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HomeMy WebLinkAbout1/26/1993 - Regular r' 040 January 26, 1993 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 January 26, 1993 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 I month of January, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens 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, Informationl Officer '.,~"" ~:-?' , ~ 1 I I "'l1lI January 26, 1993 04 '1 IN RE: OPENING CEREMONIES The invocation was Assistant County Administrator. by all present. given by John M. Chambliss, Jr., The Pledge of Allegiance was recited , , IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix added Item 10 to the Consent Agenda, Approval of raffle permit for Unity of Roanoke Valley. County Attorney Paul Mahoney advised that Item D.6, Adoption of a resolution authorizing the-acquisition by eminent domain for the Bushdale Road Rural Addition Project, was being deleted as it was no longer necessary. Mr. Mahoney added Item D.8, Discussion on proposed legislative action on recommendations by the Social Services Board. Mr. Mahoney requested delaying Item H. 3 , Ordinance authorizing a lease with the Roanoke Valley Youth Soccer Club, Inc., until the evening session so that the soccer club representative could be present. Mr. Mahoney advised that he will distribute a revised ordinance for Item R.2, Ordinance authorizing a Special Use Permit to allow summer concerts upon the petition of The Easter Seal Society of VA. Supervisor Éddy added an Executive Session Item 2.1-344 (A) (5) To discuss location of a prospective business. ~ r' \04 L January 26, 1993 ~ IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Resolution of Appreciation Upon the Retirement of Freeda Bailey. Department of Social Services. R-12693-1 Ms. Bailey was present to accept the resolution and a savings bond from Chairman Minnix. I Supervisor Nickens moved to adopt the resolution. The motion carried by the fOllowing recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None I RESOLUTION 12693-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FREEDA BAILEY FOR OVER 24 YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, Freeda Bailey was first employed in July, 1968 as a Clerk Typist in the Department of Social Services; in 1970 was promoted to Eligibility Technician and in 1972 was promoted to Eligibility Supervisor, and continued in this position until her retirement; and WHEREAS, during her employment, Freeda Bailey served as the ADA and civil Rights Coordinator, Social Service Resource for Emergency Services Delivery, and the Coordinator and Supervisor for the Energy Assistance Program; and WHEREAS, 'Freeda Bailey was always willing to offer her I expertise and knowledge to other units within the Department of Social ~ "'l1lI ~ January 26, 1993 043 , Service and often provided direct on-line service to customers; and WHEREAS, Freeda Bailey, 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 FREEDA BAILEY for over 24 years of capable, loyal and dedicated service to RO'lnoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. I On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None h Resolution of Appreciation Upon Retirement of Carrie Lester, Clerk of Circuit Court's Office. R-12693-2 Ms. Lester was present to accept the resolution and a savings bond from Chairman Minnix. Supervisor Johnson moved to ~dopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix I NAYS: None ~ ~ r' 04 ~ January 26, 1993 ~ RESOLUTION 12693-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CARRIE E. LESTER FOR OVER 20 YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Carrie E. Lester was first employed in March, 1972, as a Clerk Typist in the Office of the Clerk of the Circuit Court; and WHEREAS, Carrie E. Lester has served for the majority of her career as a Deputy Clerk of Circuit Court handling real estate recordations and indexing in the Office of the Clerk of the Circuit Court; and WHEREAS, Carrie E. Lester has always shown a strong sense of care and compassion in dealing with the public; and WHEREAS, Carrie E. Lester, through her employment with 'I life' Roanoke County, has been instrumental in improving the quality of 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 CARRIE E. LESTER for over 20 years of capable, loyal and dedicated service to Roanoke County. 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: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix I NAYS: None ~ ~ I I "'l1lI 045 January 26, 1993 h Recoqnition of "Extra Mile Club" Members for their Customer Service Efforts. (Anita Hammerstrom, Training Coordinator) Ms. Hammerstrom reported that 187 nominations had been received from May 1, 1992, through October 30, 1992, from citizens, employees and Board Members who wished to recognize employees who went the "extra mile" in providing cùstomer service. Half of this group was recognized at the December 15, 1992 board meeting and the other members of the group were recognized at this meeting. IN RE: NEW BUSINESS h Request for Appropriation of Funds for Rutrouqh Road Improvements for Virqinia's Explore Park. (Joyce Wauqh, Economic Development Specialist) A-12693-3 Ms. Waugh advised that in order to ensure Virginia's Explore Park opening on schedule in Spring, 1994, a public access to the park is necessary since the Blue Ridge Parkway extension is not scheduled to be completed until 1996. It is being proposed that Rutrough Road be used as public access for an interim period. If Rutrough Road is used, it should be incl~ded in the six-year construction plan so that the Virginia Department of Transportation (VDOT) can begin planning the upgrade. There is a scheduled public hearing on this amendment to ....l1lI1 r' 046 . January 26, 1993 the six-year plan at the evening session. Ms. Waugh advised that Roanoke County's cost for the road improvements will be $350,000, and this amount will be matched by VDOT, for a total of $700,000. Briefings to the board on the status of the Explore project were made by Dr. Norm Fintel, member of the River Foundation and Virginia Recreational Facil i ties Authority, and Dr. Rupert Cutler, Park Education Director, wi th . the assistance of Richard Burrows, Project Manager. Dr. cutler informed the Board members that without this public access, the 1994 opening of the Explore Park would not be possible. He also advised that Rutrough Road would not be used as a public access after the Park extension is opened in 1996, but would used as a service road. bel Supervisor Minnix advised that he would vote against approving the appropriation because of the current economic conditions, but he did support the Explore Project and made a personal donation. Supervi,sor Eddy was concerned about putting this amount of money into upgrading Rutrough Road when the 1994 opening of Explore Park was not guaranteed. Supervisor Nickens moved to approve appropriation of $350,000. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisor Eddy, Minnix h Request from Board of Social Services to Desiqnate the I ~ ~ I I "'l1lI January 26, 1993 047 Department of social Aqency. ( Dr. Bet ty Services) Services as a Jurisdiction-Wide McCrary, Director of Social A-12693-4 Dr. McCrary advised that the Department of Social Services is a local agency which receives State and Federal funding, and must adhere to the personnel guidelines and mandates set forth by the State Department. This situation causes problems because the guidelines for the State are not always the same as for other employees of Roanoke County. Dr. McCrary advised that the Board of Social Services is requesting that the Department of Social Services become a locally administered agency effective January 1, 1994, with the compensation portion effective June 1, 1993. This would allow Roanoke County to administer the classification, compensation and personnel plan for the Social - Services employees. The current Administrative Board would become an Advisory Board as of June 1, 1993, and the Director of Social Services would report to the Roanoke County Administrator. Supervisor Johnson expressed his concern that the employees of the Department of Social Services were not sufficiently informed of this pending change. Dr. McCrary indicated that she would be willing to hold staff meetings with the employees to provide more information. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Minnix ~ r' 048 January 26, 1993 NAYS: Supervisors Johnson, Kohinke ~ h Report on Parks and Recreation Proqrams to be Located at the Proposed Community Recreation Center. (Debbie pitts, Assistant Director of Recreation) A-12693-S Ms. pitts advised that a task force from the Parks & Recreation Department studied the relocation of programs to the Roanoke County Administration Center facility to establish the first Roanoke County Community Recreation Center. The task force's number one priority was customer service. They recommended that the Senior Citizens section, Therapeutic Recreation Services, the Leisure Artsl Section and the Administrative Sections be relocated. Ms. pitts also reported that the first teen center in the Valley will be established as part of the Roanoke County Community Recreation Center, and ten teenagers are willing to serve on the steering committee. Ms. pitts advised that a community meeting was held with residents of the Pinkard Court neighborhood to get their input about future uses of the Leisure Arts Center. Supervisor Johnson moved to approve the relocation. Supervisor Eddy made a substitute motion to defer until the February 9, 1993 meeting to get more information on space allocation AYES: Supervisors Eddy I and programs. The ,motion was denied by the following recorded vote: ~ ~ "'l1lI January 26, 1993 04 y I I NAYS: Supervisor Johnson, Kohinke, Nickens, Minnix Supervisor Johnson moved to approve the relocation. motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix NAYS: None The ~ Request to Declare the Oqden Senior Center Property to be Surplus and to Beqin Efforts to Market Said Property. (Paul M.Mahoney, County Attorney) A-12693-6 Mr. Mahoney was present to answer questions. In response to Supervisor Eddy's inquiry about funds to pay for the environmental audit of the property, Mr. Mahoney advised these would come from the Economic Development Capital Fund. Supervisor Nickens suggested that the property be marketed for the best price available since it is in a strategic location. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None h Request for an Additional Appropriation to the 1992-93 Budqet for the Reqional Special Education Board. (Dr. Eddie Kolb, Roanoke County Schools) A-12693-7 ~ r' 050 January 26, 1993 Dr. Kolb advised that the Roanoke City School Board has added a preschool Severe Profound Handicap Program, housed in Roanoke ci ty , through the Regional Special Education Board, at a cost of $58,962. Since Roanoke County is the funding agent for the Regional Board, an appropriation of $58,962 is being requested to the Regional Special Education Board's budget for 1992-93. There was no discussion. Supervisor Nickens moved to appropriate the $58,962. The motion carried by the following recorded vote: AYES: Supervisors Eddy, 'Johnson, Kohinke, Nickens, Minnix NAYS: None .L.. Adoption of a Resolution Authorizing the Acquisition by I Eminent Domain of a .038 Acre Strip from Donald L. Draper and Marv Mills Draper for the Bushdale Road Rural Addition Proiect. (Paul Mahoney, County Attorney) Mr. Mahoney stated that this item was no longer necessary and it was deleted. ~ Request for su~port for Merqer of Roanoke Valley Economic Development Departments. A-12693-8 Mr. Hodge advised that Supervisor Nickens has Roanoke County approach the elected officials of the suggested that I other Roanoke ~ 1 "'l1lI January 26, 1993 05 1 I Valley governments to see if there would be any interest in pursuing regional cooperation through the merger of the economic development departments. supervisor Eddy suggested that county staff explore the options and evaluate ways the regional approach could be implemented. Chairman Minnix announced that he had been invited to attend an economic development meeting of government heads on February 23, 1993, and suggested postponing any action until after that time. Supervisor Johnson expressed his concern at creating another quasi-governmental agency but had no objections to a study being made. Supervisor Kohinke advised that the Board had approved an economic development strategy for the County and he was reluctant to ask staff to make another study. Supervisor Nickens suggested that the Economic Development Partnership needs to be revitalized. Supervisor Eddy moved for staff to bring back ways to implement a regional approach to economic development, and prepare preliminary subjects for ~iscussion before Chairman Minnix's economic development meeting on February 23, 1993. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Minnix NAYS: Supervisor Kohinke Supervisor Eddy suggested that all the chambers of commerce in the area be included in future requests for any discussion on II economic development. ....l1lI1 r' o~ ~ January 26, 1993 h Discussion on Proposed Leqislative Action on~ Recommendation bv social Services Board. (Paul Mahoney, County Attorney) A-12693-9 Mr. Mahoney summarized the three requests for legislative action by the Roanoke County Social Services Board. He recommended that these requests be added to the 1993 Board legislative agenda. Supervisor Eddy moved to add the Social Services Board position on child abuse investigations, sexual assault commission and long-term care vision paper to 1993 Board legislative program. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix II NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Nickens moved to set a budget work session for February 9, 1993 board meeting. The motion carried by a unanimous show of hands. I IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Construct a Medical Office, Located at C-2 to C-l toll the Northwest h An Ordi:nance to Rezone 0.206 Acre from ~ 1 I I "'l1lI January 26, 1993 053 Corner of Brambleton Avenue and Pleasant Hill Drive, Windsor Hills Maqisterial District, Upon the Petition of Jackson Associates, Ltd. of Virqinia Corp. Supervisor Johnson moved to approve the first reading and set the public hearing for February 23, 1993. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: FIRST READING OF ORDINANCES ~ Ordinance Amendinq and Reenactinq Section 7-18, "Permit Fees" of Article II, "Buildinq Code" of Chapter 7, Buildinq Requ1ations of the Roanoke County Code to Permit MonthlY Billinq of Certain Permits. (Arnold Covev, Director of Enqineerinq & Inspections) Mr. Covey advised that the Department of Engineering & I~spections has been working with the various County departments to develop an Automated Billing System which would bill contractors on a monthly basis for trade and some building permits. Supervisor NiCkens moved to approve the first reading and that the ordinance to/be reworded for clarity. The motion carried by the following recorded vote: ~ r' 054 January 26, 1993 AYES: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix NAYS: None h Ordinance Amendinq and Reenactinq Chapter 14, Parades, of the Roanoke county Code. (Joe Obenshain, Sr. Assistant County Attorney) Mr. Obenshain advised that the County's parade ordinance should be clarified because of recent experiences with parades in Roanoke County and a recent decision of the united States Supreme Court which limits the ability of localities to charge fees. He advised that the proposed amendments are to strengthen the ability Ofl or the Chief of Police and Police Department to deal with unlawful - disruptive behavior during a parade, and provide a mechanism for assessing a fee limited to reasonable costs in providing traffic control for the parade. Supervisor Eddy suggested increasing the time for applying for the permit from 15 days to 30 days, and that the sponsor of the parade must notify the building occupants along the parade route. After discussion, Supervisor Johnson moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix NAYS: Supervisor Eddy, Nickens 'Before the second reading of the ordinance, Mr. Hodge was directed to get further input from each of the supervisors and toll review the ordinance with the Public Safety Team, especially the ~ "'l1lI ~ January 26, 1993 o~ ~ amount of fees and notification procedures. IN RE: CONSENT AGENDA R-12693-10 Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None II RESOLUTION 12693-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 26, ,1993, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each 'item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Approval of Minutes - December 1, 1992; December 15, 1992, December 31, 1992, and January 4, 1993. - 2. Acknowledgement of Acceptance of 0.07 Miles of Elizabeth Drive into Secondary System by the Virginia Department of Transportation. II 3. Donation of Drainage Easement in Connection with the West River Road Project (P-71) to County of Roanoke. 4. Acceptance of Shrewsbury Court into the Virginia ~ r' 056 January 26, 1993 ~ Department of Transportation Secondary System. 5. Appointment of Terrance L. Harrington as Alternate Subdivision Agent for Roanoke County. 6. Resolution Concerning the certification of Roanoke County's Community Policy and Management Team. 7. Request for Approval of a Raffle Permit for the Catholic Charities of Southwest Virginia. 8. Acceptance of Flintlock Road Road Project. Donation of Drainage Easement for in Connection with the Hunting Hills 9. Ratification and Confirmation of the Donation and Acceptance of a New Tank Lot and Related Waterline and Access Easements in Connection with the Starkey Road Water System Project. 10. Request for Approval of Raffle Permit from Unity of Roanoke Valley. 2 . That the Clerk to the Board is hereby authorized and I 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, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLUTION 12693-10.c REQUESTING ACCEPTANCE OF SHREWSBURY COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the II from proceedings herein, and upon the application of Shrewsbury Court ~ "'l1lI 1 January 26, 1993 057::... the Intersection of Chippenham Drive (state Route 1980) to the cul-de- sac to be accepted and made a part of the Secondary System of state Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) -foot right-of-way for said road have heretofore been dedicated by virtue of certain maps known as Kingston Court, section 2 and section 5, Subdivision which maps were recorded in Plat Book 10, Page 58 and Plat Book 13, Page 87, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 7, 1987 and April 24, 1991, respectively and that by reason of the recordation of said maps no report from a Board of Viewers, nor I consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as Shrewsbury Court and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None II RESOLUTION 12693-10.e CONCERNING THE CERTIFICATION OF ROANOKE COUNTY'S COMMUNITY POLICY AND MANAGEMENT TEAM ....l1lI1 r' o~ 8 January 26, 1993 WHEREAS, the Board of Supervisors of Roanoke county,~ Virginia, appointed the various members of Roanoke County's Community Policy and Management Team on October 27, 1992; and WHEREAS, certification requirements dictate that the Fiscal Officer and Legal Representative must be specifically ,appointed by the governing body; and WHEREAS, Roanoke County has chosen to operate as a single jurisdictional CPMT. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County that the Roanoke _ County Community Policy and Management Team will function as a single jurisdictional team; and BE IT FURTHER RESOLVED, that Diane Hyatt, Director Ofll Finance for the County of Roanoke, is hereby designated as Fiscal Officer for the CPMT and Joseph Obenshain, Senior Assistant County Attorney, is designated Legal Representative for the CPMT; and BE IT FURTHER RESOLVED, that the audit of said monies and accounts of the CPMT will become a part of the general audit of the County of Roanoke as supervised by the County's Director of Finance. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND ~NQUIRIES OF BOARD MEMBERS I ~ ~ I I "'l1lI 05 9 #.! January 26, 1993 Supervisor Kohinke: (1) He has been meeting with the civic leagues, and expressed his appreciation to John community Chambliss, Spencer Watts and Mr. Hodge for their assistance. (2) He advised that he attended the 30th Anniversary banquet of the Fort Lewis Volunteer Fire Department. Supervisor Eddv: (1) He advised that while attending the meeting of the Virginia Association of Planning District Commissions in Richmond recently, Mr. George Foresman, Director of the Local Affairs Division, state Department of Emergency Services, was very complimentary of several members of County staff. Mr. Foresman was optimistic about that the County would receive a FEMA grant and advised that the County should know by mid-February. (2) He asked Mr. Hodge for an interpretation of a recent letter regarding the location of the Visitor Center on the Blue Ridge Parkway. Mr. Hodge advised that he feels this is a request for reaffirmation of the Board's recommendation on the visitor Center, and he will send the information again. (3) He asked for an update on Charter amendment for hotel/motel tax. Mr. Mahoney advised that the Subcommittee passed the bill with 50% of new revenues allocated to tourism. In Committee, Senator Bell amended the bill to provide 100% of new revenues to go to tourism activities. If the legislature gets out of the Senate and to the House, Mr. Mahoney will ask direction from the Board. Supervisor Nickens: (1) He announced that Mrs. Angela McPeak was being employed as the Cable Television Government Access Manager effective February 1, 1993. (2) He suggested setting the tax rates at the last meeting in March rather than April so that the bills ~ II'" 060 could be issued sooner. January 26, 1993 He has been informed that the Treasurer, ~ Commission of Revenue, and Management Information System Department feel this can be done. Supervisor Kohinke and Supervisor Eddy" requested that more information be brought back from staff. Supervisor Eddy suggested a possible machinery and tools tax increase. Mr. Hodge will bring back more information at the next Board meeting. (3) He \ again requested that he be provided with copy of the form used for the machinery and tools tax audit. (4) He requested a copy of the ) budgets for the constitutional officers when they are submitted to the State Compensation Board. (5) He requested that the Board oppose any mandate from the General Assembly for free textbooks. It was the consensus of the Board to add this to the Legislative Program. the I Supervisor Johnson: (1) He expressed his concern about influences being exerted on the passage of the amendment to the charter bill concerning transient occupancy tax. (2) He reported that Roanoke City's vacancy on the Airport Commission should be filled by next month. Supervisor Minnix: (1) He announced that he will be attending an economic development meeting of government heads on February 23, 1993, and asked for input from the supervisors and staff. IN RE: REPORTS Supervisor Nickens moved to receive and file the fOllOWingll reports after discussion of Items 5 and 9. The motion carried by a ~ "'l1lI 1 January 26, 1993 06 1 unanimous voice vote. ~ General Fund Unappropriated Balance h Capital Fund Unappropriated Balance h Board continqency Fund ~ statement of Revenues and Expenditures as of December 31, 1992. h Report on the Boundarv Line Adiustment Between the city of Roanoke, Town of vinton and County of Roanoke (Vineyard Park-Berkley Court-Daleton Avenue) .L.. Report on the 1991 Water proiects. h Report on the Roanoke Valley Resource Authority Solid Waste Facilities. h Report on Bond Proiects. II .L.. Report on Compensation to County for Riqhts-of-Ways. IN RE: EXECUTIVE SESSION At 6:25 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) Discussion on the acquisition of real property for public library purposes, and leases and other proposed uses of the Travelers Building. (7) For consultation with legal counsel, and briefings by staff and consultants concerning contract negotiations requiring legal advice. (7) Consultation with legal counsel concerning potential litigation; clean up of an illegal dump. (5) To discuss location of a prospective business. The motion carried by the following recorded I vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix ~ r' 062 January 26, 1993 ~ NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION Because the Executive Session could not be completed before reconvenement for public hearings at 7 p.m., the Executive Session was postponed until the end of the evening meeting. IN RE: RECESS The Board took a dinner recess. IN RE: RECONVENEMENT present. Chairman Minnix reconvened the meeting at 7:05 p.m. with allll IN RE: PUBLIC HEARINGS h Public Hearinq and Adoption of the Secondary Road System Six-Year Construction Plan for Fiscal Year 1992- 93 Amended To Add Rutrouqh Road. R-12693-11 Mr. Covey advised that the Secondary Road System Six-Year Construction Plan needs to be amended in order to include Rutrough Road as Priority #63 and allocate funds for this fiscal year. The public hearing is being held only for the addition of Rutrough Roadll and the Six-Year Construction Plan will be updated in 1994 with ~ 1 I I "'l1lI January 26, 1993 063 allocations for funding reviewed in July, 1993. Mr. Jeff Echols from the Virginia Department of Transportation was present. Mr. Cecil Bollinger, 3689 Rutrough Road, advised that he was concerned that the residents were told that Rutrough Road would not be used as an access to Explore Park, and now this is changing. Supervisor Nickens advised that it was agreed that Rutrough Road would not be used as an access point to the Explore Park, but it would be used as a construction and service entrance to that area. He further advised that a community group had been created to deal with the potential impact of the Explore Project on the residents of the area. He felt that the community is supportive of the upgrading of Rutrough Road for use for approximately two years as an access to the Explore Park. Supervisor Eddy advised that he would oppose this amendment because of his concerns about providing the funds for this road improvement which were discussed at the afternoon session. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLUTION 12693-11 APPROVING THE AMENDMENT TO THE SECONDARY SYSTEM SIX YEAR CONSTRUCTION PLAN FOR ROANOKE COUNTY FOR THE PERIOD OF 1992-98 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board does hereby approve and adopt the Secondary System ~ r' 064 January 26, 1993 as~ six Year Construction Plan as set out on the attached summary and reviewed and/or amended by the Board on Jan~ary 26, 1993, in accordance with the provisions of Section 33.1-70.01, of the Code of Virginia, 1950, as amended; and 2. That a public hearing was held on January 26, 1993, to receive comments on the addition of Rutrough Road to the Secondary System six Construction Plan for the period of 1992-98; and 3. That a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the Secondary System six Year Construction Plan by the Clerk to the Board. On motion of Supervisor Nickens to adopt the resolution, andl carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance to Vacate a 50 Foot Unimproved Riqht-of-way Referred to as Loman Drive and Shown on the Map of North Bur1inqton Heiqhts, section 1, Upon the Petition of Fred Holdren. (Arnold Covey, Director of Enqineerinq and Inspections) Mr. Covey advised that staff recommends vacating the right-II of-way as requested by the petitioner with the condition that a 20 ~ 1 ""I11III January 26, 1993 06 5 ~ I I foot sewer easement be retained because several homes in the area are not on County sewer. Mr. Dean C. Henson, 6911 Dallas Road, one of the adjoining property owners, expressed his concern that if the right-of-way is vacated, he will have to relocate the gravel driveway providing access to the rear of his property. He also advised that the right-of-way is used for access to the park and as a walkway by neighbors. Mr. Fred Holdren, 6906 Goff Road, representing the other three adjoining p:r;operty owners, McGlothlin, Donithan, and Holdren, spoke of their concern that traffic through the area on the unimproved right-of-way creates an unsafe situation. He indicated that they have no objections to it being used as a walkway but would restrict traffic. After further discussion, Supervisor Johnson moved to continue this item until the February 23, 1993 board meeting so that the parties and staff could reach agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None h Ordinance Authorizinq a Special Use Permit to Allow Summer Concerts, Located in Valleypointe, Hollins Maqisterial District, Upon the Petition of The Easter Seal Society of VA. (Terrv Harrinqton, Director of Planninq & Zoninq) .... r' 066 January 26, 1993 R-12693-12 ~ Mr. Harrington advised that this is the fourth consecutive year that Easter Seal Society of VA has been issued a permit from the Board to operate the summer concert series. The Planning Commission and staff recommends the approval of the permit with the following conditions for flexibility: (1) permit to be issued for a five year period, ending September 30, 1997, to be held on Lot #2, Valleypointe Phase One, unless the Zoning Administrator shall approve another location within Valleypointe Phase One; (2) maximum of twenty-five concerts shall be held each calendar year between the months of April and September; and (3) applicant shall comply with all Use and DeSiqnl Standards of the Zoning Ordinance. Ms. Susan Knight, Vice President, The Easter Seal Society of VA, Inc., thanked the Board for their assistance in establishing this successful fund raiser for Easter Seal and for Roanoke County being the host. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ORDINANCE 12693-12 AUTHORIZING A USE-NOT-PROVIDED- FOR PERMIT FOR A FIVE YEAR PERIOD TO ALLOW A MAXIMUM OF TWENTY-FIVE (25) CONCERTS PER YEAR TO BE HELD AT VALLEYPOINTE IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER SEAL SOCIETY OF VIRGINIA, INC. II on December WHEREAS, the first reading of this ordinance was held ~ "'l1lI 1 January 26, 1993 061 15, 1992, and the second reading and public hearing was held January 26, 1993; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on January 5, 1993; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a use-not-provided-for permit for a five year period ending September 30, 1997, allowing a maximum of twenty-five (25 ) summer concerts per year to be held from April until September of each I year on a certain tract of real estate containing 2.4 acres (part of Tax Map Number 37.07-1-14) (unless the Zoning Administrator shall approve another location within Valleypointe Phase One) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That the applicant has voluntarily proffered the following condi tions on the special use permit which the Board of Supervisors hereby accepts: II Applicant shall be responsible for complying with all Use and Design Standards contained in § 30-87-3 of the Zoning Ordinance. strategies for compliance shall be as generally outlined in the application materials dated November 13, 1992, and shall include the hiring of personnel to provide on-site security and direct traffic flow. Off-street parking areas shall be utilized as designated in the application materials. Adequate traffic lanes shall be preserved on all streets within Valleypointe. If parking is provided on Valleypointe Blvd., it shall be parallel parking only. 3. That this action is taken upon the application of The Easter ~ r' 068 January 26, 1993 Seal Society of Virginia, Inc. ~ 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: FIRST READING OF ORDINANCES Youth Soccer Club, Inc. for use of Real Roanoke vanevl Estate Located h Ordinance Authorizinq a Lease with the North of Glade Creek at Vineyard Park #2. (Paul Mahoney, County Attorney) Mr. Mahoney advised that this item was delayed from the afternoon session so that the soccer club representative could be present. Mr. Mahoney advised that the Roanoke Valley Youth Soccer Club, Inc. has developed a site plan for developing soccer. fields at Vinyard Parks No.2, and initially is seeking to develop the three fields closest to BerklßY Road. Mr. Chambliss reported on several items of concern in thel proposed lease agreement which were brought to his attention before ~ I II "'l1lI January 26, 1993 06 9 the meeting and will be discussed with the soccer club before the second reading of the ordinance: (1) level of insurance; (2) termination of lease; (3) roadways for the site; and (4) souths ide of Glade Creek. Mr. Chambliss advised that staff feels that the development of these fields in Vinyard Park No. 2 will enhance the soccer program for the County and the tournaments will help our tourism efforts. Mr. Tim Berry, representing the Roanoke Valley Youth Soccer Club, Inc., åddressed the Board and displayed the concept plan for the site. After discussion, Supervisor Nickens moved to approve the first reading of the ordinance with the ordinance to be revised after discussion with County staff and the soccer club on several issues. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix NAYS: None IN RE: EXECUTIVE SESSION At 8:10 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (3) Discussion on the acquisition of real property for pUblic library purposes, and leases and other proposed uses of the Travelers Building. (7) For const,ll tation with legal counsel, and briefings by staff and consultants "concerning contract negotiations requiring legal advice. (7) Consultation with legal counsel regarding potential ~ ,..- 07 0 January 26, 1993 litigation: clean up of an illegal dump. (5) To discuss location of a~ prospective business. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12693-13 At 10:08 p.m., Supervisor Nickens moved to approve the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix I NAYS: None RESOLUTION 12693-13 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 NOW, THEREFORE, I BE IT RESOLVED, that the Board of Virginia law. ~ 1 I I "'l1lI January 26, 1993 0'71 li~ Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. only public business matters lawfully exempted from open meeting requirements by virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 10: 10 p.m., Supervisor Johnson moved to adjourn. 'l'hE:: motion carried by a unanimous voice vote. .....