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HomeMy WebLinkAbout5/11/1999 - Regular May 11,1999 311 - 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. 312 May 11,1999 - 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 313 - 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 314 May 11,1999 - 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 May 11, 1999 315 - 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 316 May 11,1999 - 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. May 11, 1999 317 - 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. Budc et 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 318 May 11, 1999 <- 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 319 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) 186,287,994 320 May 11,1999 - 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 321 - 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 6,700,000 322 May 11, 1999 ~ 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 325 - 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 326 May 11, 1999 .- 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 327 - 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 328 May 11,1999 - 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 May 11,1999 329 - 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. 330 May 11,1999 - ~ 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 May 11,1999 331 - 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. Budc et ManaC er) 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 332 May 11,1999 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 333 - 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 334 May 11,1999 - 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 335 - 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- 336 May 11, 1999 - 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 - 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 338 May 11, 1999 - 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 340 May 11,1999 - 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 -, 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 342 May 11,1999 ~ This page left intentionally blank