3/12/1996 - Regular
March 12, 1996
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 12, 1996
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 March, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens (Arrived 3: 05 D.m.), Supervisors Lee B.
Eddy, 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
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164
March 12, 1996
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The invocation was given by the Reverend steven W.
Harris, Baptist Children's Home.
The Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added Item 3 to the Consent Agenda,
Resolution of Appreciation to James Taliaferro, Mayor of the City
of Salem.
Mr. Mahoney added Executive session items pursuant to
Code of Virginia section 2.1-344 A (3) acquisition of real estate
for public purposes, David Shelor property; and (3) acquisition
of real estate for economic development purposes.
Supervisor Eddy added Executive Session item 2.1-344
(A) (1) personnel matters, appointments to New Century Council
and Stormwater Management Advisory Committee.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Proclamation Declarinq the month of March 1996 as
Red Cross Month.
Chairman Johnson presented the proclamation to Mr. Tom
Brown, Manager of the Red Cross Chapter.
Supervisor Nickens moved to approve the proclamation.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
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March 12, 1996
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NAYS:
None
IN RE:
NEW BUSINESS
~ Reauest to donate a Parks and Recreation surDlus
van to EXDlore Park. (Pete HaisliD, Parks and
Recreation Director)
A-031296-1
Mr. Haislip reported that the surplus 1980 Dodge
handicapped accessible van has over 103,000 miles and is valued
at approximately $800. Explore Park plans to use the van to
provide a shuttle service from outlying parking areas to the
Park. Mr. Haislip advised that the County has purchased a new
wheelchair accessible van and the surplus van is available for
immediate transfer.
Supervisor Nickens moved to approve the donation of a
van to the Explore Park. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
h Reauest from the Social Services DeDartment to
aDDroDriate $120,000 in state fundinq for SDecial
Needs AdoDtion. (John Chambliss, Assistant County
166
March 12, 1996
:1
Administrator)
A-031296-2
Mr. Chambliss advised that the state has provided
$120,000 additional funding for Special Needs Adoption for Fiscal
Year 1995-96, and the Department of Social Services cannot access
the funds until the Board has appropriated them. The funds are
used to place young people in the custody of Social Services.
Supervisor Minnix moved to approve the appropriation of
$120,000 in state funding. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE: REQUESTS FOR PUBLIC HEARINGS
Supervisor Johnson asked if it would be possible to
adopt the real estate tax rate at the same time that the public
hearing was held. Mr. Mahoney responded that he would research
the Code requirements and report back.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance amendinq and reenactinq the Roanoke
County Code, section 4, ChaDter 4, Amusements to
Drovide authority for Health DeDartment
insDections of Dublic swimminq Dools. (JoseDh
March 12, 1996
-:-167
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Obenshain, Sr. Assistant County Attornev)
Mr. Obenshain explained that in May 1995, the Board
amended the County's swimming pool ordinance in response to
complaints from owners and operators of public swimming pools
that the requirements would cause substantial cost and
inconvenience to the pools. The amendment focused on
recommendations for compliance, not on enforcement. As a result
of the experience gained, the Health Department has determined to
focus its efforts on water quality and direct public health
issues and remove itself from detailed safety regulations.
Richard Tabb from the Health Department was present to answer
questions.
There was considerable discussion regarding the merits
of including enforcement of some safety regulations in the
ordinance. In response to questions, County Attorney Paul
Mahoney advised that the County held no liability in case of
accidents at a public pool. There was general consensus from the
Board that some safety regulations should be included in the
ordinance and that the $100 application fee should be retained.
Supervisor Nickens moved to approve the first reading
of the ordinance with the second reading of ordinance set for
March 26, 1996, and, that the ordinance be amended to include
safety issues and retain the $100 application fee. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
168
March 12, 1996
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NAYS:
None
h ordinance vacatinq a 10 foot Public utili tv
Easement, located alonq the north DroDerty line of
Lot 9, section 1, Country Hills, recorded in Plat
Book 9, Paqe 65, located in the Windsor Hills
Maqisterial District UDon the Detition of Paul A.
and Cynthia W. Reburn. (Arnold covey, Director of
Enaineerinq , InsDections)
Mr. Covey advised that the petitioners are requesting
the vacation because their contractor inadvertently protruded one
foot into the existing easement and the petitioners had to adjust
the existing north property line adjacent to the existing Public
utili ty Easement. County staff received no obj ections to the
vacation from the applicable public utility companies and
requested adoption of the ordinance.
Supervisor Eddy moved to approve the first reading of
the ordinance and set the second reading and public hearing for
March 26, 1996. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Ordinance amendina Article IV, Sewer Use
Standards, ChaDter 18, Sewer and Sewaqe DisDosal
March 12, 1996
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of the Roanoke County Code. (Gary Robertson,
utility Director)
Mr. Robertson explained that the 1972 Sewage Treatment
Agreement between Roanoke City and Roanoke County requires the
County to adopt sewer use ordinances and regulations to conform
with those adopted by the city. The Department of Environmental
Quality and U. S. Environmental Protection Agency have required
the City to amend their Sewer Use Standards related to reissuance
of the discharge permit for the regional water pollution control
facility. The ordinance incorporates a relaxed pH limit, and new
provisions relating to wastewater pumped from restaurant grease
traps.
In response to a request from Supervisor Johnson, Mr.
Robertson reported on the progress of the upgrade to the sewage
treatment plant.
Supervisor Nickens moved to approve the first reading
of the ordinance and set the second reading for March 26, 1996.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
APPOINTMENTS
~ Buildinq Code Board of Adiustments and ADDeals
Supervisor Nickens nominated Thomas Darnall to serve
uo
March 12, 1996
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another four year term which will expire January 22, 1999.
h
New
century
Council
Vision
ImÞlementation
Committees
~ Roanoke Valley Reqional Stormwater Manaqemont
citizens Advisory Committee
The above appointments were discussed in Executive
Session.
IN RE:
CONSENT AGENDA
R-031296-3, R-031296-3.c
Supervisor Minnix moved to adopt the Consent Resolution
with the addition of Item 3. The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 031296-3 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM M - 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 March 12, 1996, designated as Item M-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 3, inclusive, as follows:
1. Request from School Board to appropriate $1,000 in
state funding to purchase computer communication
devices for students with disabilities.
March 12, 1996
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2. Approval of a Raffle Permit for Roanoke County
School Food Service Chapter.
3. Resolution of Appreciation to James E. Taliaferro
for his service as Mayor of the City of Salem.
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 Minnix to adopt the Consent
Resolution with item 3 added, and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
RESOLUTION 031296-3.c OF APPRECIATION TO MAYOR JAMES E.
TALIAFERRO, CITY OF SALEM, FOR HIS SERVICES TO THE
CITIZENS OF THE ROANOKE VALLEY
WHEREAS, James E. Taliaferro was elected to Salem City
Council in 1972, and was elected Mayor of the City in 1974; and
WHEREAS, Mayor Taliaferro has served in that capacity
since that time, and has now announced his plans to retire on
June 30, 1996; and
WHEREAS, during his term as Mayor, Mr. Taliaferro has
participated in regional cooperation efforts, such as the sewage
treatment plant, water and sewer services, economic development,
emergency services, library services, parks and recreation
programs, social services, jail services, the 419 Frontage
Development Plan and the Roanoke Valley Regional Airport
construction project; and
WHEREAS, Mayor Taliaferro has served the citizens of
the Roanoke Valley by encouraging the City of Salem's support of
numerous sporting and special events that benefit the entire
Valley, including the Amos Alonzo Stagg Bowl, NCAA Basketball and
the annual Salem Fair; and
WHEREAS, under Mayor Taliaferro's leadership, Salem has
developed an outstanding school system, superior infrastructure
and a high quality of life; and
1-12
March 12. 1996
WHEREAS, Mr. Taliaferro has been a good neighbor to the
citizens of Roanoke County and will be missed as he retires from
his service as Mayor of the City of Salem.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
behalf of its citizens, does hereby extend its sincere
appreciation to James E. Taliaferro for his years of service to
the citizens of the City of Salem and for his dedication to
maintaining the high quality of life for all the people of the
Roanoke Valley; and
FURTHER, BE IT RESOLVED, that the Board does hereby
extend its sincere best wishes to James E. Taliaferro for a happy
and productive retirement when he leaves the Office of M~yor of
the City of Salem.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
REPORTS AND INQUIRI~S OF BOARD MEMBERS
SUDervisor Nickens:
He asked Mr. Mahoney or Mr.
Chambliss to bring back a report on March 26, 1996 updating the
Board on recent General Assembly legislation.
SUDervisor Eddy:
touring the Forensic Lab.
(1) He asked when the Board will be
Mr. Hodge will try to set up a tour
for the April 9, 1996 meeting. Supervisor Nickens suggested also
inviting the Roanoke Valley General Assembly legislators. (2) He
received a notice that the Urban Partnership will be meeting on
March 22 to assess the results of the General Assembly action and
suggested that County representatives should attend.
Mr. Hodge
will contact the Board members and/or staff to make arrangements
March 12, 1996
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for the County's attendance. (3) He received a memorandum from
Chairman Johnson regarding the request from Roanoke City go
forward with planning for the Transportation District. Chairman
Johnson will contact Mayor Bowers with the Board consensus that
this is not the right time. (4) He reported that the Board
Clerk has set up a voice mail box for all five Board Members and
announced the telephone number. (5) He asked that Mr. Hodge
investigate what is happening with the VML Negotiating Committee
for utility rates. (6) He asked when the Board will schedule a
planning session with the Metropolitan Planning Organization.
Mr. Hodge responded that he plans to schedule the session for
May.
SUDervisor Minnix: He expressed concern about the
misconceptions voiced in other areas of the County about the
school bond referendum. He advised that the location of the new
school has nothing to do with the bond issue which was a vote for
funding of the project. He is also concerned that other areas
feel that they are not being treated fairly. He thanked
Supervisor Johnson for his strong support of the referendum.
SUDervisor Johnson: He emphasized the importance of
providing the correct facts to the voters on the bond referendum.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
114
March 12, 1996
following reports after discussion of ItelL'1 5. The motion carried
by a unanimous voice vote.
~ General Fund UnaDDroDriate~ Balance
ÂL CaDital Fund UnaDDroDriated Balance
~ Board Continqency Fund
h statement of the Treasurer's Accountabilitv oer
Investments and Portfolio Policy as of February
29, 1996.
~ Economic DeveloDment Activity ReDort
It was the consensus of the Board that Economic
Development Director Timothy Gubala will amend the Goals Section
of the report to reflect that there is no longer any land
available in ValleyTech Park.
IR RE:
WORK SESSIONS
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Recyclinq (Bill Rand, General Services Director
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Mr. Rand reviewed the history of recycling in Roanoke
County.
He advised that the proj ect is very popular but also
very expensive. He offered three alternatives for expansion of
recycling.
Alternative #1 would result in countywide automated
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commingled recycling with startup costs estimated at $1,344,000
and annual operating costs of $256,980.
Alternative #2 would
consist of placing recycling containers in visible, accessible
sites throughout the County. startup costs would total $48,000.
Alternative #3 would result in countywide source separated
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March 12, 1996
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recycling at an initial cost of $1,000,000 and annual operating
cost of $671,160. Staff recommended that the Board approve
Alternative #2 because it would increase recycling efforts but
require the least capital outlay and operating expenses.
There was extensive discussion on the lack of
participation in recycling, on the expense of the program, and on
the need for equitable recycling efforts in all areas of the
county.
Supervisor Johnson suggested discontinuing the current
recycling program in favor of establishing a regional approach
involving the Roanoke Valley Resource Authority and participating
localities. Supervisors Harrison and Nickens agreed with this
approach provided that there was a strong education program.
Supervisor Minnix felt that the citizens would be disappointed if
recycling was discontinued and Supervisor Eddy was reluctant to
stop the recycling program without discussing the issue with
Roanoke City and the Town of vinton.
Following discussion and Board consensus to discontinue
the present recycling program, Mr. Hodge was directed by the
Board to bring back for approval a plan to eliminate the current
programs and go forward with the regional approach to recycling.
ÅL Discussion of six Year Primary Road Plan (Arnold
Covev, Director of Enqineerinq , InsDections)
Mr. Covey and Jeff Echols, Resident Engineer, Virginia
J!'
116
March 12. 1996
Department of Transportation (VDOT), announced that VDOT's
preallocation hearing for fiscal year 1996-97 will be held on
April 2, 1996 at the Salem civic Center. The Six Year
Improvement Program identifies funds anticipated to be available
for highway and other forms of transportation construction for
distribution in the 1996-2002 plan. The Salem District primary
and urban funds for fiscal year 96-97 is estimated to be
$83,013,000. Mr. Covey advised that the budgeted projects on the
six Year Plan include: (1) improvements to Route I-81; (2)
intersection Improvements to Route 115; (3) improvements to Route
221 (Bent Mountain Road); (4) left turn lane improvements on
Route 311 (catawba Valley Drive); (5) continued study of
Interstate 73; and (6) widening of Route 221 South from Roanoke
to Martinsville.
Mr. Covey advised that there were three projects not on
the plan that Roanoke County has asked to be considered for
improvements. They are: (1) widening of Route 11 (Williamson
Road; (2) widening of Route 11/460 (West Main Street); and (3)
continued improvements to Route 115 (Plantation Road). There
was no consensus of the Board to change the priority list at this
time. Staff and Board members will attend the April 2, 1996
Commonwealth Transportation Board public hearing to emphasize the
importance of adding Route 11/460 and Route 11 to the six Year
primary Road Plan.
~ Budaet Work Session
March 12, 1996
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~ CIP Discussion
Presentations were made concerning requests for the
following items: (1) additional storage space at the Circuit
Court Clerk's Office; (2) the 800 MHZ System,
(3) new voting
machines for the Registrar (4) GIS System for Engineering &
Inspections, (5) fire bunk room additions, (6) Public Safety
window replacements, (7) firing range, and (8) jail renovations.
It was the consensus of the Board that the 800 MHZ system should
be removed from the CIP and staff should proceed with the lease
purchase.
Parks & Recreation Director Pete Haislip presented a
report on the recreational facilities in each magisterial
district.
IN RE:
EXECUTIVE SESSION
At 6:45 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia section 2.1-
344 A (3) discussion of the use of real property for public
purpose, space for the Department of Social Services; acquisition
of real estate for public purpose, David Shelor property;
acquisition of property for economic development purposes; 2.1-
344 A (1) personnel matter, appointments to New Century Council
and Stormwater Management Advisory Committee. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Harrison, Minnix, Nickens, Johnson
NAYS:
None
118
March 12, 1996
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IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-031296-4
At 7 : 20 P . m., Superv i sor Johnson moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 031296-4 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 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
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of
Certification Resolution,
vote:
Supervisor Johnson to adopt the
and carried by the following recorded
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
March 12, 1996
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IN RE: HEW BUSINESS
A~031296-5
supervisor Johnson recei ved unanimous consent to add
the following new business item to the agenda:
~ Authorization to execute settlement aqreement and
release with APL corDoration concerninq Dixie
Caverns Landfill CleanuD. (Paul Mahonev, county
Attornev)
Mr. Mahoney advised that a settlement agreement and
release has been reached with APL corporation, one of the parties
involved in the Dixie Caverns Landfill cleanup, and that the
agreement was with the bankruptcy committee representing APL.
Supervisor Minnix moved to authorize Chairman Johnson
to execute the settlement agreement and release on behalf of the
County. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: OTHER BUSINESS
~ Request to maintain fields at· Cave SDrinq Hiqh
School because of use bv River Dawqs Soccer Team.
(Elmer Hodqe. County Administrator)
There was discussion concerning turf maintenance at
Cave Spring High School which is necessary because the River
Dawgs Soccer Team uses the field. Mr. Hodge requested $5,000
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March 12, 1996
from either the Parks & Recreation Department budget, Board
Contingency F~nd, or Economic Development funds to maintain tha
field for one year. No action was taken.
IN RE:
ADJOURNMENT
At 7:34 p.m., Chairman Johnson declared the meeting
adjourned.
Submitted by,
Approved by,
/h~~
Mary H. lIen, CMC
Clerk to the Board
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Cha1rman ~