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HomeMy WebLinkAbout5/9/1995 - Regular ~ ~ May 9, 1995 2~ Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 9, 1995 The Board of Supervisors of Roanoke County, Virginia, met this day at 3 p.m. at the Brambleton Center, 3738 Brambleton Avenue, for the purpose of a budget work session; and at 7 p.m. I, at the Roanoke County Administration Center, this being th, second Tuesday, and the first regularly scheduled meeting of the month of May, 1995. IN RE: WORK SESSION 1. Joint Work Session with School Board Chairman Minnix advised that all Board members were present, and Mr. Frank Thomas , School Board Chairman, advised that all members of the School Board were present. School Superintendent Dr. Deanna Gordon reported that they have prepared a revised budget with changes based on the additional funds provided to the School Board. I There was discussion on the use of non-recurring revenues for recurring expenses, vehicle and school bus ....1 Ill""" 100 May 9, 1995 þ replacements, and elimination of the school maintenance reserve. Members of the School Board asked for a commitment from the Board of Supervisors on the amount of funds being appropriated to the School Board so that they could begin issuing personnel contracts. It was the consensus of the Board to make a moral commitment to approve funding for the School Board. Chairman Thomas invited the supervisors to attend the School Board presentation on the proposed new Cave Spring High School from the architectural and engineering firm. Members of the School Board left at 4:20 p.m. ~ County Budqet Work Session The Board members asked for reports describing the I venture capital fund, medical disability risk management fund and other funds listed in the proposed budget. John Cease, Chief of Police, advised that the previous 911 tax increase was committed to communications upgrade and would have to be increased again to provide funding for 800 MHZ system. Sheriff Gerald Holt advised that he did not recommend the regional jail approach because the new low bid state legislation allows the possibility of operation by a private company. Following discussion on the school bus garage, Mr. Hodge responded that he will provide more information. He also advised that the new computer system that records maintenance on I vehicles will help to determine which vehicles need to be ~ ~ I I .~ May 9, 1995 3M replaced. There was a discussion on proposed funding increases to social, human, and cultural service agencies, but no consensus on which organizations should receive increased funding. Jeff Swortzel and David Flynn, members of the Police Department Salary Team, presented their plan to resolve the Police Department inequities at a cost of $316,000. Mr. Hodge advised that a county-wide salary team is working on resolving all salary inequities at a cost of $400,000. He will bring back a report with details. It was the consensus of the Board to set a budget work session on the Capital Improvement Program and other budget issues on May 17, 1995, at 2:00 p.m. IN RE: RECESS Chairman Minnix declared a dinner recess at 6:03 p.m. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 7: 00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. Kohinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, ~ Ill""" J02 May 9, 1995 þ Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix announced that because Mr. Logan was unable to attend the meeting, his recognition would be postponed I until May 23, 1995. Mr. Mahoney added the following items to Executive Session pursuant to Section 2.1-344 A (7) a legal matter requiring legal advice; (3) disposition of the County's interest in certain publicly held real estate shown on the surplus property list; and (7) pending litigation, EEOC vs. Roanoke County. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ proclamation declarinq the weeks of April 30 - Mav 14, 1995 as Virqinia Heritaqe Tourism Weeks. Chairman Minnix presented the proclamation to Dr. John I Kern, Roanoke Valley Preservation Office, and Charles Blankenship ~ ~ I I ~ May 9, 1995 300 and George Kegley with the Preservation Foundation Board. Supervisor Kohinke moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Recoqnition of Larry A. Logan for his years of service to the County of Roanoke. This item was continued until May 23, 1995. IN RE: NEW BUSINESS ~ Request to become International. (Don Administrator) a member of Sister C. Myers, Assistant cities County A-5995-1 Mr. Myers reported that Roanoke County entertained its first visitor from Japan in 1990 as part of a program arranged by the Academy for State and Local Government in the United States and the Council of Local Authorities for International Relations in Japan. The County has also participated in the Virginia Local Government Management Association's Manager tó Manager program and there was an exchange of visits between Roanoke County and the City of Opole, Poland, funded though a grant from the U. S. Information Agency. Mr. Myers requested that the Board consider joining ~ Ill""" 304 May 9,1995 sister cities International which acts as a coordinator to encourage sister cities activities. David Lisk, Roanoke City Coordinator, was present to describe the sister cities Program. He recommended that the program be expanded to become the Roanoke Valley sister Cities Program and invi ted Roanoke County to join. He advised thë¡l.t under sister cities, 900 U. S. cities have been linked with 1400 foreign cities. In response to a question, Mr. Lisk advised that in addition to dues of about $200, other expenses would include an appropriation of $500 to the Roanoke Valley Program, and $500 for each sister city. He explained that the other expenses are funded by indi viduals or by grants, not by the participating city. Supervisor Eddy moved to approve joining the sister cities International Program. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Request for resolution Industrial Revenue Bonds Corporation. (Tim Gubala, Director) approvinq $5,500,000 for Hollins Colleqe Economic Development R-5995-2 Mr. Gubala advised that Hollins College Corporation is l þ I' I ~ I I ~ May 9, 1995 305 requesting the issuance of Industrial Revenue Bonds from the Industrial Development Authority. In 1988, the IDA approved $3 million to assist Hollins College in constructing a gymnasium, and they have requested that the 1988 bonds be refunded and new bonds totalling $5.5 million be issued to renovate academic and residential buildings and other improvements to the campus. Following questions regarding the use of the 1988 bonds, Supervisor Nickens asked for more background information on why it took seven years for Hollins College to refund the bonds. Supervisor Johnson moved to approve the resolution for industrial revenue bonds. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None APPROVAL OF RESOLUTION 5995-2 FOR HOLLINS COLLEGE CORPORATION FOR THE ISSUANCE OF $5,500,000 OF INDUSTRIAL REVENUE BONDS WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the application of Hollins College Corporation (the "College") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $5,500,000 (the "Bonds") (1) to refund the Authority's $3,000,000 Educational Facility Revenue Bonds (Hollins College), Series 1988, which were issued to assist the College in constructing a gymnasium of ~ ,.... 106 May 9. 1995 þ approximately 19,000 square feet, and/or (2) to assist the College in (a) renovating academic and residential buildings, (b) constructing a new roadway and parking lot, (c) constructing a new front entrance to the College Campus, and/or (d) acquiring and installing furniture, fixtures, machinery and equipment, all of which facilities (collectively, the "Project") will be located on the College's campus on u.s. Route 11 North in Roanoke County, Virginia (the "County") and will be owned and operated by the College, and has held a public hearing thereon; and, WHEREAS, it has been requested that the Board of Supervisors of the County of Roanoke (the "Board") approve the financing of the proj ect and issuance of the Bonds, and such approval is required for compliance with section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"); NOW, THEREFORE ,---BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board approves the financing of the proj ect and the issuance of the Bonds by the Authority for the benefit of the College, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. 2 . The approval of the issuance of the Bonds, as required by said Section l47(f), does not constitute an endorsement of the Bonds or the creditworthiness of the College or otherwise indicate that the proj ect possesses any economic viability. The Bonds shall provide that neither the Commonwealth l I I ~ I I ~ May 9, 1995 31)7 of Virginia (the Commonwealth) nor any political subdivision thereof, including the County and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefore and neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None ~ Request for Approval of Dental Insurance Contract. (Diane Hyatt. Finance Director) A-5995-3 Ms. Hyatt reported that the renewal rates from Delta Dental Insurance reflects a 7% increase over the prior year premiums. Funds are included in the proposed budget to pay the increase for current county and school employees. Ms. Hyatt advisdd that retiree claims are higher than current employee claims and they will be monitoring' the situation to determine whether to limit retirees dental coverage to the basic plan in ~ ,.... 108 May 9, 1995 þ the future. Following discussion, there was general agreement that the employees should pay for some of the increased premium. Supervisor Nickens moved to approve the dental contract with the following changes: 1995/96 employee premium for employee: $4.64, employee plus one: $12.92; Family: $27.16. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Request to establish a policy for the distribution of year-end surolus of the General Fund. (Diane I Hyatt, Finance Director) This item was continued until after the discussion at the Budget Work Session. No action was taken following the Budget Work Session. IN RE: REQUESTS FOR WORK SESSIONS ~ Reauest for work Session on May 16, 1995 to discuss the Capital Improvement Proqram. (Elmer c. Hodqe, County Administrator) It was the consensus of the Board to hold a work session on May 17, 1995 at 2:00 p.m. to discuss the cry. ~ Request for Joint Work Session with the Planning I ~ ~ I I ~ May 9, 1995 399 Commission on June 13, 1995 to discuss Zoninq Ordinance amendments for sinqle-wide manufactured homes. (Jon Hartlev, Assistant Director, Planninq and Zoninq) It was the consensus of the Board not to hold the work session. Supervisor Nickens asked for a work session on ridership demand for CORTRAN. Mr. Hodge will provide a report either on May 23, 1995, or June 13, 1995. IN RE: REQUESTS FOR PUBLIC HEARINGS ~ Public Hearinq on Road Improvements to Route 221. It was the consensus of the Board, with Supervisor Kohinke dissenting, to hold a public hearing after the Virginia Department of Transportation holds their public hearings on May 24 and May 25, 1995, to discuss Route 221 road improvement options. This public hearing by the Board is to be held before the Commonwealth Transportation Board makes a decision concerning this project. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizinq the exchanqe of certain real estate with Frank D. Porter III and Beverlv V. Porter, his wife. in connection with the "Lonqridqe" subdivision, and the south loop water ~ ,.... 3-lO May 9, 1995 þ transmission line. (Garv Robertson, utility Director) County Attorney Paul Mahoney advised that this ordinance authorizes the conveyance of certain real estate to the Porters in order to assist them with the development of a proposed subdivision known as Longridge. In exchange for this conveyance the ordinance authorizes the acceptance by the County of other real estate from Porter including easements for the South Loop Water Transmission line. Mr. Mahoney explained that there were very specific dates outlined in the ordinance to accomplish the transaction. Supervisor Nickens moved to approve the first reading I and set the second reading for May 23, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance vacatinq a portion of 50 foot riqht-of- way and temporary cul-de-sac known as Carolyn Circle, 50 foot riqht-of-wav known as Copeland Drive in its entirety and all public easements located within Block 2, Lots 29 and 30, Block 3, Lots 1 throuqh 4 and Block 1, Lots 26 throuqh 28 shown on the subdivision of Suqarloaf Hiqhlands, Section 1 located in the Windsor Hills Magisterial I ~ ~ I I ~ May 9, 1995 3i1 District, upon the petition of Frank D. Porter III and Beverlv Porter. (Arnold Covey, Director of Enqineerinq & Inspections) Mr. Covey explained that the petitioners are requesting vacation of the referenced right of ways and easement so that they may proceed with the development and platting of the Longridge subdivision. staff recommends approval of the vacation with the condition that the ordinance does not become effective until Longridge subdivision plat is approved by Roanoke County and recorded in the County Clerk's Office. Supervisor Eddy moved to approve the first reading and set the second reading for May 23, 1995. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance authorizinq the donation bv lease of office space in the Roanoke County Administration Center to the Friends of the Blue Ridqe Parkway. (Elmer C. Hodqe, County Administrator) Mr. Hodge explained that Friends of the Blue Ridge Parkway is a non-profit volunteer organization dedicated to preserving, protecting and promoting the Blue Ridge Parkway. They have been instrumental in the Parkway Coalition working with the County, parkway officials and private developers to resolve ~ Ill""" 312 May 9, 1995 viewshed and parkway protection issues. Mr. Hodge advised that the donation of office space will put the Friends main office in Virginia for the first time in two years. staff recommends approval of a lease terminable at will by either party with office space limited to approximately 200 square feet. The County will prov~ge all utility, janitor~~l and maintenance ~ ¡ services. Mr. Hodgè advised that Friends will use County phones, fax and copy machines, but these expenses will be reimbursed to the county by Friends of the Blue Ridge Parkway. Supervisor Eddy asked that the accurate square footage involved in the donation of office space be clarified in the ordinance before the second reading. Supervisor Nickens moved to approve the first reading and set the second reading for May 23, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~~:/ '.,¡' A' ft' " ~ Ordinance declarinq several parcels of real estate to be surplus and acceptinq offers for the sale of same. (Paul M. Mahoney, County Attorney) Mr. Mahoney reported that the ordinance will authorize the sale of four surplus well lots which were advertised in the Roanoke Times and World News on April 9, 1995. The County received four offers on April 25, but their identity, the amount, l þ I I ~ I I ~ May 9, 1995 ~ terms and conditions of the offers shall be kept confidential until the second reading. Supervisor Minnix moved to approve the first reading and set the second reading for May 23, 1995. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson h Ordinance authorizinq the financing of a local public works improvement, Bonsack Community sewer extension, for Michael Dunn. (Gary Robertson, utility Director) Mr. Robertson advised that three residents of the Bonsack Community have contacted the County for assistance in eliminating the release of raw sewage into the environment. Only one of these residents can install a septic system. The construction for the extension of the public sewer system is estimated at $20,000 plus off-site facility fees of $3,000. The County Administrator negotiated a total cost not to exceed $20,000 with each party required to pay $6,667. If the actual construction costs are less that the estimated amount, the property owners will be given the benefit; if the actual costs exceed $20,000 the County will be responsible for the increase. One of the property owners has requested that the County allow ~ Ill""" 114 May 9, 1995 þ l him to pay his portion over 10 years in accordance with provisions in Ordinance 112288-7. Supervisor Johnson moved to approve the first reading and set the second reading for May 23, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Ko.hinke, Eddy,r Nickens, Minnix "( ~ ~{ (; NAYS: None ~ Ordinance amendinq and reenactinq Article I, Chapter 4 Amusements of the Roanoke County Code· to conform this state posting ordinance with requlations for water quality and to provide authority to the Health Director to neqotiate recommendations at each swimminq Dool site on issues related to public health and safety without exercise of requlatory or enforcement powers. (JoseDh Obenshain, Sr. Assistant County Attorney) , % ~ Mr. Obenshain advised that in ~une 1994 the Board 1\.~' adopted additions to the County Code authorizing the Health Department to conduct inspections of public swimming pools. Since that time, the Virginia Department of Health has adopted regulations that are less stringent than the requirements in the Code. Additionally, comments have been received from owners of pools and companies that service pools with requests for changes in the provisions. I I ~ I I ~ May 9, 1995 315 Mr. Obenshain reported that after meetings with citizens involved in ownership, operation or maintenance of pools, the Roanoke County Health Department is recommending that it operate its inspection program in the form of a recommendation process, and not exercise any diréct enforcement powers. Mr. Ronald Ramsey, 6641 Poage Valley Road, spoke supporting the deletion of all regulations until they can be reconsidered. Mr. Joe Kennerly, formerly with the Roanoke City Health Department, was present, and advised that all Roanoke City pools have been certified since 1976. Supervisors Eddy and Nickens expressed concern about leaving an ordinance on record that would not be enforced. Supervisor Johnson moved to approve the first reading of the ordinance and set the second reading for May 23, 1995, and that the ordinance will provide recommendations for only one year. Supervisor Eddy amended Supervisor Johnson's motion to rescind the existing ordinance and authorize the Health Department to enforce safety at County pools in their best judgement until further action by the Board. The amended motion was defeated by the following recorded vote. AYES: Supervisors Eddy, Minnix NAYS: Supervisors Johnson, KOhinke, Nickens Supervisor Johnson's original motion to approve the first reading of the ordinance and set the second reading for May ~ Ill""" 3-16 May 9, 1995 23, 1995, carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizinq conveyance of easements to Appalachian Power Company and Bell Atlantic extendinq alonq Benois Road and across a surplus well lot. (John Willey, Property Manaqer) 0-5995-4 There was no discussion and 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 Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 5995-4 AUTHORIZING CONVEYANCE OF EASEMENTS TO APPALACHIAN POWER COMPANY AND BELL ATLANTIC EXTENDING ALONG BENOIS ROAD AND ACROSS A SURPLUS WELL LOT OWNED BY THE BOARD OF SUPERVISORS WHEREAS, Appalachian Power Company (APCO) and Bell Atlantic have requested easements for the relocation of existing pUblic utility easements across property owned by the Roanoke County Board of supervisors, located along Benois Road, and known as the Wheeler well lot; and, WHEREAS, APCO and Bell Atlantic require these easements as a result of a road widening project of the Commonwealth of l þ I I ~ I I ~ May 9, 1995 3=17 Virginia, Virginia Department of Transportation; and, WHEREAS, the proposed easements will serve the interests of the public and are necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 25, 1995; and a second reading was held on May 9, 1995. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company and Bell Atlantic for the provision of public utility services. 3. That donation of an easement for utility line(s) along Benois Road and the property known as Wheeler well lot is subject to the following conditions: (a) All costs and expenses of this relocation shall be paid by VDOT, APCO and Bell Atlantic; (b) VDOT, APCO and Bell Atlantic agree to restore and repair any damage to the County's property which may be caused by the construction, operation, or maintenance of said easement. (c) The existing APCO and Bell Atlantic utility easements are hereby abandoned and hereby reconveyed to ~ Ill""" 318 May 9, 1995 þ the County. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ~ Ordinance declarinq .06 acre of real estate (Public Service Center) identified as Tax Map No. 36.03-1-1, located off Kessler Mill Road and Interstate 81, to be surplus and acceptinq offer for sale. (John Willey. Property Manager) 0-5995-5 There was no discussion and no citizens present to speak on this ordinance. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None II l ~ I I ~ May 9, 1995 3i9 ORDINANCE 5995-5 DECLARING A PORTION OF A PARCEL OF REAL ESTATE (PUBLIC SERVICE CENTER) IDENTIFIED AS A PORTION OF TAX MAP NO. 36.03-1-1 CONSISTING OF .06 ACRE LOCATED OFF KESSLER MILL ROAD AND INTERSTATE 81 TO BE SURPLUS AND ACCEPTING 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, having been made available for other public uses, namely, the expansion of Interstate 81, is hereby declared to be surplus. 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on April 25, 1995; and a second reading was held on May 9, 1995, concerning the disposition of a portion of the parcel of real estate, known as the Public Service Center, consisting of .06 acre, and identified on the Roanoke County Land Records as a portion of Tax Map No. 36.03-1-1 located at Kessler Mill Road and Interstate 81 in the Catawba Magisterial District of the County of Roanoke, Virginia. 3. That an offer for said property having been received, the offer of the Commonweal th of Virginia, Virginia Department of Transportation to purchase this property for the sum of One Thousand Twenty ($1,020.00) Dollars is hereby accepted/rejected. 4. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the ~ Ill""" ~ May 9, 1995 þ sale of this real estate are to be paid into the capital improvements fund. 5. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None ~ Ordinance authorizinq the lease of 10.40 acres of real estate to Eurman V. Wiseman, Jr. (John Willey, Property Manaqer) 0-5995-6 There was no discussion and no citizens present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ORDINANCE 5995-6 AUTHORIZING THE LEASE OF l ~ I I ~ May 9, 1995 32-l 10.40 ACRES OF REAL ESTATE TO EURMAN V. WISEMAN, JR. 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 concerning the disposition of the hereinabove-described real estate was held on April 25, 1995. The second reading on this matter was held on May 9, 1995; and 2. This property consists of approximately 10.40 acres of real estate with improvements identified as Roanoke County Tax Map No. 73.00-1-6; and 3. That it is in the County's best interest to lease this property to Eurman V. Wiseman, Jr. , in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Spring Hollow Reservoir Project. This lease is subject to the provisions of Section 15.1-260 and Section 15.1-261.1 of the Code of Virginia, 1950, as amended; and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of ~ which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, ~ Ill""" 3-2.2 May 9, 1995 and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS ~ Clean Valley Council Supervisor Eddy expressed his interest at being reappointed for another two year term. This term will expire June 30, 1997. Supervisor Nickens advised that he will contact Vince Reynolds concerning reappointment. ~ Fifth Planninq District Commission Supervisor Kohinke advised that he did not want to serve another three year term as an elected representative. Supervisor Minnix---advised that Alfred C. Anderson would like to be reappointed for another three year term as an elected representative. Supervisor Eddy advised that he will contact Lee Osborne concerning appointment to the Executive Committee. Supervisor Nickens will contact Pat Dean concerning reappointment as a citizen representative. ~ Highway and Transportation Safety Commission Supervisor Eddy nominated Horace L. McPherson to serve another four year term which will expire June 30, 1999. ~ Parks and Recreation Advisory Commission l þ I I ~ I I ~ May 9, 1995 32J Supervisor Johnson nominated Tim Hoelzle to serve another three year term which will expire June 30, 1998. Supervisor Minnix nominated Jack Griffith to serve another three year term which will expire June 30, 1998. h Roanoke Valley Reqional Cable TV Committee Supervisor Nickens advised that he will contact James B. Dickey about serving another three year term which will expire June 11, 1998. ~ Virqinia Western Community College Board Supervisor Johnson nominated Geoffrey ottaway to serve another four year term which will expire June 30, 199. IN RE: CONSENT AGENDA R-5995-7; R-5995-7.b Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 5995-7 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 May 9, 1995, designated as Item M - Consent ~ ,.... 324 May 9, 1995 þ Agenda be, and hereby is, approved and concurred in as to each i tern separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - April 11, 1995 2. Proclamation declaring May 21 Industry Appreciation Week. 27, 1995 as 3. Adoption of a resolution in support of the Virginia Department of Transportation Secondary Road Project: Ranchcrest Drive and Merriman Road. 4. Donation of a 15-foot drainage easement on property of Scott stinson located on West River Road. 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 I this resolution. On motion of Supervisor Johnson to adopt the· Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 5995-7.b REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT 0613-080-226,C-501, RANCHCREST DRIVE AND MERRIMAN ROAD WHEREAS, the Virginia Department of Transportation held a location and design public hearing on March 30, 1995 for the purpose of- sOliciting public comment (s) on the proposed improvements to Merriman Road and Ranchcrest Drive. WHEREAS, the Board of Supervisors does hereby approve and support the improvements as proposed to Ranchcrest Drive and I Merriman Road as outlined in Roanoke County's six Year Construction Plan for Fiscal Years 1994-2000. ~ ~ I I ~ May 9, 1995 325 NOW, therefore, BE IT RESOLVED, that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office by the Clerk to the Board of Supervisors. Recorded Vote Moved By: Seconded By: Yeas: Nays: Supervisor Johnson None Required Supervisors Johnson. Minnix None Kohinke. Eddv. Nickens. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddy: (1) He asked about the resolution of the noise problem at Corrugated Container. Mr. Hodge advised that they are removing the motor from the roof. Chairman Minnix advised that Economic Development Specialist Joyce Waugh was following up on problem. (2) He asked about the ordinance that will provide the Police Department with authority over certain zoning· violations related to parking. Mr. Hodge reported that staff is still reviewing this ordinance and will bring it back on May 23, 1995. (3) He asked about the Organ and Tissue Donation Commission. Board Clerk Mary Allen advised that the Board response indicated support establishing the commission with the five localities who responded affirmatively, with Chairman Minnix sending letters to the localities that have not responded. (5) He asked for a response to his telephone survey suggestions. Ms. Green advised that his suggestions have been sent to Martin Research for their opinions. (6) He asked about Mr. Hodge's memorandum to Board members suggesting that changes be made to ~ Ill""" 326 May 9, 1995 þ the Citizen Comment procedures. Mr. Hodge advised that there was no consensus so he is making no changes at this time. (7) He advised that he felt the student Government Day activities went very well and that he was impressed with the students. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ~ Mr. Georqe Pierce, 8005 Olsen Road spoke reqardinq the reauirement to install an 8" sewer line to his new residence. Mr. piece requested a change in the sewer ordinance because he had to spend $17,080 to get an 8" sewer extension to his house which he felt was unnecessary. II Chairman Minnix requested that Mr. Hodge and County staff meet with Mr. pierce and report back to the Board. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General, Fund unappropriated Balance ~ Capital Fund Unappropriated Balance ~ Board Continqency Fund ~ Proclamation Siqned by the Chairman h QuarterlY ReÞort on Police Department Traffic unit I l ~ I I ~ May 9, 1995 327 IN RE: EXECUTIVE SESSION At 9: 30 p.m., Supervisor Nickens moved to go into Executi~e Session pursuant to the Code of Virginia section 2.1- 344 A (7) legal matter requiring legal advise; (3) disposition of the County's interest in certain publicly held real estate shown on surplus property list, and (7) pending litigation, EEOC vs. Roanoke County Police Department. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-S99S-8 At 10:02 p.m. , Supervisor Eddy moved to return to open , session and adopt the certification Resolution regarding legal matters only. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 5995-8 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 ~ Ill""" 32S May 9, 1995 County, virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE Supervisors of Roanoke County, IT RESOLVED, that the Board of 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 þ 2. Only such public business matters as were identif ied in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of I Roanoke County, Virginia. On motion of Supervisor Eddy to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: EXECUTIVE SESSION At 10:02 p.m., the Board returned to Executive Session to discuss disposi tion of real estate on the surplus property list as described in the original motion. Supervisor Johnson was absent. IN RE: CERTIFICATION RESOLUTION R-S99S-9 l I ~ I I ~ May 9, 1995 329 At 10:03 p.m., Supervisor Eddy moved to return to open session and adopt the Certification Resolution regarding the surplus real estate. The ~otion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson RESOLUTION 5995-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2 . Only such public business matters as were ~ Ill""" YO May 9, 1995 þ identif ied 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 Eddy to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: ADJOURNMENT At 10:11 p.m., Chairman Minnix adjourned the meeting to 2:00 p.m., Wednesday, May 17,1995, for the purpose of work I sessions on the budget and the Capital Improvement Program. Submitted by, Approved by, Y'n~;t:/.~ Mary H. Allen, CMC Clerk to the Board f! ~ AA-'~ ¿ ~ , Minnix I l