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HomeMy WebLinkAbout8/14/1990 - Regular August 14, 1990 58 8 - - . Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 August 14, 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 first regularly scheduled meeting of the month of August, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Dob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESEN'l': Elmer C. Hodge, ~ounty Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, 58 9 August 14, 1990 '- - Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Sam Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of ADDreciation to HODe Patsel UDon her retirement. R-81490-1 Hope Patsel was present to receive the resolution and a United States savings bond from Chairman Robers. 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 81490-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HOPE P. PATSEL FOR THIRTY YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Hope P. Patsel was first employed in March of 1960 as a Real Estate Clerk in the Commissioner of the Revenue's Office, and WHEREAS, Hope P. Patsel has also served as Account Clerk II, Real Estate Clerk III and Real Estate Clerk Supervisor, August 14, 1990 5 9 0 ~! and WHEREAS, in 1986 and 1987, in honor of her many accomplishments and dedicated service, Mrs. Patsel was twice named the Departmental Employee of the Year from the Commissioner of the Revenue's Office, and WHEREAS, in 1987, she was chosen as the Roanoke County Employee of the Year, recognizing her excellence in performance of job duties and display of service to the public and to fellow employees, and WHEREAS, through her employment with Roanoke County, Hope P. Patsel has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to HOPE P. PATSEL for thirty years of capable, loyal, and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None ~ Recoanition of Diane Hvatt and Paul Grice for receivina the Government Finance Officers Association Certificate 59 1 August 14, 1990 - of Achievement for Excellence in Financial Reportinq Chairman Robers presented a plaque to Mrs. Hyatt and a framed certificate to Paul Grice. ~ Presentation to Don Mvers from Police Department Ray Lavinder, Roanoke County Police Department, . presented a plaque to Assistant County Administrator Don Myers and expressed appreciation for his assistance and work during the Police Department transition. IN RE: NEW BUSINESS ~ Presentation on Roanoke County Recvclinq. A-81490-2 County Administrator Elmer Hodge introduced Ann Weave and Ellen Aiken from the Clean Valley Council, Director of General Services Gardner Smith and Nancy Bailey, Solid Waste Coordinator. . Ann Weaver summarized the Clean Valley Council's actions supporting recycling throughout the Roanoke Valley. She advised there was a Recycling Committee in place and they would reconvene in the fall to set their focus. Gardner Smith introduced those on his staff who were involved in recycling. He explained that the staff has the following plans regarding recycling: (1) writing a comprehensive plan; (2) testing of twice monthly curbside collection of 150 homes; (3) testing of commingled monthly collections of 1500 homes; (4) fielding of two new automated systems in late October; August 14, 1990 592 ---------- and (5) investigation of mobile dropoff stations. - Mr. Hodge advised he recommended continuing on the present course and updating the board throughout the year. Supervisor Eddy advised he still supþorted a county recycling advisory committee, explaining that many citizens are interested in the subject and this would be an opportunity for them to become involved. Supervisor Eddy moved to create a Roanoke County Recycling Advisory Committee and that the County Administrator bring back recommendations on the makeup of the committee. In response to a question from Supervisor Robers regarding the makeup of the committee, Superviosr Eddy advised he has described his recommendations in a previously written memorandum. Mr. Hodge responded that he still felt this was a regional issue and should be addressed regionally. . Supervisor Johnson offered a substitute motion to refer the matter to staff to bring back a recommendation at the next meeting. The substitute motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Eddy, McGraw, Robers Supervisor Eddy's original motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Robers NAYS: Supervisors Johnson, Nickens ~ Reauest to acceÞt an~ aÞÞroÞriate two arants on 593 August 14, 1990 - - behalf of the Department of Social Services. A-81490-3 Director of Social Services Betty Lucas reported that one of these grants is in the amount of $6,954 for a volunteer parent aid program in which volunteers work with parents who have abused or neglected their children, and the second grant in the amount of $2,288 is for an Independent Living Initiatives Program . which helps teenage children bridge the gap between foster care and the ability to live on their own. Supervisor McGraw moved to accept the grants. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Acceptance of a arant bv the County Library for a Literacy Proaram. A-81490-4 Library Director George Garretson explained that this . grant is for $1,000 from the Southland Corporation to assist in funding a Literacy Program. Approximately 420 board books for babies and children will be provided to hospitals and pre-natal clinics for distribution during Children's Book Week, the second week in November. Supervisor Nickens moved to accept the grant. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers August 14, .1990 594 - NAYS: None = ~ Aooroval of amendments to Emolovee Handbook concerning Police Deoartment emolovees A-81490-S Assistant Director of Human Resources Kathy Claytor reported that one of the amendments provides procedural guarantees to employees of the Police Department who serve in a law enforcement capacity and are required by Title 2.1 of the Code of Virginia. They apply to an officer who is subject to an interrogation which could lead to di~missal, demotion, suspension or transfer for punitive reasons. The second amendment increases the number of days an employee may be suspended for disciplinary action from five to twenty-one work days. Supervisor Eddy moved to approve the amendments to the Employee Handbook. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REQUEST FOR WORK SESSIONS . ~ Joint Work Session with Plannina Commission Three weekends in September were suggested as possible dates for the joint work session. Following discussion, there was board consensus to schedule the joint work session for 595 August 14, 1990 - September 21 and 22, 1990 IN RE: FIRST READING OF ORDINANCES · ~ Ordinance reauestina vacation of a 50 foot riaht- of-way referred to as "Goff Road" recorded in Plat Book 3. paae 59. and located in the Catawba Magisterial District. Director of Development and Inspections Arnold Covey advised that Mr. Hartwell Philips and Mrs. violet Moomaw Hull are requesting that the Board vacate the right-of-way because the property to the west has been developed with access by way of Barrens Road and Deer Branch Road and there is no need for this portion of the right-of-way. Supervisor McGraw moved to approve first reading of the · ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance authorizina Deed of Exchanae and Partial Release of easement for water facilities at Tanqlewood Mall. There was no discussion of this issue. Supervisor Nickens moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers · NAYS: None August 14, 1990 596 - IN RE: SECOND READING OF ORDINANCES ~ Ordinance imposing or increasina user fees for the Parks and Recreation Deoartment. (CONTINUED FROM JULY 24. 1990). 0-81490-6 Mr. Hodge reviewed what action has taken place regarding this proposed ordinance. He advised that a compromise had been reached with those organizations who had expressed concern with the ordinance. He recommended approval of the compromise and emphasized that no resident will be eliminated from a program because of inability to pay the fee. Supervisor Nickens moved to approve the ordinance as modified by Supervisor Eddy's written suggestions. He withdrew his motion to allow for citizen comments. The following citizens spoke in opposition to the proposed ordinance: . 1. Fred Corbett, 5522 Stearnes Avenue, questioned facts sent to him in a letter from County Administrator Elmer Hodge. He advised he was still in opposition to the fee. 2. Judy Moore, 7647 Apple Grove Lane, a Girl Scout leader in the outdoor program, advised that costs to the Girl Scouts would increase 30% with the user fees. Assistant County Administrator John Chambliss responded that they are looking at ways to address this program and the new ordinance will eliminate 597 . August 14, 1990 - - the $5.00 fee for youth groups participating in all programs. 3. Jerry Higginbotham, 7215 Hollyberry Road, spoke in opposition, advising that the County only provides fields and referees for soccer. Mr. Chambliss advised that the fee will begin with the next series of courses and sports. Supervisor Eddy advised that County Attorney Paul Mahoney had modified the ordinance to include his suggestions. Supervisor McGraw asked which alternative had the least cost and impact to the citizens. Mr. Chambliss advised that Alternate #3 . in tha staff report; approval of the original ordinance with the exception of the youth athletic section, removal of participant fee for exclusively youth activities, and appropriation from the unappropriated balance to cover the loss of these funds. Supervisor McGraw moved to approve alternative #3 as explained above. The motion was defeated by the following recorded vote: AYES: Supervisors McGraw, Johnson NAYS: Supervisors Eddy Nickens, Robers Supervisor Nickens moved to approve the ordinance as modified by Supervisor Eddy and that fees be effective with the next sport season signups and next class signups and that the County Administrator establish a committee made up of those citizens who spoke to study the fees for the Therapeutics Program. The motion carried by the following recorded vote: 10 August 14, 1990 598 - AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers - NAYS: None ORDINANCE 81490-6 AUTHORIZING THE IMPOSING OR INCREASING OF CERTAIN FEES FOR SERVICES FOR PARKS AND RECREATION ACTIVITIES WHEREAS, on September 20, 1989, the Board of Supervisors of Roanoke County, Virginia, selected David M. Griffith and Associates, Ltd. to conduct a detailed cost/revenue study focusing upon an analysis of user fee services; and WHEREAS, the purpose of said user fee study was to calculate the full costs of providing specific services, compare costs with the revenues received for these services, and recommend fee levels to recover the full costs of services when . such fees are practical; and WHEREAS, the Board has found that it is both equitable and efficient to ensure that those individuals who benefit from certain governmental services bear an appropriate portion of the cost thereof while reducing general service cost subsidies; and WHEREAS, as a result of said study the Board determined that it was in the public interest to increase certain user fees, as modified by staff recommendations, budget work sessions, and citizen comments in order to recover a portion of the direct and indirect costs of providing certain services as provided herein; and WHEREAS, the first reading on this ordinance was held 599 August 14, 1990 - on May 22, 1990, and the second reading on this ordinance was held on August 14, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Director of the Roanoke County Department of Parks and Recreation is hereby a~thorized to establish fees for parks and recreation services and activities, subject to the approval of the County Administrator, and subject to the following standards: a) Definitions: Indirect costs include the general fund appropriation for each of the cost centers associated with the recreation area based on the previous fiscal year budget, plus the allocation of the central administrative costs for the Department of Parks and Recreation, and in the case of athletics, the share of the ballfield maintenance, which is provided by the Parks Division of the Department. . Direct costs relate to the specific costs of instructors and associated supplies. The registration fee is proposed to be established at $5 per participant, per activity and the membership fee is proposed to be $10 annually for senior citizens, in lieu of a registration fee. b) Standards: The standards, which were approved by the Parks & Recreation Advisory Commission, are as follows: 1) For activities included under . · August 14, 1990 60 0 - community education: leisure arts, outdoor adventure and adult athletics, the fee shall be based upon a $5 registration fee, per participant, plus 25% of the indirect cost, plus 100% of the direct cost. In any of the programs offered by these divisions primarily for youth under 18 years of age, there shall be no $5 per participant fee. 2) For youth athletics, in lieu of a $5 registration fee per participant, the participating recreation clubs and Department of Parks and Recreation may implement cost savings and cost sharing alternative~ to offset the revenue which would have been generated through the suggested user fees. 3) For special events, the budget shall recover 40% of the indirect cost and 100% of the direct cost. 4) For therapeutics, there shall be a recovery of 20% of the direct cost. 5) For senior citizens, there shall be a $10 membership fee, plus 100% of direct cost associated with the program. 2. That the Director shall develop guidelines for the waiver or reduction of fees based upon demonstrable hardship and inability to pay and shall implement related policies. 3. That the effective date of this ordinance and for the imposition of the fees and charges authorized herein shall be August 14, 1990. On motion of Supervisor Nickens to approve ordinance ô 0 1 August 14, 1990 - ~ >-- amended by Supervisor Eddy, and that the fees be effective with the next sport season signups and nðKt class signups, and that the County Administrator establish a citizen committee to study fees for the therapeutics program, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS ~ Reauest from Supervisor Nickens for Board member attendance at the National Institute of Justice Proaram. No supervisor was availabl~ to attend and Supervisor Nickens asked the County Administrator to assign someone to attend the program. Suoervisor EddY: (1) Announced he will not attend the VACO Conference. (2) Asked the County Attorney for an update regarding (a) a n01se or public nuisance ordinance, and (b) a county-wide smoking ordinance. Mr. Mahoney responded that the staff will bring back a recommendation that will strengthen the noise ordinance and he has circulated to the board members and staff a draft of the smoking ordinance. He advised that enforcement is the problem with the smoking ordinance because violations are civil offenses, rather than criminal offenses. . (3) Noted that the County Attorney has recommended increasing the bingo and raffle permit audit fee from 1% to 2%. He asked - August 14, ¡990 602 lUL aud receiveð board consensus to have the County Attorney bring back a report and recommendation. Suoervisor Johnson: advised that the Board of Zoning Appeals had denied a request from a resident for a zoning variance to park her trailer in front of the building line. He pointed out this could be a hardship on some families and asked the County Attorney to research the issue and bring back a recommendation on a possible ordinance revision. Supervisor Eddy suggested including the Planning Commission in these discussions. Suoervisor McGraw: (1) Announced that the VACo Executive Director Search Committee had met in Charlottesville and plan to have someone hired and in place by November. (2) Announced he felt that the SDN Research Report on consolidation was slanted and the facts were misconstrued. Supervisors Johnson and Nickens concurred and board members expressed concern about the local newspaper editorial. He asked the County Administrator to review the final report and bring back to the Board a full report on the research, and further requested that the information be published in Roanoke County Todav. (3) Expressed concern about a letter from Donna Wood and the Landfill Citizens Advisory Committee stating that Montgomery County should not be allowed to join the landfill. He aSKed that everyone keep an open ~ind because the savings could reach $6 million if other adjacent localities joined the landfill. Suoervisor Robers (1) Advised that he attended a reception for former Hollins College President Paula Brownlee and 60 3 August 14, 1990 - - asked that a letter to be sent to her expressing our appreciation for her work and assistance to Roanoke County. Supervisor McGraw suggested that the letter be sent under Supervisor Johnson's signature. (2) Announced there will be another conference regarding the Smart Highway on September 14, 1990 at VPI&SU. suoervisor Nickens: Asked for a report on the refund to recreation clubs who paid insurance to run concession stands. Assistant County Administrator John Chambliss advised that he is working with the recreation clubs on this issue. IN RE: APPOINTMENTS A-81490-7 ~ Buildina Code Board of Adiustments and Aooeals Supervisor Nickens moved to abolish one alternate position on this board. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Community Corrections Resource Board Supervisor Eddy nominated Edmund Kielty to fulfill the term from 1989 to 1990 and nominated him to another one-year term which will expire August 13, 1991. ~ Industrial Develooment Authority Supervisor Johnson nominated J. Carson Quarles to another four-year term which will expire September 26, 1994. August 14, 1990 60 4 - . IN RE: CONSENT AGENDA R-81490-8 Supervisor Nickens moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None RESOLUTION 81490-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: . 1. that the certain section of the agenda of the Board of Supervisors for August 14, 1990 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each i tern separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Approval of Minutes - June 26, 1990, July 10, 1990, July 24, 1990. 2. Acknowledgement from the Virginia Department of Transportation of the acceptance of 0.29 mile of Countrywood Drive (Route 1999) and sections of Route 612 into the Secondary System. 3. Acceptance of water and sanitary sewer facilities serving Kingston Court, Section 2. 4. Resolution requestin~ changes in the Secondary System due to relocation and reconstruction of Old Mill Road. 5. Acceptance of water and sanitary sewer facilities serving "The Park" at Valleypointe Phase II, 60 5 August 14, 1990 -- - ~ Building c. 6. Donation of water line easements across Lots 10 and 11, Section 8, La Bellevue. 7. Donation of drainage easement from Hugh H. Wells and Margaret H. Wells - Chaparral Drive Project. 8. Donation of drainage·easements in connection with the Givens Avenue Drainage Project and the Alleghany Drive Project. 9. Donation of drainage easement through Lots 10, 11, 13, Block 2, North Hills Subdivision - Greenway Drive. 10. Donation of sanitary sewer and drainage easements in connection with the Grandin Road Extension Project. 11. Donation of a drainage easement from Lawrence R. Morgan and Michele Maureen Morgan - Wing Commander Drive Project. 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, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. John M. Staley. 115 Tamoa Dr. spoke regarding the Zoning Ordinance which requires parking recreational vehicles or boat trailers behind the building lot line. He advised this was . . August 14, 1990 606 - impossible to accomplish with many lots, and costs to store these types of vehicles are expensive and create a hardship on families. Supervisor Johnson responded that this had been discussed earlier and advised that County Attorney Paul Mahoney is researching this ordinance and will report back to the Board of Supervisors. . IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports following discussion of items 5, 6 and 7. The motion carried by unanimous voice vote. 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid - June 1990 5. Report on new financial system. 6. Report on contingency plan for possible state reduction of local funding. . 7. Report on Street Light Replacement Program IN RE: EXECUTIVE SESSION Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7) to discuss a legal matter requiring the provision of legal advice and briefing by staff concerning negotiations wi th respect to an agreement 607 August 14, 1990 - - between Roanoke City, Roanoke County and the Virginia Tech Real Estate Foundation Inc. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, NAYS: Supervisor Robers IN RE: CERTIFICATION OF EXECUTIVE SESSION R-81490-9 At 6:30 p.m., the Board returned to open session. Supervisor Robers moved to adopt the resolution certifying the Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens RESOLUTION 81490-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom 01 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 August 14, 1990 60 8 conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: . 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were 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 Robers, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers . NAYS: None ABSENT: Supervisor Nickens IN RE: ADJOURNMENT Supervisor Johnson moved to adjourn at 6:35 p.m. The motion carried by the following voice vote: AYES: Supervisors Eddy, MCGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~~~·~bers, Chairman