HomeMy WebLinkAbout7/27/1999 - Regular
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July 27, 1999
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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.
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INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
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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.
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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.
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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
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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
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July 27,1999
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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.
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July 27, 1999
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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
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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
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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
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July 27, 1999
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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
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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
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July 27, 1999
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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
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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
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July 27,1999
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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:
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(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
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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
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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.
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July 27,1999
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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
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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
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July 27, 1999
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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
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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
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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
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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:
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July 27, 1999
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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
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July 27,1999
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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
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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.
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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
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July 27,1999
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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.
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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
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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
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July 27,1999
49.1
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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
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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
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July 27,1999
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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
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Chairman
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