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HomeMy WebLinkAbout8/23/1994 - Regular ~ ~ August 23, 1994 563 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 23, 1994 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the first regularly scheduled meeting of the month I of August, 1994. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:06 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens 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 I The invocation was given by the Reverend Philip Motley, Grandin Road Baptist Church. The Pledge of Allegiance was ..... II"'" 5'-4 August 23, 1994 recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy advised that the resolution of support for the TaeKwondo National Tournament would be placed on the Consent Agenda as Item 13. Mr. Hodge added an Executive Session item, Discussion of acquisition of real estate for the Department of Social Services; and an ordinance authorizing lease of additional space for use by Department of Social Services. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of ADDreciation UDon the Retirement of Leonard J. Wade. R-82394-1 Chairman Eddy presented Mr. Wade with the resolution and a $100 Savings Bond. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-1 OF APPRECIATION UPON THE RETIREMENT OF LEONARD J. WADE, ROANOKE COUNTY POLICE DEPARTMENT WHEREAS, Leonard J. Wade was first employed February of 1974 as a Deputy Sheriff; and has also served as a ~ þ I in I ~ I I :;, ',1: '- ~ i;:~< '..'. ,'J'. ~:.. August 23, 1994 565 Police Officer-Lieutenant; and WHEREAS, Leonard J. Wade, while employed with the County, served with distinction on the Roanoke County Transportation and Safety Commission; and WHEREAS, Leonard J. Wade was for several years the commanding officer of the Auxiliary Law Enforcement unit under both the Sheriff's Department and the Police Department; and WHEREAS, Leonard J. Wade, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, hereby expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LEONARD J. WADE for over twenty years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, BE IT RESOLVED, that the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Presentation from Virqinia Amateur SDorts to Roanoke County. Executive Director Peter Lampman presented t-shirts and ~ II"'" 566 August 23, 1994 a plaque to the Board Members and thanked them for their support of the 1994 Commonwealth Games. He also reported on the success of the events. IN RE: NEW BUSINESS ~ Reauest for ADDroval of a SurÞlus ProÞertv Policy. (John Willey. ProÞertv Manaqer) A-82394-2 Mr. Willey advised that several months ago the Board directed staff to review the current policy for disposing of surplus real estate and examine possible alternatives. He offered three alternatives: (1) disposition by public auction which was tried in 1983 with less than satisfactory results; (2) utilization of private sector realtors using either a single company or an open listing available to all real estate firms, both of which would require fees and commissions; and (3) in- house representation which would save fees and allow the County to control the number of properties exposed to the market at a given time. Mr. Willey recommended continuation of in-house representation and presented proposed procedures. He advised that there is an estimated 200 well lots that will be available after the reservoir and transmission lines are complete. Following discussion, supervisor Nickens moved to approve alternative #3. The motion carried by the following recorded vote: ~ þ I I ~ .1 ';:. .,.." -., ',~',ç ~_~ .{._.J. ~ August 23, 1994 567 I I AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None Mr. Willey was directed to bring back an official policy for adoption at the September 13, 1994 meeting. ~ Recommendation on Chanqes to the utility. Billinq Procedures. (Paul Grice. Assistant Finance Director) A-82394-3 Mr. Grice advised that a team has been reviewing the current procedures, and made several recommendations for changes to the utility Billing ordinance. They are: (1) an initial fee of $25.00 when service is started for residential and commercial accounts; (2) no deposit would be charged when residential service is started, however, a deposit would be charged to restore service after being disconnected for non-payment and' a second deposit would be charged to restore service the second time a customer is disconnected. The deposits would be the amount of the customer's most recent quarterly bill; (3) customers who have service disconnected will be required to pay a fee of $20.00 to cover the cost for disconnecting service and a reconnection fee of $20.00 to cover the cost to reconnect. The team did not recommend refunding currently held deposits. Supervisor Nickens moved to recommendation but withdrew his motion approve to allow the staff time for ~ II"'" 568 August 23, 1994 discussion. Mr. Grice advised that the recommendations will be incorporated into the ordinance and brought back for first and second reading. Following discussion, Supervisor Nickens moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Minnix, Nickens, Eddy Supervisor Johnson, Kohinke h Reauest for Extension of Water Line to Serve Hanover Direct. (TimothY DeveloDment Director) Gubala. Economic A-82394-4 This item would authorize an additional $30,000 from the Ec~nomic Development Fund to extend utility lines to Hanover Direct, an increase from $230,000 to $260,000. Hanover's investment will also be increased from $12,000,000 to $13,500,000. There was no discussion. Supervisor Johnson moved to approve funding of $30,000 from the Economic Development Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: .None ABSTAIN: Supervisor Eddy h Reauest for Additional Funds for Bushdale Road. (Arnold Covey. Director of Enqineerinq , l þ I I ~ . ',f ~ August 23, 1994 569 A-82394-S InsDections) - Mr. Covey reported that additional funding of $10,000 is needed to complete the Bushdale Road proj ect. These funds will pay for additional electrical poles ($6,000) and relocation of a well that is located too close to the roadway ($3,200) Supervisor Nickens moved to approve $10,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: NAYS: I Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None IN RE: REQUESTS FOR WORK SESSIONS ~ Reauest for Work Session on SeDtember 13. 1994 on the Roanoke River corridor Overlay District and Advisory Board. Supervisor Nickens moved to set the work session for September 13, 1994. The motion carried by the following recorded vote: AYES: NAYS: I property meeting. Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None Mr. Harrington was directed to notify the affected owners who attended the Planning Commission public ~ ,... 57~ IN RE: August 23, 1994 REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings of the following ordinances and set the public hearings for September 27, 1994, after discussion of Items 2, 3, and 5. The motion carried by the following recorded vote: AYES: NAYS: ~ Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None ~ Ordinance to rezone .409 acre from AV Conditional to C-2 to Allow Retail Uses. Located at 5449 Franklin Road. Cave sDrinq Maqisterial District. UDon the Petition of Kinqery Bros. Associates. ~ Ordinance to Rezone ADDroximatelY Ten Acres from R-3 Conditional to C-1 to Construct an Office ComDlex. Located' at the Intersection of AirÞort Road and Dent Road. Hollins Maqisterial District. UDon the Petition of FriendshiÞ Manor ADartment Villaqe corDoration. h An Ordinance Authorizinq a SÞecial Use Permit to Construct and ODerate an Electric Substation. Located on Kirk Lane. off Cotton Hill Road. Cave SDrinq Maqisterial District. UDon the Petition of ADDalachian Power COmDany. h Ordinance Authorizinq a SDecial Use Permit to Construct a Buildinq for Reliqious Assembly Includinq Classrooms. Office and Recreational Facilities. Located on Northridqe Lane. ADDroximatelY 700 Feet Northwest of Peters Creek Road. Catawba Maqisterial District. UÞon the Petition of North Valley Seventh-Day Adventist Church. h ordinance Amendinq the Text of the Roanoke County zoninq ordinance to Include a Planned Commercial DeveloDment District and a Planned Industrial DeveloDment District. þ I I "':'k ~ ~ August 23;.1994 571 IN RE: I FIRST READING OF ORDINANCES ~ Ordinance Authorizinq the Donation of an Undivided Interest in a Portion of the Roanoke Reqional Landfill to the united States of American for National Park Service Blue Ridqe Parkway SÞur to Virqinia's EXÞlore Park. (Joyce Wauqh. Economic DeveloÞment SDecialist) Richard Burrows, Explore Park, presented the request, advising that the proposed ordinance would authorize the execution of a deed donating an easement of the unfilled portion of the old landfill for construction of a parkway spur, with the remainder of the landfill dedicated for park, recreation and open space purposes under a memorandum of understanding with the landfill owners and National Park Service. The Ordinance further states that Roanoke City, Roanoke County and the Town of Vinton are responsible for any hazardous substances that may be present on the land. Supervisor Eddy advised that he felt that the ordinance was not descriptive enough and needed to be more detailed. Supervisor Nickens moved to approve the first reading and set the second reading for September 13, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I Supervisor Eddy will meet with Mr. Mahoney to refine ..... II"'" 572 August 23, 1994 the ordinance. ~ Ordinance Authorizinq Conveyance of an Easement to ADDalachian Power ComÞany for Electric Service Extendinq Across a Portion of a Well Lot in LaBellevue. (JoseDh obenshain. Sr. Assistant County Attorney) There was no discussion and no citizens present to speak. Supervisor Johnson moved to approve the first reading and set the second reading for September 13, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h Ordinance authorizinq the Acauisition of a Permanent Drainaqe Easement from the heirs of Bernard I. Payne for the Pinkard Court Road and Drainaqe ImÞrovement Pro;ect. (JoseÞh Obenshain. Sr. Assistant County Attorney) There was no discussion and no ci tizens present to speak on this ordinance. Supervisor Nickens moved to approve the first reading and set the second reading for September 13, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None L.. Ordinance Authorizinq the Acauisition of a ~ ~ þ I I 7:";" ,'!,..~; ..".,.-.' 1:. " ~ ~ August 23, 1994 573 Permanent Access and Environmental Clean-uÞ Easement from ADDalachian Power COmDany In Connection with the Dixie Caverns Landfill site. (JoseDh Obenshain. sr~ Assistant County Attorney) There was no discussion and no citizens present to speak on this ordinance. Supervisor Minnix moved to approve the first reading and set the second reading for September 13, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I h Ordinance and Resolution In Connection with ImDrovements to Kenworth Road and ValleyÞointe Parkway. (JOseDh Obenshain. Sr. Assistant County Attorney) ~ Ordinance Authorizinq Donation of 0.518 Acre of Land to the Commonwealth of Virqinia in Connection wi th ImDrovements to and AcceDtance of Kenworth Road and ValleVÞointe Parkway into the VDOT secondary System. There was no discussion and no citizens present to speak on this ordinance. Supervisor Johnson moved to approve the first reading and set the second reading for September 13, 1994. The motion I ~ II"'" 574 August 23, 1994 carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Resolution Requestinq VDOT to add Link A - 0.12 Mile of Kenworth Road to the Secondary System and to Abandon Link B - 0.10 mile of Kenworth Road. R-82394-6 Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-6 REQUESTING VDOT TO ADD LINK A - 0.12 MILE OF KENWORTH ROAD TO THE VDOT SECONDARY SYSTEM AND TO ABANDON LINK B - 0.10 MILE OF KENWORTH ROAD WHEREAS, the County of Roanoke, Virginia, has constructed and the Virginia Department of Transportation has approved, Kenworth Road on a new alignment under Project 1947- 080-242,C501, and WHEREAS, the project sketch, attached and incorporated herein as a part of this resolution, defines adjustments required in the secondary system of state highways as a result of that construction, and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch to be abandoned, which portions no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of supervisors of Roanoke County, Virginia, requests the virginia Department of Transportation to add Link A - 0.12 mile to the secondary system of state highways, pursuant to §33.1-229 of the Code of Virginia, for which section the Board of Supervisors of Roanoke County hereby guarantees the right of way to be clear and ~ þ I I ~ ~ August 23, 1994 575 unrestricted, including any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby abandons Link B - 0.10 mile from the secondary system of state highways, pursuant to §33.1- 155 of the Code of Virginia, and BE IT FURTHER RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, requests that Link A be accordingly renumbered as part of the secondary system of state highways, and BE IT FINALLY 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. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: I AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: APPOINTMENTS ~ Community Corrections Resources Board Ms. Allen was directed to contact Jim Phipps at the Community Corrections Resource Board for a possible nominee. ~ Grievance Panel Supervisor Nickens advised that he would contact vincent Reynolds to determine if he would like to serve another term. ~ Industrial DeveloDment Authority Supervisor Eddy nominated Ronald Martin to serve I another four-year term which will expire September 26, 1998. Supervisor Johnson nominated J. Carson Quarles to serve .... JI"" 576 August 23, 1994 another four-year term which will expire September 26, 1998. IN RE: CONSENT AGENDA Supervisor Johnson moved to adopt the Consent Agenda with Item 13 added. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 August 23, 1994, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 12, inclusive, as follows: 1. Approval of July 12 and July 26, 1994 Minutes 2. Confirmation of Committee Appointments to the Social Services Advisory Board and the Highway and Transportation Safety Commission. 3. Acceptance of Water Facilities Serving Barrens Road. 4. Acceptance of Sani tary Sewer Facili ties Serving Advanced Auto/Perimeter East. Approval{)fa· Raffle Permit and One-Time Bingo Game from the Penn Forest Elementary School P.T.A. 5. ~ þ I I ~ I I - .¡,. ~ August 23, 1994 577 6. Resolution of Support for Construction of a National D-Day Memorial in the Roanoke Valley. 7. Request for Acceptance of Mallard Lane Estates into the Virginia Department of Transportation Secondary System. 8. Resolution Extending Time for Cable Rate Filings by Boothe d/b/a Salem Cable TV. of Basic Company Review American 9. Resolution for Extension of Time for Review of Basic Cable Rate Filings by Cox Cable Roanoke, Inc. 10. Acceptance of Sanitary Sewer Facilities Serving Webber Subdivision. 11. Request from the School Board for Appropriation to the School Grant Fund for the Tech Prep Consortium. 12. Approval of Raffle Permit from the Cave Spring Elementary School P.T.A. 13. Resolution Recognizing the TaeKwonDo America National Tournament to be Held in Roanoke County on September 24, 1994. 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 resolution with Item 13 added, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-7.e OF SUPPORT FOR THE CONSTRUCTION OF A NATIONAL D-DAY MEMORIAL TO BE LOCATED IN THE ROANOKE VALLEY ~ II"'" 578 August 23, 1994 WHEREAS, the 50th anniversary of the June 6, 1944 Normandy Invasion known as D-Day was recently recognized in the united states and throughout Europe, and WHEREAS, the Roanoke Valley holds the distinction of having had a major contingent involved in the D-Day invasion, and WHEREAS, there is a need to honor in an appropriate manner the brave men and women from the allied nations who participated in the invasion, and WHEREAS, a memorial honoring the events, people and allied nations' related to Omaha Beach and the 116th Infantry would be an attraction in the Roanoke Valley and contribute to the overall economy, and WHEREAS, potential sites throughout the Roanoke Valley for the D-Day Memorial were studied and reviewed in 1990, and WHEREAS, a highly visible site has been identified that would provide access for public viewing of the memorial. THEREFORE, BE IT RESOLVED THAT THE ROANOKE COUNTY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, supports the siting of a National D-Day Memorial, and encourages the- completion of this important project. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ þ I I ~ ~ August 23, 1994 579 RESOLUTION 82394-7. f REQUESTING ACCEPTANCE OF MALLARD LANE ESTATES INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD 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 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 I 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: Seconded By: Yeas: Bob L. Johnson Not Required Supervisors Johnson. Eddv None Kohinke. Minnix. Nickens. Nays: RESOLUTION 82394-7.q REQUESTING EXTENSION OF TIME FOR REVIEW OF BASIC CABLE RATE FILINGS BY BOOTHE AMERICAN COMPANY D/B/A SALEM CABLE TV WHEREAS, the County of Roanoke's "Certification of I Franchising Authority to Regulate Basic Cable Service Rates . . .," F.C.C. Form 328, was filed with the Federal Communication ~ II"'" 58Ø A ul!ust 23, 1 994 commission on October 12, 1993, and on October 26, 1993, this Board adopted Ordinance 102693-4 establishing "Procedures and standards for the Regulation of Cable Television Rates . " . . , and WHEREAS, by certified letter dated November 1, 1993, received on November 2, 1993, Boothe American Co. d/b/a Salem Cable TV was formally notified of the receipt by the F.C.C. of the County's Form 328 and the Board's adoption of the aforesaid Ordinance; and WHEREAS, on July 20, 1994, the County of Roanoke þ received completed F.C.C. Forms 1200, 1205 and 1220 from Boothe American company d/b/a Salem Cable TV as required for regulation II and approval of basic cable service rates which Forms will be forwarded to the offices of Moss & Barnett, of Minneapolis, Minnesota, for their audit, review and report to this Board on the reasonableness of Salem Cable TV's rate request; and WHEREAS, on August 8, 1994, the City Council of the City of Salem, Virginia adopted an ordinance governing the procedures and standards for the regulation of cable television rates pursuant to the rules of the Federal Communications commission and the Cable Television Consumer Protection and Competition Act of 1992 and has previously submit~ed an F.C.C. Form 328 in order to be certified to regulate basic cable service rates within its jurisdiction, and WHEREAS, the F.C.C.'s "Report and Order on Rate l II ~ ~ August 23, 1994 58J Regulation" authorizes a franchising authority to extend for up to 90 days, or 150 days in the case of a "cost of service" rate justification filing, the effective date of " proposed basic cable service rates to permit the authority to make a final determination on the information submitted by the cable operator. To toll the effective date of the proposed rates, the franchising authority must issue a brief order or resolution explaining that it needs additional time to review the proposed rates; and WHEREAS, notice must be provided to the cable operator within 30 days of receipt of their Forms 1200 and 1220 of this 90 day and 150 day extension and the County Attorney's Office mailed I to Boothe American Company d/b/a as Salem Cable TV on August-17, 1994, by certified mail, return receipt requested, such a letter of notification. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, as follows: 1. That the initial 30 day period for the review of the proposed basic cable service rates of Boothe American Company d/b/a Salem Cable TV as set forth in the F.C.C. Forms 1200 and 1205 received by the County of Roanoke on July 20, 1994, is hereby extended for 90 addi tional days in order to obtain and review additional information from Boothe American Company as to the justification for its rate request. This action is being taken to ensure that the proposed rate is within the reasonableness standard established by the Federal Communications commission in its "Report and Order on Rate Regulation." I 2. That the initial 30 day period for the review of the proposed basic cable service rates of Boothe American Company d/b/a Salem Cable TV as set forth in the F.C.C. Form 1220 received by the County of Roanoke on July 20, 1994, is hereby extended for 150 additional ~ II"'" 582 August 23, 1994 þ days in order to obtain and review addi tional information from Boothe American Company as to the justification for its rate request. This action is being taken to ensure that the proposed rate is within the reasonableness standard established by the Federal Communications commission in its "Report and Order on Rate Regulation." 3. That the letter of notice mailed to Boothe American Company from the Office of the County Attorney on August 17, 1994, is hereby ratified and affirmed by this Board as authorized by this Board of Supervisors, as the franchising authority for cable operators in Roanoke County, as tolling the effective date for the basic cable service rates submitted on July 20, 1994" for an additional 90 and 150 days, respectively. If no action be taken by this Board within this additional time period, the proposed rates will go into effect, subject to subsequent refund orders. This resolution shall be effective from the date of its On motion of Supervisor Johnson~ to adopt the I adoption. resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-7.h REQUESTING EXTENSION OF TIME FOR REVIEW OF BASIC CABLE RATE FILINGS BY COX CABLE ROANOKE, INC. WHEREAS, the County of Roanoke's "certification of Franchising Authority to Regulate Basic Cable Service Rates . .," F.C.C. Form 328, was filed with the Federal Communication Commission on October 12, 1993, and on October 26, 1993, this Board adopted ordinance 102693-4 establishing "Procedures and I Standards for the Regulation of Cable Television Rates . tI. . , l ~ ~ ~ ¡ . August 23; 1994 583 and I I WHEREAS, by certified letter dated November 1, 1993, received- on November 2, 1993, Cox Cable Roanoke, Inc. was formally notified of the receipt by the F.C.C. of the County's Form 328 and the Board's adoption of the aforesaid Ordinance; and WHEREAS, on August 12, 1994, the County of Roanoke received completed F.C.C. Forms 1200, "Setting Maximum Initial Permitted Rates for Regulated Cable Services", 1205 "Equipment Form" and 1215 "A La Carte Channel Offerings" from Cox Cable Roanoke, Inc. as required for regulation and approval of basic cable service rates. These forms will be forwarded to the offices of Moss & Barnett, of Minneapolis, Minnesota, for their audit, review and report to this Board on the reasonableness of Cox Cable Roanoke, Inc.'s rate request; and WHEREAS, the F.C.C.'s "Report and Order on Rate Regulation" authorizes a franchising authority to extend for up to 90 days the effective date of proposed basic cable service rates to permit the authority to make a final determination on the information submitted by the cable operator. To toll the effective date of the proposed rates, the franchising authority must issue a brief order or resolution explaining that it needs additional time to review the proposed rates; and WHEREAS, notice must be provided to the cable operator within 30 days of receipt of their Form 1200 of this 90 day extension. ~ II"'" 584 August 23, 1994 þ BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, as follows: 1. That the initial 30 day period for the review of the proposed basic cable service rates of Cox Cable Roanoke, Inc., as set forth in the F.C.C. Forms 1200, 1205 and 1215 received by the County of Roanoke on August 12, 1994, is hereby extended for 90 additional days in order to adequately review these rates with the assistance of outside legal counsel and, if necessary, to obtain additional information from Cox Cable Roanoke, Inc. as to the justification for its rate request. This action is being taken to ensure that the proposed rate is wi thin the reasonableness standard established by the Federal Communications commission in its "Report and Order on Rate Regulation." I 2. That the County Attorney is authorized, on behalf of this Board of Supervisors as the franchising authority for cable operators in the County of Roanoke, to give notice by letter to Cox Cable Roanoke, Inc. I that the effective date for approval of the basic cable service rates to become effective July 14, 1994 is extended for an additional 90 days. If no action be taken by this Board within this additional time period, the proposed rates will go into effect, subject to subsequent refund orders. 3. This resolution shall be effective from the date of its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens:. (1) He asked about the study of the viewshed for the Blue Ridge Parkway. Mr. Hodge encouraged I the Board Members to attend a meeting and hear landscape l ~ 'L ~ August 23, 1994 585 I I architect Carlton Abbott who has been hired by the Parkway. (2) He asked about the agenda for the joint meetings with other Roanoke Valley governing boqies. Mr. Hodge responded that some of the meetings will be limi ted to informal discussions and others may include discussion on specific issues. Supervisor Johnson: (1) He suggested that the joint meetings include a "laundry list" for discussion at future meetings with the valley governing bodies. (2) He asked staff to schedule a community meeting with the residents of Chester Drive to include County staff and Virginia Department of Transportation staff to discuss timelines, etc. for road improvements. (3) He asked about Valleypointe. Mr. Hodge responded that this would be discussed in Executive Session. Supervisor Kohinke: (1) He advised that he attended the Local Government Officials Conference (LGOC) on August 14 to, August 16, 1994, and felt that it was very productive and useful. (2) He advised that Supervisor Minnix and he are on the cooperation subcommittee of the New Century Council. Supervisor Eddv: (1) He announced that he felt that the brochure for solid waste was well done. (2) He advised that Supervisor Kohinke will attend the Blacksburg seminar on the new Institute of Government. (3) He asked for a status report on enforcement 'of the new cat ordinance and on the number of cat licenses that have been sold. Mr. Hodge will bring this information to the September 13, 1994 meeting. (4) He asked ~ II"'" 586 AUf!ust 23. 1994 þ about the year-end budget surplus. Mr. Hodge advised that the figures will be available in 30 to 45 days. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Roy Lochner. 6050 Poaqe Valley Road, spoke about crime and burglaries that have not yet been solved. He asked for a monthly status report for fire and police activities. Chairman Eddy asked that Mr. Hodge provide a status report at an upcoming meeting. IN RE: REPORTS Supervisor Johnson moved to receive and file the II following reports after discussion of Item 5. The motion carried by a unanimous voice vote. ~ General Fund UnaDDroDriated Balance ~ CaDital Fund UnaÞDrODriated Balance h Board continqency Fund h Account Paid - July 1994 h Bond Pro;ect Status ReDort ~ Fire and Rescue DeÞartment Reaction/ResÞonse Times - June 1994. July 1994. IN RE: WORK SESSIONS ~ Work Session on Private SSE/R Proqram (Gary Robertson. utility Director) I l ~ ~ August 23, 1994' 587 I I Mr. Robertson reported that in September 1993 the Sewer Ordinance in the County Code was amended to allow for enforcing the elimination of stormwater inflow and infiltration from private property. The code based surcharges for non-compliance on the amount of stormwater that could enter the sanitary sewer system, and it was difficult to place realistic numbers of the flows. The utility staff is recommending that the surcharge be based on a category of defect rather than flow. Category I would include sump pumps discharging to the sewer, holes in floor drains, and downspouts, and would be the most serious. category II would be infiltration into the sewer system such as leaking, and category III would be minor defects which do not adversely effect the sewer system. In response to a question from Supervisor Minnix, Mr. Robertson advised that when a cutoff is shut, they leave a hanger on the door to let citizens know when they close the system, but may have to let them know when it is reopened. It was the consensus of the Board to go forward with the recommended changes to the ordinance. Mr. Robertson will bring the ordinance back for a first reading on September 27, 1994, and second reading on October 11, 1994. IN RE: EXECUTIVE SESSION At 5:25 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- ~ II"'" 588 August 23. 1994 344 A (3) To Consider the Disposition of Real Property, Namely, a Well Lot and property known as Ogden Center; acquisition of real estate for Social Service, and potential litigation, i.e. enforcement of admissions tax. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-82394-8 At 7:05 p.m., Supervisor Johnson returned to open session and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82394-8 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. ~ þ I I ~ ~ August 23, 1994 589 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 executi ve meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. I On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ An Ordinance to Rezone 2.0 Acres from I-2 to C-2 to ODerate a Garden Center Located at 4925 starkey Road. Cave SDrinq Maqisterial District. UDon the Petition of John A. Hall. (Terry Harrinqton. Planninq & Zoninq Director) 0-82394-9 I Mr. Harrington advised that the site had been difficult to market for industrial use due to the small size of the tract. ...4 II"'" 590 August 23, 1994 þ The Planning Commission recommended approval. There was no discussion and no citizens present to speak on this request. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 82304-9 TO CHANGE THE ZONING CLASSIFICATION OF A TRACT OF REAL ESTATE LOCATED AT 4925 STARKEY ROAD (TAX MAP NO. 87.11-3-4) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I- 2 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF JOHN A. HALL WHEREAS, the first reading of this ordinance was held II on July 26, 1994, and the second reading and public hearing were held August 23, 1994; and, WHEREAS, the Roanoke County Planning Commission held a pUblic hearing on this matter on August 2, 1994; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate, as described herein, and located at 4925 Starkey Road, (Tax Map Number 87.11-3-4) in the Cave Spring Magisterial 2, Industrial District, to the zoning classification of C-2, I District, is hereby changed from the zoning classification of I- l ~ ~ August 23, 1994 59-1 General Commercial District. 2. That this action is taken upon the application of John A. Hall. 3. That said real estate is more fully described as follows: I BEGINNING at a point on the westerly side of Virginia Secondary Highway Route No. 904 (formerly Virginia Highway Route No. 419) 205.15 feet in a northwesterly direction from the northwest corner of the intersection of the said Route 904 and Virginia Secondary Highway Route No. 753; thence leaving the westerly side of Route 904 and with the line of the Andrews-Pitzer-Butler Fuel oil Corporation, S. 84 deg. 46' W. 316.84 feet to an iron pin corner; thence continuing with the Andrews-Pitzer-Butler Fuel Oil corporation property, S. 12 deg. 01' W. 75.4 feet to a point on Virginia Secondary Highway Route 753; thence with the same, N. 83 deg. 25' W. 72.7 feet to an iron pin on the east right-of-way line of the Norfolk & Western Railway Company's right-of-way; thence with the same, the following three courses and distances, N. 12 deg. 01' E. 75.0 feet, N. 8 deg. 40' E. 199.0 feet N. 7 deg. 40 E. 166 . 95 feet to a corner; thence N. 84 deg. 46' E. 294.29 feet to a point in the westerly right-of-way line of the said Route 904; thence with the same, the following five courses and distances, S. 1 deg. 00' E. 35.96 feet; S. 13 deg. 41' E. 79.0 feet; N. 84 deg. 46' E. 4.5 feet; S. 15 deg. 02' E. 32.55 feet to a concrete highway monument; S. 16 deg. 49' E. 100.00 feet to the place of beginning, and containing 2.00 acres, more or less. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. I On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: ~ II"'" 592 August 23, 1994 AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None ~ An Ordinance to Amend the Text of the Roanoke county Zoninq Ordinance to Allow ReÞlacement only of Individually sited Sinqle Wide Manufactured (Mobile) Homes Throuqhout Roanoke County with a Newer Sinqle Wide Mobile Home. (Terry Harrinqton. Planninq , Zoninq Director) 0-823940-10 Mr Harrington reported that in 1986 the County adopted new manufactured home regulations which prohibited the installation of single-wide manufactured homes on individual lots. Those that currently exist are considered nonconforming uses and may not be replaced with another single-wide unit. Mr. Harrington advised that the proposed amendment is the result of a request from a property owner who wishes to replace a unit which is experiencing electrical and leakage problems with a newer single-wide unit. Mr. Harrington advised that the Planning commission recommended amending the ordinance to allow replacement of single-wide manufactured units. The Planning Commissio~ was concerned with the timing issue and location of a replacement unit. They recommended that a unit must be replaced within four months and should be placed as close as possible to the existing location. l þ I I ~ ~ August 23, 1994 593 In response to a question, Mr. Harrington advised that mobile home owners could be notified of this change by the Commissioner of the Revenue when personal property taxes are filed. Supervisor Kohinke moved to adopt the ordinance with the changes recommended by Supervisor Eddy. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None Staff was directed to notify the owners of single-wide mobile homes of the changes to the ordinance. I ORDINANCE 82394-10 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE TO ALLOW REPLACEMENT ONLY OF INDIVIDUALLY-SITED SINGLE-WIDE MANUFACTURED HOMES THROUGHOUT ROANOKE COUNTY WITH A NEWER SINGLE-WIDE MOBILE HOME WHEREAS, the first reading of this ordinance was held on July 26, 1994, and the second reading and public hearing were held August 23, 1994; and, WHEREAS, the Roanoke County Planning Commission held a pUblic hearing on this matter on August 2, 1994; and, WHEREAS, legal notice and advertisement has been provided as required by law. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that public necessity, convenience, general welfare, and good zoning practice support this amendment I to the Roanoke County Zoning Ordinance. BE IT ORDAINED by the Board of Supervisors of Roanoke ~ II"'" 594 August 23, 1994 County, Virginia, as follows: 1. That Chapter 30, (Appendix A of the Code) "Zoning Ordinance" of the Roanoke County code is hereby amended and reenacted as follows: SEC. 30-23-2 Nonconforming Uses of Buildings, Structures, or Land. þ (H) Notwithstanding (A) through (G) above, a nonconforming Class B or Class C manufactured home existing on an individual lot of record that has served as an active dwelling for at least six months may be replaced with a Class A or Class B manufactured I home provided: (1) The replacement home is installed on the lot within four months of the removal of the home to be replaced, and; (2) The replacement home is installed in approximately the same location on the lot, and is installed to comply with the district setback regulations for principal structures, and; (3) The installation of the replacement home complies with the Use and Design standards for manufactured homes contained in Section 30-82-9 (L) b., and c.. l I ~ ~ August 23, 1994 595 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARINGS ~ Public Hearinq for citizen Comment on the FY 1995- 99 CaÞital ImDrovements Proqram. (Brent Robertson. BUdqet Manaqer) I I ~ Comments on the County CIP There were no citizens present to speak on this issue. JL. Comments on the School CIP Mr. Hodge thanked School Superintendent Dr. Deanna Gordon and her staff for their work on the School Board CIP. He advised that the Board of Supervisors would need to decide at this meeting whether to go forward with a bond referendum. Dr. Gordon and Marty RObison, Executive Assistant, described how the CIP was developed and advised that the CIP included $50 million in school capital needs. The following citizens spoke in support of a $30 j II"'" 596 August 23, 1994 Million Bond Referendum which would include funding for a new Cave Spring High School and upgrades and capital improvements to other schools. 1. Robert Bostian, 5029 Sugar Loaf Mountain Road, asked what would happen to the current high school if a new one is built. 2. Babette Cribbs, 5045 Burnham Road, President of the Roanoke County Council of PTA's. 3. Glenn E. Prather, 7244 Back Cree Road. 4. Michael D. Morris, 4225 Arlington Hills Drive 5. Terri Langford, 5940 Merriman Road 6. Jim McAden, 5771 Grandin Road Extension 7. Peter Nevin, 1920 Cantle Lane 8. Tom Leggette, 6413 Hidden Valley Drive 9. David Paxton, 5332 Cromwell Park Dr. Gordon responded to Mr. Bostian's question that the current high school would probably become a middle school. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS ~ Robert Bostian, 5029 Suqarloaf Mountain Road, spoke about speeding on Sugarloaf Mountain Road. He had previously complained about the speeding and apologized to staff, stating that he conducted his own radar test and the speeding was not as bad as he thought. He requested that the police continue to drive through this area during the peak traffic periods. l þ I I ~ ~ August 23, 1994 597 ~ Randall Hancock. 3344 Absalom smith Road, expressed concern about (1) construction going on at Whispering pines Park and residents not being informed; (2) problems with traffic, speeding and trash from those using the ballfields at the park; and (3) asked why there was not going to be more playground equipment for children. Chairman Eddy asked that the staff check on the playground equipment. IN RE: RECESS Chairman Eddy declared a five minute recess at 8: 15 I p.m. I N RE: WORK SESSION Chairman Eddy reconvened the meeting at 8:21 p.m. Chairman Thomas of the School Board reconvened their meeting from August 11, 1994. ~ Work session with the School Board on School CaDital ImÞrovement Proqram (CIP). (Dr. Deanna Gordon. School SuÞerintendent) Mr. Hodge reported that staff has prepared various resolutions, a $10.2 million or a $30 million bond referendum which includes a new high school. He advised taxes would have to be increased for either referendum. School Board Chairman Frank Thomas advised that they ..... II"'" 5~ August 23, 1994 þ had prepared three plans: (1) improvements with no bond referendum; (2) a $10.2 million referendum which includes improvements to schools, major renovations, and a Northside gym/auditorium; and (3) ,a $30 million referendum which includes the above improvements plus a new high school. Finance Director Diane Hyatt advised that the Board of Supervisors approved a VPSA fall 1994 bond for $726,375. They have also approved Literary Loans in the amount of $2.5 million for spring 1995 and Fall 1996. Staff will combine the debt schedules for the schools and the County and there will be available funds to cover the debt for these bonds. If the Board approves a $10.2 million bond referendum, it will require a 2 I cent real estate tax increase and funds from the cellular phone tax. In response to questions, the School Board members advised that they were in agreement in their support for a $30 million bond referendum. Following extended discussions, Supervisors Johnson and Kohinke advised that they supported a $30 million bond referendum to included a new Cave Spring High School. Supervisor Eddy, Minnix and Nickens advised that they were not ready at this time to support a $30 million bond referendum. IN RE: NEW BUSINESS ~ Approval of Bond Resolutions Supervisor Johnson moved that the County Attorney I l ~ ~ August 23, 1994 599 I I prepare the necessary resolution to place on the 1994 fall ballot a $30.15 million bond referendum. The motion was defeated the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisor Minnix, Nickens, Eddy Supervisor Johnson moved that the County Attorney prepare the necessary resolution to place on the 1994 fall ballot a $10.2 million bond referendum. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisors Minnix, Nickens, Eddy Supervisor Nickens asked that Mr. Hodge work with Dr. Gordon to determine what might be placed on the spring Literary Loans and Virginia Public School Association (VSPA) loans, and to provide the possible funding sources, including increased personal property taxes. The School Board adopted a resolution for $2.2 million in VPSA loans by unanimous voice vote and also approved an additional $1 million in VPSA loans for technology if VPSA funds can be used for this purpose. R-82394-11 Supervisor Johnson moved to approve fall VPSA loans for $2.2 million and an additional $1 million earmarked for technology if VPSA funds can be used for this purpose. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ r"" 6JlO' August 23. 1994 þ RESOLUTION 82394-11 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO THE SALE OF $3,200,000 SCHOOL BONDS WHEREAS, the Roanoke County School Board has determined that it is advisable to contract a debt and issue general obligation bonds of the County of Roanoke, Virginia ("County") in the amount not to exceed $3,200,000 ("Bonds") to finance certain capital improvements for public school purposes ("Projects") and to sell the bonds to the Virginia Public School Authority ("VPSA"), and WHEREAS, the Board of Supervisors ("Board") of the County has previously determined it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $726,375 to finance certain Projects and to sell the bonds to the VPSA, and I WHEREAS, the Board now desires to increase the amount of the debt and issue general obligation bonds of the County in an amount not to exceed $3,200,000 to finance certain Projects and to sell the bonds to the VPSA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the bonds to the VPSA at the Fall 1994 VPSA bond sale. 2. The Board adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board reasonably expects to reimburse advances made or to be made by the County or the County School Board to pay the costs of acquiring, constructing and equipping the Projects from the, proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the Projects is $3,200,000. I l 3. This resolution shall take effect immediately. ~ ~ August 23, 1994 601 ~ Resolution AdoDtinq the County FY 1995-99 CaDital ImÞrovements Proqram. (Brent Robertson. BUdqet Manaqer) R-82394-12 Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens " Supervisor Eddy NAYS: RESOLUTION 82394-12 ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR FY 1995-99 FOR ROANOKE COUNTY I WHEREAS, the County Administration has developed a capi tal 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 August 23, 1994 to secure the comments of the citizens after publication of notice as required by law. NOW THEREFORE be it resolved by the Board of I Supervisors of Roanoke County, Virginia, as follows: 1. That the County capital improvements program for ~ II"'" 602 August 23, 1994 FY 1995-99 is hereby adopted and approved. 2. That this capital improvements program shall not be considered a portion of the Roanoke County Comprehensive Plan. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: Supervisor Eddy h Resolution AdoÞtinq the FY 1995-99 School CaÞital ImDrovements Proqram. (Brent Robertson. BUdqet Manaqer) R-82394-13 Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: Supervisor Eddy RESOLUTION 82394-13 ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR FY 1995-99 FOR ROANOKE COUNTY SCHOOLS WHEREAS, the Roanoke County School Administration has developed a capital improvements program to be used as a management and budget tool to assist school staff and the School Board in addressing the capital needs of our school system; and WHEREAS, the School Board has held several work sessions with school staff and the Board of Supervisors on this capital improvements program; and l - þ I I ~ ~ August 23, 1994 6fi3 WHEREAS, a public hearing on the adoption of this capital improvements program was held on August 23, 1994 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 Roanoke County Schools for FY 1995-99 is hereby adopted and approved. I 2. That this capital improvements program shall not be considered a portion of the Roanoke County Comprehensive Plan. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy L. Ordinance Authorizinq Execution of a Lease Aqreement for Additional SÞace for Use by the DeDartment of social Services. (John Chambliss. Assistant County Administrator) 0-82394-14 I Mr. Chambliss reported that the Department of Social Services has received from the state the ADAPT computer system. The computer system will be located on the third and fourth floors and additional space will be needed for mediation services ~ ,... 604 August 23, 1994 and clerical functions. The County has received a proposal from the current owner of the Salem Bank and Trust Building to lease 720 square feet at a rate of $9.10 per square foot. Mr. Chambliss requested that the Board adopt the ordinance and waive second reading because of the emergency nature of the request. Supervisor Nickens moved to adopt the ordinance and waive the second reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 82394-14 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR ADDITIONAL SPACE FOR USE BY THE DEPARTMENT OF SOCIAL SERVICES FROM TRANS S OUTHERN BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Charter of Roanoke county, a first reading concerning the execution of a lease agreement for additional space in the Salem Bank and Trust Building for use by the Department of Social Services was held on August 23, 1994. Due to the temporary and emergency nature of this request, the second reading on this matter wa$ waived. 2. That it is in the County's best interests to lease this property from TransSouthern in order to facilitate the installation of the ADAPT computer system for the Department of ~ þ I I ~ ~ August 23, 1994 605 Social Services for a period of four (4) months for the rental sum of Five Hundred Forty-Six Dollars ($546) per month, beginning September 1, 1994 and expiring December 31, 1994. 3. That the County Administrator is authorized to execute such documents and take such. actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Nickens to waive second reading and to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy I NAYS: None IN RE: ADJOURNMENT At 10:25 p.m., Supervisor Johnson moved to adjourn to Monday, September 12, 1994, at 12:00 Noon for the purpose of a joint meeting with the Roanoke city Council to be held at the Roanoke valley Resource Authority Office. The motion carried by a unanimous voice vote. Submitted by, Approved by, Mary H. Allen, CMC Clerk to the Board Lee B. Eddy, Chairman I ~ II"'" 6116 August 23, 1994 þ This page left intentionally blank I I l