4/10/2001 - Regular
April 10, 2001
199
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 10, 2001
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 April, 2001.
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 Joseph
“Butch” Church, Supervisors Bob L. Johnson, Joseph
McNamara, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan R. O’Donnell,
Assistant County Administrator; Kathi B. Scearce, Community
Relations Director
IN RE: OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Minnix asked for a work session to discuss use of public park
facilities on April 24, 2001.
Supervisor Nickens asked that an item be brought back to next meeting to
consider increasing the income level to freeze taxes for senior and disabled citizens.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1. Recognition of Ken Broughman for being named Officer of the
Year by the Salem-Roanoke County Chamber of Commerce.
Officer Broughman was present to receive his certificate of recognition for his
handling of safely capturing a dog who was chasing livestock, providing assistance to a
stranded motorist, and assisting the Police Department during the funeral of an officer.
IN RE: NEW BUSINESS
1. Request for approval of the Roanoke Regional Airport
Commission budget for fiscal year 2001-2002. (Diane Hyatt, Chief
Financial Officer, and Jacqueline Shuck, Executive Director,
Roanoke Regional Airport)
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Ms. Hyatt reported that the Roanoke Regional Airport Commission is required
to submit their budget to the Roanoke County Board of Supervisors and the Roanoke City
Council for approval before it can be formally adopted by the Commission. At its meeting
on March 14, 2001, the Commission approved the budget for fiscal year 2001-2002 to be
forwarded to the governing bodies of the two localities.
The 2001-2002 budget for the Roanoke Regional Airport Commission shows
revenues of $6,543,009 and expenditures of $6,119,135. This reflects that airport
operations are self supporting and do not require any additional supplement from either
the County or the City. This budget includes a 4% salary increase for employees.
Ms. Hyatt advised that on June 30, 1996, the County made its final payment
of $264,640 which completed our original ten year capital contribution to the airport. There
will not be any additional monies needed as a result of this budget.
Ms. Shuck advised that the budget includes capital projects that are expected
to exceed $100,000 and reported that the overlay of runway 6/24 will be brought up to FAA
standards.
Supervisor Johnson asked when the parking lot will be expanded. Ms. Shuck
responded that they will expand the overflow lot and then look at the deck in front of the
airport. They will be breaking ground on the employee parking lot in June. Supervisor
McNamara asked if there were plans for better screening equipment and Ms. Shuck
responded that they hope to get a “sniffer” that will detect explosives.
Supervisor Minnix moved to approve the Airport Commission budget. The
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motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 041001-1 APPROVING THE ROANOKE REGIONAL
AIRPORT COMMISSION BUDGET FOR FY 2001-2002, UPON CERTAIN
TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act
and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the
Roanoke Regional Airport Commission provide that the Commission shall prepare and
submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of
the County and City Council of the City; and
WHEREAS, by report dated March 15, 2001, a copy of which is on file in the
office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the FY 2001-2002 budget of
the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the FY 2001-2002 budget and proposed capital expenditures for the
Roanoke Regional Airport Commission as set forth in the March 15, 2001, report of the
Commission Executive Director, a copy of which is incorporated by reference herein, is
hereby APPROVED, and the County Administrator and the Clerk are authorized to execute
and attest, respectively, on behalf of the County, any documentation, in form approved by
the County Attorney, necessary to evidence said approval.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. Request for $23,160 to cover local costs associated with the
state-wide Democratic Primary to be held June 12, 2001. (Diane
St. John, Registrar)
A-041001-2
Ms. St. John advised that the Democratic Party has called for a June 12,
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2001 state-wide primary and there are no funds in the Registrar’s budget to cover the local
costs associated with the primary. She requested $23,160 from the General Fund
unappropriated balance to cover these costs.
Supervisor Church moved to approve funding of $23,160 from the
unappropriated balance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
3. Request for approval of Health Insurance rates for the 2001-2002
fiscal year. (Danial Morris, Finance Director)
A-041001-3
Mr. Morris reported that on March 1, 2001, Trigon presented a proposal for a
23.2% increase for fiscal year 2001-02. Subsequently, this increase was negotiated down
to an overall increase of 17.4%. Plan benefits remain intact and unchanged from the
current year. The only administrative change was to the specific stop loss limit for an
individual plan member, which was increased from $75,000 to $100,000. Prescription drug
pricing and utilization continue to grow at well over 25% annually. These, as well as high
overall utilization of medical providers and facilities, account for this increase in costs. A
three-tiered prescription drug plan was adopted this year to try and slow the growth in plan
costs for prescription drugs.
Mr. Morris reported that a team of County and School representatives
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participated in discussions with Trigon, and Palmer & Cay, insurance consultant to the
County and Schools. This team agreed that it was important to maintain the current level
of benefits since there were numerous changes when the coverage was changed this fiscal
year from AETNA to Trigon. As this increase is substantial, it was also recommended that
the current percentages paid by the employer and employees be maintained.
Supervisor Johnson asked if there were savings with the Point of Service
Plan and Supervisor Church asked if the County was considering eliminating the
Comprehensive Plan. Mr. Morris responded that there are only 48 employees currently in
the Comprehensive Plan and their goal is to eliminate this plan in the future.
Supervisor Minnix moved to approve the health insurance rates. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
4. Request for approval of Dental Insurance rates for the 2001-2002
fiscal year. (Danial Morris, Finance Director)
A-041001-4
Mr. Morris advised that the County of Roanoke and Roanoke County Schools
participate in a group dental insurance program for their eligible employees. The provider
is Delta Dental and the group includes members from the Roanoke Valley Regional Health
Care Consortium. The Consortium contract with the present vendor began January 1,
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1998 and is in the first year of a two-year contract extension available under the contract.
The plan benefits will remain unchanged from the current year. The percentage of
premium paid by the employer and the employee remain the same under this rate
proposal.
In response to an inquiry from Supervisor Johnson, Mr. Morris reported that
the dental program is the only program that has been successfully bid by the consortium.
Trigon refuses to work with the consortium and provides bids individually.
Supervisor Nickens moved to approve the dental insurance rates. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
5. Update on Blue Ridge Parkway Visitor Center and request for
appropriation of funds as follows: (Diane Hyatt, Chief Financial
Officer)
a. Appropriation of $211,000 TEA-21 grant funds for exhibit
fabrication in the Blue Ridge Parkway Visitor Center.
A-041001-5
Ms. Hyatt updated the Board on the Blue Ridge Parkway Visitors Center
Grand Opening which is scheduled for May 7 at 2:00 p.m. She also announced that the
County was notified in December 2000 that we had been approved for $211,000 of TEA-21
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funds based on our application. The County also recently received approval from VDOT,
which administers the distribution of the grant, that we are now cleared to begin spending
these funds.
These funds will be used to prepare the construction specs of the exhibits
from the preliminary design that is currently available, furnish the theater area with
equipment and seating, upfit the lobby area with track lighting, furnishings and racks,
fabricate the large rock formation that serves as the entrance to the exhibit area, and
fabricate the “Region Today” portion of the exhibit.
Ms. Hyatt explained that the TEA-21 funds require a 20% match; however,
the money that the County has already spent on the preliminary design of the exhibits will
meet this match requirement. She requested that the Board appropriate $211,000 TEA-21
grant funds to complete work inside the Blue Ridge Parkway Visitor Center.
Supervisor Nickens commended former employee Joyce Waugh’s efforts on
this project and moved to approve $211,000 grant fund appropriation. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
b. Appropriation of $25,000 to replace anticipated grant
funds for construction of the Blue Ridge Parkway Visitor
Center.
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A-041001-6
Ms. Hyatt advised that on February 29, 2000, the Board approved the
construction of the Blue Ridge Parkway Visitor Center with a total budget of $1,284,800.
This construction budget was funded from a variety of revenue sources, including Federal
Highway Administration, the National Park Service, regional grants, and County funds.
One of these sources was an anticipated grant of $50,000 from Regional Competitiveness
Funds. At the time staff informed the board that if these funds did not materialize we would
return for an additional allocation of County funds.
Ms. Hyatt explained that although the County applied for $50,000 of Regional
Competitiveness grant funds, the awarded grant was only $25,000. We participated in an
additional round of grant funding requests from the group and were unsuccessful in
obtaining additional funds. Because of this shortfall of anticipated grant revenues, it is
recommended that the $25,000 shortfall be appropriated from the Capital Fund
Unappropriated Balance.
Supervisor Minnix moved to approve funding of $25,000 from Capital Fund
Unappropriated Balance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
6. Request to adopt the following tax rates for calendar year 2001:
(Brent Robertson, Budget Director)
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a. Real Estate tax rate of $1.13 per $100 assessed valuation
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Mr. Robertson reported that the tax rates was advertised on March 13 and
20, 2001, and the public hearing for citizen comment was held on March 27, 2001.
Supervisor McNamara asked whether the Board could consider reductions in
the tax rate later in the year if the state makes changes in their budget and increases
funding for Roanoke County. Mr. Mahoney responded that the tax rate can be amended in
the middle of the year as long as the proper procedures are followed.
There was considerable discussion about the possibility of reducing the tax
rates, with most Board members in support of some reduction but concerned about the
impact of the lost state revenues and how that would affect the County budget and
employee salaries. Supervisor Nickens noted that by reducing the tax rate by only one
cent, it would only involve some “belt tightening” by the County. After additional
discussion, Supervisor Nickens moved to call for the question. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
Supervisor Nickens moved to approve the real estate tax rate of $1.12. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
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ORDER 041001-7 SETTING THE TAX RATE ON REAL ESTATE SITUATE
IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2001
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia,
that the levy for the twelve-month period beginning January 1, 2001, and ending December
$1.12
31, 2001, be, and hereby is, set for a tax rate of per one hundred dollars of
assessed valuation on all taxable real estate and mobile homes classified by §§ 58.1-
3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as
amended, situate in Roanoke County.
On motion of Supervisor Nickens to adopt the order setting the real estate tax
rate at $1.12, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
b. Personal Property tax rate of $3.50 per $100 assessed
valuation;
R-041001-8
There was no discussion and Supervisor Johnson moved to approve the
personal property tax rate of $3.50 per $100 assessed valuation. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDER 041001-8 SETTING THE TAX LEVY ON PERSONAL PROPERTY
SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2001
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the levy for the twelve-month period beginning January 1, 2001,
$3.50
and ending December 31, 2001, be, and hereby is, set for a tax rate of per one
hundred dollars of assessed valuation on all taxable, tangible personal property, excluding
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that class of personal property generally designated as machinery and tools as set forth in
§ 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of
household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of
the 1950 Code of Virginia, as amended, but including the property separately classified by
§§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended,
of public service corporations based upon the assessed value thereof fixed by the State
Corporation Commission and duly certified.
2. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in § 58.1-
3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-
11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1, 2001,
fifty (50%) percent
and ending December 31, 2001, be, and hereby is, set at of the tax
rate established in paragraph 1 for the taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by §
58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor
Vehicles for Disabled Veterans.
On motion of Supervisor Johnson to adopt the order setting the personal
property tax at $3.50, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
c. Machinery and Tools tax rate of $3.00 per $100 assessed
valuation
R-041001-9
There was no discussion and Supervisor Nickens moved to approve the
machinery and tools tax rate of $3.00 per $100 assessed valuation. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDER 041001-9 SETTING THE TAX LEVY ON A CLASSIFICATION OF
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PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN
ROANOKE COUNTY FOR THE CALENDAR YEAR 2001
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in § 58.1-
3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery
and tools.
2. That the levy for the twelve-month period beginning January 1, 2001,
$3.00
and ending December 31, 2001, be, and hereby is, set for a tax rate of per one
hundred dollars of assessed valuation on all taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by §
58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as
machinery and tools.
On motion of Supervisor Nickens to adopt the order setting the machinery
and tools tax at $3.00, and carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing quitclaim and release of a 20-foot water
line easement and 20 foot sanitary sewer easement within the
boundaries of Sequoia Drive and located between the temporary
cul-de-sac, Sequoia Drive, Whitney Estates, Section 1 and the
cul-de-sac, Sequoia Drive, Whitney Estates, Section 2 in the
Catawba Magisterial District. (Arnold Covey, Community
Development Director)
Mr. Covey reported that this is the first reading of the proposed ordinance to
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authorize quitclaim and release of a water line and sanitary sewer easement within the
boundaries of Sequoia Drive, and located between the temporary cul-de-sac, Sequoia
Drive, Whitney Estates, Section 1 and the cul-de-sac, Sequoia Drive, Whitney Estates,
Section 2. The release would be for as long as the subject section of Sequoia Drive is
used as part of the public street or highway system; however the easement would not be
vacated by the Board and would revert to the County in the event of abandonment of the
street or highway.
Supervisor Johnson requested that staff check on the magisterial district to
determine if it was correctly identified as the Catawba District.
Supervisor Church moved to approve the first reading and set the second
reading for April 24, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. First reading of ordinance authorizing the sale of 0.24 acre
surplus public property known as the Leslie Well Lot located on
Starkey Lane and the reservation of a 20 foot utility easement.
(Melinda Cox, Economic Development Specialist)
Ms. Cox advised that the County has received an offer from an economic
development prospect to purchase the Leslie well lot located on Starkey Lane, a private
road. The prospect is an existing business that must relocate in order to expand.
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Although commercial in nature, the zoning ordinance classifies the prospect as an I-2
operation. After two years of negotiating, the prospect has a signed real estate contract
with a private landowner to purchase 2.18 acres in southwest County which are zoned I-2.
In order to access this property, the prospect needs a 30 foot easement on a private road
on private land leading to the site. The current owner has agreed to grant the easement.
Supervisor Minnix moved to approve the first reading and set the second
reading for April 24, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of ordinance amending Chapter 15 of the
Roanoke County Code prohibiting the flying of any aircraft
including motorized and non-motorized remote control planes,
helicopters, and gliders in public parks without a County Parks &
Recreation Permit. (Pete Haislip, Director of Parks, Recreation
and Tourism) (POSTPONED TO MAY 8, 2001)
This item was postponed until May 8, 2001.
2. Second reading of ordinance to approve the purchase and
financing of the Salem Bank & Trust Building. (Elmer C. Hodge,
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County Administrator)
O-041001-10
Mr. Hodge reported that on March 13, 2001, the Board authorized the County
staff to proceed with the purchase and financing of the Salem Bank & Trust Building. The
County will purchase the building for $2,400,000 from East Main Properties, L.L.C. The
financing will be done as a lease/purchase through the Industrial Development Authority of
Roanoke County (IDA), will be owned by the County, leased to the IDA for a period not to
exceed 25 years, and leased back to the County. The County currently leases three of the
five floors of the building for Social Services, so the financing will be 60% non-taxable and
40% taxable.
Mr. Hodge offered two options for funding: Alternative #1: to authorize the
purchase of the building, closing costs, and installation of new fire alarm through a
financing not to exceed $2,650,000, with the following steps: (a) Adopt the attached
ordinance authorizing the financing of the building; (b) Establish a separate self-supporting
fund for the building revenues and expenditures. Any unused balances at the end of each
fiscal year will remain in the fund for future capital improvements to the building; and (c)
Appropriate the budget for the building for the remainder of the 2000-2001 fiscal year.
Alternative #2: Authorize the purchase of the building and closing costs through a
financing not to exceed $2,500,000, and the costs of the fire alarm to come from the capital
fund, with the following steps: (a) Adopt the attached ordinance authorizing the financing of
the building; (b) Establish a separate self-supporting fund for the building revenues and
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expenditures. Any unused balances at the end of each fiscal year will remain in the fund
for future capital improvements to the building; (c) Appropriate the budget for the building
for the remainder of the 2000-2001 fiscal year; and (d) Appropriate $150,000 from the
Capital Unappropriated Balance for the purchase of the fire alarm.
Mr. Hodge expressed support for Alternative #2. Supervisor McNamara
disagreed and recommended Alternative #1 which would leave the funds in the Capital
Fund. Supervisor Johnson advised that he has abstained from voting because his
business owns the property but asked Mr. Mahoney if he could discuss the funding
methods. Mr. Mahoney advised he could, and Supervisor Johnson expressed support for
Supervisor McNamara’s recommendation.
Supervisor McNamara moved to adopt the ordinance authorizing the
purchase of the building, closing costs, and installation of new fire alarm through a
financing not to exceed $2,650,000, with funding as follows: (1) Establish a separate self-
supporting fund for the building revenues and expenditures. Any unused balances at the
end of each fiscal year will remain in the fund for future capital improvements to the
building; and (2) Appropriate the budget for the building for the remainder of the 2000-
2001 fiscal year as outlined in the Board report. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Johnson
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ORDINANCE 041001-10 AUTHORIZING THE ACQUISITION OF 0.68
ACRES OF REAL ESTATE (TAX MAP PARCEL NUMBERS 106-13-6, -2
AND –1) FOR COUNTY OFFICE FACILITIES AND REQUESTING THE
INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE LEASE REVENUE
BONDS TO FINANCE THE ACQUISITION OF OFFICE FACILITIES FOR
THE COUNTY
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County") has determined that it is necessary and advisable to undertake the acquisition,
renovation, and equipping of certain real estate identified as the "Salem Bank & Trust
Building", a portion of which shall be used by the County's department of social services
(the "Project"), and
WHEREAS, the Board of Supervisors of the County proposes to provide for the
issuance of lease revenue bonds through the Industrial Development Authority of Roanoke
County, Virginia (the "Authority") to finance the Project, and
WHEREAS, the County will lease the Project to the Authority pursuant to a lease
("Prime Lease") and the lease revenue bonds will be payable solely from revenues derived
by the Authority from a Lease from the Authority to the County ("Lease") pursuant to which
the Authority will lease the Project back to the County, and
WHEREAS, the lease revenue bonds will be issued pursuant to the following
documents: (i) Prime Lease; (ii) Lease; (iii) Deed of Trust from the Authority to the
individual trustees named therein, as trustees; (iv) Assignment of Rents and Leases
between the Authority and the purchaser of the Bonds ("Bond Purchaser"). All of the
documents listed above are referred to in this Ordinance as the "Basic Documents”, and
WHEREAS, the first reading of this ordinance was held on March 27, 2001, and the
second reading was held on April 10, 2001.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ROANOKE, VIRGINIA:
1. Acquisition of Project. The acquisition of 0.68 acres of real estate and
improvements thereon in the City of Salem, Virginia, located at 220 East Main Street (Tax
Map Parcel Numbers 106-13-6, 106-13-2 and 106-13-1) for the purchase price of
$2,400,000 from East Main Properties, L.L.C. is hereby authorized and approved. The
Chairman of the Board of Supervisors and the County Administrator, or either of them, is
authorized and directed to accept a deed, in form and substance acceptable to the County
Attorney, for such real estate.
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217
2. Issuance of Bonds. The Board requests the Authority to issue its lease
revenue bonds or bond (the "Bonds") in the maximum principal amount of $2,650,000 to be
paid from revenues derived from payments made by the County pursuant to the Lease.
3. Authorization of Basic Documents. The execution and delivery of and
performance by the County of its obligations under the Basic Documents to which it is a
party are authorized. The Basic Documents and the Bond shall be in such form and
contain such provisions as the County Administrator and the Chairman of the Board, or
either of them, shall approve, such approval to be evidenced conclusively by the execution
and delivery of the Lease, provided that the aggregate principal components payable
under the Lease shall not exceed $2,650,000.
4. Execution of Documents. The Chairman of the Board and the County
Administrator, or either of them, are authorized to execute on behalf of the County the
Basic Documents to which the County is a party, and, if required, to affix or to cause to be
affixed the seal of the County to the Basic Documents and to attest such seal. Such
Officers or their designees are authorized to execute and deliver on behalf of the County
such instruments, documents or certificates, and to do and perform such things and acts,
as they shall deem necessary or appropriate to carry out the transactions authorized by
this Ordinance or contemplated by the Basic Documents; and all of the foregoing,
previously done or performed by such officers or agents of the County, are in all respects
approved, ratified and confirmed.
5. Acceptance of Proposal. The County Administrator is authorized and
directed to accept the proposal for the purchase of the Bonds which the County
Administrator determines to be in the best interest of the County.
6. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic
Documents shall constitute a debt of the County and the Authority shall not be obligated to
make any payments under the Bonds or the Basic Documents except from payments made
by or on behalf of the County under the Lease. The County's obligations to make
payments pursuant to the Lease shall be subject to and dependent upon annual
appropriations being made from time to time by the Board for such purpose. Nothing in
this Ordinance, the Bonds or the Basic Documents shall constitute a pledge of the full faith
and credit of the County beyond the constitutionally permitted annual appropriations.
7. Official Intent. The Board of Supervisors adopts this declaration of official
intent under Treasury Regulations Section 1.150-2.
8. Effective Date. This Ordinance shall take effect immediately.
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The undersigned Clerk of the Board of Supervisors of the County of Roanoke,
Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the
Ordinance adopted upon second reading at a regular meeting of the Board of Supervisors
of the County of Roanoke, Virginia, held on April 10, 2001.
On motion of Supervisor McNamara to adopt the ordinance with funding as follows:
(1) Establish a separate self-supporting fund for the building revenues and expenditures.
Any unused balances at the end of each fiscal year will remain in the fund for future capital
improvements to the building; and (2) Appropriate the budget for the building for the
remainder of the 2000-2001 fiscal year as outlined in the Board report; and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Johnson
3. Denial of Second reading of ordinance authorizing a Special
Sewer Service Area/Reimbursement Agreement for the Hanging
Rock Commercial District. (Gary Robertson, Utility Director)
O-041001-11
Mr. Robertson advised that the Hanging Rock Commercial District has been
plagued with marginal septic systems for years. Because of poor soil, the area will not
meet today’s standard for new septic systems. This has been a major impediment to new
development in the area. Although public water is presently available to the area, public
sewer is more than 2,500 feet away at the Roanoke County Public Service Center.
Although the County has received numerous inquiries in the past for public sewer, existing
businesses have not chosen to financially support extension of public sewer to the area.
Mr. Robertson advised that the ordinance allocates the cost for these properties based on
an acreage basis. Staff did look at two other methods of assessing the costs. One was on
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the property assessment value basis and the other on a frontage basis. Staff felt that the
acreage was the most equitable.
Supervisor Nickens asked if the County had ever entered into this type of
agreement using acreage opposed to assessed value. Mr. Robertson responded that the
method used in the past was by parcel in residential areas or road frontage, but never on
assessed value. Supervisor Nickens expressed concern that this would set a standard for
the future determination. Mr. Mahoney responded that staff was recommending acreage
because it appears to be the fairest and most equitable manner of allocating costs.
Mike Pace, attorney representing Jim and Lloyd Hinchee
spoke. He
advised that the Hinchees own one of the five commercial parcels. They operate the
Orange Market and donated the land to create the Hanging Rock Battlefield Memorial Park
and walking trail. The Hinchee family has water and do not currently need sewer because
they have septic. They do not feel that they should have to pay the large costs for the
sewer, because they will not benefit from the service, and already donated land to the
County for tourism purposes. Additionally, the Sheetz Convenience Store will actually be
competition for them causing them to renovate the Orange Market to compete.
John Parker. P. O. Box 1011, Salem,
advised that he and his sister,
Suzanne Thornhill, jointly own the 5.22 acres. The majority of the property is a ridge and
cliff with large rocks and could not be developed. The property owned by the Miles’ has
good commercial potential use, while his property has very little potential use with only one
acre that could be developed. He expressed opposition to this becoming a special sewer
April 10, 2001
220
service district but if the decision is made to move forward, the costs should be based on
the assessment.
Supervisors McNamara and Johnson noted that it appeared that this action is
only for the convenience of the Sheetz Convenience store and will not benefit any of the
other property owners, and, in fact, may have a negative effect on the Orange Market.
Supervisor McNamara suggested deferring action to get more information, but Supervisor
Johnson questioned whether it would cause problems for Sheetz or the Miles property
owners to delay action.
Supervisor Nickens moved to DENY the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Nickens, Minnix
NAYS: Supervisor Church
DENIAL OF ORDINANCE 041001-11 AUTHORIZING THE CREATION OF
A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, HANGING ROCK
COMMERCIAL DISTRICT, APPROPRIATING FUNDS FOR THE
CONSTRUCTION OF SEWER FACILITIES THEREIN, IMPOSING AND
ALLOCATING CERTAIN FEES OR ASSESSMENTS WITH RESPECT TO
THE DEVELOPMENT OF PROPERTY LOCATED THEREIN, AND
AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT
WHEREAS, Ordinance 112288-7 authorizes the financing of local public
works improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, Sections 15.2-2243, 15.2-2400 and 15.2-2404, et seq. authorize
the County to create and establish a general sewer improvement program for a designated
area of the County having related and common sewer conditions, to install certain public
works improvements, and to impose fees, charges and assessments for said
improvements; and
WHEREAS, written notice has been given to all owners of real estate within
April 10, 2001
221
the District, and notice to the public and said owners has been published, all as required
by law; and
WHEREAS, the first reading of this Ordinance was held on March 27, 2001,
and the second reading and public hearing was held April 10, 2001; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows:
DENY
On motion of Supervisor Nickens to adoption of the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Nickens, Minnix
NAYS: Supervisor Church
4. Denial of Second reading of ordinance to rezone 4.369 acres
from AG-1 Agriculture, to AR, Agricultural Residential to
construct new single family houses located at 1114 Skyview
Road (Route 755), Catawba Magisterial District, upon the petition
of W. F. Walker. (Continued from March 27, 2001) (Terry
Harrington, County Planner)
O-041001-12
Mr. Harrington advised that this petition was continued from March 27 to
allow the Board members to visit the site and view the road conditions. Supervisor Church
advised that the Planning Commission recommended denial, the neighbors were opposed
and VDOT did not support the request. Supervisor Minnix pointed out that a stormwater
management plan would have to be included for him to support the request.
Supervisor Nickens moved to DENY the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Nickens, Minnix
April 10, 2001
222
NAYS: Supervisor Johnson
DENIAL OF ORDINANCE 041001-12 TO CHANGE THE ZONING
CLASSIFICATION OF A 4.369-ACRE TRACT OF REAL ESTATE
LOCATED AT 1114 SKYVIEW ROAD (ROUTE 755), (TAX MAP NO. 45.03-
1-21), IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF AG-1, AGRICULTURAL/RURAL LOW DENSITY, TO
THE ZONING CLASSIFICATION OF AR, AGRICULTURAL RESIDENTIAL,
UPON THE APPLICATION OF W. F. WALKER
WHEREAS, the first reading of this ordinance was held on February 27,
2001, and the second reading and public hearing were held March 27, 2001, and
continued to April 10, 2001; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing
on this matter on March 6, 2001; and
WHEREAS, legal notice and advertisement has been provided as required
by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
DENY
On motion of Supervisor Nickens to adoption of the ordinance, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Nickens, Minnix
NAYS: Supervisor Johnson
IN RE: CONSENT AGENDA
R-041001-13; R-041001-13.c; R-041001-13.d
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 041001-13 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA
April 10, 2001
223
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 April
10, 2001, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of Minutes - February 13, 2001, February 27, 2001
2. Confirmation of Committee Appointment to the Roanoke Valley
Greenway Commission.
3. Acceptance of Department of Motor Vehicle grant funds in the amount
of $1,500 to purchase breath-testing equipment.
4. Resolution of appreciation upon the retirement of Charles E. Moore,
Sheriff’s Office.
5. Acceptance of Sequoia Drive and Layne Court into the Virginia
Department of Transportation Secondary System.
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, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 041001-13.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF CHARLES E. MOORE, SHERIFF'S OFFICE, AFTER
MORE THAN TWENTY ONE YEARS OF SERVICE
WHEREAS, Charles E. Moore was first employed by Roanoke County on
November 16, 1979, as a Deputy Sheriff with the Sheriff's Office; and
WHEREAS, Deputy Moore retired from Roanoke County on March 1, 2001,
as a Deputy Sheriff in the Civil Division after more than twenty one years of service; and
WHEREAS, Deputy Moore was a dedicated employee of the County and also
served as Corrections Deputy, Transport Deputy, and Circuit Court Bailiff; and
WHEREAS, Deputy Moore, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
April 10, 2001
224
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 CHARLES E. MOORE for more than twenty one years of capable,
loyal and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Johnson to adopt the Resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
RESOLUTION 041001-13.d REQUESTING ACCEPTANCE OF SEQUOIA
DRIVE AND LAYNE COURT INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form SR-5(a),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the requirements established by
the Subdivision Street Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR-5(A) to the secondary system of state highways, pursuant to '33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way,
as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Supervisor Johnson
Seconded By:
None Required
Yeas:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
Nays:
None
Absent:
None
IN RE: REQUESTS FOR WORK SESSIONS
April 10, 2001
225
Supervisor Minnix requested a work session on April 24, 2001 to discuss the
use of park fields and special permits.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens, representing the Virginia Scrappers Fast Pitch
Softball team, spoke in opposition to the Parks and Recreation requirement that athletic
teams not sponsored by the County of Roanoke get special use permits and pay a fee to
use County fields. They felt they had an equal right to use the fields when they were not in
use by the County sponsored teams.
1. Steve Sullivan, 5233 Falcon Ridge Road
2. 1799 Millbridge Road, Salem
3. Charlie Peters, 834 Olney Road, Vinton
2. Fred Corbett, 5511 Stearnes Avenue,
opposed this request because
the Parks and Recreation Department allows everyone to play every sport, and no child is
cut, while the Virginia Scrappers is a competitive group where only the best are chosen to
play. He supported the County’s current Community Use Standards Manual, and pointed
out that one of the purposes of the regulations is to let the fields “rest” during certain
periods which protects the grass.
IN RE: REPORTS
April 10, 2001
226
Supervisor Johnson moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Accounts Paid - February 2001
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara
pointed out that the travel teams such as the
Virginia Scrappers are outstanding, but the County has to draw a line at what they can
support. He suggested that the County work with the other groups to supply fields.
Supervisor Church
advised that he understood that the only problem the
Scrapper team had was with the fee associated with the Special Use Permit.
Supervisor Nickens:
(1) He pointed out that there is a large County-owned
park located in Roanoke City, and he would like to have the park relocated into the
County. (2) He asked staff to bring back a request to increase to the maximum income
limits for senior citizens and disabled people to have their taxes frozen.
April 10, 2001
227
Supervisor Johnson
: asked Mr. Hodge the status of the proposed Walmart
on Route 460. Mr. Hodge advised that he had no information because this is a negotiation
between Walmart and Fralin and Waldron, and the property is already zoned for
commercial. Walmart never executed a contract with the County, and the County has
nothing to do with any of their decisions.
th
IN RE: WORK SESSION (4 FLOOR CONFERENCE ROOM)
1. Work Session on private and commercial stables
This work session was not held.
2. Budget Work Session with Schools
The work session was held from 6:35 p.m. until 7:40 p.m. School Board
members and staff present were Board Chairman Michael W. Stovall, Vice-chairman
William A. Irvin, III, Jerry L. Canada, Thomas A. Leggette and Marion G. Roark;
Superintendent Linda H. Weber; Deputy Superintendent James A. Gallion; Assistant
Superintendents Lorraine Lange and Tom Hall; Executive Assistant for Operations Richard
Flora; Budget and Finance Director Penny Hodge; Deputy Clerk Darlene M. Ratliff; and
Clerk Brenda F. Chastain.
Board of Supervisors and County staff present were Chairman Odell Minnix,
Vice-chairman Butch Church, Bob Johnson, Joseph McNamara and Harry Nickens; County
April 10, 2001
228
Administrator Elmer Hodge; County Attorney Paul Mahoney; Chief Financial Officer Diane
Hyatt; and Clerk Mary Allen.
Chairman Stovall called the School Board to order. Chairman Minnix welcomed
School Board members to the work session.
Dr. Weber summarized budget requests and advised that the proposed budget
includes approximately $5 million in unfunded requests. Mr. McNamara questioned
whether the operating costs for Hidden Valley High School and the renovations to Glenvar
Middle were included in the $5 million. Dr. Weber responded they were separate and not
included, and will be taken from the reserve that has been established. Ms. Penny Hodge
reported that the estimated cost for the first year at the new high school will be $1.9 million.
School salaries were discussed and Supervisor McNamara expressed support for a
4% salary increase, and that entry level personnel should receive as much as 5% because
these positions are difficult to fill. Chairman Minnix expressed his desire to provide the
same increase for School Board and County employees. Supervisor Johnson agreed with
salary adjustments for lower classes of personnel and requested that the School Board
place as much funding in salary scales as possible noting that it would be good for
employee morale.
Supervisor McNamara discussed the use of anticipated new County revenues of
$6.75 million, but Ms. Hyatt advised that the County was not ready to discuss the issue
because it has not received its departmental requests.
April 10, 2001
229
Mr. Hodge advised that a 4% salary increase for both the school system and the
County would cost $3.028 million for the school system. Ms. Hodge requested the amount
of new revenues that the County planned to provide to the school division. She advised
that a 4% increase in salaries would equal approximately $3 million, and the health
insurance increase would cost $779,000. Ms. Hodge explained that the Virginia
Retirement System credit will equal approximately $2 million, which would result in a total
amount for new revenues from the County of $1,800,000 as presented by Mr. Hodge. Dr.
Weber advised that the VRS credit was already built into the School Board budget, which
includes $5 million of unfunded needs. There was a discussion on whether the County
could fund a 4% salary increase for both school and County employees without reducing
other requests. Dr. Weber noted that the School Board could not provide a 4% salary
increase with only $1.8 million in new revenue, but Mr. Hodge suggested that this could be
done by prioritizing the budget requests. Ms. Hodge advised that the School Board would
need to reduce its budget by $2 million or reduce the proposed salary increases.
Chairman Minnix suggested that Mrs. Hodge, Mrs. Hyatt, Mr. Hodge and Dr.
Weber meet to discuss 3%, 3 1/2% and 4% salary increases. He advised that the School
Board and Board of Supervisors should meet again on April 24, 2001. Dr. Weber stated
her appreciation to the governing body for its efforts.
3. Work Session with Fire and Rescue Chiefs Board
April 10, 2001
230
The work session was held from 7:50 p.m. until 8:10 p.m. Chief Rick Burch
and Rescue Chief Joe Coyle updated the Board on the recently hired twenty
paramedic/firefighters who have now begun work for the County, and the recent truck
accident on I-81. Mr. Hodge reported: (1) that the County has agreed to offer training
opportunities for volunteers; (2) that the staff was going forward with plans for fee for
service and is putting together a public information campaign; and (3) that he and other
County staff will be meeting with all rescue chiefs on April 11 to discuss these issues.
4. County budget team presentations
The work session was held from 8:10 p.m. until 10:30 p.m. Budget Director
Brent Robertson, Director of Community Development Arnold Covey, Assistant Director of
Recreation Debbie Pitts, Police Chief Ray Lavinder and Fire and Rescue Chief Rick Burch
provided power point presentations on the achievements and challenges of each of the
five budget teams. These teams were Public Safety, Human Services, Community
Development, Courts and State Agencies and Internal Services and Operations, and were
made up of the various departments.
Chief Lavinder requested the addition of six police officers and six vehicles
in the upcoming budget. Sheriff Holt, who was also present, advised that they still do not
know the impact of the state reductions to the Sheriff’s Office. Chief Burch advised he
hoped to have fifteen new Advanced Life Support paramedic/firefighters in stations by
April 10, 2001
231
November. Chief Financial Officer Diane Hyatt reported that there is an estimated $8.7
million in new revenues if VRS savings are included.
Discussion issues included whether to approve a 3%, 4% or 5% salary
increase for school and County employees, and what percentage of new revenues should
be provided to schools to meet the $5 million additional funding they are requesting.
5. Capital Improvement Plan Work Session
This work session was not held
6. General Discussion and Closure (Elmer Hodge, County
Administrator)
School and County staffs were directed to meet prior to the April 24th joint
work session and review budget details and revenues for both budgets.
IN RE: CLOSED MEETING
At 10:30 p.m., Supervisor Johnson moved to go into Closed Meeting
pursuant to Code of Virginia Section 2.1-344A (3) acquisition or sale of real estate, Salem
Office Supply, Virginia Gas Pipeline easements; and Section 2.1-344 A (5) discussion
concerning a prospective business where no previous announcement has been made.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
April 10, 2001
232
NAYS: None
IN RE: CLOSED MEETING
The Closed Meeting was held from 10:30 p.m. until 10:50 p.m.
IN RE: CERTIFICATION RESOLUTION
R-O41001-14
At 10:50 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, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 041001-14 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in 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 closed meeting which this certification
resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
April 10, 2001
233
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: ADJOURNMENT
At 10:51 p.m., Chairman Minnix adjourned the meeting.
Submitted by, Approved by,
__________________ _____________
Mary H. Allen, CMC H. Odell Minnix
Clerk to the Board Chairman