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HomeMy WebLinkAbout6/8/1999 - Regular ~ June 8,1999 403 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 8, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first regularly scheduled meeting of the month of June, 1999. IN RE: 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 (Arrived 3:22 p.m.) 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 Vice Chairman Harry C. Nickens, Vinton Magisterial District. The Pledge of Allegiance was recited by all present. INRE: NEW BUSINESS (/ 404 June 8, 1999 .~ IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS - Mr. Hodge added item J-8, naming of the softball field at Shell Park, to the Consent Resolution. Supervisor Johnson added an item to Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) probable litigation, Vineyard Park. Supervisor Nickens added an item to Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) litigation, McCorkle vs. Roanoke County. Mr. Mahoney added an item to Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) acquisition of real estate for utility purposes. IN RE: BRIEFINGS 1, Presentation on the New Centurv Reaion's aualitv of life studv. "Vital Sians" Community Indicators for the New Centurv Reaion". (Terrv Lvnn Cornwell. Project Director) The presentation was made by Robert Manetta, Chair of the Vital Signs Steering Committee, who was introduced by Terri Lynn Cornwell, Project Director. Mr. Manetta explained that they identified 62 community indicators from categories that included population, community, economy, education, environment and health. Related to each indicator were history data, trend lines, projections, and interpretations of the indicator's significance for the region. These indicators will be updated on an annual basis. He advised that they will be making a presentation on the ~ June 8,1999 405 - Vital Signs indicators at Hollins University this week. Mr. Manetta described the funding and organizations that were involved in the project. He also advised that the report will be on their web site on the Internet. He presented copies of the Vital Signs Indicators book and explained that there was a form included for feedback. IN RE: NEW BUSINESS 1, ADDroval of a resolution adoDtina a leaislative Droaram for the 2000 session of the Virginia General Assemblv to be submitted to VACo. (Paul Mahoney. County Attornev) R-060899-1 Mr. Mahoney reported that each year, VACo requests that its members provide issues or proposals with statewide implications for inclusion in its legislative program for the upcoming General Assembly session. He explained that he had included last year's resolution for Board review with several deletions which he explained. He also advised that he had received suggestions for additional requests from Supervisors Johnson and Harrison, and the Police Department. Supervisor Nickens suggested addressing the revenue shortfall from the reduction in the car tax, and that the state wants to reduce taxing at the local level but not the state level. In response to a question from Supervisor McNamara, Mr. Mahoney responded that item K in the resolution concerning a tire tax was unique to Roanoke County. Supervisor Nickens moved to adopt the 1998 resolution with changes / 406 June 8,1999 recommended by Mr. Mahoney. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara RESOLUTION 060899-1 RECOMMENDING PROPOSALS FOR THE VIRGINIA ASSOCIATION OF COUNTIES 1999 LEGISLATIVE PROGRAM, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 1999 session of the Virginia General Assembly; and WHEREAS, the Board hereby recommends these issues to its state-wide organization, the Virginia Association of Counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as its Legislative Program for the Virginia Association of Counties for the 1999 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted to the Virginia Association of Counties for its legislative program for the 1999 session of the Virginia General Assembly for its favorable consideration and adoption. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should authorize a reliable, recurring, independent source of local funding for school capital construction, that does not require annual or biennial appropriation by the General Assembly. 3) Local school divisions should be authorized to establish opening dates for school. 4) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the ~, June 8, 1999 407 ---! local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments. Sectfün 10.1-1411 imposes a 25% recycling mandate on local governments. The General Assembly has severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. C. Roanoke County supports additional new construction and maintenance funding for the Virginia Department of Transportation for secondary and primary roads. Additional funding for new construction projects will address critical transportation needs of all local governments. Additional maintenance funding shall be used for an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. D. Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. This would require groundwater and methane gas monitoring, financial assurances from the owner/operator, and locai governing body certification of compliance with all local ordinances. E. Roanoke County supports legislation amending Section 14.1-46.01:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1 ,800 to $2,500 per year. F. Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. G. Roanoke County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. H. Roanoke County supports authority to impose an additional one-half percent (Y:z%) local option sales tax. i. Roanoke County supports expanding local authority to create transportation districts, to impose local option motor vehicle fuels taxes, and to expend these tax proceeds for local transportation improvements. J. Roanoke County supports legislation appropriating funds and directing the State Compensation Board to modify staffing standards for local jails and court services positions for Sheriff's offices. K. Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. L. Amend Sec. 22.1-280.1 to allow the sharing of criminal incident / ( 408 June 8,1999 -- information between local law enforcement agencies and school officials within or among political jurisdictions. M. Amend Sec. 15.2-901 (weeds and trash) and 15.2-904 (inoperable motor vehicles) to allow enforcement through the use of civil penalties, as authorized for violations of zoning ordinances under Sec. 15.2-2209, or for violations of erosion and sediment control ordinances under Sec. 10.1-562.J. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Virginia Association of Counties. On motion of Supervisor Nickens to adopt the 1998 resolution with additions recommended by Mr. Mahoney, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara 2. Reauest from Sheriff for aDDroDriation of funds for 8 emeraency funded corrections deDutv Dositions and increase Classification Plan bv 8. (Sheriff Gerald Holt) Sheriff Holt advised that the State Compensation Board has granted Roanoke County four new temporary positions based on an average daily population of 159. This is in addition to the four emergency positions that are currently funded. The State Compensation Board will provide $209,292 of the $262,135 in necessary funds for the positions. $35,000 has been included in the Jail's 1999/2000 budget and $17,843 will be funded from year-end rollover funds. Supervisor Nickens questioned why one of the positions was an administrative analyst which would not be considered an emergency position. Sheriff Holt explained that this position was created to develop policies and procedures and work on the accreditation process. In response to a question from Supervisor McNamara, Sheriff Holt explained that these positions are temporary and the employees are hired with that understanding. He further explained if the positions were not approved by the June 8, 1999 409 - Compensation Board, he would not proceed with the accreditation process. Following additional discussion and questions from the Board members, It was their consensus that they will forward their questions and concerns to Sheriff Holt and Mr. Hodge, and that this item will be brought back at the meeting on June 22, 1999. IN RE: SECOND READING OF ORDINANCES 1, Second readina of an ordinance to aCQuire the Read Mountain Water Svstem. (Garv Robertson. Utility Director) 0-060899-2 Mr. Robertson reported that when the water system was owned by Fralin and Waldron, staff functions were contracted out at a cost of $71 ,327. The cost of adding two staff to the County will be $66,000 including amortization of the vehicles and equipment, and will reduce overtime in other areas of the department. He also advised that the Planning Commission reviewed the purchase on June 1, and indicated that it was in accordance with the Community Plan. Supervisor Johnson asked for an analysis of the $300,000 in overtime costs. Supervisor Johnson move to adopt the ordinance and add two positions and vehicles. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 060899-2 AUTHORIZING ACQUISITION OF THE READ MOUNTAIN WATER COMPANY WHEREAS, the Utility Director has negotiated an agreement to acquire the 410 June 8,1999 = assets of the Read Mountain Water Company owned by Read Mountain Water Company, Inc.; and, WHEREAS, on June 1, 1999, the Roanoke County Planning Commission reviewed the acquisition of the assets of the Read Mountain Water Company and approved said acquisition as being substantially in accord with the adopted Community Plan, as required by Section 15.2-2232; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on May 27, 1999, and the second reading was held on June 8,1999. NOW THEREFORE, BE IT ORDAINED BYTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. That the acquisition and acceptance of the assets of the Read Mountain Water Company, serving an area located in Roanoke County and Botetourt County as shown on the map designated as Exhibit C, from the Read Mountain Water Company, Inc. for the sum of $600,000 is hereby authorized and approved. 2. That the accounts receivable from the last quarter billing of Read Mountain Water Company, Inc. will be purchased at 95% of value (estimated to cost $30,000); and 3. That a contingency of $10,000 is necessary for contingencies, surveys, etc.; and 4. That the sum of $640,000 is hereby appropriated to fund the purchase of the assets of the Read Mountain Water Company for the purposes herein described, and for related expenses of closing this transaction. This money is appropriated from the following sources: (a) $269,737.51 from the Water Repair and Replacement Fund for water system acquisition and (b) $370,262.49 from the Water Fund Unappropriated Balance. 5. That the County agrees to payoff-site facility fees for up to 256 residential connections over a period not to exceed six years. The Water Capital fund will reimburse the Water Operating Fund for the 256 connections. 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these transactions, all of which shall be on form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance and add two positions and vehicles, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING 1, Public Hearina to solicit inDut on Roanoke County's local June 8,1999 411 = community develoDment and housina needs in relation to Community DeveloDment Block Grant (CDBG) fundina for a Droiect in Roanoke County. (Terrv Harrinaton. County Planner) County Planner Terry Harrington reported that Roanoke County anticipates submitting a CDBG grant application to the Virginia Department of Housing and Community Development to be used for community development purposes. CDBG requires that localities must hold two public hearings. This public hearing is for the purpose of soliciting general public input on the County's general community development and housing needs. The second public hearing is for the purpose of soliciting public input on the specific grant application and the proposed project. The following individuals spoke: (1) M. Bill Poe, 2031 Cantle Lane, Roanoke, a commercial real estate broker living in Roanoke County since 1956, spoke in support of using the grant funds to provide infrastructure for economic development. He pointed out that he was a member of the Society of Industrial Realtors which is the premier industrial group in the Country, and he receives brochures every day from all over the County with developed sites with infrastructure improvements such as streets, water and the light poles already available. These same improvements are needed in Roanoke County to market sites for development. (2) Ann Piedmont, Interim Executive Director of the Economic Development Partnership, spoke about the needs for industrial sites with public 412 June 8,1999 ~ improvement. Companies wish to expand or relocate with minimal disruption. Having ready-to-go sites with public improvements is important because many companies cannot afford to wait for the site to be improved. Mr. Harrington also presented into the record a letter from Judy Griesenbrock, Executive Vice President of the Salem-Roanoke County Chamber of Commerce, who expressed support of the block grant funding and the need in Roanoke County as well as the Roanoke Valley for sites with adequate off-site improvements to encourage economic opportunities. IN RE: APPOINTMENTS 1, Parks and Recreation Advisory Commission Supervisor Minnix nominated Lee Blair to represent the Cave Spring Magisterial District for another three year term which will expire June 30, 2002. IN RE: CONSENT AGENDA R-060899-3 Supervisor Johnson moved to adopt the Consent Resolution with the addition of Item 8. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 060899-3 APPROVING AND CONCURRING IN CERTAIN -~ June 8,1999 413 ~ ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. that the certain section of the agenda of the Board of Supervisors for June 8, 1999 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Confirmation of Committee appointments to the Board of Zoning Appeals, Clean Valley Council, Fifth Planning District Commission, Fifth Planning District Commission Metropolitan Planning Organization, Parks and Recreation Advisory Commission, Roanoke Valley Resource Authority and Virginia Western Community College Board and ratification of appointment to the Community Policy and Management Team. 2. Request from Parks and Recreation to accept $1 ,000 grant from the Commission of the Arts. 3. Request from Parks and Recreation to accept $190,000 access grant for South County Park. 4. Request from Schools to appropriate $728,000 technology grant funds for purchase of computer equipment. 5. Request from Schools to appropriate $121,586 grant funds to hire four additional teachers to reduce class size. 6. Acceptance of sanitary sewer facilities serving The Orchards, Botetourt South, Section 5. 7. Request from the Sheriff to appropriate fees collected from inmate forfeited social security payments for medical supply costs. 8. Naming of Softball field at Shell Park. 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 with Item 414 June 8,1999 = 8 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS 1, Reauest for work session on June 22. 1999 to discuss Drivate road issues as thev relate to future develoDment. (Terry Harrington. County Planner) It was the consensus of the Board to set a work session for June 22, 1999. IN RE: REQUESTS FOR PUBLIC HEARINGS 1, Reauest for Dublic hearina on June 22. 1999 reQardina issuance of UD to $5.725.000 in bonds to finance the County's Dortion of the Roanoke Reaional Wastewater Treatment Facility. (Diane Hvatt. Finance Director) It was the consensus of the Board to set the public hearing for June 22, 1999. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1, General Fund UnaDDroDriated Balance 2. CaDital Fund UnaDDroDriated Balance June 8, 1999 415 - 3. Board Continaencv Fund 4. Future School CaDital Reserve INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: asked that the work session on the Phase II School Construction Projects be delayed until July 13, 1999 because the Blue Ribbon Committee will be reorganized and meeting by then. INRE: SENIOR CITIZENS HALL OF FAME AWARDS AND RECEPTION (4:00 P.M.) Board Chairman Bob Johnson presented awards to the following individuals who were inducted into the Senior Citizens Hall of Fame and recognized for their volunteer efforts in the community: (1) Joan Derenge, for her work as chair and board member of Youth Support Services for over 15 years; (2) Sally Lipton, for her volunteer work at Carilion Roanoke Community Hospital where she works in the Gift Shop and Information Desk; (3) Dick Hawkins, for 23 years of service to the TRUST crisis hot line; and (4) the LOA Area Agency on Aging for the Senior Home Safety Project, which utilizes the skills of volunteers who assist frail senior citizens in making their homes a safer place. Following the ceremony there was a reception honoring the recipients. .< 416 June 8, 1999 ~ IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1, Work Session to discuss amendments to the Freedom of Information Act. This work session was not held. 2. Work Session on Refuse Collection. This work session was not held. IN RE: EXECUTIVE SESSION At 4:25 p.m., Supervisor Johnson moved to go into Executive Session following the Senior Citizens Hall of Fame reception pursuant to Code of Virginia Section 2.1-344 A (1) personnel matter, performance evaluations for County Administrator and County Attorney; 2.1-344A(7) probable litigation, Vineyard Park; 2.1-344 A (7) litigation, McCorkle vs. Roanoke County; 2.1-344 A (3) acquisition of real estate for utility purposes. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-060899-4 At 6:33 p.m., Supervisor Nickens moved to return to open session; announced that the Executive Session was held from 4:45 p.m. until 6:33 p.m.; that ~. June 8,1999 417 = Supervisors Johnson and Minnix left during the Executive Session and will certify separately; and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Nickens NAYS: None ABSENT: Supervisors Minnix, Johnson RESOLUTION 060899-4 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 ofthe 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 Nickens to adopt the Certification Resolution; that Supervisors Johnson and Minnix left during the Executive Session and will certify separately; and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Nickens NAYS: None ABSENT: Supervisors Minnix, Johnson 418 June 8, 1999 = IN RE: ADJOURNMENT At 6:34 p.m., Vice Chairman Nickens adjourned the meeting. Submitted by, Approved by, ~ /'.J. to¿/,~_ Mary H. Allen, CMC/ME Clerk to the Board