year's budget by 8.7%.
~ Public Hearina on the "effective tax rate increase" as a result
of increased assessed value of real estate.
No citizens spoke on this issue.
4. Public Hearina to set the following tax rates:
5!.
To set a real estate tax rate of not more than $1.13 oer
-
February 25, 1997
12J.
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$100 assessed valuation.
.1. Don TerD. 5140 ADDletree Drive expressed concern about the
constant increase in real estate taxes. He suggested that the real estate tax rate be
decreased to $1.09.
2. Frances H Wilson 2049 Surrey Lane. also spoke in support of
reducing the real estate tax rate.
b. To set a oersonal orooertv tax rate of not more than
$3.50 per $100 assessed valuation.
No citizens spoke on this issue.
c. To set a machinery and tools tax rate of not more than
$3.00 per $100 assessed valuation.
No citizens spoke on this issue.
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
1. Terry Langford. representing Cave Spring Recreation Foundation,
expressed concern regarding the limited availability of fields and gyms for youth sports.
She requested that the Board and staff look for solutions to the problem.
IN RE;
WORK SESSION (8:45 P.M. TO 9:40 P.M.)
1... Budget Work Session
There was discussion on funding issues and contingencies that should be
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February 25, 1997
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considered during the budget process, including known increasesldecreases, special
issues and contingencies.
Known increasesldecreases included increased debt
service for school projects ($140,000), increased tipping fees ($74,000), VRS increases
for County and Schools ($750,000), PayrolllHuman Resource System, Year 2000
project ($150,000), and BPOL revenue loss ($75,000).
Issues to consider are
reserving revenue for future school capital ($1 million), Economic Development ($1
Million), and salary increases for County and school employees. Other contingencies
were health insurance increases ($110,000), and possible loss of state grant for Youth
Haven II ($200,000 to $300,000)
Supervisor Nickens asked for figures comparing the national teacher
average versus the regional average. Supervisor Johnson asked for information
regarding the projected School Board retirements based on historical data.
INRE;
ADJOURNMENT
At 9:40 p.m., Chairman Johnson declared the meeting adjourned to 12:00
Noon, Tuesday, March 11, 1997, at the Roanoke County Administration Center for the
purpose of a joint meeting with the Roanoke City Council.
Submitted by,
Approved by,
~ fi/. O./--I...Iz..IL
Mary H. Allen,CMC
Clerk to the Board