5/11/1993 - Regular
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May 11, 1993
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
May 11, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of May, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., 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;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Kenneth
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Stofft, Our Lady of Nazareth Catholic Church.
The Pledge of
Allegiance was recited by all present.
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May 1,1, 1993
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IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Recoqnition of Boyd E. Loomis for over 25 years of
Volunteer Service to Roanoke County.
R-51193-1
Chairman Minnix presented Mr. Loomis with a resolution
and plaque recognizing his 43 years as a volunteer for Roanoke
County.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 51193-1 OF APPRECIATION TO BOYD E. LOOMIS
FOR OVER 25 YEARS OF VOLUNTEER SERVICE
TO THE COUNTY OF ROANOKE
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WHEREAS, Roanoke County is indebted to the volunteers
who provide fire and rescue service to the citizens of the
County; and
WHEREAS, these men and women dedicate countless hours,
unpaid but appreciated, to ensure the safety of the people and
property of Roanoke County; and
WHEREAS, due to the complexity of family and business
life, few volunteers are able to maintain this type of commitment
over a long period of time, as demands on their time and energy
increase; and
WHEREAS, Roanoke County wishes to recognize those
people who have been able to continue in service to the citizens
of the County, and has established a Quarter Century Club for the
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May 11, 1993
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volunteers who have served for over 25 years;
and
WHEREAS, Boyd E. Loomis has served as a volunteer at
Mt. Pleasant Rescue station since February 1, 1950, and is
eligible for membership in this club.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
the behalf of the citizens of the County, does hereby express its
deepest appreciation to BOYD E. LOOMIS for over twenty-five years
of service as a volunteer with the Roanoke County Fire and Rescue
Department; and
FURTHER, BE IT RESOLVED, that Mr. Loomis is hereby
certified as a member of the Quarter Century Club for Volunteers
in Roanoke County.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Proclamation Declarinq the Month of MaYas Bicycle
Month and May 18. 1993 as Bike to Work Day in
Roanoke County.
Chairman Minnix presented the proclamation to Greene
Lawson, Vice President for Public R~lations, Blue Ridge Bicycle
Club.
Supervisor Nickens moved to approve the proclamation.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
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May 11, 1993
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NAYS:
None
IN RE:
NEW BUSINESS
~ Budqet Work Session and Consideration of Adootion
of the Fiscal Year 1993-94 Budqet. fReta Busher.
Management and Budqet Director)
Work Session
At 3:15 p.m., a work session on the budget was held.
Mr. Hodge advised that he had made changes to the budget that
were requested at the April 27 work session. The following
issues were discussed: (1) It was the consensus of the Board to
have work sessions in July or August on the E-911 tax increase
and machinery and tools tax increase and methodology change. (2)
Mr. Hodge requested a work session on Parks & Recreation fees in
July. (3) Mr. Hodge will provide information to the Board on a
"Paid Time Off" policy.
Adootion of Budqet
A-51193-2
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Supervisor Nickens moved to adopt the budget.
Supervisor Johnson offered a substitute motion to adopt the
budget with preferred full implementation of the salary survey
effective 10/1/93 and $50,000 funded for Explore operating
expenses and $50,000 funded for capital expenses contingent upon
matching 3 to 1 contributions from other sources. The motion was
withdrawn.
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May 11, 1993
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Supervisor Johnson offered another substitute motion to
adopt the budget with preferred full implementation of the salary
survey effective 10/1/93. The motion was defeated by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke
NAYS: Supervisors Eddy, Nickens, Minnix
Supervisor Nickens moved to adopt the budget with
funding for Explore as follows: $50,000 for operating expenses
and $50,000 for capital expenses contingent upon 3 to 1
($150,000) matching contributions. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens
NAYS: Supervisor Minnix
~ Request for Fifth District Emoloyment and Traininq
Consortium (FDETC) to Locate a Community Resource
Center in a County owned Buildinq. (Tim Gubala.
Economic Deve1o~ment Director)
A-51193-3
Vickey Price, Director of the Fifth District Employment
and Training Consortium, requested that the Board of Supervisors
allow the FDETC to use the former Registrar's Office for a
Community Resource Center for a two year period to assist
dislocated workers from Gardner Denver and Dominion Bank.
Supervisor Johnson moved to approve the request. The
motion carried by the following recorded vote:
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May 11, 1993
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
h Request for Aooroval for Renewal of Health
Insurance Contract for County and School
Emoloyees. (Diane Hyatt. Finance Director)
A-51193-4
Ms. Hyatt requested that the Board adopt a rate
schedule for Blue Cross/Blue Shield of Virginia to provide
healthcare for County and School employees. She 'advised that the
rates represent a 10% decrease in County rates and a 4% increase
in school rates. She also presented rates for an employee and
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one dependent.
Supervisor Johnson moved to approve the renewal of
contract. The motion carried by the' following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
h Request for Authorization to Execute a Contract
for an Enerqy Manaqement System. (Homer Duff.
Roanoke County Schools)
A-51193-5
Mr. Duff requested that the Board authorize the lease-
purchase financing agreement and approve a contract with Johnson I
Controls for an Energy Management System. He advised that no
additional funds would be needed because Johnson Controls
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guaranteed energy savings would offset the cost of the equipment
and the maintenance contract.
Following discussion and questions regarding the
contract, Supervisor Nickens moved to approve execution of the
contract. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Minnix
NAYS: Supervisors Kohinke, Eddy
IN RE:
OLD BUSINESS
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Request for Aoproval of Finance Agreement with
Richfield for Payment of Water Connection Fee.
(Clifford Craiq. Utility Director) (CONTINUED FROM
APRIL 13. 1993 AND APRIL 27. 1~93)
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A-51193-6
Mr. Craig advised that Richfield has requested to be
allowed to pay the water connection fee over a two year period
with no interest. The ordinance required that interest be
included at a cost of $16,680. Mr Craig recommended that the
Board approve a finance agreement authorizing the $16,680
interest payment from the General Fund Unappropriated Balance.
Supervisor Nickens moved to approve the agreement. The
motion carried by the following recorded vote:
AYES: Supervisors JOhnson, Eddy, Nickens, Minnix
II NAYS: Supervisor KOhinke
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May 11, 1993
IN RE: REQUESTS FOR WORK SESSIONS
Mr. Hodge was directed to set up work sessions on E-911
tax, machinery and tools tax, and parks and recreation fees.
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance to Increase the Salaries of the Members
of the Board of Suoervisors Pursuant' to section
3.07 of the Roanoke County :Charter and section
14.1-46.01:1 of the Code of Virqinia (Paul Mahoney
County Attorney)
There was no discussion. Supervisor Nickens moved to
approve the first reading and set the second reading and public
hearing for May 25, 1993. The motion carried by the fo:lowing
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens
NAYS: Supervisor Minnix
~ Ordinance Donating' Roanoke county's Interest in
certain Real Estate to the Virqinia De~artment of
Transoortation for Rutrouqh Road Imorovements.
(Joyce Wauqh. Economic Develooment specialist)
Ms Waugh advised that all members of the Roanoke Valley
Regional Solid Waste Management Boar have been requested to
approve the donation which will widen the right-of-way on
Rutrough Road. Supervisor Johnson moved to approve the first
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reading and set the second reading for May 25, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
h Ordinance Amendinq the' Roanoke County Code bY
Amendinq and Reenactinq Section 18-168 Schedule of
Charges bY providinq for Establishinq an Increase
in Sewer Use Rat&s. (Diane Hyatt. Director of
Finance)
There was no discussion. Supervisor Kohinke moved to
and set the second reading and public
The motion carried by the following
approve the first reading
hearing for May 25, 1993.
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recorded vote:
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
h Ordinance Authorizinq Amendments. Extensions. and
Terminations of Leases in Connection with Office
Soace and the New County Administration Center and
Aporooriation of Revenue (Paul H. Mahoney. County
Attorney)
Assistant County Attorney Vickey Huffman reported that
the proposed ordinance would authorize certain amendments,
extensions and terminations of leases pertaining to the new
County Administration Center and would appropriate the funds
generated from the leases.
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May 11, 1993
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Following discussion, Supervisor Nièkens moved to
approve the first reading of the ordinance and set the second
reading for May 25, 1993. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens
NAYS: None
ABSTAIN: Supervisor Minnix
IN RE:
SECOND READING OF ORDINANCES
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Ordinance Establishinq A Procedure to Enforce the
Prohibited Discharqe of Stormwater Surface Water.
Groundwater. Roof Runoff or Subsurface Drainaqe
into the Public sani tary Sewer System. by
Requirinq certain Corrections to Buildinqs or
Structure. Penalties for Noncomoliance.
Disconnection. and Aooeals from Such
Determinations. (Clifford Craiq. utility Director)
0-51193-7
Following discussion on revisions to the ordinance,
Supervisor Kohinke moved to adopt the ordinance with the
revisions requested at the April 27, 1993 meeting. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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ORDINANCE 51193-7 ESTABLISHING A PROCEDURE TO ENFORCE
THE PROHIBITED DISCHARGE OF STORKWATER, SURFACE WATER,
GROUNDWATER, ROOF RUNOFF OR SUBSURFACE DRAINAGE INTO
THE PUBLIC SANITARY SEWER SYSTEM, BY REQUIRING CERTAIN
CORRECTIONS TO BUILDINGS OR STRUCTURES, PENALTIES FOR
NONCOMPLIANCE, DISCONNECTION, AND APPEALS FROM SUCH
DETERMINATIONS
WHEREAS, the Federal Water Pollution Control Act (also
known as the Clean Water Act, 33 U.S.C. 1251, et sea) declares a
national goal to eliminate the discharge of pollutants into the
navigable waters of this country, and that Roanoke County's Sewer
Use Standards ordinance has been adopted to implement this goal,
and,
WHEREAS, the 1972 sewer agreement between Roanoke
County and Roanoke City further implements this national goal by
authorizing and requiring certain sampling and inspection actions
concerning the discharge of wastes into the public sewer system,
and,
WHEREAS, the State Water Control Law (Chapter 3.1 of
Title 62.1 of the Code of Virginia, 1950, as amended) also
regulates and controls the discharge of sewage and pollutants
into the waters of the Commonwealth, and,
WHEREAS, Section 15.1-855, of the Code of Virginia,
authorizes the regulation. and inspection of public and private
sewers, and further to prevent the operation of such sewers when
they are likely to contribute to the pollution of public or
private systems, and,
WHEREAS, the first reading of this ordinance was held
on April 27, 1993, and the second reading of this ordinance was
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held on May 11, 1993.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the following sections of Chapter 18, "Sewers
and sewage disposal" be amended to read and provide as follows:
Sec. 18-156.1. Purpose.
It is the policy of this County and the purpose of this
ordinance to establish a separate procedure for the enforcement
of the Sewer Use Standards (Article IV of Chapter 18 of the
Roanoke County Code) arising from the actual or potential illegal
discharge of unpolluted stormwater, surface water, groundwater,
roof runoff or subsurface drainage into the public sanitary
sewer system. The inflow or infiltration of stormwater into the
public se\Jer system constitutes a direct threat to public health,
safety and welfare, since this discharge or infiltration
overloads the pUblic sewer system, thereby, causing sewer
overflows and sewer backups into homes and businesses. This
discharge or infiltration increases the cost and expense to all
sewer users and all County citizens, since the overloads to the
sewer system result in higher operating costs at the regional
sewage treatment plant and higher capital costs for expansions of
the public sewer system.
Sec. 18-156.2. Determination by utility Director.
(a) The Utility Director, or his designee, shall be
vested with the authority and responsibility to enforce the
provisions of this ordinance and to make determinations with
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respect to the actual or potential illegal or improper discharge,
inflow or infiltration of stormwater, surface water, groundwater,
roof runoff or subsurface drainage into the public sanitary sewer
system.
(b) A determination with respect to an actual or
potential illegal or improper discharge, inflow or infiltration
of stormwater, surface water, groundwater, roof runoff or
subsurface drainage into the public sanitary sewer system from
the property of a sewer user or any other person shall be based
upon the following:
(1) estimate or measurement of quantity of
inflows and/or infiltration that could occur
based on the 2-year rainfall event
established fer Roanoke County using the
Virginia Department of Highways and
Transportation Drainage Manual.
(2) quantity of inflow and/or infiltration shall
be in gallon per day.
(3) estimate of quantity shall be site specific
taking into consideration physical
characteristics of the site as they relate to
the potential or actual inflow and/or
infiltration.
(c) The utility Director, or his designee, shall
provide written notice by certified mail to the sewer user,
property owner or other responsible person of any violation of
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this ordinance or of Section 18-156 of this Code. This notice
shall describe the nature of the violatio~, the determination of
the actual or potential quantity of the discharge, inflow or
infiltration, the corrective measures necessary to achieve
compliance, the time period for compliance, the amount of the
monthly surcharge until corrected, and the appeal process.
Sec. 18-156.3. Surcharge; disconnection
(a) For structures or property with act~al or
potential discharge, infiltration or inflow determined to be in
excess of 1.000 aallons per day into the public sanitary sewer
system, the sewer user, property owner or other responsible
person shall be given six months to correct the illegal or
improper activities or facilities contributing to the discharge,
infiltration or inflow into the public sanitary sewer system. If
corrective measures to eliminate the illegal or improper
discharge, infiltration or inflow into the pUblic sanitary sewer
system are not completed and approved by the utility Director, or
his designee, within six months from the date of the notice
provided in Sec. 18-156.2(c), then the County shall impose upon
the sewer user, property owner or other responsible person a
monthly surcharge in the amount of $200 per month until the
required corrective measures are completed and approved. If the
property owner or responsible party fails to pay the monthly
surcharge when due and payable, then the County shall terminate
the water and sewer connections and service to the property, and
disconnect the customer from the system. During and after
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periods of heavy rainfall résulting in actual or potential inflow
or infiltration in excess of 200 gallons per day, the utility
Director may in his discretion temporarily terminate the sewer
connection to protect the public sewer system and other sewer
users.
(b) For structures or property with actual or
potential discharge, infiltration or inflow determined to be less
than 1.000 qallons per day but more than 500 qallons per day into
the public sanitary sewer system, the sewer user, property owner
or other responsible person shall be given six months to correct
the actual or potential illegal or improper activities or
facilities contributing to the discharge, infiltration or inflow
into the public sanitary sewer system. If corrective measures to
eliminate the actual or potential illegal or improper discharge,
infiltration or inflow into the public sanitary sewer system are
not completed and approved by the utility Director, or his
designee, within six months from the date of the notice provided
in Sec. 18-156.2(c), then the County shall impose upon the sewer
userí property owner or other responsible person a monthly
surcharge in the amount of $100 per month until the required
corrective measure~ are completed and approved. If the property
owner or responsible party fails to pay the monthly surcharge
when due and payable, then the County shall terminate the water
and sewer connections and service tQ the property, and disconnect
the customer from the system. During and after periods of heavy
rainfall resulting in actual or potential inflow or infiltration
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in excess of 200 gallons per day, the utility Director may in his
discretion temporarily terminate the sewer connection to protect
the public sewer system and other sewer users.
(c) For structures or property with actual or
potential discharge, infiltration or inflow determined to be less
than 500 qallons per day. but more than 200 gallons per day into
the public sanitary sewer system, the sewer user, property owner
or other responsible person shall be given six months to correct
the illegal or improper activities or facilities contributing to
the discharge, infiltration or inflow into the public sanitary
sewer system. If corrective measures to eliminate the actual or
potential illegal or improper discharge, infiltration or inflow
into the public sanitary sewer system are not completed and
approved by the utility Director, or his designee, within six
months from the date of the notice provided in Sec. 18-156.2(c),
then the County shall impose upon the sewer user, property owner
or other responsible person a monthly surcharge in the amount of
i2Q per month until the required corrective measures are
completed and approved. If the property owner or responsible
party fails to pay the monthly surcharge when due and payable,
then the County shall terminate the water and sewer connections
and service to the property, and disconnect the customer from the
system. During and after periods of heavy rainfall resulting in
actual or potential inflow' or infiltration in excess of 200
gallons per day, the utili ty Director may in his discretion
temporarily terminate the sewer connection to protect the public
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sewer system and other sewer users.
(d) For structures or property wi th actual or
potential discharge, infiltration or inflow determined to be less
than 200 qallons per day. but more than 50 qallons per day into
the pUblic sanitary sewer system, the sewer user, property owner
or other responsible person shall be given six months to correct
the illegal or improper activities or facilities contributing to
the discharge, infiltration or inflow into the public sànitary
sewer system. If corrective measures to eliminate the illegal or
improper discharge, infiltration or inflow into the pUblic
sani tary sewer system are not completed and approved by the
utility pirector, or his designee, within six months from the
date of the notice provided in Sec. 18-156.2(c), then the County
shall impose upon the sewer user, property owner or other
responsible person a monthly surcharge in the amount of ~ per
month until the required corrective measures are completed and
approved. If the property owner or responsible party fails to
pay the monthly surcharge when due and payable, then the County
shall terminate the water and sewer connections and service to
the property, and disconnect the customer from the system.
Sec. 18-156.4. Review of Corrective Heasures
The sewer user, property owner or other responsible
person shall correct the actual or potential illegal or improper
activities or facilities contributing to the discharge,
infiltration, or inflow into the public sanitary sewer system.
These corrective measures to eliminate the actual or potential
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illegal or improper discharge, infiltration, or inflow into the
public sewer system shall be taken upon notice from the utility
birector or his designee. Once these corrective measures have
been implemented, the sewer user, property owner, or other
responsible person shall request in writing that the utility
Director or his designee inspect the corrective measures to
verify compliance with this chapter.
Any monthly surcharge imposed by the provisions of this
ordinance, or any termination of water and sewer service arising
from a failure to pay the monthly surcharge, shall continue until
the utility Director or his designee determines that the
corrective measures are in compliance with the provision~ of this
chapter.
If water and sewer services have been terminated under
this ordinance, the sewer user, property owner, or other
responsible person may request resumption of water and sewer
service as follows:
(1) By taking the corrective measures specified in the
notice, and by eliminating the actual or potential discharge,
infiltration, or inflow into the public sanitary sewer system.
(2) By requesting an inspection and determination by
the utility Director or his designee as provided in this section.
(3) By submitting a written request to the utility
Director requesting reinstatement of public water and sewer
services and verifying that all standards· of this chapter have
been satisfied.
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Sec. 18-156.5. Appeals
(a) Any sewer user, property owner, or responsible
person may appeal a determination of the utility Director or his
designee by submitting a Notice of Appeal to the County
Administrator wi thin fourteen (14) days from the receipt of. the
written notice as provided in § 18.1-156.2 (c).
(b) The County Administrator shall conduct a hearing
on this appeal within fourteen (14) days of the receipt of this
Notice of Appeal. The County Administrator shall render a
decision with five (5) business days of the date of the hearing.
(c) The Notice of Appeal shall state the technical
grounds and objections for the appeal. At the hearing the County·
Administrator shall hear and investigate any objection that may
be raised and take such action as may be appropriate under the
facts and circumstances established.
(d) The sewer user, property owner, or other
responsible person may appeal the decision of the County
Administrator to the Roanoke County Board of Supervisors by
submitting to the Clerk of the Board a written Notice of Appeal
within fourteen (14) days of the receipt of the County
Administrator's written decision. This Notice of Appeal shall
state the grounds for the appeal.
(e) In all other respects the substantive and
procedural requirements for this appeal shall comply with the
provisions of § 15.1-550, et seq. of the state Code.
2. That this ordinance shall be in full force and
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effect from and after its passage.
On motion of Supervisor Kohinke to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Ordinance AuthorizinQ the Acquisition of a .69
Acre Parcel of Real Estate in Connection with the
Cleanuo of the Dixie Caverns Landfill - Tax Parcel
64.01-4-33. (Paul Hahoney. County Attorney)
0-51193-8
There was no discussion. Supervisor Kohinke moved
to adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 51193-8 AUTHORIZING THE PURCHASE OF A .69
ACRE PARCEL OF REAL ESTATE IN CONNECTION WITH THE
CLEANUP OF THE DIXIE CAVERNS LANDFILL - TAX PARCEL
64.01-4-33
WHEREAS, in connection with the cleanup of the Dixie
Caverns Landfill and in order to comply with EPA regulations and
standards within a specific time frame as set out in the
"Administrative Order By Consent For Removal Action," it is
necessary to acquire fee simple ' title to a .69 acre parcel of
real estate located at the intersection of Dow Hollow Road (Route
647) and Twine Hollow Road (Route 778).
This parcel is
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identified as Tax Parcel 64.01-4-33 and is owned by Branch &
Associates, Inc. Acquisition of this real estate will allow
access to the site, provide a materials storage area, and an area
for equipment parking; and
WHEREAS, staff has negotiated the purchase of said
parcel from Branch & Associates, Inc. for the sum of $4,500,
being the estimated fair market value based upon an appraisal;
and
WHEREAS, the first reading of this ordinance was held
on April 27, 1993; the second reading was held on May 11, 1993;
and
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized
to acquire from Branch & Associates, Inc. a .69-acre parcel of
real estate identified as Tax Map No. 64.01-4-33 for an amount
not to exceed $4,500 , which shall be paid out of the funds
available for the Dixie Caverns Landfill Cleanup.
2. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the
acquisition of this property, all of which shall be approved as
to form by the County Attorney.
On motion of Supervisor Kohinke to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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May 11, 1993
NAYS:
None
IN RE:
APPOINTHENTS
~ Board of Zoninq Apoeals
Supervisor Kohinke nominated Richard L. Jones,
representing the CatawLa Magisterial District, to a five year
term. His term will expire June 30, 1998.
~ Clean Valley Council
Supervisor Eddy was nominated as Board Liaison for a
two-year term which will expire June 30, 1995.
h Fifth Planninq District Commission
S~pervisor Eddy indicated his willingness to serve
another three-year term as the Elected Representative and
Executive Committee member. His term will expire June 30, 1996.
h Parks and Recreation Advisory Commission
. Supervisor Eddy nominated William Skelton, representing
the Windsor Hills Magisterial District, to another three-year
term. His term will expire June 30, 1996.
Supervisor Minnix nominated Mrs. Lee Blair,
representing the Cave Spring Magisterial District, to another
three-year term. Her term will expire June 30, 1996.
IN RE: CONSENT AGENDA
R-51193-9
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Hay 11, 1993
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Regarding Item 6 on the Consent Agenda, Mr. Hodge
advised that staff is discussing with the Town of Vinton the
possibility of purchasing a repair kit for the ladder truck.
Supervisor Nickens moved to approve Items 2 through 6
after discussion of Item 6. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
Supervisor Nickens moved to approve Item 1. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Minnix
II ABSTAIN: Supervisor Nickens
RESOLUTION 51193-9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA
NAYS:
None
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 May 11, 1993, 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 6, inclusive, as follows:
1. Minutes of Meetings - April 13, 1993, April 23,
1993.
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2.
Acknowledgement of the Acceptance of 0.29 Miles of
Bushdale Road into the Virginia Department of
Transportation Secondary System.
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3.
Revision to the Resolution of Appreciation to
County Volunteers with Over 25 Years of Service.
4. Acceptance of Water and Sanitary Sewer Facilities
Serving The Orchards, Applewood, section 7.
5. write-Off of utility Bad Debts.
6. Authorization to Pay Certain Legal Fees Regarding
Grumman Emergency Products.
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 Nickens to adopt Items 2
through 6 of the Consent Agenda after discussion of Item 6, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
On motion of Supervisor Nickens to approve Item 1 of
the Consent Agenda, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: None
ABSTAIN: Supervisor Nickens
RESOLUTION 51193-9.b AMENDING RESOLUTION 42793-10 OF
APPRECIATION TO VOLUNTEERS FOR OVER 25 YEARS OF
DEDICATED SERVICE TO THE COUNTY OF ROANOKE
WHEREAS, Roanoke County is indebted to the volunteers
who provide fire and rescue service during evcning and ycckend
houra to the citizens of the County; and
WHEREAS, these men and women dedicate countless hours,
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Hay 11, 1993
33'1 .
unpaid but appreciated, to ensure the safety of the people and
property of Roanoke County; and
WHEREAS, due to the complexity of family and business
life, few volunteers are able to maintain this type of commitment
over a long period of time, as demands on their time and energy
increase; and
WHEREAS, Roanoke County wishes to recognize those
people who have been able to continue in service to the citizens
of the County, and has established a Quarter Century Club for the
volunteers who have served for over 25 years; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
II the behalf of the citizens of the County, does hereby express its
deepest appreciation to these dedicated citizens for over twenty-
five years of service as a volunteer with the Roanoke County Fire
and Rescue Department; and
FURTHÈR, BE IT RESOLVED, that they are hereby certified
II
as a member of the Quarter Century Club for Volunteers in Roanoke
County.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
REPORTS AND INQUIRIES OP BOARD HEMBERS
Supervisor Kohinke: (1) He thanked the County Council
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of PTA's for their meal. (2) He announced that he had attended
the Glenvar Lighting Ceremony and expressed his appreciation to
the community for their donations.
Supervisor EddY: (1) He announced that there was a
positive article about Roanoke County in the Virginia Business
magazine. (2) He asked about the legislative requests to be
forwarded to the Virginia Association of Counties. Mr. Mahoney
will bring to the Board a summary of previous legislation and new
legislative requests on June 8, 1993, and asked that the Board
send him their requests. (3) He announced that while this is an
election season, he would not do or say anything publicly in
opposition to Mr. Johnson's Hollins District election campaign
but would provide information on records to all who asked. (4)
He asked for more input on bulk and brush collection.
Supervisor Nickens: (1) He attended the Kickoff for
Tourism Week and thought it was of high quality. He announced
that next year's kickoff will be at the Explore Park. (2) He
attended the dedication of the Virginia Western Arboretum on May
7 and announced that one of the gardens is named in recognition
of Roanoke County's financial contribution.
Su~ervisor Johnson: (1) He asked for the time line to
advertise and hire a new Parks and Recreation Director. Mr.
Hodge advised that it would be about three to four months. He
asked that the Parks and Recreation Advisory Commission be
involved in the selection process. (2) In response to Supervisor
Eddy's comments, he advised that he had never seen a political
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partisan vote in his ten years and he felt that contested
elections were good for the County.
Supervisor Minnix: (1) He thanked Supervisor Eddy for
his memo and article on safe drinking water from VACo and advised
that he will send a letter of support. (2) He decided to
conduct the 120 day evaluation at this meeting in Executive
Session. (3) He asked to meet with Mr. Hodge and Supervisor
Eddy to discuss the bulk and brush collection.
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IN RE: REPORTS
Supervisor Nickens moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
General Fund Unaoorooriated Balance
Caoital Fund Unaoorooriated Balance
Board Continqency Fund
Statement of Revenues and Exoenditures as of April
30. 1993
~ Proclamations Siqned bY the Chairman
..L.. Statement of the Treasurer's Accountability ~er
Investments and Portfolio Policy. as of April 30.
1993.
IN RE:
WORK SESSION
~ Drainaqe Proqram
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The work session was presented by Arnold Covey, George
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May 11, 1993
Simpson, and Butch Workman with the Department of Engineering and
Inspections. The history of the drainage program was presented
and the drainage complaint procedure was described. The Board
received a list of projects that have been completed and those
that remain on the list. They were also presented, with an
overview of the bond projects.
IN RE: EXECUTIVE SESSION
At 6:50 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 (a)
(7) Consultation ~ith legal counsel and briefings by staff
members, pertaining to specific legal matters requiring the
provision of legal advice by counsel: Negotiations Pertaining to
the smith Gap Landfill; (1) Personnel Matter. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
Mr. Mahoney advised the Board that the discussion
between the Board and Mr. Hodge on actions during the past 180
days did nót qualify as an executive session item since this was
not an evaluation. This item was removed from executive session
discussion.
IN RE: CERTIFICATION RESOLUTION
R-51193-10
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Supervisor Nickens moved to return to open session and
at 7:27 p.m., Supervisor Johnson moved to adopt the Certification II
Resolution. The motion carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 51193-10 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 The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke ~ounty, 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.
On motion of Supervisor Johnson to adopt the
Certification Resolution, and carried by the following recorded
vote:
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
None
IN RE: ADJOURNMENT
At 7:30 p.m., Supervisor Minnix moved to adjourn. The
motion carried by a unanimous voice vote.
H. Odell
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