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HomeMy WebLinkAbout5/11/1993 - Regular ~ 307 May 11, 1993 [ç (r·· .f~ ,-·.~"h. 'Ì\' .~7 j:~' ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 May 11, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of May, 1993. I IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 03 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; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Kenneth I Stofft, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. ....II1II JII"" ..308 May 1,1, 1993 ~ IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Recoqnition of Boyd E. Loomis for over 25 years of Volunteer Service to Roanoke County. R-51193-1 Chairman Minnix presented Mr. Loomis with a resolution and plaque recognizing his 43 years as a volunteer for Roanoke County. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 51193-1 OF APPRECIATION TO BOYD E. LOOMIS FOR OVER 25 YEARS OF VOLUNTEER SERVICE TO THE COUNTY OF ROANOKE I WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens of the County, and has established a Quarter Century Club for the I .... I I ~ May 11, 1993 309 volunteers who have served for over 25 years; and WHEREAS, Boyd E. Loomis has served as a volunteer at Mt. Pleasant Rescue station since February 1, 1950, and is eligible for membership in this club. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on the behalf of the citizens of the County, does hereby express its deepest appreciation to BOYD E. LOOMIS for over twenty-five years of service as a volunteer with the Roanoke County Fire and Rescue Department; and FURTHER, BE IT RESOLVED, that Mr. Loomis is hereby certified as a member of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Proclamation Declarinq the Month of MaYas Bicycle Month and May 18. 1993 as Bike to Work Day in Roanoke County. Chairman Minnix presented the proclamation to Greene Lawson, Vice President for Public R~lations, Blue Ridge Bicycle Club. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix .... JII"" '51 0 May 11, 1993 ~ NAYS: None IN RE: NEW BUSINESS ~ Budqet Work Session and Consideration of Adootion of the Fiscal Year 1993-94 Budqet. fReta Busher. Management and Budqet Director) Work Session At 3:15 p.m., a work session on the budget was held. Mr. Hodge advised that he had made changes to the budget that were requested at the April 27 work session. The following issues were discussed: (1) It was the consensus of the Board to have work sessions in July or August on the E-911 tax increase and machinery and tools tax increase and methodology change. (2) Mr. Hodge requested a work session on Parks & Recreation fees in July. (3) Mr. Hodge will provide information to the Board on a "Paid Time Off" policy. Adootion of Budqet A-51193-2 I Supervisor Nickens moved to adopt the budget. Supervisor Johnson offered a substitute motion to adopt the budget with preferred full implementation of the salary survey effective 10/1/93 and $50,000 funded for Explore operating expenses and $50,000 funded for capital expenses contingent upon matching 3 to 1 contributions from other sources. The motion was withdrawn. I ~ I I ~ May 11, 1993 311 Supervisor Johnson offered another substitute motion to adopt the budget with preferred full implementation of the salary survey effective 10/1/93. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisors Eddy, Nickens, Minnix Supervisor Nickens moved to adopt the budget with funding for Explore as follows: $50,000 for operating expenses and $50,000 for capital expenses contingent upon 3 to 1 ($150,000) matching contributions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens NAYS: Supervisor Minnix ~ Request for Fifth District Emoloyment and Traininq Consortium (FDETC) to Locate a Community Resource Center in a County owned Buildinq. (Tim Gubala. Economic Deve1o~ment Director) A-51193-3 Vickey Price, Director of the Fifth District Employment and Training Consortium, requested that the Board of Supervisors allow the FDETC to use the former Registrar's Office for a Community Resource Center for a two year period to assist dislocated workers from Gardner Denver and Dominion Bank. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: .... ,... 312 May 11, 1993 ~ AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None h Request for Aooroval for Renewal of Health Insurance Contract for County and School Emoloyees. (Diane Hyatt. Finance Director) A-51193-4 Ms. Hyatt requested that the Board adopt a rate schedule for Blue Cross/Blue Shield of Virginia to provide healthcare for County and School employees. She 'advised that the rates represent a 10% decrease in County rates and a 4% increase in school rates. She also presented rates for an employee and I one dependent. Supervisor Johnson moved to approve the renewal of contract. The motion carried by the' following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Request for Authorization to Execute a Contract for an Enerqy Manaqement System. (Homer Duff. Roanoke County Schools) A-51193-5 Mr. Duff requested that the Board authorize the lease- purchase financing agreement and approve a contract with Johnson I Controls for an Energy Management System. He advised that no additional funds would be needed because Johnson Controls '\ ~ ~ Hay 11, 1993 313 ~ guaranteed energy savings would offset the cost of the equipment and the maintenance contract. Following discussion and questions regarding the contract, Supervisor Nickens moved to approve execution of the contract. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy IN RE: OLD BUSINESS ~ Request for Aoproval of Finance Agreement with Richfield for Payment of Water Connection Fee. (Clifford Craiq. Utility Director) (CONTINUED FROM APRIL 13. 1993 AND APRIL 27. 1~93) I A-51193-6 Mr. Craig advised that Richfield has requested to be allowed to pay the water connection fee over a two year period with no interest. The ordinance required that interest be included at a cost of $16,680. Mr Craig recommended that the Board approve a finance agreement authorizing the $16,680 interest payment from the General Fund Unappropriated Balance. Supervisor Nickens moved to approve the agreement. The motion carried by the following recorded vote: AYES: Supervisors JOhnson, Eddy, Nickens, Minnix II NAYS: Supervisor KOhinke ~ ,... 31' 4 ,; May 11, 1993 IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge was directed to set up work sessions on E-911 tax, machinery and tools tax, and parks and recreation fees. IN RE: FIRST READING OF ORDINANCES ~ Ordinance to Increase the Salaries of the Members of the Board of Suoervisors Pursuant' to section 3.07 of the Roanoke County :Charter and section 14.1-46.01:1 of the Code of Virqinia (Paul Mahoney County Attorney) There was no discussion. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for May 25, 1993. The motion carried by the fo:lowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens NAYS: Supervisor Minnix ~ Ordinance Donating' Roanoke county's Interest in certain Real Estate to the Virqinia De~artment of Transoortation for Rutrouqh Road Imorovements. (Joyce Wauqh. Economic Develooment specialist) Ms Waugh advised that all members of the Roanoke Valley Regional Solid Waste Management Boar have been requested to approve the donation which will widen the right-of-way on Rutrough Road. Supervisor Johnson moved to approve the first ~ ~ 'I II ~ May 11, 1993 '31'5 reading and set the second reading for May 25, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Amendinq the' Roanoke County Code bY Amendinq and Reenactinq Section 18-168 Schedule of Charges bY providinq for Establishinq an Increase in Sewer Use Rat&s. (Diane Hyatt. Director of Finance) There was no discussion. Supervisor Kohinke moved to and set the second reading and public The motion carried by the following approve the first reading hearing for May 25, 1993. I recorded vote: 1 AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None h Ordinance Authorizinq Amendments. Extensions. and Terminations of Leases in Connection with Office Soace and the New County Administration Center and Aporooriation of Revenue (Paul H. Mahoney. County Attorney) Assistant County Attorney Vickey Huffman reported that the proposed ordinance would authorize certain amendments, extensions and terminations of leases pertaining to the new County Administration Center and would appropriate the funds generated from the leases. .... JII"" 316 May 11, 1993 ~ Following discussion, Supervisor Nièkens moved to approve the first reading of the ordinance and set the second reading for May 25, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens NAYS: None ABSTAIN: Supervisor Minnix IN RE: SECOND READING OF ORDINANCES ~ Ordinance Establishinq A Procedure to Enforce the Prohibited Discharqe of Stormwater Surface Water. Groundwater. Roof Runoff or Subsurface Drainaqe into the Public sani tary Sewer System. by Requirinq certain Corrections to Buildinqs or Structure. Penalties for Noncomoliance. Disconnection. and Aooeals from Such Determinations. (Clifford Craiq. utility Director) 0-51193-7 Following discussion on revisions to the ordinance, Supervisor Kohinke moved to adopt the ordinance with the revisions requested at the April 27, 1993 meeting. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ 1 II I II ~ Hay 11, 1993 317 . ORDINANCE 51193-7 ESTABLISHING A PROCEDURE TO ENFORCE THE PROHIBITED DISCHARGE OF STORKWATER, SURFACE WATER, GROUNDWATER, ROOF RUNOFF OR SUBSURFACE DRAINAGE INTO THE PUBLIC SANITARY SEWER SYSTEM, BY REQUIRING CERTAIN CORRECTIONS TO BUILDINGS OR STRUCTURES, PENALTIES FOR NONCOMPLIANCE, DISCONNECTION, AND APPEALS FROM SUCH DETERMINATIONS WHEREAS, the Federal Water Pollution Control Act (also known as the Clean Water Act, 33 U.S.C. 1251, et sea) declares a national goal to eliminate the discharge of pollutants into the navigable waters of this country, and that Roanoke County's Sewer Use Standards ordinance has been adopted to implement this goal, and, WHEREAS, the 1972 sewer agreement between Roanoke County and Roanoke City further implements this national goal by authorizing and requiring certain sampling and inspection actions concerning the discharge of wastes into the public sewer system, and, WHEREAS, the State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia, 1950, as amended) also regulates and controls the discharge of sewage and pollutants into the waters of the Commonwealth, and, WHEREAS, Section 15.1-855, of the Code of Virginia, authorizes the regulation. and inspection of public and private sewers, and further to prevent the operation of such sewers when they are likely to contribute to the pollution of public or private systems, and, WHEREAS, the first reading of this ordinance was held on April 27, 1993, and the second reading of this ordinance was ~ ,... 318 May 11, 1993 ~ held on May 11, 1993. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of Chapter 18, "Sewers and sewage disposal" be amended to read and provide as follows: Sec. 18-156.1. Purpose. It is the policy of this County and the purpose of this ordinance to establish a separate procedure for the enforcement of the Sewer Use Standards (Article IV of Chapter 18 of the Roanoke County Code) arising from the actual or potential illegal discharge of unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. The inflow or infiltration of stormwater into the public se\Jer system constitutes a direct threat to public health, safety and welfare, since this discharge or infiltration overloads the pUblic sewer system, thereby, causing sewer overflows and sewer backups into homes and businesses. This discharge or infiltration increases the cost and expense to all sewer users and all County citizens, since the overloads to the sewer system result in higher operating costs at the regional sewage treatment plant and higher capital costs for expansions of the public sewer system. Sec. 18-156.2. Determination by utility Director. (a) The Utility Director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with ~ 1 I I I ~ Hay 11, 1993 319 respect to the actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. (b) A determination with respect to an actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following: (1) estimate or measurement of quantity of inflows and/or infiltration that could occur based on the 2-year rainfall event established fer Roanoke County using the Virginia Department of Highways and Transportation Drainage Manual. (2) quantity of inflow and/or infiltration shall be in gallon per day. (3) estimate of quantity shall be site specific taking into consideration physical characteristics of the site as they relate to the potential or actual inflow and/or infiltration. (c) The utility Director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of ~ ,... 320 Hay 11, 1993 ~ this ordinance or of Section 18-156 of this Code. This notice shall describe the nature of the violatio~, the determination of the actual or potential quantity of the discharge, inflow or infiltration, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection (a) For structures or property with act~al or potential discharge, infiltration or inflow determined to be in excess of 1.000 aallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the pUblic sanitary sewer system are not completed and approved by the utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $200 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after ~ 1 II 1 I ~ May 11, 1993 32 1 periods of heavy rainfall résulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 1.000 qallons per day but more than 500 qallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer userí property owner or other responsible person a monthly surcharge in the amount of $100 per month until the required corrective measure~ are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service tQ the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration '~ ,... 322 May 11, 1993 ~ in excess of 200 gallons per day, the utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 500 qallons per day. but more than 200 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of i2Q per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow' or infiltration in excess of 200 gallons per day, the utili ty Director may in his discretion temporarily terminate the sewer connection to protect the public ~ I I ~ I I ~ May 11, 1993 323 - sewer system and other sewer users. (d) For structures or property wi th actual or potential discharge, infiltration or inflow determined to be less than 200 qallons per day. but more than 50 qallons per day into the pUblic sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sànitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the pUblic sani tary sewer system are not completed and approved by the utility pirector, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of ~ per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. Sec. 18-156.4. Review of Corrective Heasures The sewer user, property owner or other responsible person shall correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration, or inflow into the public sanitary sewer system. These corrective measures to eliminate the actual or potential ~ JII"" 324 Hay 11, 1993 ~ illegal or improper discharge, infiltration, or inflow into the public sewer system shall be taken upon notice from the utility birector or his designee. Once these corrective measures have been implemented, the sewer user, property owner, or other responsible person shall request in writing that the utility Director or his designee inspect the corrective measures to verify compliance with this chapter. Any monthly surcharge imposed by the provisions of this ordinance, or any termination of water and sewer service arising from a failure to pay the monthly surcharge, shall continue until the utility Director or his designee determines that the corrective measures are in compliance with the provision~ of this chapter. If water and sewer services have been terminated under this ordinance, the sewer user, property owner, or other responsible person may request resumption of water and sewer service as follows: (1) By taking the corrective measures specified in the notice, and by eliminating the actual or potential discharge, infiltration, or inflow into the public sanitary sewer system. (2) By requesting an inspection and determination by the utility Director or his designee as provided in this section. (3) By submitting a written request to the utility Director requesting reinstatement of public water and sewer services and verifying that all standards· of this chapter have been satisfied. ~ I I ~ I I ~ May 11, 1993 325 Sec. 18-156.5. Appeals (a) Any sewer user, property owner, or responsible person may appeal a determination of the utility Director or his designee by submitting a Notice of Appeal to the County Administrator wi thin fourteen (14) days from the receipt of. the written notice as provided in § 18.1-156.2 (c). (b) The County Administrator shall conduct a hearing on this appeal within fourteen (14) days of the receipt of this Notice of Appeal. The County Administrator shall render a decision with five (5) business days of the date of the hearing. (c) The Notice of Appeal shall state the technical grounds and objections for the appeal. At the hearing the County· Administrator shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established. (d) The sewer user, property owner, or other responsible person may appeal the decision of the County Administrator to the Roanoke County Board of Supervisors by submitting to the Clerk of the Board a written Notice of Appeal within fourteen (14) days of the receipt of the County Administrator's written decision. This Notice of Appeal shall state the grounds for the appeal. (e) In all other respects the substantive and procedural requirements for this appeal shall comply with the provisions of § 15.1-550, et seq. of the state Code. 2. That this ordinance shall be in full force and .... II"" 326 May 11, 1993 ~ ~ effect from and after its passage. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance AuthorizinQ the Acquisition of a .69 Acre Parcel of Real Estate in Connection with the Cleanuo of the Dixie Caverns Landfill - Tax Parcel 64.01-4-33. (Paul Hahoney. County Attorney) 0-51193-8 There was no discussion. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 51193-8 AUTHORIZING THE PURCHASE OF A .69 ACRE PARCEL OF REAL ESTATE IN CONNECTION WITH THE CLEANUP OF THE DIXIE CAVERNS LANDFILL - TAX PARCEL 64.01-4-33 WHEREAS, in connection with the cleanup of the Dixie Caverns Landfill and in order to comply with EPA regulations and standards within a specific time frame as set out in the "Administrative Order By Consent For Removal Action," it is necessary to acquire fee simple ' title to a .69 acre parcel of real estate located at the intersection of Dow Hollow Road (Route 647) and Twine Hollow Road (Route 778). This parcel is 1 I I I "'II Hay 11, 1993 32 ]' identified as Tax Parcel 64.01-4-33 and is owned by Branch & Associates, Inc. Acquisition of this real estate will allow access to the site, provide a materials storage area, and an area for equipment parking; and WHEREAS, staff has negotiated the purchase of said parcel from Branch & Associates, Inc. for the sum of $4,500, being the estimated fair market value based upon an appraisal; and WHEREAS, the first reading of this ordinance was held on April 27, 1993; the second reading was held on May 11, 1993; and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Branch & Associates, Inc. a .69-acre parcel of real estate identified as Tax Map No. 64.01-4-33 for an amount not to exceed $4,500 , which shall be paid out of the funds available for the Dixie Caverns Landfill Cleanup. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix .... ,... 328 May 11, 1993 NAYS: None IN RE: APPOINTHENTS ~ Board of Zoninq Apoeals Supervisor Kohinke nominated Richard L. Jones, representing the CatawLa Magisterial District, to a five year term. His term will expire June 30, 1998. ~ Clean Valley Council Supervisor Eddy was nominated as Board Liaison for a two-year term which will expire June 30, 1995. h Fifth Planninq District Commission S~pervisor Eddy indicated his willingness to serve another three-year term as the Elected Representative and Executive Committee member. His term will expire June 30, 1996. h Parks and Recreation Advisory Commission . Supervisor Eddy nominated William Skelton, representing the Windsor Hills Magisterial District, to another three-year term. His term will expire June 30, 1996. Supervisor Minnix nominated Mrs. Lee Blair, representing the Cave Spring Magisterial District, to another three-year term. Her term will expire June 30, 1996. IN RE: CONSENT AGENDA R-51193-9 ~ ~ I I ~ Hay 11, 1993 '32,9 Regarding Item 6 on the Consent Agenda, Mr. Hodge advised that staff is discussing with the Town of Vinton the possibility of purchasing a repair kit for the ladder truck. Supervisor Nickens moved to approve Items 2 through 6 after discussion of Item 6. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens moved to approve Item 1. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix II ABSTAIN: Supervisor Nickens RESOLUTION 51193-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA NAYS: None 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 11, 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 6, inclusive, as follows: 1. Minutes of Meetings - April 13, 1993, April 23, 1993. II 2. Acknowledgement of the Acceptance of 0.29 Miles of Bushdale Road into the Virginia Department of Transportation Secondary System. ~ ,... or 0' 3" '. Hay 11, 1993 3. Revision to the Resolution of Appreciation to County Volunteers with Over 25 Years of Service. 4. Acceptance of Water and Sanitary Sewer Facilities Serving The Orchards, Applewood, section 7. 5. write-Off of utility Bad Debts. 6. Authorization to Pay Certain Legal Fees Regarding Grumman Emergency Products. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt Items 2 through 6 of the Consent Agenda after discussion of Item 6, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Nickens to approve Item 1 of the Consent Agenda, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSTAIN: Supervisor Nickens RESOLUTION 51193-9.b AMENDING RESOLUTION 42793-10 OF APPRECIATION TO VOLUNTEERS FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service during evcning and ycckend houra to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, ~ ~ I I ""l1lI Hay 11, 1993 33'1 . unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on II the behalf of the citizens of the County, does hereby express its deepest appreciation to these dedicated citizens for over twenty- five years of service as a volunteer with the Roanoke County Fire and Rescue Department; and FURTHÈR, BE IT RESOLVED, that they are hereby certified II as a member of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OP BOARD HEMBERS Supervisor Kohinke: (1) He thanked the County Council ~ ,... 332. Hay 11, 1993 ~ of PTA's for their meal. (2) He announced that he had attended the Glenvar Lighting Ceremony and expressed his appreciation to the community for their donations. Supervisor EddY: (1) He announced that there was a positive article about Roanoke County in the Virginia Business magazine. (2) He asked about the legislative requests to be forwarded to the Virginia Association of Counties. Mr. Mahoney will bring to the Board a summary of previous legislation and new legislative requests on June 8, 1993, and asked that the Board send him their requests. (3) He announced that while this is an election season, he would not do or say anything publicly in opposition to Mr. Johnson's Hollins District election campaign but would provide information on records to all who asked. (4) He asked for more input on bulk and brush collection. Supervisor Nickens: (1) He attended the Kickoff for Tourism Week and thought it was of high quality. He announced that next year's kickoff will be at the Explore Park. (2) He attended the dedication of the Virginia Western Arboretum on May 7 and announced that one of the gardens is named in recognition of Roanoke County's financial contribution. Su~ervisor Johnson: (1) He asked for the time line to advertise and hire a new Parks and Recreation Director. Mr. Hodge advised that it would be about three to four months. He asked that the Parks and Recreation Advisory Commission be involved in the selection process. (2) In response to Supervisor Eddy's comments, he advised that he had never seen a political ~ I I ~ May 11, 1993 ,33;3 partisan vote in his ten years and he felt that contested elections were good for the County. Supervisor Minnix: (1) He thanked Supervisor Eddy for his memo and article on safe drinking water from VACo and advised that he will send a letter of support. (2) He decided to conduct the 120 day evaluation at this meeting in Executive Session. (3) He asked to meet with Mr. Hodge and Supervisor Eddy to discuss the bulk and brush collection. I ~ ~ h .L.. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a unanimous voice vote. General Fund Unaoorooriated Balance Caoital Fund Unaoorooriated Balance Board Continqency Fund Statement of Revenues and Exoenditures as of April 30. 1993 ~ Proclamations Siqned bY the Chairman ..L.. Statement of the Treasurer's Accountability ~er Investments and Portfolio Policy. as of April 30. 1993. IN RE: WORK SESSION ~ Drainaqe Proqram I The work session was presented by Arnold Covey, George ~ JII"" 334 May 11, 1993 Simpson, and Butch Workman with the Department of Engineering and Inspections. The history of the drainage program was presented and the drainage complaint procedure was described. The Board received a list of projects that have been completed and those that remain on the list. They were also presented, with an overview of the bond projects. IN RE: EXECUTIVE SESSION At 6:50 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) Consultation ~ith legal counsel and briefings by staff members, pertaining to specific legal matters requiring the provision of legal advice by counsel: Negotiations Pertaining to the smith Gap Landfill; (1) Personnel Matter. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None Mr. Mahoney advised the Board that the discussion between the Board and Mr. Hodge on actions during the past 180 days did nót qualify as an executive session item since this was not an evaluation. This item was removed from executive session discussion. IN RE: CERTIFICATION RESOLUTION R-51193-10 ~ I Supervisor Nickens moved to return to open session and at 7:27 p.m., Supervisor Johnson moved to adopt the Certification II Resolution. The motion carried by the following recorded vote: ~ 1 II ~ May 11, 1993 33 5 ,~ AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 51193-10 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 ~ounty, 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 , identif ied in the motion convening the executi ve meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: ~ ,... 336 Hay 11, 1993 ~ ~ AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: ADJOURNMENT At 7:30 p.m., Supervisor Minnix moved to adjourn. The motion carried by a unanimous voice vote. H. Odell I 1