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HomeMy WebLinkAbout5/22/1990 - Special May 22, 1990 36b - - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 May 22, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of May, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard W. Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; o. Arnold Covey, Director, Development & Inspections; Don M. Myers I Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; Anne Marie Green, Information Officer; Brenda J. Holton, Deputy Clerk; Paul M. Mahoney, County Attorney 36 6 May 22, 1990 - IN RE: OPENING CEREMONIES The invocation was given by the Reverend J. W. Hatton, Fort Lewis Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman Robers advised that today was Student Government Day. Prior to this meeting, there was a mock Board of Supervisors Meeting with students from Roanoke County high schools participating. He recognized those students who were in attendance at this meeting. h Resolution of Conqratulations to Hidden Valley Junior High School's Odyssey of the Mind team for winning first place in state competition. R-52290-1 Chairman Robers presented the resolution to Hidden Valley Junior High School Principal David Blevins, and individual certificates of appreciation and County pins to each team member, the sponsor and coaches. He also presented a resolution signed by members of the Student Government Board of Supervisors at their meeting earlier in the day. Supervisor Eddy moved to adopt the prepared resolution. The motion carried by the following recorded vote: May 22, 1990 36 7 - AYt;:s: :supervisors t;aay, MCGraW, JOhnson, N1ckens, Robers NAYS: None RESOLUTION 52290-1 OF CONGRATULATIONS TO THE HIDDEN VALLEY JUNIOR HIGH SCHOOL ODYSSEY OF THE MIND TEAM UPON WIN N I N G FIRST PLACE IN STATE COMPETITION WHEREAS, the Roanoke County School System has always shown a commitment to training and expanding the minds of its students; and WHEREAS, as an example of this commitment, the Odyssey of the Mind teams allow students an opportunity to compete in an effort to solve hypothetical problems; and WHEREAS, the Hidden Valley Junior High School Odyssey of the Mind Team consisted of David Allen, Peter Nevin, Andy Newton, Kris Wiseley, Robert Herchenrider, and Ann Schleupner, sponsor Bob Keniston, and coaches Mrs. Lynn Schleupner and Mrs. Diane Herchenrider; and WHEREAS, the Hidden Valley Junior High School Odyssey of the Mind Team recently participated in the statewide competition in Williamsburg, and won first place. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on behalf of itself and the citizens of the County, does hereby extend its congratulations to the Hidden Valley Junior High School Odyssey of the Mind Team; and FURTHER, BE IT RESOLVED, that the Board of Supervisors does hereby extend its best wishes for good luck to the Team when they journey to Iowa to compete in the World Competition. On motion of Supervisor Eddy to approve the resolution and 36 8 May 22, 1990 - carr1ea DY ~ne Io~~ow1ng recorded vote: - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Resolution of Appreciation to the Roanoke Vallev Youth Soccer Club for hostinq the Fifth Annual Festival Soccer Tournament. R-52290-2 Chairman Robers presented the resolution to Danny Beamer representing the Roanoke Valley Youth Soccer Club. Supervisor Nickens moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-2 OF APPRECIATION TO THE ROANOKE VALLEY YOUTH SOCCER CLUB, INC. FOR ITS ASSISTANCE IN HOLDING THE FIFTH ANNUAL FESTIVAL SOCCER TOURNAMENT IN THE ROANOKE VALLEY WHEREAS, The Roanoke Valley Youth Soccer Club, Inc. has been instrumental in establishing an annual soccer tournament to be held in the Roanoke Valley each year during the Memorial Day Weekend; and WHEREAS, this tournament has continued to grow so that this year there will be 176 teams competing in 22 divisions over two days of competition; and May 22, 1990 36 9 - WHEREAS, over 6,000 participants, family members, and friends will come from 11 states to spend a weekend in the Roanoke Valley to enjoy excellent soccer, the Festival events, and the other opportunities and facilities of our community. NOW, TH~REFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County that we express our sincere appreciation to the officers, members, and volunteers of the Roanoke Valley Youth Soccer Club, Inc. for their tireless efforts in organizing and holding the FIFTH ANNUAL FESTIVAL SOCCER TOURNAMENT and wish to each participant a warm welcome to the Roanoke Valley and much success in their athletic endeavors. On motion of Supervisor Nickens to approve resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: NEW BUSINESS h Request for approval to construct a support facility at the Reqional Fire and Rescue Traininq Center. A-52290-3 Battalion Chief Mark Light advised that the next phase of the Regional Fire and Rescue Training Center is the construction of a support facility. He presented diagrams of the proposed facility consisting of four classrooms, conference room, bath and shower 37 0 May 22, 1990 - rac1~1t1es, emergency serv1ces 11brary and off1ce space for state and - local training operations. He advised that the state Department of Fire Programs has requested to lease space from the county in this facility to house the area manager for fire service training. He reported that the architectural firm has projected a cost of approximately $400,000 for a 7,000 square foot training building, and over the next six years, Roanoke County will receive approximately $420,000 from the fire programs funds, approximately $100,000 from leased space to the state, and $38,000 grant that has been approved for restrooms for the center. This will equal approximately $108,000 the first year and $90,000 each year for the next five years. Battalion Chief Light requested that the board authorize a lease purchase finance plan for the construction and furnishing of the Regional Training Center Support Facility and completion of the site work. Supervisor Johnson questioned whether the sanitary sewer goes through this area. Chief Thomas Fuqua advised that the public water and sewer lines were extended to the end of the service center. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Request of Appropriation to the School Federal Proqrams May 22, 1990 371 - Fund of a GE Foundation El fun Grant and JTPA Summer Youth Program qrant. A-52290-4 Reta Busher, Director, Management & Budget, advised that the Roanoke County School System has recently received two grants. One in the amount of $21,000 from the GE Foundation, Elfun Educational Challenge from the Shenandoah Chapter to involve students in grades K- 12 in a human relations curriculum. The second is in the amount of $80,000 from the Fifth District Planning EmploYment and Training Consortium's Private Industry Council and Policy Board for a Job Training Partnership Act (JTPA) Summer Youth Program. Dr. Eddie Kolb, Director, Pupil Personnel Services and Special Education, and Garland Kidd, Director, Vocational and Adult Education, were present to answer questions. In response to a question from Dr. Nickens regarding the Elfun grant, Dr. Kolb explained that the grant was to develop a curriculum for a behavior adjustment program, to employ teachers and purchase materials. Supervisor Nickens moved to approve the appropriation of both grants. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None L.. Request to Virqinia Department of Transportation for Industrial Access fundinq for Optical Cable. 37 2 May 22, 1990 - - R-52290-5 Tim Gubala, Director, Economic Development, advised that Roanoke County requested approval from the Commonwealth Transportation Board in 1988 for up to $450,000 in Industrial Access Funds for Valleypointe. In March 1990, Roanoke County received a six month extension to allow for completion of construction and to locate a qualifying industry. He reported that Optical Cable Corporation intends to conduct their fiber optic manufacturing operations from a 6.5 acre tract served by Research Road in Valleypointe Industrial Park and this industry will qualify for the Industrial Access Fund Program. He requested that the board approve the resolution, amending the date to August 1, 1990, for manufacturing operations to begin at Optical Cable Corporation and forward it to the Virginia Department of Transportation for reimbursement for Industrial Access Funds. Supervisor Johnson commended the staff for bringing Optical Cable Corporation to this site. Supervisor Nickens noted that this industry will bring up to 185 jobs by the third year of operation. Supervisor Johnson moved to adopt the resolution amending the date for manufacturing operations to begin to August 1, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-5 REQUESTING INDUSTRIAL ACCESS May 22, 1990 373 - ====< ROAD FUNDING FROM THE COKKONWEALTH TRANSPORTATION BOARD (VIRGINIA DEPARTMENT OF TRANSPORTATION) FOR OPTICAL CABLE CORPORATION FACILITIES IN VALLEYPOINTE. WHEREAS, the Optical Cable Corporation has purchased property located in the County of Roanoke and has entered into firm contract to construct its facilities on that property for the purpose of producing fiber optic cable; and WHEREAS, this new facility is expected to involve a new private capital investment in land, building, and manufacturing equipment of approximately $6,500,000 and the Optical Cable Corporation is expected to employ 185 persons at this facility; and WHEREAS, manufacturing operations are expected to begin at this new facility on or about August 1, 1990; and WHEREAS, the property on which this facility will be located has no access to a public street or highway and requires the construction of a new roadway which would connect to Peters Creek Road (Route 117); and WHEREAS, the County of Roanoke hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; WHEREAS, the County of Roanoke hereby guarantees that the necessary right of way for this improvement, and utility relocations or adjustments, if necessary, will be provided at no cost to the Industrial Access Fund; NOW, THEREFORE, BE IT RESOLVED THAT: The Roanoke County Board of 374 May 22, 1990 - Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to = this new manufacturing facility; and BE IT FURTHER RESOLVED THAT: The Roanoke County Board of supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the road system of the County of Roanoke (Secondary System of Highways). On motion of Supervisor Johnson to approve resolution with date for manufacturing operations to begin amended to August 1, 1990, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Resolution supportinq an historic preservation qrant application to the Department of Historic Resources. R-52290-6 There was no discussion of this item. Supervisor McGraw moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-6 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, INDICATING INTENT TO PREPARE A HISTORIC RESOURCE PRESERVATION May 22, 1990 375 COMPONENT OF THE ROANOKE COUNTY COMPREHENSIVE PLAN WHEREAS, the Board of Supervisors of Roanoke County, Virginia has expressed an interest in identifying areas and historic properties worthy of local historic resource protection; and, WHEREAS, the Virginia Department of Historic Resources has announced that certain grant funds are available to localities on a competitive, matching share basis; and, WHEREAS, a portion of these funds are designated solely for the purpose of conducting local historic surveys or planning activities: and, WHEREAS, the Board has authorized, as part of the adopted FY 90- 91 budget, the expenditure of up to $20,000 in cash and in-kind services to be used as a dollar for dollar matching share for any grant funds offered by the Department of Historic Resources for the purpose of identifying Roanoke County areas and historic properties worthy of local historic resource protection; and, WHEREAS, the Board desires to use the information and data obtained from a local historic survey as a basis for future efforts to protect any historically significant areas or properties identified. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board supports the efforts of the Virginia Department of Historic Resources to assist localities with their historic preservation efforts; and BE IT FURTHER RESOLVED, that the Board will use the informatioT'. obtained from the Roanoke County survey of historical areas anè properties as a basis for a preservation component of the Roanoke 37 6 May 22, 1990 county Comprehensive Plan, and w1ll d1rect the Roanoke County Plann1ng Commission to prepare this component. On motion of Supervisor McGraw to approve Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None - IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge reported that a Work Session on Spring Hollow Reservoir has been set for June 12, 1990. Supervisor Eddy requested that utility connection fees and their relationship to funding of the reservoir be discussed at this work session. IN RE: REQUESTS FOR PUBLIC HEARINGS Paul Mahoney advised that he will research and bring back to the board a request for an ordinance and public hearing regarding the imposition of filing fees which would be used to cover courthouse maintenance costs. IN RE: FIRST READING OF ORDINANCES h Ordinance qranting an easement to Appalachian Power Company at Green Hill Park. May 22, 1990 376A ====< There was no discussion of this item. Supervisor McGraw moved to approve the first reading and set second reading for June 12, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance appropriating the fiscal year 1990-91 budqet. There was no discussion of this item. Supervisor Johnson moved to approve the first reading and set second reading for June 12, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None L.. Ordinance Imposing or increasinq user fees for the Parks and Recreation Department. Reta Busher presented the staff report. She advised that staff recommends phasing in over several years the inclusion of total indirect costs in the cost recovery calculations in the ordinance. Richard Cox. 5714 Capito Street. President of the North Roanoke Recreation Club expressed concern about the impact of fees on youth activities. ?, 7 7 May 22, 1990 Mr. Hodge responded that while the fees have not increased in recent years, the costs of the programs have increased to $247,000 with the County recovering only $167,000 of the costs. He advised that a hardship situation can be accommodated. Mr. Hodge expressed appreciation for the efforts made by the recreation clubs and suggested a meeting between John Chambliss, Assistant County Administrator, and the other recreation clubs. Mr. Cox stated that he was aware of the rising costs and he would be willing to work towards a solution to help solve the problem and felt the other recreation clubs would want to be involved in the process. == Supervisor Johnson suggested that a meeting be held with all concerned before the second reading of this ordinance. Supervisor McGraw expressed his concern that no children be excluded because of fees and asked that determination of eligibility be specific so there would be no loss of participation. Supervisor Eddy asked if the policy was reviewed with the recreation clubs and felt that while the board agrees to subsidize youth activities, there must be a point when to draw the line. He supported others interested in youth activities being invited to participate in the meeting. Supervisor Nickens explained that he has had communications with two recreation program in East County and they are opposed but acknowledge the need for additional maintenance. The Parks & Recreation Advisory Commission had recommended fees in excess of those in the ordinance. He suggested contacting the recreation club leaders = May 22, 1990 378 for suggestions. Supervisor Robers questioned whether the costly programs with small participation were eliminated. John Chambliss explained that each program is evaluated on its own merits and level of participation. During 1989-90, there were 800 different programs offered but only 600 programs were actually held based en participation. It was the consensus of the board that the staff should meet with all interested groups for their input and discussions prior tc the second reading of the ordinance. The board emphasized tha-: although they feel the need to recover costs for the programs, their intent is that no children are to be excluded from any recreational program because of financial hardship. Supervisor Nickens moved to approve the first reading and set the second reading for June 12, 1990, with Paul Mahoney to modify the ordinance if necessary. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance to amend Article II of Chapter 5. "Animals and Fowl" of the Roanoke County Code. 0-52290-7 There was no discussion of this ordinance. 37 9 May 22, 1990 - Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 52290-7 AMENDING ARTICLE II OF CHAPTER 5, "ANIMALS AND FOWL" OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sections 5-24, 5-29, and 5-44 are amended and section 5-34 is enacted of Article II of Chapter 5, "Animals and Fowl" to read and provide as follows: Sec. 5-24. Limitation on number kept per dwelling unit. The harboring or keeping of more than (2) dogs over four (4) ~ ~ months of age per dwelling shall be unlawful, unless a private kennel license has been issued pursuant to this article. * * * * Sec. 5-29. Same-Impoundment. * * * * (d) If a dog confined pursuant to this section is not claimed by the owner within seven (7) days from the time notice was given to the owner or if the owner cannot be located within seven (7) days after confinement, such dog may be disposed of in accordance with the provisions of scction 29 213.66 section 3.1-796.96 of the Code of Virginia. 19l A pickup fee of ten dollars ($10.00) for the first offense. twenty dollars ($20.00) for the second offense. and thirty dollars May 22, 1990 38 0 ----, ($30.00) for the third offense shall be imposed in addition to the normal board fee of five dollars ($5.00) per day when any dog is claimed by its owner or custodian. Sec. 5-34. Penalties. lBl. The penalties for violation of Section 5-26 shall be as follows: ill A fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). l2.l The iudge tryinq the case may order the owner or custodian to remove such dog from the county within twenty-four (24) hours of entry of such order or within twentY-four (24) hours after the rabies observation period has expired. if applicable. or both. LQl The penalties for violations of all other sections of this chapter shall be as follows: ill For the first offense. a fine of not less than ten dollars ($10.00) nor more than twenty dollars ($20.00). l2.l For a second offense within a consecutive twelve month (12) period. a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00). ill For a third offense within a consecutive twelve month (12) period. a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). i!l The iudqe tryinq case may order any animal permanently removed from the county within twenty-four (24) hours of such order. 381 May 22, 1990 - Sec. 5-44. Tax imposed - (a) An annual license tax is hereby imposed on dogs required to be licensed under this division in the following amounts: (1) Male or female dog - Ten Dollars ($10.00) cix DollarD ($6.00). (2) Female doq - Ten Dollars ($10.00) (3) Neutered or spayed dog - Five Dollars ($5.00) Three Dollar3 ($3.00) with a veterinarian's certificate that the dog has been neutered or spayed. (4) Kennel for up to twenty (20) dogs - TwentY-five Dollars ($25.00) Fiftccn Dollar3 ($15.00). (5) Kennel for UP to fifty (50) dogs - ThirtY-five Dollars ($35.00) Twenty five Dollûr3 ($25.00). * * * * (2) The effective date of this ordinance shall be November 1. 1990 for section 5-44 and July 1. 1990 for all other amendments. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance repealinq Ordinance No. 12489-6 which imposed certain limitations upon the location of certain types of siqns. May 22, 1990 382 - 0-52290-8 There was no discussion of this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 52290-8 REPEALING ORDINANCE 12489-6 WHICH IMPOSED CERTAIN LIMITATIONS UPON THE LOCATION OF CERTAIN TYPES OF SIGNS WHEREAS, on January 24, 1989, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 12489-6, said ordinance provided for a limitation or prohibition upon the location of certain types of signs; and WHEREAS, on April 24, 1990, the Board adopted Ordinance 42490-11 which provided for new zoning regulations pertaining to the display of signage and repealed or amended certain existing zoning regulations pertaining to the display of signs; and WHEREAS, Ordinance 42490-11 supersedes and replaces Ordinance 12489-6 in its purpose and effect, and it is therefore just and appropriate to repeal same; and WHEREAS, the first reading of this ordinance was held on May 8, 1990, and the second reading of this ordinance was held on May 22, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, 38 3 May 22, 1990 Virginia, as follows: - 1. That Ordinance 12489-6 is repealed in its entirety. ORDINANCE 12489 6 AMENDnlC AND REENACTnlG THE ROA1lOKE COUNTY CODE TO rROVIDE FOR A rROIlIBITION UrON TIlE LOCATION OF CER-TAIN TyrEe OF CICNC WHEREAC, the Board of Cupervisors of Roano]œ County, TyTirginia, recognizes that "general adverti3ing" siqn3 (billboards) are becoming a blight upon the County, and that this is the functional equivalent of a public nuisance, adverDely affecting the appearance of the community, aesthetic3, vitality, the enhancemcnt of property valuc3, as yell as the value of the CountY'3 commercial and re3idential area3, and that such sign3 con3titute a traffic hazard ad-..er3cly affecting the traffic safety in the County; and WIIEREAC, ccction 15.1 510 of the Codc of Virginia (1950), ;13 amendcd, authorizc3 any county to adopt 3uch mea3urC3 a3 it may dcem expedicnt to Decure and promote the health, safety, and general welfare of the inhabitants of the county, and further that the provi3ion3 of Chaptcr 18 of Title 15.1 (Cection 15.1 837, et 3eq.) ;1nd that cection 2.01 of the Roanoke County Charter (1906 Act3 of Assembly, Chapter 617) authorize the adoption of thi3 ordinance; and WUEREAC, the first reading of thi3 ordinance ~;as held on January 10, 1909; and the 3econd reading of thi3 ordinance was held on January 24,1989. BE IT ORDAINED by thc Board of Cupcrvi30rs of Roano]cc County, Virginia, a3 folloys: Cec. 1. Definitions. ~. Any di3play of any lctters, ~ord3, numerals, figures, May 22, 1990 38 4 - ðc.ices, emblems, pic~ures, or any parts or combinations thereof, by - any means whereby thc same are madc visible for the purpose of making anything Jrnown, whcther such display bc made on, attachcd to, or as a part of a structure, surface, or any other thing, including but not limited to the ground, afty rock, tree, or other natural object which di3play is visible beyond the boundaries of the parcel of land on which the samc is made. This definition includes the 3upport3, upright3, bracing, and framc'"mrk of any structure, be it single faccd, double faced, v type or othe~'ise, exhibiting a sign. Ceneral advertisinq sign. A sign which direct3 attention to a product, commodity, or service not conducted, sold, or offered upon the 3ame lot or parcel where such sign is located. Cec. 2. Prohibited signs. no general adverti3ing sign shall be located within the county. Cec. 3. Vested riqhts. Nothing in thi3 ordinance shall bc con3trued to authorize the impairment of any vested right to an existing general ad?erti3ing sign and that those signs in use at the effcctive datc of this ordinance may be continued. If any change in title or p03se3sion or rencwal of a leaDc of any sign or sign structure that is the subject of this ordinance or any lot or parcel upon which a sign or sign 3tructure is located occur3. then the U3e of that sign or sign structure may be continued. If any 3ign or sign structure i3 discontinued for a period exceeding two years after the effecti";e date of this ordinancc, thcn it shall 38 5 May 22, 1990 - conform to the provisions of this ordinance. - The con3truction of a sign or sign structure for which a pcrmit ~as legally issucd according to thc provisions of the Roanoke county Zoning Ordinance prior to the effective date of this ordinance may proceed and continue, pro?idcd, that the construction of said sign and 3ign structure is completed within thirty (30) days after the effecti~e date of thi3 ordinance. Cec. 4. violations. Any violation of the provi3ions of this ordinancc shall constitutc a Cla3s 1 miDdemeanor and be punishcd as provided in Cection 1 10 of this Code. In addition, the County Administrator on behalf of the Doard of Cupervi30r3 shall havc all ncceDDary authority to administer and enforce the provision3 of this ordinance, including the bringing of lcgal action to in3ure compliance ~ith the ordinance, including injunction, abatement, or other appropriate action or procecding. Sec. 5. Ceverabilitv. In the evcnt that any portion of thi3 ordinance i3 held to be invalid, such invalidity shall not affect the other valid portion3 of this ordinance. Cee. G. Effective date. The effective date of this ordinance 3hall be January 25, 1989. 2. This ordinance shall be effective May 8, 1990. On motion of Supervisor Nickens to approve ordinance, and carried by the following recorded vote: May 22, 1990 386 - AYES: Superv1sors Eddy, McGraw, Johnson, Nickens, Robers - NAYS: None h Ordinance acceptinq an offer of and authorizing the .. execution of a lease of real estate. office space for the Roanoke County Office of the Virainia Cooperative Extension Service. 0-52290-9 John Chambliss presented the staff report. Supervisor Johnson requested that the staff make an in- house study of all space leased by the county, including utilities costs, lease increase, insurance and need for additional space. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 52290-9 ACCEPTING THE OFFER OF AND AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR THE ROANOKE COUNTY OFFICE OF THE VIRGINIA COOPERATIVE EXTENSION SERVICE BE IT ORDAINED by the Board of Supervisors of Roanoke Virginia as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real 38 7 May 22, 1990 estate, which includes a lease of office space, shall be accomplished by ordinance and pursuant to the authority found in Sections 15.1-262 and 15.1-897 of the Code of Virginia, 1950, as amended; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on May 8, 1990, and the second reading was held on May 22, 1990, concerning the lease of office space for the use of the Roanoke County office of the Virginia Cooperative Extension Service at 916 Kime Lane in the City of Salem, Virginia, commonly known as Hundley Hall, situate on the Elizabeth Campus of Roanoke College, together with all appurtenances thereto belonging; and 3. That this lease is with THE TRUSTEES OF ROANOKE COLLEGE, a Virginia non-stock corporation, of approximately Four Thousand, Three Hundred Forty-two (4,342) square feet of office space for a term commencing the first day of July 1990 and ending the 30th day of June, 1993 for a base rental for the initial three (3) year term of the lease of One Hundred Thousand, Nine Hundred Fifty-One and 50/100 Dollars ($100,951.50) and with options to renew or extend the term of the lease; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. '- May 22, 1990 38 8 ====< ~ On motion of Supervisor Nickens to approve ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR REZONING ORDINANCE - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set second reading and public hearing for June 26, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Ordinance to rezone 3.49 acres from M-1 to M-2 to be developed into five industrial sites located on Starkey Road off Terminal Road in the Cave Sprinq Magisterial District upon the request of Frank W. Martin. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv: (1) Asked Supervisor McGraw to report in detail regarding newspaper article on consolidation negotiations. (2) Asked for board consideration for a study of county operations by employees from other localities. He asked Mr. Hodge to study the 38 9 May 22, 1990 possibility and bring back a report with costs and analysis. '--- IN RE: REQUEST FOR RAFFLE PERMIT - HIDDEN VALLEY JUNIOR HIGH SCHOOL ODYSSEY OF THE MIND TEAK A-52290-10 Supervisor Eddy moved to approve a raffle permit for the Hidden Valley Junior High School Odyssey of the Mind Team. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None sUDervisor McGraw: (1) Played a promotional tape supporting consolidation from Rick Beason, WSLQ and WSLC that stated incorrect information on the possibility of taxing county residents who work in city. Paul Mahoney advised that this was unconstitutional. Supervisor McGraw directed the County Attorney to send a letter to Mr. Beason advising him of this fact. (2) Reported on the consolidation negotiations regarding East County residents being allowed a second vote on becoming part of Vinton if consolidation is approved. He announced that there will be no changes regarding this issue and those residents will become residents of the Town of vinton. SUDervisor Johnson: Expressed concern about the confusion regarding the proposed consolidation and negotiations process. He suggested that the plan should be finalized and the citizens allowed to vote. May 22, 1990 39 0 - SUDervisor Robers: (1) Congratulated Mr. Hodge on the process used to select the police chief and announced that thank you letters will be sent to those who participated. Supervisor Nickens: (1) Asked that staff investigate an appropriate memorial to honor the late Darrell Shell, who was the creator of the Parks and Recreation Department. (2) Asked Paul Mahoney to bring back a policy or proposed ordinance setting standards for recycling of water usage in car washes and requirements for underground gasoline storage tanks. IN RE: RECONSIDERATION OF REZONING REQUEST FROM AEROSPACE RESEARCH CORPORATION Supervisor Nickens moved that Aerospace Research Corporation's request to rezone 51.62 acres which was tabled at the April 24, 1990 meeting be removed from the table for reconsideration. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy IN RE: REQUEST FROM AEROSPACE RESEARCH CORPORATION TO REZONE 51.62 ACRES FROM M-2 TO R-1 0-52290-11 39 1 May 22, 1990 - Supervisor Nickens presented information regarding the water and sewer conditions and advised that there are no problem with well water and septic systems in that area. He also advised that all lots will be in excess of one acre. Supervisor Nickens moved to approve the rezoning request with proffered conditions. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy ORDINANCE 52290-11 TO CHANGE THE ZONING CLASSIFICATION OF A 51.62 ACRE TRACT OF REAL ESTATE LOCATED OFF ROUTE 939 (AEROSPACE ROAD) (TAX MAP NO. 90.00-3-12) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M-2 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF AEROSPACE RESEARCH CORPORATION WHEREAS, the first reading of this ordinance was held on March 27, 1990, and the public hearing was held April 24, 1990; and, WHEREAS, this ordinance having been tabled for further study and consideration, was removed from the table and the second reading of this ordinance was approved and adopted on May 22, 1990; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 3, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, May 22, 1990 392 - - Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 51.62 acres, as described herein, and located off Route 939 (Aerospace Road), (Tax Map Number 90.00-3-12) in the vinton Magisterial District, is hereby changed from the zoning classification of M-2, General Industrial District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Aerospace Research Corporation. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. All lots in the proposed subdivision shall contain a minimum land area of one acre. b. A minimum 50 foot buffer yard will be maintained between the M-2 and R-1 properties. The existing trees on the land will remain to implement the buffering. 4. That said real estate is more fully described as follows: Beginning at Point A in Back Creek at the western most point of the property, thence S. 56 deg. 30' E. 31 poles to point 44; thence S. 77 deg. E. 7.38 poles to a point on the Aerospace Road right-of- way; thence following Aerospace Road right-of-way 30.1 poles to point 43; thence N. 30 deg. E. 18.14 poles to point 42; thence N. 72 deg. 30' E. 40.92 poles to point 42A; thence N. 29 deg. 45' W. 96.9 poles to a point in the creek at 25 1/2; thence S. 89 deg. W. 42.39 poles to a point in the creek at 26; thence S. 20 deg. 15' W. 22.42 poles to a point in the creek at 27; thence S. 8 deg. 15' W. 52.54 poles to a point in the creek at 28; thence S. 7 deg. 11' W. to point A the beginning. Comprising a total of 51.62 acres, more or less. 5. That the effective date of this ordinance shall be May 22, 393 May 22, 1990 - 1990. On motion of Supervisor Nickens to grant rezoning request with proffered conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: DISCUSSION REGARDING CONSOLIDATION NEGOTIATIONS Supervisor Eddy suggested that a series of informational meetings be held using county staff and facilities to inform the public regarding changes to the consolidation plan. It was the Board's consensus that there had been enough meetings and citizens would still have an opportunity to speak at civic organization meetings and other meetings which will probably be held. In view of the June 1st deadline for submitting the consolidation plan to the Justice Department, Supervisor Nickens asked that the County Attorney move ahead and meet immediately with Salem regarding the second vote and financial considerations. Supervisor McGraw announced that there will be a meeting on Friday, May 25, 1990, with the City of Salem to discuss the financial consideration regarding the area that may join Salem. Supervisor Johnson advised that the board needs to vote on these issues prior te the June 1st deadline. Supervisor Robers advised that he has been satisfied with the response from the negotiators and outcome regarding changes to the proposed plan. May 22, 1990 394 - Supervisor McGraw suggested that the Board set a special - meeting on Tuesday, May 29, 1990, to consider the changes to the proposed agreement. It was board consensus to adj ourn from this meeting to 5:00 p.m. on May 29, 1990, to consider the changes to the consolidation plan. IN RE: APPOINTMENTS ~ Fifth Planninq District Commission Supervisor Nickens nominated Lee B. Eddy to another three-year term which will expire June 30, 1993. ~ Parks and Recreation Advisory Commission Supervisor Eddy appointed William J. Skelton, Jr. to another three-year term which will expire June 30, 1993. ~ TransDortation and Safety Commission Supervisor Eddy nominated Lt. Delton R. Jessup to another four-year term representing the State Police. His term will expire April 1, 1994. ~ virginia Western Community College Board Supervisor Nickens nominated Monty Plymale to another four-year term which will expire June 30, 1994. IN RE: CONSENT AGENDA R-52290-12 395 May 22, 1990 - supervisor Johnson moved to approve the Consent Agenda with "B" on Item L-7 deleted. The motion carried by the following recorded vote: AYES: supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for May 22, 1990, designated as Item L -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes - April 24, 1990 2. Confirmation of Committee Appointments to the League of Older Americans Advisory Board and Total Action Against Poverty Board of Directors. 3. Resolution supporting the restoration of control to local governments over cable television. 4. Acceptance of sanitary sewer facilities serving the Orchards, section 5. 5. Resolution requesting approval of a application for the Clean Valley Council. grant 6. Donation of drainage easements through Lots 4, 5, 6, and 13 in Countrywood Subdivision, Windsor Hills Magisterial District. 7. Donation of property, slope and drainage easement May 22, 1990 .} 9 6 6 - to the County of Roanoke for road widening purposes along Route 943, Cave Spring Magisterial District. 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 approve Consent Resolution with liB" of Item L-7 deleted, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-12.b URGING THAT THE CONGRESS ENACT LEGISLATION TO RESTORE TO MUNICIPALITIES SIGNIFICANT CONTROL OVER THE REGULATION OF RATES AND OPERATION OF LOCAL CABLE TELEVISION SYSTEMS WHEREAS, municipal regulation of cable television is essential in order to regulate the use of valuable and limited public right-of-way, to protect consumers' interests, to foster public educational and governmental use of cable television systems, and to provide for the protection of community cable related needs and interests; and WHEREAS, although the Cable Communications and Policy Act of 1984 was intended to increase competition and lower cable rates, the impact of this legislation has been to impose major restrictions on local regulation and localities' ability to control increasing cable rates; and 39 7 May 22, 1990 - WHEREAS, a number of legislative proposals are now - before Congress which would return regulatory power over cable television to local governments. .. THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby urges enactment of appropriate congressional legislation to provide significant local control over the operation and regulation of rates for local cable television systems. BE IT FURTHER RESOLVED that the Clerk to the Board is directed to forward a copy of this resolution to the Honorable John Warner and the Honorable Charles S. Robb, Members, United States Senate and the Honorable Jim Olin, Member, United States Congress, as well as the members of the Regional Cable Television Committee. On motion of Supervisor Johnson to approve resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 52290-12.d AUTHORIZING THE CLEAN VALLEY COUNCIL TO APPLY FOR AN ANTI-LITTER PROGRAM GRANT FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby expresses its intent to May 22, 1990 39 8 - - - combine with the ci ty of Roanoke, Town of Vinton, Botetourt County, and City of Salem in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of Waste Management, Division of Litter Control and Recycling, and contingent on receipt of such funds for the fiscal year ending June 30, 1991; and 2. That the Board hereby authorizes Clean Valley Council, Inc., to plan and budget for a cooperative anti-litter program for the fiscal year ending June 30, 1991, which shall represent said program for all localities named in this resolution; and 3. That the Board further authorizes Clean Valley Council, Inc., to apply on behalf of Roanoke County for a grant, and to be responsible for the administration, implementation, and completion of the program; and 4. That the Board further accepts responsibility jointly with the Clean Valley Council, Inc., and the City of Roanoke, Town of Vinton, Botetourt County, and City of Salem for all phases of the program; and 5. That said funds when received will be transferred immediately to Clean Valley Council, Inc.; all funds will be used in the cooperative program to which the Board gives its endorsement and support; and 6. That the financial records of Clean Valley Council, Inc., shall be subject to inspection and review by the Assistant County Administrator of Management Services and such 39 9 May 22, 1990 >-- ~ data shall be presented to allow proper reporting on a timely basis by the County; and 7. That the Board requests the Department of Waste Management, Division of Litter Control and Waste Recycling to consider and approve the application and program, said program being in accord with the regulations governing use and expenditure of said funds. On motion of Supervisor Johnson to approve resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by a recorded voice vote. 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund \ 4. Accounts Paid - April 1990 5. Income Analysis and Statement of Expenditures for ten months ended April 30, 1990 6. Industrial Development Authority Audit for the year ending June 30, 1989. May 22, 1990 40 0 - IN RE: RECESS Chairman Robers declared a dinner recess at 5:20 p.m. EVENING SESSION (7:00 P.M.) IN RE: RECONVENEKENT At 7: 00 p.m., Chairman Robers reconvened the meeting for the evening session. IN RE: PUBLIC HEARINGS AND FIRST READING OF ORDINANCES 590-1 Ordinance imposinq or increasing certain fees for services for Development and Inspections. Planning and Zoninq. and reDealing Drior actions concerninq same. County Attorney Paul Mahoney advised that the fee for vacation of sUbdivision plat and easement of $190 should be amended to $150 in the proposed ordinance to conform with state Code requirements. Supervisor Eddy questioned as to how these fees compared around the state and asked that staff compare proposed fees with other localities. There was a general discussion about the comparison of fees in other local i ties with Reta Busher, Arnold Covey, Director, Development & Inspections, and Terry 401 May 22, 1990 - - Harrington, Director, Planning and Zoning. Supervisor Eddy also requested that adequate public notice be given before the second reading of this ordinance. Supervisor Nickens moved to approve the first reading and set second reading for June 12, 1990, with the understanding that Paul Mahoney will amend the fees to State Code limits. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 590-2 Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County. Virqinia. Pursuant to Section 3.07 of the Roanoke Countv Charter and section 14.1-46.01:1 of the Code of Virqinia. Supervisor Eddy requested that a proposal for increased salary supplements for the Chairman and Vice Chairman be included in the legislative package for 1991. Supervisor McGraw moved to approve first reading and set second reading for June 12, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None May 22, 1990 402 - ====< IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 590-3 An ordinance to amend the Future Land Use Map desiqnation of a 53.44 acre tract from Development to Principal Industrial and to rezone said property from R-E to M-l for industrial development. located east of West Ruritan Road and north of Homestead Lane. Hollins Magisterial District upon the request of the Roanoke County Board of Supervisors. (CONTINUED FROM MARCH 27, 1990. PETITIONER WILL REQUEST THAT THIS REZONING BE TABLED.) Supervisor Johnson moved to table this rezoning to allow Fralin and Waldron to work with the City of Roanoke regarding the access road. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Jim Woltz, Route 2 , Cooper Hi 11 , Virginia expressed his concern about the impact of fees for site review for large acreage in rural area. Mr. Covey responded that there may be a misunderstanding of the fee and he will meet with Mr. 405 May 22, 1990 ~ ~ = Woltz to discuss the matter. IN RE: ADJOURNMENT At 7:25 p.m. supervisor Robers moved to adjourn to May 29, 1990, at 5:00 p.m. for the purpose of discussing the outcome of the meeting with the City of Salem and other matters concerning consolidation. The motion carried by a unanimous voice vote. {¿~ Ri har W. Robers, Chairman - . 404 May 29, 1990 ====< Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 May 29, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at tl'}e Roanoke County Administration Center, this being the fifth Tuesday, and an adjourned meeting from the regularly scheduled meeting of May 22, 1990. IN RE: CALL TO ORDER Chairman Robers reconvened and called the meeting to order at 5:07 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens . MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. Hubbard, Assistant County Administrator of Community 1.-- 40 5 May 29, 1990 ,...--- t::= Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer . IN RE: DISCUSSION REGARDING PURPOSE OF MEETING Chairman Robers advised that the purpose of the meeting was to discuss matters relating to the consolidation agreement. He announced that there was one outstanding issue in regard to the areas in the Catawba Magisterial District that would be allowed a second vote to join the City of Salem. He further advised that there had been no response from the City of Salem concerning the recent negotiations. He suggested that the meeting be adjourned and reconvened when the board receives a response from Salem. Supervisor Johnson asked tor an update on the issues the negotiators have been discussing. IN RE: UPDATE ON CONSOLIDATION NEGOTIATIONS REGARDING THE EXPANSION OF TERRITORY THAT COULD VOTE TO JOIN SALEM Chairman Robers advised that the negotiators met with the city of Salem and made an offer similar to the previous offer, with an additional provision that Salem would agree not to accept any voluntary annexation petitions for the next 25 years should consolidation not be approved by the voters. He explained that the purpose of the negotiations with the City of Salem would give additional areas in the Catawba Magisterial District a . May 29, 1990 406 ~ ~ second vote on becoming a part of Salem. Supervisor Johnson expressed concern about the amount that was agreed upon for the areas that would join Salem when the original understanding was for no less than $31 million and has now been reduced to $16 million. Supervisor McGraw explained that the first concern of the negotiators was to expand the size of the second vote, come up with a dollar cost for the territory that Salem could agree with, and add protection against future voluntary annexations. Following discussion on the merits of reducing the amount of money, what areas would be given a second vote, protection against future annexations, and the authority of the previous negotiators to meet with the City of Salem, Supervisor Nickens suggested moving on with other items that the board could take action on. IN RE: AMENDMENTS TO THE CONSOLIDATION AGREEMENT County Attorney Paul Mahoqey suggested following the same procedure to approve the amendments that was initially followed in January and February including legal notices with the ~ ~~ specific language, and to hold a public hearing followed by a final vote by the board members. He suggested that the public hearing be held July 10. He also advised that the agreement would need to go back to the courts for an amended order incorporating the amendments, and should also be put before the Justice Department. 407 May 29, 1~90 - - 1. Addition of provision concerninq reassiqnment of school faculty and personnel: Mr. Mahoney explained that this would develop specific language to give guidance to the future school board to retain assignments of school faculty and personnel. Supervisor Nickens advised that he did not feel racial issues should have a place in the discussion, and this item should not be used to placate teachers. He also pointed out that the state code does not allow governing bodies to dictate such issues to the school board or superintendent. Mr. Mahoney agreed that this would be difficult . to achieve. Supervisor Johnson suggested that this be attached as an addendum explaining the intent of the Board of Supervisors and not included in the agreement. Supervisor McGraw moved to approve the staff recommendation. Supervisor Eddy offered a substitute motion to approve the staff recommendation with the item regarding assignments of school personnel deleted. Supervisor McGraw withdrew his motion in favor of Supervisor Eddy's motion. Supervisor Johnson offered another substitute motion to divide the issues for a separate vote on each item. The motion carried by the following recorded vote: AYES: . Supervisors Eddy, Mcc.raw, Johnson, Nickens, Robers NAYS: None Following discussion, Supervisor Johnson moved to delete the provision concerning reassignment of school faculty ---' and personnel. The motion carried by'the following vote: May 29, 1990 408 - AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers ====< NAYS: None ,.2. Section 12 Education: · EXDand the comDosition of the school board bv the addition of two members Supervisor Nickens advised that he felt even though the representation from the County would be larger, the influence and money will come from the elected officials which will be controlled by the former city and he would not support this addition. This item passed by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Robers NAYS: Supervisor Nickens 3. Section 19 Desiqnation of Additional or More Complete Governmental Services to be Drovided within Urban Service Districts: Delete "(1) additional law enforcement services: (2) additional fire fiqhtinq eauipment and services." Supervisor Nickens pointed out that there were many unfunded positions in the RMG government such as 54 additional personnel in law enforcement and 16 additional positions in rescue services. He further advised that the real estate tax rate would have to be increased to $1.50 to level up these services. Supervisor Johnson responded that it was his understanding that the state code calls for equal services and that the level would be similar. He advised he was comfortable with the changes to the language. ?ir. Mahoney also advised that one section of the code states that a government may not levy a 40 9 May 29, 1990 '- - higher tax rate for schools, police or general services, but another section states that a government may for higher law enforcement. Supervisor Nickens expressed his concern that the services cannot be provided without additional revenue. Supervisor Eddy explained that his concern was that emergency services be available in either the old city and old county . without an arbitrary boundary line. He pointed out that services in rural areas and suburban areas in the county are not equal at the present time and the intent is not to provide a uniform level of services throughout the RMG, but to allow emergency services to cross old boundary lines when necessary. Following additional discussion, Supervisor Eddy moved approve this change to the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens 4. section 14 City of Salem: Glenvar: Revise Exhibit . "E" which is incorporated bv reference into this section to expand the territory for the second referendum. Supervisor McGraw explained that this issue was brought up in response to requests from citizens in the Glenvar area who wanted to expand the territory that will be given a second vote. He also described the history behind the decision to allow certain areas in west Roanoke County the opportunity for a second referendum to join the City of Salem. Supervisor Johnson advised that the original May 29, 1990 41 _0 - ====< negotiators asked that the entire Catawba Magisterial District be included in the second vote but that was rejected by Salem. He pointed out that the areas chosen were a compromise settlement. In response to a question from Supervisor Nickens regarding the fate of Glenvar Schoo~ and Green Hill Park if Glenvar becomes a part of Salem, Supervisor McGraw stated it was his understanding that Salem would close the school. However, he did not have official word on the future use of Green Hill Park, but there was a possibility it would be converted to an industrial park. He pointed out that future Salem elections would include representatives from the Glenvar area who would have input into these decisions. Supervisor Johnson asked what would happen to the landfill and reservoir if Salem expands its boundaries. Mr. Mahoney responded that the landfill, reservoir and Public Service Center would not be transferred to the City of Salem, but any agreement on taxes has not yet been negotiated. Supervisor McGraw advised he would address this issue in the next item. Supervisor McGraw moved to approve this change to the agreement. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens 5. Authorization to DreDare a seDarate aqreement between the City of Salem. the County and Roanoke city to sDecify the terms and conditions under which this territory would be . 4 1 1 May 29, 1990 - - combined with the City of Salem: Supervisor McGraw moved to approve this item with · specific language added regarding taxation of the landfill and reservoir, and that the issue be brought back to the Board of Supervisors for a vote. Mr. Mahoney explained that one jurisdiction may tax another jurisdiction a portion of the tax rate for specified services that may be provided. The County currently pays such a reduced tax on the courthouse and jail located in Salem. In response to a question from Supervisor Eddy, Mr. Mahoney advised that one locality imposes the tax on another and a negotiated agreement is not necessary. Supervisor Johnson stated he could not support this change to the agreement. · Supervisor McGraw's motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens IN RE: PROVISION CONCERNING REASSIGNMENT OF SCHOOL FACULTY AND PERSONNEL Supervisor Robers suggested that the Board of Supervisors adopt a position that the teachers who currently teach in Roanoke County schools be given preference to continue to teach in those schools. Supervisor McGraw suggested that the · same request be extended on behalf of the Roanoke City school personnel. Supervisor Johnson asked Mr. Mahoney to bring back May 29, 1990 41 2 = ====< the specific language to the board. Supervisor Eddy asked that a specific cutoff date be adopted in the language. IN RE: ADJOURNMENT Supervisor Nickens moved to adjourn at 7:10 p.m. Mr. Mahoney advised that he would like to get the specific language on the changes back to the board so~hat he may begin the legal advertising on the changes. Mr. Mahoney explained what would be included in the legal notice. Supervisor Robers offered a substitute motion to adjourn to 5:00 p.m. on June 4, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~filJfj /) R'cha W. Robers, Chairman . .