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6/13/1995 - Regular ~ 1 .Tune 13, 1995 499 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 13, 1995 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the II second Tuesday, and the first regularly scheduled meeting of the month of June, 1995. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. Kohinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens (Arrived 3:06 p.m.) 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 I IN RE: OPENING CEREMONIES ~ ,..- 410 .Tune 13, 1995 þ IN RE: OPENING CEREMONIES The invocation was given by the Reverend Joseph A. Keaton, Central Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney advised that William Fralin, Attorney for Wayne Engineering, had requested a continuance of the debarment action until June 27, 1995. II Supervisor Johnson moved to postpone the debarment action until June 27, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: ABSENT: None Superviso~ Nickens Mr. Mahoney added an item accepting the offer for the sale of a surplus well lot and executive session items pursuant to 2.1-344 (7) legal advice, and (3) disposition of surplus real estate. Supervisor Eddy added an executive session item pursuant to 2.1-344 (1) personnel - appointment to the Fifth Planning District Commission. I ~ 1 II I ~ .Tune 13, 1995 4ti IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Recoqnition of Parks & Recreation Department volunteers who assisted taxpayers visitinq the Treasurer and Commissioner of Revenue Offices durinq tax season. (Deborah Pitts. Assistant Director of Recreation) Certificates of appreciation were presented to the following citizens and staff by Chairman Minnix, Treasurer Alfred C. Anderson, and Deborah Pitts, Assistant Director of Parks: Ann Nestor, J. B. Nestor, Thelma Thurman, Gerald Cook, Wanda Cook, Lois Daniel, Martha Agner, Violet Gallia, Bea Owens, Rachel Semantle, Irene Umburger, Ed Umburger, Mabel Bowman, Julia Jennings, Iris Palmer, Anna Wexham, Russell Waxham, Sue Yeager, Zelma Reaves, Bob House, Shirley Burroughs, Ruby Johnson, Edith Kelly, Pat Proctor, Myrtle Hash, Aldene Reed, Clarice Corell, Vera Dixon, Paul Robertson, Lou Paul, Elouise Gibbs, Beulah Garrett, Rutha Kennedy, Tony Hehn, Polly Yeager, Terry Flanary, Jo Robertson, Myra Sellers, Anita Hammerstrom and Frank wilkins. IN RE: NEW BUSINESS ~ h Request to adopt the Fiscal Year 1995-96 BUdqet for the School Board of the County of ....4 "..- 412 June 13, 1995 þ Roanoke. (Brent Robertson. Budqet Manaqer) R-61395-1.a Brent Robertson presented the staff report, explaining that the School Board has balanced their budget since submitting it to the Board on March 14 with additional funding from the County, reduced maintenance reserves, and year-end surpluses. The School Board has segregated the $1.5 million additional funding into a separate capital fund. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None RESOLUTION 61395-1.a APPROVING THE FISCAL YEAR 1995-96 BUDGET FOR THE COUNTY SCHOOL BOARD FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 22.1-93 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget for educational purposes; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.1-162 of the State Code and the pUblic hearing as required thereon was held on May I . 23, 1995. l ~ ~ June 13, 1995 413 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1995-96 for the educational purposes of the County School Board for Roanoke County, Virginia, as follows: Roanoke County School Board Budget Adoption FY 1995-96 II Adopted FY 1994-95 Adopted FY 1995-96 Revenue Estimates School Operating Fund $72.808.432 $76,103.239 School Cafeteria Fund 2,945.000 2,995,000 School Grants Fund 1.874.493 1,652,032 School Textbook Fund 695.726 777,283 Other Schoo 1 Funds 0 1.500,000 Total School Revenues $78.323.651 $83.027.554 I ~ ,..- 414 June 13, 1995 þ Proposed Expenditures School Operating Fund $72,808,432 $76,103,239 School Cafeteria Fund 2,945,000 2,995,000 School Grants Fund 1,874,493 l.652.032 School Textbook Fund 695,726 777,283 Other School Funds 0 1.500.000 Total School Expenditures $78.323.651 $83.027.554 I I l ~ II I ~ June 13. 1995 415 On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ ~ Request to adopt the Fiscal Year BUdqet for the County of Roanoke. Robertson. BUdqet Manaqer) 1995-96 (Brent R-6139S-1.b Mr. Robertson reported that at the budget work session on May 23, 1995, the Board of Supervisors indicated a consensus agreement on the maj ori ty of budget issues. Unresol ved were membership in the Urban Partnership and funding of the Planning Commission's Gateway Beautification project on Williamson Road. Funds earmarked in Risk Management for workers compensation have been reallocated to the Planning and Zoning department for this proj ect, but workers compensation employees will still be used whenever possible. Funds for membership in the Urban partnership are requested in a separate item in the agenda, and the remaining unallocated balance was added to the General Fund. Mr. Robertson advised that the budget needed to be updated to increase Explore Park's funding from $100,000 to $150,000. Supervisors Johnson and Eddy advised pleased with the budget process. statement outlining his objections. that Eddy a were not Supervisor read ~ ,..- 416 June 13, 1995 þ Supervisor Nickens moved to table the budget. The motion was defeated by the following recorded vote: AYES: Supervisors Nickens NAYS: Supervisors Johnson, KOhinke, Eddy, Minnix Supervisor Kohinke moved to adopt the budget. The motion was defeated by the following recorded vote: AYES: Supervisors Kohinke, Minnix NAYS: Supervisors Johnson, Eddy, Nickens Supervisor Johnson moved to reconsider the adoption of the budget. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None Supervisor Kohinke moved to adopt the budget. The motion carried' by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLUTION 61395-1.b APPROVING THE FISCAL YEAR 1995-96 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.1-160 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and I classified plan of all contemplated expenditures and all l 1 June 13, 1995 417 ~ estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.1-162 of the State Code, and the public hearing as required thereon was held on May 23,1995. Supervisors of Roanoke County, Virginia: NOW, THEREFORE, BE IT RESOLVED by the Board of 1. That there is hereby approved the annual budget for Fiscal Year 1995-96 for Roanoke County, Virginia, as follows: II County of Roanoke Budget Adoption FY 1995-96 Adopted FY 1994-95 Revenue Estimates General Fund: General Government: General Property Taxes Other Local Taxes . Pennits. Fees & Licenses Fines and Forfeitures Charges for Services Commonwealth Federal Other I Total Genera! Government S 52.760,000 17,485,000 538,730 487,500. 245,000 5,420,303 1,525,048 3,832.066 82.293,647 Adopted IT 1995-96 $ 57.440,000 18,300,000 536,000 487,500 250,200 5,470,952 1,560,048 5.335.198 89,379,898 ~ III"'" 418 June 13, 1995 Þ Youth Haven II 378,788 387,247 Law Library 42,980 41,980 Recreation Fee Class 548,430 616,763 Comprehensive Services 874,623 1,126,122 Internal Services 1,356,556 1,461,964 Garage II 253.766 257,278 Total General Fund 85,748,790 93,271,252 Debt Service Fund 8,391,277 8,706,612 Capital Projects Fund 75,000 575,000 Internal Service Fund 1,134,556 1,169,9·96 \Vater Fund 10.383.212 11.448.462 Sewer Fund 4.452,127 5,351, 155 School Operating Fund 71,808,184 76,103,239 School Cafeteria Fund 2.945,000 2,995,000 School Grants Fund 1,874,493 1,652,032 School Textbook Fund 695,726 777,2!3 Other School Funds 0 1,500,000 I Total Revenues All Funds 187.508,365 203,550,031 Less: Transfers (52,002,342) (55,985.798) Total Net of Transfers $ 135.506.023 $ 147.564.233 l Proposed Expenditures General Fund: General Government: General Administration Constitutional Officers Judicial Administration Management Services Public Safety Community Services Human Services N on- Departmental Transfers to School Operating Fund Transfers to Debt Service Fund Transfer to Internal Services Transfer to Comprehensive Services Other Addition to Fund Balance Total General Government $ 2,126.386 5,775,795 199,525 1,743,446 9,004,560 6.948,000 8,125.424 3.078.507 37,563,192 5.941,241 1,1 34,556 313,015 240,000 o 82,293,647 $ 2,170,233 6,092,179 319,778 1,690,775 9,249,300 7,988,473 8,244,237 3,913,353 41,530,692 5,492,904 1,169,996 313,015 800,000 404,963 89,379,898. I ~ ~ J un~ ·13, 1995 4W Youth Haven II 378,788 387,247 Law Library 42,980 41,980 Recreation Fee Class 548,430 616,763 Comprehensive Services Act 874,623 1,126,122 Internal Services 1.356.556 1,461,964 Garage II 253,766 257.278 Total General Fund 85,748,790 93,271,252 Debt Service Fund 8,391,277 8,706.612 Capital Projects Fund 15,000 575,000 Internal Service Fund 1,134,556 1,169,996 \Vater Fund 10,383,212 11,448,462 Sewer Fund 4,452,127 5.351,155 School Operating Fund 71,808,184 76.103,239 II School Cafeteria Fund 2.945,000 2,995,000 School Grants Fund 1,874,493 1,652,032 School Textbook Fund 695,726 777,283 Other School Funds 0 1.500.000 .Total Expenditures All Funds 187,508,365 203.550,031 Less: Transfers ( 52.002.342) (55.985.798) Total Net of Transfers $ 135.506.023 $ 147.564.233 I ~ ,..- GO .Tune 13, 1995 þ 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Min~ix NAYS: superviso~ Eddy h Request to adopt the Capital Improvement Proqram for Roanoke County. (Brent Robertson. BUdqet Manaqer) Mr. Robertson advised that the Improvement Program (CIP) draft for Fiscal submitted to the Board of Supervisors at the meeting, with a public hearing on the same recommended adoption of the CIP as a long-range proposed Capital Year 1996-2000 was II R-61395-2 May 23, date. 1995 Staff financial planning tool, and not as an appropriation of funds. In response to questions from the Board, staff advised that (1) the current fund balance percentage is 5.9%; (2) the request for the $264,000 funding that would be reallocated from the regional airport to fire and rescue for vehicle purchase will be brought to the Board during next year's budget process; and (3) the CIP has been developed by the administration and not the Planning Commission for several years. Supervisor Eddy requested that the Planning Commission I l ~ II I ~ June 13, 1995 ~ review the CIP document in the future. Supervisor Nickens moved to adopt the CIP. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLUTION 61395-2 ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR FY 1996-2000 FOR ROANOKE COUNTY WHEREAS, the County Administration has developed a capital improvements program to be used as a management and budget tool to assist County staff and the Board of Supervisors in addressing the capital needs of our community; and WHEREAS, the Board of Supervisors has held several work sessions with County staff on this capital improvements program; and WHEREAS, a public hearing on the adoption of this capital improvements program was held on May 23, 1995, to secure the comments of the citizens after publication of notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County capital improvements program for FY 1996-2000 is hereby adopted and approved. 2. That this capital improvements program shall not be considered a portion of the Roanoke County Comprehensive Plan. ~ ,..- 422 .Tune 13, 1995 On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy h Request for authorization for the Roanoke County School Board to withdraw and resubmit a literary fund application for William Byrd Hiqh School. (Diane Hyatt. Director of Finance) A-61395-3 Ms. Hyatt explained that the School Board Five Year Capital Improvement Plan includes a $3.3 million renovation of William Byrd High School to be funded from $2.5 million of Literary Loans. The School Board would like to take advantage of the reduced interest rate available through literary loan funding for the entire project rather than from literary loans and VPSA. This will save approximately $300,000 in interest expense. According to state officials, this will not delay the project. Staff recommended that the Board authorize the School Board to resubmit the Literary Loan for the entire project. Supervisor Nickens moved to authorize the resubmittal. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None l þ II I ~ II ,I "'IIIIIt June ·13, 199~ ~ h Request from the Reqional Roanoke Airport Commission to approve capital expense of $191.000 for snow removal equipment. (Diane Hvatt. Director of Finance) R-61395-4 Ms. Hyatt reported that the Roanoke Regional Airport would like to purchase snow removal equipment at a cost of $191,000, of which 90% will be reimbursed by the Federal Government and state funds have been received for the remaining 10%. According to the regional airport contract, the participating localities must approve any capital expenditure in excess of $100,000. Supervisor Minnix moved to adopt the resolution approving the purchase. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 61395-4 CAPITAL EXPENDITURE THE ROANOKE REGIONAL ALL WHEEL DRIVE DUMP APPROVING A SPECIFIC FOR THE ACQUISITION BY AIRPORT COMMISSION OF AN TRUCK WITH SNOW PLOW WHEREAS, Section 17.(b) of the contract between Roanoke County, the City of Roanoke and the Roanoke Regional Airport commission provides that the Commission shall prepare and submit for approval any proposed . capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; ~ ,.... 424 June 13, 1995 and WHEREAS, by letter dated May 19, 1995, a copy of which is on file in the Office of the Clerk to the Board, the Roanoke Regional Airport Commission has submitted a request that the County approve a certain capital expenditure by the Commission for the purchase of an all wheel drive dump truck with a twenty two foot (22') snow plow blade in the total amount of $191,000. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that this Board hereby approves the capital expenditure by the Roanoke Regional Airport Commission of $191,000 in connection with the purchase an all wheel drive dump truck with a snow plow blade, and the County Administrator and Clerk to the Board are authorized to execute and attest, respectively, on behalf of the County, any additional documentation, in form approved by the County Attorney, necessary to evidence said approval, as more particularly set forth in the letter to this Board on this subject from the Roanoke Regional Airport Commission dated May 19, 1995, a copy of which is on file in the Office of the Clerk to the Board. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Request to appropriate $10.000 from FY 1994-95 l þ II I ~ II I ~ June 13, 1995 425 Budqet for Urban Partnership membership. HOdqe. County Administrator) (Elmer A-61395-5 Mr. Hodge reported that membership in the Urban Partnership would allow Roanoke County to offer assistance in solving the real problems of urban cities while addressing the fiscal and other problems that are experienced by County. Several counties have already joined. He explained that the chief elected and appointed officials will represent Roanoke County and two business representatives can be appointed by the Board. There was discussion on whether this organization would duplicate efforts by other organizations the County belongs to such as VML, VACo, and Chambers of Commerce. Supervisor Eddy moved to appropriate funds for membership in the Urban Partnership. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: Supervisors Johnson, Nickens ~ Request to debar Wayne Enqineerinq Corporation from consideration for award of future contracts. (Paul Mahoney. County Attornev) Supervisor Johnson moved to continue this item until ...4 ,..- 426 June 13, 1995 þ June 27, 1995. vote: The motion carried by the following recorded AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None h Request for ADDroval of 1996 Leqislative Proqram for Virqinia Association of Counties. (Paul Mahonev. County Attorney) Mr. Mahoney advised that each year VACo requests proposals for consideration in its 1996 legislation program. This is a separate request from the specific legislation requests put forth by Roanoke County. He asked for comments and suggestions from the Board and explained that he would bring back a resolution incorporating these suggestions to the June 27 meeting. II Supervisor Eddy requested that the following items be included in the Legislative Program: (1) increase in Board Chairman's salary; and (2) inclusion of local effort including capital in determining state education funding. h Request to reconsider the Detition of virqinia Towers. IncorDorated for a SDecial Use P~rmit to locate a tower on Read Mountain. (H. Odell Minnix. Chairman) I A-61395-6 l ~ II I ~ June 13, 1995 427 Supervisor Minnix moved to reconsider the petition on July 25, 1995 after an advertised public hearing. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson Supervisor Kohinke requested a policy on ridgeline protection. IN RE: REQUESTS FOR WORK SESSIONS ~ Request for Work Session on July 11. 1995 to discuss the Land Use Proqram. A work session on the Land Use Program was set for July 11, 1995, following the afternoon session. Mr. Hodge reported that there will be a public hearing on the Route 221 improvements at 7:00 p.m. on July 11, 1995 and that the joint meeting with Roanoke City Council will be held at 12 Noon on July 11, 1995. IN RE: FIRST READING OF ORDINANCES ~ Ordinance authorizinq the execution of a lease of real estate for office space for the Roanoke County Department of Social Services. (John Chambliss. Assistant Administrator) Mr. Chambliss presented the staff report and recommended negotiating another lease to provide renovated space ~ ,..- 428 June 13, 1995 at the Salem Bank and Trust Building. After discussion, the Board requested that the staff attempt to renegotiate with the owners for a shorter lease and to look once again at other options to house the Department of Social Services. No citizens were present to speak on this ordinance. Supervisor Johnson moved to approve the first reading of the ordinances and set the second reading for July 25, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None L.. ordinance appropriatinq the funds for the 1995-96 Fiscal. Year Budqet for Roanoke county. (Brent Robertson. Budqet Manaqer) Mr. Robertson reported that this ordinance appropriates the funds for the 1995/96 budget. The total County budget is $203,550,031 with a budget net of transfers of $147,564,233. Mr. Robertson advised that included with the budget appropriation is the classification plan for fiscal year 1995/96. He requested that the Board approve first reading of the ordinance and (' approval of the employee classification plan. Supervisor Johnson moved to approve the first reading of the ordinance and approve the classification plan, with the second reading set for June 27, 1995. The motion carried by the l þ I I ~ II I ~ June 13, 1995 E9 following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ~ Ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 14.1-46.01:1 of the Code of Virqinia. This ordinance Supervisors for 1995/96. Supervisor Kohinke moved to approve the first reading with 5% salary increase, and set the second reading and public hearing for June 27, 1995. Supervisor Eddy amended the motion to approve 4.8% salary increase. The amended motion was defeated by the following recorded vote: AYES: Supervisors Eddy, Nickens NAYS: Supervisors Johnson, KOhinke, Minnix Supervisor Kohinke I s original motion to approve the first reading with 5% salary increase and set the second reading and public hearing for June 27, 1995, was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisor Nickens, 'Minnix (Elmer Hodqe. County Administrator) sets the salaries for the Board of ~ ,..- 4J!) .Tune 13, 1995 þ ~ Ordinance vacatinq an unimproved dedicated riqht- of-way. referred to as Ocala Drive, recorded in Plat Book 4. Paqe 63. Sun Valley SUbdivision. Hollins Maqisterial District. upon the Petition of Glenn J. and Mary Ann Hammerand and Robert A. and Frances E. Vessey. (Arnold Covey. Director of Enqineering & Inspections) Mr. Covey reported that the petitioners are requesting vacation of the right-of-way to use this portion of the road for improvements to their property. There was no discussion and no citizens were present to speak on this ordinance. II Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for June 27, 9195. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance amendinq section 17-14 of the Roanoke County Code. Procurement Code, to provide for certain restrictions on contract modifications. (Paul Mahonev. County Attorney) 0-61395-7 This conformity with ordinance would state Law, and bring provides the County Code in that no fixed-price I l ~ ~ June '13, 1995 Q) contract may be increased by more than 25% of the amount of the contract or $10,000, whichever is greater without the advance written approval of the governing body. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 61395-7 AMENDING SECTION 17-14 "MODIFICATION OF CONTRACTS" OF THE ROANOKE COUNTY CODE TO PROVIDE FOR CERTAIN RESTRICTIONS ON CONTRACT MODIFICATIONS II BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 17-14. Modification of Contracts, of the Roanoke County Code is hereby amended as follows: A public contract may include provisions for . modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five (25%) percent of the amount of the contract or ten thousand dollars ($10,000.00), which ever is omùllcr qreater, without the advanced written approval of the Board of Supervisors. In no event may the amount of anv contract. wi thout adequate consideration. be increased for any Durpose. includinq. but not limited to. relief of an offeror from the consequences of an· error in its bid or offer. 2. The provisions of this ordinance shall take effect II on and from the date of its adoption. ...4 ,..- 4J-2 June 13, 1995 þ On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2. Ordinance to rezone 5.93 acres of land from EP to AG-3. located at 2393 Hammond Drive. vinton Maqisterial District. upon the petition of the Virqinia Recreational Facilities Authority. (Terry- Harrinqton. Director of Planninq & zoninq) (CONTINUED FROM MARCH 28, 1995 AND MAY 23. 1995) II Chairman Minnix announced that this item was being withdrawn at the request of the petitioner. ~ Ordinance declarinq a parcel of real estate (Ardmore) to be surplus and acceptinq an offer for the sale of same. (Paul M. Mahoney. county Attorney) 0-61395-8 Mr. Mahoney explained that the first reading of this ordinance was held on May 9. It was continued to May 23 and then to June 13. Staff has received an offer on the Ardmore real estate from Vision Builders in the sum of $14,650. I l ~ II I ~ June 13, 1995 ~ Supervisor Eddy moved to accept the offer of Vision Builders at $14,650, and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson ORDINANCE 61395-8 DECLARING A PARCEL OF REAL ESTATE (ARDMORE) TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME BE IT ORDAIHED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property, having been made available for other public uses before permitting disposition by sale, is hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on May 9, 1995; and a second reading was held on May 23, 1995, and continued to June 13, 1995, concerning the dispos~tion of the following parcel of real estate identified as follows: Ardmore Tax Map Parcel No. 28.09-2-40 ~ ,..- 4J4 June 13, 1995 þ 4. That an offer for said property having been received, the offer of Vision Builders, to purchase this property for the sum of $14,650 Dollars is hereby accepted/rejeoted. 5. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the capital iDprovements fund. 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County II Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to accept the offer of Vision Builders at $14,650 and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson IN RE: APPOINTMENTS ~ Fifth Planninq~District Commission I Supervisor Eddy requested that this appointment be discussed in Executive Session. ~ ~ I I ~ Juneo134 1995 ~5 ~ Hiqhway and Transportation Safety Commission Chairman Minnix announced that Chief Cease will make a recommendation for the police appointment. IN RE: CONSENT AGENDA R-61395-9. R-61395-9.e. R-61395-9.f Supervisor Johnson moved to adopt the resolution with Item 9 removed for discussion, and Item 2, appointment to the Fifth Planning District Commission deleted. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Eddy moved to approve item 9. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 61395-9 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 June 13, 19945, designated as Item J- Consent Agenda be, and hereby is, approved and concurred in as to j ,..- 43b June 13, 1995 þ each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Approval of Minutes - May 11, 1995 2. Confirmation of Committee appointments to the Clean Valley Council, Fifth rlanning Di3trict Commi33ion, Parks & Recreation Advisory Committee, and Roanoke Valley Regional Cable TV Committee. 3. Donation of a 20-foot drainage easement on property of John W. Oberlin, Jr., et als, in connection with the Manassas Drive Bond Project. 4. Acceptance of· a grant from the Commonwealth of Virginia Office of Emergency Medical Services to assist in purchasing an ambulance. 5. Write-off of utility bad debts. 6. Request for acceptance of 0.13 miles of campbell Drive into the Virginia Department of Transportation Secondary System. I 7. Request for adoption of resolution to abandon a portion of Secondary Route 1153, Elmwood Lane. 8. Request from the School Board for appropriation of $2,500 Virginia Department of Education grant to the School Grant Fund. 9. Donation of a sanitary sewer easement and a public access easement from Cresthill Drive to Garst Mill Park by James o. Roberson. 10. Authorization to declare Bell Atlantic sole source to provide a complete E911 emergency communications service. 11. Request from the School Board for appropriation of $12,496 V-Quest Grant to School Grant Fund. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said II ~ ~ ~ June 13, 1995 4a7 items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with Item 9 removed for discussion and Item 2, Appointment of Fifth Planning District Commission, deleted, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Eddy to approve Item 9, and carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 61395-9.e REQUESTING ACCEPTANCE OF 0.13 MILES OF CAMPBELL DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY STATE SYSTEM. WHEREAS, the streets described on the attached Additions Form SR-5(a) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and I NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's SUbdivision Street Requirements. and -.-- - - ..--------" - ------ ~ ,.. 438 June 13, 1995 þ BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix Nays: None RESOLUTION 61395-9.f REQUESTING ABANDONMENT OF A PORTION OF SECONDARY ROUTE 1153 (ELMWOOD LANE) WHEREAS, a public notice was posted as prescribed under Section 33.1-151, Code of Virginia, announcing a public hearing II to receive comments concerning abandoning the section of road described below from the secondary system of state highways, and WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board's intent to abandon the subject section of road, and WHEREAS. after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 1153 from .05 miles southeast of Route 11 (West Main Street) to .06 miles southeast of Route 11, a distance of .01 miles, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of road and removes it from the secondary system of state highways, pursuant to section 33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded vote Moved By: Seconded By: Supervisor Johnson None Required I n_ ___._._______________ __ l ~ ~ June ·13. 1995 4à9 Yeas: Nays: Supervisors Johnson, Kohinke, Eddv, Nickens, Minnix None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor KOhinke: (1) He announced that the Audit Commi ttee had met prior to this meeting. (2) He advised that the Story Telling Festival at Green Hill Park went very well, and that he recommended continuation of program. Supervisor Eddy: (1 ) He attended a field trip to Durham, Raleigh, on Greemlays and announced that the Fifth Planning District II advised that Governor Allen had declared July 3rd as a day off for Commission had issued Requests for Proposals for design. ( 2 ) He state employees and County employees will do the same. (3) He acknowledged a memorandum from Fire and Rescue Chief Tommy Fuqua who advised that the County has only received three complaints on response times since 1~90. (4) He asked if the Board Chairman had met with Mr. Hodge to discuss the state early retirement option for County Administrators. It was the consensus of the Board to bring the issue to the Board on June 27, 1995. (5) He asked Mr. Hodge what action could be taken regarding the groundhog problem in his district. Mr. Hodge advised that groundhogs are not an animal control responsibility but staff is working on the problem. (6) He received a draft of the policy manual, and has provided Mr. Hodge with his comments. He asked I for an update on the next step. Mr. Hodge advised that staff will eliminate the policies that are no longer valid or redundant and will ~ ,..- 440 June 13, 1995 þ bring it back to Board for adoption in several months. (7) He asked about the County's efforts to obtain a 100 foot radius around the Brookwood well lot. Mr. Mahoney advised that staff has attempted to negotiate with no success and will probably bring condemnation proceedings to the next meeting. (8 ) He asked whether there would be any impact to the County from the proposed Gaston Lake pipeline. Mr. Hodge advised that there lS no impact to Roanoke County but it may impact other adjacent localities. (9 ) He asked about the special assessment of golf courses and requested that this be included in the land use work session~ He asked whether there was I solution to the complaint from George pierce regarding the cost of hi Supervisor JOhnson: (1) sewer lines. Mr. Hodge advised that Gary Robertson had responded and advised that the ordinance would have to be changed if the Board wished to reduce the cost to Mr. Pierce. This request will be brought to the Board on June 27, 1995 if the Board wishes to amend the ordinance. (2) He asked staff to _ bring forward a report on the possibility of an internal auditor which would include information on hiring a staff person versus contract with outside auditor, function, cost etc. Mr. Hodge will bring this back at the July 11, 1995 meeting. Supervisor Minnix: He expressed appreciation to the staff and volunteers for their help during the tax payment period. (2) He announced that there will be ribbon cutting ceremonies shortly I Hanover Director and the state Forensics Lab. (3) He asked staff l ~ II I ~ .Tune 13, 1995 ~ let the citizens know that the County offices will be closed on July 3rd. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General Fund Unappropriated Balance ~ Capital Fund Unappropriated Balance ~ Board Continqency Fund ~ Proclamation siqned by the Chairman h Additions to Virqinia Department of Transportation Secondary System - May 1995. IN RE: RECESS At 6:00 p.m., Chairman Minnix declared a recess. IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) At 6:10 p.m., Chairman Minnix reconvened the meeting in work session. ~ Joint Work Session with School Administration on possible need to use Starkey Park for new Cave spring Hiqh School. School Superintendent Deanna Gordon and School Director of Facilities and Operations Homer Duff joined the Board of Supervisors ~ ,..- 442 June 13, 1995 þ for the work session to respond to the Cave Spring National Little League's plan to invest in a concession stand at Starkey Park, and their concern that the park land will then be needed to build the new high school. Dr. Gordon advised that the School staff is paying for a feasibility study to determine if and how the park land could be used. She ,advised that they now have 35 acres for the new school and will need between 40 and 60 acres. Their goal is to keep the park intact and work around it. Following discussion, it was the consensus of the Board that Cave Spring National Little League should build the concession stand in Starkey Park and that they would be "held harmless" in the future Starkey Park should be used for the new high school. il ~ Ca~ital Fund Raisinq Cam~aiqn for Camp Roanoke. Pete Haislip, Director of Parks & Recreation, updated the Board on the renovations at Camp Roanoke. He provided a slide presentation on wha.t had been done to the camp and the future plans. He advised that they were forming a committee to develop fund raising strategies to complete renovations and asked the Board asked for recommendations for appointment to the Fund Raising Committee. h Fire & Rescue Department Ad Hoc Committee Recommendations. Roll Fire and Rescue Chief Tommy Fuqua advised that the Ad Committee had reviewed the various reports and recommendations and l ~ II I ~ June' 13, 1995 ~ developed final recommendations which have been forwarded to the Board. Chief Fuqua reported that he. was planning to set up a strategic planning session with both career and volunteer firefighters to look at how to implem~nt both the short term and long term recommendations of the Ad Hoc Committee. Supervisor Johnson reminded the Board that the $246,000 from airport funding will be allocated to fire and rescue vehicles in 1996. Supervisor Nickens asked for job descriptions for Firefighter I and II for Roanoke City, Roanoke County and City of Salem. He also asked for a job description for the volunteer coordinator. IN RE: EXECUTIVE SESSION At 8:05 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (1) to consider a personnel matter, evaluation of County Administrator and County Attorney and appointment to Fifth Planning District Commission; 2.1-344 A (7) legal matter, Roanoke County vs. Merriman Sears, and 2.1- 344 A (3), disposition of County's interest in publicly held real estate on the Surplus Property List. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None Supervisor Kohinke left the Executive Session at 8:30 p.m. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-61395-10 ~ "..- 444 .Tune 13, 1995 þ At 10.45 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 Johnson, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Kohinke RESOLUTION 61395-10 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 Thll 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 :1 the motion convening the executive meeting were heard, discussed considered by the Board of Supervisors of Roanoke County, Virginia. l ~ II I ""l1lI June 13~ 1995 44L On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Kohinke IN RE: SALARIES OF COUNTY ATTORNEY AND COUNTY ADMINISTRATOR Supervisor Johnson moved to increase the salaries for the County Attorney and County Administrator by 4.8% of the midpoint of their rang e, and that the County Attorney receive $3,000 in a deferred compensation package. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Kohinke IN RE: ADJOURNMENT At 10:50 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Kohinke absent. Submitted by, Approved by, ~~~ Mary H. Allen, CMC Clerk to the Board ~ ,...- 446 June 13, 1995 þ THIS PAGE LEFT INTENTIONALLY BLANK II I ~