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1/9/1990 - Regular January 9, 1990 013 = Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 9, 1990 The Roanoke County 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 January, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. 014 January 9, 1990 - = Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Fedder, Information Officer IN RE: OPENING CEREMONIES The invocation was given by Assistant County Administrator John Chambliss. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Eddy requested that three items be added under Reports and Inquiries of Board Members. County Administrator Elmer Hodge requested an Executive Session concerning consolidation and the sewer agreement. Supervisor Nickens requested an Executive Session concerning consolidation and the Town of Vinton. Supervisor Robers requested several items be added under Reports and Inquiries of Board Members. IN RE PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS January 9, 1990 ·015 Chairman Robers recognized several students from Glenvar High School who were attending the meeting. IN RE: NEW BUSINESS 1. ADDropriation of Funds to cover Hurricane Related Expenses. A-1990-1 Diane Hyatt, Director of Finance, reported that in September 1989 the County experienced extensive wind damage as a result of Hurricane Hugo, and that the staff was directed to proceed with cleanup and report back to the Board when all expenditures had been accumulated. She advised that the cleanup costs amounted to $109,000 and recommended appropriating these costs from the unappropriated balance. In response to a question from Supervisor Eddy, Mr. Hodge advised that in order to collect funds from FEMA, the state must declare Roanoke County a disaster. In response to questions from Supervisors McGraw and Nickens, Mr. Hodge advised there are no funds set aside for such emergencies and the County does not have insurance to cover these expenses. Supervisor Nickens moved to appropriate $109,000 to cover the Hurricane Hugo expenses. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers 016 January 9, 1990 - NAYS: - None 2. Reauest for 60 day extension to Durchase Lloyd ProDerty A-1990-2 Mr. Hodge reported that the Board adopted an ordinance on June 27, 1989 accepting an offer and authorizing the sale of 37.86 acres of real estate in Salem. The contract was subject to the availability of public utilities, zoning and completion of a satisfactory environmental investigation, and the purchaser has not yet been able to resolve all of these conditions. A two- month extension of the contract was previously granted and they are now requested an additional 60 day extension. Supervisor Johnson moved to grant the sixty day extension. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None 3. Reauest from Mental Health Association of Roanoke Valley for resolution of sUDDort for increased state funding for community based services for the mentally ill. mentally retarded. and substance abusers. R-1990-3 There was no discussion of this request. Supervisor McGraw moved adopt the prepared resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers January 9, 1990 017 NAYS: None RESOLUTION 1990-3 OF SUPPORT FOR INCREASED STATE FUNDING FOR COMMUNITY BASED SERVICES FOR THE MENTALLY ILL, MENTALLY RETARDED AND SUBSTANCE ABUSERS WHEREAS, the Roanoke County Board of Supervisors is greatly concerned about the citizens in needs of mental health, mental retardation, and substance abuse services; and WHEREAS, many local citizens are on waiting lists for residential services and are in need of associated support services provided by the Community Services Board, and many of these citizens have been waiting for several years; and WHEREAS, Roanoke County provides significant funding for these services through local taxes; and WHEREAS, the lack of adequate treatment resources is not unique to Roanoke County but is pervasive throughout the Commonwealth of Virginia; and NOW THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors urges the Governor and the General Assembly to consider the funding of services for mentally disabled citizens among the top priorities for the 1990-1992 Biennium. ·018 January 9, 1990 On motion of Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 4. Protest of Bid Award. Hauling Leachate Water by Construction and Environmental Services. Inc. Ed Natt, attorney for Construction and Environmental Services, Inc., reported that his client had taken steps to incorporate and acquire a place of business in anticipation of moving forward in the business of waste management. However, at the time of the bid process, his client did not own or have leases for equipment or insurance for the equipment and did not have a business license or SCC licensing approval. Mr. Natt advised that the bid was awarded to another vendor because of this. His client would now like to withdraw the protest. Supervisor Johnson moved to allow Construction and Environmental Services, Inc. to withdraw their protest of the bid award. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: REQUEST FOR WORK SESSIONS 1. Reauest for a ioint work session with the Planning Commission to discuss revisions to the Roanoke County Siqn January 9, 1990 01 9 Regula-cions. Supervisor Nickens asked for a copy of the draft ordinance to be given to the board members in advance of the work session. Supervisor Nickens moved to set the work session on February 13, 1990. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, JOhnson, McGraw, Nickens, Robers None IN RE:. REQUESTS FOR PUBLIC HEARINGS ~ Reauest for Public Hearinq for Secondary Road Six- Year Construction Plan (1990-1996) Supervisor Eddy requested that copies of the Six-Year plan be placed in the County libraries, that advertisements reflect this, and also requested a work session following the pUblic hearing on February 13, 1990. Supervisor Nickens moved to set the public hearing on January 23, 1990. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Johnson, McGraw, Nickens, Robers None IN RE: FIRST READING OF ORDINANCES 02 0 January 9, 1990 - '= ~ Ordinance acceptinq the offer of and authorizing the Execution of Lease of Real Estate for the Roanoke County Library located on Bent Mountain. 0-1990-4 Assistant County Administrator John Chambliss reported that due to renovations at Bent Mountain School, the library located there must be moved. Staff has obtained a lease for the old Bent Mountain post office at $150 a month plus utilities. The staff recommendation was to accept the lease. Supervisor Eddy moved to approve first reading, waive the second reading and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, MCGraw, Nickens, Robers NAYS: None ORDINANCE 1990-4 ACCEPTING THE OFFER OF AND AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE FOR THE ROANOKE COUNTY LIBRARY LOCATED ON BENT MOUNTAIN BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of a building for library purposes, shall be accomplished by ordinance; and 2. That pursuant to the provisions of Section 18.04 of 02 1 January 9, 1990 = the Charter of Roanoke County, the first reading on this ordinance was held on January 9, 1990, and the second reading was held on January 23, 1990, concerning the lease of a building for the use of the Roanoke County library (Bent Mountain branch library) located on Bent Mountain, together with all appurtenances thereto belonging; and 3. That this lease is with I. Boyd Overstreet for a building located at 10402 Bent Mountain Road on a month-to-month basis for a rent of One Hundred Fifty Dollars ($l50) per month, plus utilities; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference; and 5. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Eddy to waive second reading and adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance authorizinq the execution of a lease of real estate. Office SDace for the Roanoke County Department of Social Services located in the city of Salem. Mr. Chambliss advised that the current lease at the 022 January 9, 1990 Salem Bank and Trust Building expires February 28, 1990. A new five-year lease has been negotiated at $7.10 per square foot, increasing by 25 cents annually for five years. Five years would allow a transition period should consolidation occur. Staff recommended approval of the lease for five years. Supervisor McGraw asked if it was possible to use the old William Byrd School. Supervisor Nickens advised that all the office space is currently being used at that facility. Supervisor McGraw asked Mr. Hodge to investigate to ensure that there is no available space at William Byrd. Supervisor Eddy asked for the comparative costs between a five-year and three- year lease. Supervisor Johnson moved first reading and that the staff bring back answers to the board's questions at the second reading. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None = IN RE: APPOINTMENTS ~ Librarv Board Supervisor Johnson nominated Dr. Norma Jean Peters, Hollins Magisterial District to serve another four year term. ~ Mental Health Services of the Roanoke Valley Community Services Board. Supervisor Eddy recommended ratification of the Reverend Clay H. Turner, an at-large appointment, representing January 9, 1990 023 J -cne t1ve participating localities. ~ TransDortation and Safety Commission Supervisor Eddy nominated Henry Gregory to fill the unexpired four-year term of May Johnson. .L.. Court Service Unit Advisorv Council/Youth and FamilY Services Advisorv Board Following discussion on this committee, the County Administrator was directed to contact Michael Lazzuri, Director of Court Services to ascertain the status the this committee and report back to the Board of Supervisors. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor EddY: (1) Expressed concerns about the use of tax funds for Roanoke County Today and the timeliness of using a newspaper supplement. He moved that a citizen survey be conducted to assess the effectiveness of the newsletter. Supervisor Nickens offered a substitute motion that a work session be set to discuss the effectiveness of Roanoke County Today and that board members offer suggestions to the Public Information Officer for improving the newsletter. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Nickens, Robers NAYS: Supervisors Johnson, McGraw (2) Moved that a resolution be prepared for January 23, 1990 asking for Board support to the General Assembly for tax-exempt 02 4 January 9, 1990 status for Roanoke Rebos, a nonprofit organization. The motion passed by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None (3) Expressed concern about the high increases in real state assessment and asked the County Attorney to investigate the possibility of setting a cap on increases. Director of Real Estate Assessments John Willey was present to respond to questions regarding the recent assessment. Supervisors McGraw and Johnson advised they felt that assessments should reflect the value of property and that the Board of Supervisors can adjust the cost to citizens through the real estate tax rate. Supervisor Nickens pointed out there are several appeals processes in place. County Attorney Paul Mahoney reviewed the code requirements and state constitutions regarding assessments Supervisor McGraw: (1) requested that questions asked at the informational meetings be answered before there is a pUblic hearing on the proposed consolidation agreement. (2) Moved that the Board of Supervisors support the Grayson Commissions recommendations to the General Assembly instead of the VACo/VML Task Force recommendations. He explained the difference between the two recommendations. Supervisor Eddy responded that he did not know enough about the two proposals to make an informed vote. The motion carried by the following recorded vote: January 9, 1990 025 AYES: NAYS: ABSTAIN: Supervisors McGraw, Johnson, Nickens and Robers None Supervisor Eddy Supervisor Johnson: advised that he felt the recent reassessments will generate additional revenue and proposed a one-cent per year reduction on the real estate tax rate. He requested that this issue be discussed at the Board retreat and during the budget process. Supervisor Eddy suggested looking at expenditure reductions also. Supervisor McGraw advised he would prefer the additional revenue be used to increase salaries, expand the recycling program, and to fund school programs and economic development. SUDervisor Robers: read a statement he plans to present to the Regional Airport Commission recommending the establishment of an advisory board that would advise the commission on (1) methods and alternatives to attract new carriers, (2) the best marketing methods, (3) the best utilization of the facility, (4) use of the facility in economic development efforts, (5) how to take advantage of future technology advances, and (6) how to best serve those who use the airport. He recommended who he felt should serve on such a board. IN RE: CONSENT AGENDA R-1990-5 026 January 9, 1990 Supervisor McGraw asked that Item 2 be removed for a separate vote. Supervisor Eddy asked the County Attorney to investigate the possibility of taxing bingo profits. Supervisor Johnson moved to approve the Consent Agenda with Item 2 removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None Supervisor Johnson moved to approve Item 2. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw RESOLUTION NO. 1990-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for January 9, 1990, 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 4, inclusive, as follows: 1. Ratification of Board memberships of Committees, Commissions and Boards. January 9, 1990 02 7 2. Approval of Bingo Permit for the Loyal Order of Moose Lodge No. 284. 3. Approval of Bingo Permit for the Vinton Moose Lodge. 4. Acceptance of Williamsburg Court and Stonewood Drive into the Secondary System by the Virginia Department of Transportation. 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, with Item 2 removed for a separate vote and the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Item 2 on motion of Supervisor Johnson and the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisor McGraw IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. BOB WILLIAMS. 1015 CHESTNUT MOUNTAIN DR. VINTON spoke representing Pondersoa Adult Homes. He requested an extension of the water line so that a sprinkler system could be installed at the adult home. He also requested a waiver of the hookup fee. Supervisor Johnson requested Mr. Hodge to investigate 02 R January 9, 1990 and report back to the Board. Supervisor Nickens suggested he also make his problems known to the General Assembly. IN RE: REPORTS Supervisor Eddy asked the County Attorney to investigate whether the County Administrator is authorized to use the Board Contingency Fund without Board approval. Mr. Mahoney responded that the County Administrator has the authority to transfer up to $10,000 between various accounts. Supervisor Nickens moved to receive and file the following reports after discussion of Item 3. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Statement of Expenditures and Income Analysis - November 30, 1989. IN RE: OTHER BUSINESS Supervisor McGraw asked that Penn Forest and Glen Cove Schools be recognized at a future meeting for being nominated for special recognition. January 9, 1990 02 9 Supervisor McGraw also asked that a report be brought to the next Resource authority comparing maintenance costs between a new access road to Smith Gap and Bradshaw Road. IN RE: EXECUTIVE SESSION At 5:10 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 a to discuss specific legal matters requiring provision of legal advice and briefing by staff members concerning (1) consolidation in accordance with Section 2.1-344 (7) and (2) sewer agreement with Roanoke City in accordance with Section 2.1- 344 (a) (7). The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-1990-6 At 7:25 p.m., Supervisor Johnson moved to return to open session and certify the Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Eddy, JOhnson, McGraw, Nickens, Robers NAYS: None RESOLUTION 1990-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA 03 0 January 9, 1990 r--- WHEREAS, the Board of Supervisors of Roanoke County, - Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia that such executive meeting was conducted in conformity with Virginia Law. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were 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 upon the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Nickens, Robers NAYS: None IN RE: OTHER BUSINESS 1. Setting of Public Hearinqs on Proposed Consolidation Aqreement. January 9, 1990 ·031 ~ Supervisor Johnson moved that the Board of Supervisors convene in Special Session on February 20, 1989 at 7:00 p.m. at the Administration Center for the purposes of a public hearing on the consolidation agreement with the City of Roanoke. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None 2. AdoDtion of a motion concerninq the Town of Vinton Supervisor Nickens moved that notwithstanding proposed legislation which may be adopted by the 1990 session of the Virginia General Assembly pursuant to the recommendations of the Commission on Local Government Structures and Relationships, the Roanoke County Board of Supervisors agrees that if the Town of VInton seeks a boundary adjustment or annexation in December 1990, such action may be taken under the same regulations that exists under state statutes in December 1989. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, McGraw, Nickens, Robers NAYS: None IN RE: ADJOURNMENT At 7:35 p.m. Supervisor Johnson moved to adjourn to 8:00 a.m., January 20, 1990 at the Holiday Inn Tanglewood for the purpose of a Board retreat. The motion carried by a unanimous 032 January 9, 1990 voice vote. - R~rs. Chairman