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Home My WebLink About10/12/1999 - Regular ---- October 12, 1999 625 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 12,1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of October, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman, Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix (arrived at 3:08 p.m.), Joseph P. McNamara 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 Gardner Smith, Procurement Director. The Pledge of Allegiance was recited by all present. /" 626 October 12, 1999 IN RI!. ftEQUESTS TO POSTPONE, ADD TO, OR CIIANUL lilt:. UIUJLI{ UI AGENDA ITEMS Mr. Hodge added item C-1, Proclamation declaring the month of October as National Disability Employment Awareness Month, and Item N-1.A to Reports, a video on prototype high schools. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Proclamation Declaring the Month of October as National Disability Employment Awareness Month.· The proclamation was accepted by Debbie Pitts, Assistant Director of Recreation. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, NAYS: None IN RE: BRIEFINGS 1. Briefing on Project Impact (Maureen Castern, Regional PrQ,ject Impact Coordinator) Ms. Castern showed a video and presented an update on Project Impact. She announced that they had received a $500,000 grant from FEMA to become a "Disaster Resistant Community". She is the only employee and there are 70 ---- October 12, 1999 627 volunteers. She advised that all four participating localities are supporting the I-Flow system which will measure the water in a stream. They will also be enhancing public information on stormwater management, and are working on zoning ordinances to make recommendations for changes that would minimize flooding. Ms. Castern reported there are six work groups and described the responsibilities of each group. iN RE: NEW BUSINESS 1. Request for approval of a resolution approving the issuance of up to $4.800,000 of Industrial Revenue Bonds of the Industrial Development Authority for the purpose of financing a manufacturing facility (Dragon Chemical Corporation). (Tim Gubala, Economic Development Director) R-101299-1 Mr. Gubala explained that the Industrial Development Authority (IDA) functions as a "financing vehicle" through which bonds are authorized and issued by a private financial institution. Neither the Authority nor the County are liable for the repayment of bonds or do they "cosign" the bonds when issued. Mr. Gubala advised that Dragon Chemical Corporation is seeking $4,800,000 so that they might acquire approximately 17.3 acres and a vacant 75,000 square foot shell building at Valley Gateway for use as a manufacturing facility. The Company blends chemicals for home and garden horticultural uses. The IDA approved a financing resolution for the /' 628 October 12, 1999 Company at Its Uctober ö meeting ana requests lliéllli~ BUcllJ dJJIUVC ð 1E:50lutiolo !O that industrial revenue bonds may be issued by the end of 1999. Mr. Gubala reported that Dragon will probably add 85 employees. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, None "i RESOLUTION 101299-1 APPROVING ISSUANCE OF BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA FOR THE BENEFIT OF DRAGON CHEMICAL CORPORATION WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the request of Dragon Chemical Corporation, a Delaware Corporation (the "Company"), for the issuance of the Authority's Industrial Development Revenue Bonds in an amount not to exceed $4,800,000 (the "Bonds") to assist in the financing of a 79,000 square-foot industrial facility for the production of chemical pesticides and other products (the "Project") for the benefit of the Company; and WHEREAS, the owner of the Project will be the Company; and WHEREAS, the Project will be located at 4022 Woods Farm Road in Roanoke County, Virginia; and WHEREAS, the Authority held a public hearing on such application on October 6, 1999; and WHEREAS, the Authority has requested the Board of Supervisors of Roanoke County, Virginia (the "Board of Supervisors") to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), which provides that the governmental units having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of the private activity bonds is located must approve the issuance of the bonds, and the Bonds will not be "bank qualified" obligations since they cannot be designated as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code; and WHEREAS, the Authority issues its bonds on behalf of the County, the Project is to be located in the County, and the Board of Supervisors constitutes the ~. October 12, 1999 629 - highest governmental unit of the County; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a summary of the comments made at the public hearing, if any, and a fiscal impact statement relating to the Project have been filed with the Board of Supervisors. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AS FOLLOWS: 1. The Board of Supervisors approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Project. 2, The approval of the issuance of the Bonds, as contained in this Resolution, does not constitute an endorsement of the Bonds, the financial viability of the Project or the creditworthiness of the Company. Further, as required by Section 15.2-4909 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the Commonwealth of Virginia, the County, nor the Authority shall be obligated to pay the principal of, premium, if any, the interest thereon, or other costs incident thereto except from the revenues and monies pledged therefor and any applicable security, and neither the faith, credit, nor the taxing power of the Commonwealth, the Authority, or the County, shall be pledged thereto. 3 This Resolution shall take effect immediately upon its adoption. 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 2. Request to appropriate $17,558 for County share offunding for consultant to assist in regional refuse collection implementation study. (Don Myers, Assistant County Administrator) A.101299·2 Mr. Myers reported that in 1999, the City of Roanoke, Roanoke County and the Town of Vinton formed a Task Force to resume discussion of a regional refuse 630 October 12, 1999 collection. The group IS composea of the \tll1turl TuwlI Mdlld~el, ðlo Abbistant c.;ouFltf Administrator, and key personnel from the Management and Budget Office and Solid Waste Management Department of all three localities. The Task Force decided to issue a Request for Proposal for the following professional services: (1) evaluate current solid waste collection practices; (2) develop a cost model for the existing service system; (3) identify strategies to improve services without regional service delivery; and (4) identify strategies to improve services with a regional approach. Mr. Myers reported that R. W. Beck was ranked first in the evaluation, and a final price proposal of $80,740 was negotiated. The RVRA agreed to pay 25% of the project cost. Each : locality's share of the remaining cost is based upon the percentage of tons disposed of annually, with the County's share of the cost being $24,222. Tipping fee credits to the County are $6,664, leaving a net cost to be appropriated of $17,558 from the Unappropriated Fund Balance. Staff recommends that funds be appropriated and that the County Administrator be authorized to participate with the City of Roanoke and the Town of Vinton in a contract with R.W. Beck to provide the services described. Supervisor Nickens advised he would support the request, but suggested that the funds come from the General Services budget. Supervisors McNamara and Harrison pointed out that this was a good example of regional cooperation. Supervisor Harrison moved to appropriate $17,588 from the Unappropriated Fund Balance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, NAYS: None '.---........., --.. October 12,1999 631 INRE: FIRST READINGS OF ORDINANCES 1. First reading of ordinance authorizing the acquisition of 9.062 acres of land adjacent to Vinyard Park II. (Paul M. Mahoney, County Attorney) Mr. Mahoney reported that the family of Walter Darnell and Claiborne Vinyard have donated to Roanoke County two parcels of land known as Vinyard Park and Vinyard Park II. The property adjacent to Vinyard Park II which currently belongs to the Vinyard family is available at a cost of $40,000. Staff recommends acquiring this property to enhance access to parts of Vinyard Park II, and that the Board appropriate $41,000 from the Capital Fund Balance to pay the purchase price and ancillary costs related to the acquisition. There was no discussion and Supervisor Nickens moved to approve first reading of the ordinance and schedule second reading on October 26, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison NAYS: None ABSTAIN: Supervisor Johnson 2... First reading of ordinance approving a voluntary settlement 632 October 12, 1999 Agreemenlr entitled "ði:li.. 3111::11 ;.1" Agre8me"t be!\\-e£A the Town of Vinton and the County of Roanoke" and authorizing a petition to the Circuit Court to affirm the settlement. (Paul Mahoney, County Attorney) Mr. Mahoney explained that on March 9, 1999, the Board adopted a resolution approving the voluntary settlement with the Town of Vinton and requesting the review of the Gain Sharing Agreement between the Town and the County by the Commission on Local Government (COLG). On October 1, 1999, the COLG issued its report and recommended the court's approval. Mr. Mahoney advised that as a result of certain questions raised by COLG staff, counsel for the Town has recommended that section 4.03(d) of the Agreement be amended to clarify the provision concerning the parties' contribution for the McDonald Farm economic development project. Upon receipt of the COLG report, the localities must adopt the agreement by ordinance and hold a public hearing prior to adoption. The localities shall also petition the circuit court for an order affirming the agreement. The circuit court shall notify the Supreme Court which shall appoint a special three judge court to hear the case and either affirm or deny the proposed agreement. In response to a question from Supervisor Nickens, Mr. Mahoney advised that the Town of Vinton will hold its public hearing on November 7. Supervisor Nickens moved to approve first reading and schedule the second reading and public hearing for October 26, 1999. The motion carried by the ~, October 12, 1999 633 following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, None IN RE: CONSENT AGENDA R-101299-3 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, NAYS: None RESOLUTION 101299-3 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 October 12, 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 2, inclusive, as follows: 1. Confirmation of committee appointment to the Blue Ridge Community Services Board of Directors. 2. Acceptance and appropriation of Federal Emergency Management Agency (FEMA) funding to the Fire and Rescue budget to enhance emergency services. 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 634 October 12, 1999 carried by the tOllowlng recordea VOte: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUESTS FOR WORK SESSIONS 1. Request for Work Session on October 26,1999 to discuss the Secondary Road System Six-Year Construction Plan (2000- 2006) and Consideration of PrQ,jects for FY 2000-01 VDOT Revenue Sharing Program. (Arnold Covey, Community Development Director} The Work Session was scheduled for October 26, 1999. Supervisor Nickens asked that the Board receive documents before the agenda packets are sent to the Board members to allow them time to review. Supervisor Harrison requested a Work Session with the School Board on October 26,1999 to discuss the Glenvar Middle School construction. INRE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Marion Roark, Chair of the School Board, 5358 Glenvar Heights Boulevard, Salem, advised that she and Tom Leggette are ready to meet with the Supervisor members of the subcommittee to discuss Glenvar Middle School construction. Supervisor Johnson asked that Supervisors Harrison and Nickens check their calendars for possible meeting dates. Supervisor McNamara objected to changing October 12, 1999 635 -- the member representing the Board of Supervisors from him to Supervisor Harrison. 2. Nancy Hughes, 2506 Shamar Road, expressed concern about waiting any longer to begin construction on the South County High School and pointed out that the architects have already been paid. IN RE: REPORTS Supervisor Nickens moved to receive and file after discussion of Item 1.a The motion carried by unanimous voice vote. 1 a. Video on prototype high school. A video was shown that described a prototype high school that could be built with minor changes throughout the country. Discussion followed the video on whether the Board of Supervisors should be involved in construction of the high school. Supervisor Nickens advised that he requested the video. It was his intent to make available to the students a structure that meets their needs at the least possible cost. Supervisor Johnson pointed out that the School Board has advised that they can not build the high school with the funds made available by the Board of Supervisors. Supervisor McNamara responded that he was not involved in requesting the video. There was a discussion on whether there is time to make any changes at this date. Supervisor Nickens asked Mr. Mahoney to review the letter he received from School Board member Tom Leggette concerning any legal ramifications concerning the October 20, 1999 meeting on school construction. 636 October 12,1999 1.D 2. 3. 4. 5. IN RE: 6. \,jeneral Fund Unéppropriäl~d Bäldlll.C Capital Fund Unappropriated Balance Board Contingency Fund Future School Capital Reserve Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of September 30, 1999 Status report on County projects REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He commended Parks and Recreation employee Larry Onan for helping his wife and children when they had a flat tire on Route 220. Supervisor Minnix: (1) He asked that the citizens going to the new Lowes on Route 220 be patient until the new traffic light is installed. (2) He asked Mr. Mahoney if he has contacted the hypnotic therapist. Mr. Mahoney responded he had called and left word but has not had a response. (3) He asked Utility Director Gary Robertson to meet with him. Supervisor Harrison: He expressed appreciation for the status report on projects listed under "Reports". Supervisor Nickens: He requested for a work session on non-standard refuse collection. Mr. Hodge scheduled the work session for the November 9, 1999 meeting ~, October 12, 1999 637 - IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Joint Work Session with Planning Commission to discuss cluster housing zoning ordinance amendments. Harrington, County Planner) (Terry The Work Session was held from 5:15 p.m. to 5:55 p.m. Mr. Harrington offered a power point presentation on the proposed ordinance. Mr. Harrington described the major elements of the ordinance which include: (1) that cluster housing can be build in R1, R2, R3 and R4, but not in rural areas; (2) that they will allow for single family detached and attached homes only; (3) that there will be no minimum lot sizes or setbacks except adjacent to existing public road or adjacent development; (4) that 35-50% will be required open space; (5) that there will be primary and secondary conservation areas; steep slopes, flood plains, view sheds, etc.; and (6) that private roads would be allowed. Mr. Harrington described the standards for the private roads. The Board expressed concern about allowing private roads because of the potential problems with service delivery such as refuse trucks, emergency vehicles and school buses using the private roads. Mr. Harrington also explained how the review/approval process would work, and that the Planning Commission would review if the standards were not being met or there was a request for a waiver. The Planning Commission would hold a public hearing prior to a decision, which could then be appealed to the Board of Supervisors. 638 October 12, 1999 The Booru ClI:;u t::X.IJICò:)ò:)CJ lei:t'C;;¡vàlioI15 ðt50Ut ¡Re I "IQAFllnQ ·_Ð[(IIIII~1!iI·JIIII"'Silli,':.J ·1·--.... l=-..;;:c: requests instead of the Board of Supervisors. IN RE: CLOSED MEETING At 5:01 p.m. Supervisor Johnson moved to go into Closed Meeting following the Work Session, pursuant to Code of Virginia Section 2.1-344 A (5),. Discussion concerning a prospective business or industry where no previous announcement has been made of that business' or industry's interest in locating in the County. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, NAYS: None IN RE: CERTIFICATION RESOLUTION R·101299-4 The Closed Meeting was held from 5:55 p.m. to 6:10 p.m. Supervisor Nickens moved to return to Open Session at 6:10p.m. and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Harrison, Johnson, NAYS: None RESOLUTION 101299-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has ~, October 12,1999 639 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 Nickens 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 6:11 p.m., Chairman Johnson adjourned the meeting to 8:00 a.m. on October 20, 1999 for the purpose of a meeting on prototype school construction with outside consultant. Submitted by, Approved by, "7') (C!-A-Lc1- ß.j Ú¿.¿¿.7'o../ Mary H. Allen, CMC/AAE Clerk to the Board 640 October 12, 1999 This page left intentionally blank