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HomeMy WebLinkAbout7/14/1987 - RegularO~ ROANp~~ a A ti~ p 2 ~ ~ 2 0 a 18 E50 88 SFSQVICENTENN~P~ d l3eauti~ull3eginnin~; C~nitnt~ of ~nttnokr BOARD OF SUPERVISORS COUNTY ADMINISTRATOR ELMER C. HODGE Mr. Hugh D. Key 5355 Black Bear Lane, SW Roanoke, Virginia 24018 Dear Mr. Key: BOF3 JOHNSON. CHAIRMAN HOLLINS h1Al.IS TERIAL UIS TRICT LEE GARRETT. VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT ALAN H. BRITTLE July 16 , 19 8 7 CAVE SPRING MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWE3A MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT The Board of Supervisors have asked me to express their sincere appreciation for your previous service to the Recreation Commission. Allow me to personally thank you for the time you served on this Board. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Very truly yours Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh cc: Steve Carpenter, Director Parks & Recreation P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 98 (703> 772-2004 ~~ ; ~' Z ~ v a2 i ' ~~ i'4 ~ ~ ,t.- ~ ~ ~~4~ ~~ 150 p Q 18 rrans 88 ~ - ~. SFSQUICEN7ENN~P~ ROANOKE COUNTY BOARD OF SUPERVISORS A Beauti~ul Beginning ACTION AGENDA JULY 14, 1987 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday of the month at 2:0.0 p.m., and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at _7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. (There is a Public Hearing scheduled for this afternoon.) A. OPENING CEREMONIES (2:00 P.M.) 1. Roll Call. 2. Invocation: .The Reverend William E. Eicher Poages Mill Church of the Brethren 3. Pledge of Allegiance to the United States Flag. B. WORK SESSIONS 1. Street Light Study. FOLLOWUP REPORT in 30 - 45 DAYS INCLUDING URBAN VS. RURAL, PRIVATE SECTOR HELP, REQUIRING DEVELOPERS TO INSTALL STREET LIGHTS, COST SAVINGS IN CONVERSION 2. Methods of Refuse Collection. ACTION TAKEN AS ITEM F-8 3. Water System Acquisitions. ACTION TAKEN AS ITEM F-9 C. COUNTY ADMINISTRATOR'S COMMENTS 1. INTRODUCTION OF GARDNER SMITH, DIRECTOR OF GENERAL SERVICES 2. CAPTAIN WADE GAVE ANNUAL REPORT ON TRANSPORTATION SAFETY COMMISSION AND PRESENTED ACHIEVEMENT AWARD TO ROANOKE COUNTY. 3. TIM GUBALA PRESENTED STREET SIGN PLAQUES TO BOARD MEMBERS D. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. AHB ADDED ITEM N-7 - CONFIRMATION OF COMMITTEE APPOINTMENT BLJ ADDED ITEM L-2 - APPOINTMENT OF BLUE RIBBON COMMISSION TO STUDY DELIVERY OF SERVICES ECH MOVED ITEM F-2 TO BE HEARD FOLLOWING ITEM Q (EXECUTIVE SESSION) E. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of Congratulations to the Roanoke County/ Salem Jail Personnel. BLJ/SAM - URC F. NEW BUSINESS 1. Update on the Explore Project. BLJ/HCN TO SUPPORT EXPLORE PROJECT AND INFORM GOVERNOR AND AREA LEGISLATORS OF COUNTY'S SUPPORT 2. Old Courthouse Litigation. ACTION TAKEN FOLLOWING EXECUTIVE SESSION 3. Request for funding for Human Service Agencies. SAM/BLJ TO APPROVE AYES: AHB,LG,SAM,BLJ ABSTAIN: HCN 4. Request for approval of refund of Industrial Development Bonds for: a. Fralin & Waldron Commercial Rental II b. Fralin & Waldron Office Park II HCN/LG TO APPROVE - URC 5. Claim of Tim Edmondson. BLJ/SAM TO DENY CLAIM - URC 6. Protest of Bid by Oxford Services. LG/SAM TO DENY PROTEST - URC 7. Protest of Bid by Valley Communications. 2 AHB/SAM TO TABLE UNTIL AUG. 11, 1987 AT ATTORNEY'S REQUEST 8. Approval of Automated One-man Refuse Collection SAM/HCN TO APPROVE - URC 9. Approval of the following Water System Acquisitions: a. Cherokee Hills b. Crescent Heights c. Sherry Court d. Forest Edge e. Carriage Hills AHB/SAM TO APPROVE STAFF RECOMMENDATION AYES: AHB,LG,SAM,BLJ NAYS: HCN G. REQUEST FOR WORK SESSIONS H. REQUESTS FOR PUBLIC HEARINGS PMM - REQUESTED THAT PETITION OF JERRY W. BUSH AND JANAT L. BUSH TO VACATE PLAT OF RAMSGATE COURT SUBDIVISION WHICH WAS WITHDRAWN ON JUNE 23, 1987 BE HEARD JULY 28, 1987 I. FIRST READING OF ORDINANCES J. SECOND READING OF ORDINANCES K. PUBLIC HEARINGS 787-1 Public Hearing and Resolution pursuant to Section 15.1-238(e) authorizing condemnation and right-of-entry for North Lakes Water Interconnection. BLJ/HCN TO ADOPT RESO - URC L. APPOINTMENTS 1. Community Corrections Resources Board. 3 2. BLJ APPOINTED A BLUE RIBBON COMMISSION TO STUDY DELIVERY OF SERVICES: - Joe Thomas - Jack Shelton - Joe Hanrahan - Mr. Nat LaGuard - One additional member M. REPORTS AND INQUIRIES OF BOARD MEMBERS MCGRAW: WILL SUBMIT A REPORT ON THE NACO CONFERENCE AT THE NEXT BOARD MEETING N. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY TAE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. AHB ASKED THAT ITEM N-7 (CONFIRMATION OF APPOINTMENT TO THE RECREATION COMMISSION BE ADDED) AHB ASKED THAT ITEM N-3 BE REMOVED FOR A SEPARATE VOTE SO HE MAY ABSTAIN HCN/BLJ TO APPROVE WITH CHANGES - URC 1. Minutes of Meetings - June 9, 1987. 2. Acceptance of Water & Sewer Lines serving Meadowbrook Condominiums, Phase I and II. 3. Acceptance of Water and Sewer Facilities serving Branderwood, Section I. SAM/BLJ TO APPROVE AYES: LG,SAM,HCN,BLJ ABSTAIN : AHB 4. Acceptance of Rights of Way for the following roads: a. Farmington South b. Pine Hill c. Waltdon Farms 5. Request for School Board Appropriation for Textbook Fund for 1987/88. 6. Approval of Amendment to Classification Plan for position in the Sheriff's Department. 4 7. Confirmation of Appointment to Recreation Commission . O. CITIZENS' COMMENTS AND COMMUNICATIONS 1. HUGH KEY, COMMITTEE ON CONSTITUTIONAL LAW WAS PRESENT TO PRESENT A REVISED BILL OF COMPLAINT CONCERNING THEIR PROPOSED LITIGATION P. REPORTS 1. Statement of the Treasurer's Accountability of Investments and Portfolio Policy. 2. Youth Haven II Project Status Report. 3. Oral Report by Wayne Compton, Commissioner of Revenue concerning proration of Personal Property tax . Q. EXECUTIVE SESSION pursuant to the Code of Virginia 2.1-344 (a). BLJ/LG - URC AT 5:20 P.M. (1) To consider a personnel matter. (2) To consider a real estate matter. (6) To discuss a legal matter. OPEN SESSION AT 6:25 P.M. 1. Old Courthouse Litigation BLJ/HCN THAT OLD COURTHOUSE AND OTHER REAL ESTATE CONVEYANCES BE DESIGNATED AS "SURPLUS" PROPERTY - URC LG/SAM THAT $200,000 PURCHASE PRICE OF COURTHOUSE BE DESIGNATED FOR CAPITAL FACILITY PROJECTS, THAT BUDGET APPROPRIATED APPROVED ON MAY 28, 1987 BE AMENDED TO INCLUDE $175,000 IN CAPITAL FUND FOR RENOVATION OF PUBLIC SAFETY BUILDING AND ADDITIONAL APPROPRIATION OF $25,000 BE ALLOCATED TO CAPITAL FUND - URC SAM/LG MOTION THAT BOARD RATIFY FUTURE RECEIPTS FROM SALE OF CAPITAL FACILITIES WILL BE APPROPRIATED TO CAPITAL FACILITIES FUND UNLESS THERE IS PRIOR CONTRACTUAL COMMITMENTS - URC PMM TO GO FORWARD FOR DISMISSAL OF LAWSUIT 5 2. Establish Salaries of County Administrator and County Attorney for 19:87/88 Fiscal Year BLJ/LG MOTION TO SET COUNTY ADMINISTRATOR SALARY AT 5$ INCREASE OVER 1986/87 SALARY. EFFECTIVE JULY 1, 1987 SALARY WILL BE $73,028 - URC BLJ/SAM MOTION TO SET COUNTY ATTORNEY'S SALARY AT 5$ INCREASE OVER 1986/87 SALARY. EFFECTIVE JULY 1, 1987 SALARY WILL BE $53,928 - URC R. ADJOURNMENT at 6:37 p.m. 6 ~. of AOANp~.~ > ~ ti A a ~~~~~ ~~ ~~~~~~~e p ,~ p 18 ruRS $$ SFSQUICENTENN~P~ ROANORE COUNTY BOARD OF SUPERVISORS A Bcauti~ulBcginning AGENDA JULY 14, 1987 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday of the month at 2:00 p.m., and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. (There is a Public Hearing scheduled for this afternoon.) A. OPENING CEREMONIES (2:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend William E. Eicher Poages Mill Church of the Brethren 3. Pledge of Allegiance to the United States Flag. B. WORK SESSIONS 1. Street Light Study. 2. Methods of Refuse Collection. 3. Water System Acquisitions. C. COUNTY ADMINISTRATOR'S COMMENTS D. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. E. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of Congratulations to the Roanoke County/ Salem Jail Personnel. a F. NEW BUSINESS 1. Update on the Explore Project. 2. Old Courthouse Litigation. 3. Request for funding for Human Service Agencies. 4. Request for approval of refund of Industrial Development Bonds for: a. Fralin & Waldron Commercial Rental II b. Fralin & Waldron Office Park II 5. Claim of Tim Edmondson. 6. Protest of Bid by Oxford Services. 7. Protest of Bid by Valley Communications. G. REQUEST FOR WORR SESSIONS H. REQUESTS FOR PUBLIC HEARINGS I. FIRST READING OF ORDINANCES J. SECOND READING OF ORDINANCES K. PUBLIC HEARINGS 787-1 Public Hearing and Resolution pursuant to Section 15.1-238(e) authorizing condemnation and right-of-entry for North Lakes Water Interconnection. 2 L. APPOINTMENTS 1. Community Corrections Resources Board. M. REPORTS AND INQUIRIES OF BOARD MEMBERS N. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Minutes of Meetings - June 9, 1987. 2. Acceptance of Water ~ Sewer Lines serving Meadowbrook Condominiums, Phase I and II. 3. Acceptance of Water and Sewer Facilities serving Branderwood, Section I. 4. Acceptance of Rights of Way for the following roads: a. Farmington South b. Pine Hill c. Waltdon Farms 5. Request for School Board Appropriation for Textbook Fund for 1987/88. 6. Approval of Amendment to Classification Plan for position in the Sheriff's Department. 0. CITIZENS' COMMENTS AND COMMUNICATIONS P. REPORTS 3 1. Statement of the Treasurer's Accountability of Investments and Portfolio Policy. 2. Youth Haven II Project Status Report. Q. EXECUTIVE SESSION pursuant to the Code of Virginia 2.1-344 (a). (1) To consider a personnel matter. (2) To consider a real estate matter. (6) To discuss a legal matter. R. ADJOURNMENT 4 ITEM NUMBER ~ ~' ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Street Light Evaluation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For a number of years, the Roanoke County Board of Supervisors had concerns over the cost and effectiveness of the Street Light Program. After a long research and formulation process, the Board of Supervisors approved an evaluation process in December 1983. This evaluation process provides the following: 1. Consistency in evaluating the needs of street lights. 2. A nationally recognized method for evaluating the need for street lights with the emphasis on traffic safety, while also giving consideration to pedestrian safety and crime. As with most new programs, the Board members received a number of complaints about the evaluation process. In 1986, the County staff contracted with Hayes, Seay, Mattern and Mattern to provide an independent review of the street light evaluation process. Hayes, Seay, Mattern and Mattern found that the present method is satisfactory except for evaluating the need for continuous lighting, differentiating between various types of roadways and recommending appropriate lighting levels. During the three (3) years that staff has used the evaluation form, staff has identified several areas of concern, namely: 1. Request usually originates from citizens within the urbanized areas while the evaluation process favors substandard roads that are usually located in the rural areas. 2. Request for street lights usually are to assist in crime and pedestrian protection while the evaluation process places the emphasis on traffic safety. 3. Most street lights in Roanoke County have not been evaluated under a formal process. Obviously, the Board can direct staff to develop a new street light program that would evaluate the need for street lights with greater emphasis on pedestrian safety and crime. However, such a program would certainly result in a much more expensive street light program. In response to our own concerns and those raised by Hayes, Seay, Mattern and Mattern, staff would recommend the following: 1. Continue the existing evaluation process 2. Leave all existing street lights in place. 3. Pursue cost saving options such as converting mercury vapor to high pressure sodium lights and developer contribution toward the installation of new lights justified as the result of the development. SUBMITTED BY: APPROVED: G~2~ Phillip Henry Elmer C. H dge Director of Engine ring County Administrator -------------------------------------------------------------- ACTION VOTE Approved ( ) M tion b No Yes Abs Denied ( ) Received ( ) Referred To o y. Brittle Garrett Johnson McGraw Nickens A-71487-1 ..- ITEM NUMBER _ ~ °- ..d'.. & F-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Work Session on Methods of Refuse Collection COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the last eighteen months, the Utility Department has been evaluating methods by which Refuse Collection operation could be made more efficient. Several of the methods which were operational in nature were implemented and resulted in a $70,000 reduction in the 1986/87 operating budget. These methods were the assignment of specific routes to individual crews and the implementation of true 'Task Force' for the ten refuse collection crews. The brush collection operation for the next fiscal year is being funded by transferring $58,000 of these savings which were retained as reserve in the 1986/87 Refuse Budget. The re- maining methods which were evaluated would make significant changes in the method of refuse collection and therefore, would require Board approval prior to further consideration. Those methods are presented in this Board Report. ONE MAN - BAG COLLECTION This method of refuse collection would require that the col- lection operation be for what is termed "household refuse only". All residential refuse collection would be for garbage bags only, which would be collected weekly by a side loading, low entry refuse truck. This type truck would be driven by the driver/ collector, that drives standing up on the right side of the vehi- cle. He collects the garbage bags by reaching out and throwing the bag over his shoulder into the side load hopper. While this method of residential refuse collection results in significant reduction in personnel and cost, there would be a significant reduction in the level of service which is provided to the resi- dents. Since the basic concept was to develop methods to reduce cost without reducing the level of service, the one man - bag collection method is not recommended for consideration at this time . ~ : ~ .~ A,t. .,..... SEMI-AUTOMATED COLLECTION This method of refuse collection provides for the residents to be provided with a 98 gallon roll-out container which would be collected b~y the refuse crew and emptied into standard refuse trucks equipped with a hydraulic dumping device which tips the roll-out container and dumps it into the hopper. This is the refuse collection method used by the City of Salem. This method of collection provides a higher level of service to the customer since they are provided with a large roll-out container that is easy to use and handle. The use of the roll-out container also provides for less scattering of refuse by wind or animals. The semi-automated method of refuse collection uses the same type vehicle we currently have with the hydraulic tipping device installed at a cost of $5,000 per truck. The same size three man crew is required, which picks up the same number of homes per day as our present three man crews do. There would be much less physical work on the part of the two collectors that work the semi-automatic method. The cost to provide containers to 3,600 residents is 3,600 x $68 = $244,800. Since the same number of refuse vehicles and the same size crew is required for the semi- automatic method as is required for our current operation, there are no cost reductions to off-set the cost of the containers or the hydraulic tipping devices. Since there is an increase in cost for the semi-automated method, with no current or future savings to off-set these costs, this method is not recommend for further consideration. AUTOMATED ONE-MAN COLLECTION This method provides the residents with a 98 gallon roll-out container, the same as the semi-automatic method described above. This method employs a refuse vehicle that is equipped with a me- chanical arm that would be operated by the driver/collector. The mechanical arm extends to pick up, empty and return the roll-out container. This is the type of operation that was demonstrated to the Board on May 26, 1987. The automated method has been eval- uated by staff over the last sixteen months. Staff has visited and observed the automated one-man collection method as it is used in Greensboro, North Carolina and Albany, Georgia and feel strongly that this is the best method available by which Roanoke County can increase the level of service, while at the same time, significantly reducing the annual cost of refuse collection. The cost analysis for this method has been previously presented to the Board. A copy of that cost analysis is attached to this report. The cost analysis presented is valid for a 12 month budget period. The cost analysis indicates that the transition to the automated one-man collection method could be made in FY 87/88, with the funds that were available within the current and approved budgets. Two items have changed. First the $70,000 reserve indicated in the cost analysis has been reduced by $60,000 because we transferred that amount to next years budget ,.., .~ ._ ..~ . in order to fund the brush collection. Second, the $91,550 per- sonnel cost savings considers that the six employees would be reduced on July 1, 1987, which is the start of the fiscal year. Due to the delay in bringing this report to the Board, it will not be possible to start the automated one-man method until or after November, 1987, due to delivery of equipment. We can not reduce the six personnel until the new equipment is delivered. As you can see, the costs remain unchanged for a 12 month period. However, the analysis is not correct unless it is implemented at the beginning of the fiscal year. The merits of conversion to the automated one-man method and the cost savings to the County are so significant that we are presenting a method whereby this method can be implemented as soon as possible. Funds available in the current Refuse budget $110,000 Funds available in FY 87/88 Budget - vehicle 90,000 Personnel cost savings after November, 1987 70,000 (Use overtime and 3 temporary collectors) TOTAL FUNDS AVAILABLE FOR PROGRAM $270,000 Cost of first truck and 3,600 containers 330,000 Additional Funds Required $ 60,000 The $60,000 could be provided by using a two year lease pur- chase for the cost of the new refuse vehicle. This would in- crease the program cost by the amount of interest on the lease purchase. The automated one-man collection cost analysis is presented considering that the cost of fuel, maintenance, labor, and land- fill fees are the same regardless of the collection method used. However, the cost savings in personnel reduction must be funded in future years in order to be able to purchase the remaining containers and vehicles. After the fourth year, the annual sav- ings of $450,000 per year will be realized, and an actual reduc- tion in the refuse budget will be realized. FISCAL IMPACT: During the five year implementation of this program, a cumu- lative savings of over $950,000 can be realized. Each year after the fifth, an annual savings in excess of $450,000 will be made as well as a reduction in vehicle purchase. Lease purchase will be required in an amount of between $60,000 and $70,000, which will be paid for with the Capital Equipment Budget in FY 88/89. RECOMMENDATION: The Utility Director recommends that staff be authorized to begin the transition to the automated one-man refuse collection method. It is further recommended that the funds that remain I_ i within the Refuse Budget at the end of FY 86/87 be carried over to the Capital Purchase line item in the FY 87/88 Budget to fund the transition with the smallest possible use of lease purchase. The Department will reduce personnel at the fastest rate possible without affecting the level of service to the residents, in order to require the lowest possible level of lease purchase. Additional information will be provided as requested at the previous Board Meeting as to methods of privatization of refuse collection. SUBMITTED BY: Cliffor ig Director of Utilities APPROVED: ~a2ti.~' Elmer C. Hod e County Administrator ACTION Approved (x) Motion byy: Steven A. McGraw/ Denied ( ) Harry C. Nic ens app Brittle Received ( ) au oma e one-man se Garrett Referred Johnson To McGraw Nickens cc: File. John Hubbard Clifford Craig River Bonhotel VOTE No Yes Abs x x X x x 'i`.,r.-.1 rT AUTOMATED REFUSE COLLECTION METHOD Listed below are the tentative collection routes for the automated system. These routes average 900 collections a day with Friday scheduled for maintenance. These routes will be collected one day prior to the manual collection routes so that any delay or deletions by the automated truck can be collected by the manual trucks. The manual truck will be modified with an automated lifting device. Monday Collection Route - Combines Monday and Tuesday Manual Routes: Street/Subdivision Eton Hills Vest Drive and Hazel Drive Georgetown Park Rasmont Road and Ledgewood Drive Melody Acres Cross Creek Dover Drive Western Hills/Windsor West - excluding three streets Total Number of Homes 52 44 76 30 34 28 8 626 898 Tuesday Collection Route - Normally Wednesday Manual Route: Street/Subdivision Number of Homes North Lakes/Meadowwood Estates/ Beacon Hills 688 Glen Cove 77 Willow Creek 175 Total 940 Wednesday Collection Route - Normally Thursday Manual Route: Street/Subdivision Woodlands Boxley Hills/Captain's Grove Malvern Hills Alexander Drive Pendleton Drive Dent Road Greenfield Total Number of Homes 234 489 21 25 8 135 912 Thursday Collection Route - Normally Friday Manual Route: Subdivision Montgomery Village/Foxfire Lindenwood Crofton Spring Grove Stonebridge Acres Total Number of Homes 292 275 170 86 80 903 ~--r i > . _..- AUTOMA~"'EZ) RF~VSE COLL~CTICN METHOD One-Man Mechanical Refuse Collection It is proposed that the County implement one~nan mechanical refuse collection over the next six years. The one-man mechanical refuse collection system uses a special truck that picks up and empties 90 gallon roll-out containers. The mechanical arm is hydraulically operated from the driver's position. The driver of the truck is the only person on the collection crew. Each one~nan truck will replace two of the rear or side loader refuse trucks that are currently being used. The result is a reduction of one vehicle and five personnel for each one-man truck that is put into service. Although the mechanical collection is much different than the system that Salem is using, the 90 gallon roll-out containers used would be similiar to those Salem uses. Zt is recatmended that the ire-ica~n mechanical collection system be implemented with funds available within the Refuse Budget target amount. No additional funds are requested for this transition. The cost for one, one-man mechanical truck and 3,600 containers is $330,000. This truck will replace two existing trucks and six personnel. First Truck: The proposed funding for the first unit is as follows: Within the FY 86/87 budget, we have $85,000 for a new refuse truck and $70,000 in reserve for a total of $155,000. In the proposed FY 87/88 budget (which is within the target), we have $90,000 capital available. Within the proposed FY 87/88 budget, personnel cost will be reduced by $91,550 by deleting two MEO I positions and four ~i _. _'' collector positions. The vehicle maintenance budget it~n will subsequently be reduced by $5,100. The total funds available within the current year budget and the proposed budget target is therefore $341,650. This is sufficient to place one, one~nan mechanical truck in operation by July 1, 1987 and leave a $11,650 reserve. For the next fiscal year FY 88/89, the amnulative funds saved above would be held in reserve for FY 89/90. These cumrnulative funds are projected as follows: Second year savings on the 6 man personnel reduction $91,550 x 1.07; _ $97,958; the second year savings on reduced maintenance = $5,100, and the $90,000 capital within the budget and the $11,650 prior year reserve. Total reserve within the FY 88/89 budget available for FY 89/90 = $204,708. Second Truck: For fiscal year FY 89/90, the previous funds of $204,708 are available plus the third year savings on the 6 man personnel reduction which would be $97,958 x 1.07$ _ $104,815. The $90,000 capital for FY 89/90 will be available within the budget for a total available of $399,523. Since the seccand •tiuck and containers can now be purchased, a further personnel reduction of five men can be made at a cost reduction of $90,950. Additional maintenance savings of $10,200 will also be available. Total available funds will be $500,673. Cost to place second truck in operation is $340,000, leaving a balance of $160,673 to be carried into FY 90/91. Third Truck: For FY 90/91, we would have available $160,673 carry aver, personnel reduction of 11 man, which is $209,468, and maintenance reduction of $10,200 with the $90,000 capital in FY 90/91, the total available funds are $470,341. This will fund the third truck and equip~~ent for $350,000 and provide further ~~"3 µ ~ } .~/ ra;'.... ~/ reduction of 5 men = $97,316 and $5,100 reduction in maintenance. Balance to carry over to FY 91/92 will be $222,757. For FY 91/92, we have $222,757 carry aver, personnel reduction of 16 men, which is $328,259, and maintenance reduction of $15,300 and $90,000 capital in FY 91/92 budget. The total available funds are $656,316. This will fund the fourth truck and equipment at $360,000 and provide further reduction of 5 men _ $104,128 and $5,100 additional reduction in maintenance. Balance to carry wer to FY 92/93 will be $405,544. The one-man mechanical systan is now in full operation. The savings and, therefore, a "reserve" in FY 92/93 would be $987,598. No new equipment should be required and therefore, these funds would be excess. In actual operation, the prior year reserve would be carried aver only to the extent required to fund an add' tional !-.ruck operatirn. Therefore, beginning in FY 90/91, the refuse target oould be reduced frcxn the prior year since all of the reserve would not be needed. Personnel Reduction = 21 F~loyees Vehicle Reduction = 4 Vehicles i~~ .~ . ATTACHMENT #1 While there are numerous advantages to the collection system, there are several conce be addressed before any decision is made. are outlined below. 1. Roanoke County's terrain is extremely proposed system is more successful in terrain and wider roads. automated one-man rns which also need to Some of these concerns hilly, and the areas with a flatter 2. Another change in the refuse collection will again impact the citizens of the County. Several years ago, the County began asking residents to bring their refuse to the street in exchange for free service. Now they will be asking them to adjust to another change in the system. Under the new system, brush, boxes, etc. that are now being picked up weekly will only be picked up monthly unless it is placed within the containers. 4. Many residents have built areas for their refuse cans based on the average size of trash containers. The new, 90 gallon containers will no longer fit into these areas, which could cause further problems for citizens. 5. The County does not have an off-street parking ordinance which will make the placement of the containers more critical. 6. The new system may not be compatible with recycling possibilities which are being studied for the future. 7. The automated one-man collection system may limit the County's possibility for privatization in the future. 8. The present system allows for backyard pickup for elderly and handicapped. The proposed system would necessitate another truck picking up refuse for those residents. It would also be extremely difficult for some residents living on hilly property to roll up or down, to the street, a 98 gallon container filled with refuse. 9. This system will not be available to residents in extremely hilly terrain and narrow roads, yet the County will provide them with the 98 gallon containers which refuse collectors will have to manually empty. There are many advantages to the proposed system which must be recognized. In the long run, there will be a considerable savings to the taxpayer by the elimination of jobs. The system will also reduce workers compensation claims. RECOMMENDATION: At this time, I would recommend against the project. Should the Board wish to consider it further, I would recommend that the staff study for thirty days the impact of the concerns that have been expressed. Once both the advantages and disadvantages of this system are studied, it is the Board's discretion to decide which approach would be best for Roanoke County. A-71487-2 ITEM NUMBER ~.? - ,~ & F9a-e AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Work Session on Water System Acquisitions COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~,.c ~~ ~ d, ~, ~ ~ ~.~~ SUMMARY OF INFORMATION: See Attached Report. FISCAL IMPACT: RECOMMENDATION: SUBMITTED BY: Cliffo raig Utility Director APPROVED Elmer C. H ge County Administrator ACTION Approved (x) Motion by: Alan H. Brittle/Steve Denied ( ) A. McGraw to approve staff Received ( ) recommendation and acquire all Referred water systems except Bridlewood To & Falling Creek and fund as recommended Received under F-9 -------------------- VOTE =_n No Yes Abs Brittle x Garrett x Johnson x McGraw x Nickens cc: File John Hubbard Clifford Craig Exhibit 1 ~` -_ ~.. TABULATION OF WATER SYSTEMS CURRENTLY BEING CONSIDERED FOR ACQUISITION WATER SYSTEM Cherokee Hills Crescent Heights Sherry Court Forest Edge Carriage Hills TOTAL OWNERSHIP Jim Lyle Association P. G. Divers F & W COST $ 67,000 $ 60,000 $ 8,000 $131,000 FUNDING SOURCE 1986 Bond Account 1985 Well Bonds Utility Fund~l) L & H $ 35,000 $301,000 1986 Bond Account or Utility Fund 1986 Bond Account Falling Creek and Seller would not Bridlewood Halderway $90,000 agree to offer. See Exhibit 2 (1)$1,700 of the $8,000 may be charged to customers for meter installation if Board directs such charges be made. Summary of funding: From 1985 Well Drilling/Source Bond account - $60,000 From 1986 Bonds for System Acquisition - $233,000 or $102,000 From Utility Fund Off-Site Facilities Fund - $8,000 or $139,000 Exhibit 2 WORK SESSION ON WATER SYSTEM ACQUISITIONS I. BACKGROUND On June 23, 1987, the Board of Supervisors requested a work session to discuss the acquisition of various water systems within County that are not owned by the County. The current Roanoke County Water Ordinance which was adopted in 1976 provides that "any water system that is proposed to be established or expanded after the effective date of this ordinance (July 1976)" shall be conveyed to the County by one of the following methods: (Paraphrased) A. PROPOSED WATER SYSTEMS: 1. Expansion of the County owned s~stem:the applicant extends the County owned system, installs the necessary distribution system and connections, pays the water connection fees subject to the oversized main and off-site facility credits, and conveys the extended facilities to the County at no cost. 2. Expansion of a privately owned water stem: the applicant extends the necessary distribution system and installs individual connections, pays the water connection fees subject to the oversized main and off-site facilities credits, agrees to sell water to the County, and conveys the extended facilities to the County at no cost. The applicant is also required to convey the original portion of the private water system to the County if a fair market value for the system can be agreed upon. County reserves the right of condemnation of the established private water system. 3. Areas where the County does not provide water service _and the County water system can not be ex~ anded: the applicant is required to install a complete water system and either: a. convey the complete water system including supply and storage to the County at no cost and pay the actual cost of the water meter ($20) or; b. convey to the County the water system exclusive of any supply or storage facility at no cost to the County; convey at cost of construction the supply and storage facilities and pay the water connection fees. (Since last August, we have limited the amount the County will pay for the supply and storage not to exceed 100 of the off-site facilities fee for the development. A Reimbursement agreement can be used so that the applicant can recover the balance of the supply and storage costs that are not covered by the 100 off-site facilities fee credit.) 1 t ,r . ,..a ~.~ 6~... .:...:...' ....,,~... A 1978 amendment to the water ordinance provides that the Board may waive the above requirements and allow the expansion of or the establishment of private water systems to remain under private ownership. II. CiJRRENT APPLICATION OF WATER ORDINANCE Since August 1985, strict compliance with the provisions of the water ordinance. has been required. Expansions of private water systems that were not previously approved as private have been or will be conveyed to the County. For these expansions, we have negotiated with the owners to purchase the original portion of the water system as required by the ordinance. The Falling Creek, Cherokee Hills and Read Mountain water systems are examples. The establishment of a new water system in parts of the County that we do not provide service have also been handled as required by the ordinance. The Thousand Oaks subdivision will have a newly established water system whereby the developer will install a complete water system and convey it to the County. The developer will pay the total connection fees and we will pay for the wells and storage up to a maximum of 1009b of the off site facilities fee. The Forest Edge and Forest Vista water systems will also be constructed under these provisions. However, since the Forest edge water system was proposed prior to the 100 off-site facility fee credit maximum being set, the full cost of supply and storage will be eligible for payment by the County. III. FUTURE APPLICATION OF THE WATER ORDINANCE Staff feels the prohibition of establishing or expanding private water systems should be continued. The County can provide a better a more complete water system by being the owner of all water systems. If private water systems are permitted to expand or be established, one of two things will happen; (1) the systems will degrade to the point that the County will feel an obligation to take them over at no or little cost and then will be required to spend funds on the system to just get it into operational condition (i.e. Sherry Ct.); (2) the private water system will be in the path of normal expansion of the County water system. The County will want to acquire it as part of our system and the selling price will be much higher than the cost of supply and storage (i.e. Read Mountain Water Company). With the continued requirement that all water systems be built to the County Standards and the requirement for a more stringent well production test, it is felt that all newly established water systems will be adequate for current and future needs. Most of the problems associated with establishing new water systems have been with low quantity of supply from wells. At this time the step draw down test 2 method is being used to determine the safe yield for a 30 day period. The new method will be used starting with the Vista Forest system. A very stringent well production requiremer_t will be proposed as part a new water ordinance. IV. FUNDING ACQUISITION OF WATER SYSTEMS There are four funding categories that can be used to acquire both existing and future water systems which are not expansions to the County water system. 1. UTILITY FUND - OFF-SITE FACILITY FEES Credit against the off-site facilities fee and any possible reimbursements from fees paid from others that benefit from the eligible facilities. This category would apply to any development which is outside the the current County service area, and would require that the developer take financial risk for the cost of the water system. This method would require individual approval of the Board if the second half of the off-site facilities fee or reimbursement is used. These funds are within the existing Utility Fund. 2. WELL DRILLING - NEW WATER SOURCE BONDS - 1985 BONDS These bonds could be legally used to purchase private water systems if the water system had excess water available in their existing wells. The bond moneys should be used only if the excess capacity is at least twenty gallon per minute, and should be used only when other funding sources are not available or where there is large excess capacity. 3. PRIVATE WATER ACQUISITION BONDS - 1986 BONDS One million dollars was included for the purchase of private water systems that were in the path of development of the County water system. This funding source is recommended for acquiring some of the systems mentioned later in this report. A Utility Fund Account would eventually contain the funds from the sale of these bonds. Until the bond proceeds are available, the Utility Fund will loan money to this bond account allowing us to make the purchases. The Utility Fund will be reimbursed when the bonds are sold. 4. DONATION TO COUNTY BY OWNER When the County receives requests from owners of private water systems to donate their water systems, the County should accept these systems so they are not acquired by others who will eventually want to sell the system to the County at a profit. Many of these systems are below minimum acceptable condition and the owner or users should be required to pay to the County the necessary costs required to have proper metering installed and to pay for any 3 ~_. construction that would be required for the County to supply the customers with basic domestic water needs. If the County acquired a system requiring a great deal of upgrade work, this work would be prioritized along with the existing water capital projects unless the owner or customers agreed to pay for this upgrade at the time the County accepts the system (i.e. Sherry Ct.). The Board may decide to pay for some of the basic improvements since these improvements would be part of future capital projects or part of a future expansion of the County system. IV. WATER SYSTEMS CURRENTLY UNDER REVIEW FOR ACQUISITION 1. CHEROKEE HILLS - This water system is owned by James Lyle and has approximately 150 connections. The owner proposed to expand his private water system to service a new section of the Cherokee Hills Subdivision. The County enforced the water ordinance requiring that the newly expanded water system be conveyed to the County, connections fees paid and that Mr. Lyle sell us water. Acquisition of the original water system was discussed and a price of $67,000 was agreed upon for the original system. This price was established using the value of the wells and storage facilities only. The value of the distribution system or the number of connections was not considered. Although this system is now adequate for domestic service, there is no excess capacity in the well systems. It is proposed that the $67,000 purchase of the Cherokee Hills Water System be made with funds from the Water System Acquisition Bond Account with money loaned to this account from the Utility Fund. 2. CRESCENT HEIGHTS WATER SYSTEM - This water system is located along Starkey Road at Buck Mountain Road and is owned by a user association. There are approximately 100 connections/members at this time. The wells serving this system have excess capacity of approximately 40 gallon per minute. This system could be purchased with funds from the 1985 Well Drilling/Source Bonds. A purchase price has been established at $60,000. It is proposed that the County purchase the Crescent Heights Water System with $60,000 from the Well Drilling/Source Bonds. The Association proposes to then give the County Utility Fund $60,000 which would be used to upgrade the Crescent Heights water distribution system. A portion of the $60,000 may be retained to fund some needed work such as lateral and pressure reducing valve installation that will be required, and which the County could not do. This proposal will benefit both the association members and the County since we will be getting an additional source of water and a loop tie-in to our existing water system for the same cost we would pay for the system as it is. The excess 40 gallon per minute will be pumped into the South County Water system and require less water to be purchased from the city in the same manner the capacity of a new well would be used. 4 3. SHERRY COURT WATER SYSTEM - This water system located in North West County provides domestic water service to 17 customers. The well has poor quality water and is in frequent violations of the State Water Regulations. The owner is elderly and is unable to improve or maintain the water system and has offered to donate it to the County. Due to the poor supply, we would connect this water system to our adjacent system. The well would not be of benefit to the County, and would remain the property of the present owner. This water system has two inch water lines which are in poor condition. All new water meters would have to be installed at each connection. The cost to interconnect the Sherry Court water system to the County system will be approximately $6300 and meter installation another $1700. The connection of this system to the County system will be in the path of a future loop within our system, and the Board could consider it a part of the capital improvement program for utilities. The 17 existing connections could be expected to pay for the meter installation since they do not presently have proper metering. The present connections are customers of the water system that we would be acquiring, and any other connection fee related cost should not be charged. However, if the present customers want the distribution system upgraded within the next five years, they should be required to fund some of the cost. Funding would be made available within the Utility Fund as the Board may direct. 4. FOREST EDGE WATER SYSTEM - This water system is being constructed to serve the Forest Edge Subdivision which is located out Rt. 221 adjacent to Carriage Hills. The developers are establishing the water system under the provisions of the water ordinance which requires that they construct a complete system, pay connection fees and convey the system to the county for the cost of supply and storage facilities. The establishment of this water system was very expensive because the developer had to drill 16 wells in order to get five wells that have a combined yield of 32 gallon per minute. .This system has a 150,000 gallon storage reservoir and is presently permitted by the State to serve 64 single family connections. The total connection fees that will be paid by the developer is approximately $58,000. The cost to provide the supply and storage facilities will be about $187,000. The County's cost to acquire this system will be approximately $131,000. The value of the wells and storage exceed the amount which we would pay, and this system will cost the County less to acquire under the provisions of the ordinance than it would if we try to purchase the system at a latter date for a cost equal to the value of the wells and storage. Funds to acquire this system could either be from the off-site facilities fund or from the account being set up for purchase of private systems with the bonds approved for that purpose. The bond account is recommended since this would be a proper use for those funds, and not put an additional demand on the off- 5 ''y site facility fund used to expand and improve the existing water system. However, funds are available within the off- site facilities fund if that source is preferred. Please note that this system was approved for construction under the old water construction standards and prior to the increase in connection fees. 5. CARRIAGE HILLS and PARKER WATER SYSTEM - This water system will be made by an interconnection of the two adjacent systems by the owner to provide water for the last phase of the Carriage Hills Subdivision. The owner and developer have agreed to interconnect the two systems and provide the required booster station. The owner has agreed to sell the combined system to the County for $35,000. The value of the wells and 20,000 gallon storage reservoir was established to be $35,000. If the County acquires the adjacent Forest Edge water system as discussed in 4 above, then the Carriage Hills/Parker water system should also be considered. Funds for this acquisition would come from the account established to purchase private water systems with the bonds approved for that purchase. 6. FALLING CREEK/BRIDLEWOOD WATER SYSTEM - The purchase by the County of these two systems was handled as a package. The Bridlewood water system has very poor supply and no value was assigned to it. The Falling Creek water system value is established at $90,000 using the value of the wells and storage facilities. The County and the owner were very close to agreement on a fair value for. this system when it became clear that the Falling Creek water system is within the exclusive service area which the County gave to Vinton. If the County purchased this system, we would be required to give it to Vinton for operation and receive $1.00 in return. At the same time, the owner started to increase the price because he had drilled an additional well for this system. No further discussions have taken place since last summer. V. FUTURE WATER SYSTEM ACQUISITIONS In order to be able to provide equal water service to our residents, we should continue to prohibit the establishment or expansion of any private water system. The owner of a private water system may also use his dissatisfied customers to pressure the County to purchase the system knowing that if our residents apply enough pressure to County officials, our purchase offer may increase. Any water system that is in poor condition will eventually end up as part of the County or another water system. It may be best to acquire the private systems at a low or no cost before that they become completely worthless and require us to do immediate work in order to provide for the health of our residents. In the past, the County has refused to take over a private water system because it was 6 r in poor condition. Just four years ago the County refused to take the Sherry Court water system unless the owner or residents put $22,000 worth of improvements into the system. In 1980, the Utility Department recommended that the County not purchase the Cherokee Hills water system at a cost of $50,000. It is now recommended that we take the Sherry Court system for the cast of meter installation and that we purchase the Cherokee Hills system at a cost of $67,000. Both systems are in poorer condition today than they were in the past. The staff will proceed to acquire private water systems under the guidelines and direction provided by the Board. Any and all proposals to acquire private water systems will be presented to the Board for approval on an individual basis. 7 ROANOKE COUNTY TRANSPORTATION SAFETY COMMISSION Activities and Programs Sponsored in 1986 The Roanoke County Transportation Safety Commission held four meetings in 1986 to cite hazardous traffic areas and seek possible remedies and solutions to correct them. After citing hazardous conditions, the Commission worked with the appropriate governmental agencies to correct them in areas of sponsoring the Roanoke County Sheriff's Department for four separate mini-grants of $1,500 each. The Roanoke County Sheriff's Department was successful in obtaining two mini-grants for Seat Belt Safety, one for Driving Under the Influence, and one f_or Police Traffic Services. ~ 7'he Seat Belt Safety mini-grants were used to purchase VHS video equip- ment and seven seat belt safety films. The DUI mini-grant was used to pur- chase three field Alco-Sensors and one DUI filmstrip, "The Toll, the Tears." The Police Traffic Services mini-grant was used to purchase anew radar unit, Kustoms Model HR-12. The Commission has been instrumental in assisting the Roanoke Valley ASAP Programs administered by the Court Community Corrections in preventing recid- ivism. Tlie Commission is sponsoring a new pilot program of a Professional Crash Investigation Team. The team will reconstruct all serious and fatality crashes and offer solutions to preventing recurrences. The Commission sponsored the "Get Caught Buckled Up" Campaign adminis- tered by the Junior League of Women of the Roanoke Valley. It sponsors the STEERING (Safe Transportation for Each and Every Rider) Committee of the Roanoke Valley and has a member assigned to this committee. Also sponsored by the Commission is the Bicycle Registration Program and the AAA Bicycle Rodeo for the Roanoke County Sheriff's Department. The Commission sponsors the annual Truck Rodeo of the Roanoke Valley and the Roanoke Valley and Southwest Virginia Safety Council. The Commission presented awards to the following professionals and Roanoke County Transportstion Safety Commission Page 2 fraternities for their contributions to traffic safety: Junior League of Women of the Roanoke Valley Outstanding School Bus Driver Award Fireman of the Year Award Rescue Squad Member of the Year Award State Trooper of the Year Award Outstanding Traffic Officer of the Year Award Roanoke Valley Safety Council Six Achievement Awards to School Crossing Guards for 17 Years of Service without an Injury Incident. Sheriff 0. S. Foster for 34 Years' Dedicated Service to Highway Safety ~, Respectfully submitted, ~° , ~~~ ~~ L. J. Wade, Chairman Roanoke County Transportation Safety Commission AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE ~,w, ~~ ~j COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1987 RESOLUTION OF CGNGRATULATIONS TO THE ROANOKE COUNTY SHERIFF'S DEPARTMENT FOR RECEIVING 100 PERCENT COMPLIANCE FROM THE COMMONWEALTH OF VIRGINIA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the State Department of Corrections conducted a Certification Audit of the Roanoke County jail facility on May 26-28, 1987, and WHEREAS, the jail was graded on 104 standards, and met 100 percent of all of these standards, and WHEREAS, the Roanoke County Sheriff's Department received a certificate recognizing 100 percent compliance with the Minimum Standards for Jails and Lockups, and WHEREAS, this significant achievement is due to the dedication and support of the Sheriff's Department employees, and in particular, the jail personnel. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its pride to the Sheriff's Department for attaining this important goal; and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers congratulations to Sheriff O. S. Foster, Captain Stephen Huff and the staff of the Roanoke County jail facility for this outstanding accomplishment. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1987 RESOLUTION 71487-3 OF CONGRATULATIONS TO THE ROANOKE COUNTY SHERIFF'S DEPARTMENT FOR RECEIVING 100 PERCENT COMPLIANCE FROM THE COMMONWEALTH OF` VIRGINIA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the State Department of Corrections conducted a Certification Audit of the Roanoke County jail facility on May 26-28, 1987, and WHEREAS, the jail was graded on 104 standards, and met 100 percent of all of these standards, and WHEREAS, the Roanoke County Sheriff's Department received a certificate recognizing 100 percent compliance with the Minimum Standards for Jails and Lockups, and WHEREAS, this significant achievement is due to the dedication and support of the Sheriff's Department employees, and in particular, the jail personnel. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its pride to the Sheriff's Department for attaining this important goal; and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia, offers congratulations to Sheriff O. S. Foster, Captain Stephen Huff and the staff of the Roanoke County jail facility for this outstanding accomplishment. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None A COPY - TESTE: 7YL~~, ~d Gu.ca.-.~ Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 7/15/87 cc: File Resolution of Congratulations File ITEM NUMBER ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Update on the Explore Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: A representative of the River Foundation will be present at the meeting to update the Board on the Explore Project. A new video is being released, and the River Foundation would like to share this with the supervisors prior to its being made public. APPROVED BY: ;. Elmer C. Hodg County Administrator ------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: lvo Yes Abs Denied ( ) Received ( ) Referred To Brittle Garrett Johnson McGraw Nickens { A-71487-4 ITEM NUMBER~o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Litigation on the Old Courthouse COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This item will be discussed in Executive Session pursuant to the Code of Virginia Section 2.1-344 (a) (6) to discuss a legal matter . Action may be taken following Executive Session ~~~ ~ ` 1r Paul M. Mahoney County Attorney --------------------------------------------------------------- ACTION VOT Approved ( ) Motion by: _ No Denied ( ) Received ( ) Referred To SEE ATTACHED FOR BOARD ACTION Brittle Garrett Johnson McGraw Nickens Yes Abs MOTION #1 - APPROVED BY UNANIMOUS RECORDED VOTE Bob L. Johnson/Harry C. Nickens to ratify and confirm that the old courthouse is "surplus in relation to the use for which acquired", ratify and confirm that the old courthouse has been made available for other public uses by contract with Roanoke College, through leases for the Extension Service and County Registrar and Roanoke College's intent to negotiate a lease for the Court of Appeals and that other public uses were considered in comparison to the costs, need and limitations to the County. This ratification of the determination that property is surplus, and the confirmation that other public uses for property have been considered by the Board are apparent from the procedures followed and the actions taken by the County, not only for this transaction, but also for all real estate conveyances. MOTION #2 - APPROVED BY UNANIMOUS RECORDED VOTE Lee Garrett/Steven A. McGraw to identify the use of $200,000 of the purchase price of the old Courthouse for capital facility projects, amending the original budget appropriation approved on May 28, 1987. The 1987-88 budget currently includes an appropriation in the Capital Fund in the amount of $175,000 for the renovation of the Southview Public Safety Building. An additional appropriation of $25,000 to the Capital Fund, combined with this $175,000 for the Southview facility would equal the $200,000 that would be paid to the County by Roanoke College in fiscal year 1987-88. This additional $25,000 appropriation is from fund balance. MOTION #3 - APPROVED BY UNANIMOUS RECORDED VOTE Steven A. McGraw/Lee Garrett to ratify that any future receipts from sales of capital facilities will be appropriated to the Capital Facilities Fund to be expended for the acquisition, construction, maintenance or replacement of other capital facilities projects unless another disposition is required by prior contractual commitments. cc: File Paul Mchoney Reta Busher John Chambliss A-71487-5 ITEM NUMBER ~ ~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Recommendation for funding of Human Services Agencies COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 26, 1987, the Board of Supervisors approved the 1987-88 fiscal year budget which included an appropriation in the amount of $20,000 for funding of Roanoke Valley community service agencies. Due to budgetary constraints, $4,000 less was allocated this year than in 1986/87. In addition to the $20,000 allocated for distribution to various agencies, the Board of Supervisors also approved $25,000 funding for Total Action Against Poverty and $69,984 to the Mental Health Services of the Roanoke Valley for a total of $114,984.00 to fund community service organizations throughout the Roanoke Valley. When the County previously funded these organizations, federal revenue sharing monies were used. This source of funds is no longer available. It is hoped that in future years, the County will be able to budget larger amounts for this category. On June 18, 1987, the Human Services Committee met to study the requests for allocation of the funds. The committee expressed disappointment that the budget did not allow for additional funds for fiscal year 1987/88, and felt that since there was no additional funding, it was not feasible to consider the requests from other agencies. Instead, they recommended that the County staff review the requests for approval by the Board of Supervisors. After reviewing the requests with Betty Lucas, Social Services Department Director, staff recommends that funds be allocated based on the prior year disbursements. A schedule is attached showing the requests from services organizations, last year's allocation and the current year's recommendation. FISCAL IMPACT: None. Approval will simply allocate the $20,000 to the specific organizations approved for funding by the Board of Supervisors. j~" ~ w ~ RECOMMENDATION: The staff recommends that the monies be allocated based on the attached schedule, and that staff be allowed to distribute funds to the appropriate agencies. ro Elmer C. Ho ge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Steven A. McGraw/Bob No Yes Abs Denied ( ) L. Johnson to approve Brittle x Received ( ) Referred To cc: File Reta Busher Betty Lucas - Social Services Garrett Johnson McGraw Nickens Abstain x x x t 02-Ju1-87 date HUMAN COUNTY OF ROANOKE, VIRGINIA HUNAN SERVICES COMMITTEE ALLOCATION OF FUNDS FOR FY 1987-88 1986-87 1987-88 1987-88 ORGANIZATION ----------------------------------- ALLOCATION ---------------- REpUEST ---- - ALLOCATION LEAGUE OF OLDER AMERICANS 84,000 - ---------- 816,413 --------------- 83,252 FREE CLINIC OF ROANOKE VALLEY 5,000 5,000 4,065 ADULT CARE CENTER OF RKE. VALLEY 2,000 4,000 1,626 TRUST 1,800 6,200 1,463' FAMILY SERVICE OF RKE. VALLEY 1,000 10,000 813 CHILD ABUSE AHD NEGLECT COORDINATING COUNCIL 2,000 2,466 1,626 ROANOKE-AREA MINISTRIES 1,000 1,166 813 PLANNED PARENTHOOD 500 2,000 407 ASSOCIA?ION FOR RETARDED CITIZENS 4,300 44,117 3,496 TINKER MOUNTAIN flORKSHOP 3,000 15,744 2,439 ROANOKE VALLEY SPEECH & HEARING CENTER, INC. 0 1,000 0 COUNCIL OF COMMUNITY SERVICES 0 3,770 0 BETHANY HALL 0 1,980 0 THE SALVATION ARMY 0 5,000 0 CAMP VIRGINIA JAYCEE 0 * O ROANOKE NEIGHBORHOOD ALLIANCE 0 20,000 0 BIG BROTHERS/BIG SISTERS OF ROANOKE VALLEY, INC. 0 373 0 TOTALS ---------------- 824,600 ---------------- 8139,229 -------------- 820,000 /'~" -_ ~s *REQUESTING 8190 PER CAMPER ~,~~'.i ~ $UNTON 8C wILLIAMS 707 EAST MAIN STREET P. O. BOX 1535 2000 PENNSYLVANIA AVENUE, N. W. P. O. BOX 19230 WASHINGTON. D. C. 20036 TELEPHONE 202-955-1500 FIRST VIRGINIA BANK TOWER P.O BOX 3889 NORFOLK, VIRGINIA 23514 TELEPHONE 804-625-5501 TELEX 755628 3050 CHAIN BRIDGE ROAD P. O. BOX 1147 FAIRFAX, VIRGINIA 22030 TELEPHONE 703-352-2200 r-- y RICHMOND, VII40INIA 23212 100 PARK AVENUE NEW YORK, NEW YORK 10017 TELEPHONE 212-309-1000 TELEPHONE 804-788-8200 TELEX 424549 HUNT UI TELEX 6844251 ONE HAN NOV ER SOUARE P. O. BOX 109 RALEIGH. NORTH CAROLINA 27602 TELEPHONE 919-899-3000 FIRST TENNESSEE BANK BUILDING P. O. BOX 951 KNOXVILLE. TENNESSEE 37901 TELEPHONE 615-637-4311 September 1, 1987 E NO FIL . DIRECT DIAL NO. 804 788- CERTIFIED MAIL RETURN RECEIPT REQUESTED Board of Supervisors of Roanoke County, Virginia Salem, Virginia 24153 Industrial Development Authority of Roanoke County, Virginia $780,000 Industrial Development Revenue Refunding Bonds (F & W Building D Project), Series of 1987 Dear Sir: In connection with the above-referenced financing, I en- close for filing on behalf of the Industrial Development Authori- ty of Roanoke County, Virginia, a certified copy of United States Internal Revenue Service Form 8038. Please indicate the receipt of the enclosed Form 8038 by stamping the enclosed copy of this letter and returning it to me in the enclosed postage paid envelope. Very truly yours, Bryar ;~i. Nettles Enclosures J~~ J i CERTIFICATE AS TO INTERNAL REVENUE SERVICE FORM 8038 The undersigned Assistant Secretary of the Industrial De- velopment Authority of Roanoke County, Virginia (the Authority), hereby certifies that attached hereto as Exhibit A is a true and correct copy of United States Internal Revenue Service (the Ser- vice) Form 8038 filed with the Service in connection with the is- suance on September ~, 1987, of the Authority's $780,000 Indus- trial Development Revenue Refunding Bonds (F & W Building D Project), Series of 1987. WITNESS my hand this ~ day of September, 1987. !~ .~ Assistant Secreta Industrial Development Authority of Roanoke County, Virginia $Q$$ Information Return for Tax-Exempt `-:~' forT OMB NO : SaS•4720 (Rev. December 1986) Private Activity Bond Issues ~o~~s iz; 31,•99 Department of tn. treasury - Under Section 119(e) Internal Revenue $ernt:t Reporting Authority Check box If Amended Return - ;J t Iau«'snante Industrial Development Authority z Issu.rsemo~ayer~ee~nhcanennumoe. ok o 52-1290561 3 NumnM af10 ftrNt ~ • Reoart numoer 1919 Electric Road, S . W. PA198 L - ~. S Gity tx town. state. and ZIP coat i 6 Date of issue Roanoke, Virginia 24018 Type of luue (check box(es) that applies) I Issue Prlce 7 ^ Qualified hospital band (section 145(c)) a ^ Qualified section 501(cX3) bond other than a qualified hospital bond (section 145) 9 ^ Qualified student loan bond (section 144(b)) . 10 ^ Qualified mortgage bond (section 143(a)). Check box if you elect to rebate arbitrage profits to the U.S. - ^ 11 ^ Qualified veterans' mortgage bond (section 143(b)). Check box if you elect to rebate arbttrage profits to the U.S. - ^ 12 ^ Qualified redevelopment bond (section 144(c)) •, 13 ®Qualified small issue bond (section 144(a)). Check box for S 10 million small tssue exemption - ^ 14 Exempt facility bond: a ^ Airport (section 142(aXl)) b ^ Docks and wharves (sectton 142(a)(2)) c ^ Mau commuting facilities (section 142(a}(3)) d ^ Water furnishing facilities (section 142(a)(4)) e ^ Sewage facilities (section 142(a)(5)) f ^ Solid waste disposal facilities (section 142(aX6)) g ^ Residential rental projects (section 142(a)(7)) h . ^ Facilities for the local furnishing of electric energy or gas (sectton 142(aX8)) I ^ Local district heating or cooling facilities (section 142(aX9)) . j ^ Qualified hazardous waste facilities (section 142(aX 10)) . k ^ Sports facilities (see instructions) 1 ^ Convention or trade show facilities (see instructtons) m ^ Pollution control facilities (see instructions) n ^ Hydroelectric generating facilities (see instructions) o ^ Parking facilities (see instructions) . 15 ^ Industrial parks (see instructions) 16 ^ Other. Describe {see instructions) - • • ° Description of Bonds Staten reaemoUOn We~ghteo average ~'eiC Net mte•est Mature daM ry interest rate Issw once once at matur~ry maturity cost 17 Final maturit 5 15. 7 5 96 I 6 5 , 0 0 0 I 10 0 0 / ~// ~~"~ ~! 'i ~ ~'~' y to r.,,;..,-~~.. ;;,,..~,,.: „ / c_ .~:~ir,' , 780, 000 I 100 o Ill. 08years t 5 . ~G.ri2~ Uses of Original Proceeds of Issue (including underwriters' discount) 19 Proceeds used for accrued Interest . • 19 I 20 Proceeds used for bond issuance costs (including underwriters' discount) . 20 21 Proceeds used for credit enhancement . 21 22 Proceeds allocated to reasonably required reserve or replacement fund 22 23 Proceeds used to refund prior issues (complete Part VI) 23 24 Nonrefundin¢ proceeds of the issue (subtract lines 20.21.22. and 23 from line 18. column c 4 For Paperwork Reduction Ad Notice. see page 1 of the Instructions. Form 8038 (Rev. 12-86) 2000 PENNSYWANIA AVENUE. N• W. P. O. BOX ID230 WASHINGTON. O. C. 20036 TELEPNONE 202.633-1300 FIRST VIRGINIA BANK TOWER P. O. eOX 3666 NORFOLK. VIRGINIA P3314 TELEPNONE 604.625-5301 TELEX 736626 SOSO CHAIN BRIDGE ROAD P. O. e0X 1147 FAIRFAX. VIRGINIA 22030 T[LEPHONC 703.332.2200 HUNTON BC WILLIAMS r 707 EAST MAIN STREET P. O. BOX 1535 RicsacorrD. Vlgolxla 23218 TELEPHONE 804-799-6200 TELEX 6844251 September 1, 1987 CERTIFIED MAIL RETURN RECEIPT RE UESTED ~- Board of Supervisors of Roanoke County, Virginia Salem, Virginia 24153 SEP S t987 100 PARK AVENUE NEW YORK. NEW YORK 10017 TELEPHONE 212.306.1000 TELEX 42434e HUNT UI ONE HANNOV[R SOUARE P. o. eox loa RALEIGH. NORTH CAROLINA 27602 TELEPHONE Yle-69e•3000 FIRST TENNE33EE BANK 9UILOING P. O. e0X eSl KNO%VILLC. TENNCSSCE 37D01 TELCPHON[ 613.637.4311 FILE NO. DIRECT D1AL NO. 604 766' Industrial Development Authority of Roanoke County, Virginia $780,000 Industrial Development Revenue Refunding Bonds (F & W Building.D Project), Series of 1987 Dear Sir: In connection with the above-referenced financing, I en- close for filing on behalf of the Industrial Development Authori- ty of Roanoke County, Virginia, a certified copy of United States Internal Revenue Service Form 8038. Please indicate the receipt of the enclosed Form 8038 by stamping the enclosed copy of this letter and returning it to me in the enclosed postage paid envelope. Very truly yours, Bryar C. Nettles Enclosures Item ~ '~`J - ~~E..,. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: July 14, 1987 SUBJECT: Industrial Development Bonds COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Industrial Development Authority is requesting that the Board of Supervisors approve the refund of certain bonds issued for Atlantic Companies Building, Keagy Road and Electric Road, not to exceed $3,660,000. This action is requested to fulfill a technical requirement of the Bond Counsel and does neither affect the local allocation nor affect the taxing power of Roanoke County or the Authority. FISCAL IMPACT: None RECOMMENDATION: Staff recommends approval. SUBMITTED BY: Brent D. Sheffle Economic Development Specialist APPROVED: Elmer C. Hodge, Jr. County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion by• No Yes Abs Denied ( ) Received ( ) Referred To Brittle Garrett Johnson McGraw Nickens .~a. July 9, 1987 Board of Supervisors of Roanoke County, Virginia P. 0. Box 660 Salem, Virginia 24153 Industrial Development Authority of Roanoke County, Virginia Proposed Financing for Fralin and Waldron Commercial Rental II Fralin and Waldron Commercial Rental II (the Partnership) has requested that the Industrial Development Authority of Roanoke County, Virginia (the Authority), refund certain of the Authority's bonds issued to assist the Partnership in financing the construction and equipping of an addition to an existing of- fice facility known as the Atlantic Companies Building, (the Project) in Roanoke, Virginia, by the issuance of its industrial development revenue refunding bonds in an amount not to exceed $3,660,000 (the Bonds). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to do so. The Authority has conducted a public hearing -.pith respect to its pro- posed financing oz the Project and 'r.as recommended that you ap- prove the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Attached hereto is (1) a certificate evidencing the con- duct of the public hearing and the action taken by the Authority, (2) the "Fiscal Impact Statement" and (3) the form of resolution suggested by counsel to evidence your approval. S~ovefis~y of the I ustrial Development Authority of Roanoke County, Virginia -2- Fralin and Waldron Commercial Rental II CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Roanoke County, Virginia (the Authority), hereby certifies as follows: 1. A regular meeting of the Authority was duly called and held on July 9, 1987, at 9:00 o'clock a.m. in the Board of Supervisors Meeting Room in the Roanoke County Administration Building, 3738 Brambleton Avenue, S.W., Roanoke, Virginia. The meeting was open to the public, and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent throughout" as follows: PRESENT : ~~ ~~~ ~~ 1~ rt 1~ GGt Ch a~/PS ~c • Sz ~ / w.~a~~~~~~'~~y~ ABSENT: ~ytlvN 21 /~. ~,StviGl~~ ,T. Ca.,.s~M ~~ s,./~s ~2wie/ /~. 22~~ 2. The Chairman announced the commencement of a public hearing on the application of Fralin and Waldron Commerci<31 Rent- al II (the Partnership) and that a notice of the hearing was pub- lished once a week for two consecutive weeks, the first publica- tion being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in Roanoke County, Virginia (the Notice). A copy of the Notice and a cer- tificate of publication of such Notice have been filed with the records of the Authority and are attached hereto as Exhibit A. 3. The following individuals appeared and addressed the Authority: / ~' 0 /1 ~ A reasonably detailed summary of his her their statements together with the fiscal impact statement. required by the Indus- trial Development Revenue Bond Act are attached hereto as Exhib- its B and C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the Resolution) adopted at such meeting of the Authority by a majority of the Directors present at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: Director Vote 1S~i %l % ~~~ ~ c.L, ~le The Resolution constitutes all formal action taken by the Author- ity at such meeting relating to matters referred to in the Reso- lution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. -2- _.._ f ..~...a._.~ .. <~ ~..,~. WITNESS my hand and the seal of the Authority this day of July, 1987. ~~~~~ .~ fl~~.l~. Secretary, Indust ial Development Authority of Roanoke County, Virginia (SEAL) Exhibits A, B and C to be attached. A - Copy of Notice, Certified by Newspaper B - Summaries of Statements C - Fiscal Impact Statement D - Inducement Resolution -3- ~„"-'- .~ a ~ ~r t r ~ fI5CAL ZMpACT STATEN.ENT July 9, 1987 Date Fralin and Waldron Commercial. Rental II App cant Addition to Atlantic Building _ Faci ty 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's r4a1 property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax par year u8inq prasant tax rates 6. Estimated dollar value par year of goods and services that will be purchased locally 7. Estimated number of regular employees on year round basis B. Average annual salary per employee S 31~~0,000 ,~ 29.900* ~ 0* ~ 500~000* 165* $ 12.33.3* znc~ustrial Development Authority ount Vir inia Name o Aut or ty Applies to facility constructed with bonds being refunded ~' I NAL RFSOLUT I Oi~' OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROAN4KE COUNTY, VIRGINIA %"s~ WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Issuer), has previously issued its Indus- trial Development Revenue Note (Fralin and Waldron Commercial Rental II Project), dated December 27, 1984, in the aggregate principal amount of $4,100,400 (the prior Bonds) to finance the construction and equipping of an addition to an existing office facility in Roanoke County, Virginia, operated by Fralin and Waldron Commercial Rental II, a Virginia limited partnership (the Borrower); and WHEREAS, the Borrower has requested that the Issuer issue its Industrial Development Revenue Refunding Bonds (Fralin and Waldron Commercial Rental II Project) Series of 1987, dated July I, 1987, in an aggregate principal amount of $3,6b0,000 (the Bonds), to refund the Prior Bonds and the issuer has agreed to do so; WHEREAS, a public hearing has been held as required by Sec- tion 147(f) of the Internal Revenue Code of i98b, as amended (the Code); and WHEREAS, there have been presented to this meeting the forms of the following instruments (collectively, the Documents) which the issuer proposes to execute to carry out the transactions de- scribed above, copies of which instruments shall be filed with the records of the Issuer: 1. Sale Agreement dated as of July 1, 1987 (the Agree- ment), between the Issuer and the Borrower. 2, Indenture of Trust dated as of July 1, 1987 (the Inden- ture), betvteen the Issuer, the Industrial 'Development Authority of Louisa County, the Industrial Development Authority of the County of Caroline, Virginia, and Signet Trust Company, as trus~ teQ (the Trustee), providing for the issuance of the Hands and including the form of the Bonds. 3. Decd and Bill of Sale to the Borrower, dated as of July 1, 1987 (the Deed). 4. Bond Purchase Agreement between Davenport & Co. of Vir- ginia, Inc., the Issuer and the Borrower, to be dated the date of its execution (the Bond Purchase Agreement). 5. Official Statement of the Issuer to be dated the date of issuance of the Bonds (the Official Statement). 8E IT RESOLVED BY THE INDUSTRII~L DEVELOPMENT ~-UTHORITY OF ROANOKE COUNTY , V I RG I N I A ; ~~~ ° ~, ,~ ~' ,.^~ 1. Signet Trust Company is hereby appointed as Trustee, pursuant to recommendation of the Borrower. 2. The officers of the Issuer are hereby authorized and directed to execute the Documents and to deliver the Documents to the other parties thereto. 3. The Chairman and the Vice Chairman of the Issuer are hereby authorized and directed to accept from the Borrower its promissory note dated the date of issuance of the Bonds and in the aggregate principal amount of the aggregate principal amount of the Bonds (the Note}, and to assign and deliver the xote to the Trustee under the Indenture as security for the Bonds. 4. The Chairman or the Vice Chairman of the Issuer is hereby authorized and directed to execute the Honda by his manual or faCSimiie signature, the Secretary or the Assistant Secretary is authorized and directed to affix the seal, or a facsimile thereof, of the Issuer on the Sands and attest the same, by his manual or facsimile signature, and either is authorized and di- rected to deliver the Honda to the Trustee for authentication and to cause the Bonds so executed and authenticated to be delivered to or for the account of the purchasers thereof upon payment of the purchase price. 5. The Documents and the Bonds shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or the other officers executing them, their execution to constitute conclusive evidence of their ap- proval of any such omissions, insertions and changes. Without limiting the generality of the foregoing, the Chairman and such other officers are authorized to approve: {i} the amount of Bonds maturing or subject to mandatory sinking fund redemption in any year, so long as the final maturity of the Bonds is not later than February 1, 2007 and the average weighted maturity of the Honda does not exceed the average weighted maturity of the Prior Bonds; (ii) the rate of interest borne b an Sond, so long as such interest rate is not greater than8~~~$; tiii) issuance of Bonds in an aggregate principal amount less than that authorized hereby so long as the aggrega~e principal amount of Honda issued is at :east 53,000,000; and (iv) a change n the form of any Doc- ument, including without limitation the Official Statement, re- sulting from such Document relating exclusively to the Bonds. 6. The officers of the Issuer are heresy authorised and directed to execute, deliver and file all certificates and in- struments, including without limitation the IRS Form 8038 ~ ~ Y containing information with respect to the Bonds, and to take all such further action as they,•or any one of them, may consider necessary or desirabl4 in connection with Lhe refunding of the Prior Bonds and the issuance and sale of the Bonds. ~.: ~'`ARr~ -~~ 7. Any authorization made hereby to the officers of the Issuer to execute a document shall include authorization to exe- cute the document, authorization to the Secretary and any Assis- tant Secretary to affix the seal of the Issuer to such document and attest such seal and authorization to any officer to provide for the recording of such document where appropriate and to de- liver it to the other parties thereto. 8. Ali other acts of the officers of the Issuer that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the sonds and the re- funding of the Prior Bonds are hereby approved and confirmed. 9. The Issuer hereby elects to have the provisions of Sec- tion 1~4(a)(4) of the Internal Revenue Code of 198b, as amended, applied to the Honds. 10. The Issuer hereby recommends that the Board of Supervi- sors of Roanoke County approve the issuance of the Bonds. CERTIFICATE The undersigned Chairman of the Industrial Development Au- thority of Roanoke County, Virginia (the Issuer), hereby certi- fies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the issuer present and voting at a meeting duly called and held on July 9, 1987, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. wITNES5 the following signature and seal of the Issuer, this day of July, 1987. L chairman f the Industrial Development Authority of Roanoke County, Virginia -3- ~.D "JUMREF - 624??_ O1 8 Pi1RL i5 Nr ~' S FE f - S20B.24 ~iA~r~ELL r+ DA~BY JF 315 SH:=NAN~GAH BLiIG RLAFJCK.~ VA 24+J11 STATE CF VIAGI~JIA ITY OF F.C~NCiKE AFFiDaVIT L~F PU3LICATIt3r: I, (T HC UrJDER51 GfJE'~l AN UFFICER OF IMES-rDF LD C°~]F.P~FATIDId, l~tH1Ct~ LCP- pOkATI~JN IS PUBLISHEF 0~ THE RDAN['KE T I~1FS E W`~3F LG-NEWS, A DAILY !~'=WSr',~P=~ 'UBLISHED IN K?AfviKE, I~! THE STATE OF V [~G1NIA, DO CERTIFY THAT THL' AN"JEXED V01 ICE WAS PURL ISHED Irv SAID N`Y~SI'Aac~S G°°iV THE F~LLCWING DATES 06/25/87 M''~rJING U7/02/87 M3 RNI'VG rti ITNESS, THI E~Tt-i DL'.Y CF' JULY 19 g7 r; ~ ~ p DFFICEF'S SIGNATUF`' NOTICE OF PUBLIC HEARING ON PROPOSED ~..-_ ~. ~^ ISSUANCE OF INDUSTRIAL ~ ~ d ",„{~ „ ~ DEVELOPMENT REFUNDING BONDS BY THE INDUSTRIAL DEVELOP- MENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA Notice Is hereby Olven that the Industrlal Development Au- thorlty of Roanoke County, Vlrplnla (the Authority), will hold public hearings on the aDDllcatlon of: (1) Frslin end Waldron Commerclsl Rental I1, a Vlrplnla limited Dartner- shlD (Frslin and Waldron Commerclsl Rental II), whose principsl Dlsce of business Is located at 2917 Penn Forest Boulevard, Roanoke, Vlrplnla 2101!, for the Authorlty t0 Is- sue, pursusntfo the Vlrpinla Industrial Development end Revenue Bond Act (the Act), Its Industrlal development revenue refunding bonds In sn -mount not to exceed f3,660,000 to refund the Au- thority's f1, 100,000 Industrlal Development Revenue Note (Frslin and Wsldron Com- merclsl Rents! II Protect), dated December 27, 1911, ; which was Issued to asslst Frslin and Wsldron Commer- cial Rental tl In flnancinp the costs of constructing end equlDPinp an sdditlon to an existing otflce facility known ss th• Atlantic Companies Bulidlnp, located et the corner of Kespy Road end Electric Road In Roanoke County, Vlr- plnla 21016, and (2) F3W Of- tlce Park 11, a Vlrplnla limited psrtnenhlp (F3W Oftic• i Perk 11 ), whose prlnelpai piece of businesslslocafed at 2917 Penn Forest Boulevard, Roanoke, Vlrplnla 21011, for the Authority to Issue, pursu- ant fo tM Act, its Industrial dwNopment nvenw refund-, Inp ponds in an amount not fo exceed 800,000 fo refund tM Authority's 800,000 Industrial Development Revenue Bond (F3W Bulidlnp D Protect), dated October !, 1985, which was Issued to asslst F3W Of- fice Park 11 In flnancinp The costs of acquiring, construct- Inp end equipping of an otflce fscllity located at 2x17 Penn Forest Boulevard, Roanoke County, Vlrpinla 21018. The public hearing, which may be continued or sdlourned, will be held at 9:00 o'clock s.m. on July 9, 1987, before the Author- ' Ity, in the Board of SupervF ', sor's Meeting Room In the Roanoke County Adminlatra- tion Bulidlnp, 3738 Bremble- ton Avenue, S.W., Roanoke, Virginia. As required by the Act, the bonds will not pledge the credit or the taxing Dower of Roanoke County or the Au- thority Dut will be Oeyeble solely from revenues derived from either Frslin and Wetd- ron Commerclsl Rental II or F3W Office Park It, es the case msy be, and pfedped therefor. Any person Interest- ed In the Issuance of the bonds or the location or purpose of the proposed protect may ap• pear and be heard. Additional information concerning the is- suance of such bonds may be obtained from the otflce of the Authority's attorney, Oster• houdt, Ferguson, Natt, Aher- on 3 Apes, P.C., 1919 Electric Road, Roanoke, 'Vlrplnla 24018, during business hours. Industrlal Development Authorlty of Roanoke County, Vlrpinla By: s/Charles R. Saul Chairman (22018) _ ' ~~ C h~~h~ ~ • ' f t.~ Pry` ~~. / __. Exhibit B nership. and appeared on behalf of the Part- reviewed the information set forth in the application of the Partnership attached hereto. In addition, made the following remarks. Nark Y. # t'"`~ RESOLUTION OF THE BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority), has considered the application of Fralin and Waldon Commercial Rental II, a Virginia limited partnership (the Partnership) for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $3,660,000 (the Bonds) to refund the Authority's Indus- trial Development Revenue Bonds (Fralin and Waldron Commercial Rental II Project) in the amount of $4,100,000, issued on December 27, 1984, which were issued to assist in the financing of the construction and equipping of an addition to the Partner- ship's existing office facility, known as the Atlantic Companies Building (the Project) located at the corner of Keagy Road and Electric Road in Roanoke, Virginia, and has held a public hearing thereon on July 9, 1987; and WHEREAS, the Authority has requested the Board of Super- visors (the Board) of Roanoke County, Virginia 4the County), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code); WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board; -1- ,. _ BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board hereby approves the issuance of the Bonds by the Industrial Development Authority of Roanoke County, Vir- ginia, for the benefit of Fralin and Waldron Commercial Rental II, to the extent required by Section 147(f) of the Code, to per- mit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Partnership, but, as re- quired by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authori- ty shall be pledged thereto. 3. This resol•.:tion shall take effect immediately upon its adoption. -2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD A'I' THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1987 RESOLUTION 71487-7 APPROVING THE ISSUANCE OF BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR FOR THE BENEFIT OF FRALIN AND WALDRON COMMERCIAL RENTAL II BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority), has considered the application of Fralin and Waldron Commercial Rental II, a Virginia limited partnership (the Partnership) for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $3,660,000 (the Bonds) to refund the Authority's Industrial Development Revenue Bonds (Fralin and Waldron Commercial Rental II Project) in the amount of $4,100,00, issued on December 27, 1984 which were issued to assist in the financing of the construction and equipping of an addition to the Partnership's existing office facility, known as the Atlantic Companies Building (the Project) located at the corner of Keagy Road and Electric Road in Roanoke, Virginia, and has held a public hearing thereon on July 9, 1987; and WHEREAS, the Authority has requested the Board of Supervisors (the Board) of Roanoke County, Virginia (the County), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code); WHEREAS, a copy of the Authority's resolution approving the issuance of the bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board; BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. The Board hereby approves the issuance of the Bonds by the Industrial Development Authority of Roanoke County, Virginia, for the benefit of Fralin and Waldron Commercial Rental II, to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Partnership, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None A COPY - TESTE: ,~ Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 7/15/87 cc: File Tim Gubala, Assistant County Administrator Brent Sheffler, Economic Development Specialist Industrial Development Authority CERTIFICATE OF RESOLUTION 1. A regular meeting of the Board of Supervisors of Roanoke County, Virginia (the Board), was held on July 14, 1987, at which meeting the following duly elected members were present or absent: PRESENT: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson: ABSENT: None Such members constituted all of the members of the Board on the date of~such meeting. 2. Attached hereto is a true and correct copy of a reso- lution duly adopted at such meeting by the following vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. The resolution referred to above has not been re- pealed, revoked, rescinded or amended but is in full force and effect on this date and constitutes the only resolution adopted by the Board relating to the issuance by the Authority of its in- dustrial development revenue bonds for the benefit of Fralin and Waldron Commercial Rental II. WITNESS my hand and the seal of the Board of Supervisors of Roanoke County, Virginia, this 15 day of July, 1987. ~~~~.~ G~c..C~J Deputy Clerk, Board of Supervisors Roanoke County, Virginia (SEAL) -2- ~`:::"~ Item ~~ "' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: July 14, 1987 SUBJECT: Industrial Development Bonds COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Industrial Development Authority is requesting that the Board of Supervisors approve the refund of certain bonds issued for Fralin and Waldron's Office Park II, 3801 Electric Road, not to exceed $800,000. This action is requested to fulfill a technical requirement of the Bond Counsel and does neither affect the local allocation nor affect the taxing power of Roanoke County or the Authority. FISCAL IMPACT: None RECOMMENDATION: Staff recommends approval. SUBMITTED BY: Brent D. Sheff Economic Development Specialist APPROVED: Elmer C. Hodge, Jr. County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion b No Yes Abs Denied ( ) Received ( ) Referred To Y• Brittle Garrett Johnson McGraw Nickens ..~ .~~: __ ~ l E, July 9, 1987 Board of Supervisors of Roanoke County, Virginia P. 0. Box 660 Salem, Virginia 24153 Industrial Development Authority of Roanoke County, Virginia Proposed Financing for F & W Office Park II F & W Office Park II (the Partnership) has requested that the Industrial Development Authority of Roanoke County, Virginia (the Authority), refund certain of the Authority's bonds issued to assist the Partnership in financing the acquisition, construc- tion and equipping of an office facility located adjacent to an existing facility (the Project) at 3801 Electric Road in Roanoke, Virginia, by the issuance of its industrial development revenue refunding bonds in an amount not to exceed $800,000 (the Bonds). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to do so. The Authority has conducted a public hearing with respect to its pro- posed financing of the Project and has recommended that you ap- prove the issuance of the Bonds as required by Section 147{f) of the Internal Revenue Code of 1986, as amended. ~ ~; Attached hereto is (1) a certificate evidencing the con- duct of the public hearing and the action taken by the Authority, (2) the "Fiscal Impact Statement" and (3) the form of resolution suggested by counsel to evidence your approval. SeCvt~avy of the In strial Development Authority of Roanoke County, Virginia -2- ~~ F & W Office Park II _.~ !e CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Roanoke County, Virginia (the Authority), hereby certifies as follows: 1. A regular meeting of the Authority was duly called and held on July 9, 1987, at 9:00 o'clock a.m, in the Board of Supervisors Meeting Room in the Roanoke County Administration Building, 3738 Brambleton Avenue, S.W., Roanoke, Virginia. The meeting was open to the public, and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent throughout as follows: PRESENT: f3~~~Iy ~• ~rtHc~J Cha,./~s tQ•~'z~ ~ f3;~1 1'vi~o/t 11' f/. ~ a vh t // (~i •v~ ~ ~/ ~ vc~ ABSENT : ~ DIM s S ~~. T off ~~~ .T, Crvlo~ c~ua//eS ~Zhie//~.2atiN 2. The Chairman announced the commencement of a public hearing on the application of F & W Office Park II (the Partner- ship) and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in Roanoke County, Virginia (the Notice). A copy of the Notice and a certificate of publica- tion of such Notice have been filed with the records of the Au- thority and are attached hereto as Exhibit A. ~.__, , 4 .~. . --r , ~' 3. The following individuals appeared and addressed the Authority: //e M ~ A reasonably detailed summary of his her their statements together with the fiscal impact statement required by the Indus- trial Development Revenue Bond Act are attached hereto as Exhib- its B and C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the Resolution) adopted at such meeting of the Authority by a majority of the Directors present at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: Director Vote j~;~/y ~ 13r1HcG, ~~ e Ctia~/eJ 2.Sa~/ lye jj~ 1 / ~r,~0/C~ ~'~ e The Resolution constitutes all formal action taken by the Author- ity at such meeting relating to matters referred to in the Reso- lution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. -2- ."' ~ °~ WITNESS my hand and the seal of the Authority this day of July, 1987. Secretary, Indust i 1 Development Authority of Roanoke County, Virginia (SEAL) Exhibits A, B and C to be attached. A - Copy of Notice, Certified by Newspaper B - Summaries of Statements C - Fiscal Impact Statement D - Inducement Resolution -3- PURL IS HERS S FEE - S2QB.24 HAFh'ELL M D'+R.RY JF 31~ S-1EfVANDG4H BLi1G KLAPJ~KE VA 24~J11 STATE CF VIAGIPJIA S iTY JF RCANOKE AFFI~JAVIT OF PU$LICNTI(~P, I, (THE UPJDERSI Gfr'ED) AN C)FFICER_ C',F T IMFS-,MGR LD C~~F,PDFATIDP~, t~1NIC±-I CC'F- DOkATI~N IS PUBLISHER n~ THE RDANDKE T IMES E %'ORLD-NEWS, A DAILY ~!=~~iS~AP_R ~UFlLISHED IN R'?AN~KE, IN THE STATE OF V I~ GINIA, DO CERTIFY TH~,T THE ANNEXE!3 VL~T ICE WAS PURL ISHED ITS SAID N`Y,!Sf'A~ERS C+V T?~E FvLLCWING DATES ~)b/25/87 M"RtViNG (37/t~2/87 MJR~;I`VG ,t ITNESS, THI 67Fi DAY CF JULY 1Q87 F `~ FF IC EF • S S iGNA TUF ~' NOTICE OF PUBLIC HEARING ON PROPOSED ~-~--° ,~ ! ~ _,.,, =.. ~ ~ ISSUANCE OF INDUSTRIAL ! / DEVELOPMENT REFUNDING BONDS BY THE INDUSTRIAL DEVELOP- MENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA Notice Is hereby given that the industrlsl Development Au- thority of Roanoke County, Virplnle (the Authority), will ' hold Dubllc hearings on the application of: (1) Fralln and Waldron Commercial Rental II, s Vlrpinia Ilmited partner- shlD (Fralln and Waldron Commercial Rental 11 ), whose principal place O} business Is located st 2917 Penn Forest Boulevard, Roanoke, Virplnle 21018, for the Authorlty to Is- sue, pursuant to the Vlrplnla Industrial Development and Revenue Bond Act (the Act), Its Industrlal development revenue refunding ponds in an smount not to exceed (3,660,000 to refund the Au- thority's f1, 100, 000 Industrlal Development Revenue Note (Fralln and Waldron Com- mercial Rental II Protect), dated December 27, 19({1, which was Issued fo sssist Fralln and Wsldron Commer• clal Rental 11 In financing the costs of constructing and equlppinp an sddition to an existing office facllity known as the Atlsntlc Companies Building, located st the corner of Kespy Road end Electric Road In Roanoke County, Vlr• pima 21018, end (2) F3W Of• flce Psrk II, a Virplnle Ilmited parinershlD (F3W Offlee Park II), whoN principal piece of business Is located et 4917 Penn Forest Boulward, Roanoke, Vlrplnla 21011, for fhe Authorlty to Issue, purw• ant to tM Act, tts Industrial development revenue refund-, Inp bonds In an amount not to exceed fe00,000 to re}und tM Authority's f800,000 Industrlal Development Revenue Bond (F3W Building D Protect), dsted October 0. tMS, which was Issued to assist F3W Of• ffce Park II in financing The costs of acquiring, construN- Inp antl equlppinp of an of}Ice facllity located at 2817 Penn Forest Boulevard, Roanoke County, Vlrplnla 21018. The public hesrinp, which may be continued or adlournetl, will be held at 9:00 o'clock a.m. on July 9, 1987, before the Author- lty, In the Board of Supervi- sor's Meeting Room in the Roanoke County Administra- tion Building, 3738 Bremble- ton Avenue, S. W., Roanoke, Vlrplnla. As required by the Act, the bonds will not pledge the creditor the taxlnD Dower of Roanoke County or the Au- thorlty but will be payable solely from revenues derived from either Fralln and Wald- ron Commercial Rentsl 11 or F3W Office Park II, as the case may be, and pledged therefor. Any person Interest- ed In the Issuance of the bonds or the location or purpose of the proposed Drolect may ap• pear and be heard. Additional information concerning the Is- suance of such bonds may be obtained from the office of the Authority's attorney, Oster• houdt, Ferguson, Nstt, AAer• on 3 Apes, P.C„ 1919 Electric Road, Roanoke, Virginia 21016, during business hours. Industrial Development Authorlty of Roanoke County, Vlrpinia By: s/Charles R. Saul 22o1 'yr ' • i ( e) e n j~/ r~ Exhibit B nership. and appeared on behalf of the Part- reviewed the information set forth in the application of the Partnership attached hereto. In addition, made the following remarks. ~/o n e FISTAI. IMPACT STATEMENT .- A July 9, 1987 _ Data' F & W Office park Appi cant F & w Building D ace ty 1. Maximum amount of finnncinq sought Z. Estimated taxable value of the facility's real property to ba constructed in th• municipality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rotas 5. Estimated merchants' capital tax por year using present tax rates 6. Estimated dollar value per year of goods and services that will be purohm:ed locally _------. ---~:--~ ~#mat~- -R~ha~ at.-=eg~s,la.~-.ampiayaea oz~.. year round basis 8. Avezage annual salary per employeQ $l30 0 0 _ $1.400 000* _ S 16 ,~_~,_,_ $ .~..~5~.~..~. $_ N/A•- $ 233,333* _.._. -- 75*-~----~ $ 15 400* Industrial Development Authority r it inia Nam• o Author ty *Applies to facility constructed with bonds being refunded FINAL RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY __ OF ROA,*IOKE COUNTY , V I RG I N I A WHEREAS, the industrial Development Authority of Roanoke County, Virginia (the Issuer), has previously issued its Indus- trial Development Revenue Bond (F ~ W Building D Project), dated October 8, 1985, in the aggregate principal amount of $800,000 (the Prior Bonds) to finance the construction and equipping of an office facility for rent to commercial tenants in Roanoke County, Virginia, operated by F & W Office Fark II, a Virginia limited partnership (the Borrower); and WHEREAS, the Borrower has requested that the Issuer issue its Industrial Development Revenue Refunding Bonds (F & w avild- ing D Project) Series of 1987, dated July 1, 1987, in an aggre- gate principal amount of 5760,000 (the Sonds), to refund the prior Bonds and the Issuer has agreed to do so; WHEREAS, a public hearing has been held as required by Sec- tion 147(f) of the internal Revenue Code of 1986, as amended (the Code); and WHEREAS, there have been presented to this meeting the forms of the following instruments (collectively, the Documents) which the Issuer proposes to execute to carry out the transactions de- scribed above, copies of which instruments shall be filed with the records of the Issuer: 1. Sale Agreement dated as of July 1, 1987 (the Agree- ment), between the Issuer and the Borrower. 2. Indenture of Trust dated as of July 1, 1987 (the Inden- ture), between the Issuer, the Industrial Development Authority of Louisa County, the Industrial Development Authority of the County of Caroline, Virginia, and Signet Trust Company, as trus- tee {the Trustee), providing for the issuance of the Honds and including the form of the Bonds. 3. Deed and Bill of Sale t.o the Borrower, dated as o` July 1, 1987 (the Deed). 4. Bond Purchase Agreement between Davenport & Co. of Vir- ginia, Inc., the Issuer snd the Borrower, to be dated the date of its execution (the Bond Purchase Agreement). 5. Official Statement of the Issuer to be dated the date of issuance of the Bonds (the Official Statement). Y BE IT RESOLVED HY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF i+tOANOKE COUNTY , V I RG I h' I A t 1. Signet Trust Company is hereby appointed as Trustee, pursuant to recommendation of the Borrower. 2. The officers of the Issuer are hereby authorized and directed to execute the Documents and to deliver the Documents to the other parties thereto. 3. The Chairman and the vice Chairman of the Issuer are hereby authorized and directed to accept from the Borrower its promissory note dated the date of issuance of the Bonds and in the aggregate principal amount of the aggregate principal amount of the Bonds (the Note), and to assign and deliver the Note to the Trustee under the Indenture as security for the Bonds. 4. The Chairman or the Vice Chairman of the Issuer is hereby authorized and directed to execute the Honds by his manual or facsimile signature, the Secretary ar the Assistant Secretary is authorized and directed to affix the seal, or a facsimile thereof, of the issuer on the Bonds and attest the same, by his manual or facsimile signature, and either is authorized and di- rected to deliver the Bonds to the Trustee for authentication and to cause the Honds so executed and authenticated to be delivered to or for the account of the purchasers thereof upon payment of the purchase price. 5. The Documents and the Bonds shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or the other officers executing them, their execution to constitute conclusive evidence of their 8p- proval of any such omissions, insertions and changes. Without limiting the generality of the foregoing, the Chairman and such other officers are authorized to approve: (i) the amount of Bonds maturing or subject to mandatory sinking fund redemption in any year, so long as the final maturity of the Bonds i$ not later than October 10, 2005 and the average weighted maturity of the Bonds does not exceed the average weighted maturity of the Prior Bonds; (ii) the rate of interest borne by any Bond, so long as such interest rates is not greater thana,T~~; (iii) issuance of Bonds in an aggregate priincipal amount less than t~:at authorized hereby so fang as the aggregate principal amount of Hr.ds issued is at least S~50,000; and (iv) a change in the form of any Docu- ment, including without limitation the Official Statement, re- sulting from such Document relating exclusively to the Bonds. 6. The officers of the Issuer are hereby authorized and directed to execute, deliver and file all certificates and in- struments, including without limitation the IRS Form 8038 -2- containing information with respect to the Bonds, and to take all such further action as they, or any one of them, may consider necessary or desirable in connection with the refunding of the Prior Bonds end the issuance and sale of the Honda. 7. Any authorization made hereby to the officers of the Issuer to execute a document shall include authorization to exe- cute the document, authorization to the Secretary and any Assis- tant Secretary to affix the seal of the Issuer to such document and attest such seal and authorization to any officer to provide for the recording of such document where appropriate and to de- liver it to the other parties thereto. 8. Ail other acts of the officers of the Issuer that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds and the re- funding of the Prior Bonds are hereby approved and confirmed. 9. The Issuer hereby elects to have the provisions of Sec- tion 144(a}(4} of the Internal Revenue Code of 1966, as amended, applied to the Bonds. i0. The Issuer hereby recommends that the Board of Supervi- sors of Roanoke County approve the issuance of the Bonds. CERTIFICATE The undersigned Chairman of the Industrial Development Au- thority of Roanoke County, Virginia (the Issuer), hereby certi- fies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Issuer present and voting at a meeting duly called and held on July 9, 19$7, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Issucr, this day of July, 1987. ,~ ~~ ~_ ` Chairman ~ the Industrial Development Authority of Roanoke County Virginia -3- ,[ ~,, , ._, d. , ~1 RESOLUTION OF BOARD OF SUPERVISORS F ROANOKE COUNTY], VIRGINI WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority), has considered the application of F & W Office Park II, a Virginia limited partnership (the Partnership) for the issuance of the Authority's industrial de- velopment revenue refunding bonds in an amount not to exceed $800,000 (the Bonds) to refund the Authority's Industrial Devel- opment Revenue Bonds (F & W Building D Project) in the amount of $800,000, issued on October 8, 1985, which were issued to assist in the financing of the construction and equipping of an office facility for rent to commercial tenants in Roanoke County, Vir- ginia, (the Project) located at 3801 Electric Road in Roanoke, Virginia, and has held a public hearing thereon on July 9, 1987; and WHEREAS, the Authority has requested the Board of Super- visors (the Board) of Roanoke County, Virginia (the County), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code); WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to tY:e Project have been filed with the Board; -1- ~~ ~ BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board hereby approves the issuance of the Bonds by the Industrial Development Authority of Roanoke County, Vir- ginia, for the benefit of F & W Office Park II, to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Partnership, but, as re- quired by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authori- ty shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. -2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1987 RESOLUTION 71487-6 APPROVING THE ISSUANCE OF BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY' FOR FOR THE BENEFIT OF F & W OFFICE PARK II BE I'r RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority>, has considered the application of F & W Office Park II, a Virginia limited partnership (the Partnership) for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $800,000 (the Bonds) to refund the A uthority's Industrial Development Revenue Bonds (F & W Building D Project) in the amount of $800,000, issued on October 8, 1985, which were issued to assist in the financing of the construction and equipping of an office facility for rent to commercial tenants in Roanoke County, Virginia (the Project) located at 3801 Electric Road in Roanoke, Virginia, and has held a public hearing thereon on July 9, 1987; and WHEREAS, the Authority has requested the Board of Supervisors (the Board) of Roanoke County, Virginia (the County), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code); WHEREAS, a copy of the Authority's resolution approving the issuance of the bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board; BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. The Board hereby approves the issuance of the Bonds by the Industrial Development Authority of Roanoke County, Virginia, for the benefit of F & W Office Park II„ to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Partnership, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None A COPY - TESTE: `~)~ C~ ~- Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 7/15/87 cc: File Tim Gubala, Assistant County Administrator Brent Sheffler, Economic Develoment Specialist Industrial Development Authority .. F & W Office Park II CERTIFICATE OF RESOLUTION 1. A regular meeting of the Board of Supervisors of Roanoke County, Virginia (the Board), was held on July 7.4, 1987, at which meeting the following duly elected members were present or absent: PRESENT: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson ABSENT: None Such members constituted all of the members of the Board on the date of such meeting. 2. Attached hereto is a true and correct copy of a reso- lution duly adopted at such meeting by the following vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens Johnson NAYS: None 3. The resolution referred to above has not been re- pealed, revoked, rescinded or amended but is in full force and effect on this date and constitutes the only resolution adopted by the Board relating to the issuance by the Authority of its in- dustrial development revenue bonds for the benefit of F & W Of- fice Park II. WITNESS my hand and the seal of the Board of Supervisors of Roanoke County, Virginia, this 15 day of July, 1987. Deputy Clerk, B and of Supervisors Roanoke County, Virginia (SEAL) -2- A-71487-8 ITEM NUMBER ~" AT A REGULAR MEETING OF THE BOARD COUNTY, VIRGINIA HELD AT THE ROANOKE IN ROANOKE, VA., ON MEETING DATE: July 14, 1987 OF SUPERVISORS OF ROANOKE COUNTY ADMINISTRATION CENTER TUESDAY, SUBJECT: Petition of Tim Edmondson for Allowance of Claim COUNTY ADMINISTRA/T~OR'SVCO~MMENTS~~~ SUMMARY OF INFORMATION: Mr. Tim Edmondson, formerly a detective in the Roanoke County Sheriff's Department, has petitioned the Board in accor- dance with Virginia Code Section 15.1-550 (see attached letter) for allowance of a claim of $255. This Code section requires that before a person may institute a court action against a county he must first present the claim to the Board of Super- visors. Mr. Edmondson's claim arises from a March 1986 disciplin- ary action which resulted in his being suspended without pay for three days. Mr. Edmondson has now left County employment and seeks to secure the lost pay for the three-day suspension. Prior to the suspension, Mr. Edmondson received a letter from Sheriff O. S. Foster notifying him of the impending disci- plinary action. Mr. Edmondson chose not to contest the suspen- sion through the grievance system. Now that he has left County employment, he is seeking relief from the Board. FISCAL IMPACT:~,~~~ None . ~` RECOMMENDATION: The County Attorney recommends that the claim be denied. The petitioner failed to exhaust his administrative remedy and should not be awarded compensation from the Board. Respectfully submitted, ~~ Paul M. Mahoney County Attorney ~- c-~ Approved ( ) Denied (x) Received ( ) Referred To ACTION VOTE Motion by: goh ~ 7n}"1pSnp ~.~'ij'P~TPn No Yes Abs A. McGraw to dQr.y c-ia;m Brittle x Garrett x Johnson x McGraw x Nickens x cc: File Sheriff Foster Paul Mahoney Keith Cook LAW OFFICES OSTERHOUDT, FERGUSON, NATT, AHERON &AGEE A PROFESSIONAL CORPORATION 1919 ELECTRIC ROAD, S. W. CHARLES H. OSTERHOUDT P. O. BOX 20008 MIC HAEL S. FERGUSON EDWARD A. NATT ROANOKE, VIRGINIA MICHAEL J. AHERON 24018-1699 G. STEVEN AGEE MARK D. KIDD June 17, 1987 Board of Supervisors of Roanoke County P. 0. Box 3800 Roanoke, VA 24015 RE: Tim Edmondson Gentlemen: OF COUNSEL PHILLIP A. SHORT C. JOHN RENICK 703-774-1197 Pursuant to the provisior~s of Section 15.1-550 of the Code of Virginia, this claim is made against the Board of Supervisors on behalf of my client, Mr Tim Edmondson. This claim is in the amount of $255.00 and represents a sum due to Mr. Edmondson for his employment on March Ilth, 12th and 13th, 1986. His paycheck for that period was improperly deducted. There is no basis for said deduction in his per- sonnel file and Mr. Edmondson, therefore, feels as if he is entitled to the funds. This matter has been brought to the attention of the County Administration and the Administration has failed to make the necessary adjustments. Therefore, the appeal to the Board of Supervisors is necessary pursuant to the pro- visions of law. Your attention to this matter would be appreciated. Very truly yours, OSTERHOUDT, FERGUSON, NATT, AH~E`RON t; AGEE, P. C. ~~-~`t^1~~ U 1i Edward A. Natt ~bP A-71487-9 ITEM NUMBER ~'_-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: July 14, 1987 SUBJECT: Protest of Bid by Oxford Services COUNTY ADMINISTRATOR`'%~'JS `COMMENTS ~CGt.b 1' G~i.!'~n2R% SUMMARY OF INFORMATION: The attorney for Oxford Services, Inc. submitted a written protest of the award of bid RC87-20 by letter dated June 26, 1987, a copy of which is attached. This bid was for janitorial cleaning services for FY 1987-88. The invitation to bid was issued on May 5, 1987, and re- sulted in four (4) responses: Oxford Services, Inc. $72,681.00 American Chemical $72,952.98 Swan Services $74,681.52 ARC Roanoke (CHD) $142,794.72 Roy Nester, Director of Buildings and Grounds, has docu- mented the numerous complaints from various County departments concerning the cleaning services provided by Oxford during the past year. Mr. Nester reports that he repeatedly discussed these problems with Oxford's management by telephone and by meetings (including tours of the various facilities) in an attempt to cor- rect these problems. Based upon these reported complaints and the record of per- formance during the past contract year, Mr. Nester recommended that the janitorial services contract for FY 1987-88 be awarded to the next low bidder, American Chemical Company. The differ- ence between these two bids was $271.98. J. Gradick Council, Procurement Director, concurred in this recommendation, and the County awarded this contract to American Chemical Company. RECOMMENDATION: Staff recommends that this protest by Oxford Services, Inc. be rejected, and that the Board confirm and ratify the award of the contract to American Chemical Company. This action is based upon unsatisfactory performance of Oxford Services, Inc. during ~~- ~~ the 1986-87 contract year. Further, the Board confirms and ratifies the determination to proceed with the contract to protect the public interest. Respectfully submitted, ~ ~~. Paul M. Mahoney County Attorney Attachment - Letter dated 6/26/87 from Charles N. Center ACTION VOTE Approved ( ) Motion by: Lee Garrett/Steven No Yes Abs Denied (x) A. McGraw to deny - Brittle ~- Received ( ) Garrett ~ Referred Johnson ~ To McGraw ~- Nickens _~___ cc: File Paul Mahoney Jack Council Roy Nester CHARLES N. CENTER, P.C. ~ ATTORNEYS AT LAW 3400 PEACHTREE ROAD, N.E. SUITE 1701 ATLANTA. GEORGIA 30326 June 26 , 190 1 TELEPHONE CHARLES N. CENTER f4O4) 233-0001 STEVEN C. ROSEN Mr. J. Gradick Council County of Roanoke Procurement Services P. 0. Box 29800 Roanoke, VA 24018 Re: Bid RC87-20 Cleaning Services Dear Mr. Council: This letter constitutes a formal protest of the award of Bid #RC87-20 on behalf of Oxford Services, Inc. The basis for our protest is as follows: 1. Oxford Services was the low bidder for the contract. 2. Oxford Services satisfactorily completed all the terms and conditions of the contract for the prior years. 3. The award of the contract to American Chemical Company was arbitrary and capricious. The relief sought by Oxford is the cancellation of the contract between the County and American Chemical Company and the awarding of the contract to Oxford Services. As the contractor to the County for the last two years we believe we were the most experienced and qualified bidder. Although the stated reason for not awarding the contract to Oxford was purportedly unsatisfactory performance, the record does not reflect that. We note that the cleaning contract awarded consisted of in excess of 100,000 square feet. Specifications of the requirements under the contract are also contained. Our client, Oxford Services, has performed all of its obligations under the contract. Specific provision in the contract under the heading "Inspections" calls for the County to make inspections of the premises monthly or more frequently. According to the contract "unacceptable work shall be brought to the attention of the contractor and given two days to correct". Oxford Services was never given any opportunity to correct CHARDS N. CENTER, P.C. Mr. J. Gradick Council Page 2 July 26, 1987 - ~~ any matters which the County maintained to be unacceptable. Oxford's performance must have been acceptable in the past. If the County 'has not complied with its contractual obligations in regard to any complaints it may have had and if it has not given Oxford Services the contractual opportunity to cure any alleged defects, it cannot base the award of a new contract to another bidder on unsatisfactory service. To do so constitutes the granting of an award for arbitrary and capricious reasons. Please note that in December, 1986 and again in May, 1987, Oxford Services corresponded with the County and submitted Quality Rating Surveys with self-addressed stamped envelopes. As a continuing effort to monitor the services performed and assure that our customer (in this case the County) is satisfied, our client submitted the Quality Rating Surveys. If there had been any complaintthe County to the services which Oxford had been providing it to the could have taken this opportunity to bring attention of Oxford. By virtue of the County's failure to submit any complaints as to services on the survey which Uxford submitted to it and since the County never raised any objections to the services nor offered Oxford an opportunity to cure any alleged problems, it is unreasonable to base the denial of the contract to the low bidder on unsatisfactory services. Please accept this letter as our protest of award pursuant to Section 17-129 of the Roanoke County Code. We request, pursuant to Section 17-131 that no further action be taken to award the contract and that, after consideration by the County Board of Supervisors a determination be made that the decision to award the contract to American Chemical Company was arbitrary or capricious, that the contract be terminated and that a new contract be awarded to Oxford Services. Sincerely, ,~cr~~~ ~ Charles N. Center lg cc: Oxford Services, Inc. 'ROANO~' O F ~ ' A ~ ~ ~l o ~ v a 1838 COUNTY ATTORNEY PAUL M. MAHONEY July 1, 1987 Charles N. Center, Esq. Attorney at law 3400 Peachtree Road, NE Suite 1701 Atlanta, CA 30326 Re: Bid RC87-20 Cleaning Services Dear Sir: This correspondence is in response to your letter dated June 26, 1987. You requested that your letter be treated as a formal protest of Bid #RC87-20 on behalf of Oxford Services, Inc. Section 17-129 of the County Code requires that the Board of Supervisors shall render a decision within ten (10) days upon your protest. The Board of Super- visors of Roanoke County regularly meets on the second and fourth Tuesdays of each month.. The next regular meeting is scheduled for July 14, 1987, at 3:00 p.m. You can appear before the Board to present any testimony, evidence or argument relevant to this issue at that time. If you do not concur, a special meeting of the Board could be scheduled. If you desire this action, please contact me at your earliest convenience to schedule a mutually agreeable date and time. You requested that no further action be taken to award the contract, pursuant to Section 17-131. The contract had already been awarded and the successful bidder had been directed to proceed with performance prior to receipt of the protest. I am forwarding a copy of this letter to American Chemical Company, since that company has an interest in this matter. P. O. BOX 3800 ROANOKE COUNTY. VIRGINIA 24015 (703) 772-2007 Charles N. Center, Fsq. ~ Page Sao July 7, 1987 Please contact me concerning your wishes regarding the date and time for your protest to the Board. Very truly yours, ~.~,~ Paul M. Mahoney County Attorney PMM/sg cc - American Chemical Co. Ms. Mary Allen Mr. Jack G. Council ITEM NUMBER /~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: July 14, 1987 SUBJECT: Protest of Bid by Valley Communications COUNTY ADMINISTRATOR'S COMMENTS: ~~~~~ ~~ ~ SUMMARY OF INFORMATION: By letter dated July 1, 1987, Valley Communications submit- ted an apparent protest of the award of bid RC87-19, a copy of which is attached. This bid was for a maintenance agreement for surveillance equipment in the jail for FY 1987-88. Invitations to bid were issued April 24, 1987, and resulted in three (3) vendors submitting responses: Valley Communications - $550 per month $55 per hour, emergency Kane Communication Systems - $600 per month $37.50 per hour, emergency Radio Communication - No Bid Valley Communications was the low bidder and was the contrac- tor for these services for FY 1986-87. Based upon numerous com- plaints from the Sheriff's Department and fruitless attempts to resolve these problems with this contractor, it was determined that the performance was unsatisfactory. Based upon these complaints and the record of performance during the past contract year, the Sheriff's Department recom- mended that the maintenance agreement for surveillance equipment in the jail for FY 1987-88 be awarded to the next low bidder - Kane Communictaion Systems. The difference between these two bids was $600, less $17.50 per hour for emergency work (after 5:00 p.m.). RECOMMENDATION: Staff recommends that this protest by Valley Communications be rejected, and that the Board confirm and ratify the award of ~/ tl;.e contract to Kane Communication Systems. This action is based upon unsatisfactory performance of Valley Communications during the 1986-87 contract year. Further, the Board confirms and ratifies the determination to proceed with the contract to protect the public interest. Respectfully submitted, ~~ yYl / Paul M. Mahoney County Attorney Attachment - Letter dated July 1, 1987 from Valley Communications ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion by• No Yes Abs Denied ( ) Received ( ) Referred To Brittle Garrett Johnson McGraw Nickens ~- 7 VALLEY COMMUNICATIONS ~ 703-389-1918 July 1, 1987 Mr. Jack Council, Purchasing Agent County of Roanoke P. 0. Box 3800 Roanoke, Virginia 24015 231 E. 4TH STREET P. O. BOX 598 SALEM, VA 24153 Ref: Bid/Proposal Number: Bid RC87-19 Maintenance Agreement-Surveillance Equipment Roanoke County. Salem Jail _ .Awarded to: Kane's Communication Systems Dear Mr. Council: Following our meeting on July 1, 1987 with Capt. Huff, Don Fiel-der and Bonnie Preas, we are hereby notifying you Ghat we will appeal your decision to award the Maintenance Agreement on the Roanoke County .Salem Jail Surveillance Equipment to someone other than Valley Communications, even though~Valley was the low bidder. As stated: "This decision is based on the department's recommendation, lack of performance and higher hourly costs", we feel is not justified. We will be in contact with you again regarding this situation. Sincerely, VALLEY COMMUNICATIONS Mark W. Cronk MWC/dmh cc: Sherrill L. Smith cc: Pat Whitescarver O~ ROA O~ F ~, ~ ~~ Z ~ 2 v a. 1838 ~IILtYlt1J Uf 1,~UElYIII~iP COUNTY ATTORNEY July 7, 1987 Valley Communications P. 0. Box 598 Salem, VA 24153 ATT'ENT'ION: Mr. Mark W. Cronk Re: Bid RC87-19 Maintenance Agreement - Surveillance Equipment Dear Mr. Cronk: ~_ _ ~ PAUL M. MAHONEY ..This correspondence is in response to your letter dated July 1, 1987, concern- ing the above-referenced matter. Mr. Council-forwarded your .letter. to me for response. You stated that you wish to appeal the decision awarding this con- tract to Kane's Communication System. Section 17-129 of the County Code describes the procedure to protest a.con- tract award. I presume that your July 1, 1987, letter constitutes a formal protest. This section provides that the ". written protest shall include the basis for the protest and the relief sought." Also, this section provides. that the Board of Supervisors shall issue a written decision within ten (10) days stating the reasons for the action taken. Since the Board meets on the second and fourth Tuesdays of each month, your protest could be scheduled for hearing at the regular Board meeting. At that time you could present any information relevant to the protest. In the alter- native you could request a special meeting of the Board to hear your protest, in order to comply with the ten (10) day limit. The parties can mutually agree to extend these time limits. Please provide me with your written protest stating the basis for the protest and the relief sought. Also, please contact me concerning your intentions regarding the date and time for your protest hearing before the Board of Super- visors. P. O. BOX 3800 ROANOKE COUNTY. VIRGINIA 24015 (703) 772-2007 ~- Valley Communications Page Trio July 7, 1987 Since Kane's ComQnunication Systems has a contractual intE~rest in this matter, I am notifying that party by copy of this letter of your protest, so that it may take such actions as it may deem appropriate to protect; its interests. Very truly yours, 'Ylll ' Paul M. Mahoney County Attorney PNN1/sg cc - Mr. J. Gradick Council Mrs. Mary`Allen Kane's Communication Systems ,. ~ ~ ,~/ ITEM NUMBER ~~ O " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: July 14, 1987 SUBJECT: Public hearing and resolution pursuant to Section 15.1- 238(e) authorizing condemnation and right-of-entry for North Lakes Water Interconnection Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Two properties were involved in easement acquisition for the North Lakes Water Interconnection Project in the area of North Lakes Drive and Peters Creek Road. After discussion and negotiations, one property owner has conveyed to the County a right-of-way. Section 15.1-238(e) provides for a notice and public hearing by the Board of Supervisors to authorize immediate entry upon real estate and condemnation thereof. In order to complete the North Lakes Interconnection Project, one easement must be con- demned: Green Market, Inc. - Fair Market Value - $580.00 Notice by mail was given to the property owner in question. This procedure is a necessary first step to commence condemnation proceedings. FISCAL IMPACT: $580.00 plus legal costs and expenses for the condemnation actions and expert witness fees. Utility Fund monies are being used for the easement acquisition. RECOMMENDATION: It is recommended that the proposed resolution be adopted by the Board after the required public hearing. ~~~ ;> f Respectfully submitted, Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred To Motion by: ACTION Brittle Garrett Johnson McGraw Nickens VOTE No Yes Abs ~~~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JULY 14, 1987 RESOLUTION PURSUANT TO SECTION 15.1- 238(e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTY AND TO TAKE A WATER LINE EASE- MENT IN CONNECTION WITH THE NORTH LAKES WATER INTERCONNECTION PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the North Lakes Water Interconnection Project involves the construction of a pump station and two sections of water line. This construction will allow the 500,000 gallon Loch Haven water reservoir to be supplied with water from Roanoke City, in addition to the higher quality wells in the area. This reservoir supplies water to the North Lakes subdivision and other development in this area; and 2. That in order to complete this construction, a cer- tain right-of-way is needed and more particularly described as follows: A twenty (20) foot strip of land across the property of Green Market, Inc. and more particularly described on a plat and appraisal report which are attached. Together with a ten (10) foot temporary construction easement across the property of Green Market, Inc. and more particularly described on the above-referenced plat and report. The fair market value of the aforesaid interest to be acquired is $580.00, such compensation and damages, if any, having been offered the property owner. '7 ~ ~ ._ ~ 2. That is is immediately necessary for the County to enter upon and take such property and commence said construction in order to provide higher quality water and wells to the citizens of North Lakes and surrounding development; and 3. That pursuant to the provisions of Section 15.1- 238(e) of the 1950 Code of Virginia, as amended, and pursuant to notice and public hearing as made and provided therein, the Board does hereby invoke all and singular rights and privileges and provisions of said Section 15.1-238(e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Section 33.1-129 of the 1950 Code of Virginia, as amended, all as made and provided by law. r: ~. / O r~~~ APPRAISAL REPORT OF A PROPOSED EASEMENT FOR NORTH LAKES WATER INTERCONNECTION PROPERTY LOCATION North East Corner ~ Peters Creek Road and North Lakes Drive Roanoke County, Virginia PROPERTY OWNER Green Market, Inc. PREPARED FOR County of Roanoke Department of Public Facilities Mr. Phillip T. Henry, P.E. Director of Engineering P. 0. Box 3800 Roanoke, Virginia 24015 BY Earl G. Robertson, MAI, SRPA ... COMMONWEALTH APPRAISAL COMPANY Real Estate Appraisers and Consultants . EARL 6. ROBERTSON, MAI, SRPA ~~ ~-_~ PROFESSIONAL ARTS BUILDING • TELEPHONE (703) 342-3861 • P.O. BOX 1 168 • ROANOKE, VIRGINIA 24006 June 15, 1987 Mr. Phillip T. Henry, P.E. Director of Engineering Roanoke County Department of Public Facilities P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Henry: At your request I have personally inspected the proposed acquisition described in this report. It was this appraiser's opinion that the esti- mated market value of the proposed easement to be acquired was: FIVE HUNDRED EIGHTY DOLLARS ($580.00) as it existed on June 8, 1987. This report is believed to be complete and the opportunity to be of service is appreciated. However, if there are any questions or if I can be of further assistance, please let me know. Sincerely, Earl G. Robert on, MAI, SRPA EGR/khv ~~ _ r PURPOSE OF APPRAISAL / ~ ~..__/ The purpose of this appraisal is to estimate the market value of a pro- posed sewerline easement through the property described in this report and as shown on the attached plat dated May 28, 1987. The American Institute of Real Estate Appraisers defines the term market value as "The most probable price in terms of cash which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assum- ing the price is not affected by undue stimulus." PROPERTY RIGHTS APPRAISED The appraisal of this property is predicated on the assumption that the title is in fee simple, free and clear of all liens or assessments and that easements or land covenants affecting the property have no objection- able clauses. STREET IMPROVEMENTS Peters Creek Road and North Lakes Drive are paved and state maintained. ZONING Existing zoning is "Business" (B-1) and "Single Family Residential" (R-1). UTILITIES Electricity, water, sewer and telephone service are available to the sub- ject property. FLOOD ZONE The subject property is not located in a designated flood hazard area. DATE OF PROPERTY INSPECTION June 8, 1987 DATE VALUATION APPLIES June 8, 198? HIGI~ST AND BEST USE The highest and best use of the subject property is a continuation of its present use which is for commercial purposes. COMMONWEALTH APPRAISAL COMPANY ~.. DESCRIPTION OF PROPERTY ~ ~ ~~,~ Land - The subject land is an odd shaped site located at the northeast corner of Peters Creek Road and North Lakes Drive in Roanoke County. This land is nearly on grade with both streets and rises gradually toward the rear (northerly direction). It also is slightly rolling from side to side. The front portion of this site is used for commercial purposes and the back portion is unimproved. This back portion is covered with grass, bushes and short ground cover. Total land area is 3.42 acres according to information furnished to this appraiser. DESCRIPTION OF THE TAKING The proposed land to be acquired is an easement located along the back portion and adjacent to the left sideline (See Attached Plat). The acquisition consists of a 20' wide permanent easement adjacent to the west sideline from the left rear corner forward for a distance of 356.95 feet. A 10 foot wide construction easement of the same length is adjacent to the east side of the permanent easement. Total area in the permanent easement is 7,216 square feet and 3,470 square feet in .the construction easement. (A plat showing easements .is attached.) VALUATION OF THE PROPOSED ACQUISITION Both recent sales and off rings of comparable land were compared with the subject land to derive an estimated value of the proposed permanent and temporary easements. From this data it is this appraiser's opinion that the estimated market value of the proposed acquisition was: FIVE HUNDRED EIGHTY DOLLARS ($580.00) as it existed on June 8, 1987. The above estimate is itemized as follows: Permanent Easement - (R-1) 7,060 (B-1) 156 Construction Easement - 3,470 S.: Shrubbery, etc. - (None) Damage to the Residue - (None) Total S.F. @ $0.1625 x 35% $402.00 S.F. @ $1.43 x 35% 78.00 ?. @ (Nominal Amount) 100.00 0.00 0.00 $580.00 Data used to derive the easement value is on file in this office. COMMONWEALTH APPRAISAL COMPANY ~ i, Metes and Bounds descriptions shown on this plat represent a composite of deeds, plats, and calculated information and do not reflect an accurate boundary survey. S. gR~NSON H1pUD1E 331.26 .~.3~ 18 E N 3 ~ 20~ pROPOSE~ EASEMENT ~,`~ 1` ~~,1 ~~ Y ~ ;`\ SHC.~K~ ~ ~~ GREEN MARKET, . N°~ "~~\ INC. CON ~~~oN ~„~~ 10 EASEMENj ~ ~ ~ ; ¢, ~~ ~~~~W ,Roo, ~o,~ O ~' ti ~"~ \~N ti ~~~ ANNA a Gov oa~~0 aK~~~H N / ENE J~SEPN ~P~1.PS ~ KE~'~N W ~PMES MP~t~E E. 9 ~a . d d 06•`'e ~' , ~ o`~ ~P, 99' ~Q. .~ Z0 ~~ ~s~' G~ ~~~y Q~ SCALE ~ 1" a 100' Casement Far NORTH LAKES WATER INTERCONNECTION Granted To: County of Roanoke, By: GREEN ~ MARKETS INC. -• Prpnarp~i Rv• R~annko 1'.n~~nty Ilpna~tmAnt of Dnhli~ Fa~ilitiAC flatp• R AO o•+ ~_ ~~ ~~~ Certification I, the undersigned, do hereby certify that to the best of my knowledge and belief, the information contained in this appraisal and the opinions based thereon are correct, subject to the limiting conditions herein set forth. I also certify that this appraisal has been made in conformity with the Professional Standards of the American Institute of Real Estate Appraisers of the National Association of Real Estate Boards. Further, I certify that I have personally inspected the subject property, that I have no interest present or contemplated therein, and that neither the employment to make this appraisal, nor the fee involved, is contingent upon the amount of valuation reported. "The American Institute of Real Estate Appraisers conducts a voluntary program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am certified under this program through September 15, 1989." Earl G. Robertson, MAI, SRPA June 15, 1987 Roanoke, Virginia COMMONWEALTH APPRAISAL COMPANY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JULY 14, 1987 RESOLUTION 71487-10 PURSUANT TO SECTION 15.1- 238(e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTY AND TO TAKE A WATER LINE EASEMENT IN CONNECTION WITH THE NORTH LAKES WATER INTERCONNECTION PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the North Lakes Water Interconnection Project involves the construction of a pump station and two sections of water line. This construction will allow the 500,000 gallon Loch Haven water reservoir to be supplied with water from Roanoke City, in addition to the higher quality wells in the area. This reservoir supplies water to the North Lakes subdivision and other development in this area; and 2. That in order to complete this construction, a cer- tain right-of-way is needed and more particularly described as follows: A twenty (20) foot strip of land across the property of Green Market, Inc. and more particularly described on a plat and appraisal report which are attached. Together with a ten (10) foot temporary construction easement across the property of Green Market, Inc. and more particularly described on the above-referenced plat and report. The fair market value of the aforesaid interest to be acquired is $580.00, such compensation and damages, if any, having been offered the property owner. 2. That is is immediately necessary for the County to enter upon and take such property and commence said construction in order to provide higher quality water and wells to the citizens of North Lakes and surrounding development; and 3. That pursuant to the provisions of Section 15.1- 238(e) of the 1950 Code of Virginia, as amended, and pursuant to notice and public hearing as made and provided therein, the Board does hereby invoke all and singular rights and privileges and provisions of said Section 15.1-238(e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Section 33.1-129 of the 1950 Code of Virginia, as amended, all as made and provided by law. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None A COPY - TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 7/15/87 cc: File Paul Mahoney, County Attorney ITEM NUMBER ~- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Appointments to Committees COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Community Corrections Resources Board: The one-year term of Mr. Bernard Hairston will expire August 13, 1987. Mr. Hariston was elected January 27, 1987, to complete the unexpired term of Michael J. Lazzuri, who resigned. The one-year term of Alternate Joseph Cronin will expire August 13, 1987. Mr. Cronin is relocating to Lynchburg and will be unable to serve on the Board. See attached for information on the Community Corrections Resources Board. SUBMITTED BY: .~ Ct,.e~e..e.n Mary H. Allen Deputy Clerk APPROVED BY: ~~ Elmer C. Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred To Brittle Garrett Johnson McGraw Nickens i June 17, 1987 County of Roanoke Board of Supervisors P. 0. Box 3800 Roanoke, Virginia 24015 Attn: Mr. Alan H. Brittle Cave Spring District Dear Alan: Y~~ Wiley & Wilson Architects Engineers Planners 2310 Langhorne Road P.O. Box 877 Lynchburg, Virginia 24505-0877 (804) 528-1901 As you know, I have recently changed my place of employment and am now working for Wiley & Wilson, Architects, Engineers and Planners in Lynchburg, Virginia. I will continue to reside in Roanoke County for the immediate future, but will eventually relocate to the Lynchburg area. With the commuting time between home and work being substantial, I will not be able to continue to serve as an alternate delegate on the Community Corrections Resources Board or Court Service Unit Advisory Council/Youth and Family Services Advisory Board. Thank you very much for giving me the opportunity to serve the County of Roanoke. I'm particularly pleased to have had the opportunity to work with and see the excellent work done by Mr. James Phipps and Mrs. Kathryn Van Patten. Both were of immeasurable help to me. Very':truly, ''''-~. ` ~osep D. Cronin, ~"~~. Senior Vice President ~, JDC-lg cc: Mike Lazzuri, Director of Court Services Kathryn Van Patten, Court Community Corrections Program Robert Johnson, Chairman of the Board of Supervisors ~ #- r L `! COMMUNITY CORRECTIONS RESOURCES BOARD A. COMPOSITION: (From Bylaws and Section 53.1-183) To consist of seven members appointed as follows: one member from Roanoke County; one member from Salem City; three members from the judges in the 23rd Judicial District; one member from the Department of Corrections. The term of office shall be determined by the appointing authority (Roanoke County's is one year.) B. DUTIES: Review felony referrals from the Circuit Courts of Roanoke City, Roanoke County and the City of Salem for possible diversion from state penal system and local jails. C. MEETINGS: Third Tuesday of each month at 4:00 p.m. r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1987 RESOLUTION NO. 71487-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM N - CONSENT AGENDA BE I'I` 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 July 14, 1987, designated as Item N - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Minutes of Meetings - June 9, 1987. 2. Acceptance of Water & Sewer Lines serving Meadowbrook Condominiums, Phase I and II. 3. Acceptance of Water and Sewer Facilities serving Branderwood, Section I. 4. Acceptance of Rights of Way for the following roads: a. Farmington South b. Pine Hill c. Waltdon Farms 5 Request for School Board Appropriation for Textbook Fund for 1987/88. 6. Approval of Amendment to Classification Plan for position in the Sheriff's Department. 7. Confirmation of Appointment to the Recreation Commission. 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. Supervisor Brittle requested that Item N-3 be removed for a separate vote. Supervisor McGraw moved to approve Item N-3, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Brittle On motion of Supervisor Nickens removing Item N-3 for a separate vote, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS : None A COPY - TESTE: YYLcY~.,.~,1, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 7/15/87 cc: File Clifford Craig, Director of Utilities Phillip Henry, Director of Engineering John Peters, Assistant Director of Engineering Bayes Wilson, School Superintendent D. Keith Cook, Personnel Officer Sheriff O. S. Foster 1~ f -~ ~ LAR MEETIiQG OF THE BOARD OKESCOUNTYSADMINISTRATOION AT A REGU HELD AT THE ROANO 1987 COUNTY, VIRGINIA, TUESDAY, JULY 14, CENTER ON p,ppROV ING AND RESOLUTION NO • _._---- CONCURRING INOFE5UPERVISORS AGENDARTH ON THE BOARD FOR THIS DATE DESIGNATED AS ITEM N CONSENT AGENDA IT RESOLVED by the Board of Supervisors of Roanoke BE County, Virginia, as follows: 1• That that certain section of the agenda of the - Su ervisors for July 14, 1987, designated as Item N Board of p enda be, and hereby is, approved and concurred in as o Consent Ag nated Items 1 each item separately set forth in said section deslg through 6, inclusive, as follows: 1, Minutes of Meetings - June 9, 1987. 2, Acceptance of Water & Sewer Lines serving Meadowbrook Condominiums, Phase I and II. Acceptance of Water and Sewer Facilities serving 3' Section I. Branderwood, 4, Acceptance of Rights of Way for the following roads: a, Farmington South b. pine Hill c, Waltdon Farms 5• Request for School Board Appropriation for Textbook Fund for 1987/88- p,pproval of Amendment f°sCDepartmention Plan for 6 position in the Sherif That the Clerk to the Board is hereby authorized 2 of said on any and directed where required by law to set forth up arate vote tabulation for any such item pursuant to items the sep this resolution. 527 June 9, 1987 - _ __ . _. _ --------- - ---- - -- - II - - - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 June 9, 1987 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of June, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 2:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Lee Garrett, Supervisors Alan H. Brittle, Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator for Community Development; Paul M. Mahoney, County Attorney; Mary H. Allen, Deputy Clerk; Phillip Henry, Director of Engineering; Clifford Craig, Director of Utilities; John Peters, Assistant Director of Engineering; Reta Busher, Director of Budget and Management; Diane Hyatt, Director of Finance; Sue Palmer, Planner IN RE: OPENING CEREMONIES The invocation was given by the Reverend William Warnock, Vinton Baptist Church. The Pledge of Allegiance was recited by all present. :t :7: r ~ J ~ v June 9, 1987 ~ / _ / N RE: WORK SESSION ON DRAINAGE Elmer Hodge, County Administrator, advised that this cork session is a result of the board meeting on May 26, 1987, ind will outline the responsibilities, financial options and possible solutions to drainage problems in the County. Mr. Hodge turned the work session over to Phillip Henry, Director of Engineering. Mr. Henry outlined the short term solutions and the dates they would be brought to the Board of Supervisors for approval. They include adoption of the VDOT Drainage Manual which would be brought to the Board for the first reading on June 23rd; revision of the floodplain ordinance which would be brought to the Board in August; improvement of the inspection process which will be reported to the Board in September; development and adoption of the Roanoke County Construction Standards, which will be presented to the Board in January 1988; and an information program to inform citizens. Long term solutions will involve development and funding of a Watershed Plan and Drainage Program. Mr. Henry reviewed the eight projects which were completed with the 1986/87 drainage program, and the three contract projects. He then outlined the options for improving the drainage situation in the Orlando/Palm Valley area and the Kentland/South Park/willowlawn area. These are the areas that the Board of Supervisors approved at the May 26, 1987 meeting, if the $200,000 proposed drainage funding was approved. Supervisor Nickens stated his concern was that thee, Board not act to hastily and maximize the $200,000 funds, possibly with matching funds from VDOT. He also suggested a fee study to ensure that accurate fees are being charged for inspections. June 9, 1987 ~ ~ 8a Supervisor Brittle pointed out that at the May 26t Board meeting, the cost was estimated at $213,000 and is no estimated at $145,000, and inquired what the reduction was. Mr Henry stated one savings was using County staff to clean out th debris and the other was the elimination of curb and gutterin along Return Road. Supervisor Brittle asked if there would be saving by using jail inmate labor for some of the work. Supervisor Johnson directed the staff to make sure tha the County maximize the use of VDOT matching funds and any othe sources of funding wherever possible. Supervisor Brittle asked if the staff has talked wit the Homebuilders Association concerning the constructio standards. Mr. Hodge responded that they had met with the recently. He also asked how the County would handle an reduction of real estate taxes due to drainage and flooding County Attorney Paul Mahoney advised that this can only be don by reduced assessment through citizen initiated action Supervisor Johnson asked that the public be informed on how t have their assessments reduced. Supervisor McGraw stated he felt that the staff shoul set the priorities. He is also concerned about the perception o the public that their drainage and flooding problems may b solved soon, when $200,000 will not begin to solve these problems He asked the staff to study the bonding process as a possible wa to get the work done quickly. Mr. Hodge responded that the staf should go through the watershed study before any bond study an asked Supervisor Johnson to discuss this with the Fifth Plannin District Commission. Supervisors Johnson and Garrett state they were opposed to bonds for this project. Mr. Hodge asked the Board's concurrence to proceed wit the drainage problem including the funding of the drainage cre~ and the changes to the ordinances. Supervisor McGraw asked tha a bonding procedure be included in any studies. N-/ 5 2 8B June 9, 1987 IN RE: NEW BUSINESS 1. Renewal of the Blue Cross-Blue Shield Contract for the 1987/88 Fiscal Year: D. Keith Cook, Director of Human Resources announced that the current contract will expire on June 30, 1987. Staff is recommending that the coverage remain the same for fiscal year 1987/88 except for the addition of a managed care program in lieu of the preadmission review provision. The County will continue to pay the $42.00 per month, and the rate structure for employees will remain the same. $50,000 has been included to offset deficits. Supervisor Johnson moved that the County Administrator be authorized to execute the necessary renewal contract. The motion was seconded by Supervisor Brittle. Supervisor Nickens asked if this contract was for a one-year period. Mr. Cook responded that was correct. Supervisor Johnson reported that he and Supervisor McGraw had met with the Employee Advisory Committee-and reviewed the contract. Supervisor Nickens requested that the alternatives such as consolidation with the school system, and the private sector be reported to the Board in January 1988. The motion was carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2 P r e s e n t a t i o n o n S a n i t a r y S ewe r Evaluation/Rehabilitation Program (SSE/R): Clifford Craig, Director of Utilities, reported that this program started in October 1986. The program was approved to reduce the infiltration/inflow into the County sewer system. This is caused by defects in the county's sewer system, and is partially the result of improper house connections. These problems cause sewers to surcharge resulting in overflows, backups and higher r/'-/ June 9, 1987 treatment cc~*G. Mr. Craig presented the priorities for th SSE/R program for the Back Creek Sewershed, the Murray Ru Sewershed and the Mud Lick Sewershed, and a time schedule. H also outlined the work that has been accomplished and what wor remains to be completed. He also introduced the members of th Sewer Evaluation Crew. Mr. Craig stated Mr. Mahoney is studyin the legal aspects of this program, especially as far as askin homeowners with illegal drains to remove them. He reminded th Board that homeowners will be reluctant to take all the step necessary to remove these illegal drains. County Attorney Paul Mahoney reported that Superviso Brittle brought to his attention a private contractor involved i violation of County ordinances. He notified the waterproofin contractors of the various ordinances dealing with thes connections, and set up a meeting with the contractors. Mr. Al Bertolacci, 2709 Tanglewood Drive S. W. spok concerning this issue. He stated his basement floods with iaate coming from the sewer lines. His backup value has approximatel a fifty percent success rate. He is also concerned that th County is asking the homeowner to fix the illegal connectio instead of the builders. Mr. Mahoney responded that the statu of limitation against many of the developers has passed, and th County cannot ask them to resolve the problems. They plan t contact whoever is at fault - the homeowner, developer o waterproofing contractors. 3. Transfer of $4,000 park bond funds from Vinvard Park to School Board Budget to fund ball fields behind the new William Byrd Junior High School: County Administrator Elmer C Hodge advised that the new ball fields are being used for number of programs by both the schools and recreation teams, any the School Administration has requested that the fields b~ irrigated. The Town of Vinton is contributing $4,000 Supervisor Nickens brought this to his attention, and would like ~~ ~' ;y. 530 June 9, 1987 f~/ - / r -/ $4,000 transferred from the bond money for Vinyard Park for this project. Supervisor Nickens reported that the County Attorney has ruled that the park bond monies may be used for this purpose. Supervisor Nickens moved to transfer $4,000 from the Vinyard Park bond money to the School Board for development of the ball fields. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 4. Request for Board of Supervisors Resolution expressing concerns with House Bill 538: Assistant County Administrator Timothy Gubala advised that Senate Bill 538 has ,passed the Senate Labor Committee. This bill requires advance notification of a plant closing involving fifty or more full time employees. The major source of Virginia's prospect leads lie in the northern states and could limit efforts of local and state representatives to bring new industries into the Roanoke Valley. County Administrator Elmer Hodge suggested that this be taken under advisement because this bill could work either for or against the County. Supervisor Johnson asked Mr. Gubala to contact Senator Trible's office to keep the County advised of this bill. 5. Presentation of the Health Department Six-Year Plan for Roanoke County: Dr. Margaret L. Hagan, Health Director of the Alleghany District presented copies of the executive summary of the six-year plan. This plan reviews the programs, identifies areas of need and outlines plans for the future. Dr. Hagan also requested that the Board of Supervisors let her know what they want from the Health Department. She stated that one of their goals is public education so that citizens know that the Health 531 June 9, 1987 Department is not just for indigent people, but all the citizen of the Coun;.y . 6. Re ort on Safe and Effective Control of Mosquitoes: Chief Animal Control Officer Kenneth Hoga reported he had met with Dr. Hagan, Health Director t investigate ways of controlling mosquitoes. Dr. Hagan requeste information from the State Health Department. Mr. Hogan advise that both he and Dr. Hagan do not support a spraying progra because of the danger of potential liability in using hazardou sprays. Instead, they recommend that questions and complaints b referred to the Health Department for appropriate methods o elimination. Supervisor Nickens moved to approve the staf recommendation. The motion was seconded by Supervisor McGraw an carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Supervisor McGraw advised that he had received a cop of the street light study and requested a work session. Supervisor Johnson asked staff to set up a work session for Jul 13, 1987. IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizin the conve ance of a Drainage Easement, Barrens Village: County Attorney Pau Mahoney reported that F & B Development have requested th conveyance of a 15 foot drainage easement across a well lot owne by Roanoke County in Deer Run Estates. 5 ~ ~ June 9, 1987 Supervisor Nickens moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Ordinance amending Chapter 18, "Sewers and Sewage Disposal," concerning the installation of Septic Tanks and requiring a permit and prescribing fees for the issuance of permits: Mr. Mahoney advised that this ordinance would', establish a permit fee of $50.00. The ordinance would becomell effective on July 1, 1987. Approximately $29,000 of General Fund revenues could be generated from this fee, but once the fee is imposed the estimate may drop due to a reduction in the number of septic tank requests. Supervisor Johnson requested that this not be included as ongoing revenue, because the estimates may change from year to year. Supervisor Johnson moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending Section 12-28 of the Roanoke County Code to increase the annual license tax on motor vehicles: Mr. Mahoney announced that this was first read on May 26th and there has been no change to the ordinance. Supervisor Nickens moved to approve the second reading of the ordinance. The motion was seconded by Supervisor Brittle. Supervisor Johnson pointed out that $60,000 of the funds raised from increasing the decal fee will be used to fund i~~ -/ i June 9, 1987 533 T CORTRAN transportation. Supervisor Nickens also stated that hoped that during the next year, they hope that a more cos effective way to fund this transportation will be found. ORDINANCE 6987-5 AMENDING SECTION 12-28 OF THE ROANOKE COUNTY CODE TO INCREASE THE ANNUAL LICENSE TAX ON MOTOR VEHICLES BE IT ORDAINED by the Board of Supervisors of County, Virginia, as follows: 1. That Section 12-28 of the Roanoke County Code en titled "Levy and amount of tax; special provisions for antiqu vehicles." be amended to read and provide as follows: Sec. 12-28. Levy and amount of tax; special provisions fo antique vehicles; exceptions. (a) There is hereby levied an annual license tax o every motor vehicle, trailer and semitrailer required to be li censed under this article. The amount of such tax shall be a set forth in the following subsections of this section. (b) On every motor vehicle not taxed under other sub sections of this section, there shall be a tax of f~€tee twenty dollars E$~5-A8} ($20.00) per annum, except that the tax on motorcycles shall be fifteen dollars ($15.00) per annum. (c) On each truck or trailer there shall be a tax per annum according to the following schedule: Gross Vehicle Weight in Pounds Truck Trailer 1,500 or less $~5-AA $20.00 $ 6.50 1,501 to 4,000 ~5-AA 20.00 15.00 4,001 to 6,500 ~8-A9 25.00 20.00 6,501 to 10,000 ~5-AA 30.00 20.00 10,001 to 20,000 35.-8A 40.00 20.00 20,001 to 30,000 45-8A 60.00 20.00 30,001 to 40,000 55.-68 70.00 20.00 40,000 and over 65.-A8 80.00 20.00 The tax for a trailer designed exclusively to transport boat: shall not exceed six dollars and fifty cents ($6.50). (d) The owner of an "antique motor vehicle," as de fined and licensed in title 46.1 of the Code of Virginia, ma secure a local license or decal at no charge upon filing an appli cation for same with the treasurer and payment of a five dolls ($5.00) fee and the payment of the appropriate personal propert taxes. This application shall remain valid so long as the vehi cle is titled to the applicant. (e) The following owners of motor vehicles are her from the annual license tax: an honorabTv-discharcred soner OY war an erson awarded the Medal Or Honor and an d1S-I abled veteran. Any member of the Virginia National Guard shall 5 3 4 June 9, 1987 be entitled to a local license or decal upon the payment of a fee in the amount of one-half of the tax prescribed in this section. These exemptions shall be limited to any one passenger vehicle, pickup or panel truck owned by an eligible person. The commissioner of the revenue shall determine eligibility based upon the criteria utilized by the Commissioner of the Department of Motor Vehicles of the Commonwealth of Virginia for the issu- ance of special license plates The treasurer is hereby autho- rized to issue a local license or decal to owners eligible under this sub-section. 2. The effective date of this amendment shall be July 1, 1987, and shall be for the 1988 license tax year and for tax years thereafter. On motion of Supervisor Nickens, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 2. Ordinance authorizing the P.cguisition of Easements for the 1987-88 Replacement/Improvement Water Projects: Mr. Mahoney announced this is the second reading of the ordinance authorizing acquisition of easements for seven different water projects. Supervisor Johnson moved to approve the second reading. The motion was seconded by Supervisor Garrett. ORDINANCE 6987-6 AUTHORIZING THE ACQUISITION OF EASEMENTS FOR 1987/88 REPLACEMENT/ IMPROVEMENT WATER PROJECTS 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, a first reading concerning the acquisition of easements for Clearbrook Water II, North Lakes water System, Glen Forest Water Project, Geiser Road/Grander, Wendover Drive, Western Hills, and Woodland Drive water projects __ was held on May 26, 1987. A second reading on this matter was held on June 9, 1987. 2. That these easements are necessary to complete the above-referenced 1987/88 Replacement/Improvements Water Projects. ! \~ June 9, 1987 r 5 3 5 These projects will provide necessary utility service to the citi- ~ - / zens of Roanoke County. 3. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisitions of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 3. Ordinance to increase the salaries of members of the Board of Supervisors of Roanoke County, pursuant to Section 14.1-46.01:1: Mr. Mahoney reported this ordinance complies with both the State Code and County Charter dealing with the procedural requirement to establish an increase in salaries of the board members. Supervisor Brittle moved to approve the second reading I!of the ordinance. The motion was seconded by Supervisor McGraw. ORDINANCE 6987-7 TO INCREASE THE SALARIES OF MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, PURSUANT TO SECTION 14.1-46.01:1 WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, Section 3.07 of the Charter for the County of Roanoke provides for the compensation of members of the board of supervisors, and the procedure for increasing their salaries; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members to be $7607 by Ordinance #5-27-86-124, and further, has established the additional annual compensation for the Chairman ,,~ ;+~i _ 5 J ~ June 9, 1987 _._ ~ ~f the Board to be $1800, and for the Vice Chairman of the Board :o be $1200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an infla- lion factor not to exceed five (58) percent; and WHEREAS, the first reading on this ordinance was held ~n May 26, 1987; the second reading was held on June 9, 1987. NOW, THEREFORE, IT IS HEREBY ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of five (5$) percent pursuant to the provisions of Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The new annual sal- aries shall be $7987 for members of the Board. In addition, the Chairman of the Board will receive an additional annual sum of $1800 and the Vice Chairman of the Board will receive an addition- al annual sum of $1200. This ordinance shall take effect on July 1, 1987. On motion of Supervisor Brittle, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 4 Ordinance authorizing the vacation and relocation of a portion of a water line easement, Ozanich Property: Mr. Mahoney advised that Wayne E. and Rebecca A. Ozanich have requested the relocation of a portion of water line to allow them to construct a garage on their property. This ordinance will authorize vacation of an existing easement and dedication of a new easement. Supervisor Brittle moved to approve the second reading ..of the ordinance. The motion was seconded by Supervisor Garrett. ORDINANCE 6987-8 AUTHORIZING THE VACATION AND AND RELOCATION OF A / ~ ~ / 4 ' _. i~ _.. 4 537 June 9, 1987 - -- ------- -- -lf PORTION OF A WATER LINE EASEMENT, OZANICH PROPERTY 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 ~:.j,iiiuke County, a first reading concerning the vacation and relocation of a portion of a water line easement on the Ozanich Property was held on May 26, 1987. A second reading on this matter was held on June 9, 1987; and 2. That the vacation of a portion of the present easement and the acquisition of another easement is necessary for the relocation of a 10-inch water line; and 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the vacation and acquisition of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Brittle, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None 5 Ordinance authorizing the County Administrator to accept the donation or dedication of utility and right-of-way road easements and improvements therein: Mr. Mahoney announced this ordinance will expedite the more routine donations or dedications of real estate. This would authorize the County Administrator to accept these administratively, and they would be brought to the Board for its approval under the Consent Agenda. Supervisor Johnson moved to approve the second reading of the ordinance. The motion was seconded by Supervisor Garrett. ORDINANCE 6987-9 AUTHORIZING THE COUNTY ADMINISTRATOR TO ACCEPT THE DONATION OR DEDICATION OF UTILITY AND RIGHT-OF-WAY ROAD EASEMENTS AND IMPROVEMENTS THEREIN / Y .~ ,' 5 J ~ June 9, 1987 WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, first and second readings are required to pass all ordinances; and WHEREAS, the County routinely acquires utility and right-of-way road easements for various County engineering and utility projects and for private developments; and WHEREAS, it is the intent of this ordinance to provide for an orderly and expeditious procedure to review, approve, authorize, and accept the donation or dedication of such interests in real estate. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That upon the proposed donation or dedication of a utility easement or a right-of-way for road purposes, and any improvements or facilities constructed therein, the County Administrator is hereby authorized to accept said donation or ',dedication, upon the review and recommendation of the County engineer, or his designee, and upon the concurrence of the Board of Supervisors by resolution. 2. 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 acquisition of these easements, all of which shall be upon form approved by the County Attorney. The County Administrator may delegate this authority as he deems appropriate. 3. The effective date of this amendment shall be June 9, 1987. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None /~/-I 6 Ordinance authorizing the aurchase of a water storage reservoir site: Mr. Mahoney reported that staff has 5 3y June 9, 1987 ~~ ~ ---- indicated the necessity to acquire a water reservoir site. The purchase price of $5,000 has been negotiated with the owner, and the cost is off-set by the water fees. The County Assessor's Office considers this price to be reasonable. Supervisor Garrett moved to approve the second reading of the ordinance. The motion was seconded by Supervisor Brittle. ORnrNANCE 6987-6 AUTHORIZING THE PURCHASE OF WATER STORAGE RESERVOIR SITE 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, a first reading concerning the purchase of a 100-foot by 100-foot parcel with a 25-foot right-of- way for a water storage reservoir site was held on May 26, 1987. A second reading on this matter was held on June 9, 1987. 2. That the acquisition of said property is necessary) I for the construction of a water storage reservoir; and 3. That this property be acquired from Doug Sawyer in the amount of $5,000; and 4. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Garrett, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson 9A YS: None RE: PUBLIC HEARINGS 87-1 PUBLIC HEARING AND RESOLUTION PURSUANT TO SECTION 15.1-238(e) AUTHORIZING CONDEMNATION AND RIGHT-OF-ENTRY FOR HOLLINS COMMUNITY DEVELOPMENT PROJECT ~- / .^. 5 ~ ~ June 9, 1987 ---- ~~ _ ,~ 1 ROAD IMPROVEMENTS ALONG STATE ROUTE 648 Mr. Mahoney stated that this procedure is necessary to authorize immediate entry upon real estate and condemnation thereof in order to complete the Hollins Community Development Project road improvements along State Route 648. Four easements ',must be condemned for this project. Sue Palmer, Community Development Specialist, who is coordinating this project described the parcels of land that are needed to complete the road improvements. She stated appraisals had been done on the property and the documents were given to the property owners) almost a year ago. Ms. Palmer has talked with the property)) owners and attempted to answer their questions. Supervisor Johnson inquired what will happen to the property that is presently part of the road? Mr. Mahoney stated that he assumed whatever property the Highway Department did not need would go through the abandonment procedure. Supervisor Johnson asked John Peters to ensure that the asphalt left from the old road is taken away. Mr. Leonard Butler, one the property owners whose property is part of the condemnation proceedings spoke. He was concerned that the appraised value was not accurate. The appraiser did not include the cost of the fence. He also has two irrigation wells on the property being condemned, and he signed a contract not to use County water to irrigate his five-acre garden. In order to have his garden, he will have to drill a new well and pay for the well house. He is willing to settle if he receives what he feels is fair amount of money for the property, fences and both wells. He is also concerned that some of the homeowners in the area signed an agreement over a year ago, and have not yet received their money. Supervisor Johnson responded that the County is dealing with various agencies, and this takes time. Dr. Nickens stated he agreed with Mr. Butler that he should be reimbursed for the-two wells, and the cost 541 June 9, 1987 necessary to drill the well. Gertrude Hughes who lives in the Hollins area asked why she has not been paid for her property. Larry Stuart another property owners whose land is being condemned also spoke. He felt he was not being paid fairly for his property because the property the County was taking was the best part of his land. The County valued the land at 8 cents a square foot. Supervisor McGraw moved that this issue be tabled fort two weeks so that the County Attorney, the County Administrator and the property owners could meet and try to solve the differences. Supervisor Nickens seconded the motion. Mr. Mahoney stated that the reason this was expedited was that construction is proceeding by the Highway Department, and if this was held over, it may take a month to come back to the Board. ~Mr. Hodge suggested that they meet in his conference during the remainder of the meeting to try and settle the issue. Supervisor McGraw withdrew his motion. IIN RE: APPOINTMENTS 1. Fifth Planning District Commission: Supervisor Nickens nominated Supervisor Bob L. Johnson to three-year term as elected representative. His term will expire June 30, 1990. 2. Planning Commission: Supervisor Garrett nominated Michael J. Gordon to the unexpired term of Lee Eddy representing the Windsor Hills Magisterial District. His term will expire December 31, 1988. 3. Recreation Commission: Supervisor Garrett nominated William M. Skelton, Jr., to a three-year term ~~representing the Windsor Hills Magisterial District. His term ~~will expire June 30, 1990. ' ^~ ~. .542 June 9, 1987 Supervisor Brittle nominated Michael Lazzuri to another three-year term as an at-large member. His term will expire June 30, 1990. 4. Virginia Western Community College: Supervisor Nickens nominated Stephen Musselwhite to another four term to expire June 30, 1991. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens requested that the staff look at alternatives to reduce compensation time earned and explore the sick leave area to find the reasons for absenteeism. He also suggested that a letter be sent to the Virginia Department of Transportation thanking them for the CAUTION signs on Route 24 until a traffic light is installed. ', IN RE: CONSENT AGENDA Supervisor Brittle requested that Item N-2, Authorization to vacate and relocate a Sanitary Sewer Easement in Branderwood Section #2, be removed for a separate vote so he may abstain. Supervisor Johnson moved to approve the Consent Agenda with the removal of Item N-2. The motion was seconded by '',Supervisor Garrett. RESOLUTION N0. 6987-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM N - 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 June 9, 1987, designated as Item N - Consent Agenda be, and hereby is, approved and concurred in as to N^/ ~4u June 9, 1987 ~~ ,~~ _" each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Minutes of Meetings - April 28, 1987, May 12, 1987 2. Rnther~aatten to vacate and re~oeate a San#tarp Sealer Easement ~n BranderWeed 8eetten ~13- 3. Notification from the Va. Department of Transportation of the addition of Route 1916 from Route 1832 to a south cul-de-sac and Route 1917 from Route 1916 to a southeast cul-de-sac into the Secondary System. 4. Request for a Fireworks Display Permit from Hills Department Store. 5. Aooroval of Resolution of Support for the Blue Ridge Parkway "DEDICATION 87" Project. 6. Request for acceptance into the Secondary System for the following Roads: a. 0.15 miles of Beavers Lane and 0.13 miles of Elizabeth Drive. b. 0.17 miles of Wing Commander Drive and 0.14 miles of Grape Tree Lane. c. 0.05 miles of Shadow Lane d. 0.18 miles of Hill Drive e. 0.18 miles of Indian Hill Drive f. 0.26 miles of Airpoint Drive and 0.26 miles of Airpoint Road. g. 0.56 miles of Lakemont Drive h. 0.04 miles of Memory Lane i. Streets of La Bellevue Subdivision including Forest Oak Drive, Coachman Circle, Coachman Drive and Summit Ridge Road. 7. Acceptance of Sewer Facilities for Allred Chevrolet 8. Approval to Request matching funds from the Va. Department of Transportation for Industrial Access Road Improvements to Bolling Steel. 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. Supervisor Brittle asked that Item N-2 be removed for a separate vote so that he may abstain. On motion of Supervisor Johnson, with Item N-2 deleted for a separate vote, seconded by Supervisor Garrett and upon the following recorded vote: 'AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson 544 June 9, 1987 - '~ -- NAYS: None Supervisor McGraw moved approval of Item N-2, Authorization to vacate and relocate a Sanitary Sewer Easement in Branderwood Section #3. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson NAYS: None ABSTAIN: Supervisor Brittle RESOLUTION 6987-12.h REQUESTING ACCEPTANCE OF AIRPOINT ROAD AND AIRPOINT DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~. That this matter came this day to be heard upon the proceedings herein, and upon the application for Airpoint Road and Airpoint Drive 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 have heretofore deed dedicated by virtue of a certain map known as Airpoint Subdivision which map was recorded in Plat Book 6, Page 45 of the records of the Clerk's Office of the Circuit Court of Roanoke .County, Virginia, on July 9, 1965, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Airpoint Road and Airpoint Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public roads to become part of the State Secondary System of Highways in Roanoke County, only from and after notification of official ~Y-/ 5 45 June 9, 1987 acceptance of said streets or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 6987-12.c REQUESTING ACCEPTANCE OF BEAVERS LANE AND ELIZABETH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Tha± ±his matter came this day to be heard upon the proceedings herein, and upon the application of Beavers Lane and Elizabeth Drive 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 have heretofore deed dedicated by virtue of a certain map known as Fox Fire Subdivision which map was recorded in Plat Book 9, Page 90, of the records of the Clerk's Office of he Circuit Court of Roanoke County, Virginia, on June 30, 1977, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said roads known as Beaver Lane and Elizabeth Drive 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 highway by the Virginia Department of Transportation. /'~ ~ '_" n 6 54~ June 9, 1987 On motion of Supervisor Johnson, seconded by Supervisor' Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None RESOLUTION 6987-12.f REQUESTING ACCEPTANCE OF HILL DRIVE 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 Hill Drive 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 road have heretofore deed dedicated by virtue of a certain map known as Pine Hill Subdivision which map was recorded in Plat Book 9, Page 54, of the records of the Clerk's Office of he Circuit Court of Roanoke County, Virginia, on February 16, 1975, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Hill Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson 'iNAYS: None ~v- '~' `;>' 5 4"7 June 9, 1987 RESOLUTION 6987-12.g REQUESTING ACCEPTANCE OF INDIAN HILL DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke ~ounty, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Indian Hill Drive 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 road have heretofore deed dedicated by virtue of a certain map known as Westward Lake Subdivision which map was recorded in Plat Book 3, Page 200, of the records of the Clerk's Office of he Circuit Court of Roanoke County, Virginia, on February 23, 1956, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Indian Hill Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said (street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor arrett and upon the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson YS: None RESOLUTION 6987-12.k REQUESTING ACCEPTANCE OF FOREST OAK DRIVE, COACHMAN CIRCLE, COACHMAN DRIVE AND SUMMIT RZDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: r ~-`/ - ~` ?~' 5 ~ r} June 9, 1987 1. That this matter came this day to be heard upon the roceedings herein, and upon the application for Forest Oak rive, Coachman Circle, Coachman Drive and Summit Ridge Road to e be accepted and made a part of the Secondary System of State ighways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements nd a fifty (50) foot right-of-way for said roads have heretofore en dedicated by virtue of certain maps known as La Bellevue ections 4,5,6,7,8 and 9, which maps was recorded in Plat Book 8, age 35 and Plat Book 9, Pages 8, 78, 150, 260 and 261 of records f the Clerk's Office of the Circuit Court of Roanoke County, irginia, on January 11, 1973; October 4, 1974; November 15, 976; November 13, 1979 and October 12, 1983 and that by reason f the recordation of said maps no report from a Board of iewers, nor consent or donation of right-of-way from the butting property owners is necessary. The Board hereby uarantees said right-of-way for drainage. 3. That said roads known as Forest Oak Drive, Coachman ircle, Coachman Drive and Summit Ridge Road are shown on a ertain sketch accompanying this Resolution, be, and the same are ereby established as public roads to become a part of the State econdary System of Highways in Roanoke County, only from and fter notification of official acceptance of said streets or ighway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor arrett and upon the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson YS: None RESOLUTION 6987-12.i REQUESTING ACCEPTANCE OF LAKEMONT DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of snoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the oceedings herein, and upon the application of Lakemont Drive to L June 9, 1987 5 49 ~\~6 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 road have heretofore deed dedicated by virtue of a certain map known as Farmingdale South Subdivision which map was recorded in Plat Book 8, Page 5, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on August 13, 1974, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Lakemont Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is 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 treets or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor arrett and upon the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson YS: None RESOLUTION 6987-12.i REQUESTING ACCEPTANCE OF MEMORY LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke ounty, Virginia, as follows: 1. That this matter came this day to be heard upon the roceedings herein, and upon the application for Memory Lane to e accepted and made a part of the Secondary System of State ighways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements nd a fifty (50) foot right-of-way for said road have heretofore 5 ~) June 9, 1987 deed dedicated by virtue of a certain map known as Tinker Knoll Subdivision which map was recorded in Plat Book 5, Page 10, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 23, 1961, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Memory Lane shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: (AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson (NAYS: None RESOLUTION 6987-12.e REQUESTING ACCEPTANCE OF SHADOW LANE 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 for Shadow Lane 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 road have heretofore deed dedicated by virtue of a certain maps known as Beacon Hills Subdivision, which map was recorded in Plat Book 7, Page 25, of the records of the Clerk's Office of the Circuit Court of Roanoke ~-! County, Virginia, on January 8, 1969, and that by reason of the 551 June 9, 1987 recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Shadow Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor arrett and upon the following recorded vote: YES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson AYS: None RESOLUTION 6987-12.d REQUESTING ACCEPTANCE OF WING COMMANDER DRIVE AND GRAPE TREE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke ounty, Virginia, as follows: 1. That this matter came this day to be heard upon the roceedings herein, and upon the application for Wing Commander rive and Grape Tree Lane to be accepted and made a part of the econdary System of State Highways under Section 33.1-229 of the irginia State Code. 2. That it appears to the Board that drainage easements nd a fifty (50) foot right-of-way for said road have heretofore eed dedicated by virtue of a certain map known as Nichols Estate ubdivision which map was recorded in Plat Book 9, Page 86, of he records of the Clerk's Office of the Circuit Court of Roanoke ounty, Virginia, on, May 20, 1977 and that by reason of the ecordation of said map no report from a Board of Viewers, nor onsent or donation of right-of-way from the abutting property wners is necessary. The Board hereby guarantees said fight-of-way for drainage. ~ "~ J ~` 3 i. j June 9, 1987 ___ --- - /~ 3. That said roads known as Wing Commander Drive and Grape Tree Lane 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 highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IIN RE: CITIZENS' COMMENTS AND COMMUNICATIONS No citizens were present to speak. ZN RE: REPORTS The following reports were received and filed. 1. Youth Haven II Status Reports IN RE: RECESS At 5:45 p.m. Chairman Johnson declared a short recess so that the County Attorney and County Administrator could complete negotiations with property owners whose property were to be condemned. At that time, Supervisor Brittle announced he had a prior commitment and left the meeting. IN RE: PUBLIC HEARINGS 687-1 Public Hearing and Resolution pursuant to Section 15.1 238 (3) authorizing condemnation and right-of-entry for •1, '~ 553 June 9, 1987 - .. - --- _ _ _ _. _ _ _- - - - - n --- Hollins Community Development Project ~ ~ _ / road improvements along State Route 648 This hearing had been tabled earlier during the meeting to allow staff and the property owners time to negotiate. Supervisor Johnson announced that the County offered Mr. Stuart $300 for his property, but Mr. Stuart refused the offer. Mr. Butler was offered $6,300 and he accepted the offer. Supervisor Johnson moved to amend the resolution to remove condemnation '...proceedings against Leonard Butler and Margaret Bolden Butler since they will accept $6,300 for their property; to raise the offer to Larry G and Mary E. Stuart to $300; and proceed with their condemnation and the condemnation of the property of Mason and Thelma T. Haynesworth. The motion was seconded by Supervisor Nickens. Mr. Mahoney explained that the Stuarts and the Haynesworths will have twenty-one days from the date they are served the legal papers to respond to the Court. At any time during that twer,~y-o~~a days, they may settle the issue. RESOLUTION 6987-11 PURSUANT TO SECTION 15.1- 238(e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTIES AND TO TAKE CERTAIN RIGHTS OF WAY IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Hollins Community Development Project is a multi-phased neighborhood program involving residents in Roanoke and Botetourt counties, said project will include water, sewer, and road improvements and housing rehabilitation; and 2. That in order to complete the road improvement phase of the project, certain rights-of-way are needed and more particularly described as follows: A) A ten (10) foot strip of land across the property of Larry G. Stuart and 554 June 9, 1987 --- ---- ~_ Mary E. Stuart and more particularly described as running along Route 648 for an estimated 130 feet, containing 0.04 acre as shown on the attached high- way plans which are a part of the appraisal report. Together with a temporary construction easement more particularly described as an approximate eight (8) foot strip of land running an estimated 45 feet along Route 648 and containing 293 square feet as shown on the above-referenced plans. The fair market value of the aforesaid interest to be acquired is $€4~-56, $300.00, such compensation and damages, if any, having been offered the property owners. B) A small strip of land across the proper- ty of Mason Haynesworth and Thelma T. Haynesworth and more particularly de- scribed as a small strip running along Route 648, being 14-feet wide and 107- feet long, containing 0.03 acre as shown on the above-referenced plans. Together with a temporary construction easement more particularly described as a small strip of land, approximately 10-feet wide, running along Route 648 for an estimated 120 feet, containing 1,121 square feet as shown on the above- referenced plans. The fair market value of the aforesaid interest to be acquired is $128.87, such compensation and damages, if any, having been offered the property owner. C) A strap e€ hand aeress the property of beenard But}er and Margaret Bolden But}er and mere partien€arly deser}bed as apprex4ntate~y 45-feet by ~8A-feetT eenta#n#ng 6-2~ acre as sF~ei+n en the above-re€ereneed p~ans- ~Pegetker With a temporary eenstreetien easement mere partien~ar~p described as a strop; appre~cimateiy ~8-€eet by ~A- €eet= and an irregt~€ar-shaped area; approximately ~A-€eet by ~5-€eet a€ong Rente 648; containing ~T5~8 square €eet as shown en tke above-re€ereneed pans: eke €air market va~ee o€ the a€eresaid interest to be aee~eired is $17883-i~= such compensation and damages; }€ any? leaving been of€ered the property eWners: B~ A paree~ e€ hand aeress the prapertY e€ beenard Better and Margaret Bolden Bntier and mere partien€ar~p described ,.. ~. 555 June 9, 1987 as a str}p of }ands apprex}mate}y 35 feet W4der reran#ng a}eng Rente 648 for an est#mated }99 feetr eentatning 6-}4 acre as shown on the above-referenced p}ans- 'Pegether w}th a temporary construct}en easement more part£ea}ar}y deserfbed as a }8-feet str#p rnnn}rag a}crag Reate 648 for an estimated }36 feetr eentatning }x359 square feet as shown en the abeve- re£ereneed p}ans- the fair market va}ae of the aforesaid interest to be acquired is $565..-66r st~eh compensation and damagesr if anyr having been offered the property ewners- 2. That it is immediately necessary for the County to enter upon and take such property and commence said road improve- ments to straighten an "S" curve on State Route 648 in order to create better visibility and improve traffic safety and to there- after institute and conduct appropriate condemnation proceedings as to said rights-of-way; and 3. That pursuant to the provisions of Section 15.1- 238(e) of the 1950 Code of Virginia, as amended, and pursuant to notice and public hearing as made and provided therein, the Board does hereby invoke all and singular the rights and privileges and provisions of ~-=.id Section 15.1-238(e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Section 33.1-129 of the 1950 Code of Virginia, as amended, all as made provided by law. On motion of Supervisor Johnson, resolution amended to remove proceedings against Leonard Butler and Margaret Bolden Butler, who agreed to a settlement of $6,300, and changing fair market value of property of Larry G. Stuart and Mary E. Stuart to $300.00, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Garrett, McGraw, Nickens, Johnson AYS: None N-/ BSENT: Supervisor Brittle ~5+5 June 9, 1987 ~~~ A-71487-11.f ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Acceptance of Water & Sewer Lines serving Meadowbrook Condominiums, Phase I and II COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developer of Meadowbrook Condominiums, Phase I and II James D. Fralin, has requested that Roanoke County accept the deed conveying the water and sewer lines serving the development along with all necessary easements. The water and sewer lines are installed as shown on engineering plans prepared by Mattern and Craig entitled Meadowbrook Condominiums dated September 19, 1983 and revised November 9, 1983, which are on file in the Public Facilities Department. The water and sewer line construction meets the specifications and the plans approved by the county. FISCAL IMPACT:~~ The values of the water and sewer construction are $38,000 and $15,750, respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the development along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. 1 /vf -- --' .~ -- SUBMITTED BY: APPROVED: Phillip Henry, .E. Elmer C. Hodge Director of Engineering County Administrator --------- ------------------------ ACTION ------------------------- VOTE ------- Approved (X) Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Bob L. Johnson o accept Brittle x Received ( ) Garrett x Referred Johnson x to McGraw x Nickens x cc: File John Hubbard Phillip Henry 2 ~~ 2 -! NORTH '~ ~ , - ~y I Q ' N 1 ~I(' / ~ • ;. ~ \ J ,•-- R o ~~ ., ~ , t \ f~ ~ ~ 1 .` i al ,\ ~ l - - ~, r. \ ~ _ ~. `: _, .~ -- < tt w - ~ 1 ~ _ ~, ~ ~ ~ ~ ~ ~ :~ ._ ~ ~ ~ ~ ~ i ~~~-~~ ~ .~ .. ~, - ~ - 0-651 ~ '~ ~ 8 / 5-A10- j ~ ~', ~ •~ ~ _ ~ ~ °="~ .~ _ ~, ~ f ~ - rr_ ` a~ " SA /0 1. ~' ~ '. t1 ~ -- - .. DEPARTMENT OF PUBLIC FACILITIES WATERISEWER ACCEPTANCE A-72487-11.a ITEM NUMBER '~ AT A REGULARAMHELDNATOTHEHROANOKE COUNTYEADMINISTRATIONNCENTER COUNTY, VIRGINI MEETING DATE: July 14, 1987 SUBJECT: Acceptance of water and sewer facilities serving Branderwood, Section 1 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developer of Section 1, Branderwood, Boone, Boone & Loeb, Inc. , has re q and seweralinesa serving the subdivision along conveying the wat with all necessary easements. The water and sewer lines are installed as shown on engineering plans prepared by Buford T. Lumsden & Associates entitled, Section 1, Branderwood dated June 16, 1987, which are on file in the Public Facilities Department. The water and roved line construction meets the specifications and the plans app by the County. FISCAL IMPACT: ~~ The values of the water and sewer construction are $58,560.00 and $49,500.00 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. 1 SUBMITTED BY: Phillip T. Henry, E. Director of Engineering APPROVED: ~C Elmer Hodge County Administrator ------------- ------------------------------- ACTION - VOTE Approved (X) Motion by: Steven A. McGraw/ No Yes Abs Denied ( ) Bob L. Johnson to accept Brittle x Received ( ) Garrett x Referred Johnson x to McGraw x Nickens x Abstain cc: File Phillip Henry Clifford Craig John Hubbard 2 o'er ~~ 717 . ,~ ~ ~ +>' a Qp~ or ~ ,~Y_ •'` ~ w dz• ~ 613 A' • a)• O.1 rlf e97 : r•s 67y 9W _. .3 _.. ._ _ VICINITY Mpp -' • "~"~~ NORTH Rt. 90 ~~ Rt g 79 _ _ _ __------ ' a~ B.u~k ° Mounta~~ o~ 30 , ~ R40d ••~~ 2 ~ ~' ~,°~°~ 10 ~,° $ M 22 ~. 0~ r ~ • g~ .yg c's ~'~ Z 05' 63~ q2 8 a• ~ 3 w 20 /9, ~g \1 Ss ~0~~ 0 ~ 16.3 _784 • ~Z ~. o /O i2 \oa > Z4 ~~5 ~ o m y0~ Paro 31 O.Ig v 38.76 ~97 W . i0 • V` •~61 `~ ,I'3311 26,2 210 w3 w 23~.. N g0 36.66 2 ,19`` 'SS /Q M_`~ 4 p ?2/ ~g3 e"'~ e3 ~ 522 .90 9 80 ~ r• 9 32 ~ a•, 2868 6 w 19 9.8.76 ~ `-Ih~p'P\ x86.05 41.0941.39 6 o ~ 57 ~ 121.82 59 A // g8 Z'1 0 39.08 \\\~ 42 D 3'~7' ~ ~ ~.Q `~ \86 9 .1 z 18 15.48 35 s 35 ~ `' S6 0 ~ 60 . s A2• • a e ~ 4 33 '9. 24.2 Ze?5 96 ~0 ° ~ • 4/ m • ~ ~.a ~.~ \\19 , . Jr 92 96 ' ~ • 10 7.01 ~ /2 b5g~ ":h s~.~7. 9a `~ --~39 g N~~ JO zs `r~.~ a 0 61 ~ . ~' 17 V ~ 2 \~g' n3. to ~ i 4O u • ~$~ ~` , • b~ ~o ~ ~ ~ • j 143.16 2 ~, . t ~~ 9 9 ^ 24 . ,~ ~ 62 A /3 I 16 is4a ~'.r ~~ • 43 152.93 O e ' 39 u b Jr mp ~gA. m 3A ~ 3 w 177.56 a O°j~ / ~`~~ e0 40 /O~r g296 ~ 2 . m 3 N /4 ~ I5 s, ~ se ~~ . • / l4 `r v~ 3'~ 2g // ~ 128 \8A'~+ N ~ X90' Z8~' °°, N ~°a r52~ 37~w 22 /sA ~~'°• 21~' 13 p ~ 41 Zg3 93 /2 ,,~~, 2g, A m, ~56 z' ., /s ° ~ I ~ ~ e y0 \00 /~ ~ 9 rD • ~ 2/ \ 50g9W /7 X02 W I I ~ ~ L 200 ~~ /3 v J~ 9/ \\6 ~o J O~~\,6\ 66 ~ ~ 80 8I IZ 0 g2 • ~ /B p~ W • 4 /4 ,~~ ~ 142.60 mo •3S a ~ • a . g0 g N /9 \ ~ 794 ~ ~ '7• O~^ ry\/5 J /9 49 0 106 ° ,,mss ~ 80 ~° ey•°' 3 ,~~ ti'45~ m 149 ~ 67° ~a°O 2 b0 G~~ I g 4.5 T. M o ~ 34 w 2~s/ 0 ~ 75`~p2 ~ ti ~m 9~ N 116.13 n n 6\ T Qi~~~g0 • a ~ J /6 • m 4 7 Og `~ ~ ~ s ,,~• v°~ 9J m 68 ~ 10.1 61 27 ~ si °3 / T yo • ~ 3p8 38 ,, ~~~62~ 7/1 102.37 ~•~9 7vQ `~'~~ ~ ~.29 'T 'b O 5 5 3s .~~ • 90 1 9 ,~ vs 76 J~ J9 2B ^~~ 9q 32 \OO 69 + • J ,1,~ 1 0 0 ~a V d DEPARTMENT ~ms32~ PUBLIC OF FACILITIES AN~ERw~~p, SEC . y A-71487-11.b ITEM NUMBER / 1' / Q- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Acceptance of Deeds dedicating Rights of Way and Drainage Easements for Road Improvements COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As required by state code, all state maintained highways must have right of ways dedicated to the public for public use. Consequently, the privately owned and maintained roads in the Farmingdale South, Waltdon Farms, and Pine Hill Subdivisions must be dedicated to the public prior to submitting the roads to VDOT as part of the Road Improvement Program. The roads in the Farmingdale South and Pine Hill Subdivisions are part of the VDOT matching fund program, while the roads in Waltdon farms will be reconstructed using unmatched 1985 Bond Funds. Attached are copies of the original agreements signed by the individual Homeowners Association dedicating the rights of way and drainage easements to the public. 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. FISCAL IMPACT: None RECOMMENDATION: Staff recommends Administrator to execute SUB ITTED BY: ---- ' n ~// ~ ~~~~ .~ ~ ~?Z'1~, ~ ~ ~r.~ti~ Phillip Henry Director of Engineering that the Board authorize the County the three (3) agreements. APPROVED: ~, ~/ Y/ ~~ Elmer C. Hodge County Administrator Approved Denied ____ ------______ fix) Mot ACT -''--- lo ION ~; - Rec ferr ~ ~ n bY. ( ~ L' JOhnson t ___ _---- - ed To o a e ~C t V ----- OTE Brittle No yes Abs Barrett ~ -~ Johnson McGraw . ,~ -~ ~ -~ ~ Cc: File Nickens . ~ . Phillip Hen John Y ~ ~ . Hubbard i THIS DE® AND A~~~ made and entered into this • day of •~ =~-~' 1987, by and between the FARMINGDALE SOUTH MAINTENANCE ASSO- CIATION, INC., hereinafter referred to as "Association" and the BOARD OF SUPERVISORS OF ROANOKE OOUN'I'Y, VIRGINIA, hereinafter referred to as "County." W I T N E S S E T H WHEREAS, Mason H. Littreal, the developer of a subdivision known as Farmingdale South, recorded a map of said subdivision in Plat Book 9, page 5 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, showing easements and streets in the subdivision, namely Lakemont Drive; and WHEREAS, the recordation of this plat did not vest title to Lakemont Drive in the County of Roanoke; and I' WHEREAS, by a Declaration of Covenants, Conditions, and Restrictions of ~ Farmingdale South recorded in the aforesaid Clerk's Uffice in Deed Book 1004, ~ page 28, the Developer set forth the manner in which Lakemont Drive would be i l maintained by the Association; and ' i I WHEREAS, this Declaration provides the Association with the authority i to dedicate or transfer all or any part of the street to any public agency, I ~' authority, or utility for such purposes and subject to such conditions as may ~' be agreed to by the Association; and ~I ~ WHEREAS, the Association has agreed to dedicate to the County for pub- ', Ij tic use all rights of way as shown on the above-referenced recorded plat. i ~~ ARE, the Association does hereby DONATE, DIDICATE, GPAIVI', ~~ ~ and CONVEY with General Warranty and English Covenants of Title unt:o the County for public use, the rights of way as shown on the above-referenced plat of Farmin dal ~ I g e .,outh. Further conveyed to the County are perpetual ease-~ ments for draina e i g purposes to meet the standards set forth by the Virginia Department of Highways. 1 To have and to hold unto the Count ever in fee si Y and its successors and assi ns mple. 9 for- The Association covenants that it has the ri h described property to the g t to convey the above- County, that the Count of said y shall have quiet property that said propert is Possession ~ it will execute such further assuran free from all encumbrances and tha t ces thereof as ~ Elmer C, Hod e Y be necessary. 9 County Administrator of R I by Joins in the oanoke County, Virginia, here- execution of this instr said went to signify the acceptance by Board of Supervisors of the real estate conveyed herein pursuant to Ordinance ## ~1- -~` , ~ _ ;~__~ adopter by the Board of Supervisors of Roanoke County, W11~SS the following signatures and seals: ASSOCIAT ~~ ~I~~CE l I By ~ ~ ~ ~_ I ~~~ SUPERVISpRS OF ROANOI(E VIRGINIA i BY Elmer C• Hodge State of Vir C°unty `administrator Count 9inia, y of ~. ~ to-wit: The foregoing instr ,;~ `~--~L- , 1987, nt was acknowledged before ingde'le South by ~ - me this gf/~.. Maintenan Association~~.i~,~ day of~ .on beh la f of Farm- , J ~~~ l J /~, ~.. ery Public _~:_ ~' cc~rrrtnission ~Pires: - - ~~~~-~~ 2 State of Virginia, County of ~--__, to-Wit ~~. ~~~~ The foregoin g instrument Was Board ac kn°~"~ledg~ before of SuPervisorsbof R~ oke C~ge' Count me this Y Administrator, on be- h of athef unty, Virginia. Notary ~blic ~' COnmission expires: I hereby cert. f I Clerk of the Y that I have gamin the Farmin Circuit Court of the ~ the land r I the abov 9dale South hlaintenan~e County of Roanoke °rds in the Of_f_i.ce of the ~ e-describes righta of Wad,, '~s~iation, Inc. hasg the rand have ~ found I ght to convey ~ Sarah A~~ Q . ~~, F.sq. 3 THIS DEED AND A~~ made and entered into this ~_ day of 1987, by and between the PINE HILL MAINZ ASSOCIATION, I hereinafter referred to as "Association and the ~~~ BOARD OF SUPERVISORS OF ROANOKE ~y~ ~1IRGINIA, hereinafter referred to as "County." I W I T N E S S E T H I ~~REAS, Joe D. Spencer and Sybil R. Spencer, the developers of a sub- division known as pine Hill, recorded a map of said subdivis' lon in Plat Book 9, page 54 in the Clerk's Office of the Circuit Court of Roanoke Count Virginia, showing easements and streets in the subdivision, namel Hill Drive; and y j in1E~,AS, the recordation of this plat did vest title to Hill Drive in the County of Roanoke. ~~ by instrument dated October 11, 1977, Joe D. Spencer, S bil R. Y Spencer, Gary D. Spencer, Kathy B. Spencer, James Lawrence McGlothlin, and ~iRita B. McGlothlin entered into an a r g Bement with the County vacating the I~streets in the Pine Hill Subdivision and r ~ ecited that at the time the subdivi- sion map was recorded it was not the intention of Joe D. S nce ~ Pe r and Sybil R. !Spencer or the County of Roanoke that the streets be dedicated to the public; and I SEAS, inadvertently said agreement of October 11, 1977, provided (that upon the vacation of the streets the fee simple title to the pro rt i Pe Y n i 'the streets so vacated vested in the owners of abutting lots free and clear of any rights of the public or to other owners of said lots as shown on said plat; and (~ ~-~. a Declaration of Covenants, Conditions, and Res trictions of ;i Pine Hill was recorded in the aforesaid Clerks Office in '~ (i Pa9e 70; and Deed Book 1033, I~ i ~. !' 1 . ,-~ _ ~'~ ~~~, by this Declaration, which was executed by Joe D. Spencer a Sybil R. Spencer, it was clear that all of the streets in Pine Hill mound eventually be vested in the Association; and ld ~~, by deed dated July 18, 1979, and recorded in the aforesaid Clerk's Office in Deed Book 1133, page 12, Joe D. Spencer, Sybil R. Spencer, ~rY D• Spencer, Kathy B. S pencer, James Lawrence McGlothlin, Rita B. McGlothlin, John W. Morris, Donna B. Morris, Harry M. White, Jr., Janet C. White, James H. Ketron, Sandra J. Ketron, and Spencer and Long conveyed any interest to be conveyed by them by said instrument of October 11, 1977, and any other interest they may have in said streets in Pine Hill to the Associa- tion; and II WH~2EAS, said Declaration provides the Association with the authority i to dedicate or transfer all or any part of the street to any public agency, ~ authority, or utility for such purposes, and subject to such co nditions as ~I ~Y ~ agreed to by the Association; and WHEREAS, the Association has agreed to dedicate to the County for pub- lic use all rights of way as shown on the above-referenced recorded plat. ~ ~~ 'I~RRFt~RE, the Association does hereb Y DCX~IATE, DIDICATE, GRA[~lI' ~ and CONVE,'Y with General Warranty and English Covenants of Tit ' le unto the County for. public use, the rights of way as shown on the above-referenced I plat of Pine Hill. ~larther conveyed to the County are perpetual easements I for drainage purposes to meet the standards set forth by the Virginia Depart- II ment of Highways. To have and to hold unto the County and its successors and assi ns f - ever in fee simple. 9 or I ~ The Association covenants that it has the right to conve the ~' Y above- i described property to the County, that the County shall have iet I ~ possession ~ I I~ I 2 I / ~ ~ / /iJ Hof said property, that said property is free from all encumbrances, and that ~it will execute such further assurances thereof as may be necessary. Elmer C. Hodge, County Administrator of Roanoke County, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance # ,~,~.~~,%-~-~ adopted by the Board of Supervisors of Roanoke County. WITNESS the following signatures and seals: PINE HILL MAIrTI'ENANCE ASSOCIA`T'ION, INC. B s Qi~ SUPERVISORS OF ROANOKE COLJPII'Y, VIRGINIA By E]_rner C. Hodge County Administrator State of Vir inia, County of ~~21c~1~ to-wit: n; ~' -- The foregoing inst~~npent was acknow ed ed before me this ~_ day of 1987, by __ ~.,,y,o~r/. ~~ ~ , on behalf of Pine Hill hlair.- t ance Association, Inc`. i._ %~ Notary Pub], ' ~ "1 J. My commission expires: -. ,-~~~ ,~~/ /Y~ ~~ State of Virginia, County of to-wit: The foregoing instrument was acknowledged before me this day of 1987, by Elmer C. Hodge, County Administrator of Roanoke County, Virginia. Notary Publ My commission expires: 3 I hereby certif Clerk Y that I have ex ~~`i~ - ~_~`° ,' the P ne the Circuit Court of t amined the ' G above- Hill Nlaint land descri enance Associat otY of Roanoke o d r In the office of bed rights-of_WaY n~ Inc. has the 91nia, and have the right to convey the l Sa ah~~~`-2~ C~. ~,~-e.~ A• Rice, Esq. 4 E, a w ice- ~ ~- THIS DEED AND AQ~I', made and entered into this ~-~~ day of ,~u N ~ , 1987, by and between the WALTDON FARMS PROPERTY OWNEET~'S ASSO- CIATION, hereinafter referred to as "Association," and the BOARD OF SUPER- VISORS OF ROANOKE OOUNT'Y, VIRGINIA, hereinafter referred to as "County." W I T N E S S E T H WHII~EAS, McThom Development Corporation, Walter A. McCue, and Lillian L. McCue, the owners of a subdivision known as Waltdon Farms, recorded a map of said subdivision in Plat Book 9, page 94 in the Clerk's Office of the Cir- cuit Court of Roanoke County, Virginia, showing easements and streets in the subdivision, namely Old Farm Road and Peach Tree Circle; and WHEREAS, the recordation of this plat did not vest title to Old Farm Road and Peach Tree Circle in the County of Roanoke; and WHERE'.AS, by a Declaration of Covenants and Conditions of Waltdon Farms recorded in the aforesaid Clerk's Office in Deed Book 1073, page 439, the owners set forth the manner in which Old Farm .Road and Peach Tree Circle would be maintained by the Association; and WHEREAS, this Declaration provides the Association the right to dedi- cate or transfer all or any part of the common area (said area described and shown as Old Farm Road and Peach Tree Circle on said plat) to any public agency, authority, or utility for such purposes and subject to such condi- tions as may be agreed to by the meanbers; and WHEREAS, the Association has agreed to dedicate to the County for pub- lic use all rights-of-way as shown on the above-referenced plat. NC7W, Tf~2EE~ORE, the Association does hereby DONATE, DEDICATE, GRANT, and OONVE,Y with General Warranty and English Covenants of Title unto the County for public use, the rights-of-way as shown on the above-referenced plat of Waltdon Far art ms. ,~ f menu for drains her conveyed to the ~E rte'' impartment of Hi he purposes to meet the stands County are perpetual ease- To have and ways, rds set forth by the Virgini to hold unto a ever in fee simple. the County and its successors . and asst The Ass~iation gns for- descri~ covenants that it of said r property to the County, that th has the right to convey the _ P opertY, that e County shall above said have quiet it will eXecute Property is fr A°ssession such further ~ from all enc assura prances, and Elmer nces thereof that C. H°dge~ Count as ~Y be necessar by joins Y A~inistrato y. in the eXecution of r °f Roanoke Co said Board of this instrum~t unty. Virginia, here- si Supervisors of to gnify the Ordinance ~, ~L_ ~~ ~ , - , c _, the real estate a~ptance by ~: ~ - ` conveyed herei County, adopter by the ward of Su n pursuant to Pervisors of Roanoke WIl~S the foll~in9 signatu res and seals: ~ WAI.TDpN F PROP S ~~1ATIp~ i ~-t-~. _rc.a. ~T _ -~ LxJAR~ I ~ ROANpKEF~~VISORS OF VIRGINIA By i E-Imer C. Hod e County Admin strator lJl i; i II i' j ~I (: ~ +. State of V. County o f}~~inia, K~~ The for .-, to-wit : ,~{'~ .... ~ =--=sic ~ ~°zp9 instr ~r~ ~. Property p~.1er is AssobCia t ' ~ ~" t wr c~ aCknowled . befor ~ this ~ ~ ion, -~_ on behalf of W r _ day of ~ altdon Fauns l MY commission ~Pires. Not rY Public ~ . ~ .., c ~ ~ ~~~ ~ State of Virginia, County of ~~, to-wit ; The fore9oin 9 instr County, Vi-rginia. 1987, b~ ~~ c knowled9ed befo Hodge. Coup tyr Admi i s tra to '----- d aY of r °f Roanoke MY commission I`lotarY Public empires; I hereby cert if Clerk o Y that the Wal doneF~lrcuit I have ex a Court of ~lned the land ab°~e'described~ Property ~wner,County of records lgh~-of-way, s AssoCia Roane has h r9irniahea~df hce of the e right to Con ~ FOUnd Y the Sarahan ~ ~ ' ~-~- Rice, Esq, y ~ A-71487-11. c ITEM NUMBER fY'- C- A'~' A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, JULY 14, 1987 MEETING DATE: July 14, 1987 SUBJECT: Rollover of 1986-87 School Textbook Funds COUNTY ADMINISTRATOR'S COMMENTS: ~~~.cn~~~~~oz~ SUMMARY OF INFORMATION: The County Schools were unable to purchase sufficient quantities of textbooks in certain subject areas by the end of the 1986-87 fiscal year. Attached is a resolution from the County School Board of Roanoke County requesting $130,000 of unexpended funds from the 1986-87 School Textbook Account be appropriated to the 1987-t38 School Textbook Account. ~j FISCAL IMPACT:'( The School Textbook Fund is a separate self-balancing fund. All unexpended funds remain in the fund balance of the Textbook Fund until appropriated. Therefore, funds should be available in the Textbook Fund and no additional monies from other sources would be required. RECOMMENDATION: Staff recommends that the rollover of unexpended 1986-87 fiscal year. SUBMITTED BY: Diane D. Hyat Director, Finance Approved (x ) Denied ( ) Received ( ) Referred To APPROVED: Elmer C. o ge County Administrator ACTION Motion by: Harrv C. Nickens/ Bob L. Johson to approve Board of Supervisors approve the Textbook Funds to the 1987-88 VOTE No Yes Abs Brittle x Garrett x Johnson x McGraw x Nickens x cc: File/Diane Hyatt/Bayes Wilson ' ,.. Y "~ ..~~i FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA MEETING IN REGULAR SESSION ON JUNE 30, 1987 AT 7 P.M. IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING APPROPRIATION OF 1986-87 UNEXPENDED SCHOOL TEXTBOOK FUNDS TO THE 1987-88 SCHOOL TEXTBOOK FUND ACCOUNT WHEREAS, textbook adoptions for the period 1986 - 1992 necessitated the purchase of new books during 1986-87, and WHEREAS, sufficient quantities could not be delivered by the end of the current fiscal year (June 30) in certain subject areas; NOW, THEREFORE, BE IT RESOLVED that the County School Board of Roanoke County, on motion of Barbara B. Chewning and duly seconded, requests the Board of Supervisors of Roanoke County to appropriate $130,000.00 of unexpended funds in the School Textbook Account for 1986-87 to the School Textbook Account for the 1987-88 budget year in order to complete the needed purchase of said textbooks. Motion was adopted by the following vote: AYES: Paul G. Black, Richard E. Cullinan, Charlsie S. Pafford, Barbara B. Chewning, Frank E. Thomas NAYS: None w A-71487_ll,d ITEM NUMBER AT A REGULAR MEETING ~ ~~ COUNTY, VIRGINIA OF THE BOARD OF SUPERVISORS CENTER. ~ HELD AT THE ROANOKE COUNTY OF ROANOKE ADMINISTRATION MEETING DATE: July 14, 1987 SU---_~T~ Amendment to Classification Plan f Position of Secretary in Sheriff'soDeAdditional COUNTY ADMINISTRATOR S partment ' COMMENTS: A~~~~~a S U (~~~ ~z1~-~( MMARY OF INFORMATION: The State Compensation B of Secretary in the RoanokeaCounts apPrOped an July 1, 1987. Y Sheriff s De additional position partment effective FISCAL IMPACT: ~`~~ r The State Compensation Board will provide of $11,842. As this Classification Plan p°sition funding in the amount salar ~ additional fundsl in the amou t o f f° u n t y s Y and fringe benefits will in Grade 11, Step A, of the be required to $2445 for appropriation Classification Planed the position salar of funds is requested as funds will comeof romitional Y accounts within the Sheriff's budget. other RECOMMENDATIONS: It is recommended that 1987-88 be amended b the Classification p in the Sheriff's De Y the addition lan f or fiscal year partment effectivef Jule position of Secretary Y 1, 1987. SUBMITTED By; D• K. Cook Director of Human Resources APPROVED: ~~ k.z...~ Elmer C. od RESOLUTION; YES__NO County Administrator ACTION ------------------------------ AAproved (x) Motion B VOTE Denied ( ) Bob y• Harry C. Nickens NO yes Abs Received ( ) L• Johnson to / Brittle ap rove Garrett x Referred ( ) x To Johnson x McGraw x Nickens x cc: File/Sheriff Foster /Keith Cook Y M E M O R A N D U M MEMO T0: Mr. Elmer C. Hodge ,~ County Administrator FROM: Sheriff 0. S. Foster ~..r DATE: July 9, 1987 SUBJECT: Secretary ~~,1! ~ i 1?, ., 1 `.' '-° c-~ ~ ;- ' ,..:~ ~OclfiGk,~ C~~191ty ,' ~r`; Personnel $2rvices You will perhaps recall that in our County and State budgets this year, we requested a full-time secretary a*id a part-time secretary from both the County and the State Compensation Board. We asked the Compensation Board to also fund the additional salaries of dispatchers, as well as some of our clerical personnel. We have received our State budget for the coming year, and they have given us a position. which we will use by hiring a secretary to work four hours in the Criminal Investigation;; Division and four hours in the Records Division. The amount of the funding is $11,842, however the position needs to be supported by the County for $1,054, which is the difference of the starting pay for a secretary in a Grade 11A. This letter is being delivered to you today in the event you have the authority to act upon the request rather than take it before the Board of Supervisors. You will recall that the Board of Supervisors prepared and submitted a resolution to the State Compensation Beard supporting my request. If you are able to act upon this request prior to your leaving for vacation, we would appreciate it; however if not, we will wait upon your' decision upon your return. /lav c: Major J. E. Robertson Capt. J. H. McCorkle Capt. D. A. LaPrade F-32 A~ / { ~~"~ a o `aa~ .n ~ ~Qy l ~~o .. , z .°. it I ~ ~ ~ ~r '~ I J ~ ( ~ r i ~ I I ~ 1 J ~` IL W I <~ + j i I I ~ ~I - I .. ~2 ~ f u I I ~ ~ I I I + , I ~ 1 I ~ J 'yW~ ~ ~ I i ' ! I I I I ~ I ~~~ , I ~ ~~ +! i i I I I I i 1 o f f , W~ ~ ; ! ~ I I ; r I ~ <' ' ! ~ ' W: ~ j ! I II I I I ~ ~ I ~ ~ I ~ r j J. 1 ~ rj f I ~ ~ iI ~ j ~ ~ j ~(' ~ ~ J I I ~' I I ! ! ~ ' ~ I I I ! ~ lyyj ~qY ~ Wly , ! ! r I r I u W f I I ~ ! ' I X O i` ~ LL W I r j ~ I j ! II ! ' ~ ~ ~ ~ I ! ~p ~OW ~ OX ' I < ! U' m.y .J2; rW f "~+Zrty r<~~ ~ I I I ~ ~ I ~ V u' 'W O) }.~y y~ I - ~ j ~ I .rte ~y + ~IW ~ I ! I ~ ~ f c"'" z <WW' f ~ I _"'~ raz' ooi~ . f. W Q W Wf S. a "'~ r W p= O< W =ur ~~++ 'OWrui ~ ~y E--~ ~< W ~yyl ~~y V'.;4' N 0. .~.~ ~` m ti! {~ y 4~0 ,r~ IrJ u -~ I= u h O y Z = ~ LL J '~ J ~ y O C ~ 1 C z y O ' z, J O O ' I W <~ Wi ..J C K zr ' O ~ y y XI W: G O. ~ W 3 ~ C W ~ '' 2 _ Vr W V ~'1 '~ :., ~, o f 3 ~ ~ ~ € A-71487-11.e o~ ITEM NUMBER ~' ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1987 SUBJECT: Confirmation of Committee Appointments COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nomination must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Recreation Commission Mrs. Linda Shiner has been nominated by Supervisor Alan Brittle to serve a three-year term representing the Cave Spring Magisterial District. Her term will expire on June 30, 1990. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: CC /~ Elmer C. Hodge County Administrator ---------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens/Bob No Yes Abs Denied ( ) L. Johnson to confirm Brittle x Received ( ) Referred To cc: File Recreation Commission File Garrett x Johnson x McGraw x Nickens x ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: SUBJECT: Statement of the Treasurer's Accountability per Investments and Portfolio Policy: as of May 31, 1987. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Dominion Concentration 6,815,082.15 Sovran Savings 761,136.07 Central Fidelity Bank - CD 4,000,000.00 Southwest Virginia Savings & Loan - CD 100,000.00 Signet Bank - BA 2,968,970.83 Sovran Bank - BA 4,939,734.45 Dominion Bank - BA 985,143.61 Craigie Inc. - BA 2,955,211.67 _ Signet Bank - CP 1,970,531.11 Dominion Bank - CP - 2,968,038.89 SUBMITTED BY: APPROVED BY: ~~~~ ~~ ~ fred C. Anderson Elmer C. Hodge County Treasurer County Administrator ---------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) B Received ( ) Referred To rattle Garrett Johnson McGraw Nickens ` _, « . ITf;M NUME3ER / !•'1' A EtI;GUf.AEZ ME;f:TINS: f•' 'I'I{(~ f3UAEZI) t)f' SUE'f:RVISOEt:~ ci:' EtOANOKf; COU[; I"f, VIRGINIA EiELD A`I' 'I'[{{; ROANOKL COUNTY ADMINISTRII'1'ION CENTER MEE:'E''.,7t_DA'T'I:_ July 14, 1987 S U E3,1 i't "I'~ YOUTH HAVEN I I Project Status Report ('r)UE:`I'Y !~E)MIN{.;;'I'R!V'I'O[Z'S ('r>MM[?N`I'S: 5(Jt•1M,'1I?.Y UE•' ICd1~ORN{!~`I'ION: Building: The first U.S.D.A. reimbursement check for $39,786.66 was received by the County Treasurer this month. Due to the year-end budget close-out, a decision about our request for U.S.D.A. basement renovation funds will not be made by the Department of Corrections until mid-July at the earliest. Therefore, it is most likely that the renovations will not begin until August. A building cost summary sheet was prepared by myself and Ms. Hyatt this month and sent to the Department of Corrections for reimbursement. Additionally, "as built" drawings and specifications were completed, microfilmed and forwarded to the Department of Corrections. Program Development & Administration: Cur resident census is six, five of whom are Roanoke City youth. The source of referrals is about evenly split between Court Service Units and Departments of Social Services. Several additicnai applicants were rejected due to the severity of their behaviors and their need for a more restrictive environment. I would like to keep our census at six during the summer and begin accepting additional residents just prior to the resumption of school. This plan is based on the Department of Corrections' recommendation as well ~s present programatic needs. Tl~e placement slot trade-off with Roanoke City seems to be working quite ~.rell at this point. The County has placed one youth at Youth Haven I as well as sevF:~ral youth at the Juvenile Detention Center. To date, Roanoke City only owes the County $88.00 for girls at Y~UTH HP,VEN II and the County does not owe Roanoke City anything for its youth placed in City programs. Mr. Ritchie and I will continue to monitor this exchange monthly. We have agreed with thr~ City to extend this trade-off through October 1, 1987. It may turn out tf~at the Youth Haven I and Y~UTH HAVEN II programs will not need Title XX vendorship for local Departments of Social Services reimbursement. However, Y~;UTH HAVEN II will still pursue Title vv to enable us to•accept residents from outside the Valley should our census not stay up r~ith Valley youth. .,, . This month we be an ~ ~"""'` 9 implementation of a Department of Corrections mandated resident/program evaluation design. Our 1988-90 biennium budget request was also submitted to the nepartment ofi Corrections. ~^Je have received word that we will have our licensure review from September 22-September 24, 1987. On June 29 and June 30, 1987 our residents and statf went to Kings Dominion, The trip was paid for out of the X1,000.00 donated by Psis. Helen VanF~annselaer. A grand tune was had by all. Since our residents did beautifully, more trips are being planned for the future, so Public Relations: UJe held a luncheon this month honoring ibis, Dodie Graham for her dedicated work on our beautiful landscaping. Ms. Graham was presented a plaque in recognition of her efforts. The Grder of the Eastern Star donated an additional 1112.00 to 1'C~UTH HAVEN II this month. Personnel: Interviews for additional 8 a.m. to 12 midnight relief counselors are scheduled fior the week of July 6, 1987, APPROVEi:- 13Y ; ~;'ever I y 4'Ja I do, MSW~ - - ___ Program Manager Amer (, . f~ioc~de ~~-- -- Coun`.y t~dministr_ator :t~,~:--:?~. ~ci i ) .~~ .ion br, 1CPION ~'--------_-------------_----VCTE -------------- D _ .. _ ~ , ~ ___________--- .. -•.. , ., -----_ Sri tt1.~ - - ' G.~i r r e ~ ~ -_.-- _---- - - ~t, o ----- -__. _. _---- - ----- J o h n s c n -~-~"-- Nickens ___._ OF POANp,I,~ a ti ~ p Z ~ 7 2 0 'a 18 E50 88 SFSQI./ICENTENN~P~' A Beauti~ul8eginnin~ COUNTY ADMINISTRATOR ELME R C. HODGE (~n~tn~,~ n~ ~n~tnvke July 15, 1987 Rev. William E. Eicher Poages Mill Church of the Brethren Route 7 Roanoke, Virginia 24018 Dear Reverend Eicher: BOARD OF SUPERVISORS BOB JOHNSON. CHAIRMAN HOLLINS MAGISTERIAL DISTRICT LEE GARRETT. VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT ALAN H. BRITTLE CAVE SPRING MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT On behalf of the Board of Supervisors, I would like to take this opportunity to let you know of our appreciation for your attending the meeting on Tuesday, July 14, 1987, to offer the invocation. We feel it is most important to ask God's blessing on these meetings so that all is done according to His will and for the good of all citizens. Thank you again for sharing your time with us. Very truly u , Bob L. Johnson, Chairman Roanoke County Board of Supervisors bjh P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 (703) 772-2004 OF aOANp~~ ~ ~ f~~./ f 18 ~ ... ~~ 88 ~~~~1 ~~ ~~~ FSgVICENTENN~P~ A Beauti~ulBeRinnin~ BOARD OF SUPERVISORS COUNTY ADMINISTRATOR BOB JOHNSON. CHAIRMAN ELMER C. HODGE HOLLINS MAGISTERIAL DISTRICT LEE GARRETT, VICE-CHAIRMAN July 16 , 19 g 7 WINDSOR HILLS MAGISTERIAL DISTRICT ALAN H. BRITTLE CAVE SPRING MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL DISTRICT Mr. Harwell M. Darby Shenandoah Building P. 0. Box 2887 Roanoke, Virginia 24011 Dear Mr. Darby: Attached is a copy of Resolution No. 71487-7 concerning approval of issuance of bonds by the Industrial Development Authority for Fralin and Waldron Commercial Rental II, and Resolution No. 71487-6 concerning approval of the issuance of bonds by the Industrial Development Authority for F & W Office Park II. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, July 14, 1987 Also attached is a Certificate of Resolution concerning both actions. If you need further information, please do not hesitate to contact me. Sincerely, rn~,~., .~r. ~,c,~.,~ Mary H. Allen Deputy Clerk Attachment CC: Tim Gubala, Assistant County Administrator P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (7[~~i ~-~-~ -„„-. ! a A P P E A R A N C E R E Q U E S T ~_--~,- .,~ ,, PUBLIC HEARING ON (/, ,, ;f„~_ ,~~~ ,..2 ,~,~,,,~~, ~ „„ -~ - I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS: PHONE : ? ~ Lf - ~'~" PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) __~' v. V I K G I N I A: IN THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE COMMITTEE ON CONS'TI'TUTIONAL LAW, ) ROBERT S. GLOVER. ) PAMELA C. GLOVER ) HUGH D. KEY ) EUGENE M. LANE j Complainants ) Alan (I. Brittle, Member ) Roanoke County Board ) of Supervisors ) 3915 Skylark Circle, S.W. ) Roanoke, Virginia ) ) BILL OE COMPLAINT' Lee Garrett, Member ~ ) Roanoke County Board ) of Supervisors ) 4501 Steele Road, S. W. ) Roanoke, Virginia ) Harry C. Nickens, Member ) Roanoke County Board ) of Supervisors ) 3084 Woodway Road, S.E. ) Roanoke, Virginia j Steven A. McGraw, Member ) Roanoke County Board ) of Supervisors ) 3883 Shawnee Trail ) Salem, Virginia ) Bob L. Johnson, Member ) Roanoke County Board ) of Supervisors ) 6628 Northway Drive, N.E. ) Roanoke, Virginia, ) Respondents ) RINp, FULOIiLIM, r„>:`,~~.o~ME.Mc. COM11F.S NUW the Complainants, by counsel, and represent unto the Court as follows: 1. The complainant, Committee on Constitutional Law, is a group of Roanoke County residents and taxpayers. 2. That the remaining Complainants are residents and taxpayers of Roanoke County. 3. That the Respondents arcs all members of the Roanoke County Board of Supervisors, the governing body for said county. COUNT I 4. That on April 14, 1987, the Respondents voted, on a second reading of an ordinance, to approve a contract for sale of the "Old Roanoke County Courthouse" located at 301 E. Main Street in the City of Salem, Virginia. 5. In approving the sale of said courthouse, the Respondents violated a provision of Roanoke County's charter. to-wit: AC'['S OF ASSEMBLY CHAPTER 617 "'16.01 Use, management and disposal of property -The County may control and regulate the use and management of all of its property, real and personal, within and without its boundaries, and may sell, lease, rnortgage, pledge or dispose of such property, subject to such limitations as may be imposed by law. Property declared by a Department of the county or local authority or instrumentality serving the county to be surplus in relation to the use for which acquired shall be made available for other public uses before permitting disposition by sale..." 6. Prior to the decision to sell, no declaration was made that the "Old Roanoke County Courthouse" was surplus. 7. Likewise, prior to t(re decision to sale, the subject property was not made available for "other public uses". 8. In fact, the subject property is not surplus. 9. Additionally, there are several "other public uses" for which the subject property could be made available. 10. That a public hearing was not held as required by Virginia law. 11. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 12. In approving the sale of the courthouse, the Respondents violated §§ 15.1-257,258 and 260 of the Code of Virginia 91950), as amended. 13. In approving the sale of the Courthouse the Respondents violated §§15.1-270 of the Code of Virginia (1§950), as amended. COUNT II 14. On April 14, 1987, the Respondents in a formal budget work session voted to place Two Hundred Thousand Dollars (x200,000.00) of the Five Hundred Thousand Dollars (x500,000.00), which represents the purchase price of ttre subject land, in a n "instructional account". Funds in said account are used to pay the salaries of teachers, principals, counselors, aides, school secretaries and to purchase certain supplies. 15. Said use of the proceeds from the sale of the subject property is in violation of the Roanoke County charter: ACTS OF ASSEMBLY CHAPTER 617 §16.01 -Use, management and disposal of property - "The proceeds from the sale of capital facilities, be •~~ they real or personal property, shall be paid into capital facility accounts and expended therefrom solely for this purpose of acquisition, construction, maintenance or replacement of other capital facilities." 16. The closing on the sale has not yet occurred. COUNT III 17. That on July 22, 1986, a public hearing was held on the disposition of lots 75 and 76 in tl~e Dropmore Subdivision. 18. 'Chat the Respondents approved the Sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 19. Prior to the decision to sell no declaration was made that this property was surplus. 20. Likewise, r~rior to the decision to sale, the subject property was not made available for "other public uses." 21. That the sale on said property has closed. COUNT IV 22. That on August 26, 1986, the Respondents approved, on a second reading on an ordinance, the sale of 3.0 acres of Roanoke County land located in Southwest Industrial Park. 23. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this Bill of Complaint. 24. Prior to the decision to sell no declaration was made that this property was surplus. 25. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 26. That the sale on said property has closed. 27. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 28. That a public hearing was not held as required by Virginia law. COUNT V 29. That on August 26, 1986, the Respondents approved on a second reading of an ordinance, the Sr-le of 1.72 acres of Roanoke County real estate located in Southwest Industrial Park. 30. That the Respondents approved the Sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 31. Prior to the decision to sell no declaration was made that this property was surplus. 32. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 33. That the sale on said property has closed. 34. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 35. That a public hearing was not held as required by Virginia taw. COUNT VI 36. That on August 26, 1986, the Respondents approved on a second reading of an ordinance, the sale of a well lot located near Parkwood Drive. 37. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 38. Prior to the decision to sell no declaration was made that this property was surplus. 39. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 40. That the sale on said property has closed. 41. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City. as required by law. 42. That a public hearing was not held as required by Virginia law. COUNT VII 43. That on October 14, 1986, the Respondent approved on a second reading of an ordinance, the exchange of 7.58 acres of real estate to McVitty Howes of Roanoke Valley, Inc. for 7.96 acres of real estate. 44. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 45. Prior to the decision to sell no declaration was made that this property was surplus. 46. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 47. That the sale on said property has closed. 48. The Respondents did not advertise (he ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 49. That' a public hearing was not held as required by Virginia iaw. COUNT VIII 50. That on October 28, 1986 approved on a second reading of an ordinance, the exchange of .045 acres of real estate to M.R.I. Tanglewood Investments, Inc. for .41 acres of real estate. 51. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 52. Prior to the decision to sell no declaration was made that this property was surplus. 53. Likewise, prior to the decision to sale, the subject property was not made available for "other. public uses." 54. That the sale on said property has closed. 55. The Respondents did not advertise the ordinances for two successive I weeks in a newspaper of general circulation in Roanoke City, as required by law. 56. That a public hearrng was not held as required by Virginia law. COUNT IX 57. That oAr November 25, 1986, the Respondents approved, on a second reading of an ordinance, the sale of a well lot on View Avenue. 58. That the Respondents approved the Sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 59. Prior to the decision to sell no declaration was made that this property was surplus. 60. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 61. That the sale on said property has closed. 62. The Respondents did not advertise .the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 63. That a public hearing was not held as required by Virginia law. COUNT X 64. That on December 16, 1986, the Respondents approved, on a second reading of an ordinance, the sale of 3.29 acres of real estate which previously was Hidden Valley Junior High School. 65. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 66. Prior to the decision to sell no declaration was made that this property was surplus. ~ 67. Likewise, prior to the decision to sale, the subject property was not I made available for "other public uses." I 68. The Complainants believe this sale has not been closed. 69. Tiie Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 70. That a public hearing was not held as required by Virginia law. COUNT XI .71. That on January 13. 1987, the Respondents approved, on a second reading of an ordinance, the grant of a property interest in exchange for the release of a revisionary interest with Mason Cove Civic Club, Inc. 72. That the Respondents approved the Sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 73. Prior to the decision to sell no declaration was made that this property was surplus. 74. Likewise. prior to the decision to sale, the subject property was not made available for "other public uses." 75. That the sale on said property has closed. 76. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 77. That a public hearing was not held as required by Virginia law. COUNT XII 78. That on January 27, 1987. the Respondents approved on a second reading of an ordinance, the sale of real estate now located in or around the Bent Mountain Fire Station. 79. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. i i 80. Prior to the decision to sell no declaration was made that this ~ property was surplus. 81. Likewise, prior to the decision to sale, the subject property was not made available for "other ~ public uses." ~ 82. This sale has not been closed yet. ~ ~ 83. The Respondents did not advertise the ordinances for two successive I weeks in a newspaper of general circulation in Roanoke City, as required by law. 84. That a public hearing was not held as required by Virginia law. COUNT XIII ~ 85. That on February 10, 1987, the Respondents approved, on a second reading of an ordinance, the sale of the "Cooks Bottom" property. 86. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph I five (5) of this bill of Complaint. ~ 87. Prior to the decision to sell no declaration was made that this property was surplus. 88. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 89. That the sale on said property has closed. 90. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 91. That a public hearing was not held as required by Virginia law. COUNT XIV 92. That on March 10, 1987, the Respondents approved, on a second reading of an ordinance, the conveyance of an easement to Appalachian Power Company. 93. That the Respondents approved the sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this bill of Complaint. 94. Prior to the decision to sell no declaration was made that this property was surplus. 95. Likewise, prior to the decision to sale, the subject property was not made available for "other public uses." 96. That the sale on said property has closed. 97. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 98. That a public hearing was not held as required by Virginia law. COUNT XV 99. That on March 24, 1987, the Respondents approved, on a second reading of an ordinance, the sale of real estate on Route 601 (Old Hollins Road). 100. That the Respondents approved the Sale of said land in violation of the portion of Roanoke County's charter mentioned previously in paragraph five (5) of this Bill of Complaint. 101. Prior to the decision to sell no declaration was made that this property was surplus. 102. Likewise, prior to the decision to sale. the subject property was not made available for "other public uses." 103. This sale has not closed. 104. That a public hearing was not held as required by Virginia Law. 105. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke County as required by law. 106. The Respondents did not advertise the ordinances for two successive weeks in a newspaper of general circulation in Roanoke City, as required by law. 107. That a public hearing was not held as required by Virginia law. lOsl. That the notice requirements of the Code of Virginia (1950), as amended have been complied with. WHEREFORE, the Complainants pray that this court (a) Issue first a temporary and then a permanent injunction enjoining the Respondents from selling and/or closing the sale on the property which is the subject of counts I, X, XII, XV. (b) issue first a temporary and then a permanent injunction enjoining the Respondents from using any proceeds from the sale of the property which is the subject of Count II for any purpose otheS than the acquisition, construction, maintenance or replacement of other capital facilities. (c) enter an order voiding the transactions which are the subject of Counts III - IX, XI, XIII, XIV COMMITTEE ON CONSTITUTIONAL LAW ROBERT S. GLOVER PAMELA C. GLOVER HUGH D. KEY EUGENE M. LANE By Counsel G. David Nixon KING, FULGHUM, SNEAD ac HALE P.C. 112 W. Kirk Avenue, S.W. Roanoke, Virginia 24011 Counsel for Complainants