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HomeMy WebLinkAbout9/13/1989 - Regular - ._------------~ l ) ~ ! I ~ , \ ~ t ¡ ¡ f September 12, 1989 11 1 ~ ===1 I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Bramb1eton Avenue, SW Roanoke, Virginia 24018 September 12, J: 9 a 9 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 September, 1989. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. 11 2 -~ September 12, 1989 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, Deputy Clerk; Anne Marie Fedder, Information Officer t:::=:: I:=::: I IN RE: OPENING CEREMONIES The invocation was given by John Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Bob Archer for his contributions to small business in the Roanoke Valley. R-91289-1 Bob Archer of Blue Ridge Beverage Company was present to receive the resolution. Mr. Archer was also President of the Virginia Small Business Advisory Board. Supervisor Garrett moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 91289-1 OF APPRECIATION TO BOB ARCHER FOR SUPPORT OF COMMUNITY LIFE IN THE ROANOKE VALLEY September 12, 1989 11 J == ===i WHEREAS, Bob Archer has contributed to the economic well-being of the entire Roanoke Valley, serving as the chairman of the Governor's Small Business Advisory Board, a member of the Board of Directors of Virginia Organized Industries for a Clean Environment, a member of the Board of Directors of the Roanoke Valley Convention and Visitor's Bureau, and a member of the Trade Center Task Force; and WHEREAS, Bob Archer has been supportive of various events in Roanoke County, including the Sesquicentennial Celebration and the All America City Celebration; and WHEREAS, Bob Archer has been active in his own industry, serving as a member of the Boards of Directors of the Virginia Wine Distribution Association and the Virginia Beer Wholesale Association. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby extend its appreciation to BOB ARCHER for his continued support of all aspects of community life in the Roanoke Valley. On motion of Supervisor Garrett, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, MCGraw, Nickens, Garrett NAYS: None ~ Recoqnition of contributors to the All America City Celebration. R-91289-2 11 4 September 12, 1989 Vice Chairman RODers recognized members of the County !:=:= staff who served on the All-America City Committee, representatives of Tanglewood Mall, television station WSLS-10, and other representatives who contributed to the success of the All-America City celebration held the weekend of August 25-27. A resolution of appreciation was presented to George Becker and Matt Brink from the Paramount Group and Tanglewood Mall for their special contributions. Supervisor Johnson moved to adopt the prepared resolution. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None RESOLUTION 91289-2 OF APPRECIATION TO TANGLEWOOD MALL AND THE PARAMOUNT GROUP WHEREAS, Tanglewood Mall has provided facilities, financial support, resources and expertise for County-wide activities, such as the Sesquicentennial Gala and the all America City Celebration; and WHEREAS, the management and staff of Tanglewood Mall, with their contributions of time, imagination and skill, have been an integral part of the success of these celebrations; and WHEREAS, the generosity and community spirit of Tanglewood, its staff and its parent group, the Paramount September 12, 1989 11 5 ~ ~ Corporation, is an outstanding example of corporate citizenship. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors, on behalf of itself, the County Staff and the Citizens of the County, does hereby extend its appreciation and gratitude to the management and staff of Tanglewood Mall for the assistance and contributions they have given to Roanoke county; and FURTHER, the Roanoke County Board of Supervisors wishes to recognize the specific contribution of Tanglewood Mall in the success of the All America City Celebration held August 25 - 27, 1989. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: NEW BUSINESS ~ Report on operations for the year ended June 30. 1989. A-91289-3 Finance Director Diane Hyatt presented the staff report, advising that Peat, Marwick, Main and Company is in the process of conducting the final phase of their audit procedures. The preliminary results show that the County generated additional funds of approximately $2,026,000 because of revenues collected in excess of the amount budgeted. Ms. Hyatt reported that when ",4:, 11 6 September 12, 1989 ~ the additional funds are added to our existing fund balance of $2,012,318, the undesignated fund balance will be $4,038,318 which is 6.93% of the general fund. Staff recommended that the additional $2,026,000 from 1988-89 operations be added to the I . existing fund balance. In response to a question from Supervisor Nickens, Ms. Hyatt advised that the money the County borrowed was invested and this offset the cost of borrowing. Chairman Garrett directed County Administrator Elmer Hodge to study the feasibility of a reduction in real estate taxes and to poll the citizens on whether they would prefer to maintain the current level of services with the current tax rates, reduce the tax rate and therefore the level of services or increase the level of services even if a tax rate increase is necessary. He asked Mr. Hodge to bring the results back to the Board in 39 to 45 days. Supervisor Nickens moved to approve the staff recommendation. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett NAYS: None ~ Approval of Economic Development Action Plan for 1989-90. R-91289-4 Economic Development Director Tim Gubala reported that September 12, 1989 11 7 ~ --¡ ==9 at previous work sessions, the board members requested an action plan to establish specific recommendations to improve economic development opportuni ties in Roanoke County. Staff now recommends that the Board take specific action including amending the Comprehensive Plan to include five sites of approximately 650 acres in the Principal Industrial Category; rezone seven sites of approximately 560 acres to Industrial District M-1, request the allocation of VDOT Secondary Road funds in the Six Year Plan to provide improved access to new sites; and to include water and sewer extensions in the Capital Improvement Plan for these sites. Mr. Gubala asked that the Board approve a resolution initiating the rezoning and plan amendment process with the Planning Commission, which will then be brought back to the Board. Staff would also like continue with pUblic-private partnerships to develop industrial sites. Supervisor Robers recommended that a special meeting be held with the Economic Development Advisory group to receive their comments. Supervisor Johnson noted that some of the si tes are inaccessible and directed staff to study the possibility of the costs involved, including additional staff, if the County went forward with "frontending" the access roads and water and sewer. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett 11 8 September 12, 1989 ~ NAYS: .None Þ= RESOLUTION 91289-4 FOR REZONING SITES FOR ECONOMIC DEVELOPMENT ACTION PLAN WHEREAS, Economic Development contributes to the welfare of Roanoke County by creating opportunities, jobs and tax revenue; and, WHEREAS, the prospects handled by the Virginia Department of Economic Development are shown industrial zoned and .;,.. "ready to go" developed sites; and, WHEREAS, the Board of Supervisors recognizes the importance of having developed industrial sites in Roanoke County; and, WHEREAS, public necessity, convenience, general welfare, or good zoning practice require that the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or change the regulations, district boundaries, or classification or property; and, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the staff to submit the necessary documents to the Planning Commission in order that potential industrial sites may be considered for rezoning and development. On motion of Supervisor Johnson to adopt resolution and approve action plan, seconded by Supervisor Nickens, and carried by the following recorded vote: September 12, 1989 11 9 - AYES: Supervisor JOhnson, Robers, McGraw, Nickens, Garrett = NAYS: None ~ Recommendations for Stormwater Manaqement Proqram. A-91289-5 Mr. Hodge reported that at the August 22nd meeting, Supervisor Johnson requested staff to prepare a report addressing stormwater management and ways the County can supplement or expand the current program. Staff recommended that the current drainage maintenance program be continued, that the proposed drainage ordinance be adopted in October, and that a proposal be brought to the Town of Vinton and Cities of Salem and Roanoke to develop a regional stormwater management program which will be the basis for a bond issue. Mr. Hodge advised that drainage problems must be addressed on a regional basis. In response to a question from Supervisor JOhnson, Mr. Hodge replied that the staff will contact the other localities to discuss the possibility of a regional stormwater management program and will bring back to the board a report including cost figures on an engineering study within the next 30 days. Supervisor Johnson moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None L.. Authorization to provide employee dental 12 0 September 12, 1989 , . insurance. == A-91289-6 Mr. Hodge reported that this request was postponed during the budget process. Staff now is requesting a dental insurance program for both County employees and school employees. The Plan will be implemented and funded by County administration for both groups in an effort to begin standardization between County and school employees. Mr. Hodge advised that at this time, staff was only requesting authorization to receive proposals for coverage to be effective January 1, 1990. Proposals will be brought back to the Board of Supervisors for approval. Director of Human Resources Keith Cook described the coverage of the proposed insurance plan. He advised that the cost estimates were based on rates in Roanoke City. Supervisor Nickens advised he was opposed to going forward because this should be included in the budget process and not added in the middle of the year. Supervisor McGraw moved to go forward with requests for proposal for dental insurance to be brought back to the Board for approval. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: Supervisor Nickens ~ Acceptance of state matching grant for implementation of a recycl ing proj ect throuqh the State Enerqy Conservation Proqram. September 12, 1989 12 1 ~ ==1 A-9l289-7 General Services Director Gardner Smith reported that this grant will expand the existing recycling program in West County. Supervisor McGraw moved to accept the grant. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Authorization to increase annual leave for county employees with over 20 years service. A-91289-8 Mr. Cook advised that when the Employee Handbook was approved in January 1989, the section on Annual Leave was not amended although several revisions were suggested by employees and the Employee Advisory Committee. A survey has been completed indicting that most localities provide additional annual leave benefits after twenty or more years of service. Staff is recommending an increase from eighteen to twenty-one days of annual leave for employees with twenty or more years of service. Supervisor Johnson asked about the additional liability to the County. Finance Director Diane Hyatt advised there is a cap on accumulation of annual leave so there should be no additional funds required. Supervisor Nickens moved to approve the staff recommendation. The motion was seconded by Supervisor McGraw, 122 September 12, 1989 ~ and carried by the following recorded vote: F= AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None ~ Request for expansion of the Campbell Hills Water System. A-91289-9 utility Director Clifford Craig reported that Roanoke County acquired the Campbell Hills Water System from Thomas Brothers, Inc. in December 1978 . The contract requires that Roanoke County pay 50% of the costs of any expansion. Thomas Brothers has made application for the developer of Section II of Campbell Hills, consisting of 12 lots. They will be expanding the existing water system, but the current system does not have adequate capacity to supply the required fire flow. They are requesting a waiver of the request for additional storage. Staff recommended that the Board approve the waiver with the condition that full storage facilities be installed prior to any subsequent development of this subdivision. Supervisor McGraw moved to approve the staff recommendation. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None !L.. Request from Hollins Fire & Rescue for Roanoke September 12, 1989 12 J - ~ounty matcninq funds to purchase a heavy squad truck. - A-91289-10 Fire and Rescue Chief Tommy Fuqua reported that the Hollins Fire and Rescue Department is proposing that Roanoke County provide a $50,000 grant that would be used toward the purchase of a $200,000 heavy-squad truck. The organization has received funding commi tments from several businesses and will raise the additional funds through community and business solicitations. Chief Fuqua advised that the Hollins Fire Department will pay one-half of the total cost upon delivery of the vehicle and will pay the balance over the following five years. Captain Wirt has also requested that Roanoke County provide $25,000 now and $5,000 per year over the following five years. Supervisor McGraw suggested that purchases such as this could be coordinated among the surrounding jurisdictions so that there are no duplication of expenses for the same equipment. Chief Fuqua also updated the Board on plans for the new Bonsack Fire station. Supervisor McGraw moved to approve the matching funds grant. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REQUESTS FOR PUBLIC HEARINGS AND FIRST READING OF 12 4 September 12, 1989 REZONING ORDINANCE - CONSENT AGENDA t:::::= Supervisor McGraw requested a separate vote for each petition. 1. Ordinance to change the zoning classification of a .409 acre tract of real estate located at 5449 Franklin Road (Tax Map No. 98-02-2- 9) in the Cave Spring Magisterial District from the zoning classification of B2 to the zoning classification of B3 with conditions and a special exception upon the application of Eagle Equipment Company. Supervisor McGraw moved to approve first reading and pUblic hearing of the ordinance. The motion was seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None 2. Ordinance to change the zoning classification of a .493 acre tract of real estate located northwest of the intersection of Peters Creek Road and Valleypointe Parkway in the Hollins Magisterial District from the zoning classification of A-l to the zoning classification of M-l with conditions and a special exception upon the application of Lingerfelt Development Corporation. Supervisor Johnson moved to approve first reading and public hearing date for the ordinance. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw September 12, 1989 12 5 IN RE: FIRST READING OF ORDINANCES = k Ordinance requestinq vacation of a 90rtion of a slope easement. varyinq in width from 30 to 50 feet. Fairway Forest Estates. Windsor Hills Maqisterial District. Director of Development and Inspections Arnold Covey presented the staff report. There was no discussion and no one was present to speak. Supervisor Garrett moved to approve first reading of the ordinance. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Ordinance requesting vacation of a 10 foot waterline easement. Odgen Professional Park. Cave Spr ing Maqisterial District. Mr. Covey presented the staff report. There was no discussion and no one was present to speak. Supervisor Robers moved to approve first reading of the ordinance. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw ~ Ordinance reauesting vacation of a 12 foot public utility easement. Castle Rock West Subdivision. Windsor Hills 12 6 September 12, 1989 ~ Maqisterial District. Mr. Covey presented the staff report. == There was no discussion and no one was present to speak on the ordinance. Supervisor Garrett moved to approve first reading of the ordinance. The motion was seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None L.. Ordinance requestinq vacation of a stormwater manaqement easement and access easement. Montclair Estate Subdivision. Catawba Maqisterial District. Mr. Covey presented the staff report. In response to a question from Supervisor McGraw, Mr. Covey replied this would be an improved drainage system. No one was present to speak on the ordinance. Supervisor McGraw moved to approve first reading of the ordinance. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None ~ Ordinance amendinq Section 12.34 of the Roanoke County Code to prevent payment of fines assessed under this section without proof of purchase of a County license decal. Mr. Mahoney reported that this ordinance will require that violators who have not purchased the required motor vehicle September 12, 1989 12 7 -: decal must now provide evidence that the decal has been purchased which in turn provides proof that personal property tax has been ~ paid. Supervisor Nickens moved to approve first reading of the ordinance. The motion was seconded by Supervisor MCGraw, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, MCGraw, Nickens, Garrett NAYS: None ~ Ordinance amendinq and readopting Chapter 12. Motor Vehicles and Traffic. Section 12-8. of the Roanoke County Code: adoptinq provisions of Title 46.2 and 18.2 of the Code of Virqinia. Mr. Mahoney advised that this ordinance will incorporate into the Roanoke County Code amendments that were passed in the 1989 General Assembly session. There was no discussion and no one was present to speak to the ordinance. Supervisor Johnson moved to approve first reading of the ordinance. The motion was seconded by Supervisor RObers, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Ordinance amendinq Sections 4-90. 4-97. 4-100 and 4-102. and repealinq Section 4-101 of Article V. Binqo Games and Raffles of Chapter 4. Amusements. 128';' September 12, 1989 Mr. Mahoney presented the staff report advising that these amendments include who can be involved in Bingo and Raffle activities and accounting certifications for certain Bingo games. It will bring the County Code into compliance with the state Code. There was no discussion and no one was present to speak on the ordinance. - === , Supervisor Garrett moved to approve first reading of the ordinance. The motion was seconded by Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisors Johnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE; PUBLIC HEARINGS AND FIRST READING OF ORDINANCES ~ Public Hearinq and FIrst Readinq of Ordinance concerninq issuance of not to exceed $1.115.000 qeneral obligation school bonds to finance certain capital projects for school purposes. Finance Director Diane Hyatt presented the report advising that the purpose of these bonds is to fund asbestos abatement and other major renovations. Due to time restrictions placed by the VPSA calendar, she requested that the Board dispense with second reading and adopt the ordinance. Supervisor Nickens moved to approve the first reading, dispense with the second reading and adopt the prepared ordinance. The motion was seconded by Supervisor JOhnson, and September 12, 1989 12 9 = carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None AN ORDINANCE 91289-11 AUTHORIZING THE ISSUANCE OF $1,115,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1989,OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY, AND SETTING FORTH THE FORM AND DETAILS THEREOF The Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is necessary and expedient to borrow $1,115,000 and to issue its general obligation bonds therefor ("Bonds") to finance certain capital projects for school purposes. The County has held a pUblic hearing on the issuance of the Bonds in accordance with the requirements of Section 15.1- 171.1 of the Code of Virginia of 1950, as amended ("Virginia Code"). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in the amount of $1,115,000 for the purpose of financing certain capital projects for school purposes. The issuance and sale of the Bonds upon terms established pursuant to this Ordinance is authorized. 2 . Sale of Bonds. It is determined to be in the best interest of the County and the Commonwealth of Virginia to accept the offer of the Virginia Public School Authority ("VPSA") to purchase the Bonds at par, upon the terms established pursuant to this Ordinance. The appropriate officers of the County are hereby authorized and directed to enter into a bond sale agreement with the VPSA providing for the sale of the Bonds to the VPSA ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "County of Roanoke General Obligation School Bonds, Series 1989", and shall bear interest payable semi-annually on June 15 and December 15, 13 0 September 12, 1989 - beginning June ~5, 1990, at the rates established in accordance with paragraph 4 of this Ordinance, and shall mature on December 15 in the years and amounts set forth in the Bond Sale Agreement. So long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached as Exhibit A. On 20 days' written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 or any integral multiple, as requested by the VPSA, in exchange for the temporary typewritten Bond. 4. Interest Rates. The County Administrator is hereby authorized and directed to accept the maturities and the interest rate or rates on the Bonds established by VPSA, provided that such interest rate or rates shall be such that the true interest cost of the Bonds to the County shall not exceed 9% per annum. As required by Section 15.1-186 (a) of the Virginia Code, the estimated interest rate on the Bonds is 7.0% and the estimated interest charges required to retire the Bonds is $1,014,650. 5. Payment: payinq Aqent and Reqistrar. For so long as the VPSA is the registered owner of the Bonds the following provisions shall apply: (a) all paYments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable June 15, December 15, or redemption date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11: 00 a.m. on the business day preceding such payment date; (b) all overdue payments of principal or interest shall bear interest at the applicable interest rate on the Bonds; and (c) Crestar Bank, Richmond, Virginia is designated as Bond Registrar and Paying Agent for the Bonds. = 6. Redemption. The Bonds are subject to optional redemption upon the terms and at the redemption prices set forth in the form of Bond attached as Exhibit A. So long as the Bonds are held by VPSA, the Bonds shall not be subject to redemption prior to maturity without the prior written consent of the VPSA. 7. Execution of the Bonds. The Chairman and the Clerk of the Board of Supervisors are authorized and directed to execute appropriate negotiable Bonds in the aggregate principal amount of $1,115,000 and to affix the seal of the County thereto. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the ===¡ ===¡ , September 12, 1989 13 1 Chairman and the Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. Pledqe of Full Faith and Credit. The full faith and credi t of the County are hereby irrevocably pledged for the paYment of principal of, premium, if any, and interest on the Bonds as the same become due and payable. There shall be levied and collected annually on all locally taxable property in the County an ad valorem tax sufficient to pay such principle, premium, if any, and interest as the same respectively become due and payable unless other funds are lawfully available and appropriated for the timely paYment thereof. 9. School Board Approval. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this Ordinance to be presented to the School Board of the County. The Bonds hereby authorized shall not be issued by the Board of Supervisors until the School Board of the County shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 10. Non-Arbitraqe Certificate and Tax Covenants. The appropriate officers and agents of the County are hereby authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of Section 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations relating to "arbitrage bonds." The Board of Supervisors of the County covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and Tax Covenants and that the County shall comply with the other covenants and representations contained therein. 11. Proceeds Aqreement. The appropriate officers of the County are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds among the County, the other participants in the VPSA bond sale, the VPSA, Public Financial Management, Inc., as investment manager and Central Fidelity Bank, as depository. 12. Filing of Ordinance and Publication of Notice. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the County and within ten days thereafter to câuse to be published once in a newspaper having general circulation in the County a notice setting forth ( 1) in brief and general terms the purposes for 13 2 September 12, 1989 WhiCh the Bonds are to be issued and (2) the amount of such Bonds. 1== F= , 13. Further Actions. Each member of the Board of Supervisors and all other officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection wi th the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. The Board of Supervisors, in accordance with Section 18.04 of the County's Charter dispenses with the requirement of two readings of this Ordinance. This Ordinance shall be an emergency measure and shall take effect immediately. On motion of Supervisor Nickens to approve ordinance and dispense with the second reading, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: SECOND READING OF ORDINANCES ~ Ordinance authorizinq the sale of .47+ acres in Southwest Industrial Park There was no discussion of the ordinance. Supervisor Nickens moved to adopt the ordinance. The motion was seconded by. Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 91289-12 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF .47 ACRE, MORE OR LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: September 12, 1989 13 3 ~, == ==9 - 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other pUblic uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on August 22, 1989; and a second reading was held on September 12, 1989, concerning the sale and disposition of .47 acre, more or less, in the Southwest Industrial Park; and 3. That offers having been received for said property, the offer of Timothy J. Thielecke to purchase .47 acre, more or less, for $11,750 is hereby accepted and all other offers are rejected; and 4. estate are to and 5. execute such That all proceeds from the sale of this real be allocated to the capital reserves of the County; That the County Administrator is authorized to documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ~ Ordinance authorizinq sale of 5.039 + acres in 13 4 September 12, 1989 ~ ~e Southwest Industrial Park. ¡::::= There was no discussion of this ordinance. Supervisor Johnson moved to adopt the prepared ordinance. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 91289-13 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 5.039 ACRES, HORE OR LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County,. Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on August 22, 1989; and a second reading was held on September 12, 1989, concerning the sale and disposition of 5.039 acres, more or less, in the Southwest Industrial Park; and 3. That offers having been received for said property, the offer of Gorman Howell and Sidney Maupin Jr. to purchase 5.039 acres, more or less, for $144,872 is hereby accepted and all other offers are rejected; and September 12, 1989 13 5 ---< 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County. The expenditure of a portion of these proceeds for road and utility improvements to Southwest Industrial Park is hereby authorized; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, McGraw, Nickens, Garrett NAYS: None ~ Adoption of Ordinance amending Article III. Sewer Use Standards. of Chapter 16. of the Roanoke County Code. Utility Director Clifford Craig advised that the 1972 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt the same ordinances and regulations that conform to those adopted by the City of Roanoke. Supervisor Nickens moved to adopt the prepared ordinance. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 91289-14 AMENDING AND 13 6 September 12, 1989 REENACTING ORDINANCE 62486-146, "SEWER USE STANDARDS" OF THE ROANOKE COUNTY CODE, BY AMENDING AND REENACTING CERTAIN EXISTING PROVISIONS AND ENACTING NEW PROVISIONS TO IMPROVE AND INCREASE PROTECTIVE PROGRAMS ¡---- : ' WHEREAS, the ci ty of Roanoke owns and operates the Roanoke Regional Treatment Plant; and WHEREAS, Roanoke County is a user of the Roanoke Regional Treatment Plant and is required to establish and enforce a pretreatment program as required by the united states Environmental Protection Agency; and WHEREAS, the 1972 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt such ordinances and regulations to conform to those of the City as required by EPA; and WHEREAS, Chapter 18 of the recently recodified Roanoke County Code (1985) incorporates the provisions of Chapter 16 of the 1971 Roanoke County Code; and WHEREAS, this ordinance amends Ordinance 62486-146 adopted on June 24, 1986, in order to meet the requirements of the State Water Control Board, the EPA, and the aforesaid agreement; and WHEREAS, the first reading of this ordinance was held on August 22, 1989; the second reading of this ordinance was held on September 12, 1989. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: September 12, 1989 137,_ ~ 1. That Article III. Chapter 16 of the Roanoke - County Code of 1971 (Chapter 18 of the Roanoke County Code of 1985) be, and hereby is, amended and reenacted to read and provide as follows: Chapter 16. Article III. Sewer Use Standards Sec. 16-44. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: * * * * Discharqe - Any introduction of substances into the sanitary sewer. * * * * Industrial user - Any govcrnmcntal user of publicly owned treatment works identified in the Standard Industrial Classification Manual, ~ 1987, Office of Management and Budget, as amended and supplemented, under divisions A, B, D, E, and I, including governmental facilities that discharge wastewater to the plant. * * * * Interference A discharqe which. alone or in coni unction with a discharqe or discharqes from other sources. (1) inhibits or disrupts the plant. its treatment processes or operations. or its sludge processes. use or disposal; or (2) causes a violation of the plant's VPDES permit. * * * * National categorical pretreatment standard or pretreatment standard means any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. ~ 1317) and 40 C.F.R. Subchapter N (Parts 401-471) as amended. which applies to a specific category of industrial users. "* * * * Pass throuqh - A discharge which exits the plant into water of the United states in quantities which may cause a violation of the plant's VPDES permit. * * * * Sec. 16-45. General Requirements. (a) All discharges into public sewers shall conform to requirements of this article; however, the federal categorical 13 8 September 12, 1989 - pretreatment standards or any standards imposed by the state water control board or its successor in authority are hereby incorporated by reference where applicable and where such standards are hi!hcr more strinqent than those set forth in this article. 1.gl the approving authorized to discharqe. * * * * In the event of an emerqency. as determined bY authority. the approvinq authority shall be immediately halt any actual or threatened lhl A person discharqinq in violation of the provisions of this article. within thirty l30} days of the date of such discharge. shall sample. analyze and submit the data to the approvinq authority unless the approvinq authority elects to perform such sampling. Sec. 16-52. Discharge of substances capable of imairing, etc. facilities. * * * * 1.gl No person shall discharqe into the public sewers 9011utants which cause interference or pass through. lhl No person shall discharge into the public sewers pollutants with a hiqh flow rate or concentration of conventional pollutants as to interfere with the 91ant. Sec. 16-53. Right to require pretreatment and control of, or to reject discharges. * * * * ill No person shall utilize dilution as a means of treatment. Sec. 16-56. discharges. Measurement, sampling, etc., and report of * * * * (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with the lateot edition of "St;lndard Methodo for Examination of WAter ;lnd W;lote\iater, " publiohed jointly by the Amerioûn Publio He;llth Aooooiûtion, the Amerioûn Water Worko Aooooiûtion and the Water rollution Control Federation. 40 C.F.R. Part 136. as amended. * * * * (e) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hour sample. For oil and qrease. pH. phenols. cyanide. volatile toxic organic and other September 12, 1989 13 9 - appropriate pollutants. property arab sampling shall be performed. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. * * * * lil All owners of facilities qoverned by this article shall COm91Y with the applicable requirements of 40 C.F.R. 403.12. as amended. which is incorporated bv reference herein. including. without limitation. the siqnatory: certification and record keepinq requirements of 40 C.F.R. 403.12(c). (d). (i)~ and (1). All records shall be retained for a minimum of three _ears and this retention period shall be extended durinq litiqation or upon request of the approvinq authority. Sec. 16-57. Discharge permits for industrial waste. (a) The County may, in its sole discretion, grant a non-transferable permit to discharge to industrial users who meet the criteria of this chapter, provided that the industry: * * * * (5) Complies with the requirements of federal categorical standards, where applicable, including the development of any required compliance schedules or the applicable provisions of this article. 1& The approvinq authority shall have the riqht to accept or re1ect any increases in flow or pollutants under existinq or new µermits. - Sec. 16-64. Right of entry to enforce article. (a) The approving authority and other duly authorized employees of the county bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this article for sampling purposes. inspect monitorinq equipment and to inspect and copy all documents relevant to the enforcement of this article. includinq. without limitation. monitorinq reports. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. * * * * 1.Ql Appropriate information submitted to the approving authority pursuant to these regulations excluding any information utilized in determing effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each paqe containinq such information. If a claim is asserted. the information shall be treated in accordance with applicable law. 1 4 0 -~ September 12, 1989 - - Sec. 16-66. Notice of violations. The County shall serve persons discharging in violation of this article with written notice stating the nature of the violation and pr~·iãing a time limit of ninety (90) ãaya for aatiafaotor}· oomplianoe, if no eWJironmantal de~radation oooura ao a reault of the violation. The appro"Jin~ authority ohall have the right to reduoe the time required to obtain oatiofaotory oomplianoe, depending an tho amount of on\·ironmental de~radntion ooourring ao a reoult of the ....iolation. requiring immediate satisfactory compliance. The approving authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a news9aper of qeneral circulation in the Roanoke area a list of persons which were not in compliance with the terms of this Article at least once during the twelve (12) previous months. Sec. 16-67. Penalty for violations. (~) A perDon who oontinueD prohibited dioohnrgeo, beyond the time preDoribed in tho notioe given purounnt to seotion 16 66, for the firot time ia guilty of a miodemennor nnd upon oon\·iotion io puniDhnble by a fine of not more thnn biO hundred dollarc ($200) for eaoh not of violntion and for onoh dny of viol~tion. The Deoond nnd DubDequent offenDec are punichable by a fine of five hundred dollnrc ($500) for each act of ....iolation and for each day of the violation. After the third offence, the approving authority ahall hn7c the right to terminate the cewer ~nd water conneotion. ~ A person who violates the provisions of this article shall be QUilty of a class 1 misdemeanor and upon conviction is punishable by a fine of one thousand dollars ($1. 000) per violation per day and confinement in j ail for not more than twelve months. ei ther or both. In the event of a violation. the approvinq authority shall also have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of sub- section (a) of this section, the county is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statutes or other ordinances of the county against a person continuing prohibited discharges, includinq. without limitation. injunctive relief. Sec. 16-69. Public access to data. Effluent data authority's pretreatment complied proqram as part shall be of the approving available to the September 12, 1989 1" 1 ===::j ===j public. 2. This ordinance shall be in full force and effect from and after October 1, 1989. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, McGraw, Nickens, Garrett NAYS: None IN RE; REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR JOHNSON: Expressed sYmpathy upon the death of former Board member May Johnson and directed that the family be contacted at the appropriate time to attend a board meeting for appropriate recognition of Mrs. Johnson's contributions. SUPERVISOR ROBERS: Congratulated the Roanoke Regional Airport Commission on the success of the Airport gala held on September 8 and on the opening ceremonies of the new terminal. SUPERVISOR NICIŒNS: Discussed the impact on the proposed Police Department on the Town of Vinton. Supervisor Nickens moved the Board pass a prepared resolution amended with the inclusion under No. 1 that Roanoke County will assure the Town of Vinton that there will be no loss of funding if a Police Department is established, and that the resolution be sent to Vinton Town Officials. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: 1 4 2 -~ September 12, 1989 ~ AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett 1== NAYS: None R-9l289-l5 RESOLUTION 91289-15 CONCERNING THE IMPACT OF A POLICE DEPARTMENT ON THE TOWN OF VINTON WHEREAS, On August 22, 1989, the Board of Supervisors of Roanoke County, Virginia adopted a resolution requesting the Circui t Court of Roanoke County to order an election on the question of establishing a police force in Roanoke County; and WHEREAS, the Board has also requested that the General Assembly take the necessary action to ensure that Roanoke County receives the same level of funding that it receives if a pOlice department is established; and WHEREAS, the Board wishes to assure the Town of Vinton that there will be no negative impact on its law enforcement if a police department is established. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. a. That the General Assembly be requested to take the necessary action to ensure that the Town of Vinton receives the same level of funding as it currently receives, and b. that Roanoke County assures the Town of Vinton that it will lose no funding. 2. That any mutual aid agreements presently in force September 12, 1989 14 3 ~ - between the Town of Vinton and the County of Roanoke will continue. - 3. That the Roanoke County Administrator be authorized to negotiate an interjurisdictional agreement with the appropriate officials in the Town of Vinton whereby the Roanoke County may extend law enforcement coverage into the Town of Vinton and the Town of Vinton may extend law enforcement coverage into the County of Roanoke. On motion of Supervisor Nickens with inclusion of amendment #l.b, seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisor JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None SUPERVISOR MCGRAW: Announced he had met with the Grayson Commission. He expressed concern that the Commission will not put forth strong incentives for cooperation and consolidation. SUPERVISOR GARRETT: Commended Supervisor McGraw on his work with the Grayson Commission. IN RE: CONSENT AGENDA R-91289-l6 Supervisor Nickens moved to approve the Consent Agenda after discussion on Items 1 and 3. Supervisor Nickens asked what the limitation was on 14 4 September 12, 1989 ~ cash wlnn1ngs ot a raffle permit. He asked that the Oak Grove Elementary School be informed of the limit for the jackpot. The motion was seconded by Supervisor Johnson, and - carried by the following recorded vote: AYES: Supervisors JOhnson, Robers, MCGraw, Nickens, Garrett NAYS: None RESOLUTION NO. 91289-16 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for September 12, 1989, designated as Item L - consent Agenda, be, and hereby is, approved and concurred in as to each item separately set forth in said section designated as Item 1 - 6, inclusive, as follows: 1. Authorization to begin proceedings to enforce Queen's Court Subdivision. appropriate legal agreement concerning 2. Approval of Raffle Permit School. Cave Spring High 3. Approval of Raffle Permit - Oak Grove Elementary School P.T.A. LETTER TO OAK GROVE PTA SHOULD EMPHASIZE THAT MAXIMUM JACKPOT SHOULD NOT EXCEED $1,000. 4. Appropriation of federal grant funds to the 1989- 90 Roanoke County Schools' Budget. 5. Acceptance of 0.32 miles of Fallowater Lane, into the VDOT Secondary System. September 12, 1989 1" 5 --.. 6. Acceptance of a sanitary sewer easement being donated by Danford M. DeShields, Jr. and Fannie Hope DeShields. ====; 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 with Items L-l and L-3 removed for discussion, seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisor Johnson, RObers, MCGraw, Nickens, Garrett NAYS: None IN REi CITIZENS' COMMENTS AND COMMUNICATIONS 1. Alfred Powell, 3440 Franklin Street, spoke in opposition to the Police Department referendum. He expressed concern about the fact that the issue was not included in the published agenda which meant that citizens did not have an opportunity to speak to the issue. He felt that the Board used dissatisfaction with the current Sheriff to eliminate an elected officials. Supervisor Johnson responded to Mr. Powell's comments and advised that the voters will have an opportunity to determine what will be best in the referendum to establish a police department. The other board members also responded and Supervisor Nickens expressed appreciation to Mr. Powell for his interest and participation. 14 6 .. September 12, 1989 - === .u" !US; REPORTS supervisor Johnson moved to receive and file the following reports. The motion was seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens~ Garrett NAYS: None 1. Board Contingency Fund. 2. Capital fund Unappropriated Balance. 3. General Fund Unappropriated Balance. 4. Statement of Expenditures and Income Analysis for month of July 3l, 1989. 5. Accounts Paid - August, 1989 6. Report on impact of County Police Department on the Town of vinton. IN REi EXECUTIVE SESSION At 5: 17 p. m. , Supervisor Garrett moved to go into Executive session pursuant to the Code of Virginia 2.1-344 (a) 7, to discuss a specific legal matter requiring the provision of legal advice concerning Consolidation; and 2.1-344 (a) 3, to discuss the disposition of publicly held real estate for economic development purposes. The motion was seconded by Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION September 12, 1989 147 -----. -----. R-9l289-l7 At 5:45 p.m., Supervisor Garrett moved to return to Open Session and adoption of a resolution certificating Executive Session. The motion was seconded by Supervisor JOhnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw RESOLUTION R-9l289-l7 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 were 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 14 8 September 12, 1989 - 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 Garrett, seconded by Supervisor Johnson and carried by the following recorded vote: , . AYES: Supervisors JOhnson, Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor McGraw IN RE: ADJOURNMENT At 5:17 p.m. Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Nickens, and carried by a unanimous voice vote. . ..r.~:\I,~' f;': !': ga~l( Garrett, Chairman -