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HomeMy WebLinkAbout5/13/1997 - Regular ~ May 13, 1997 275 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 13,1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of May, 1997. N RE: 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 INRE: OPENING CEREMONIES The invocation was given by Dr. Michael Nevling, Colonial Avenue Presbyterian Church. The Pledge of Allegiance was recited by all present. 276 May 13, 1997 - INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested that the second reading of the ordinance amending and reenacting the Roanoke County Code regarding criminal history record information for applicants be postponed because the Attorney General's Office has advised that they want to review the ordinance for consistency. Mr. Mahoney added an Executive Session Item pursuant to 2.1-344 A (5) location of a prospective business or industry. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Proclamation declaring the month of May. 1997 as Virginia Heritaae Tourism Week in Roanoke County. Chairman Johnson presented the proclamation to Dr. John Kern, Director of the Preservation Office, and Ms. Joyce Waugh, Economic Development Specialist. Ms. Waugh presented a merit award to the County for their regional cooperation in establishing the Roanoke Valley Greenway. Supervisor Minnix moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~. May 13, 1997 277 - - 2.. Proclamation declarin9 May 18 - 24. 1997 as Emergency Medical Services Week in Roanoke County. Chairman Johnson presented the proclamation to Richard Burch, Fire & Rescue Chief, and Career and Volunteer members of Fire & Rescue. Supervisor Eddy moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: NEW BUSINESS 1.. Reauest for authorization to enter into a contract for County- wide drop-off recyclina. (William Rand. General Services Director) A-051397-1 Mr. Rand reported that in October 1987, Roanoke County began a pilot program to study curbside collection of recyclables. In 1989, the program was expanded into another area of the county. The participation rate for this program has averaged between 25-35%. In the early 1990's, the County began automated commingled collection. Participation has ranged from 70% to 80%. The cost for 1995/96 was $81,370. At the March 25 work session, the Board was presented with three options: (1) commingled recycling to the entire county at a cost of $1.14 million in capital and 278 May 13,1997 , - $220,200 in operating costs; (2) expansion of source separation to the entire County at a cost of $.8 million in capital and $181,000 in operating costs; or (3) privatization of County- wide drop-off centers through the Request for Proposal (RFP) process at an annual estimated cost of $85,000. The consensus of the Board at the work session was to pursue privatization. At the April 8 meeting, staff was directed to advertise a Request for Proposal that would include curbside source separated collection, drop-off centers, and any other options that may be available. Proposals were received from two companies, neither of which offered a curbside option. Mr. Rand advised that staff recommends continuing negotiations for recycling services with drop-off centers and that $50,000 be allocated to the 1997/98 budget for the program. A final contract will be brought back to the Board for approval. In response to questions, Mr. Rand advised there would be six or seven drop off centers throughout the County; that cleanup of the property would be included in the negotiations; and that residents would be able to keep their bins from the pilot program, but the carts would be collected and reissued to people for use as a regular trash container. Supervisor Johnson moved to approve the drop-off recycling program and the $50,000 funding. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy ~ May 13, 1997 279 2.. Reauest for approval of a Countv-State aareement with the Virainia Department of Transportation for industrial access relating to Valley Gateway. (Timothy Gubala. Economic DeveloDment Director) R-051397-2 Mr. Gubala reported that the VDOT Commonwealth Transportation Board approved the County's request for industrial access road funds on February 20, 1997. Staff is preparing the road plans, in accordance with VDOT standards, and road construction is scheduled to begin in July 1997 and to be completed in late 1997. Mr. Gubala requested that the County Administrator be authorized to execute a County-State Agreement with VDOT for the industrial access road in Valley Gateway. Supervisor Johnson moved to adopt the resolution with paragraph 8 corrected as Supervisor Eddy suggested. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 051397-2 FOR APPROVAL OF COUNTY-STATE AGREEMENT FOR INDUSTRIAL ACCESS RELATING TO VALLEY GATEWAY WHEREAS, Title 33.1-221, Code of Virginia, provides for the availability of state industrial access funds for implementing approved improvements to public streets to enhance and promote industrial development and continued public safety along public streets; and 280 May 13, 1997 - WHEREAS, Roanoke County is desirous of developing Valley Gateway for the purpose of job creation for the citizens of the Roanoke Valley; and WHEREAS, Roanoke County, Fralin & Waldron, and the Greater Roanoke Valley Development Foundation have entered into a multi-party agreement for the development of Valley Gateway, including the construction of an industrial shell building; and WHEREAS, the Commonwealth Transportation Board approved $200,000 for the purpose of constructing an industrial access road at Valley Gateway; and WHEREAS, Roanoke County will cause to construct an industrial road of 0.18 miles in length; and WHEREAS, Roanoke County agrees to reimburse the Virginia Department of Transportation (VDOT) for expenses over $200,000; and WHEREAS, Roanoke County agrees to the contingencies outlined in the County-State Agreement for Valley Gateway and referred to as Project #0757-080- 296,M501 by VDOT. - NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby authorize Roanoke County to enter into the County-State Agreement for Valley Gateway and authorizes the County Administrator to sign said agreement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Requestforfunding for additional grading for R. R. Donnelley at Valley TechPark. (Brian Duncan. Assistant Economic DeveloDment Director) A-051397-3 Mr. Duncan advised that R. R. Donnelley and Sons has completed Phase I of its book manufacturing facility at Valley TechPark. As part of the project, Roanoke County offered an incentive package estimated at $2.5 million. The County identified a variety of éost-saving measures resulting in a savings of $982,813. Donnelley has ~ May 13, 1997 281 requested that Roanoke County use these savings to start on the second part of the incentive package. T. P. Parker and Sons has prepared a grading plan for the rear portion of the site at a total cost of $731,600, and the bid expires soon. Mr. Duncan advised there are several advantages to proceeding at this time with the grading and requested $731,600 from the economic development account to proceed. Supervisor Eddy announced that he would oppose this request because he did not feel it was sound use of public funds. Supervisor Harrison moved to approve $731,000 funding. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy ~ Request for $100.000 advance fundina to construct the neighborhood park in Mayflower Hills. (Jovce Wauah. Economic Development Specialist) A-051397-4 Ms. Waugh explained that on January 14,1997, Roanoke County requested funding from the Roanoke Valley Resource Authority for a neighborhood park in the Mayflower Hills Community. The resolution stated that Roanoke County Parks and Recreation would be responsible for design and construction of the neighborhood park. On March 17, the Resource Authority notified Roanoke County that consent letters had 282 May 13,1997 been received from all participating localities to approve a one-time grant up to $100,000 - = to Roanoke County for construction of the park. To proceed with construction, advance funds of $100,000 are needed which will be reimbursed in the form of a grant from the Resource Authority. Staff recommended that the Board approve funding of $100,000 from the Unappropriated Capital Fund balance and that staff notify the Resource Authority when construction of the park is completed and request payment of the grant. Supervisor Eddy asked that staff provide information on cost estimates to maintain the park. Supervisor Nickens moved to approve $100,000 in advance funding from the Unappropriated Capital Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Request to apDrove the Parks and Recreation Public Use Manual for SDorts organizations and community users. (Debbie Pitts. Parks and Recreation Director) A-051397-5 Ms. Pitts reported that on July 9, 1996, the Board reviewed the Parks and Recreation Public Use Manual in a work session. They directed staff to determine if general liability insurance and directors' insurance was necessary, and also requested that the manual be reviewed by the School Administration. The manual establishes the level ~ May 13,1997 283 - of services and provides a framework for the management of the department's facilities. Ms. Pitts advised that Section IV of the manual provides that all sanctioned organizations must provide general liability and directors' insurance. The County Attorney strongly recommends that the policy require sports organizations to have this insurance. The Risk Manager advised that there is no insurance available from the County for this because the County is self-insured. Currently, seven of the ten recreation clubs have some type of liability insurance and another two have expressed interest in obtaining it. There was a lengthy discussion on whether the County could be involved in any litigation if an organization had no insurance. Mr. Mahoney responded that there was no exposure. An individual could still file a claim, but it would have to go through the organization first, before going to the County. Supervisor Nickens moved to approve the manual with the incorporation in the manual of Mr. Hodge's comment "if user chooses to operate without liability insurance, this is a decision that can be made by each user." Supervisor Eddy offered an amended motion to approve the manual with all references to insurance deleted and addressed at a later time. The motion was defeated by the following recorded vote: AYES: Supervisor Eddy NAYS: Supervisors Minnix, Harrison, Nickens, Johnson Supervisor Nickens' original motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson 284 May 13, 1997 NAYS: None ABSTAIN: Supervisor Eddy = §. Request for approval of Health Insurance Contract for School and Countv emDloyees. (Diane Hyatt. Finance Director) A-051397-6 Ms. Hyatt reported that based on claims experience, renewal rates from Trigon Blue Cross-Blue Shield could have increased 30%. However, last year's renewal included a cap that limited this year's increase to 8%. Staff is recommending that a portion of this 8% be passed along to the employees. There are also some changes in the tiers. The County employee will pay 15% of the single comprehensive plan premium, 40% of the single plus dependent plan premium, and 40% of the family plan premium. Ms. Hyatt also reported that the County is participating with other Valley jurisdictions and agencies in receiving bids for a possible joint health insurance program to begin January 1, 1998. Following discussion, Supervisor Johnson moved to approve health insurance contract. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy 1... Request for approval of Dental Insurance Contracts for School ~ May 13, 1997 285 - and County EmDloyees (Diane Hyatt. Finance Director) A-051397 -7 Ms. Hyatt advised that last year during the renewal process, the retirees premium was segregated and increased to reflect their high claims experience. The current year renewal reflects a 27.5% increase for retirees and a 7.4% decrease for active employees. The decrease in the premiums will result in a savings of $30,000 and staff recommends that the savings be placed in the Employee Suggestion Program. Supervisor Nickens moved to approve the dental insurance contract with the $30,000 savings appropriated to the general fund unappropriated balance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens NAYS: Supervisor Johnson 8. Request to approoriate reserve for future School Capital. (Diane Hyatt. Finance Director) A-051397-8 Ms. Hyatt advised that the 1996-97 Debt Fund budget contains $670,000 in funds that will not need to be expended during the current fiscal year. They include: (1) $365,000 for temporary borrowing for a potential bond issue for a new South County school; (2) $230,000 set aside for future debt payments; and (3) $75,000 interest expense on the Cave Spring Junior High Literary Loan. 286 May 13, 1997 - - Ms. Hyatt recommended that the Board establish a reserve for future School capital needs and designate $670,000 of the savings into this reserve. Supervisor Nickens moved to approve a $670,000 reserve for school capital. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .!l. Request to consider claim from Adrian R. Ottaway and Mary H. Ottaway. (Paul Mahoney. County Attorney) A-051397-9 Mr. Mahoney advised that this claim is filed on behalf of Adrian R. Ottaway and Mary H. Ottaway in the amount of $275,000 for the alleged improper and negligent building inspection of 7730 Old Mill Forest Drive. Mr. Mahoney explained that the house passed all standard inspections before a certificate of occupancy was issued on August 12, 1993. Many re-inspections were made due to failure to meet code, and items were built up to code standards before final approval. Staff has made over 30 site visits after the certificate of occupancy was issued in an attempt to resolve these problems. Mr. Mahoney explained that their relief should be from their contractor and not the County taxpayers, and recommended denial of the claim so it can move forward through the courts. Supervisor Johnson moved to deny the claim. The motion carried by the following recorded vote: May 13,1997 287 AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None 10 Preliminary approval of citizens' reauests to file a complaint with the F.C.C. to review increase in cable programming services rates of Cox Communications. (Joseph Obenshain. Sr. Assistant County Attorney) A-051397-10 Mr. Mahoney advised that Roanoke County has received 12 complaints from citizens requesting a review of the intentions of Cox Communications Roanoke, Inc. to increase the rates for its cable programming services (CPS) effective March 1, 1997. Roanoke County, as the franchising authorizing, must make an initial determination that not more than 90 days have elapsed from the date the rate increase went into effect until the subscriber complaints were received, and that such rate increase pertains to the CPS tier. These criteria appear to be satisfied. If the County intends to submit a complaint to the FCC, it must first send a written notice including a draft FCC form 329. Staff recommends sending the draft form 329 and requesting a response by certified mail within 45 days. Supervisor Eddy moved to approve sending draft form 329 to Cox Communications. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison NAYS: Supervisors Nickens, Johnson 288 May 13, 1997 INRE: 1997/98 BUDGET ITEMS 1.. Resolution adopting the fiscal ve8r 1997/98 School Board Budget. (Dr. Deanna Gordon. School Superintendent) R-051397 -11 Dr. Gordon and School Board Chairman Michael Stovall were present to answer questions. Mr. Stovall indicated he wished to rebut comments made by two citizens who spoke in April about children with special needs and the lack of funding and equipment provided by the County Schools. Mr. Stovall presented budget figures on what the Schools will spend on special education. Dr. Gordon thanked the Board of Supervisors for their support of schools and advised that there was no use of non-recurring revenue in the budget as the Board had requested. There was a discussion on the merits of joint use of the Internet system by both the School System and County. Supervisor Minnix moved to approve the School Board budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 051397-11 APPROVING THE FISCAL YEAR 1997-98 BUDGET FOR THE COUNTY SCHOOL BOARD FOR ROANOKE COUNTY, VIRGINIA ~, May 13, 1997 289 - WHEREAS, Section 22.1-93 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget for educational purposes; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1997- 98 for the educational purposes of the County School Board for Roanoke County, Virginia, as follows: - FY 1996-97 FY 1997-98 FUND School Operating Fund $79,912,607 $83,928,863 Cafeteria Fund 3,017,000 3,195,000 Grants Fund 1,498,253 1,661,603 Textbook Fund 814,526 914,822 TOTAL $85,242,386 $89,700,288 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. 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 2.. Resolution adooting the Capitarlmprovements Program (CIP) for fiscal vears 1998-2002. (Brent Robertson. Budget Manager) R-051397-12 Mr. Robertson advised that the proposed CIP for 1998-2002 was submitted for the Board of Supervisors' review and discussion at several work session!;, and a separate work session to discuss the Utility CIP. The proposed CIP represents an 290 May 13,1997 - = inventory of the County's capital requirements for the next five years and the projects had been ranked. $1.4 million of the CIP has been funded and $1.2 million in the Utility CIP has been funded. Supervisor Eddy advised he felt the CIP was a "wish list" and not realistic. He asked if the West County business park was included. Mr. Robertson responded that this was a sensitive economic development project and not included. Supervisor Eddy asked if the Planning Commission had reviewed the document. Mr. Robertson advised that the Planning Commission was no longer a part of the process. Chairman Johnson asked Mr. Mahoney to check the State Code on whether the Planning Commission must review the CIP. Supervisors Eddy and Nickens asked that the CIP be brought back in September to review again and also requested information on how the projects were ranked. Supervisor Nickens moved to approve the CIP. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy RESOLUTION 051397-12 ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR FY 1998-2002 FOR ROANOKE COUNTY WHEREAS, the County Administration has developed a capital improvements program to be used as a management and budget tool to assist County staff and the Board of Supervisors in addressing the capital needs of our community; and WHEREAS, the Board of Supervisors has held several work sessions with County staff on this capital improvements program; and WHEREAS, a public hearing on the adoption of this capital improvements program was held on Aoril 22 1997 to secure the comments of the citizens after publication of notice as required by law. -- May 13,1997 291 - NOW THEREFORE be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County capital improvements program for FY 1998-2002 is hereby adopted and approved. 2. That this capital improvements program shall not be considered a portion of the Roanoke County Comprehensive Plan. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy ~ Resolution approvina the fiscal vear 1997/98 budget for Roanoke County. (Brent Robertson. Budget Manager) R-051397-13 Mr. Robertson reported that the resolution is detailed by fund and includes unappropriated balances for the General Government, Capitàl, Water and Sewer Funds. The School budget is also included. The proposed budget was submitted to the Board on April 8 and a public hearing was held on April 22. Mr. Robertson pointed out that discussion and direction from the Board of several items could cause some figures to change, but the total County budget would not change. There was discussion on the Virginia Western Community College site construction, part-time employees for Fire and Rescue, Youth Haven II funding, Fire and Rescue equipment, emergency medical dispatchers, low band radio system on the Blue Ridge Parkway, and expansion of CORTRAN. Mr. Hodge advised that he is working with the Chiefs Board on equipment replacement, that he would bring back a report on emergency medical dispatchers, and would have more details on expansion of CORTRAN by the second reading, and that the low band radio system on the Blue Ridge Parkway 292 May 13, 1997 = should be discussed at the next joint meeting with Roanoke City Council. Consensus of the Board was reached on funding for Julian Wise Museum ($25,000), Adult Care Center ($8,000 reduction), Virginia Western Community College site improvements (22.8% of the cost). Supervisor Nickens requested that the budget include a notation that funding for Youth Haven II is for six months only. Supervisor Eddy asked if there was a conflict of interest for him to vote on the budget because he was involved in the VWCC site construction project. Mr. Mahoney advised that there was no conflict because he was voting on the entire budget. Supervisor Johnson moved to approve the 1997/98 budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 051397-13 APPROVING THE FISCAL YEAR 1997-98 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.160 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.1-162 of the State Code, and the public hearing as required thereon was held on April 22, 1997. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1997- 98 for Roanoke County, Virginia, as follows: -, May 13,1997 293 - - Adopted FY 1997-98 PrQPosed Expendimres General Fund: General Government: General Administration $ 2,256,866 Constitutional Officers . 6,413,215 Judicial Administration 530,095 Management Services 1,936,202 Public Safety 11,099,744 Community Services 8,247,044 Human Services 9,441,365 Non-Departmental 3,166,537 Transfers to School Operating Fund 45,517,498 Transfers to DebtService Fund 6,193,037 Transfer to Intemal Services 880,826 Transfer to Comprehensive Services 654,840 Transfer to Capital 2,634,500 Other 293,000 General Government 99,264,769 Youth Haven II 427,646 Law Library 41,980 Recreation Fee Class 726,369 Comprehensive Services Act 1,451,110 Internal Services 1,768,837 Garage IT 283,794 Total General Fund 103,964,505 Debt Service Fund 9,408,677 Capital Proj ects. Funa 2,634,500 Internal Service Fund 880,826 Water Fund 11,489,461 Sewer Fund 5,684,703 Unappropriated ,!Jalance 1,278,009 6,962,712 School Operating Fund 83,928,863 School Cafeteria Fund. 3,195,000 School Grants Fund 1,661,603 School Textbook Fund 914,822 . Total Expenditures All Funds 225,040,969 Less: Transfers . (64,911,'614) Total Net of Transfers . .. $ 160,129,355 294 May 13,1997 - = Adopted FY 1997-98 Revënue Estimates General Fund: General Gove=ent: General Property Taxes Other Local Taxes Pennits, Fees & Licenses Fines and Forfeitures Charges for Services Commonwealth Federal Other Tota! General Government Sewer Fund School Ope,ating Fund School Cafeteria Fund School Qrants Fund School TêidbÕok:!"und ~ . $ 67,920,870 20,608,000 691,000 500,000 269,000 6,054,308 1,827,873 1,393,718 $ 99,264,769 427,646 41,980 726,369 1,451,110 1,768,837 283,794 103,964,505 9,408,677 2,634,500 880,826 11,190,011 299,450 11,489,461 6,962,712 83,928,863 3,195,000 1,661,603 914,822 225,040,969 (64,911,614) $ 160.129.355 Youth Haven II Law Library Recreation Fee Class Comprehensive Services Internal Services Garage II Total General Fund Debt Service Fund Capital Projects Fund Internal Service Fund Water Fund Beginning Balance Tota! Revenues All F~ds Less: Transfers Tota! Net of Trwfers -', May 13,1997 295 - - Adopted FY 1997·98 In addition. to the above revenues. and expenditures, the following beginning bal,ances will be appropnated to the Unappropnated Balances of the reĊ pective funds: ~ General Fund Capital ProjeCts Fund Water Fund Sewer Fund $ 9,500,000 $ 1,000,000 $ 1,883,446 $ 2,789,689 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: . AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 4. First reading of ordinance aopropriatina the funds for the fiscal year 1997/98 budaet. (Brent Robertson. Budget Manager) Mr. Robertson reported that this year's ordinance includes projected Fund Balances which were not included in prior ordinances. The total County budget is $225,040,969, and includes all interfund and intrafund transfers. The budget net of transfers is $160,129,355. Staff recommends approval of the Budget Appropriation Ordinance and the 1997-98 Employee Classification Plan. Supervisor Johnson moved to approve the first reading and set the second reading for May 27, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 296 May 13,1997 I INRE: FIRST READING OF ORDINANCES 1. Ordinance authorizing chanae in desianation of grantee of cable television franchise from Cox Communications Roanoke. Inc. To CoxCom. Inc. (Joseph Obenshain. Sr. Assistant County Attomev) Mr. Mahoney advised that Cox Communications Roanoke is a subsidiary of Cox Communications, Inc. of Atlanta, GA., and was the owner and franchisee of cable systems solely in Roanoke City, Roanoke County and the Town of Vinton. As of April 11 , 1997, Cox Communications has merged this subsidiary into another wholly owned subsidiary, CoxCom, Inc. which is the franchisee of a number of Cox cable systems. Mr. Mahoney explained that the only thing that will change is the name of the franchisee. Supervisor Nickens moved to approve the first reading and set the second reading for May 27, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Ordinance approvinÇl the exercise of an option to purchase aareement with James C. Epperly and Arline B. Epperly for 0.50 acre and authorizing assignment of the contract to the Industrial Development Authority in connection with the Kroger Proiect. (Timothv Gubala. Economic Develooment Director) ~ May 13, 1997 297 - - Mr. Gubala reported that Roanoke County is assisting the Kroger Company with an expansion of their Mid Atlantic Distribution Facility in the Glenvar area. James C. and Arline B. Epperly own a 0.50 acre tract upon which Kroger proposes to locate a portion of their new Vehicle Maintenance Facility. Staff has negotiated a purchase price of $25,000 and will pay the Epperly's $3,000 for replacement of a private well. Staff has also obtained an environmental assessment of the property which shows that there are no environmental hazards present on the property that require mitigation or cleanup. Mr. Gubala requested that the Board adopt the proposed ordinance and authorize assignment of the contract to the Industrial Development Authority for conveyance to the Kroger Company. Supervisor Harrison moved to approve the first reading and set the second reading for May 27,1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance authorizing the acquisition of a 17.825 acre parcel of real estate in coniunction with the cleanup of the Dixie Caverns Landfill. (George Simoson. Assistant Director of Engineerina & Inspections) Mr. Simpson reported that the Dixie Caverns Landfill was operated by Roanoke County from 1965 to 1976. During the operation, municipal waste was 298 May 13,1997 = inadvertently buried on the adjacent property owned by Atlas Explosives (Now ICI Explosives USA Inc.). Staff has been negotiating to acquire the property from ICI to establish an appropriate buffer from municipal waste-filled area to any property boundary and out of concern of potential liability that could result from current or future owners due to the buried waste and accompanying leachate flows within the site. Funds in the amount of $9,800 are available in the Dixie Caverns cleanup account to acquire the property. Staff recommended that the Board adopt the ordinance and purchase the site. Supervisor Harrison moved to approve the first reading and set the second reading for May 27, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ Ordinance authorizing the acquisition of aooroximately 34 acres of real estate for ridae line protection. (Paul Mahoney. County Attorney) Mr. Mahoney reported that this ordinance authorizes the acquisition of approximately 34 acres of real estate on Green Ridge, in order to protect and preserve a portion of the ridge line and viewshed. The County has been approached by an anonymous donor with a proposal for the donation of private funds for the purpose of preserving and protecting ridge lines and viewsheds in the County. Mr. Mahoney explained that the Board is also being requested to adopt Policy Guidelines at second reading of the ordinance which are intended to provide - May 13, 1997 299 - - direction to the Board and to the public in the acceptance and use of donations of environmentally sensitive properties. In addition, the Board should authorize the County Administrator to execute an agreement with the anonymous donor to limit the future use of this real estate to ridge line and viewshed protection; limited passive, recreational use; and preventing any future high intensity uses or development. Mr. Mahoney advised that there are transaction costs associated with the donation that should not exceed $5,000. He recommended appropriation of the funds from the Board Contingency Fund. Supervisor Eddy asked if the Planning Commission should review the ordinance and guidelines. Mr. Mahoney advised he would ask them to review them on May 20, prior to second reading. Supervisor Minnix moved to approve the first reading and set the second reading for May 27,1997. 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 amendina and reenacting Section 2-17 Dissemination of criminal history record information of apolicants for public emplovment. permit or license of Article II. Organizational Structure of County Administration of Chapter 2 of the Roanoke 300 May 13, 1997 = Countv Code. (Joseph Obenshain. Sr. Assistant County Attorney) Chairman Johnson announced that this had been postponed because of letter received from Attorney General requesting a review of the ordinance for consistency. IN RE: APPOINTMENTS 1.. Clean Valley Council Supervisor Eddy agreed to serve another term as Board Liaison. His term will expire June 30, 1999. 1. Community Policv and Management team Supervisor Eddy recommended confirmation of appointment of Claudia Johnson, Parent Representative, for a three year term, expiring June 30, 2000. 3. Fifth Planning District Commission Supervisor Eddy nominated Charles S. Garrett for a three year term as citizen representative. His term will expire June 30, 2000. ~ Parks and Recreation Advisorv Commission Supervisor Eddy nominated Paul Bailey, Windsor Hills Magisterial District, to another three year term which will expire June 30, 2000. ~ National Association of Counties Conference Supervisor Minnix nominated Alfred C. Anderson, Treasurer, to serve as the County representative at the NACo Conference. Confirmation of this designation will be ~ May 13,1997 301 - - placed on the May 27, 1997 Consent Agenda. INRE: CONSENT AGENDA R-051397-14. R-05139714.h: R-051397-14.1 Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 051397-14 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 13, 1997 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 13, inclusive, as follows: 1. Approval of Minutes - March 25, 1997 2. Appropriation of state funds for public assistance for the Department of Social Services. 3. Acceptance and appropriation of grant from Roanoke Valley Resource Authority for recycling program. 4. Acceptance of water facilities serving Wayburn Drive Extension. 5. Acceptance of water and sewer facilities serving Summerfield, Section III. 302 May 13, 1997 - 6. Acceptance of water and sanitary sewer facIlities serving Summerfield, Section IV. - 7. Request from School Board for appropriation of $7,250 grant to the School Grant Fund for Artists-in-Education residency program. 8. Appropriation of funds for additional position and office equipment for the Clerk of Circuit Court funded by the State Compensation Board. 9. Request for Acceptance of Kellington Court and a portion of Bloomfield Avenue into the Virginia Department of Transportation Secondary System. 10. Acceptance of a portion of Warwood Drive into the Virginia Department of Transportation Secondary System. 11. Donation of a public access trail and greenway easement from Cresthill Drive to Garst Mill Park by James O. Roberson. 12. Donation of a sanitary sewer easement from the Trustees of Saint John Evangelical Lutheran Church and conveyance of easement rights by John A. Moses. 13. Request to the Planning Commission to evaluate the Zoning Ordinance as it relates to restriction on front yard fences in R-1 zoning. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 051397-14.h REQUESTING ACCEPTANCE OF KELLlNGTON COURT AND A PORTION OF BLOOMFIELD AVENUE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and - May 13, 1997 303 - WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements establíshed by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Nickens None Required Supervisors Eddy. Harrison. Minnix. Nickens. Johnson MQm ~ RESOLUTION 051397-14.1 REQUESTING ACCEPTANCE OF A PORTION OF WARWOOD DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, 'are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: SUDervisor Nickens None Required 304 May 13, 1997 Yeas: Nays: Absent: Supervisors Eddy, Hamson MinniX, Nickens. Johnson ~ ~ = INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Minnix: (1) He requested a meeting with Terry Harrington and Mr. Hodge to discuss a noise problem near an industrial park related to the stump grinding operation. He would like to amend the noise ordinance. Suoervisor Harrison: (1) He reminded the public about the Civil War Reenactment to be held at Green Hill Park on May 17 and 18. (2) He announced the opening of a temporary tax office at the Kessler Mill facility. (3) He advised that he had received compliments from citizens on Ingals Boulevard regarding Gary Robertson and his staff while they were working on sewers in the area. (4) He noted that there was a Charleston newspaper editorial that disagreed with the legal actions taken recently regarding the Kroger relocation to Roanoke County. Suoervisor Nickens: (1) He advised that there was a newspaper article from Toledo about a computer assisted scheduler for a special transit bus. He asked John Chambliss to review. (2) He suggested that the County establish a focus group of citizens to look at the special needs of the handicapped and elderly residents. Suoervisor Eddy: (1) He attended the press conference of the Roanoke Valley Convention and Visitors Bureau, and the Golden Star award was presented to Wayne Strickland. (2) He asked about the citizens survey. Ms Green advised that comments have been received from the Board members and that the draft will be finalized May 13, 1997 305 - shortly. (3) He noted that there was an article in the newspaper stating that U. S. Cellular Corp will be placing antennae on power line towers in the future. Mr. Mahoney advised that it is doubtful that this will have an impact on the litigation against the County. (4) He also noted that another newspaper article stated that a federal court in Baltimore upheld an ordinance prohibiting smoking ads aimed at young people. Mr. Mahoney responded that he would get more information. (5) He asked for an update on the Blue Ribbon Committee implementation efforts. Chairman Johnson advised that he and Mr. Hodge met with Dr. Gordon and School Board Chair Mike Stovall and they have begun the process. They will attend another meeting later in the week. (6) He advised that at the Volunteerism Conference held in Philadelphia, corporations were asked to allow employees time off to volunteer and he asked if there is a similar policy in the County. Mr. Hodge responded that the County has no policy but he would be willing to look at the possibility. There was no consensus to consider this. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1... General Fund Unaporopriated Balance. .z.. Capital Fund Unaopropriated Balance. 1.. Board Contingencv Fund. ~ Accounts Paid - March 1997 306 May 13, 1997 ~ Statement of Treasurer's Accountability per Investments and Portfolio Policy. as of Aoril30. 1997. §. Update on County and School Board Lease Purchases b INRE: EXECUTIVE SESSION At 5:50 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A.(7) consultation with legal counsel and briefings by staff pertaining to actual or probable litigation or other specific legal matter: Agreement with Town of Vinton; litigation - Country East LLC; probable litigation - Shenandoah Homes Retirement Village; 2.1-344 A (5) discussion of location of a potential business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-051397-15 At 6:45 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None May 13, 1997 307 - RESOLUTION 051397-15 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 INRE: OTHER BUSINESS 1.. Reconsideration of request of Shenandoah Homes Retirement Villages to rezone 17.5 acres from R-3 to C-2 and obtain a Soecial Use Permit to construct a home for adults. Supervisor Nickens moved to reconsider action taken on April 22, 1997 to deny the Special Use Permit and rezoning request of Shenandoah Homes Retirement Village. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 308 May 13,1997 I he l"'ubllC Hearing was scneaulea Tor June 14, 189,. = = IN RE: ADJOURNMENT At 6:48 p.m., Chairman Johnson moved to adjourn. The motion carried by a unanimous voice vote. Submitted by, Approved by, ~fi.~ Mary H. Allen, CMC Clerk to the Board ~~ ob L. Johnso Chairman