HomeMy WebLinkAbout5/11/1999 - Regular
May 11,1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 11 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday, and the first
regularly scheduled meeting of the month of May, 1999.
NRE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, Joseph McNamara,
H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director, Community
Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend James W. Reynolds, Retired, United
Methodist Church. The Pledge of Allegiance was recited by all present.
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REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added item 9 to New Business: Authorization to install a
monitoring well for the Getty properties.
Mr. Mahoney added two executive session items pursuant to the Code of
Virginia Section 2.1-344 A (1) personnel matter; and Section 2.1-344 A (3) real estate
matter, offer to purchase a surplus utility lot.
IN RE:
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Presentation of the Best Park Awards for Walrond Park and
Green Hill Park Staff. (Pete Haislip. Parks and Recreation
Director)
Mr. Haislip explained that this award is from a local magazine that
sponsors a contest where the readers pick the Best of Roanoke and Walrond Park
received the Gold award and Green Hil Park received the Silver award for the Best
Park. Tim Martin and Preacher Sowers from Walrond Park and Walt Mundy and Gary
Bryant from Green Hill Park received certificates of recognition for their efforts in
maintaining the parks.
IN RE:
NEW BUSINESS
1.. Appropriation of state reimbursement for personal property
May 11,1999
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tax relief implementation costs. (Fred Anderson. Treasurer.
and Wayne Compton. Commissioner of Revenue)
A-051199-1
Mr. Anderson explained that these state reimbursements are to cover
County administrative costs to implement the personal property tax relief. The
Treasurer's Office will receive $11,586 and will upgrade their personal computers. The
Commissioner's Office will receive $14,750 and MIS will receive $64,736 for a total of
$90,736.
Supervisor Nickens asked if these funds were included in the budget for
this fiscal year. Mr. Anderson responded that they were reimbursed in this fiscal year
but will be used in the next fiscal year.
Supervisor Minnix moved to approve the appropriation. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Request to reimburse fire and rescue budget in the amount of
$7.766. (John Chambliss. Assistant Countv Administrator)
A-051199-2
Mr. Chambliss advised that during the past few months, there have been
several calls to the County complaining about the mulching operation at the end of
Commonwealth Drive by Timberland Mulch. The concerns related to noise, dust, smell
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and smoke. There were 11 firefighting calls during this period. After the fire on April 8,
the owner of the business agreed to purchase a fire hose needed to connect to a
hydrant. By metering the hydrant, the business will be billed for all water used.
Timberland reimbursed the County based on the FEMA schedule for rental of fire
equipment for the most recent events, paying the County $7,766. Mr. Chambliss
requested that the Board appropriate the money to the Department of Fire and Rescue
for replacement of the hose and appliances. Mr. Chambliss explained that staff will
continue to look at ways to allow commercial and industrial operations to coexist with
residential neighborhoods.
Supervisor Minnix reported that this was still not a satisfactory situation
for the neighborhood because it reduces the quality of their life. He will discuss with
the County Attorney how to proceed.
Supervisor Minnix moved to approve the reimbursement. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Reauest for authorization to execute a Performance
Agreement with R+L Carriers and appropriation of funds. (Tim
Gubala. Economic Development Director)
A-051199-3
Mr. Gubala advised that R+L Carriers acquired a 26 acre industrial zoned
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site in December 1998 in order to construct a truck terminal. The initial project
investment will be $3 million with 27 employees. R+L Carriers is a "less than a
truckload" over the road carrier that receives shipments at its terminal and breaks the
load down into smaller deliveries. They are seeking to make road improvements that
would allow 48 foot long tractor trailer trucks to use Daugherty Road and access West
Main Street. They will not be using larger trucks. Staff and VDOT have determined
that an additional turn lane and traffic signal improvements are needed at the
intersection to meet traffic and safety requirements. R+L Carriers has indicated that
they will pay their share of the $81,000 for the improvements. There will not be a need
for a Surface Transportation Assistance Act (STAA) designation of Daugherty Road.
Funds for the County portion of $40,000 are in the Economic Development Fund. Mr.
Gubala requested that the Board authorize the County Administrator to execute a
performance agreement with R+L Carriers for the funding of the road and traffic signal
improvements with the understanding that there is no desire from R+L Carriers to seek
a STAA designation for Daugherty Road.
In response to questions from Supervisor McNamara, Mr. Gubala advised
that the County will receive $22,000 from real estate taxes and the remainder of the
revenue will come from business and personal property taxes.
Supervisor Harrison requested that he be updated with the progress and
moved to authorize the performance agreement and appropriate the funds. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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May 11,1999
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NAYS: None
4. Authorization for the County Attorney to abate public nuisance
in Glenvar Heiahts. (Paul Mahoney. Countv Attorney)
A-051199-4
Mr. Mahoney advised that Robert C. and Martha C. Dantzler operate a
commercial stable at 5091 Glenvar Heights Blvd. on 8 acres of land. The stable is
located in a residential neighborhood. It appears that this operation may be a legal
nonconforming use and that the number of horses has significantly increased. Manure
from the horses is stored within a natural drainage area resulting in non-point source
pollution. The horses and manure also result in offensive odors, vermin and insects.
The large number of horses has resulted in a lack of pasture grass creating conditions
for erosion and sedimentation problems, and a number of domestic animals run free on
and off the property.
Mr. Mahoney explained that the Board has authority to maintain an action
to abate a public nuisance pursuant to Section 15.2-900 of the Code of Virginia which
defines the term nuisance. He recommended that the Board authorize and direct the
County Attorney to take such actions as may be necessary to abate the public nuisance
caused by the operation of the commercial stable in the Glenvar Heights residential
subdivision.
Supervisor Harrison reported that he and Mr. Mahoney will meet with the
community to discuss this action and he moved to approve the necessary legal action.
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The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
5. Resolution approvina the fiscal year 1999/2000 budget and
2000-2004 Capital Improvement Program for Roanoke County
and adoption of a resolution establishing a Deferred
Compensation Matching Plan for County employees. (Brent
Robertson. Budcet Manager)
R-051199-5.a. R-051199-5.b
Supervisor Nickens asked about the reallocation of four existing positions
to the Fire and Rescue Department and explained that it was his intent that the
positions be available on July 1, not in 18 months as outlined in a memo with the
report. Mr. Hodge responded that there is a review team to look at every vacant
position and assess the impact of eliminating the position. The team has already met
five times. He felt it may take several months to reallocate the positions. Supervisor
Johnson asked Mr. Hodge to bring back a schedule in two weeks that is acceptable to
the Board. Supervisor McNamara asked for the exact number of current vacant
positions.
Supervisor Johnson moved to adopt the budget and the Deferred
Compensation Match Program. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
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May 11, 1999
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NAYS: None
RESOLUTION 051199-5.a APPROVING THE FISCAL YEAR
1999-2000 BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative
and fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan
of all contemplated expenditures and all estimated revenues and borrowings for the
ensuing fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by
the provisions of Section 15.2-2506 of the State Code, and the public hearing as
required thereon was held on April 27, 1999.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1. That there is hereby approved the annual budget for Fiscal Year
1999-2000 for Roanoke County, Virginia, as follows:
2. That the preparation and approval of this budget is for informative
and fiscal planning purposes only.
3. That the County capital improvement program for FY 2000-2004 is
hereby adopted and approved.
4. That this capital improvement program shall not be considered a
portion of the Roanoke County Comprehensive Plan.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
May 11,1999
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Revenue Estimates
General Fund
General Government
General Property Taxes
Other Local Taxes
Permits, Fees & Ucenses
Fines and Forfeitures
Interest Income
Charges for Services'
Commonwealth
Federal
other
Total General Government
Adopted
FY 1999..00
Youth Haven"
Comprehensive Services
E-911 Maintenance
Law Ubrary
Recreation Fee Class
Internal Services
Garage "
Total General Fund
72,789,000
21,505,000
696,000
560,000
700,000
274,500
7,442,500
1,862,500
761,250
106,590,750
447,468
1,797,917
725,000
38,095
848,102
2,047,001
1,215,658
113,709,991
10,753,444
2,546,925
893,911
12,767,506
4,324,914
17 ,092,420
5,953,942
7,536,832
13,490,774
91,081,332
3,495,000
2,466,147
858,352
97,900,831
Debt Service Fund
Capital Projects Fund
Internal Service Fund
Water Fund
Beginning Balance
Total Water Fund
Sewer Fund
Beginning Balance
Total Water Fund
School Operating Fund
School Cafeteria Fund
School Grants Fund
School Textbook Fund
Total School Funds
Total Revenues All Funds
Less: Transfe.rs
Total Net of Trànsfers
256,388,296
(70,100,302)
186,287,994
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May 11,1999
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Adopted
FY 1999-00
,.
Prooosed Exoenditures
General Fund
General Government
General Administration
Constitutional Officers
Judicial Administration
Management Services
Public Safety
Community Services
Human Services
Non-Departmentai
Transfers to School Operating Fund
Transfers to Capital Fund
Transfers to County Garage
Transfers to Debt Service Fund
Other
Total General Government
Youth Haven II
Comprehensive Services
E-911 Maintenance
Law Ubrary
Recreation Fee Class
Internal Services
Garage II
Total General Fund
Debt Service Fund
Capital Projects Fund
Internal Service Fund
Water Fund
Unappropriated Balance
Total Water Fund
Sewer Fund
Unappropriated Balance
Total Sewer Fund
School Operating Fund
School Cafeteria Fund
School Grants Fund
School Textbook Fund
Total School Funds
Total Expenditures All Funds
Less: Transfers
Total Net of Transfers
2,450,439
6,944,537
518,015
2,045,795
11,014,185
8,117,774
9,930,415
4,112,148
47,941,865
2,546,925
1,215,658
7,830,083
1,922,911
106,590,750
447,468
1,797,917
725,000
38,095
848,102
2,047,001
1,215,658
113,709,991
10,753,444
2,546,925
893,911
13,411,638
3,680,782
17,092.420
5,816,299
7,674,475
13,490,774
91,081,332
3,495,000
2,466,147
858,352
97,900,831
256,388,296
(70,100,302)
186,287,994
May 11,1999
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Adopted
FY 1999-00
In addition to the above revenues and expenditures, the following beginning balance will
be appropñated to the Unappropñated Balances of the respective fund:
General Fund
6,700,000
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Capital Improvements Program
Summary of Projects
May 11,1999
Capital Improvements Program
Summary of Projects
324
May 11, 1999
Capitla Improvements Promgram
Summary of Projects
May 11,1999
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RESOLUTION 051199-5.b IN THE MATTER OF ESTABLISHING A
DEFERRED COMPENSATION MATCHING PLAN FOR THE COUNTY
OF ROANOKE, VIRGINIA (EMPLOYER)
WHEREAS, the County of Roanoke, Virginia (the "Employer") has
adopted a Deferred Compensation Plan which is available to all eligible employees,
pursuant to Section 457 of the Internal Revenue Code of 1986, as amended: and
WHEREAS, certain tax benefits accrue to employees participating in said
Deferred Compensation Plan; and
WHEREAS, the Employer wishes to provide an additional incentive to its
employees to voluntarily set aside and invest portions of their current income to meet
their future financial requirements and supplement their existing retirement program;
and
WHEREAS, Nationwide Retirement Solutions, Inc. (NRS) has provided
Employer with a specimen plan document (the NRS Governmental Deferred
Compensation Matching Plan and Trust);
NOW, THEREFORE THE BOARD OF SUPERVISORS DOES HEREBY
RESOLVE AS FOLLOWS:
The Board of Supervisors, meeting in regular scheduled session, this 11 th
day of May, 1999, hereby adopts the Nationwide Retirement Solutions, Inc.
Governmental Deferred Compensation Matching Plan and Trust (Plan) and hereby
establishes the County of Roanoke Deferred Compensation Matching Plan to provide
additional benefits for all participants in the County of Roanoke Deferred Compensation
Plan. The County Administrator is hereby authorized to execute an Adoption
Agreement for said plan.
The Trustees shall be Diane Hyatt, Elmer Hodge, and Paul Mahoney.
The Plan Administrator shall be Nationwide Retirement Solutions.
All employees covered under the County of Roanoke Deferred
Compensation Plan shall be covered under this Plan.
The Plan shall be effective as of July 1, 1999.
The Employer Contribution shall be a match of the first ten dollars per pay
period that the employee puts into the 457 account.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
6. Consideration of development of an earlv retirement program
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for Roanoke County Schools. (Dr. Deanna Gordon. School
Superintendent)
A-051199-6
Dr. Gordon requested that the Board allow the School Board to move
forward with development of an early retirement program that will be brought back to
the Board of Supervisors. She explained that they will put out a Request for Proposals
and develop a specific plan with actuarials and bring it back to the Board in January or
February of 2000.
Following discussion on how to proceed and what plans should be
considered, Supervisor Johnson moved to authorize the expenditure of funds to move
forward with development of an early retirement plan that will be brought back to the
Board. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
7. Request for approval to offer purchase of prior VRS service
credit on a tax deferred basis. /Diane Hyatt. Finance Director)
R-051199-7
Ms. Hyatt reported that in 1998, the General Assembly enacted legislation
that allows members to purchase prior service credits on a tax deferred basis. Any
VRS member who left a VRS covered position and lost service credit can restore that
May 11,1999
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service by buying it back through a lump sum payment or through payroll deduction. In
order to offer the option of tax deferred purchase of prior service credit, the Board of
Supervisors must elect to pick up the member's contribution to VRS based on the terms
of the salary deduction. The salary reduction agreement does not have any fiscal
impact on the County, but offers a tax benefit to the employees who are purchasing
prior service credit through payroll deduction.
Supervisor Johnson moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Johnson
NAYS: None
ABSTAIN: Supervisor Nickens
RESOLUTION 051199-7 AUTHORIZATION TO PICK UP THE
EMPLOYEE'S CONTRIBUTION TO VRS FOR PAST SERVICE CREDIT
UNDER SECTION 414(H) OF THE INTERNAL REVENUE CODE
WHEREAS, the County of Roanoke, Virginia desires to provide its
employees with tax deferral pursuant to Section 414(h) of the Internal Revenue Code
with respect to their member contributions to the Virginia Retirement System, the State
Police Officers Retirement System and the Judicial Retirement System (collectively
referred to as VRS) for the permissible purchase of past service credit by picking up
member contributions to the VRS: and
WHEREAS, the pick up is authorized under Virginia Code Sections 51.1-
142.1 and 51.1-143.C.;
WHEREAS, the VRS keeps track of such picked up member
contributions, and is prepared to treat such contributions as employee contributions for
all purposes of VRS;
NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first
pay day on or after the later of May 11, 1999 or the date the member executes a
binding and irrevocable salary reduction election relating to the past service permitted
to be purchased, the County of Roanoke shall pick up all or a portion of the member
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contributions of its employees to VRS based on the terms of the salary reduction
election, and such contributions shall be treated as employer contributions in
determining tax treatment under the Internal Revenue Code of the United States; and it
is further
RESOLVED, the binding salary reduction election to be executed by the
member shall include the following: (1) the beginning and ending date of the election,
(2) the amount of the salary reduction on a pay period by pay period basis, (3) the total
amount of contribution expected to be involved, (4) a statement that the member may
not receive the contributed amounts instead of having them paid by the County of
Roanoke to the VRS, and (5) an agreement that the member will not purchase the
service credit through a lump sum payment during the period in which the salary
reduction election is in effect, and it is further
RESOLVED, the member may revoke the salary reduction election only in
the event of an unforeseeable emergency as that phrase is used and defined in the
IRC Section 457 and Treasury Regulation Section 1.457-2(h)(4) and if such a
revocation is made, the member may not make a new salary reduction election during
his period of employment and it is further
RESOLVED that such contributions, although designated as member
contributions, are 0 be made by the County of Roanoke in lieu of member contributions;
and it is further
RESOLVED that pick up member contributions shall be paid for the same
source of funds as used in paying the wages to affected employees; and it is further
RESOLVED that member contributions made by the County of Roanoke
under the pick up arrangement shall be treated for all purposes other than income
taxation, including but not limited to VRS benefits, in the same manner and to the same
extent as member contributions made prior to the pick up arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or
extend an option to VRS members to receive the pick up contributions made by the
County of Roanoke directly instead of having them paid to VRS; and it is further
RESOLVED that notwithstanding any contractual or other provisions, the
wages of each member of VRS who is an employee of the County of Roanoke shall be
reduced by the amount of member contributions picked up by the County of Roanoke
on behalf of such employee pursuant to the foregoing resolutions.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Johnson
NAYS: None
ABSTAIN: Supervisor Nickens
8. Reauest to adopt a resolution on the application to the
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Virainia State Corporation Commission by the Virginia Gas
Pipeline Company to construct. own and operate a natural gas
pipeline throuah Roanoke County Virainia. (Terry Harrington.
County Planner)
Mr. Harrington reported that in May 1998, Virginia Gas Company
anticipated filing an application with the State Corporation Commission (SCC)
requesting approval for the construction of a new gas transmission pipeline through
Roanoke County. As part of their submittal to the SCC, they requested a resolution of
support from the Board. The Board asked staff to evaluate the 1998 proposal. Staff
determined that the proposed route had the potential to interfere with the proposed
Spring Hollow Master Plan, traversed the Merriman Soccer Complex and cut through
the fill area of the closed Rutrough Road landfill. It also cut through the Blue Ridge
Parkway spur to Explore Park. Over 1,000 properties would have been directly
affected by this new line. Virginia Gas Company later notified the County that they
were not going to proceed with the SCC submittal. On May 3, 1999, Roanoke County
was notified by the Department of Environmental Quality (DEQ) that Virginia Gas
Company had submitted the pipeline proposal to the SCC in March, and DEQ has been
asked by the SCC to coordinate environmental and public comments. Staff has
received a small scale map that appears to show an identical route location in western
Roanoke County to Clearbrook, but from Clearbrook east, the route has been revised
to avoid the Explore Parkway spur and Rutrough Road.
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Mr. Harrington recommended that the Board adopt a resolution of non
opposition that includes the Board's concerns regarding vegetation removal and any
impact on Spring Hollow reservoir and Camp Roanoke, preservation of view sheds, and
other issues of concern.
Supervisor Johnson suggested that the Board refer the issue back to
staff for further study and more details. Following discussion, Supervisor Johnson
moved to refer to staff for further study and to draft a letter expressing the concerns of
the Board, and that the letter be reviewed by all Board members prior to mailing. The
motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
9. Authorization for the Tyree Oraanization to install a monitoring
well for the Getty Properties on the parking lot adiacent the
Jail/Courthouse.
(John Chambliss. Assistant County
Administrator)
A-051199-8
Mr. Chambliss explained that the County has been contacted by the
Tyree Organization for permission to install a monitoring well on the parking lot
adjacent to the jail/courthouse complex. The County has been notified there is a leak
at the Getty property and Tyree will determine the amount of seepage. They have
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agreed to work with staff to locate the well so as to minimize the disruption of traffic
activity and not impede access to the jail area.
Supervisor Harrison moved to grant permission to the Tyree Organization
to construct the monitoring well. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
1 First readina of ordinance appropriatina the funds for the
fiscal year 1999/2000 budaet. /Brent Robertson. Budcet
ManaCer)
There was no discussion and no citizens present to speak on this
ordinance.
Supervisor Johnson moved to approve the first reading and set the
second reading for May 27, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. First reading of ordinance to increase the salaries of the
members of the Board of Supervisor of Roanoke County
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pursuant to Section 3.07 of the Roanoke County Charter and
Section 14.1-46.01:1 of the Code of Virainia. (Paul Mahoney.
County Attorney)
Mr. Mahoney advised that this ordinance increases the Board salaries by
3.0% or $354.53 each. The public hearing will be held on May 27, 1999.
Supervisor Johnson moved to approve the first reading and set the
second reading and public hearing for May 27, 1999. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. First reading of ordinance authorizinQ the acauisition of
propertv on Glenmarv Drive from Martin G. Gallimore and Garv
W. Gallimore for an access road into the Roanoke County
Center for Research & Technology. (Tim Gubala. Economic
Development Director)
Mr. Gubala reported that the County and Gallimores settled the eminent
domain proceedings rather than go through the condemnation process. Staff has
negotiated with the property owners and entered into a contract to purchase the
property for the sum of $5,500. The property is needed to develop the best road
design for access to the Roanoke County Center for Research and Technology, and
May 11,1999
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purchase is contingent upon the successful completion of a phase I environmental
assessment, a survey, a title search and Board approval.
Supervisor Harrison moved to approve the first reading and set the
second reading for May 27, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
4. Ordinance authorizing the execution of an agreement with
Home Depot USA. Inc. to reimburse the County for certain
expenditures. and to address the sale of certain real estate
(0.251 acre identified as Tax Map No. 77.13-5-30 and 0.254 acre
Tax Map No. 77.13-5-31). (Paul Mahonev. County Attornev)
Mr. Mahoney advised that in 1998, Roanoke County purchased these
properties in anticipation of a proposed Home Depot development. Home Depot later
determined that this development was not feasible and it desires to advance to the
County the expenditures of $285,743.99. The County shall upon the sale of these
properties pay Home Depot the proceeds. If the County receives an offer to purchase
the properties that is less than 85% of the expenditures, the County must obtain Home
Depot's approval prior to executing the contract of sale. If the offer is at least 85%,the
County may sell the properties without the consent of Home Depot.
In response to questions, Mr. Mahoney advised the County would be
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responsible for maintenance and that they may demolish the houses. Supervisor
Nickens suggested that Home Depot should be responsible for any demolition costs.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for May 27, 1999. The motion carried by the following
recorded vote:
AYES:
NAYS:
IN RE:
Supervisors McNamara, Minnix, Harrison, Johnson
Supervisor Nickens
APPOINTMENTS
1.. Fifth Plannina District Commission Metropolitan Plannina
Oraanization
Supervisor Johnson nominated Supervisors Harrison and McNamara to
each serve another three-year term which will expire on June 30, 2002.
IN RE: CONSENT AGENDA
R-051199-9. R-051199-9.a. R-051199-9.b
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
May 11,1999
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RESOLUTION 051199-9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -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
May 11, 1999 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 - April 13, 1999, April 27, 1999
2. Request for acceptance of a portion of Cortland Road and Orchard
Park Drive into the Virginia Department of Transportation
Secondary System.
3. Resolution changing the date of the regular meeting of the Board
of Supervisors from May 25, 1999 to May 27, 1999.
4. Approval of funding for roof replacement needs for Phase I of the
School Capital Improvement Program.
5. Appropriation of $108,770 to the School Technology Grant Funds
for instructional technology.
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 McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 051199-9.a REQUESTING ACCEPTANCE OF A
PORTION OF CORTLAND ROAD AND ORCHARD PARK DRIVE INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the streets described on the attached Additions Form SR-
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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 dated March 9,1999, for comprehensive stormwater
detention which applied 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:
Seconded By:
Yeas:
Nays:
Absent:
Supervisor Johnson
None ReQuired
Supervisors McNamara. Minnix. Harrison. Nickens. Johnson
None
None
RESOLUTION 051199-9.b CHANGING THE DATE OF THE REGULAR
MEETING OF THE BOARD OF SUPERVISORS FROM MAY 25, 1999
TO MAY 27,1999
WHEREAS, the Commission on Local Government has scheduled a
meeting for May 25, 1999, for the presentation and public hearing of the Gain Sharing
Agreement between Roanoke County and the Town of Vinton; and
WHEREAS, it is necessary that one or more members of the Board of
Supervisors be available to testify before the Commission on Local Government
regarding this proposed Gain Sharing Agreement; and
WHEREAS, at their meeting on April 13, 1999, the Board agreed to
change the second meeting in May from May 25 to May 27 in order to accommodate
the scheduled meeting before the Commission on Local Government; and
WHEREAS, pursuant to Section 2-102. Regular Meetings, of the Board of
Supervisors' Rules of Organization and Procedure, the Board may, by resolution,
May 11, 1999
337
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change the time and place of a regular meeting; said resolution to be published once in
the newspaper.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the regular meeting for the Board of Supervisors be, and
hereby is, changed from May 25, 1999 to May 27, 1999, with the afternoon session
beginning at 3:00 p.m. and the evening session beginning at 7:00 p.m.; and
2. That this resolution shall be published once in the Roanoke Times
pursuant to Section 2-102 of the Rules of Organization and Procedure adopted by the
Board of Supervisors.
On motion of Supervisor Johnson to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
1.. Request for Work Session on June 8. 1999 to discuss
amendments to the Freedom of Information Act.
It was the consensus of the Board to set a work session for June 8, 1999.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Bill Overstreet. 4930 North SprinQ Drive, expressed support for
increasing the salaries for the police officers. He asked: (1) how many additional
positions were added when the Police Department was formed from the Sheriffs Office;
(2) how many openings are there for road officers; and (3) how many officers are
currently in training? Chairman Johnson asked Mr. Hodge to respond to Mr.
Overstreet's questions. Mr. Overstreet also asked when the fence would be put up
around the detention pond on North Spring Drive and if the fence was being held up
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May 11, 1999
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because of the hold on the cul-de-sac. Arnold Covey responded that these are two
separate issues. The detention pond will not be used until it is fenced and the cul-de-
sac was held up because of negotiations but will be completed with revenue sharing
funds.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
1.. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Accounts Paid - March 1999
6. Revenues and Expenditures for the month ended March 31.
1999
7. Reaffirmation of credit ratina from Moody's Investrnent Service
8. Statement of the Treasurer's Accountability per Investments
and Portfolio Policy as of April 30. 1999
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Harrison: (1) He asked Arnold Covey to provide him with
May 11, 1999
339
correspondence concerning the negotiations and price problems regarding the cul-de-
sac at North Spring Drive. (2) He asked to meet with Gary Robertson.
Supervisor Nickens: (1) He asked Mr. Mahoney if he had received an
opinion from the Attorney General regarding the definition of a dangerous dog. Mr.
Mahoney advised that he just received it and had provided a copy for Supervisor
Nickens in his mail. (2) He asked for information from the County Code regarding
mowing grass in a residential section. County Planner Terry Harrington responded that
the gl ass must be 13 or 14 inches high before it is a violation of the Code.
Supervisor McNamara: (1) He asked for staff to put together a program
with the $2 million annual cash flow to see what kind of debt service the County could
support at 6%, and use the same formula going up 5% each year to see what can be
supported for the School Phase II projects so that they can be prioritized. (2) He asked
when the County would look at the possibility of co-locating more than three antennae
on a cellular tower. Mr. Harrington responded that the Planning Commission will
discuss this in mid May.
Supervisor Minnix: He advised that he is frequently invited to speak at
various schools concerning air traffic controllers, and he attended a school recently
where anyone calling the school is informed that his or her call is being recorded. He
suggested that this idea be considered here in response to bomb threats.
Supervisor Johnson: (1) He announced that the new CEO at the
Regional Chamber of Commerce is Beth Doughty and wished her success in her new
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position. (2) He asked who was responsible for what was left in homes that have been
purchased with federal grants such as those on Verndale Avenue. Arnold Covey
responded that the County picks up what is left. Mr. Covey also advised that until the
homes are demolished or moved, the County will be responsible for mowing and
maintenance.
IN RE:
EXECUTIVE SESSION
At 4:45 p.m., Supervisor Johnson moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 A (1) personnel matter; and Section
2.1-344 A (3) sale of publicly held real estate, offer on utility lot. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION RESOLUTION
R-051199-10
At 5:05 p.m., Supervisor Johnson moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
RESOLUTION 051199-10 CERTIFYING EXECUTIVE MEETING WAS
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May 11,1999
341
===;
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote
and in accordance with the provisions of The Virginia Freedom of Information Act; and
WH EREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the Board of Supervisors of Roanoke County, Virginia, that such
executive meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution,
and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
ADJOURNMENT
At 5:06 p.m., Chairman Johnson adjourned the meeting.
Submitted by,
~».~
Mary H. Allen, CMC/AAE
Clerk to the Board
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