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HomeMy WebLinkAbout4/23/1996 - Regular - April 23, 1996 251 - Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, virginia 24018 April 23, 1996 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 April, 1996. IN RE: JOINT MEETING WITH SCHOOL BOARD At 1:05 p.m., Chairman Jerry Canada called the Roanoke County School Board to order by a roll call with all members and Superintendent Dr. Gordon present. Chairman Johnson called the Roanoke County Board of supervisors to order by a roll call with all members present except supervisor Minnix. (He arrived at 2:10 p.m.) Supervisor Eddy added one item to the Executive Session pursuant to 2.1-344 (A) (3) acquisition of real property for public purposes. IN RE: EXECUTIVE SESSION 252 April 23, 1996 - At 1:08 p.m., Supervisor Eddy moved to go into Executive Session with the School Board pursuant to the Code of virginia Section 2.1-344 A (3) use of real property for public purposes or disposition of publicly held real estate; (3) acquisition of real property for public purposes; and (7) consultation with legal counsel pertaining to (a) contracts and (b) probable Ii tigation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-042396-1 At 1: 55 p.m., Supervisor Johnson moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: BUDGET WORK SESSIONS A. School Budqet The work session began at 2:00 p.m. with presentations from Chairman Canada, Superintendent Gordon, and Dr. Jerry Hardy, Director of Budget and Data Management for Roanoke county April 23, 1996 253 - - - ,'-~-- -----~------ schools. Dr. Hardy reported that (1) the school funds have increased by $3.3 million of which $2 million is additional funding from the state; (2) the costs for a proposed five percent salary and related increase is $2.9 million; (3) the costs for proposed additional personnel is $1.5 million; and (4) the School budget has an unfunded balance of $4.9 million. He distributed a booklet containing the unedited schools non-salary budget requests. supervisor Johnson requested a list of all school salaries, and supervisor Eddy requested a list of the proposed new positions and that any handouts be distributed at least two weeks in advance of any meeting to be held next year. It was the consensus of the Board to schedule a work session with the School Board for May 9, 1996, at 5:00 p.m. at the School Administration offices. There was discussion of several methods for determining Countywide schools needs which included: (1) making a tour of all school facilities; (2) County appointing blue ribbon commission; and (3) Schools appointing their own committee. There was no consensus reached on any of these items. ~ County Budaet There was no discussion of the County budget. It was the consensus of the Board that if time permitted, the work 254 April 23, 1996 - session would be held after the evening session. The work session adjourned at 3: 10 p.m. so that the regularly scheduled afternoon session could begin. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3: 18 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, vice Chairman Harry C. Nickens, supervisors Lee B. Eddy, Fenton F. "spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Dr. Michael Nevling, Colonial presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge advised that Ms. Dooley was unable to attend the meeting and asked that the resolution of appreciation be moved to the Consent Agenda. April 23, 1996 255 - ---- IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Proclamation declarina May 2. 1996 as Day of Prayer in Roanoke County. Chairman Johnson presented the proclamation to Dr. Nevling from Colonial presbyterian Church. supervisor Minnix moved to approve the proclamation. The motion carried by a unanimous voice vote. ~ Resolution of aDDreciation UDon the retirement of Betty W. Dooley. Library Services. This resolution was moved to the Consent Agenda because Ms. Dooley was unable to attend the meeting. h Proclamation dec1arina ADril 21 27. 1996 as National volunteer Week. Chairman Johnson presented the proclamation to the following volunteers: Barbara Turner, social services; william Skelton, Jr., Parks & Recreation; Al Thomason, Committees, commissions, & Boards; Gerri Glosh, Libraries; and Chief Teddy Crowe, Fire & Rescue. Chairman Johnson announced that a reception for all county volunteers would be held on April 25, 1996, at 7 p.m. at the Salem civic Center, and encouraged all volunteers to attend. supervisor Johnson moved to approve the proclamation. The motion carried by a unanimous voice vote. ~ proclamation declarina ADril 28 - May 5. 1996 as Soil and Water StewardshiD Week. 256 April 23, 1996 - Chairman Johnson presented the proclamation to winton Shelor. Supervisor Harrison moved to approve the proclamation. The motion carried by a unanimous voice vote. ~ Proclamation declarina May 5 11. 1996 as Drinkina Water Week. Chairman Johnson presented the proclamation to Scott Agner, David Adams, and Jeff Booth, from the utility Department. supervisor Nickens moved to approve the proclamation. The motion carried by a unanimous voice vote. ~ Proclamation declarina May 5 11. 1996 as Children's Mental Health Week and Green Ribbon Week. Chairman Johnson presented the proclamation to Susan Scheibe, from Parents and Children coping Together (PACCT), and members of her family. Ms. Scheibe presented the Board Members with green ribbons for them to wear as a visible show of support. supervisor Eddy moved to approve the proclamation. The motion carried by a unanimous voice vote. ~ Presentation of Award from the National Association of DeveloDment organizations. Chairman Johnson presented awards from the National Association of Development Organizations to Len Boone, and Steve Musselwhite for their housing developments near the Blue Ridge Parkway. Janet Scheid, planner, accepted the award for Roanoke County. - April 23, 1996 257 _______"~._. __ ._,_ ~·.~*.ß"'·"_~"_~ ___~__._.~_..__~ _,_~,.._ ~.,..,-_+~ __._"~._~. __. .0-'- _ .. _ _ ~__'~_L' _" ._.~-~. ,~-._........ ._- -~ .- -~. _. ,_..~..._.. -- ..._~- '-'._._~--, --~~_.~.. *"'"~''' IN RE: NEW BUSINESS Creek Fire of Resolution authorizina the of Volunteer Fire comDanies (Back CompanY and Read Mountain Fire h AdoDtion oraanization COmDany). recoanizina same for ~urJ)oses of the "Line of Duty Act" and for certain immunities. (Paul Mahoney. County Attorney) R-042396-2 Mr. Hodge advised that this resolution will extend to the Back Creek Fire Company and the Read Mountain Fire Company the same benefits as previously provided for the other nine volunteer fire fighting organizations in the County by resolution dated April 29, 1986. This resolution will officially extend the benefits of the "Line of Duty Act" which provides for payment up to $50,000 to a member's beneficiary if death occurred in the line of duty, and immunity from suit for damages incident to fighting fire or providing rescue services. Organization of the Back Creek Fire Department was recognized by the Board on November 17, 1987, and the Read Mountain Fire Company was authorized on May 9, 1990, but resolutions specifying these benefits were not adopted. supervisor Eddy suggested an editorial change to delete the second paragraph from the bottom of the resolution because it was ambigious. supervisor Eddy asked that Mr. Mahoney determine if the Board should pass a similar resolution for the rescue squads. 258 April 23, 1996 - supervisor Minnix moved to adopt the resolution and delete the second paragraph from the bottom, second page. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042396-2 AUTHORIZING THE ORGANIZATION OF VOLUNTEER FIRE COMPANIES, RECOGNIZING SAME FOR PURPOSES OF THE "LINE OF DUTY ACT" AND FOR CERTAIN IMMUNITIES WHEREAS, by Resolution 42986-1-1 the Board of supervisors recognized the existence of the following nine volunteer fire fighting organizations: Vinton Fire Company, Cave spring Fire Company, Catawba Fire Company, Hollins Fire Company, Mt. Pleasant Fire Company, Clearbrook Fire Company, Bent Mountain Fire Company, Fort Lewis Fire Company, and the Mason Cove Fire Company; and WHEREAS, there are now eleven volunteer fire fighting organizations, namely Back Creek Fire Company, Read Mountain Fire Company, vinton Fire Company, Cave spring Fire Company, Catawba Fire Company, Hollins Fire Company, Mt. Pleasant Fire Company, Clearbrook Fire Company, Bent Mountain Fire Company, Fort Lewis Fire Company, and the Mason Cove Fire Company, serving Roanoke County, which have been formed in accordance with section 27-8 of the 1950 Code of Virginia, as amended; and WHEREAS, the County hereby provides that said volunteer fire companies are deemed an instrumentality of the County in accordance with the provisions of section 27-23.6 of the 1950 Code of Virginia, as amended, and enjoy all the benefits and immunities granted thereunder; and WHEREAS, for such volunteer fire companies to receive the benefits of the "Line of Duty Act" as provided in Section 2.1-133.5, et sea. of the 1950 Code of Virginia, as amended, recognition by the governing body of the County as an integral part of the County's official safety program is required; and WHEREAS, the county has always recognized the important contributions made by the members of each volunteer fire organization to the County and wishes to make available the benefits of the "Line of Duty Act" as hereinabove mentioned; and - April 23, 1996 259 NOW, THEREFORE, BE IT RESOLVED by the Board of supervisors of Roanoke County, that the governing body does hereby approve the organization of the Back Creek Fire Company and Read Mountain Fire Company in addition to vinton Fire Company, Cave spring Fire Company, Catawba Fire Company, Hollins Fire Company, Mt. Pleasant Fire Company, Clearbrook Fire Company, Bent Mountain Fire Company, Fort Lewis Fire Company, and the Mason Cove Fire Company, such volunteer fire companies being organized pursuant to section 27-8 of the 1950 Code of virginia, as amended; and BE IT FURTHER RESOLVED that each volunteer fire organization in Roanoke county, virginia, so recognized by the Board of Supervisors of Roanoke County, Virginia, shall enjoy all the benefits and immunities provided in section 27-23.6 of the 1950 Code of Virginia, as amended. That each 70lunteer fire organization in Roano]cc County so recognized by thc Board of cupcrvisoro shall have the authority to appoint aßmany officcrs as such governing body may direct. That the Board of Supervisors does fully recognize the contributions made to the County by the members of the volunteer fire companies. On motion of supervisor Minnix to adopt the resolution and delete second paragraph from bottom, second page, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Adootion of Resolution aDorovina the 1996/97 Roanoke Valley Resource Authority Budaet. (Diane Hyatt. Director of Finance) R-042396-3 Ms. Hyatt advised that the Roanoke Valley Resource Authority budget being submitted for approval by the Charter Members Users totals $10,282,455 and maintains the current disposal fee of $50 per ton from municipal waste and $55 per ton 260 April 23, 1996 for commercial waste. Also included in the budget is a credit of $5 per ton for the Charter Members funded through the implementation agreement. The tipping fee credit will be eliminated after the 1996/97 fiscal year. Employee raises of five percent are included in the budget. The County will continue to receive $300,000 for a host locality fee ánd approximately $30,000 for providing accounting services. Ms. Hyatt asked that the Board approve the Roanoke Valley Resource Authority budget for year ending June 30, 1997. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042396-3 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 1997 UPON CERTAIN TERMS AND CONDITIONS WHEREAS, section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of vinton; and WHEREAS, by report dated March 25, 1996, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ending June 30, 1997. THEREFORE, BE IT RESOLVED by the Board of supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 1997 for the Roanoke Valley Resource Authority as set forth in the March 25, 1996, report of the Authority Chairman, a copy of which is incorporated by reference herein, is hereby April 23, 1996 261 APPROVED, and the county Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the county, any documentation, in form approved by the county Attorney, necessary to evidence said approval. On motion of supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Reauest to aODrove fundina for annual citizen satisfaction surve · Anne Marie Green communit Relations Director) A-042396-4 Ms. Green advised that last spring when the Board approved a request for funding for a citizen satisfaction survey, it was anticipated that the survey would be conducted annually. She asked for an appropriation of $7,500 from the Board contingency Account to fund a ten-minute survey of 500 households. The 1996 survey would include questions to determine new concerns and issues raised during the recent bond referendum campaign. A research firm will be hired to conduct the survey during late May and early June and Ms. Green advised that the Board members will have an opportunity to comment on the survey questionnaire. supervisor Minnix moved to appropriate $7,500 from the Board contingency Fund. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson 262 April 23, 1996 NAYS: None ~ Request to aDDrove Debt policy. (Diane Hyatt. Director of Finance) Mr. Hodge advised that staff plans to develop a series of financial policies beginning with the debt policy, and that a request to approve a year end balance policy is the next item on the agenda. After the budget work session on February 27, 1996, staff was directed to bring back the debt policy for adoption after review by the financial advisors, Wheat First Securities. The debt policy formalizes the procedures that the Board has used for many years, and will assure the rating agencies and County citizens that the issuance of debt is a well planned transaction. Roanoke county is currently rated Aa/AA by the agencies which is the next to highest rating offered with the main factor depriving the County of the Aaa/AAA rating being the commercial/residential ratio. Mr. Jim Johnson, Wheat First Securities, advised that the financial situation of the County is excellent; that the policy is written within acceptable limits; and encouraged the adoption of the policy. Ms. Hyatt described the three ratios included in the debt policy that rating agencies use to measure a locality's level of debt: (1) that the net debt per capita should not exceed $1,500 with the current ratio being $896; (2) that the net debt ---.~ April 23, 1996 263 ---------~,--- to assessments should not exceed 3% with the current ratio being 1.82%; and (3) that the debt service to general fund expenditures should not exceed 10% with the 6.32% being the current ratio. She advised that Mr. Mahoney had prepared a resolution to adopt the debt policy but it had not been distributed to the Board members. supervisor Nickens moved, subject to an appropriate resolution being distributed by Mr. Mahoney, to approve the debt policy with two additions: (1) target of setting aside 10% from accumulated funds for County or School projects; and (2) 40% of unspent year end expenditures be allocated for capital reserve account with flexibility for emergency conditions. There was no vote. Mr. Mahoney advised that the resolution which was prepared but not distributed would have to be rewritten to include these two items. It was the consensus of the Board that the resolution be redrafted to include the two items as stated by supervisor Nickens and placed on the Consent Agenda at the May 14, 1996 meeting. supervisor Harrison asked that the definitions for the various initials used in the report be provided him. ~ Request to aDD rove Policy eXDenditure aDDroDriations Robertson. Budaet Manaqer) for use at year of end. unsDent (Brent 264 April 23, 1996 A-042396-S Mr. Robertson advised that based on discussions at the meeting on February 27, 1996, staff has drafted a policy for the use of unspent expenditure appropriations at year end and a resolution to adopt the policy. The policy provides that: (1) 60% of the savings from departmental budgets will be designated for reappropriation in the following fiscal year; (2) the remaining 40% savings will revert to the Capital Fund for future capital projects; (3) these funds are to be used for non- recurring items; and (4) these items will be evaluated and reviewed by the County Administrator. Supervisor Eddy suggested some editorial changes for clarification to Paragraphs A, and C of the Policy Guidelines. Supervisor Nickens moved to approve the policy with the editorial suggestions from supervisor Eddy. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ ADDroval emDloyees. of Contracts for School and county (Diane D. Hvatt. Director of Finance) Health Insurance .L. A-042396-6 Ms. Hyatt advised that staff has received the renewal rates from Trigon Blue Cross Blue Shield for continued health -- April 23, 1996 265 -- --.,-.- .. ~------- --~--- ---~---------- .- insurance coverage for 1996-97 fiscal year. The insurance team reviewed this renewal and the current program design with Julie White of Slabaugh Morgan White & Associates, and Ms. White was present to answer questions. Mr. Hyatt described the following changes which will be effective July 1, 1996: ( 1) increase dependent children coverage from age 23 to age 25 if full time students; (2) provide coverage on point of service plan as outlined in House Bill 442 which requires no referral by the primary care physician if a condition is diagnosed by the OB/GYN; and (3) changes in the prescription drug plan. The insurance committee recommended adding the single Plus One Minor category to the county Plan since that option is already part of the School plan and this will equalize the county and School plans. The amount included in the 1996-97 county budget will be the same amount included in the 1995-96 County budget ($1,308,032), and if any additional funds are needed due to bad claims experience, these amounts will come from the county insurance reserve. The maximum amount of this liability is estimated to be $230,000. She recommended approval of the renewal contract and reported that informational packets will be distributed to employees immediately in order to complete enrollment before the June payrolls. supervisor Nickens moved to approve the contract. The motion carried by the following recorded vote: AYES: supervisors Minnix, Harrison, Nickens, Johnson 266 April 23, 1996 NAYS: supervisor Eddy b. Dental Insurance A-042396-7 Ms. Hyatt advised that since July 1, 1994, the school and county retirees have been participating in the dental program with the retirees paying the entire amount of their premium. The claims experience for the retirees continues to be higher than active employees and the number of retiree participants has increased from 79 to 139 in one year. The Insurance committee recommended that the retirees be a separate group with their own rate structure so that the County will not be subsidizing their dental insurance. The retirees would have a rate increase of 15% and active employees a rate increase of 0.6%. The 1996-97 budget contains $122,000 for County employees and $261,000 for School employees which is the same amount budgeted for 1995-96. supervisor Johnson moved to approve the contract. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge reported that during the earlier work session, the Board scheduled another work session with the School Board for May 9, 1996, at 5 p.m. at the School Administration April 23, 1996 267 ~--~--_.- --,-~--,. ----~------- Offices. Mr. Hodge advised that a budget work session will be held on May 14, 1996 with the fire and rescue chiefs and the social services, human services, cultural, educational and tourist agencies. :tN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA h supervisor Nickens moved to approve the first reading and set the second reading and public hearing for May 28, 1996. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FIRST READING OF ORDINANCES h Ordinance authorizina conveyance of an access easement to Kidd. craiahead. and steele , Waldron across a ortion of starke Park. paul Mahone County Attorney) Mr. Mahoney advised that the petitioners are asking for a fifteen foot easement through starkey Park to access their 268 April 23, 1996 - - adj oining properties and that there is no adverse affect on starkey Park. An agreement between the county and the three petitioners will be completed before the second reading. supervisor Eddy asked to review a summary of the agreement and amended ordinance before the second reading, and suggested that provisions be included to limit future development. supervisor Minnix moved to approve the first reading and set the second reading for May 14, 1996. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance dec1arina a Darcel of real estate identified as Roanoke city Tax MaD No 5100427 located off Mcvitty Road in Oak Grove Farms to be surDlus and acceptina/rejecting an offer for the sale of same. (John Willey. ProDerty Manager) Mr. Mahoney advised that staff is requesting that the Board declare this parcel of real estate surplus and authorize the sale of the property. He asked that action on this item be delayed because an adjoining homeowner wants to consult with his attorney concerning the impact on his property rights. supervisor Eddy moved to delay the second reading until April 23, 1996 269 ._,-~._-------~--_.._- ". -- . -~ ~-- ~ -<- - - ~~. --~._-~>---- - May 14, 1996. The motion carried by a unanimous voice vote. ~ ordinance declarina a Darcel of real estate identified as Tax MaD No. 76.05-3-6 located off Meadow Valley circle in the Windsor Hills Maaisterial District to be surDlus and acceDtina/re;ectina an offer for the sale of same. (John Willey. proDerty Manaaer) 0-042396-8 Mr. Mahoney advised that staff has received an offer of $8,059 from Merle A. and Dwayne E. Jamison and requested that the Board authorize the sale. supervisor Eddy moved to adopt the ordinance accepting the offer of Merle A. and Dwayne E. Jamison for $8,059. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042396-8 DECLARING A PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 76.05-3-6 LOCATED OFF MEADOW VALLEY CIRCLE IN THE WINDSOR HILLS DISTRICT TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME BE IT ORDAINED by the Board of supervisors of Roanoke County, virginia, as follows: 1. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the subject property is hereby declared to be surplus and is being made available for other public uses; and 270 April 23, 1996 2. That pursuant to the prov1.s1.ons of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on April 9, 1996; and a second reading was held on April 23, 1996, concerning the sale and disposition of a parcel of real estate identified as Tax-Map No. 76.05-3-6; and 3. That an offer having been received for said property, the offer of Merle A. and Dwavne E. Jamison to purchase this property for $8.059 is hereby accepted; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the county Administrator is authorized to execute such documents and take such actions on behalf of Roanoke county as are necessary to accompl ish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of supervisor Eddy to adopt ordinance and accept offer of Merle A. and Dwayne E. Jamison for $8,059, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: APPOINTMENTS h Roanoke Valley stormwater Manaaement Advisorv committee. supervisor Johnson nominated Palmer Black to serve as a citizen representative. ~ HetroDolitan plannina oraanization supervisor Eddy advised that the Roanoke Valley Metropolitan Planning organization (MPO) has changed its bylaws and membership is no longer conferred on members of the Executive committee of the Fifth Planning District commission. supervisors Harrison and Eddy were serving on the MPO as members of the FPDC April 23, 1996 271 -...... ------~-~,-, _.~-,--._- - - ""- Executive committee and the County may be asked to reaffirm or change its membership. IN RE: CONSENT AGENDA R-042396-9. R-042396.9.a supervisor Johnson moved to adopt the resolution with item 8 added. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 042396-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - 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 April 23, 1996 designated as Item M - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of Minutes for March 12, 1996. 2 . Conf irmation of appointments to the Highway and Transportation Safety commission, New Century Council's Quality of Life/Environment committee and Education committee, and Total Action Against poverty Board of Directors. 3. Donation of drainage easement on Lot 5, Lost Mountain Subdivision. 4. Approval of Raffle Permit for Northside High School PTSA. 5. Request from the General services Department to accept grant from the Roanoke Valley Resource Authority for recycling expenses. 272 April 23, 1996 = 6. Approval of Raffle Permit for Green Valley Elementary School PTA. 7. Request from the Sheriff's Office to accept an increase in a grant from the Department of Criminal Justice services for a Computerized Records Program. 8. Resolution of Appreciation upon the retirement of Betty W. Dooley, Library Services 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of supervisor Johnson to adopt the Consent Resolution with Item 8 added, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None RESOLUTION 042396-9.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BETTY W. DOOLEY FOR OVER 13 YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, Betty W. Dooley was first employed on september 20, 1982, as a Library Page, and has served as Library Assistant since December 1, 1984; and WHEREAS, maintaining service Library and is held Library; and Ms. Dooley had a fundamental role in during the reconstruction of the Vinton in high regard by the patrons of the vinton WHEREAS, Ms. Dooley has consistently represented the vinton Library in a positive and friendly manner to the citizens of vinton; and WHEREAS, Ms. Dooley, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BETTY W. DOOLEY for over 13 years of capable, loyal and dedicated service to Roanoke County. April 23, 1996 273 - .~ ._---~._-- " ~--". - FURTHER, the Board of supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS supervisor Eddv: (1) He asked about the status of the review of assessments by the state that Mr. Hodge has requested. Mr. Hodge advised that the report will be made either May 14 or 28, 1996. (2) He encouraged the Board members to submit names to Terry Harrington for appointment to the citizens Advisory committee for review of the Comprehensive Plan. supervisor Minnix: (1) He advised that the National Voter Registration Act is causing the Social Services Board extra work, and that this is another example of federal and/or state mandates with no money. SUDervisor Harrison: (1) He has been contacted by several people asking when they will have access to the north transmission line. He will talk with Gary Robertson. ( 2 ) He asked about the status of the paving of Yale Drive. sUDervisor Nickens: (1) He invited everyone to attend the vinton Dogwood Festival on April 27, 1996. sUDervisor Johnson: (1) He expressed regret at the recent tragic deaths of three people in the Hollins District, and 274 April 23, 1996 - asked that Mr. Hodge review the pursuit policy of the police Department. He advised that the Board would be updated on these events later in the meeting. o. CITIZENS' COMMENTS AND COMMUNICATIONS Patsy Ford. 2626 southwoods Drive: Tami Colella. 4320 Kinas court Drive: and Kathv Finch. 5417 Sheila Lane: spoke in favor of: (1) halting all spending on school capital improvements projects until a Countywide study is complete and all school needs prioritized; and (2) that the Countywide study be conducted by the Mosely McClintock Group, the consultants for the Southwest County schools study. Ms. Finch presented a petition signed by 742 citizens supporting these two positions. Mr. Hodge advised that the county has already sent out a Request for Proposals (RFP) seeking a consultant to study all school needs, and that the same consultants might not be chosen again. IN RE: REPORTS supervisor Johnson moved to receive and file the following reports after discussion of Item 8 and 9. The motion carried by a unanimous voice vote. h General Fund UnaDDroDriated Balance ~ caDital Fund UnaDDropriated Balance h Board continaency Fund - April 23, 1996 275 ~--_._----- ~ statement of Revenues and EXDenditures as of March 31. 1996. ~ ReDorts of Claims Activity for the Self-Insurance Proaram. ~ Proclamations sianed by the Chairman. ~ statement of the Treasurer's Accountability 'Der Investments and portfolio Policy. as of March 31, 1996. h status reDort on efforts to Dreserve the state- owned catawba Valley Farm. ~ Bond pro;ect status ReDort N RE: EXECUTIVE SESSION Mr. Mahoney asked to add two items to the Executive Session pursuant to Section 2.1-344 A (3) sale or distribution of publicly owned real estate; and (7) legal matter with respect to death of three citizens. At 5:20 p.m., supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (3) acquisition of property for economic development purposes; (5) discussion of prospective business or industry; (3) sale or distribution of publicly owned real estate; and (7) legal matter with respect to death of three citizens. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson 276 April 23, 1996 = NAYS: None Supervisor Johnson stated that the Board expected to come out of the Executive Session and continue the budget work session for twenty minutes before the start of the evening session. However, after the Executive Session, there was insufficient time to resume the budget work session and it was scheduled to be held after the evening session. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-042396-10 At 7: 00 p.m., supervisor Nickens 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 RESOLUTION 042396-10 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 April 23, 1996 277 ~------- ~--~---~ ~,~.. >-.-.. "- _.~-_._-,-- 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 certification Resolution, vote: supervisor Nickens to adopt the and carried by the following recorded AYES: NAYS: supervisors Eddy, Minnix, Harrison, Nickens, Johnson None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance to amend conditions on an existinq sDecial Use Permit located at the intersection of williamson Road and summer view Drive. Hollins Magisterial District. UDon the peti tion of summerview Creekside. (Terry Harrinaton. Director of Plannina & zonina) 0-042396-11 Mr. Harrington advised that on October 24, 1995, the Board approved a special use permit for a convenience store and fast food restaurant with specific conditions addressing the site design, lighting and screening of the project from the adjoining residences. Mr. Richard "Jyke" Jones, of Jones & Jones Associates, architects, has requested a modification of the screening condition because the condition as written cannot be met. Mr. Jones has offered a set of alternative conditions which 278 April 23, 1996 will (1) result in a berm 3.5 feet in height with additional species specific plantings along the top; (2) reflect the date of the revised concept plan; (3) address the exterior finish of the structure; and (4) continue the condition dealing with exterior lighting. The Planning Commission voted to approve the petition with the amended conditions. Mr. Jones advised that the revised conditions are supported by the adjoining property owners, J. H. Fralin & sons, and the Meadowbrook Homeowners Association. There were no citizens present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance with the amended conditions. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042396-11 AMENDING ORDINANCE 102495-13 GRANTING A SPECIAL USE PERMIT TO JONES , JONES ASSOCIATES TO CONSTRUCT A CONVENIENCE STORE WITH A FAST FOOD RESTAURANT LOCATED AT THE INTERSECTION OF WILLIAMSON ROAD AND SUMMERVIEW DRIVE (TAX MAP NO. 28.05- 1-9), HOLLINS MAGISTERIAL DISTRICT, BY AMENDING THE CONDITIONS WHEREAS, by Ordinance 102495-13 the Board of supervisors granted a Special Use Permit to Jones & Jones Associates as agent for summerview Creekside to construct a convenience store with a fast food restaurant to be located at the intersection of Williamson Road and summerview Drive (Tax Map No. 28.05-1-9) in the Hollins Magisterial District with certain conditions; and April 23, 1996 279 ._-_.~-~._-,-~~-_._~~-~-_.~_.,,~,---- _._,-- ----_._,-" ~... ~--", ,-,~--- -.-.. . _..~.._"- _.~--,--,- _. h*"~ ._. . n~ .._~ .__ _~ - WHEREAS, summerview Creekside has filed a petition to amend the conditions on this existing special Use Permit; and WHEREAS, the Planning Commission held a public hearing on this matter on April 2, 1996; and WHEREAS, the Board of supervisors of Roanoke County, Virginia, held a first reading on this matter on March 26, 1996; the second reading and public hearing on this matter was held on April 23, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the conditions placed on the granting of a special use permit to Jones & Jones Associates, agent for Summerview Creekside by Ordinance 102495-13 allowing a convenience store and fast food restaurant at the intersection of Williamson Road and summerview Drive (Tax Map No. 28.05-1-9) in the Hollins Magisterial District are amended as follows: (a) The site shall be developed in general conformity ~;~t~~t~~~~ ~~:ell°J'9~"ft_ (b) An earthen berm southern 280 April 23, 1996 - .;:IIIJ8L (d) All lighting installed shall be down shall be of a box type design, and shall be directed adjacent and nearby neighborhoods. The lighting contained in the zoning ordinance shall also be met. lighting, away from standards 2. That the granting of this Special Use Permit is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance to rezone 1.0 acre from 1-2 to C-2 and obtain a SDecial Use Permit in order to construct a used car lot. located at the intersection of West Main street and Country Farm Road. Catawba Magisterial District. u~on the petition of Randv Vest. (Terry Harrinaton. Director of Planning & Zonina) Mr. Harrington advised that this is an unconditional request to rezone 1.0 acre from industrial to commercial and obtain a special use permit to construct a used car lot. The Planning Commission voted to deny the petition because rezoning the property to commercial would be inconsistent with the principal industrial designation in the comprehensive plan. Marc Small, representing the petitioner, requested a continuance of April 23, 1996 281 ._-~ this request for thirty days. There were no citizens present to speak on this. ordinance. supervisor Nickens moved to postpone this item until May 28, 1996 at the request of the petitioner. The motion carried by the following recorded vote: AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None h Ordinance authorizina a sDecial Use Permit to eXDand william Byrd Hiah School. located at 2902 Washinaton Avenue. vinton Maaisterial District. upon the Deti tion of the Roanoke County School Board. (Terry Harrinaton. Director of plannina & Zonina) 0-042396-12 Mr. Harrington advised that this special use permit is being requested to build a 32,000 square foot addition to william Byrd High School to replace existing trailers and expand existing programs. The Planning Commission recommended approval. There were no citizens present to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 282 April 23, 1996 ORDINANCE 042396-12 GRANTING A SPECIAL USE PERMIT TO THE ROANOKE COUNTY SCHOOL BOARD TO EXPAND WILLIAN BYRD HIGH SCHOOL AT 2902 WASHINGTON AVENUE (TAX MAP NO. 61.11-1-11), VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke county School Board has filed a petition to expand William Byrd High School located at 2902 Washington Avenue (Tax Map No. 61.11-1-11) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 2, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 26, 1996; the second reading and public hearing on this matter was held on April 23, 1996; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the Roanoke County School Board to expand William Byrd High School located at 2902 Washington Avenue (Tax Map No. 61.11-1-1) in the vinton Magisterial District is substan- tially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance authorizina a SDecia1 Use Permit to eXDand an existing eauiDment sales and service establishment located at 7549 Williamson Road. Hollins Magisterial District. UDon the Detition of Ace Sales. Inc. (Terrv Harrinaton. Director of Plannina & Zoning) April 23, 1996 283 --- .--._- $_- ..- ____ ~n 0-042396-13 Mr. Harrington advised that this special use permit is being requested to expand an existing equipment sales and service establ ishment. It is planned to construct two buildings which will expand the business and allow for storage or materials and supplies. Due to neighborhood concerns, the staff has proposed two conditions: (1) the proposed storage building along the northern property line shall have a minimum of three sides for the purpose of screening materials from adjacent properties; and (2) a stockade-type fence shall be installed along the rear of the property in the area currently un screened by the existing building with type D screening installed per ordinance. The Planning Commission recommended approval with the conditions. The following citizens asked that something be done about the extremely noisy situation already at the site before the special use permit is granted: (l) LeeAnna stern. 736 Dexter Road. who also commended the petitioner on the cleanup of the property; and (2) Jesse Hancock. 730 Dexter Road. Mr. Harrington responded that provisions in the noise ordinance exempt commercial concerns and that noise is not addressed in the zoning ordinance. Mr. Paul Black, owner, responded that the majority of the noise is being created by another tenant on the property and he felt that restrictions should not be placed on this project in an attempt to solve a separate problem. After discussion, Supervisor Nickens asked that Mr. 284 April 23, 1996 - I-- Mahoney review the noise ordinance and report back to the Board. He also suggested that staff review the C-2 zoning classification to determine if some uses should be excluded and placed in another category. Supervisor Johnson moved to adopt the ordinance, and add the condition that operating hours will be 7 a.m. until 10 p.m. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 042396-13 GRANTING A SPECIAL USE PERMIT TO ACE SALES INC. TO EXPAND AN EXISTING EQUIPMENT SALES AND SERVICE ESTABLISHMENT AT 7549 WILLIAMSON ROAD (TAX MAP NO. 27.11-3-9), HOLLINS MAGISTERIAL DIS- TRICT WHEREAS, Ace Sales Inc. has filed a petition to expand an existing equipment sales and service establishment located at 7549 Williamson Road (Tax Map No. 27.11-3-9) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 2, 1996; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 26, 1996; the second reading and public hearing on this matter was held on April 23, 1996. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Ace Sales, Inc. to expand an existing equipment sales and service establishment located at 7549 Williamson Road (Tax Map No. 27.11-3-9) in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special April 23, 1996 285 -...., ,-- --- ----,---, "~ - Use Permit is hereby approved with the following conditions: (1) The proposed storage building along the northern property line shall have a minimum of three sides for the purpose of screening materials from adjacent properties; (2) A stockade-type fence shall be installed along the rear of the property in the area currently unscreened by the existing building with type D screening installed per ordinance. (3) The hours of operation for Ace Sales shall be limited to 7:00 a.m. and 10:00 p.m. On motion of Supervisor Johnson to adopt the ordinance with condition (3) added, and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ~ Ordinance authorizina a Soecial Use Permit to expand the existina church and school facilities. located on williamson Road across from Brookside ShoDDina Center. Hollins Maaisterial District. UDon the Detition of Shenandoah BaDtist Church. (Terry Harrinaton. Director of Plannina & zonina) Mr. Harrington advised that this special use permit is requested to expand the existing church and school facilities and improve accompanying parking, landscaping and lighting through its 18.58 acre site. The property is located northwest of the intersection of Williamson Road and Dent Road, and is bisected by Plymouth Drive. The improvements are scheduled for three phases over a number of years and a new entrance onto Plymouth Drive 286 April 23, 1996 - == near williamson Road is proposed. The Planning commission heard this request on March 5, 1996, and April 2, 1996 and was primarily concerned with access to the site. The Planning Commission approved the petition with three recommended conditions: (1) the site will be developed in substantial conformity with the master plan dated October 1995; (2) the existing Plymouth Drive access will be permanently abandoned with the exception of Fire & Rescue vehicles, and the new access at Plymouth Drive be limited to and designed as a right turn exit only; and (3) applicant will work with VDOT to obtain a painted crosswalk on Plymouth Drive. Rev. Bob Alderman, Paster of Shenandoah Baptist Church, asked that the Board amend or reject condition #2 which closes the Plymouth Drive access. He explained that by granting egress only onto Plymouth Drive, it would cut off a 20 year use of ingress from that area, and deny the Church access to one part of the campus from the other portion. The following citizens spoke in opposition to the special use permit because of concerns about traffic and the proposed new entrance and exit: Eudora Puff. 121 Plvmouth Drive; Beckv Whitacre. 125 Plvmouth Drive and Jack Crowder. 251 Plvmouth Drive. After discussion, it was the consensus of the Board that this item be postponed until May 28, 1996, so that the Board members would have the opportunity to tour the facili ties and April 23, 1996 287 ____....___~._~_~w.~__·_. -- --" _____._______"'.___._~w·__.'_~_·.·____________ _ ,W ~ _. - - neighborhood. IN RE: NEW BUSINESS h Request from Cycle Roanoke Valley. Inc. to increase Financial sDonsorshiDs Level for the 1996 Tour DuPont. A-042396-14 Mr. Hodge received consensus from the Board to present this request for financial assistance for the 1996 Tour DuPont which will be in this area on May 6th. He advised that the an appropriation of $5,000 was made last year and recommended that the Board increase their support to $7,500 from the Economic Development Budget. Supervisor Johnson moved to appropriate $7,500 from the Economic Development Budget. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN REP PUBLIC HEARING CONTINUED Chairman Johnson announced that the following public hearing has been continued by the Planning Commission. Ordinance to rezone 88.53 acres from AG-3 to PCD, planned commercial development to allow commercial and recreational uses, located on the east side of the Blue Ridge Parkway at the north side of parkway bridge over the Roanoke River at Niagara Dam, vinton Magisterial 288 April 23, 1996 District, upon the petition of the Development Authority (AI Hammond) Industrial IN RE: COUNTY BUDGET WORK SESSION At 8:25 p.m., Supervisor Johnson moved to continue the budget work session for one hour and then adjourn to May 9, 1996 at 5:00 p.m. for a budget work session with the School Board at the School Administration Offices. The motion carried by a unanimous voice vote. The budget work session began with Kathy Claytor, acting Director, Human Resources Department, presenting the results of the salary survey results and the salary team recommendations. The team recommended that $260,000 be used for adjustments to the market average and that a five percent increase be given to remain at the market average. Supervisor Nickens asked for information about the number of employees above and below the average. Supervisor Eddy asked for a copy of all of the information pertaining to the salary survey, and requested that line item information for the budget be provided for the Board's review. Supervisor Johnson asked that reports be prepared showing a five percent increase for County and School with and without fringes included. It was the consensus of the Board to include in the budget no more than five percent for a salary increase for County and School personnel, and that all adjustments, including April 23, 1996 289 -- *--- .~ -- - ~~.._- .__.~_ _.~o_ - longevity, would be included in the five percent amount. The Board discussed the fact that they agreed to split new revenue with the Schools and the School's share was previously $2.065 million. with an additional $460,000 from the Business and Professional Operators License (BPOL), the Schools would receive an additional $230,000, and the total amount increase to $2.3 million. Ms. Hyatt and Mr. Robertson were asked to prepare new reports detailing the division of revenues. Mr. Robertson, Budget Manager, detailed the various requests for County contributions from social services, human services, cultural, educational and tourist agencies. He advised that a work session has been scheduled for the evening of May 14, 1996 with these agencies and the Fire and Rescue Chiefs Board. He reported that public hearings for the proposed budget, Capital Improvement Plan and BPOL increases will be held on May 28, 1996. He distributed an updated budget calendar of events. IN RE: ADJOURNMENT At 9:35 p.m., Chairman Johnson declared the Board was out of work session and the meeting adjourned to 5 p.m. (Note: later changed to 8:30 p.m.) on Thursday, May 9, 1996, for a joint work session with the School Board at the School Administration Offices. Submitted by, Approved by, 290 April 23, 1996 ¡:= 1:= ~~~ß- Brenda J. Holton Deputy Clerk to the Board