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HomeMy WebLinkAbout5/27/1997 - Regular ~ May 27,1997 309 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 ~',. May 27, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. '··Spike" Harrison (Arrived 7:00 p.m.), H. Odell "Fuzzy" Minnix (Arrived 3:30 p.m.) MEMBERS ABSENT: Supervisor Fenton F. "Spike" Harrison (Absent at 3:00 p.m. Meeting; Arrived 7:00 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: MEMORY OF THE LATE JOSEPH L. BUSH, JR. Chairman Johnson asked for a moment of silence to be observed in memory of Joseph L. Bush, Jr., member of the Vinton Town Council. 310 May 27,1997 - - INRE: OPENING CEREMONIES The invocation was given by the Reverend Thomas F. Stocks, Rosalind Hills Baptist Church. The Pledge of Allegiance was recited by all present. ........" ,.' .~.. INRE: BOARD MEMBER ABSENCES Chairman Johnson advised that Supervisor Harrison was absent from the meeting because of a prior commitment as coach of the Glenvar High School Girls Softball Team, but he will attend the evening session. Chairman Johnson also advised that Supervisor Minnix would arrive later in the meeting because he was attending two funerals. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added two items to the 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 litigation, Country East LLC; and Ohio State Cellular. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation declarina the week of June 2 - 6.1997 as Habitat for Humanitv Week in Roanoke County. Chairman Johnson presented the proclamation to Sandy Light, Habitat for Humanity Board Member. ~ May 27,1997 311 - - Supervisor Eddy moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Johnson ., NAYS: None ABSENT: Supervisors Minnix, Harrison 2. Recoanition of emplovees and volunteer of Roanoke County Police Department for receivina awards of meritorious services in 1996/97. !!:. Detective D. J. Herrick. named Officer of the Year bv the Salem-Roanoke County Chamber of Commerce. Chairman Johnson presented the Certificate of Recognition to Detective Herrick. b. Chaplain Thomas F. Stocks. recipient of the Distinauished Service Award bv the Roanoke Vallev Mental Health Association. Chairman Johnson presented the Certificate of Recognition to Chaplain Stocks. £:. Officer Richard M. Poindexter.Jr.. recipient of the Outstandina Service Award in Traffic Safety bv the Roanoke County Transportation Safety Commission. 312 May 27, 1997 Chairman Johnson presented the Certificate of Recognition to Officer Poindexter. d. Officer Mark A. Cromer. "Most DUI Arrests in 1996" sponsored bv MADD Smith Mountain Lake Reaional Chapter. Chairman Johnson presented the Certificate of Recognition to Officer Cromer. IN RE: SEARCH FOR NEW POLICE CHIEF Mr. Hodge advised that the County received 75 applications for the police chief position; that an interview team has been appointed; that the interview process is proceeding; and that the position should be filled by July 1, 1997. 3. Presentation of plaaue to the Board of Supervisors from the Vinton National All-star Baseball Team in recoanition of their financial contribution to the teamCGrea Sturaill. Coach). Mr. Sturgill presented a plaque and letter of thanks signed by the team members to Supervisor Nickens. He advised that the County's financial support allowed the team, which won the State Championship, to participate at the World Series in Dothan, Alabama. The team won the Sportsmanship Award at the State tournament and the World Series. INRE: BRIEFINGS May 27,1997 313 - 1. Presentation on Virainia Association of Counties proiects and proarams. (Dean A. Lvnch. VAC Director of Local Government Affairs. ) Mr. Lynch updated the Board on the activities of VA CO's to assist localities, especially in the legislative area. He presented copies of VACO's 1997 State Legislation Affecting Counties to the Board members and encouraged them to be active in the state association. In response to inquiries about VACO's positions on Jim Gilmore's proposal to eliminate the personal property tax and taxing authority for elected school boards, Mr. Lynch advised that he would provide this information to the Board members by mail. Supervisor Minnix arrived at 3:30 p.m. Supervisor Nickens asked whether the Board had to approve raising the County's real property tax exempti.on for the elderly and disabled in view of recent legislation that gave local governments the opportunity to increase the exemption from $75,000 to $100,000 for financial worth. Mr. Mahoney advised that he would check into this and if appropriate, bring back an ordinance for approval. IN RE: NEW BUSINESS 1. Recommendations for 1998 Leaislative Proaram for Virainia General Assemblv. (Paul Mahonev. County Attornev) Mr. Mahoney advised that each year the Virginia Association of Counties asked its members to submit their legislative program so that the finàllegislative program can be approved at VACO's conference in November. This legislative program outlines 314 May 27,1997 - i things that have a statewide impact, and the Board will adopt a legislative program unique for Roanoke County at a later date. Many of these proposals are jointly supported by the Virginia Association of Counties (VACO) and the Virginia Municipal League (VML). After discussion, Mr. Mahoney was directed to bring back a revised resolution at the June 10, 1997 meeting with additional wordage to: (1) Education Item 2 - increased funding for school capital construction and renovation projects based upon the locality's local support efforts; (2) Item H - opposition to restrict or eliminate local sources of taxation-unless local governments can replace lost sources of local revenue with comparable sources; and (3) increasing funding and support of the Regional Competitiveness Act listed as a separate item. 2. Reauest for approval of a cost sharina aareement with the Town of Vinton concernina the purchase of fire and rescue apparatus. (Rick Burch. Chief of Fire & Rescue) A-052797 -1 Chief Burch advised that an agreement had been reached by staff and the Town of Vinton to share costs of certain fire and rescue vehicles and related equipment for use by the Vinton Fire Department and the Vinton First Aid Crew. The first piece of equipment covered is the new 1997 Pierce fire truck which is stationed at the Vinton Fire Department. As agreed, the Town of Vinton paid $125,000 to Roanoke County which was 50% of the purchase price. He asked that this amount be placed in a capital reserve fund for fire and rescue equipment for the County, and advised that the committee will come ~ May 27,1997 315 - - back to the Board with recommendations for utilization of these funds. The Vinton Town Council approved the agreement at their meeting on May 20, 1997. Supervisor Eddy advised that he agreed with the concept but preferred a long-range and all-encompassing document rather than a general agreement. Supervisor Nickens expressed appreciation to the staff and the Vinton Town officials and advised that the agreement has been signed and this action is to place the funds into a capital account. Supervisor Nickens moved to approve the agreement and appropriate the $125,000 into a capital fund. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Nickens, Johnson NAYS: ABSENT: Supervisor Eddy Supervisor Harrison 3. Resolution approvina the fundina distribution methodoloav for incentive funds to be distributed amona the participatina local aovernments in the Fifth Plannina District Reaional Alliance. {Elmer C. Hodae. County Administrator) R-052797 -2 Mr. Hodge advised that the State allocated $3 Million last year and $3 Million this year for the Regional Alliance, and one of the requirements of the Regional Competitiveness Program is that all participating local governments in a region must approve a funding formula for distribution of incentive funds from the State in order to be 316 May 27,1997 - , eligible for such funds. At the April 24, 1997 meeting of the Regional Alliance's Board of Directors, the Board recommended to local governments the following funding distribution methodology: (1) 90% of the funds will be distributed based on per capita; (2) 8% of the funds will be distributed based on the fiscal stress of the community; and (3) 2% of the funds will be allocated to the Alliance for its administrative use. The resolution must be adopted by June 21, 1997 and forwarded to the State in order for the Regional Alliance to be eligible for funds after July. Supervisor Minnix commended Supervisor Eddy for his efforts on behalf of the Regional Alliance. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 052797-2 APPROVING THE FUNDING DISTRIBUTION METHODOLOGY FOR INCENTIVE FUNDS TO BE DISTRIBUTED AMONG PARTICIPATING LOCAL GOVERNMENTS IN THE FIFTH PLANNING DISTRICT REGIONAL ALLIANCE WHEREAS, the Fifth Planning District Regional Alliance was created by local governments in the Fifth Planning District to promote increased levels of interjurisdictional cooperation in order to improve the region's economic competitiveness; and WHEREAS, the Fifth Planning District Regional Alliance was formed under the authority of the 1996 Regional Competitiveness Act and this legislation provides incentive funds to jurisdictions within a region that agree to participate in regional cooperative activities; and WHEREAS, the County of Roanoke, Virginia by resolution, has made a commitment to participate in the Fifth Planning District Regional Alliance; and WHEREAS, the Regional Competitiveness Program requires that each participating local government within the region approve by resolution a methodology for the distribution of incentive funds to participating local governments; and ~ May 27,1997 317 - - WHEREAS, at the April 24 meeting of the Regional Alliance's Board of Directors, the Board recommended to local governments the following funding distribution methodology: 90% of the total funds to be distributed on a per capita basis; 8% of the total funds to be distributed based on the level of fiscal stress of each local government as calculated by the Virginia Commission on Local Government; and 2% of the total funds be aUocated to the Regional Alliance for administrative and research support. NOW, THEREFORE BE IT RESOLVED that the Roanoke County Board of Supervisors approves the funding distribution methodology as recommended by the Board of Directors of the Fifth Planning District Commission. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison * * * 4. Reauest for appropriation for Supplement #4 of the Roanoke County Code. (Paul Mahonev. County Attornev) A-052797 ·3 Mr. Mahoney advised that $6,837.70 is needed for Supplement #4 and the amount being requested from the Board Contingency Fund is $3,419 and not $4,227 as stated in the Board Report. Supervisor Nickens suggested that since supplements are being issued every 18 months to two years, this item should be budgeted for in the future. Supervisor Johnson moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 318 May 27, 1997 = 5. Reauest from Courthouse Officials for improvements to the leased Darkina lot. CElmer C. Hodae. County Administrator) Mr. Hodge advised that the Judges and Constitutional Officers are asking that the Board appropriate $5,000 from the Courthouse Maintenance Fund to make repairs to the leased parking lot near the Courthouse and the jail. It was the consensus of the Board that all possibl.e permanent solutions to the parking situation be investigated and that staff will bring back a report at the next meeting. Supervisor Eddy moved to approve the staff recommendation and approve the appropriation of $5,000 from the Courthouse Maintenance Fund. The motion resulted in a tie vote and the item will be carried over to the next meeting. AYES: Supervisors Eddy, Minnix NAYS: Supervisors Nickens, Johnson ABSENT: Supervisor Harrison INRE: REQUESTS FOR WORK SESSIONS 1. Reauest for Work Session on June 10.1997 to discuss welfare reform. (John Chambliss. Assistant Countv Administrator) It was the c.onsensus of the Board to set a work session for June 10, 1997. INRE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ~ May 27,1997 319 - ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for June 24, 1997. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Nickens, Johnson None ABSENT: Supervisor Harrison 1. Ordinance to rezone 35.69 acres from R-3 & 1-1 to R-1 to construct sinale familv residences. located between Merriman Road and intersection of Starkey Road and Buck Mountain Road. Cave Sprina Maaisterial District. upon the petition of Joe R. Blackstock. 2. Ordinance authorizina a Special Use Permit to allow a private kennel. located at 1905 Mayfield Drive. Vinton Maaisterial District. upon the Detition of COy L. And Deanna H. Weaver. 3. Ordinance to rezone 1.231 acres from C-1 Conditional to C-1 Conditional to expand an existina parkina lot. located at 3390 Colonial Avenue. Cave Sprina Maaisterial District. upon the petition of Dr. William F. Ball and Euaenia H. Ball. 4. Ordinance to rezone approximatelv 2.75 acres from R-2 to C-2 to construct a druastore. located at the corner of Route 419 and Brambleton Avenue. Cave Sprina Maaisterial District. upon the . petition of C&C Development. L.L.C. INRE: SECOND READING OF ORDINANCES 1. Ordinance appropriatina the funds for the fiscal year 1997/98 budaet. (Brent Robertson. Budaet Manaaer) 0-052797-4 320 May 27,1997 - Mr. Robertson advised that several changes to reallocate funds were made since the first reading of the ordinance on May 13, 1997, but this does not change the budget. The changes were: (1) $28,870 to partially fund Virginia Western Community College's capital request; (2) $12,500 to increase Julian Stanley Wise Museum to $25,000; (3) $3,000 to increase Adult Care Center to $ 10,000; and (4) $40,000 increase to Solid Waste for recycling contract with outside vendor approved by Board on May 13, 1997. The adjustments were: (1) $23,000 decrease in Board Contingency Fund; (2) $30,000 decrease in Dental Insurance savings; and (3) $25,370 decrease in facility maintenance. The total County budget is $225,015,599 which includes all interfund and intrafund transfers. The budget without transfers is $160,129,355. He asked for approval of the budget appropriation ordinance and classification plan for fiscal year 1997/98. In response to Supervisor Johnson's inquiry, Mr. Robertson advised that the County has 736 full time employees. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDINANCE 052797-4 APPROPRIATING FUNDS FOR THE 1997.98 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 22, 1997, concerning the adoption of the annual budget for Roanoke County for fiscal year 1997-98; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved ~ May 27, 1997 321 - said budget on May 13, 1997, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 13,1997, and the second reading of this ordinance was held on May 27, 1997, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the re:Jpective funds for the period beginning July 1, 1997, and ending June 30; 1998, for the functions and purposes indicated: Revenues: Genernl Fund: Genernl Government Youth Haven II Comprehensive Services Law Library Recreation Fee Class Internal Services Garage II Total General Fund Capital Projects Fund $ 99,264,769 427,646 1,451,110 41,980 726,369 1,768,837 283,794 -$ 103,964,505 $ 9,408,677 $ 2,609,130 $ 880,826 $ 11,190,011 299,450 11,489,461 $ 6,962,712 $ 83,928,863 3,195,000 1,661,603 914,822 $ 89,700,288 $ 225.015.599 Debt Service Fund Internal Service Fund· Risk Management Water Fund Beginning Balance Sewer Fund School Funds: Operating Cafeteria Grant Textbook Total School Fund Total All Funds 322 May 27,1997 Expenditures: General Gove=ent: General Administration Board of Supervisors County Administrator Community Relations Asst. Co. Administrators Human Resources County Attorney Economic Development Total General Administration Constitutional Officers Treasurer Commonwealth Attorney "ic~itness Commissioner of the Revenue Clerk of the Circuit Court Sheriff's Office Care & Confinement of Prisoners Total Constitutional Officers + $ 244,388 191,50~ .146,648 235,522 367,394 324,117 747;294 $ 2,256,866 $ 547,389 509337' . ,. -" 5,373 567,521 712,065 1,162,674 ,..... 2,908,856 $ 6,413,215 $ 129,268 56,758 1,255 10,429 332,3-85 $ 530,095 . $ 714,639 697,680 105,200 120,932 297,751 $ 1,936,202 Judicial Administration Circuit Court General District Court Magistrate J & DR Court Court Service Unit Total Judicial Administration Management Services CoUIrty Assessor Finaooial Planning Public Transportation Management and Budget Procurement Services T ota! Management Services Public Safety Police Transportation Safety Commission E911 Maintenance Fire and Rescue Total Public Safety $ . ~098,969 960 460,388 4,539,427 $ 11,099,744 ~ May 27,1997 323 CommunIty ;:services General Services $ 231,699 Solid Waste 3,566,273 . Property Management 81,684 Engineering and Inspections 2,534,323 Building Maintenance 1,245,081 Plamùng and Zoning 607,372 Plamùng Commission 20,612 Total Commtmity Services $ 8,287,044 Human Services Grounds Maintenance $ 1,452,350 Parks and Recreation 1,360,585 Public Health 425,333 Social Services Administration 2,453,471 Public Assistance 1,397,400 Institutional Care 30,062 Social Service Organizations 126,832 Contributions Human Service Organizations 95,910 Contributions Cultural Organizations 229,809 Library 1,641,424 VPI Extension 76,126 Elections 187,433 Total Human Servi<:;es $ 9,479,735 Non-Departmental Employee Benefits .$ 1,147,000 Miscellaneous 590,000 Internal Service Charges 1,429,537 Total Non-Departmental $ 3,166,537 Transfers to Other Funds Transfer to Debt - General Transfer to Debt Service - School Transfer to Capital Transfer to Schools Transfer to Schools - Dental Insurance Transfer to Internal Services Transfer to Comprehensive Services Transfer to Youth Haven II Transfer to Garage II Total Transfers to Other Funds $ 3,726,061 2,466,976 2,609,130 45,230,473 257,025 880,826 654,840 50,000 100,000 $ 55,975,331·· 324 May 27,1997 - Unappropnated Balance - Board Contingency 120,000 Total General Government $ 99,264,769 Youth Haven II $ 427,646 Comprehensive Services $ 1,451,110 Law Library $ 41,980 Recreation Fee Class $ 726,369 Internal Services Management Information Systems $ 1,207,929 CommUIJications 560,908 Total Internal Services $ 1,768,837 Garage II $ 283,794 . Total General Fund. $ 103,964,505 Debt Service Fund $ 9,408,677 Capital Projects Fund $ 2,609,130 Internal Services Fund - Risk Management $ 880,826 Water Fund $ 11,489,461 Sewer Fund $ 5,684,703 Unappropriated Balance 1,278,009 6,962,712 School Funds: Operating $ 83,928,863 Cafeteria 3,195,000 Grant 1,661,603 TextBook 914,822 Total School Funds $ 89,700,288 Total All Funds $ 225.015.599 In addition to the above revenues and expenditures, the following beginning balances will be appropriated to the Unappropriated Balances of the respective funds: General Fund Capital Projects Fund Water Fund Sewer Fund $ 9,500,000 1,000,000 1,883,44.6 2,789,689 ~ May 27,1997 325 - 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another within a fund. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 1997, are reappropriated to the 1997-98 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1997, and appropriations in the 1997-98 budget. 5. That all school fund appropriations remaining at the end of the 1996- 97 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 1997-98. 6. That all General Fund appropriations remaining unexpended at the end of the 1996-97 fiscal year not lapse but shall be reappropriated as follows: a) 40% of these unexpended appropriations shall be transferred to the unappropriated Capital Fund Balance; b) 60% of these unexpended appropriations shall be re-appropriated to the same department for expenditure in fiscal year 1997-98 as provided by Resolution 042396-5. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 2. Ordinance authorizina chanae in desianation of arantee of cable television franchise from Cox Communications Roanoke. Inc. To CoxCom. Inc. (Joseph Obenshain. Sr. Assistant County Attornev) 0-052797-5 Mr. Mahoney advised that no changes have been made to the .ordinance since the first reading on May 13, 1997. There was no discus.sion and no citizens present 326 May 27, 1997 to speak on this issue. - Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson . NAYS: None ABSENT: Supervisor Harrison ORDINANCE 052797-5 AUTHORIZING CHANGE IN DESIGNATION OF GRANTEE OF CABLE TELEVISION FRANCHISE FROM COX COMMUNICATIONS ROANOKE, INC. TO COXCOM, INC. WHEREAS, in accordance with Ordinance No. 42391-15, adopted April 23, 1991, the County of Roanoke granted unto Cox Communications Roanoke, Inc., a Delaware corporation, doing business as Cox Cable Roanoke, Inc., a franchise agreement dated May 1, 1991, to operate a community antenna/cable television (CATV) system partially within the County of Roanoke; and WHEREAS, Cox Communications Roanoke, Inc., a wholly owned subsidiary of Cox Communications, Inc. was merged with and into CoxCom, Inc., a Delaware corporation which is also a wholly owned subsidiary of Cox Communications, Inc. on April 11,1997;and WHEREAS, the first reading of this ordinance was held on May 13, 1997, and the second reading was held on May 27,1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the change in the designation of the Grantee in the Cable TV Franchise Agreement granted to Cox Communications Roanoke, formerly operating as Cox Cable Roanoke, Inc., pursuant to Ordinance 42391-15 to CoxCom, Inc., both of which are wholly owned subsidiaries of Cox Communications, Inc. is approved. 2. The County Administrator is hereby authorized to execute such agreements, including any Guaranty of Performance, with Cox Communications, Inc. to carry into effect this change in designation of the Grantee and to insure the continuing responsibility of Cox Communications, Inc. for all obligations of the franchise agreement, all upon such form as shall be approved by the County Attorney. 3. This ordinance shall be in effect from and after its enactment. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: . AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ~ . May 27, 1997 327 - ABSENT: Supervisor Harrison 3. Ordinance approvina the exercise of an option to purchase aareement with James C. Epperlv and Arline B. Epperlv for 0.50 acre and authorizina assianment of the contract to the Industrial Development Authoritv in connection with the Kroaer Project. Timothv Gubala. Economic Development Director) 0-052797-6 Mr. Gubala advised that no changes have been made to the ordinance since the first reading on May 13, 1997. There was no discussion and no citizens present to speak on this issue. Supervisor Nickens mQved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDINANCE 052797-6 APPROVING THE EXERCISE OF AN OPTION TO PURCHASE AGREEMENT WITH JAMES C. EPPERLY AND ARLINE B. EPPERLY FOR 0.50 ACRE, MORE OR LESS, (BEING IDENTIFIED AS COUNTY TAX MAP PARCEL 55.03-3-9), AND AUTHORIZING ASSIGNMENT OF THE CONTRACT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY IN CONNECTION WITH THE KROGER PROJECT WHEREAS, by Resoluti.on #012897-12, the Board of Supervisors of Roanoke 328 May 27,1997 - County authorized and approved an economic development project, known as the Kroger Project, authorized execution of a Performance Agreement with the Industrial Development Authority of Roanoke County, Virginia, ("IDA"), and the Kroger Co., and appropriated the sum of $1,780,000 to pay for the County's and the IDA's performance obligations under the Agreement; and, WHEREAS, by Resolution #032597-5, the Board of Supervisors of Roanoke County approved the Option to Purchase Agreement dated March 19, 1997Lwith James C. Epperly and Arline B. Epperly for an option to purchase 0.50 acre, more or less, being further shown on the Roanoke County land records as Tax Map Number 55.03-3-9 ("the Property"); and, WHEREAS, under the terms of said agreement, the purchase price for the Property is $25,000 and compensation for a new well is $3,000, and the option must be exercised on or before August 31,1997; and, WHEREAS, the agreement provides for settlement within 30 days of the notice of exercise of the Option; and, WHEREAS, the property is necessary for the expansion of Kroger's Mid- Atlantic Distribution Facility, and the funds are available to the IDA in the Kroger - IDA account as appropriated by the Board on January 28, 1997; and, WHEREAS, pursuant to §15.1-511.1 of the Code of Virginia (1950, as amended), the Board of Supervisors is authorized to donate and assign its rights under said Option to Purchase Agreement to the IDA, in order for the IDA to fulfill the County's and the IDA's obligations under the above-described performance agreement in furtherance of the purposes for which the IDA was created; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on May 13, 1997; the second reading was held on May 27,1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase from James C. Epperly and Arline B. Epperly the following described real estate, to-wit: BEGINNING at a point on the northern line of the N&W Railway Company's right of way, 195.5 feet west of the vacant lot owned by said Railway Company, known as the "station lor and said beginning point being 1,909.6 feet east from Mile Post, "N. 269"; thence along said Railway Company's right of way, S. 70· West 149.6 feet to a point; thence leaving said RfW line and with the east line of the property of W. M. Gordon, North 20· W. 145.5 feet to a point; thence along the south side of a rOEjd, North 70· E. 149.6 feet to a point; thence leaving said road and with the west line of the property of M. S. McClung, et als, South 20· E. 145.5 feet to ,the place of BEGINNING, and containing % acre, more or less. , ~ May 27,1997 329 - Being Parcel 1 of the same property conveyed to James C. Epperly and Arline B. Epperly, husband and wife, by D~ed dated January 25, 1974, from Marvin H. Rogers, Sr., said Deed being of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 989, Page 255. 2. That, upon exercise of the option, the County Administrator is hereby authorized and directed to assign the County's contract rights under said Agreement to tbe Industrial Development Authority of Roanoke County, which shall proceed with purchase of the Property subject to the terms and conditions provided in the Agreement, for the sum of $28,000, and the IDA shall assume all obligations and responsibilities of the County provided for in the Agreement. 3. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option and assignment of the contract to the IDA, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 4. Ordinance authorizina the acauisition of a 17.825 acre parcel of real estate In coniunction with the cleanup of the Dixie Caverns Landfill. (Georae Simpson. Assistant Director of Enaineerina & Inspections) 0-052797-7 Mr. Arnold Covey, Engineering & Inspections Director, advised that no changes have been made to the ordinance since the first reading on May 13, 1997. There was no discussion and no citizens present to speak on this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the 330 May 27,1997 - following recorded vote: = AYES: NAYS: Supervisors Eddy, Minnix, Nickens, Johnson None - ABSENT: Supervisor Harrison -..... -....'.,-..,"... . . -, .":,:~~...,~:~- ", '"",) ·:.~r-·-_ ~ ".:. ORDINANCE 052797-7 AUTHORIZING THE PURCHASE OF A 17.825 ACRE PARCEL OF REAL ESTATE IN CONNECTION WITH THE CLEANUP OF THE DIXIE CAVERNS LANDFILL - A PORTION OF TAX MAP NOS. 63.00-1-15, 63.00-1-29, AND 63.00-1-16 WHEREAS, in connection with the cleanup of the Dixie Caverns Landfill and in order to comply with EPA regulations and standards within a specific time frame as set out in the "Administrative Order by Consent for Removal Action," it is necessary to acquire fee simple title to a 17.825-acre parcel of real estate located at the terminus of Twine Hollow Road (Virginia Secondary Route 778). This parcel is identified as a portion of Tax Map Nos. 63.00-1-15, 63.00-1-29, and 63.00-1-16 and is owned by ICI Explosives l)SA, Inc. (Formerly Atlas Powder Company) and is further shown on a plat prepared by T. P. Parker & Son, dated November 6, 1996, entitled "Partial Survey and Plat from Records for County of Roanoke of New Tract "A" (17.825 ac.) Situate on VA. Sec. Rte. 778 (Twine Hollow Road), Catawba Magisterial District." This 17.825-parcel of real estate Will be added and combined with adjacent property owned by Roanoke County designated as Tax Map No. 63.00-1-14. Acquisition of this real estate will allow access to the site for necessary maintenance of the entire "filled" area and to conduct any needed testing, sampling, or monitoring; and WHEREAS, staff has negotiated the purchase of said parcel from ICI Explosives USA, Inc. for the sum of $9,800, being the estimated fair market value based on an appraisal; and WHEREAS, the first reading of this ordinance was held on May 13, 1997; the second reading was held on May 27, 1997. NOW, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to acquire from ICI Explosives USA, Inc. a 17.825-acre parcel ofreal estate identified as a portion of Tax Map Nos. 63.00-1-15, 63.00-1-29, and 63.00-1-16 for an amount not to exceed $9,800, which shall be paid out of the funds available for the Dixie Caverns Landfill Cleanup. 2. That the County Administrator or his designee is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. May 27,1997 331 - On motion of Supervisor ¥innix to adopt (he ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison 5. Ordinance authorizina the acauisition of approximatelv 34 acres of real estate for ridae line Drotection.(Paul Mahonev. County Attornev) 0-052797-8 Mr. Mahoney advised that there has been no change in the ordinance since the first reading but the staff recommendation now covers four separate actions. These are: (1) adoption of the ordinance; (2) adoption of the "Roanoke County Board of Supervisors Guidelines for Acquiring Environmentally-Sensitive Property" as revised by Supervisor Eddy; (3) acceptance of $45,000 donation and appropriation for the purchase; and (4) appropriation of $5,000 from the Board Contingency Fund for related expenses. Supervisor Johnson a.sked that the issues be separated. There was no objection. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison ORDINANCE 052797-8 AUTHORIZING THE ACQUISITION OF APPROXIMATELY 34 ACRES OF REAL ESTATE FOR RIDGE LINE 332 May 27,1997 - PROTECTION BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on May 13, 1997; and a second reading was held on May 27,1997. 2. That the acquisition of approximately 34 acres of real estate for ridge line protection, said real estate being located on Green Ridge, is hereby authorized. Said real estate is identified as Tax Map No. 26.01-1-20. 3. That the County Administrator i.s authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison A-052797 -8.a Supervisor Nickens moved to adopt the guidelines as revised and with an editorial change by Supervisor Eddy. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison Mr. Mahoney advised that Janet Scheid, Planner, was responsible for drafting the guidelines. Supervisor Minnix moved to accept the $45,000 donation and appropriating the funds for the acquisition. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson ~ May 27,1997 333 - - NAYS: None ABSENT: Supervisor Harrison Supervisor Johnson moved to appropriate $5,000 for related expenses from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: ABSENT: None Supervisor Harrison In response to a question, Mr. Mahoney advised that the Planning Commission held a work session to review this on May 20, 1997, and plan to have a "456 Review" on June 2, 1997. In response to an inquiry, he stated that State Code Title 15.1, Section 456, provides for Planning Commissions to look at the acquisition or creation of public facilities to determine if they are in conformance with the adopted Comprehensive Plan. IN RE: APPOINTMENTS 1. Buildina Code Board of Adjustments and Appeals Supervisor Eddy nominated Buford Butts, alternate member, to complete the term of the late Larry Lester which will expire April 27, 2000. Chairman Johnson advised that nominations for another alternate member will be taken at next meeting. 2. Parks and Recreation Advisory Commission Supervisor Nickens nominated Roger I. Falls to serve another four year term which will expire June 30, 2001. 334 May 27,1997 - INRE: CONSENT AGENDA - R-052797-9. R-052797-9.1 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson. NAYS: None ABSENT: Supervisor Harrison RESOLUTION 052797-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for May 27, 1997 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Approval of minutes for April 8, 1997 2. Confirmation of appointments to the Clean Valley Council, the Community Policy and Management Team, the Fifth Planning District Commission, and the Parks and Recreation Advisory Commission. 3. Confirmation of Alfred C. Anderson, County Treasurer to serve as Roanoke County's voting delegate at the National Association of Counties annual conference. 4. Acceptance of water and sanitary sewer facilities serving the Orchards, Applewood - Section 9. 5. Acceptance of sanitary sewer facilities serving The Orchards, Huntridge Road Extension. 6. Request to name Baseball Field #2 at Green Hill Park in memory of Sean Nelson. ~ May 27,1997 335 - 7. Request for appropriation of fees from the public inquiry system to the Department of Real Estate Assessments to cover expenses and enhancements to the program. 8. Appropriation of $67,000 grant to the Summer Youth "Employment Program. ,~..~. ... ..,..~ 9. ,. '-Cl·- Donation of sanitary sewer easement through Cots 4-11 , Fairfax Place, from TrianQle Developers, Inc. 10 Resolution of Appreciation to Denise Swanson for her efforts in making Roanoke County School Buildings accessible to everyone. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison RESOLUTION 052797-9.1 OF APPRECIATION TO DENISE SWANSON FOR HER EFFORTS IN MAKING ROANOKE COUNTY SCHOOL BUILDINGS ACCESSIBLE TO EVERYONE WHEREAS, all children deserve the opportunity to attend school in a supportive, accessible, and safe atmosphere; and WHEREAS, many older Roanoke County school buildings are not yet accessible to children with disabilities, and prevent students from obtaining an education in a dignified and equitable manner; and WHEREAS, the 'Open Doors, Open Minds: Accessible Schools. for Aff program was developed to place automated entry doors at every school building in the County through private donations, helping special education students obtain the access to schools which they need and deserve, so that they can prepare themselves for a happy and productive future; and WHEREAS, Denise Swanson has been instrumental in the 'Open Doors, Open Minds: Accessible Schools for Aff project, working with the Roanoke County school system, elected and appointed officials, and private contributors and organizations to help achieve the goal of Accessible Schools for All. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, does hereby extend its sincere appreciation to Denise Swanson for the hard work, dedication and effort she has expended in making our school buildings accessible 336 May 27,1997 to all, providing opportunity, ind~pendence and dignity to our school children. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison - INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv: (1) He asked that staff attend the Virginia Department of Transportation Meeting on June 5, 1997 in Salem and applauded their action on funding for Route 11/460. (2) He asked that staff attend the VDOT meeting on June 4, 1997 concerning improvement to Woodhaven Road and asked about the resolution requested by VDOT. Mr. Hodge Will bring the resolution to the June 10, 1997 Board Meeting. (3) He , has received a request from a disabled citizen to include the disabled in the Senior Citizens Work Program which is now being developed. (4) He advised that evaluations for the County Attorney and County Administrator are scheduled for June 10,1997. Supervisor Minnix: (1) He apologized for being late because he attended funerals for Joe Bush and Carl Trippeer. (2) He asked about the status of revisions to the noise ordinance. Mr. Hodge is working through the Planning Commission, and it will be brought back to the Board during the month of June. (3) He advised that the Secretary Of Natural Resources has asked for comments on the Virginia Water Quality Improvement funds and asked that staff attend the meeting. Mr. Hodge advised that he will ask Gary Robertson to review this and attend the meeting. SUDervisor Nickens: (1) He asked that staff look at funding alternatives for rural additions, possibly having a countywide bond issue to cover all needs. (2) He ~ May 27,1997 337 - advised that he is proposing a task force to study the problems encountered by disabled andlor physically challenged citizens. Mr. Hodge advised that Supervisor Nickens' suggestion for the creation of the Blue Ribbon Committee is being developed, and he will bring plans back to the June 10. 1997 meeting. Supervisor Johnson: (1) He advised that he agreed with the Roanoke Times editorial; that he respects Supervisor Eddy's concern for citizens and his preparedness on issues; and that his contributi.ons will be long remembered. INRE: REPORTS Supervisor Minnix moved to receive and file the following reports after discussion of Item 1. The motion carried by a unanimous voice vote with Supervisor Harrison absent.. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continaencv Fund 4. Accounts Paid - April 1997 5. Statement of Revenues and Expenditures as of April 30. 1997. 6. Report from the Virainia Department of Transportation of chanaes to the Secondarv System as of April 1997. INRE: WORK SESSIONS 338 May 27,1997 1. Community Plan proaress and neiahborhood council results. .(Terrv Harrinaton. Plannina & Zonina Director) Mr. Harrington presented the results of the planning process during the work session which was held from 5:00 p.m. until 5:30 p.m. He described the Neighborhood Council Process and the Visioning Process and advised that over 1,000 citizens were involved. County staff plans to use the information gathered along with other technical resources and develop a draft Roanoke County Community Plan by late August or early September, 1997, to be presented to the Planning Commission and Board in November, 1997. - 2. Proposed chanaes to CORTRAN Transportation System. (John Chambliss. Assistant Countv Administrator) Mr. Chambliss outlined the proposed changes to the CORTRAN system during the work session which was held from 5:30 p.m. until 5:50 p.m. He advised that the Board will need to officially approve these changes in advance of the implementation date so that the CORTRAN ridership can be notified. He advised that the changes will be monitored and explanations provided for all concerned. . ... -- INRE: EXECUTIVE SESSION Supervisor Nickens added an item to the Executive Session pursuant to . Code of Virginia Section 2.1-344 A (3) discussion concerning location of business or industry where no previous announcement has been made, Pinkard Court. ~ May 27,1997 339 - -, At 4:55 p.m., Supervisor Johnson moved to go into Executive Session at 6:30 p.m. following the work sessions pursuant to the Code of Virginia Section 2.1-344 A (3) to discuss the acquisition or use of real property for public purposes, schools; 2.1-344 A (7) consultation with legal counsel and briefing by staff pertaining to actual litigatiòn, Country East LLC; and Ohio State Cellular; and 2.1-344 A (3) discussion concerning location of business or industry where no previous announcement has been made; Pinkard Court. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson NAYS: None ABSENT: Supervisor Harrison INRE: RECONVENEMENT At 7:00 p.m., Chairman Johnson called the meeting to order and stated that the Executive Session was not convened and no certification would be necessary. The roll call was taken with all supervisors present. INRE: PUBLIC HEARING AND FIRST READING OF ORDINANCES 1. Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County. (Diane Hvatt. Director of Finance) Mr. Mahoney advised that this is the first reading of the ordinance and public hearing to increase the salaries of the Board of Supervisors by 3.2% which is the same 340 May 27,1997 - percentage that County and School employees are receiving. He stated that the Board - salaries will increase from $11,117.60 to $11,473.36. He also noted that the additional annual compensation for the chairman remains at $1,800 and for the vice-chairman at $1,200. There was no discussion and no citizens to speak on this issue. Supervisor Minnix moved to approve the first reading and set the second reading for June 10, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: NEW BUSINESS 1. Reauest to approve proposed chanaes to the CORTRAN Transportation Svstem. (John Chambliss. Assistant County Administrator) A-052797 -10 Mr. Chambliss advised that changes are being proposed to the CORTRAN system which is operated for the County and Town of Vinton residents by RADAR (Unified Human Service Transportation System). The proposed changes recommended to be implemented July 1, 1997, are: (1) hours of operation will be Monday through Friday, 7 a.m. to 6 p.m.; (2) riders will be required to pay a $2.50 fare for each one-way trip which will be paid directly to RADAR (CORTRAN); and (3) riders will be able to call one day in advance to two weeks in advance to schedule rides. Persons who regularly use CORTRAN at least three times per week to the same destination and at the same time for ~ May 27,1997 341 work, medical appointments, etc. may be placed on a route system to maximize the efficiency of the CORTRAN benefit to all County residents. The Board added $35,000 to the County budget for public transportation services to pay for these services. He recommended that a survey be done after the transition period of approximately thirty to sixty days. In response to an inquiry, he advised that RADAR and Social Services will work with citizens unable to pay the fare. He also responded to several questions from Supervisor Eddy. Supervisor Nickens moved to approve the staff recommendations. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None It was the consensus of the Board that a survey be made after thirty to sixty days; that all changes be monitored including complaints; and a report be made back to the Board. INRE: EXECUTIVE SESSION A! 7:20 p.m., Supervisor Johnson moved to go into Executive Session with no action anticipated pursuant to the Code of Virginia Section 2.1-344 A (3) to discuss the acquisition or use of real property for public purposes, schools; 2.1 ~344 A (7) consultation with legal counsel and briefing by staff pertaining to actual litigation, Country East LLC; and Ohio State Cellular; and 2.1-344 A (3) discussion concerning location of business or industry where no previous announcement has been made; Pinkard Court. The motion 342 May 27,1997 ,- camec cy me TOllowlng recorcec vote: - AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CERTIFICATION OF EXECUTIVE SESSION R-052797 -11 Supervisor Johnson moved to adopt the Certification Resolution and that the Executive Session was held from 7:20 p.m. until 8:08 p.m. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052797-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ . May 27,1997 343 - INRE: ADJOURNMENT IV. 8:11 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. Submitted by, Approved by, ~~.~ Brenda J. H ton Deputy Clerk to the Board ~~ Bob L. Jo son Chairman 344 May 27,1997 1= This page left blank intentionally.