5/12/1998 - Regular
May 12,1998
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 12,1998
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday, and the first
regularly scheduled meeting of the month of May, 1998.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was
taken. Commissioner of the Revenue Wayne Compton introduced government students
who were present from Cave Spring High School.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy"
Minnix
MEMBERS ABSENT: Supervisor Joseph McNamara
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; 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 the Reverend Phillip Whitaker, Brambleton
Baptist Church. The Pledge of Allegiance was recited by all present.
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May 12,1998
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INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge deferred the following items to the May 26, 1998 Board Meeting:
(1) Item 0-1, Murray condemnation proceedings and (2) Item F-5, exchange of property on
Merriman Road.
Supervisor Harrison deferred Item E-2, approval of the Construction
Coordinator position until after the Executive Session with the School Board Chairman
and Superintendent.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Proclamation declarina the week of May 17 - 23 as National
Emeraency Medical Services Week in Roanoke Countv.
Chairman Johnson presented the proclamation to Deputy Fire & Rescue
Chief Willey Howlett.
Supervisor Minnix moved to adopt the proclamation. The motion carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
2. Proclamation declaring the month of Mayas Virginia Heritage
Tourism Weeks
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Chairman Johnson presented the proclamation to Dr. John Kern and Dr.
Deedie Kagey. Dr. Kagey presented a merit award to Roanoke County for the County's
work on the Hanging Rock Battlefield project.
Supervisor Harrison moved to adopt the proclamation. The motion carried
by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
3. Proclamation declaring the week of May 17 - 23 as Wireless
Safety Week in Roanoke County.
Chairman Johnson presented the proclamation to Ms. Rene Mengerink,
United States Cellular.
Supervisor Harrison moved to adopt the proclamation. The motion carried
by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor McNamara
IN RE:
NEW BUSINESS
1.. Request for fundina for the Actuarial Study of the Early
Retirement System. (Diane Hyatt. Finance Director)
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1-
A-051298-1
Ms. Hyatt reported that the School Administration has requested that the
County analyze a new early retirement program that they are considering implementing.
A preliminary review has indicated there was a potential benefit to both School and County
employees. A team of School and County employees has been established to work
through the analysis and potential implementation of the program and requests for
proposals were released for actuarial services. Three responded and were interviewed,
and William M. Mercer, Inc. was chosen to perform the actuary study. Their fee is $18,000
and one-third ($6,000) will be allocated to the County and two-thirds ($12,000) to the
Schools. Ms. Hyatt requested that the Board approve the $6,000 to be appropriated from
the Board Contingency Fund.
In response to questions from Supervisor Nickens, Ms. Hyatt advised that
there will be two separate analysis, one for the school employees and one for the County
employees, and that Mercer, Inc. has previously performed an analysis for five other
school systems. Supervisor Johnson asked that the staff provide good communication
with the employees on this issue.
Supervisor Nickens moved to approve $6,000 for the study, with the funding
to be appropriated from other than Board Contingency fund. The motion carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
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2. Request for approval and fundino of Construction Performance
Coordinator Position. /Elmer C. Hodge. County Administrator)
A-051298-2
This was heard following the work session.
Mr. Hodge reported that the Board has directed the staff to prepare a job
description and advertise for a new position of Construction Performance Coordinator.
This position will have project management responsibilities over construction projects
relating to the Schools Capital Construction Program. The position will report to the
County Administrator but will work cooperatively with the School Board and School
Administration to coordinate the entire program. The position is currently advertised at a
grade 29 with a starting salary range of $38,961 to $48,319 and is considered as a
temporary full time position of indefinite duration.
Mr. Hodge recommended that the position be funded from monies
reappropriated from the 1997-98 School Debt that was budgeted for debt payment on
Literary Loans that were not finalized during the 1997-98 fiscal year.
Mr. Hodge was directed to work with School Superintendent Dr. Gordon on
the job description and duties.
Supervisor Nickens moved to approve the funding and position. The motion
carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
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ABSENT:
Supervisor McNamara
3. Request for $34.000 for construction of bunkrooms and
restrooms at Fort Lewis and Hollins Fire and Rescue Stations.
(William Rand. General Services Director)
Mr. Rand advised that the Fire and Rescue Department placed the upgrading
of the crew facilities in the FY94-95 Capital Improvement Program. $350,000 in capital
construction funds were appropriated by the Board to the Department in the FY1997 -98
budget. Since the original estimate of $350,000 is four years old, construction costs have
increased somewhat due to inflation, and additional funds are needed to complete the
project. Balzer and Associates was selected to design the bunkroom additions and both
additions will be identical. $25,000 has been spent to design, engineer, produce plans
and generate bid documents. Additionally, architectural and engineering inspection and
management services are expected to cost additional $5,000. Therefore, $34,000
additional funding from the capital fund unappropriated balance is requested to construct
these bunkrooms.
Supervisor Nickens expressed concern at the increased costs and asked
staff to meet with Balzer and Associates to bring the project in on time and on budget.
Supervisor Johnson suggested that in the future, capital Improvement projects include a
CPI adjustment every year to assure that adequate funds are available when the project
begins.
There was no vote. Staff was directed to work with Balzer and Associates
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to bring the projects in on time and within the $350,00 budget and report back to the Board
after meeting with Balzer and Associates.
L Preliminary approval of citizens' requests to file a complaint with
the F.C.C. to review increase in cable programming services
rates of Cox Communications. (JoseDh Obenshain. Sr. Assistant
County Attorney)
A-051298-3
Mr. Obenshain advised that Roanoke County has received complaints from
twelve citizens requesting a review of Cox Communications Roanoke Inc. increase of its
rates for C.P.S. effective March 1, 1998. In order to properly file a request with the FCC
for review of this rate increase, Roanoke County, as the franchising authority, must make
an initial determination that not more than 90 days have elapsed from the date the rate
increase went into effect until the subscriber complaints were received and that such rate
increase pertains to the CP.S. tier of cable service. If Roanoke County intends to submit
a complaint to the FCC, it must first send a written notice including a draft FCC form 329
to Cox Communications Roanoke. The cable operation is permitted at least 30 days to file
a response with the County.
Supervisor Nickens inquired whether the 27 cents increase was per customer
or 27 cents per month per customer. Mr. Obenshain replied that it was 27 cents per month
per customer. Supervisor Nickens pointed out that he did not feel the complaints should
be forwarded for small amounts of money because there was substantial taxpayer dollars
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involved in preparing the forms and sending them.
William Cook, 3008 Loften Road S. W. spoke in support of filing the form
with the FCC, and felt that anytime there is a complaint it should be filed with the FCC on
principle.
Supervisor Nickens moved to approve the filing and for staff to clarify and
confirm that the increase is 27 cents per month per customer. The motion carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
5. Request to increase the number of vehicles in the County Fleet
by one to allow Read Mountain Fire and Rescue to operate a
second ambulance out of their station. (John M. Chambliss.
Assistant County Administrator)
A-051298-4
Mr. Chambliss reported that the members of Read Mountain Fire and Rescue
Department leased an ambulance from Blue Ridge Volunteer Fire and Rescue Squad to
provide emergency medical transport services to citizens in their run area. The
department has acquired a grant from the State Emergency Medical Services Department
for a new ambulance. Read Mountain Fire and Rescue will pay for all associated costs
in getting this ambulance operational and maintenance costs will be paid with funds from
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the Squad's operating budget. Insurance expenses for the ambulance will be paid from
the Risk Management budget. Mr. Chambliss requested approval to increase the number
of authorized vehicles for the Fire and Rescue Department by one, and adding the new
ambulance to the County's insurance policy.
Supervisor Johnson moved to approve the increase in number of vehicles.
The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
FIRST READING OF ORDINANCES
1.. First reading of ordinance authorizing vacation of the
northeasterlv ten feet of an existing 20-foot waterline easement
on Lot 10A of Larson Oaks Subdivision and acceDtance of a new
10- foot waterline easement on Lot 9. Larson Oaks. (Arnold
Covey. Director of Engineerino & Inspections)
Mr. Covey advised that the existing 20 foot waterline easement on Lot 10 was
dedicated by subdivision plat for Larson Oaks. The petitioners, George P. Baron and
Tammy O. Baron acquired lots 9, 10, 11 and 12 then resubdivided Lots 10, 11 and 12 to
Lots 10A, 11 A and 12A. The petitioners are requesting that the Board vacate the
northeasterly ten feet of an existing twenty-foot water line easement along the boundary
of Lot 9. In exchange the Barons propose to convey a new ten-foot waterline easement
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May 12,1998
which adjoins the remainder of the existing easement. The new owners of Lot 9 have
agreed and conveyed the alternative easement area.
Supervisor Minnix moved to approve the first reading and set the second
reading for May 26, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
2. First reading of ordinance reDealino Article V. Bingo Games and
Raffles. of Chapter 4. Amusements of the Roanoke County Code.
(Paul Mahoney. County Attorney)
Mr. Mahoney reported that in 1995, the General Assembly created the
Charitable Gaming Commission and vested control of all charitable gaming in the
Commonwealth with the Commission. Local ordinance regulating bingo and raffles
continued in effect until July 1, 1996. This ordinance repeals this provision of the County
Code, since local governments no longer have any authority over charitable gaming. Mr.
Mahoney explained this was a "housekeeping matter" and was not repealed earlier
because he thought the General Assembly might vest the power back to local
governments.
Supervisor Nickens moved to approve the first reading and set the second
reading for May 26, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
May 12,1998
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NAYS:
ABSENT:
None
Supervisor McNamara
3. First readin9 of ordinance to vacate a Dart of a Dlatted unnamed.
abandoned 25-foot wide right-of-way as shown on the map of
Lee Mitchell subdivision. Plat Book 3. Paoe 203 and located in
the Catawba Magisterial District. (Arnold Covey. Director of
Enoineerino & Inspections)
Mr. Covey advised that the petitioner, Lloyd M. Tingler is the owner of the
parcel adjacent to the property which is described as a part of Lee Mitchell Subdivision.
He wants to vacate this abandoned right of way which is 25 feet wide by 336 feet long
adjacent to this property. Once the right-of-way is vacated, the property will be combined
with the property adjacent to the south side of the former right-of-way.
Supervisor Harrison Minnix moved to approve the first reading and set the
second reading and public hearing for May 26, 1998. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor McNamara
4. First reading of ordinance enacting Section 13-13.1. of the
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Roanoke County Code. Authorized Disposal of Trash. Unlawful
Scavenain9 or Handling of Trash. (Joseph Obenshain. Sr.
Assistant County Attorney)
Mr. Obenshain reported that the proposed ordinance incorporates the
language which has appeared in the Roanoke City Code since 1977. If adopted, it would
be unlawful for any person to "scavenge in the refuse of another" or to handle the contents
of a trash receptacle except for County employees designated for that purpose. Further,
only designated County employees may place garbage or refuse in a County trash
collection vehicle. Violation would be a Class 1 misdemeanor.
Supervisor Nickens asked about commercial trash collectors such as BFI.
Mr. Mahoney responded they will look at the commercial business and revise the
ordinance before the second reading. In response to an inquiry from Supervisor Minnix,
Mr. Obenshain explained that a Class 1 misdemeanor is punishable by a fine of not more
than $2,500, or jail confinement for not more than 12 months, or both.
Supervisor Johnson moved to approve the first reading and set the second
reading for May 26, 1998. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
5. First reading of ordinance to declare a 5.11 acre portion of lot
frontina on Merriman Road and a .16 acre portion of a lot
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opDosite the intersection of Starkey Road and Merriman Road in
the Cave SDrino Magisterial District surolus and
accepting/reiecting an offer for the exchange of same with
Dortions of property owned by Charles R. Lemon and Anne L.
Lemon and Curtis L. Lemon and Dorothv D. Lemon. (Pete
Haislip. Director of Parks and Recreation)
This item was continued until May 26, 1998.
6. First reading of ordinance authorizing a lease allowino CFW to
install an antenna on the Avenham Water Tank. (Gary Robertson.
Utility Director)
Mr. Robertson advised that CFW has approached the Roanoke County Utility
Department about the possibility of installing a repeater antenna on the Avenham water
tank. The tank is located on a wooded site on the south side of Route 419 across from
Tanglewood Mall. CFW has submitted a proposed lease agreement and an offer of $300
per month for the use of the site. The initial term is for five years with the ability to renew
for three additional five year terms. The lease will generate $3,600 per year for the water
fund.
In response to a question from Supervisor Johnson, Mr. Robertson explained
that this was not a full blown tower but just a repeater tower. Supervisor Johnson
suggested that if they install a full blown tower, the lease rental should be increased.
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Supervisor Minnix moved to approve the first reading and set the second
reading for May 26, 1998. The motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor McNamara
7. First reading of ordinance amending Section 21-19.
Exemptions--Household aoods and personal effects. of Chapter
21. Taxation of the Roanoke County Code to include antique
motor vehicles not used for general transDortation. (Paul
Mahoney. County Attornev)
0-051298-5
Mr. Mahoney reported that in 1997, the Virginia General Assembly adopted
legislation relating to local personal property taxation of antique motor vehicles, adding
them to the classification of certain household goods and personal effects that a local
governing body may exempt from personal property taxation. The legislation also removed
the authority of local governments to exempt in whole or in part all of these classes. The
proposed ordinance adds antique motor vehicles to the list of classes that may be
exempted from personal property taxation.
Supervisor Nickens moved to approve the first reading and waive the second
reading because personal property taxes are due at this time, and adopt the ordinance.
The motion carried by the following recorded vote:
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May 12,1998
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AYES:
-
NAYS:
ABSENT:
Supervisors Minnix, Harrison, Nickens, Johnson
None
Supervisor McNamara
ORDINANCE 051298-5 AMENDING SECTION 21-19. "EXEMPTIONS--
HOUSEHOLD GOODS AND PERSONAL EFFECTS" OF CHAPTER 21.
"TAXATION" OF THE ROANOKE COUNTY CODE TO INCLUDE ANTIQUE
MOTOR VEHICLES NOT USED FOR GENERAL TRANSPORTATION
WHEREAS, Section 21-19 of the Roanoke County Code establishes a
household goods and personal effects which are exempt from taxation; and
WHEREAS, the 1997 General Assembly for the Commonwealth of Virginia
amended Section 58.1-3503 of the 1950 Code of Virginia, as amended, by including
"antique motor vehicles" to this category of exempt goods and effects; and
WHEREAS, the first reading of this ordinance was held on May 12,1998;
and the second reading and public hearing was held on May 26, 1998.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
1. That Section 21-19. "Exemptions--Household goods and personal
effects" of Chapter 21. "Taxation" be amended to read and provide as follows:
Sec. 21-19. Exemptions--Household goods and personal effects.
The following household goods and personal effects are, pursuant to section
58.1-3504 of the Code of Virginia, hereby declared exempt from taxation and shall not be
assessed for that purpose:
(1) Bicycles.
(2) Household and kitchen furniture, including gold and silver plates,
plated ware, watches and clocks, sewing machines, refrigerators,
automatic refrigerating machinery of any type, vacuum cleaners and
all other household machinery, books, firearms and weapons of all
kinds.
Pianos, organs, phonographs and record players, and records to be
used therewith, and all other musical instruments of whatever kind,
radio and television instruments and equipment.
Oil paintings, pictures, statuary, curios, articles of virtu and works of
art.
Diamonds, cameos and other precious stones and all precious metals
used as ornaments or jewelry.
Sporting and photographic equipment.
Ilii"iif¡;iïiidii'II~lil~Ì;~iîE:;lñlggrmªYIûgf
(3)
(4)
(5)
(6)
(7)
fªY
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f81tª' All other tangible personal property used by an individual or a family
or household incident to maintaining an abode.
The classification above set forth shall apply only to such property owned and used by an
individual or by a family or household incident to maintaining an abode.
2. This ordinance shall be effective from and after its adoption.
On motion of Supervisor Nickens to approve the first reading and waive
second reading and adopt the ordinance, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
SECOND READING OF ORDINANCES
1.. Second reading of ordinance establishing a surcharge for and
authorizing the financino of a local public works improvement
proiect. Clearbrook Sewer Extension. (Paul Mahoney. County
Attorney)
0-051298-6
Mr. Mahoney noted there was a change to paragraph 5 of the ordinance.
There was no discussion.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Minnix, Harrison, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor McNamara
ORDINANCE 051298-6 ESTABLISHING A SURCHARGE FOR AND
AUTHORIZING THE FINANCING OF A LOCAL PUBLIC WORKS
IMPROVEMENT PROJECT, CLEARBROOK SEWER EXTENSION, AND
ACCEPTING THE DONATION OF UTILITY EASEMENTS
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WHEREAS, the Board of Supervisors authorized the extension of public
sewer service to the Clearbrook Elementary School in July of 1996 by Action No. A-
072396-1; and
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 sewer system to residents of the Clearbrook community; and
WHEREAS, the extension of the public sewer system will alleviate a critical
public health and safety problem; and
WHEREAS, property owners, Dr. J. Milton Miller (Tax Map No. 98.01-1-75)
has requested that the County allow him to pay his portion of the costs of connection to
the public sewer system over ten years in accordance with the provisions of Ordinance
112288-7; and
WHEREAS, the first reading of this ordinance was held on April 28, 1998;
and the second reading was held on May 12, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Board authorizes and approves a local public works
improvement project namely, public sewer extension for a portion of the Clearbrook
community.
2. That the Board authorizes and establishes a surcharge to cover costs
associated with the construction of the Clearbrook sewage pump station and sewer force
main of $700 per equivalent residential connection (ERC). This surcharge shall apply to
all sewer connections within the Clearbrook Drainage Shed and shall be in addition to any
construction costs and off-site facility fees imposed.
3. That the Board authorizes and approves the payment by Dr. J. Milton
Miller (Tax Map No. 98.01-1-75) of his portion of the cost of extending the public sewer
system in accordance with the following terms and conditions:
Payment of a sewer connection fee of $15,965, which includes the
costs associated with construction, off-site facility fee, and pump
station/force main surcharge. Dr. Miller will pay $6,000 down and
finance the remaining $9,965 over 10 years at an interest rate of 8%
per annum.
4. That these payments shall be returned to the Sewer Fund.
5. That the Board of Supervisors hereby accepts the donation to said
Board of the 8-inch water line easement and the 8-inch sewer line easement of variable
width from Dr. J. Milton Miller, (Tax Map No. 98.01-1-75) as shown on a plat prepared by
the Roanoke County Engineering Department, dated 27 April 1998, a copy of which is
attached hereto.
6. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
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May 12,1998
transaction, all upon form approved by the County Attorney.
7. That this Ordinance shall take effect on and from the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
APPOINTMENTS
1.. Board of Zonino Appeals
Supervisor Harrison nominated Richard Jones to serve another 5-year term
which will expire June 30, 2003.
2. Parks and Recreation Advisory Commission
Supervisor Johnson announced the resignation of Richard Cox from the
Hollins District. He asked that Clerk Mary Allen send a letter and certificate of appreciation
to Mr. Cox and place the vacancy on the next agenda.
IN RE:
CONSENT AGENDA
R-051298-7. R-051298-7.a. R-051298-7.c. R-051298-7.e
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor McNamara
RESOLUTION 051298-7 APPROVING AND CONCURRING IN CERTAIN
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ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM 1- CONSENT AGENDA
as follows:
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That the certain section of the agenda of the Board of Supervisors for May
12, 1998 designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1. Resolution of Appreciation to the families of Mary Jane Burgess and
Cherie Burgess Shindell for their donation to Roanoke County of
Happy Hollow Gardens.
2. Confirmation of committee appointment to the Fifth Planning District
Stormwater Management Advisory Committee
3. Resolution to request that the Virginia Department of Transportation
add into the secondary system new portions of existing Roselawn
A venue and Ranchrest Drive and abandon those portions of
Roselawn Avenue, Pleasant Hill Drive and Ranchcrest Drive that no
longer serve the public.
4. Appropriation of funds for child day care for the Department of Social
Services
5. Resolution repealing action previously adopted by the Board of
Supervisors regarding Bingo and Raffle Permits and providing for a
policy manual.
6. Request to receive and appropriate Section 18 monies from the
Department of Rail and Public Transportation for use by CORTRAN.
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 Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 051298-7.a OF APPRECIATION TO FAMILIES OF MARY
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May 12, 1998
JANE BURGESS AND CHERIE BURGESS SHINDELL FOR THEIR
DONATION TO ROANOKE COUNTY OF HAPPY HOLLOW GARDENS
WHEREAS, Mary Jane Burgess and her sister Cherie Burgess Shindell
spent many hours as children visiting their aunt and uncle, Ellen B. Wharton and H. B.
Wharton, at Happy Hollow in Roanoke County; and
WHEREAS, Ms. Burgess and Ms. Shindell inherited Happy Hollow, and on
January 29, 1985, donated to Roanoke County these 34.5 acres and a cabin located in the
southwest portion of Roanoke County off State Route 221 on State Route 602 for the
enjoyment of its citizens as a place of peace and beauty; and
WHEREAS, Happy Hollow is planted with a large variety of species of plants,
including various rhododendrons, azaleas, flowers, and fruit trees, making it a wilderness
garden which blooms throughout the year; and
WHEREAS, Ms. Shindell was a familiar figure at meetings of the Board of
Supervisors, representing the League of Women Voters, until her death in 1996; and
WHEREAS, Ms. Burgess continued to live at Happy Hollow until her death
in 1998, and during her lifetime greeted visitors, cared for the garden area around the
cabin, and acted as superintendent of the gardens; and
WHEREAS, the Roanoke County Parks & Recreation Department plans to
continue to preserve and protect Happy Hollow Gardens as a unique and beautiful area
for future generations to enjoy.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its appreciation and gratitude to MARY
JANE BURGESS AND CHERIE BURGESS SHIN DELL for their generous donation to the
people of Roanoke County of Happy Hollow Gardens; and
BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby
convey its condolences to the families of Mary Jane Burgess and Cherie Burgess Shindell
for the loss of these two generous and exceptional women.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 051298-7.c REQUESTING ADDITIONS AND
ABANDONMENTS OF PORTIONS OF ROUTES 689, ROSELAWN
AVENUE, ROUTE 907, RANCHCREST DRIVE, ROUTE 1552, PLEASANT
HILL DRIVE, BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION
WHEREAS, Route 221, from 0.139 miles south of Route 419 to 1.860 miles
south of Route 419, a distance of 1,721 miles, has been altered and a new portion of road
has been constructed, Project 0221-080-107, C-501, and
WHEREAS, the project sketch, attached and incorporated herein as a part
May 12, 1998
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of this resolution, depicting the additions and abandonments required in the secondary
systems of state highways as a result of this project, and
WHEREAS, the new road serves the same citizens as those portions of the
old road identified by the sketch to be abandoned and those segments no longer serve a
public need, and
NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors of
Roanoke County, Virginia, requests the Virginia Department of Transportation to add
Sections 18, 19, 20, and 21, shown hatched on the attached project sketch, to the
secondary system of highways, pursuant to §33.1-229 of the Code of Virginia, 1950 (as
amended), and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby abandons Sections 14, 15, 16, 17 and 22, shown crosshatched
on the attached project sketch, as part of the secondary system of state highways,
pursuant to §33.1-155, Code of Virginia, 1950 (as amended), and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County reserves and retains all abandoned Sections as a Sanitary Sewer and Waterline
Easement and as a Public Utility Easement, and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, orders that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
Suoervisor Johnson
None Required
Supervisors Minnix. Harrison. Nickens. Johnson
None
Supervisor McNamara
RESOLUTION 051298-7.e REPEALING CERTAIN POLICIES PREVIOUSLY
ADOPTED BY THE BOARD OF SUPERVISORS PERTAINING TO
BINGO/RAFFLE PERMIT PROCEDURES, AND TO PROVIDE FOR A
POLICY MANUAL TO GUIDE THE ADMINISTRATION OF COUNTY
GOVERNMENT
WHEREAS, the Board of Supervisors of Roanoke County hereby establishes
a Policy Manual to provide an organized, systematic approach to the handling of routine
matters by this government organization, and a dependable source of reference for all
County departments and the Board; and,
WHEREAS, this Policy Manual is based upon actions taken and measures
adopted by the various boards of supervisors of Roanoke County over the past 20 years;
and,
WHEREAS, in reviewing these actions of the boards of supervisors of
Roanoke County over the past 20 years, certain actions should be repealed, rescinded,
modified or amended; and,
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May 12, 1998
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WHEREAS, this Resolution addresses those actions pertaining Bingo and
Raffle Permit Procedures.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That there is hereby established a Policy Manual for Roanoke County
government.
2. That Action N7-22-86-164.B adopted July 22, 1986, which action sets
up the procedures for handling bingo and raffle permits in the Policy Manual, be, and
hereby is, rescinded.
3. That 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 Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke expressing concerns about the Woods End site
for the proposed new South County High School. They were concerned about the possible
entrance to the high school, water runoff, increased traffic and whether any testing had
been done on the site yet.
1. Harold D. Greer, 3530 Holland Drive S. W.
2. W. Keith Zillifro, 3463 Farmington Drive S.w.
3. Shirley Boon, 3523 Farmington Drive S.w.
4. June Cosnotti, 3508 Farmington Drive S. W.
5. Jesse Wilson, 4901 Grape Tree Lane
6. Nancy Farinola, 5367 Cave Spring Lane
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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May 12, 1998
323
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Supervisor Nickens: (1) He announced that the new additions to Explore
Park included the opening of the Roanoke River Parkway, the Taubman Center dedication,
and the opening of the Brugh Tavern and Mount Union Church. He also advised that the
former temporary access road to the park has been removed.
Supervisor Minnix: (1) He asked for an update on the removal efforts on the
building on Route 220 that was in very poor condition. Mr. Hodge responded that this is
an elaborate procedure that takes about three months but the process is underway. (2)
He advised that he had received phone calls chiding the Board on cutting school funds
and announced that Roanoke County is 14th from the top in local efforts in education and
spend in excess of $3,000 per child.
Supervisor Harrison: (1) He agreed with Supervisor Minnix on school
funding. (2) He asked when the construction for the Hanging Rock Battlefield trail would
begin. Mr. Hodge responded that he would check and report back to the Board.
Supervisor Johnson: He asked Director of Engineering & Inspections
Arnold Covey to give an update on the meeting with Palm Valley residents concerning
purchase of homes in the floodway. Mr. Covey advised that the County has applied for a
grant which will come back to the Board for approval to be used for possible removal of
some of the homes in the floodway. They are in the process of gathering information for
FEMA to apply for the grant. Mr. Hodge also advised that this is a long process and asked
for patience from the residents in the area.
IN RE:
REPORTS
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May 12,1998
Supervisor Minnix moved to receive and file the following reports. The
motion carried by a unanimous voice vote with Supervisor McNamara absent.
1.. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Report on insurance claims for sewer stoPDages and backups
5. Proclamation signed by the chairman
6. Report on roof replacements
7. Statement of the Treasurer's Accountability per investments and
portfolio policv as of April 30. 1998.
IN RE:
EXECUTIVE SESSION
At 5:15 p.m., Supervisor Johnson moved to go into Executive Session
following the work sessions pursuant to the Code of Virginia Section 2.1-344 A.(7)
consultation with legal counsel and briefings by staff pertaining to specific legal matters;
boundary line adjustment; 2.1-344 A (1) personnel matter; 2.1-344 A (5) discussion
concerning a prospective business or industry where no previous announcement has been
made; 2.1-344 A (3) consideration of the acquisition or use of real property for public
purposes. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
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May 12, 1998
325
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ABSENT:
Supervisor McNamara
INRE:
PUBLIC HEARINGS
1.. Public Hearing and adoption of resolution to acquire by
condemnation proceedinas. and to authorize immediate right-of-
entry to. a permanent 20 foot drainaae easement together with
the right of access and a temporary construction easement from
Nvna S. Murray. (Vickie Huffman. Assistant County Attorney)
The public hearing was held at 5:00 p.m. and there were no citizens present
to speak on this issue. Action on the item was continued to May 26, 1998.
2. Public Hearing to elicit written or oral comments from the Dublic
on the proposed 1998/99 fiscal year budaet. (Brent Robertson.
Budaet Manager)
Mr. Hodge highlighted the items included in the proposed 1998/99 budget
as follows:
·
Increased local funding for School Operations by $1,095,250 for a total of
$46,325,723.
Reserved an additional $2,000,000 for debt service on Phase I of the School
capital construction program. This equals the amount set aside in the FY97-
98 budget and is part of the financing plan approved by the Board to fund
Phase I.
Continued subsidy for School dental benefits of $257,025.
Provided funding for increased recently issued debt for School capital
projects of $244,549 that included literary loans and VPSA bonds for Phase
I construction projects.
·
·
·
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May 12,1998
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·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
Increased funding by $237,500 for School's CPMT mandates.
Provided funding of $500,000 for joint purchase of payroll and human
resource systems upgrade.
Continued Public/Private Partnership funding of $250,000.
Provided $200,000 for initial engineering and development of Roanoke
County's Center for Research and Technology.
Continued $107,500 in funding for the Roanoke Valley Economic
Development Partnership
Provided $175,000 for 24 hour Emergency Medical Dispatchers (EM D's)
added in the E-911 call center.
Included funding of $650,000 for scheduled Fire and Rescue apparatus
replacement.
Allocated $88,000 for enhanced fire and rescue coverage by extending daily
shift hours of paid staff and adding part-time advanced life support (ALS)
personnel at selected stations.
Commitment to study additional equipment and staffing needs in conjunction
with charging set fees for rescue calls.
Provide for nationally accredited, professional law enforcement services that
also provides educational assistance in county schools through a fully
staffed DARE program and School Resource Officers at each high school
Provide $100,000 for park development in South County and $50,000 for a
lighted soccer field in North County.
Continued funding of $50,000 for Community Matching Improvements
Program.
Regionalized 800 MHZ Public Safety Communication System with Roanoke
City.
Allocated $25,000 for initial stages of Roanoke Valley Higher Education
Center, contingent upon additional state and other locality funding.
Continued efforts to regionalize juvenile detention services to reduce costs
and optimize service levels.
Allocated $50,000 of funding for joint development of a police firing range at
the Dixie Caverns Landfill location with Roanoke City.
Continued $913,000 in funding for regional human service, social service,
cultural, and economic development organizations that provide benefits
throughout the Roanoke Valley and western Virginia.
Continued regionalized efforts for library services including joint branch
library with Botetourt County and valley-wide automation services.
May 12,1998
327
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·
Included additional funding of $83,000 for staffing increases and $40,000 for
outsourcing the Treasurer's cashiering system to ensure completion of Year
2000 software and hardware upgrades.
Reallocation of existing resources to meet growing, complex technology
needs.
Provide $85,000 in funds for one additional automated refuse collection
vehicle. This purchase will allow automated collection services to
approximately 98% of the county's residential homes.
Funded $500,000 for revenue sharing with VDOT for county road repairs
and upgrades. These funds leverage $1,000,000 in road repair.
Continued $170,000 in funding to leverage state and federal grants for on-
going development of an integrated GIS system that will benefit public
safety, community development, utility services, and the general public.
Maintained $107,500 in funding for the Roanoke Valley Convention and
Visitors Bureau to ensure a regional marketing approach to tourism related
activities.
Provided continued support of approximately $173,000 to numerous regional
tourism related and cultural organizations including National D-Day
Foundation, Center in the Square, Western VA Science Museum, VA
Transportation Museum, and others.
Increased support of Virginia's Explore Park from $160,000 to $170,000.
Allocated $30,000 for planning and development of the Blue Ridge Parkway
Interpretive Center.
·
·
·
·
·
·
·
·
·
Specific issues related to the budget were discussed in the work session that
followed the regular session.
Carl Miller, representing Roanoke Valley Court Appointed Special Advocates
(CASA) requested increased funds to CASA for training of volunteers
IN RE:
WORK SESSIONS AND PRESENTATIONS
L Work Session on Virginia Gas ComDany's Droposed natural aas
pipeline.
The work session began at 5:30 P.M. and was presented by Tim Talkington,
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May 12,1998
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and Barry Buchanan from the Virginia Gas Company. They presented the proposed
pipeline route. The Board members expressed concerns about ridge line protection, and
notification of citizens who would be affected. After discussion, it was the consensus of
the Board that residents living within 1,000 foot corridor should be notified and that the
issue be referred to the Planning Commission for review and recommendation. Following
review by the Planning Commission and notification of citizens who could be affected, the
request for support should be brought back to the Board for consideration.
2. Work Session to discuss rezoning request for the Roanoke
County Center for Research and Technology (Glen Marv Proiect).
The work session began at 6:15 P.M. Don Witt, a member of the Planning
Commission, advised when the Commission heard the proposed rezoning request, they
had problems with the definition of private roads in the Lone Eagle portion of the proposed
project, who would be responsible for maintenance of roads, and standards for private
roads. The Planning Commission felt that the same standards that are applied to private
developers should be applied to County developments. Mr. Hodge suggested that there
be guidelines developed that both private developers and the County would have to meet.
The rezoning request was referred back to the Planning Commission to
review this issue and define general guidelines for private roads for future developments.
After review the Planning Commission will bring a recommendation to the Board.
3. Presentation of the County Administrator's DroDosed 1998/99
budget.
May 12, 1998
329
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The work session began at 6:30 p.m. Mr. Hodge presented the budget
highlights during the public hearing on the budget.
The following issues were discussed: (1) Supervisor Nickens emphasized
that $50,000 is the total funding commitment for the firing range through 2003. (2) Mr.
Hodge advised that he understands that there will be only one MIS function for both
schools and county but he does not have this agreement have in writing. (3) There was
a general discussion on how the vehicle personal property tax rebate would be handled
by the State. (4) Supervisor Nickens asked about progress in getting a drop box at the
Division of Motor Vehicles to pay taxes and utility bills. Mr. Hodge responded that he will
check and report back to the Board. (5) Supervisor Nickens requested $100,000 from the
capital unappropriated balance for the McDonald Farm project. (6) Supervisor Nickens
advised that office space for the Greenway Coordinator should be considered as the
County portion of funding in the future.
CONTINUATION OF NEW BUSINESS
1.. Consideration of adoDting a resolution on the application to the
Virainia State Corporation Commission by Virginia Gas ComDanv
to construct a natural gas Dipeline connecting their storage
facility. (John M. Chambliss. Assistant County Administrator)
Supervisor Johnson moved to refer this item to the Planning Commission, to
provide public notification to residents and bring back to the Board on May 26, 1998. The
IN RE:
motion carried by the following recorded vote:
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May 12,1998
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A yt:::>: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE: EXECUTIVE SESSION
The Executive Session was held from 7:16 p.m. to 8:32 p.m.
IN RE:
CERTIFICATION RESOLUTION
R-051298-8
At 8:32 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 Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 051298-8 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
May 12, 1998
331
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On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
ADJOURNMENT
Chairman Johnson adjourned the meeting at 8:34 p.m.
Submitted by,
Approved by,
~,/vI.~
Mary H. Allen, CMC
Clerk to the Board
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May 12, 1998
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