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HomeMy WebLinkAbout3/24/1992 - Regular 1 I I "z,'\ ""'l1lI March 24, 1992 15 6 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue S. w. Roanoke, Virginia 24018 March 24, 1992 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhinke, Supervisors Bob L. Johnson, H. Odell Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator, Don M. Myers, Assistant County Administrator, Anne Marie. Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Dr. Michael Nevling, Colonial Presbyterian Church. The .Pledge of Allegiance was recited by all present. ~ ,. ,1:57 . March 24, 1992 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy announced there would not be a work session in the evening. He also asked that Item 7, under New Business be added, Authorization To Oppose S.B.270 and Asking Governor Wilder to Veto the Proposed Legislation. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS h Resolution of ADDreciation to John Hubbard. Assistant County Administrator. R-32492-1 Mr. Hubbard was present to receive the resolution. Supervisor Johnson moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32491-1 OF APPRECIATION TO JOHN R. HUBBARD FOR SERVICE TO ROANOKE COUNTY AND CONGRATULATIONS ON HIS NEW POSITION WHEREAS, John R. Hubbard has worked for Roanoke County since 1977, when he obtained the position of Di~ector of Engineering for the Public Service Authority; and WHEREAS, since that time, Mr. Hubbard has held the positions of Director of Engineering and Administration, Superintendent of Public Facilities and Assistant County Administrator; and WHEREAS, Mr. Hubbard has been responsible for a variety ~ ~ I I 1 I I ""'l1lI March 24, 1992 158 of major projects which will serve Roanoke County into the 21st Century; among them the Smith Gap Landfill, and the County's water supply; and WHEREAS, Mr. Hubbard has consistently worked with the citizens of the County to plan and improve those projects through organizations such as the citizens Landfill Advisory Committee which received numerous awards; and WHEREAS, Mr. Hubbard has now accepted the position of Chief Executive Officer of the Roanoke Valley Resource Authority, where he will be responsible for the construction and operation of the regional Smith Gap Landfill. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf, and on behalf of the citizens and staff of Roanoke County, does hereby express appreciation to JOHN R. HUBBARD for his many years of dedication and service to Roanoke County; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its sincere congratulations to Mr. Hubbard on his new position as. Chief Executive Officer of the Roanoke Valley Resource Authority. 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: NEW BUSINESS .~ ,. 15.9 I March 24, 1992 h Reauest for AdoDtion of Resolution of SUDDort for Continuation of the Commonwealth Games in the Roanoke Valley hosted bv Virqinia Amateur SDorts. (John Chambliss, Assistant County Administrator) R-32492-2 Mr. Chambliss advised that Virginia Amateur Sports, Inc. (VAS) and the Convention and Visitors Bureau are requesting that the four Valley governments petition the General Assembly for their continued support to host the state games in the Roanoke Valley. He reported that the economic impact in 1991 was $4.5 million. He also informed the Board that the County Parks and Recreation Department will be working with VAS on the games for this year. Supervisor Johnson inquired whether the County charges a fee for use of County and school facilities. Mr. Hodge responded he would work with the schools on this issue. Supervisor Nickens moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-2 OF SUPPORT FOR CONTINUATION OF THE COMMONWEALTH GAMES IN THE ROANOKE VALLEY HOSTED BY VIRGINIA AMATEUR SPORTS WHEREAS, the governing bodies of the Roanoke Valley are interested in the economic well-being of its citizenry and the community at large; and WHEREAS, the Commonwealth of Virginia has encouraged Southwestern Virginia to initiate its own means of economic ~ ~ I I 1 I I ""'l1lI . March 24, 1992 16 0 development; and WHEREAS, the Virginia Amateur Sports has created a festival of games (named the Commonwealth Games of Virginia), which has been sanctioned by the National Congress of State Games and the Governor of the Commonwealth of Virginia; and WHEREAS, 'the Commonwealth Games of Virginia brings approximately 4.5 million dollars in economic impact to the Roanoke Valley and surrounding areas. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Board of Supervisors of Roanoke County, Virginia, encourages our local and state legislators to designate the Roanoke Valley as the permanent site for the Commonwealth Games of Virginia, and that this program of economic development initiated by our community remain in our community; and 2. That the Roanoke County Board of Supervisors supports Virginia Amateur Sports continuing to serve as the solely designated group to organize and conduct the Commonwealth Games of Virginia; and 3. That the Chairman of the Board is authorized to execute the appropriate documents with the other Valley jurisdictions, evidencing County support for the Commonwealth Games continuing in the Roanoke Valley; and 4. That the Clerk to the Board is directed to forward attested copies of this resolution to the Honorable L. Douglas Wilder, Governor, Commonwealth of Virginia, and the Roanoke Valley legislators in the General Assembly. ~ ,. 1'6 1 March 24, 1992 On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None ~ Resolution of SUDDort for Roanoke Valley Convention and Visitors Bureau ADDlication for Virqinia Tourism Accreditation Proqram. (Tim Gubala, Economic DeveloDment Director) R-32492-3 Mr. Gubala reported that the Roanoke Valley Convention and Visitors Bureau is applying for entry in the Virginia Tourism Accreditation Program. The initial Accreditation will enroll 18 communities. Costs will be covered through the current budget and the Bureau will come back and ask for additional funds if it becomes necessary. Martha Mackie with the Convention and visitors Bureau was present and reported that it is estimated that 75 localities will try for accreditation and only 18 will be accepted. Supervisor Kohinke moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-3 OF SUPPORT FOR ROANOKE VALLEY CONVENTION AND VISITORS' BUREAU APPLICATION FOR VIRGINIA TOURISM ACCREDITATION PROGRAM. WHEREAS, the governing body of Roanoke County is interested in ·1;;he--economic well-being of its citizenry and the ~ ~ I I 1 I I ""II1II March 24, 1992 162'" community at large; and WHEREAS, the governing body is prepared to support appropriate efforts within the community to become totally prepared to promote tourism and related economic development; and WHEREAS, the Virginia Department of Economic Development, through its Tourism Development Group, is offering a program which is specifically designed to assist Virginia communities to become better prepared for tourism and related economic development; and WHEREAS, this program is entitled the VIRGINIA TOURISM ACCREDITATION PROGRAM; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that our community, Roanoke County, wishes to participate in the VIRGINIA TOURISM ACCREDITATION PROGRAM, and that ~he leadership of this community is fully cognizant that the aforesaid program requires dedicated effort; and BE IT FURTHER RESOLVED, that by entering the aforesaid program, we are pledging our best and honest efforts to achieve designation as a Virginia "Accredited" Community; and BE IT FURTHER RESOLVED, that the aforesaid program requires either the existence or formation of a Tourism Promotion Organizatiòn which will be charged with the responsibility of completing the requirements of the aforesaid program, and that this governing body hereby designates the Roanoke Valley Convention and Visitors Bureau as representing this community for the purpose of participating in this program.' On motion of Supervisor Kohinke to adopt the resolution, ~ ,. 16,3 March 24, 1992 and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None ~ Authorization to Execute a Mutual Assistance Aqreement with the city of Salem. ( John Cease, Police Chief) A-32492-4 Chief Cease reported that this agreement will formalize law enforcement assistance that the County and City of Salem are now providing to each other. The City of Salem approved the agreement on March 23. He indicated that the proposed agreement mirrors the agreement already adopted with the Town of Vinton. Supervisor Nickens moved to authorize execution of the Mutual Assistance Agreement with the City of Salem. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None L-- Alternatives reqardinq Personal ProDertv Tax Penalty Refund. (Paul Mahonev, County Attornev) A-32492-S Mr. Mahoney explained that this item was requested by a , citizen and several Board members to refund certain personal property tax penalties arising from a 1990 dispute concerning the application and calculation of the penalties for late filing of persona 1 property tax returns. He presented three a 1 terna t i ves for handling the refunds and estimated that thlare was a potential ~ ~ I I I!) I ""'l1lI March 24, 1992 16 4 $11,300 that could be refunded for tax year 1990. The alternates were: (1) Decline to take action and allow the challenger to petition a court to decide the issue. (2) Direct staff to prepare an appropriate ordinance to provide for refunds to all taxpayers for the tax years in question. (3) Direct staff to prepare an ordinance providing for refunds to those taxpayers who petition for a refund. Supervisor Nickens moved to direct staff to prepare an ordinance to provide for refunds to those taxpayers who petition for a refund. The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. None ~ Request for aDDroval to Dav leqal fees reqardinq Grumman Litiqation. (Paul Mahonev, County Attornev> A-32492-6 Mr. Mahoney reported that this is the second payment for legal fees regarding action against Grumman Emergency Products. The billing is for $1,151,95 and represent half the legal costs. The Town of Vinton is paying for the other half. Staff recommended that the Board authorize payment from the Board Contingency Fund and that future billings be paid from the this fund and not brought back to the Board for approval. In response to questions, Mr. II Mahoney advised he did not know how much the legal costs may be, but they could be as high as $20,000. ~ ,. 16 5 March 24, 1992 FOllowing discussion, Supervisor Johnson moved to approve payment, and that Mr. Mahoney bring back a report estimating future legal costs. The motion was amended by Supervisor Nickens that the report be added to the Consent Agenda, and that funds should be included in the 1992-93 budget if costs continue beyond June 30, 1992. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None ~ Reauest for AdoDtion of the Secondary Road System Six-Year Construction Plan for Fiscal Years 1992- 98. (Arnold Covey, Director of Enqineerinq & InsDections) R-32492-7 Mr. Covey advised that a public hearing was held on the plan on February 25. At that time, the following requests were made by citizens: (1) Repave Upland Game Road; (2) Pave Ivy Ridge Road; (3) Improve sight distance at the intersection of Roselawn and Ridgelea Road; and (4) installation of a guard rail along portions of Chestnut Mountain Road. Supervisor Johnson moved to approve the resolution adopting the Six-year Construction Plan. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-7 APPROVING THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1992-98 ~ (' I ~ I I ""II1II March 24, 1992 16 6 l;. WHEREAS, a public hearing was held on February 25, 1992, to receive comments on the Secondary Road System six Year Construction Plan for Roanoke County for Fiscal Year 1992-98; and WHEREAS, The Board does hereby approve the Secondary Road System six Year Construction Plan for Roanoke County for Fiscal Year 1992-98 as set out on the attached construction program estimated allocations. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1992-98 by the Clerk to the Board. 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 ~ Request to ODDose Senate Bill 270 and Ask Governor Wilder to Veto the ProDosed Leqislation. R-32492-8 Mr. Mahoney reported that a bill was recently passed in the state senate that all approved final subdivision plats and site plans will be valid for five years with certain exceptions. This could have a negative affect on Roanoke County because the County's ~ ,. 16,7 March 24, 1992 final subdivision plats and site plans are only valid for six months. Future changes to County ordinances, regulations and policies affecting development would not apply to previously approved plats and plans. Supervisor' Eddy moved to authorize the County Attorney to prepare the necessary documents of opposition for transmittal to the Governor I s Off ice as soon as possible. Supervisor Nickens amended the motion that a resolution of opposition be spread in the minutes. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-8 REQUESTING THE GOVERNOR TO VETO SENATE BILL 270 WHEREAS, the 1992 session of the Virginia General Assembly adopted Senate Bill 270; and WHEREAS, Senate Bill 270 proposes to change existing law with respect to subdivision plats and approved final site plans by allowing those documents to remain valid for five years and therefore not' subj ect to any change in local ordinance, map, resolution, rule, regulation, policy, or plan adopted by the local governing body during that period; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia is seriously concerned about the potentially disruptive policy effects this legislation could have upon land use and developmental practices in Roanoke County. ~ ~ I I ~ ""II1II March 24, 1992 16 8 I NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Attorney is hereby directed to communicate the Board's concerns with respect ,to Senate Bill 270 to the Honorable Douglas Wilder, Governor, Commonwealth of Virginia. 2. That the Board hereby requests the Governor of the Commonwealth of Virginia to veto Senate Bill 270. 3. That a copy of this resolution be forwarded to the Governor and to the members of the Roanoke Valley legislative delegation by the Clerk to the Board of Supervisors. On motion of Supervisor Eddy, amended by Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, None IN RE: REQUESTS FOR PUBLIC HEARINGS Chairman Eddy announced that there would be a public hearing on the tax rates on April 6, 1992. Supervisor Nickens moved to schedule a public hearing on the proposed tobacco tax on April 14, 1992. The motion carried by a unanimous voice vote. I IN RE. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA .... ,. 16 9 March 24, 1992 ~ Supervisor Johnson moved to approve first reading and set the public hearing for April 28, 1992. The motion carried by a unanimous voice vote. h Ordinance authorizinq the rezoninq of 2.2 acres from R-E to M-1 to oDerate a cabinet manufacturinq facility, located at 8251 Wood Haven Road, catawba Maqisterial District, UDon the Detition of Norman T. Ronk. (Paul Mahonev, County Attornev) IN RE: FIRST READING OF ORDINANCES Ordinance authorizinq the Acquisition of 29.634 Acres of Land from ADDalachian Power ComDanv for the Water Treatment Plant. (Paul Mahonev, County Attornev) There was no discussion. Supervisor Nickens moved to approve first reading of the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None h IN RE: SECOND READING OF ORDINANCES h Ordinance authorizinq the Conveyance of a Well Lot to Randv S. peters. (Paul Mahonev, County Attorney) 0-32492-9 There was no discussion. Supervisor Minnix moved to adopt. the .... I I ..... ~ March 24, 1992 17 (f ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None ORDINANCE 32492-9 AUTHORIZING THE CONVEYANCE OF A WELL LOT LOCATED IN THE WOODLANDS SUBDIVISION OF ROANOKE COUNTY TO RANDY S. PETERS WHEREAS, the County has ceased to use the well located on a certain well lot and the subject parcel will no longer be used for this specified purpose; and WHEREAS, the County has received an offer to purchase this well lot for a price that reflects the fair market value of the property. I THEREFORE, 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 Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1992; a second reading was held on March 24, 1992; and 2. That pursuant to the provisions of § 16.01 of the Charter of Roanoke County, the remaining rights in the subject parcel of real estate are hereby declared to be surplus and the condition applicable to the property renders it unacceptable and unavailable for other public uses; and 3. That the offer of One Thousand Dollars ($1,000) from II Randy S. Peters for this well lot is hereby accepted and all other 15 ~ ,. 17 1 March 24, 1992 ~ offers, if any, are rejected. 4. That the sale and conveyance of the subject parcel, described as a well lot located in the Woodlands Subdivision (Tax Map No. 26.20-2-55) of Roanoke County, Virginia, to Randy S. Peters is hereby authorized. That the proceeds from the sale of this well lot shall be paid into the capital facility account of the utility Fund. 5. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this conveyance, all, of which shall be on form approved by the County Attorney. On motion of Supervisor Minnix to adopt the ordinance, and I carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-10 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 II 16 .... ~ I I ""'l1lI March 24, 1992 '.1-·].'2 County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for March 24, 1992, 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. Approval of Minutes - February 11, 1992, February 25, 1992. 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals. 3. Request for Approval of a Raffle Permit from the Roanoke Academy of Medicine Auxiliary. 4. Request for Approval of a Raffle Permit from the Mason's Cove Civic Club. 5. Request for Acceptance of Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court into the Virginia Department of Transportation Secondary System. 6. Acknowledgement from the Virginia Department of Transportation of the acceptance of 0.24 miles of Valleypointe Parkway. 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, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy 17 ~ ,. ',173 March 24, 1992 NAYS: None RESOLUTION 32492-10.d REQUESTING ACCEPTANCE OF CAVALIER DRIVE, SULGRAVE ROAD, TRINITY COURT AND WIMBLEDON COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of 0.31 miles of Cavalier Drive from the intersection of Salisbury Drive (Route 2002) to the intersection of Two Ford Road (Route 680), 0.06 miles of Sulgrave Road from the intersection of Cavalier Drive (Route 1799) to the intersection of Trinity Court (Route 4177), 0.09 miles of Trinity Court from the intersection of Sulgrave Road (Route 4178) to the cul-de-sac and 0.08 miles of Wimbledon Court from the intersection of Cavalier Drive to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of certain maps known as SteepleHunt of Canterbury Park, Section 6 and SteepleHunt of Canterbury Park, Section 8 Subdivision which maps were recorded in Plat Book 11, Page 75 and Plat Book 12, Page 43, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 16, 1988, and December 4, 1989 and that by reason of the recordation of said maps no report from a Board of Viewers, nor .... ~ 1- I ~ I I ..... March 24, 1992 l' J It ~. consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. 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 SUDervisor Kohinke: (1) Announced he enjoyed the Tabletop Disaster Exercise and commended Fire Chief Tommy Fuqua and the other staff involved. He suggested having this exercise every year. (2) Advised he attended the Virginia Department of Transportation Preallocation Hearings and presented the County priorities. He suggested that this be done by resolution in the future. He also advised he did not include support for the Smart Highway in his comments. Supervisor Nickens suggested that there be a briefing at a future meeting for the new Board members. Mr. Hodge will bring back a report on April 14, 1992. ~ II"" 1" 75- March 24, 1992 SUDervisor Johnson: ( 1) Expressed concern regulations near Interstate 81 interchanges. regulations could hurt economic development. SUDervisor Eddv: (1) Commended the staff for the Tabletop Disaster exercise. (2) Announced he had attended Congressman Olin's Economic Conference on March 16. (3) Thanked Supervisor Kohinke and Assistant Director of Engineering & Inspections George Simpson for attending the preallocation hearings. (4) Advised he attended, a Savings Bond Kickoff Luncheon. (5) Asked if there was a policy regarding Board members attendance at the National Association of Counties (NACO) conference. Mr. Hodge responded that Board members have not attended that conference with the exception of former Supervisor McGraw who attended as VACo' s President at their expense. (6) Asked if Board members would like to assist fina~cially with his newsletter. about signage He felt the ~ I ):N RE: REPORTS After discussion of Items 1 and 4, Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. h Monthlv status ReDort on smith GaD Landfill proiect ~ Monthlv status ReDort on Water System Project ~ Status ReDort on the Western Reqional Forensic Science Laboratory. h Household Hazardous Waste Collection in Roanoke County I ~ ~ I I ..... March 24, 1992 176 ' ~ ~ ~ h General Fund UnaDDroDriated Balance CaDital Fund UnaDDroDriated Balance Board Continqencv Fund statement of Exgenditures and ReVenue as of March IN RE: 5,1992. RECESS At 4:20 p.m., Chairman Eddy declared a brief recess. IN RE: RECONVENEMENT At 4:35 p.m., Chairman Eddy reconvened. Members of the School Board and Superintendent Bayes Wilson were also present. IN RE: BUDGET WORK SESSION ~ County Budqet Mr. Hodge reported that the funding from the state improved considerably over projection in January and local revenues are projected to increase by $1.9 million. The tobacco tax was also approved by the General Assembly which will generate $300,000 for the schools. He outlined the highlights of the budget includin~: (1) balanced within present tax rates; (2) maintains all service levels; (3) continues or improves support of regional programs; (4) includes a 3% salary increase; (5) include funds to offset most of the expected increase in heal th care- costs; (6) includes $100,000 for economic development; (7) increases contribution to tourism from $25,000 to $35,000; (8) funds arts and human service agencies"at previous. levels; (9), proposes funding of.two ambulances: ....1 II"" 177 March 24, 1992 ~ and a refuse collection truck and (10) maintains the fund balance at its present level. He advised that there was a $150,000 net loss of state funds, primarily in the constitutional offices. He indicated that health care costs will not be as high as projected with a possible savings of $230,000 and recommended options for spending the projected savings, including an additional 1/2% salary increase. In response to questions from the Board members, Mr. Hodge advised there were approximately 640 employees and that he preferred that the salary adjustment be based on merit. He also advised that he had not received a response to the letter to other Valley governments asking for funding assistance for the Therapeutics Program. ~ School Board BUdqet School Board Chairman Frank Thomas reported that the state funding shortfall had been restored and the County ,schools will receive $2.8 million from the state. The School Board has also budgeted a 3% salary increase. They would like to use revenue from the tobacco tax to raise the salary increase by one-half percent for a total of 3-1/2%. They have also funded an increase in the School Board share of health care for their employees. School Superintendent Bayes Wilson presented a proposed Capital Improvement Budget of $1.8 million that would include roof replacement, completion of , site improvements at Cave Spring Junior High school, sewage system at Mason's Cove Elementary School, building renovations and kindergarten rooms at Green Valley ~ I I ~ I I ""II1II March 24, 1992 17 8 Elementary School, improvements to meet the Americans' with Disabilities Act; and Tennis court renovations at each high schooL Supervisor Nickens expressed concern about including funding for cable TV service when the schools don't have paper and other instructional supplies. Supervisor Eddy asked for more information on how the schools would utilize cable TV. Mr. Hodge suggested that the School Board and Supervisors discuss the potential of a bond issue at the April 6, 1992 meeting. ~ Volunteer Fire and Rescue Chiefs Fire and Rescue Chief Tommy Fuqua presented an overall picture of his department and what was already included in the proposed 1992-93 budget. Present for the Work Session were Chief Fuqua, Volunteer Fire Chief Gene Wagner, Volunteer Rescue Chief Howard Hartman and Deputy Fire and Rescue Chiefs Mark Light and Larry Logan. They presented their list of add-backs which were: (1) 1 pumper-Mason Cove ($240,000), (2) replace 2 ambulances-Mason Cove & Hollins ($l30,000)¡ (3) funding for voluntary rescue squads to equal level of voluntary fire ($92,500); (4) self-contained breathing apparatus ($60,000). Mr. Hodge advised that the County has added funding for the two ambulances and the breathing apparatus in the proposed budget. Chief Wagner reported that their top priority is for the pumper for the Mason Cove Fire Station and they will definitely need it by the time the Smith' Gap Landfill opens. Supervisor Minnix suggested that the Roanoke Valley Resource Authority might be willing, to assist: funding the,pumper-. Mr. Hodge responded he-:- '-'",:." ,,- ~ II"" 1',7: 9 March 24, 1992 will discuss this with members of the Authority and report back to the Board. IN RE: RECESS Chairman Eddy declared a dinner recess at 6:30 p.m. EVENING SESSION Mr. Hodge introduced members of Boy Scout Troop 209 who were in the audience. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance authorizinq the rezoninq of 1.0 acre from B-3 to B-2 to oDerate a firearms and fishinq equiDment store, located at 2965 Washinqton Avenue, vinton Maqisterial District UDon the Deti tion of Henrv Morgan. 0-32492-11 Planner Jon Hartley presented the staff report. He advised that the Planning Commission recommended approval of the petition. The staff recommended deleting the proffered condition r~garding reducing the parking to 14 spaces. No citizens were present to speak on the rezoning request. ( Supervisor Nickens reported that he had contacted the school system since the store will be located across from william Byrd Schools, and had also discussed the rezoning with Police Chief John Cease. He advised that neither were concerned about the location of the store and were more concerned about thè sale of unregulated firearms. ~ Supervisor Ni.ckens moved to approve the rezoning with the proffer regardiQg parking spaces deleted. The motion was carried ~ I I 1 I I ""II1II March 24, 1992 18 à by the following recorded vote: AYES: Supervisors JOhnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None ORDINANCE 32492-11 TO CHANGE THE ZONING CLASSIFICATION OF A 1.0 ACRE TRACT OF REAL ESTATE LOCATED AT 2965 WASHINGTON AVENUE (TAX MAP NO. 61.12-1-27) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-3 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF HENRY MORGAN WHEREAS, the first reading of this ordinance was held on February 25, 1992, and the second reading and public hearing was held March 24, 1992; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on March 3, 1992; 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 containing 1.0 acre, as described herein, and located at 2965 Washington Avenue, (Tax Map Number 61.12-1-27) in the vinton Magisterial District, is hereby changed from the zoning classification of B-3, Special Commercial District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Henry Horgan. 3. That the Owners, Kent E. Marsh and Gail C. Marsh, have vOluntarily proffered in writing the following conditions which the ~~"7··>."."t·.' .' --",...: ::. .;,','>-" -'-:..r . _ h ~ II"'" 18 1 March 24, 1992 ~ Board of Supervisors hereby accepts: (a) Recreational vehicles and campers for sale, inoperative truck, old tires, and trash on the site shall be removed prior to issuance of certificate of occupancy and business license. (b) Type D, Option 2 screening and buffering along the rear property line of the site. (c) The petitioner :Jhall reduce the parking to 14 apace:J. In addition, the petitioner shall provide interior landscaping on a minimum of 10 percent of the remaining graveled lot. (d) All on-site lighting shall be focused on the interior of the site so that it does not impact adjoining properties. (e) Any expansions to the existing buildings or any new construction on the site shall be limited to 40 feet in height. 4. That said real estate is more fully described as follows: I BEGINNING at an iron pin on the south right-of-way line of the stewartsville Road to a corner lot formerly owned by H. G. Jacobs; thence leaving the said road and with said Jacobs' lot 17 1/2 deg. E. 207 feet to a pin; thence leaving Jacobs' lot s. 76 1/2 deg. W. 224 feet to a pin; thence N. 14 1/2 deg. W. 185 feet to å pin on the south right-of-way line of said road and with the same N. 70 1/4 deg. E. 214 feet to the place of beginning and containing 1.0 acre, more or less. 5. 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 Nickens to adopt the ordinance, amending proffers to delete the first sentence in Item 3 (c), and AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, I carried by the following recorded vote: .... 1 I I ""'l1lI March 24, 1992 18'2 NAYS: None IN RE: EXECUTIVE SESSION At 7:20 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) discussion by legal counsel and briefings by staff members pertaining to a specific legal matter requiring the provision of legal advice, contractual negotiations with other political sUbdivisions ~egarding the Smith Gap Landfill; (7) consultation with legal counsel regarding a contract with the City of Roanoke; (1) discussion of personnel matters, and (7) consultation with legal counsel regarding pending litigation, i.e. 301 Gilmer Associates. The motion was carried by the following recorded vote: AYES: Supervisors ,Eddy, Robers, Johnson, Nickens, McGraw NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-32492-12 At 8: 50 p.m., Supervisor Johnson moved to return to Open Session and adopt the Certification Resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 32492-12 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 ~ ,. 183 March 24, 1992 to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson, and carried by the following recorded vote, : AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOURNMENT At 9:02 p.m., Supervisor Johnson moved to adjourn. The motion carried by voice ~ ~ I -I