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HomeMy WebLinkAbout7/13/1993 - Regular ~ ·432 ~ July 13, 1993 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 July 13, 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 July, 1993. I 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; Mary H. Allen, 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., I Assistant County Administrator. The Pledge of Allegiance was .5 recited by all present. ~ r'" 433 July 13, 1993 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Eddy asked to review the establishment of public hearings for rezonings adjacent to the Blue Ridge Parkway. He withdrew the request after Mr. Hodge advised that this would be discussed in Executive' Session. Supervisor Eddy also requested that "Nuisance Claims" be discussed in Executive Sessioli. IN RE: NEW BUSINESS h Request for Appropriation for Completion of the Ballfields at Northside Hiqh School. (John Chambliss, Assistant County Administrator) 1\,-71393-1 Mr. Chambliss reported that the 1992 bond referendum included the relocation of two baseball/softball fields adjacent to Northside High School. $52,000 was included in the bond project for realignment and $10,000 for fence repairs. The area recreation clubs have requested that the cons~ructionbe expanded to complete four fields at this site. The engineering, grading, stormwater management and utility costs will be the same whether two or four fields are built. Mr. Chambliss requested that the Board appropriate funds not to exceed $62,000 from the Capital Reserve Account to complete the construction of the two additional fields. Following discussion, Supervisor Johnson moved to II.... ~ I I ~< I I ~ 434 July 13, 1993 approve the appropriation up to $62,000. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None .L. Request for Appropriation to Fund Frozen Position in the Clerk of Circuit Court's Office. (steven McGraw, Clerk of Circuit Court) A-71393-2 Mr. McGraw advised that he was requesting to fill this posi tion because of an increased work load in recorded instruments, and increases in the civil and criminal caseload. He reported that the Clerk's Office brings in $900,DOO in fees and only uses $200,000 in local funding. He requested that the Board appropriate $26,400 from the Board Contingency Fund for a Deputy Clerk III position. Supervisor Nickens moved to approve the appropriation of $26,400 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens., Minnix NAYS: None IN RE: OLD BUSINESS h Request for Approval of Proposed Leqislative Requests for Virqinia Association of Counties. (CONTINUED FROM JUNE 22, 1993) County Attorney) (Paul M. Mahoney, .....1 r'" 435 July 13, 1993 A-71393-3 Supervisor Kohinke asked that the request regarding elected school boards to changed to "study the advantages and disadvantages of an elected school board." The other board members concurred. Supervisor Nickens moved to approve the proposed legislative requests with modification to Section XVII. C regarding elected school board. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None 1994 Legislative Program 1. 599 Law Enforcement funding I. Closely monitor any proposed changes in the method of allocating funds. B. Support an equitable distribution system that rewards local efforts to prevent crime. 2. FOI Study (SJR 238, Sen. Houck, 1993 General Assembly) I. Support legislation to protect taxpayer investment in collecting, developing, storing and maintaining public records. Any dissemination requirement should allow local governments to recover the actual cost of developing GIS system. 3. Recycling I. The 25% State recycling goal adversely effects County finances, since the County is losing money recycling. II. The State should either: A. waive this recycling requirement (25% for ~ ~ I I ~ ~ July 13, 1993 436 I' 1 1995), or B. guarantee market mate,rials, prices for recyclable , 4. Social Services I. Increase administrative funding for the Comprehen- sive Services Act. II. Monitor HJR 603 Task Force on Restructuring Vir- ginia's Long Term Care for the Elderly. 5. Libraries I. Full funding of State Aid for Public Libraries II. Approximately 77% of funds required under formula (Sec. 42.1-48) are appropriated in State budget. 6. Treasurer I. Amend Sec. 58.1-3013 to require credit card compa- nies to honor local ordinances authorizing the payment of local taxes by credit card and imposing a service charge not to exceed 4% of the amount due. 7. DUI I. Increase penalties for DUI violations. II. Improve and toughen enforcement of DUI statutes. 8. Equalize the taxing and borrowing powers of counties with those powers granted municipalities. 9. Support the recommendations of the Governor's Advisory Commission on the Dillon Rule and Local Government. 10. Support the reduction of unfunded regulatory and statu- tory mandates, and oppose any state mandates on local governments without sufficient funding to cover the costs of these mandates. 11. Expand the revenue powers and authority of local governments, including authority to levy a tobacco tax, and to provide for a local option income tax. 12. Continue the moratorium on any city annexation and city .....1 ,.. 431 ;. July 13, 1993 ~ annexation initiated by citizens of counties. 13. Grant local governments the authority to adopt growth management ordinances, inclucUng the power to impose impact fees, to restrict the authority of the courts to overrule local land-use decisions, and to allow reasonable procedures and time periods for the amortization of non-conforming signs. 14. Support legislation establishing a deposit on beverage containers. 15. Support the fOllowing finance issues: I. Return a portion of lottery proceeds to local governments as originally intended, II. Increase state funding for local police depart- ments. 16. Support initiatives for economic development: I. Funding in the form of grants and loans for the development of industrial parks and the shell building program 1 II. Legislation to allow revenue sharing (without referendum requirements) among participating local governments from jointly developed industrial parks. 17. Public Education I. Enhance funding for public education, including increasing the funds available for distribution to localities through the Literary Fund for capital construction or renovations. II. Authorize local school divisions to establish opening dates for school. III. Study the advantages and disadvantages of amending the Constitution to allow elected school boards to set and levy taxes to support local public education .L. Request for Readoption of the Pub 1 ic Private I Partnership Policy. (Tim Gubala, Economic Development Director) ..... ~ ~ July 13, 1993 438 Mr. Gubala reported that Supervisor Eddy had forwarded suggested modifications to the policy. He advised that he would like to retain the flexibility in the proposed policy and 50% participation to encourage companies to participate. No action was taken, and staff was directed to bring back a revised copy of the policy which would include Supervisor Eddy's suggestion, but retain the flexibility and 50% participation. Supervisor Zddy and Mr. Gubala will work on the matrix. IN RE: FIRST READING OF ORDINANCES h Ordinance Amendinq and Reenactinq Section 5-21, I Definitions and 5-44, Tax Imposed, Addinq Sections 5-26.1 to 5-26.5 and Repealinq Section 5-26 of A~ticle II. Doqs, Cats and Other Animals of Chapter 5, Animals. and Fowl of the Roanoke County Code to Control Danqerous and Vicious Doqs. (Kenneth Hoqan, Chief Animal Control Officer) . Mr. Hogan cited examples of vicious dog problems that would be resolved with this ordinance. He advised that such dogs will be required to have a special blaze orange dog tag and leash. I Supervisor Kohinke moved to approve the first reading of the ordinance and set the second reading for July 27, 1993. The motion carried by the following recorded vote: AYES: Supervisors JOhnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ ,.. 43-9, , JUly 13, 1993 Supervisor Nickens requested that staff communicate this information to the Town of Vinton. J. APPOINTMENTS h Community Corrections Resources Board Supervisor Eddy asked that appointments to this Board be continued until the end of July. .L. Social Services Advisory Board Supervisor Minnix nominated Betty Lucas to a four-year .. term representing the Cave Spring District. Her term will expire August 1, 1997. Supervisor Kohinke nominated Ed Wold to a four-year term representing the Catawba District. His term will expire August 1, 1997. IN RE: CONSENT AGENDA R-71393-4 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 71393-4 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 II.... ~ 1 1 ~ 4'40 ~ July 13, 1993 County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 13, 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 3, inclusive, as follows: 1. Minutes of Meetings - May 25, 1993, June 8, 1993, June 22, 1993. 2. Confirmation of Committee Appointments to the Social Services Advisory Board 3. Donation of Drainage Easements on Lots 18 and 19, Section 3, Plantation Gardens Subdivision. I 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) He advised that he threw the opening ball at the Dixie Girls Softball League and that John Chambliss caught the ball. He thanked the staff for their I participation. (2) He attended the West County Civic League Meeting. He presentation. thanked the staff for attending and making a (3) Following the meeting, he asked the Clerk to ~ ,.. 44,1 July 13, 1993 add his comments regarding the Roanoke City Mayor's talks on consolidation to the Board packet for this meeting date. Supervisor Eddy: (1) He asked for a report and update on the Private SSE/R Program. (2) He asked about the schedule for ISTEA applications. Terry Harrington advised that information can go to the Metropolitan Planning Organization and then come to the Board on July 27, 1993. He briefed the Board on the proposed projects. (3) He reported that Bob Blahkenship had recommended trapping or other alternatives for handling beavers on Bent Mountain. (4) He announced that he had asked for information on the emergency medical dispatch program after a letter to editor was published in the newspaper. Chief Fuqua advised that it would cost $100,000 and require five new staff. Mr. Hodge advised that this program is primarily for rural areas with slow response times. There is no EMD program in the Roanoke Valley. (5) He requested that Mr. Mahoney bring a resolution to the July 27, 1993 board meeting concerning a referendum on school board members being appointed by the Board. It was the consensus of the Board to go forward. Supervisor Johnson asked Mr. Mahoney to ask the Courts whether or not the referendum could include all three methods for choosing school board members. (6) He read a statement in response to Mayor Bowers comments on consolidation, stating that he felt it would be counterproductive. Supervisor Nickens: (1) He asked for follow up regarding Mr. Hodge I s memo on regional enforcement of decals. Mr. Mahoney reported that he had discussed this with the other ~ .~ 1 1 ~ ~ 442 July 13, 1993 I 1 local government attorneys and the Public Safety Team. Mr. Hodge will discuss this at the next local government quarterly meeting. (2) He asked for a list of the departments that had cost overruns and a list of departments with positive cash flows. Mr. Hodge responded that he would provide the information. (3) He asked about a response to the letter from a citizen who complained about having to pay duplicate fees. Mr. Hodge advised that he had responded to the citizen, and will send a copy of the response to the board members. (4) He asked about a response to Fred Anderson's memorandum on the salary survey appeals process. Mr. Hodge advised that he had responded and placed a copy of the response in the Board Reading File. Supervisor Johnson: (1) He asked Mr. Hodge to provide a copy of the memorandum to ~red Anderson for each board member. (2) He asked Mr. Mahoney to study what could happen if Roanoke City dropped its charter, but advised that he did not want the staff spending time and money on consolidation issue. (3) He recommended that the Board review a book published by the Virginia Education Association and advised that Virginia ranks 43rd in taxes at the state and local level. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. h General Fund Unappropriated Balance .L. Capital Fund Unappropriated Balance ~ ,.. 443 July 13, 1993 ~ Board Continqencv Fund ~ Proclamations Siqned by the Chairman IN RE: WORK SESSIONS h Machinery & Tools Tax Commissioner of the Revenue Wayne Compton advised that machinery and tools tax is part of the personal property tax and represents about 10% of the valu~ or over $1.1 million in taxés. Fifty companies pay machinery and tools tax. Seven companies in the County pay the largest amount or approximately $800,000 of the total taxes collected. The assessment method was established in 1981 to encourage manufacturing jobs to stay or locate in Roanoke County. In 1993, the total assessment was $34 million. Mr. Compton describe0. the methodology used in assessments. He advised that precision Fabrics pays almost $400,000 of the $1.1 million collected. Following discussion, there was no consensus to go forward with any changes to either the tax rate or the assessment methodology at this time. IN RE: RECESS At 5:10, Chairman Minnix declared a dinner break. IN RE: RECONVENEMENT At 6:35 p.m., Chairman Minnix reconvened the meeting with all present to continue the work sessions. ~ ~ 1 1 ~ 444 ~ July 13, 1993 .L. Commission on Population Growth Planning and Zoning Director Terry Harrington reported that the Commission on Population Growth and Development was created by the General Assembly in 1990 to: (1) study and evaluate consequences of changes in populations and development; (2) develop initiatives to ensure adequate planning to guide population growth; (3) recommend alternative measures to fund statement infrastructure improvement; (4) propose innovative land management techniques (5) evaluate ways to coordinate efforts to address .matters of population growth; and (6) reports its findings and make recommendations to the General Assembly. I Mr. Harrington presented the major components of the Virginia Growth Strategies Act which will require the Governor to prepare and implement a Virginia Growth strategies Plan (VGSP) and create a new state department of Planning and Budget (DPB). , He described how these plans will affect Roanoke County as follows: (1) Revision of the Comprehensive Plan must be consistent with the VGSP and submitted to DPB and to neighboring jurisdiction for review. (2) A Capital Improvement Program must be prepared on a yearly basis consistent with the Comprehensive Plan; (3) The subdivision ordinance should be revised to 1 implement the Comprehensive Plan; and (4) mandatory membership is required on the Fifth PDC with the Board Chairman and County Administrator serving as the members. Mr. Harrington asked that the Board send him comments to forward to the Commission. .....1 ,.. 445 July 13, 1993 Supervisor Johnson felt that we should acknowledge receipt of the information on the Commission and that a work session was held. Supervisor Nickens felt that we should advise that the changes will increase the workload at the local level. ~ Parks & Recreation Fees Assistant County Administrator John Chambliss reported that in 1989, David M. Griffith and Associates conducted a cost/revenue study focusing on analysis of user fees. An ordinance was adopted imposing registration fees and fees for indirect costs for various recreation programs in addition to direct program costs. Assistant Recreation Director Debbie Pitts pres£nted a comparison of fees in Roanoke County with other counties and cities in Virginia, and a comparison of adult athletic fees between Roanoke County and the Cities of Roanoke and Salem. Assistant Parks Director Jim Jones presented an overview of the growth of youth athletics and the addition of new fields in the County. The staff presented a proposed ordinance which more equitably distributes the costs and gives discounts to youth and senior citizens. The draft ordinance establishes a $5.00 fee for teens and senior citizens which eliminates the registration fee. Following discussion, staff was directed to work with the Parks & Recreation Commission on refining the fee ordinance II.... ~ 1 I ~ July 13, 1993 446 which will be brought back to the Board. ~ Refuse Collection General Services Director Gardner Smith presented slides outlining the history of refuse collection in Roanoke County and Assistant Director Don Myers described the costs for refuse collection since 1985-86. He also presented a cost comparison of collecting refuse by automation versus rear loaders. Staff presented four options for future refuse collection including the implementation of twice-monthly collection of bulk and brush. Following discussion, the consensus of the Board was four to one in opposition to expanding II the bulk and brush collection to twice a month. Staff was directed to bring back future cost overruns when they become a problem, and not wait until the end of the fiscal year. IN RE: EXECUTIVE SESSION II At 7: 15 p.m., Supervisor Kohin~e moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) Consultation with legal counsel and briefings by staff members, pertaining to probable litigation, condemnation of an easement across real estate owned by Janosko, Casey, Boone and Wallace for the water transmission project; and a claim for damages to real property arising from certain utility operations, and Norma J. Sigmon v. Board of Supervisors and Boone, Boone & ~ ,.. 44.7 July 13, 1993 Loeb and Nicholas H. Beasley v. Board of Supervisors. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION RESOLUTION R-71393-5 At 8: 34 p. m., Supervisor Johnson moved to return to Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 71393-5 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 suOh executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of ..... ~ 1 I ~ July 13, 1993 448 ~ Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of supervisor Johnson to adopt the I certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 8:36 p.m., Supervisor Johnson moved to adjourn. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None II (/)jfL < '£; ;, ¡¿/~ H. 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