HomeMy WebLinkAbout5/13/1997 - Regular
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May 13, 1997
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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.
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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
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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)
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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
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$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
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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)
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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
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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.
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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)
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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
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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)
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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
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May 13,1997
been received from all participating localities to approve a one-time grant up to $100,000
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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)
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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
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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
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NAYS: None
ABSTAIN: Supervisor Eddy
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§. Request for approval of Health Insurance Contract for School
and Countv emDloyees. (Diane Hyatt. Finance Director)
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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
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and County EmDloyees (Diane Hyatt. Finance Director)
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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.
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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:
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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)
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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
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INRE:
1997/98 BUDGET ITEMS
1.. Resolution adopting the fiscal ve8r 1997/98 School Board
Budget. (Dr. Deanna Gordon. School Superintendent)
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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
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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:
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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)
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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
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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.
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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)
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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
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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:
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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
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Total Expenditures All Funds 225,040,969
Less: Transfers . (64,911,'614)
Total Net of Transfers . .. $ 160,129,355
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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
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. $ 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
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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
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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)
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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
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May 13,1997
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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
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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
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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
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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.
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6.
Acceptance of water and sanitary sewer facIlities serving
Summerfield, Section IV.
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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
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303
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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
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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
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May 13, 1997
Yeas:
Nays:
Absent:
Supervisors Eddy, Hamson MinniX, Nickens. Johnson
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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
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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
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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
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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
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May 13,1997
I he l"'ubllC Hearing was scneaulea Tor June 14, 189,.
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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
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ob L. Johnso
Chairman