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HomeMy WebLinkAbout7/27/1999 - Regular ~ - July 27, 1999 4{)7 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 27, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of July, 1999. INRE: 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,(Arrived 3:04 p.m.), Supervisors Fenton F. "Spike" Harrison, 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 Father Joseph Lehman, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. .... .....".. "'~ "..... .J~ ',.. ".. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 468 July 27,1999 AGENDA ITEMS Supervisor McNamara requested that Board Inquiries follow the Citizen Comments item on the agenda now and on future agendas and there was Board consensus to make this change. ¡-- IN RE: BRIEFINGS 1.. Results of the Citizen Satisfaction Survey. (Anne Marie Green. Community Relations Director) Ms. Green introduced Frank Martin of Martin Research, Inc. who conducted the survey. Mr. Martin reported that 500 interviews were completed from a random selection of households at a ± 4.5% accuracy at the 95% confidence level. The survey indicated that 51% were very satisfied with County services in 1999 compared to 42.4% in 1997. Only 3.0% were somewhat dissatisfied in 1999 compared to 5.2 % in 1997. Additionally, 65.6% thought County employees were always courteous and polite in 1999 compared to 53.0% in 1997. Citizens feel safer in their homes and neighborhoods also with 71.8% always satisfied in 1999 and 59.8% in 1997. Mr. Martin also explained that the respondents were asked to rate 25 County services as very or somewhat important, and were then asked to grade the service. They were also asked how frequently they had used specific County services, what sources they used to receive information about County government, the most important issues facing Roanoke County within the next five years, and whether they would support a bond referendum, and what projects they would support if taxes were increased by $50 per year. ~ July 27,1999 469 - IN RE: NEW BUSINESS 1.. ReQuest for $14.246 aoorooriation of funds to VMLNACO to neQotiate rates with American Electric Power. (Garv Robertson. Utility Director) A-072799-1 Mr. Robertson advised that the VMLN ACO Steering Committee consists of local government officials within the American Electric Power service area established to negotiate reduced electric service charges for local governments. The current contract expired June 30, 1999. AEP has now proposed a new three-year contract with rates frozen at their present level. Previous negotiations resulted in a 14% rate reduction which saved Roanoke County over $200,000 in power costs over a three-year period. Each local government is being asked to contribute its share of the cost of the negotiations. The amount assessed for the County of Roanoke is $14,246. Mr. Robertson recommended that the funds be appropriated from the Board Contingency Fund ($9,246) and the Utility Fund ($5,000). In response to questions, Mr. Robertson explained that previously the funds were all appropriated from the Board Contingency Fund, but he suggested this time that the Utility Fund pay one-third of the cost; and that the Schools have not funded the cost in the past even though they will benefit from the rate reduction. Supervisor Nickens suggested that the Schools pay one-third ofthe cost and Chairman Johnson responded that he would correspond with the School Board suggesting 470 July 27,1999 tnat tney contnDute one-third of the cost. Supervisor Johnson moved to approve the appropriation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens moved to communicate with the School Board and ask that they contribute their pro rata share of the expenditure. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara 2. ReQuest for authorization to lease ourchase a reolacement teleohone system forthe Roanoke County Administration Center. (John Chambliss. Assistant County Administrator) R-072799-2 Mr. Chambliss reported that the Administration Center currently utilizes an ISDN telephone system and under the current Bell Atlantic contract the line costs for this system are $4,608 per month. The phone sets currently installed are beginning to fail with 37 calls for maintenance since January. The Cost for Centrex phone lines would be approximately $1,563 per month. The proposed phone system will be paid for from the savings in each department's budget. Savings will come from the reduction of total lines in the building and the change from ISDN lines to basic Centrex lines. The proposed lease ~. July 27,1999 41J = cost is $2,621, indexed to interest rates of June 30, 1999, providing total savings of $424 per month. The purchase price of the system is $136,340.67. Additional savings will be realized through reduced maintenance. Total annual savings after the five-year lease period is estimated to be $36,536. In response to questions, Mr. Chambliss advised that the existing phones could not be used because they are rapidly breaking and the replacement cost for a phone is $400; and the Administration Center will get approximately 100 phone sets. Supervisor Nickens suggested that if there is no prepayment penalty, the County payoff the lease- purchase in less than five years using the monthly savings. Supervisor Nickens moved to adopt the resolution with the understanding that (1) the savings be applied to the monthly payment to payoff in less than 60 months; and (2) that staff evaluate the entire centrex system for other savings. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 072799-2 AUTHORIZING THE PURCHASE OF A TELEPHONE SYSTEM FOR THE ROANOKE COUNTY ADMINISTRATION BUILDING AND APPROVING REIMBURSEMENT FOR LEASE/PURCHASES OF SUCH EQUIPMENT WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") has determined that it is necessary or desirable to : (A) purchase a new telephone system for the Roanoke County Administration Building (B) advance money to pay the costs of acquiring certain telephone equipment ("Equipment") and (C) to reimburse such advances with proceeds of one or more financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under official intent of Treasury Regulations Section 1.150-2. 472 July 27, 1999 .- ~ 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County of Roanoke to pay the costs of acquiring the Equipment for the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the Equipment is $136,340.67. 3. The Board of Supervisors determines that the financing of the acquisition of the Equipment pursuant to one or more agreements providing for the leasing of the Equipment by the County from one or more lessors (collectively, the "Lease") is in the best interest of the County and the lease financing of the Equipment is authorized. The maximum aggregate amount of the principal components of the Lease shall be $136,340.67 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financing and to fund any required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4. The County Administrator, the Director of Finance and such officers, agents and employees of the County as either of them may direct are authorized and directed to prepare any and all instruments, opinions, certificates and other documents necessary to carry outthe purposes ofthis Equipment and all such action previously taken is ratified and confirmed. 5 This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens to approve with the understanding that (1) the savings be applied to the monthly payment to payoff in less than 60 months; and (2) that staff evaluate the entire centrex system for other savings; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 'Ii: IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES· CONSENT AGENDA: Supervisor Johnson moved to approve the first readings with Item 6 removed for a separate vote, and set the second readings and public hearings for August 24, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ July 27, 1999 413 1.. First readina of ordinance to rezone approximatelv 9.1 acres from 1-2 to R-1 to construct a sinale familv residence in the 5700 block of West River Road. Catawba Maaisterial District. upon the petition of Harold Horn. 2. First readina of ordinance to rezone approximatelv 1.95 acres from C-2 to R-3 to construct apartments located in the 7300 block of South Barrens Road. Hollins Maaisterial District. upon the petition of Peters Creek Associates. LP. 3. First readinQ of ordinance to obtain a Special Use Permit for an accessorv apartment. located at 3527 Chaparral Drive. Cave SprinQ Maaisterial District. upon the petition of Paul and Darlene Zelenak. 4. First readina of ordinance to obtain a Special Use Permit to allow the expansion of an existina church. located at 3028 Penn Forest Blvd.. Cave Sprina Maqisterial District. upon the petition of Penn Forest Christian Church. 5. First readina of ordinance to rezone approximatelv 0.87 acre from C-1 C to C-1 to remove conditions to allow a dental office. located at 4736 Starkey Road. Cave Sprina Maaisterial District. upon the petition of H. Patrick Russell II. 6. First readina of ordinance to rezone approximatelv 6.73 acres from C-2 to R-4 to construct multi-family residences located in the 3700 block of Challenaer Avenue. Hollins Maaisterial District. upon the petition of Golden Homes. Inc. Supervisor Nickens moved to approve the first reading and set the second reading and public hearing for August 24, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens NAYS: None ABSTAIN: Supervisor Johnson 7. First readina of ordinance to rezone 17.11 acres from C-2C to 1-1 to expand a parkina lot and construct a trainina facilitv. located 474 July 27, 1999 ~ at 5673 AirDort Road. Hollins Maaisterial District. UDon the Detition of Advance Stores. Inc. 8. First readina of ordinance to rezone aDDroximatelv 1.05 acres from C-1 to C-2 to construct a florist. located at 4004 Challenaer Avenue. Hollins Maaisterial District. UDon the Detition of Robert L. Metz. IN RE: FIRST READING OF ORDINANCES 1.. First readina of ordinance authorizina creation of and financina for a local Dublic works imDrovement Droiect and reauest to aDDrove emeraencv water line extension-Beaumont Road Water Proiect. (Garv Robertson. Utility Director! 0-072799-3 Mr. Robertson advised that the Utility Department was informed on July 15th that the private well which serves three properties on Beaumont Road was pumping muddy water and had essentially failed. On July 16, they received a petition with 10 signatures from property owners along Beaumont Road and Old Mountain Road to extend public water lines to serve their properties. The cost to extend the water line to serve 18 properties would cost $57,000. Letters were hand-delivered on Monday, July 19th to 14 property owners on Beaumont Road and Old Mountain road. As of July 23, 10 property owners had agreed to sign up. The basic construction cost is $3,155, and the off-site facility fee of 50% is $1,345. The fee would be applicable only if the property owner financially committed to participate in the proposed project prior to or during the 90 day grace period. Supervisor Johnson pointed out that there were residents without water and moved to waive the second reading because of the emergency nature of the request and July 27, 1999 475 - adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 072799-3 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, BEAUMONT ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Beaumont Road and Old Mountain Road Community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on July 27,1999, and the second reading was waived because of the emergency nature of the request; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Beaumont Road and Old Mountain Road Community. The total construction cost of this public water project is estimated to be $57,000, to be initially financed as follows: Citizen Participation (10 at $3,155 each) $31,550 Advance from the Public Works $25,450 Participation Fund TOTAL $57,000 That there is hereby appropriated for this project the sum of $25,450 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Beaumont Road Water Petition Project" prepared by the Roanoke County Utility Department, dated July 27, 1999, and identified as Exhibit 1. The Beaumont Road Water Project Area is created fora period often (10) years. Any owner of real estate 476 July 27, 1999 = "" within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $4,500 ($3,155 toward construction costs, and $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 10. 1999, of their a portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The payment of $4,500 by each property owner/residential connection may be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the November 10, 1999 deadline (other than new property owners) shall pay $3,787 ($3,155 construction costs plus 20%) plus the off-site facility fee in effect at that time. 4. That the payment by citizens in the project service area who elect to participate shall be made to the Water Fund. Any off-site facility fee collected on this project shall be returned to the Public Works Participation Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect immediately upon adoption. On motion of Supervisor Johnson to waive the second reading because of the emergency nature of the request and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1.. Second readina of ordinance amendina Section 2-102 and 2-103 of the Roanoke County Code to Drovide for enhanced notice of - .,'., July 27,1999 477 0-072799-4 meetinas of the Board of SUDervisors. (Paul Mahonev. Countv Attornev) There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 072799-4 AMENDING SECTION 2-102 AND 2-103 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR ENHANCED NOTICE OF MEETINGS OF THE BOARD OF SUPERVISORS WHEREAS, on January 12, 1999 the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance No. 011299-2 , which established certain rules of organization and procedure for the Board; and, WHEREAS, the 1999 session of the Virginia General Assembly amended the provisions of the Virginia Freedom of Information Act, in part, to provide for increased notice requirements for public meetings of the public bodies; and, WHEREAS, it is necessary to amend Ordinance 011299-2 to bring it into compliance with said action of the Virginia General Assembly; and, WHEREAS, the first reading of this ordinance was held on July 13,1999, and the second reading was held on July 27, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-102 of the Roanoke County Code is hereby amended and reenacted to read as follows: (b) The Board shall hold regular meetings on such days as may be prescribed by resolution at the annual organizational meeting in January of each year, but which shall not be less frequent than once a month. The Board shall give notice of the date, time, and location of its meetings by placing a notice in a public location at which notices are regularly posted or in the office of the Clerk to the Board. The Clerk may publish meeting notices by electronic means. The notice shall be posted at least three working days prior to the meeting. (e) The Board may be resolution, when necessary, change the time and place of the regular meeting. The resolution shall set forth the circumstances necessitating such change, Ol;Jc¡' resolution shall be published once in the official newspaper(s) at least 478 July 27,1999 = twenty four (24) now's prior to tne meeting to be I,eld pursuant to tne Ghange. Notice of such change shall be posted in a public location at which notices are regularly posted or in the office of the Clerk to the Board at least three working days prior to the meeting to be held pursuant to the change. Twenty four (24) hours Three working days prior to the meeting to be held pursuant to such change, the County Clerk shall give each Board member written notice, personally or by registered mail, of any change from the regular meeting days established by this section. 2. That Section 2-103 of the Roanoke County Code is hereby amended and reenacted to read as follows: .. * .. .. (d) Notice to the public of a special meeting shall be given contemporaneously with the notice provided members of the Board. 3. That this ordinance shall take effect from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ INRE: APPOINTMENTS 1.. Commission for Senior and Challenaed Citizens Supervisor Minnix advised that he has requested a list of individuals who might be willing to serve from the Parks and Recreation Department. 2. Hiahwav and TransDortation Safety Commission Supervisor Nickens nominated David Maxey to serve a four year term as a citizen representative instead of as a youth representative. His term will expire June 30, 2003. 3. Parks and Recreation Advisorv Commission Supervisor Harrison nominated Donna Wooldridge to fill the unexpired term ofTed Williams to represent the Catawba Magisterial District. This term will expire June 30, July 27,1999 419 2000. INRE: CONSENT AGENDA R-072799-5. R-072799-5.f 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 RESOLUTION 072799-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -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 July 27,1999 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 6, inclusive, as follows: 1. Confirmation of committee appointment to the Blue Ridge Community Services Board of Directors. 2. Acceptance of donation of a sanitary sewer easement from Monroe Gardens, L.L.C., in connection with development of Summerplace Subdivision. 3. Acceptance of donation of a sanitary sewer easement from Thomas. Ltd. in connection with development of Campbell Hills Subdivision. 4. Request from Schools to appropriate $80,000 grant from the Tech Prep Consortium. 5. Request from Schools to appropriate $152,845 School to Work grant to support increased student learning and academic achievement. 480 July 27,1999 ö. Kequest from the Fifth Planning District Commission to change their name to the Roanoke Valley-Alleghany Regional Commission. 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 072799-5.1 TO ENDORSE THE CHANGING OF THE NAME OF THE FIFTH PLANNING DISTRICT COMMISSION TO THE ROANOKE VALLEY -ALLEGHANY REGIONAL COMMISSION "" WHEREAS, the County of Roanoke has been a member of the Fifth Planning District Commission for almost 30 years, and during that time the Commission has worked closely with the County of Roanoke on economic and community development projects; and WHEREAS, on June 24, 1999 the Commission resolved to change its name from Fifth Planning District Commission to the Roanoke Valley-Alleghany Regional Commission to better communicate the geography that it serves, as well as to highlight its mission of promoting inter-jurisdictional cooperation, coordination, and communication; and WHEREAS, the General Assembly amended the Regional Cooperation Act in 1996 to allow Planning District Commissions to change their names to Regional Commissions; and WHEREAS, changing the name of the Fifth Planning District Commission to the Roanoke Valley-Alleghany Regional Commission will not alter the relationship between the County of Roanoke and the Commission; NOW, THEREFORE BE IT RESOLVED that the Roanoke County Board of Supervisors of Roanoke County, Virginia concurs with and supports the resolution adopted by the Commission on June 24, 1999 that the name of the Fifth Planning District Commission be changed to the Roanoke Valley-Alleghany Regional Commission. 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 .It INRE: REQUESTS FOR WORK SESSIONS 1.. Reauest for Work Session on Auaust 10. 1999 to meet with ~" July 27, 1999 481 Conaressman Bob Goodlatte. Chairman Johnson scheduled the work session for August 10, 1999. He asked Board Clerk Mary Allen to prepare a separate agenda for the work session. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Item 6. The motion carried by a unanimous voice vote. 1.. General Fund UnaDDroDriated Balance 2. CaDital Fund UnaDDropriated Balance 3. Board Contingencv Fund 4. Future School Capital Reserve 5. Statement of Revenues and EXDenditures as of June 30.1999 Supervisor McNamara asked if this was the final and accurate year-end record of revenues and expenditures. Mr. Brent Robertson and Mr. Hodge advised that there were still adjustments and journal entries to be done. 6. Accounts Paid· June 1999 INRE: CLOSED MEETING At 3:55 p.m., Supervisor Johnson moved to go into Closed Meeting after the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding specific legal matter requiring the provisions of legal advice: negotiation of water agreements with (a) Botetourt County and (b) Roanoke City, and (c) negotiation 482 July 27,1999 Of contract for the New Klver Valley Commerce Park Project; and 2.1-344 A (3) disposition of publicly held real property, the Lloyd property; and 2.1-344 A (7) discussion with legal counsel concerning probable litigation, Vineyard Park. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1.. Work Session on the Blue Ridae Parkwav InterDretative Center. The work session was held from 4:03 p.m. until 4:30 p.m. and presented by Assistant Economic Development Director Joyce Waugh and Larry Degen, Degen Architects. Ms. Waugh updated the Board on the plans for the Center. Mr. Degen described the floor plans, the building site, and the exterior appearance which emphasized keeping the facility similar to the frontier time period of Explore Park and to the Taubman Center. Supervisor Minnix asked if it was possible to provide refueling services for the vehicles, but Supervisor Nickens advised that gas stations were not allowed under the zoning classification. Following discussion, it was the consensus of the Board to move forward with construction bids. Mr. Hodge suggested adding this subject to the discussion with Congressman Goodlatte on August 10, 1999. 2. Work Session on non-standard refuse collection. This work session was scheduled to discuss non-standard refuse collection -~, July 27,1999 4S3 - for businesses, condominiums and on private roads. It was held from 4:30 to 5:30 p.m. Mr. Hodge reported that the County is supposed to have written agreements with condominiums that holds the County harmless if the County collects the refuse. Mr. Hodge recommended that the most equitable solution was to let them keep dumpster service, and that the County pay a portion of the fee. There was a discussion on several alternatives including offering County collection only if there is room for County cans and the automated truck; otherwise, the condominium would use private haulers and dumpsters. With regard to collection at businesses, it was the consensus of the Board to allow one can for businesses and charge a fee for additional cans. The Procurement code will be amended. There was no decision on other non-standard collection. 3. Work Session to establish aoals for County Administrator and County Attornev. The work session was held from 5:30 p.m. until 6:10 p.m. County Attorney Paul Mahoney presented a list of issues that he and his staff plan to work on during the upcoming year. The Board members noted that he did not list measurable goals, and after discussion, asked him to bring back at least five specific measurable goals that can be completed within specific time frames, and that he may include hours per year that will be spent on them. Mr. Hodge also presented a list of issues and projects that he would be dealing with in the upcoming year. After discussion, the Board members suggested the following goals (1) Supervisor McNamara: the employee headcount should remain flat as of July 1, 1999; (2) Supervisor Johnson: bring in a new, unknown at this time, economic 484 July 27,1999 '- development prospect; (3) Supervisor Nickens: develop an evaluation plan for employees that includes recognition for good performance and corrective action for poor performance; (4) Supervisor McNamara: establish a communication plan to inform employees of the true value of benefits; (5) Supervisor Johnson: reduce the cost of water and sewer to the citizens; (6) Supervisor Nickens: develop a master plan for road and highway intersections that includes the appropriate zoning; (7) Supervisor McNamara: maintain or increase quantity and quality of fire and rescue volunteers; (8) Supervisor Johnson: fully implement phase I of the school construction projects. INRE: CERTIFICATION RESOLUTION R-072799-6 At 7:00 p.m., Supervisor Johnson moved to return to open session, announced that the Closed Session was held from 6:15 p.m. until 7:00 p.m., and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None RESOLUTION 072799-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: ~. July 27, 1999 485 - 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens. Johnson NAYS: None IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge asked to defer action on Item 1 under New Business to August 10, 1999 and added Item 2 to New Business - Authorization to rescind previous action concerning Roanoke Valley Youth Soccer Club; ratify execution of a contract and appropriate funds for construction of a new soccer field at Green Hill Park. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .1. Second reading of ordinance to obtain a Special Use Permit for a life care facility. located at the intersection of Hershberqer and Florist Roads. Hollins Magisterial District. UDon the Detition of FriendshiD Manor. Inc. (Terry Harrinqton. County Planner) Mr. Harrington reported that the petitioner wishes to obtain a Special Use 486 July 27,1999 = Permit to bring this development into complete compliance with the zoning ordinance. The facilities were originally approved by the Board of Supervisors in 1979. Roanoke County did not have a zoning ordinance definition for a life care facility at that time, so the multiple zoning districts were a way to allow the multiple residential service and office uses for Friendship Manor. In 1992, the County rezoned all of the Friendship Manor property C-2 because Life Care Facilities are allowed by Special Use Permit in C-2 districts. The Planning Commission recommended approval of the request with one condition: (1) that future build-out and development of the site shall be in general conformance with conceptual plan entitled "Exhibit A" Friendship Manor Retirement g. Community, prepared by Lumsden Associates and dated May 7,1999. Attorney Ed Natt represented the petitioner. Supervisor Johnson expressed some concerns about the request. He noted that the petitioner advised there was no impact on County facilities, and explained that he felt there would be an impact on fire and rescue calls, stormwater runoff and on potential drought conditions if there are 240 more utility hookups. Mr. Natt reported that the use is already permitted and they are just asking to bring the zoning into conformity. Supervisor Johnson recommended continuing the petition to August 24, 1999 and requested information on the following: (1) the impact of any new development on fire and rescue services and stormwater management; (2) a business plan from the petitioner; and (3) asked staff to research the value of the property and the result of a change in the tax status from a "501C non-profit" business to a "for profit" business. Supervisor Johnson moved to continue this item until August 24, 1999. The ----.. July 27, 1999 487 motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second readina of ordinance to obtain a Soecial Use Permit to ooerate eauipment sales and rental facility. located at 5264 West Main Street. Catawba Maaisterial District. upon the Detition of Harold and Shirley Horn. (Terry Harrington. çounty Planner) 0-072799-7 Mr. Harrington reported that at the Planning Commission meeting, the petitioner was asked about the adjacent residence and buffering. The staff commented that approximately 50 feet of vegetation existed along the rear property line and the adjacent residence, which is occupied, is zoned C-2 and no buffering is required. At the Commission meeting, the applicant said there was no concept plan since the proposed use will be located in the existing structure which is currently being used. Mr. Horn wanted the flexibility to have two entrances rather than one and the parking area will be graveled. The Planning Commission recommended approval with three conditions. Attorney Ed Natt represented the petitioner and explained that there are two proposed access points and that VDOT will review the two entrances and chose the safest access. 488 July 27, 1999 Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072799-7 GRANTING A SPECIAL USE PERMIT TO HAROLD AND SHIRLEY HORN TO OPERATE AN EQUIPMENT SALES AND RENTAL FACILITY TO BE LOCATED AT 5264 WEST MAIN STREET (TAX MAP NO. 64.01-3-4), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Harold and Shirley Horn have filed a petition for a Special Use Permit to operate an equipment sales and rental facility to be located at 5264 West Main Street (Tax Map No. 64.01-3-4) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 6, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 22, 1999; the second reading and public hearing on this matter was held on July 27, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Harold and Shirley Horn to operate an equipment sales and rental facility to be located at 5264 West Main Street (Tax Map No. 64.01-3-4) in the Catawba Magisterial District is substan- tially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2- 2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None "". July 27,1999 489 - IN RE: SECOND READING OF ORDINANCE ~ Second readina of ordinance authorizing the execution of an aareement with Botetourt County for the continued sale of surplus bulk water. (Gary Robertson. Utility Director) 0-072799-8 There was no discussion or citizens to speak. Supervisor Johnson moved to adopt the ordinance setting the rate for water at $3.40 per 1000 gallons and the term of agreement at 5 years. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 072799-8 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOTETOURT COUNTY FOR THE SALE OF SURPLUS BULK WATER FOR A TERM OF FIVE YEARS AND ESTABLISHING RATES THEREFOR WHEREAS, Section 15.2-2112 and 15.2-2148 of the 1950 Code of Virginia, as amended, authorizes counties to negotiate and execute contracts for the purchase and sale of water; and WHEREAS, Roanoke County and Botetourt County desire to promote regional economic development and other cooperative efforts for their mutual benefit and the benefit of their citizens; and WHEREAS, Roanoke County has agreed to sell water to Botetourt County for these purposes, and desires to continue said water sales for an additional term of five (5) years; and WHEREAS, the first reading of this ordinance was held on July 13,1999, and the second reading was held on July 27,1999. ~~ 490 July 27,1999 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute an agreement with Botetourt County for the sale of surplus bulk water, upon the concurrence of the Utility Director, and upon form approved by the County Attorney. 2. That the rates or charges for said water shall be $3.40 per 1,000 - gallons. 3. That the term of this agreement shall expire July 1, 2004. 4. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Johnson to adoptthe ordinance setting rate for water at $3.40 per 1,000 gallons and term of agreement at 5 years, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: NEW BUSINESS 1.. ADDroval of a Local ParticiDation Aareement with Virginia's First .'..'. Regional Industrial Facility Authoritv and acceDtance of allotted "" shares for the financina of the initial Dhase of the New River Vallev Commerce Park Proiect. (Tim Gubala. Economic DeveloDment Director) This item was postponed until August 10, 1999. 2. Authorization to rescind Drevious action concernina Roanoke Vallev Youth Soccer Club. ratify execution of a contract and aDDroDriate funds for construction of a new soccer field at Green Hill Park A-072799-9 ~ July 27,1999 49.1 - Mr. Hodge advised that he had been working with Supervisor Harrison to locate additional fields at Green Hill Park and if this request is approved, funding will be available for the first of three fields. The staff is recommending that: (1) the Board rescind action taken on June 22, 1999; (2) that the Board of Supervisors ratify the agreement between the County, the Roanoke Valley Youth Soccer Club and Berglund Chevrolet; and (3) that the Board appropriate $47,000 from the Board Contingency Account for construction of a soccer field at Green Hill Park and modification and relocation of signage. Supervisor Harrison pointed out that this allows Parks and Recreation to make available the front of the park as recreational area. Supervisor Nickens moved to rescind the previous action of the Board on July 13, 1999, ratify execution of contract, and appropriate $47,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Minnix: He announced that the Little League state tournament was held in Roanoke Valley which had a tremendous economic impact. (2) He asked that the Police Department establish radar on Yellow Mountain Road now that the speed limit signs have been installed. (3) He advised that he went to Ernie Capito's residence to see his water conservation measures. Mr. Capito has reduced his water consumption from 22,000 gallons/month to 4,000 gallons/month. He asked Mr. Hodge to see if it would be 492 July 27, 1999 = posslDle to give credit to those who reduce their water consumption. SUDervisor Harrison: (1) He advised that the locks have not been changed at Catawba Center where the Ruritan Club meets. (2) He announced that he attended the DARE Camp graduation ceremonies, and commended the Police Department and the Parks and Recreation Department. He encouraged people to send their children to the camp because of all the activities available in addition to drug awareness. (3) He explained that he sent a memorandum to the Board members concerning a newspaper article incorrectly stating that the Fifth Planning District Commission offered to assume responsibility for a plan to share water. He stated that Howard Packett, City of Salem, only suggested that the localities should look at ways to cooperate and share water supplies. SUDervisor Nickens: (1) He asked Mr. Mahoney to research ways that the ,;., County can protect ridgelines from inappropriate timber cutting and, if necessary, request the proper legislation from the General Assembly. SUDervisor McNamara: He noted the water shortage in Roanoke City and Mayor Bowers' comment for the need for interconnects to share water. He emphasized that Roanoke County is only pumping 20 to 30% of Spring Hollow capacity and suggested that it is time for the neighboring jurisdictions to join the County in Spring Hollow Reservoir. SUDervisor Johnson: He announced that he has received no contact from the City of Roanoke concerning water and he asked Mr. Hodge to contact the City to discuss regional water issues. Gary Robertson advised that there is enough water in Spring Hollow for the remainder of 1999 and well into 2000. Supervisor Johnson advised that they will have a written proposal to present to Roanoke City, City of Salem, Town of Vinton and ~ July 27,1999 493 - Botetourt County next week. IN RE: CLOSED MEETING At 7:45 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding specific legal matter requiring the provisions of legal advice: negotiation of water agreements with (a) Botetourt County and (b) Roanoke City, and (c) negotiation of contractfor the New River Valley Commerce Park Project; and 2.1-344 A (3) disposition of publicly held real property, the Lloyd property; and 2.1-344 A (7) discussion with legal counsel concerning probable litigation, Vineyard Park. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-072799-10 At 9:13 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Supervisor Nickens left the Closed Meeting during the discussion of the Lloyd property . RESOLUTION 072799-10 CERTIFYING THE CLOSED MEETING WAS 494 July 27, 1999 "~LIJ IN l,;UNI URMIT-¡ -.'VITI. TilE c;OBI: Of VlftGINIA = WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens. Johnson NAYS: None IN RE: ADJOURNMENT At 9:15 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, '7?-ta ~ 'l- .N. Qu.~.(... Mary H. Allen, CMC/ME Clerk to the Board ~.~ Chairman ---.