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1/12/1993 - Regular "'II1II January 12, 1993 00 9, ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 January 12, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the I second Tuesday, and the first regularly scheduled meeting of the month of January, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens (Arrived 3:05 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer I ~ "... 010 January 12, 1993 IN RE: OPENING CEREMONIES ~ The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge 'of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .L.. Resolution of AÞÞreciation to the Honorable Jim Olin for His SuÞÞort of Roanoke County Durina His Tenure in the U. S. Conaress. R-11293-1 Congressman Olin was present to accept a framed resolutionll from Chairman Minnix. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 11293-1 OF APPRECIATION TO THE HONORABLE JIM OLIN FOR HIS SUPPORT OF ROANOKE COUNTY DURING HIS TENURE IN THE UNITED STATES CONGRESS WHEREAS, Jim Olin has served since 1982 as a member of the united States House of Representatives from the sixth District of Virginia, which includes Roanoke County; and WHEREAS, during that time, Congressman Olin has, helped the countYII of Roanoke and its citizens in a variety of ways, including: ~ ~ I I ~ January 12, 1993 011 o Expediting the processing of disaster relief funds following the 1985 flood in the Roanoke Valley and continued efforts for long-term flood prevention projects; o Working with the County to obtain funding and support for the Explore Project, particularly with respect to the Roanoke River Parkway; o Assisting with the permitting process for Spring Hollow Reservoir and with negotiations resulting in the timely construction of the new Smith Gap Landfill; and o Intervening with Federal agencies to resolve issues related to the clean-up and closure of Dixie Caverns Landfill; and WHEREAS, Congressman Olin is now retiring from public service, and while he will no longer be representing the citizens of Roanoke County, he will always be remembered for his dedication to the Valley, his responsiveness to requests from his constituents, his frequent contact and support for citizens through the Town Meeting process, and his quick and unhesitating assistance in any problem involving the united States Government. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanok~ County, 'Virginia, on its own behalf and on behalf of the residents of the County, does hereby extend its sincere appreciation to CONGRESSMAN JIM OLIN for his help, his dedication and his outstanding service over the past ten years; and FURTHER, BE IT RESOLVED, that the Board extends its sincere wishes to Mr. Olin for a healthy, happy and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ~ III"'" 01'- January 12, 1993 L.. Resolution of AÞÞreciation to Lee Eddv For His servic as 1992 Chairman of the Board of SuÞervisors. R-11293-2 Supervisor Eddy was present to accept a framed resolution and plaque of appreciation from Chairman Minnix. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy RESOLUTION 11293-2 OF APPRECIATION TO LEE B. EDDY FOR HIS SERVICE AS 1992 CHAIRMAN OF THE BOARD OF SUPERVISORS I WHEREAS, Lee B. Eddy served as Chairman of the Roanoke County Board of Supervisors during 1992; and WHEREAS, during Mr. Eddy's term as Chairman, the County achieved a variety of accomplishments, including: o Passage of a new zoning ordinance, designed to guide and manage the growth of the County into the 21st century; o Overwhelming approval by the voters of a general obligation bond referendum, which includes funds for a new library, various school improvements and addi tions, increased park facilities, and improved drainage and roads throughout the County; o Accreditation of the Roanoke County Police Department, in recognition of achievement of an outstanding level of service and professionalism; and o Development /ofenhanced customer service efforts thrOUgt training and recognition programs for Roanoke County staff; and ~ ~ II I "'II1II January 12, 1993 01,3 WHEREAS, Mr. Eddy also worked diligently during his term to represent all the citizens of Roanoke County and to promote regional projects which would benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to LEE B. EDDY for his service as Chairman during 1992 and for his belief in democracy and participation by citizens in local government. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Eddy IN RE: NEW BUSINESS .L. Authorization to Issue UÞ AnticiÞation Notes for Cash Hyatt. Director of Finance) to $8.000.000 Tax Flow Purooses. (Diane R-11293-3 Ms. Hyatt and County Treasurer Fred Anderson were present to answer questions. Ms. Hyatt advised that the short term borrowing to cover the County's cash flow this year is $2,000,000 less than last " year. On the advice of the County's financial advisers, there will be a public offering and since a high rating has been received on the ...,¡ "... 014 January 12, 1993 note, an extremely low interest rate is expected and the unused funds will be reinvested to earn interest over the time period. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 11293-3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF TAX ANTICIPATION NOTES WHEREAS, Section 15.1-227.30 of the Code of Virginia of 1950, as amended ("Virginia Code"), authorizes the Board of Supervisors of the County of Roanoke, Virginia ("County") to borrow money in anticipation collection of taxes and revenues for the current year: and I of the WHEREAS, the Board of Supervisors has determined that it is necessary and expedient to borrow a maximum of $8,000,000 on behalf of the County and to issue its notes therefor ("Notes") in anticipation of the collection of taxes and revenues of the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Notes. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the Notes in the maximum aggregate principal amount of $8,000,000 (the "Notes"). The issuance and sale of the Notes is hereby authorized. The Board of Supervisors elects pursuant to Section 15.1-227.2 of II the Virginia Code to issue the Notes under the provisions of the ~ ~ ~ 015 January 12, 1993 I Public Finance Act of 1991. 2. Pledqe of Taxes. The Board of Supervisors hereby pledges to the payment of principal of and interest on the Notes when due the taxes and other revenues available to the County for the current year. 3. Details of the Notes. The Notes shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Notes shall be issued in fully registered form, shall be dated January 15, 1993, or such other date as the Treasurer may approve, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from N-1 upwards consecutively. The Notes shall mature on June 16, 1993 or such later date as the Treasurer may approve, but not later than one year from their date. The Notes shall bear interest, payable at maturity at such annual rate as the Treasurer shall approve, provided that such interest rate shall not exceed 7% per annum and shall be issued in such aggregate principal amount as the Treasurer shall approve, provided that such principal amount shall not exceed the maximum amount set forth in paragraph 1. The Notes shall not be subject to redemption before maturity, provided that if the Treasurer deems it to be in the best interest of the County, the Treasurer may provide that the Notes shall be subject to redemption before maturity at the option of the County at such times and upon such terms and conditions as the Treasurer may approve. II 4. Form of Notes. The Notes shall be in substantially the form attached to this Resolution Exhibit A with such appropriate as .... III"'" 016 January l2, 1993 variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on the Notes such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Treasurer shall determine whether the Notes shall be issued in certificated or book-entry-only form. The following provisions shall apply to the Notes if the Notes are issued in book-entry-orily form. The Notes shall be issued in fully registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Notes and immobilized in the custody of DTC. One fully registeredll Note in typewritten or printed form for the principal amount of the Notes shall be registered to Cede & Co. Beneficial owners of the Notes shall not receive physical delivery of certificates representing such ownership. principal and interest payments on the Notes shall be made to DTC or its nominee as registered owner of the Notes on the applicable payment date. Transfer of ownership interest in the Notes shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Notes in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Notes not less than fifteen (15) calendar days prior to the date upon which suct notice is required to be given. The County shall also comply with the ~ ~ I II "'II1II January 12, 1993 01 -; ';'. agreements set forth in the County's letter of representations to DTC. ReplaceID:ent Notes (the "Replacement Notes") shall be issued directly to beneficial owners of the Notes, as appropriate, rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securi ties depository for the Notes; or (ii) The ~ounty has advised DTC of its determination that , DTC is incapable of discharging its duties; or ( iii) The County has determined that it is in the best interest of the County or the beneficial owners of the Notes not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the appropriate officers of the County shall execute and deliver Replacement Notes substantially in the form set forth in Exhibit A attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (iii) above and has made provisions to notify the beneficial owners of the Notes by mailing an appropriate notice to DTC, the appropriate officers of the County shall execute and deliver Replacement Notes substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such Replacement Notes. Principal of and intere~t on the Replacement Notes shall be payable as provided in this Resólution and in the Notes and such Replacement Notes will be transferable in accordance with the provisions of ...,¡ "... 018 January 12, 1993 ~ paragraphs 8 and 9 of this Resolution and the Notes. 5. Appointment of Bond Reqistrar and pavinq Aqent. The Treasurer is authorized and directed to appoint a Registrar and Paying Agent for the Notes, which Registrar and Paying Agent may be an officer of the County. 6. Execution of the Notes. The Treasurer is authorized and directed to execute appropriate negotiabl~ Notes and the County Administrator is authorized to affix or reproduce the seal of the County thereto and to attest the same. The Treasurer is authorized and directed to deliver the Notes to the purchaser or purchasers thereof upon payment of the applicable purchase price. The manner of execution and affixation of the seal may be by facsimile, provided'lI however, that if the signatures of the Treasurer and the County Administrator are both by facsimile, the Notes shall not be valid until signed at the foot thereof by the manual signature of the Registrar. 7. CUSIP Numbers. The Notes shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Note on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission wi th respect to such numbers. 8. Reqistration. Transfer and Exchange. Upon surrender fori transfer or exchange of any Note at the principal office of the ~ ~ I I "'II1II January 12, 1993 019 Registrar, the County shall execute and deliver and the Registrar shall authenticate in the name of the transferee or transferees a new Note or Notes, as appropriate, of any authorized denomination in an aggregate principal amount equal to the security surrendered and of the same form as the security surrendered, subject in each case to such reasonable regulations as the County and the Registrar may prescribe. All Notes presented for transfer or exchange shall be accompanied by a wri tten instrument or instruments of transfer or authorization for exchange, -" in form and substance reasonably satisfactory to the County and the Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Note may be registered to bearer. New Notes delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Notes surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Notes surrendered. 9. Charqes for Exchanqe or Transfer. No charge shall be made for any exchange or transfer of the Notes, but the County may require payment by the registered owner of any Note of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Note. 10. Non-Arbitraqe Certificate and Tax Covenants. The County Administrator, the Treasurer and such officers and agents of the County as either of them may designate are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth ...,¡ III"'" 020 .January 12, 1993 the expected use and investment of the proceeds of the Notes and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code") , including the provisions of section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board of Supervisors covenants on behalf of the County that the proceeds from the issuance and sale of the Notes will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Notes and that the County shall comply with the other covenants and representations contained therein. . 11. Disclosure Documents: Sale of Notes. The Notes shall be I offered for sale in such manner as the Treasurer may determine to be in the best interests of the County. The County Administrator and the Treasurer, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare and deliver an appropriate notice of sale, preliminary official statement, official statement and such other offering or disclosure documents as either of them may deem necessary to expedite the sale of the Notes. The County Administrator and the Treasurer, or either of them, are authorized and directed to execute such official statement. The notice of sale, preliminary official statement or statements, official statement or statements or other documents shall be publ,ished in such publications and distributed in such manner and at such times as the Treasurer shall determine. Theil Finance Director of the County and the Treasurer, or either of them, ~ ~ II II ..... 02 1 January 12, 1993 are authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2- 12. The Treasurer is authorized and directed to accept the bid or proposal for the purchase of the Notes which results in the lowest true interest cost to the County, provided that the interest rate on the Notes does not exceed the maximum rate set forth in paragraph 3. 12. Further Actions. The County Administrator and the Treasurer and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Notes and all actions taken by such officers and agents in connection with the issuance and sale of the Notes are ratified and confirmed. 13. Filinq of Resolution. The County Attorney is authorized and directed to file or cause to be filed a certified copy of this Resolution with the Circuit Court of the County pursuant to sections 15.1-227.9 and 15.1-227.42 of the Code. 14 . Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, N1ckens, Minnix NAYS: None ,~ L.. Authorïzation to Reimburse $1.960.628.21 to the General Fund for Costs Associated with SÞrinQ Hollow Reservoir ~ "... 022 January 12, 1993 and AÞÞroÞriation of Funds for the Dixie Caverns ~ Consent Decree. (Diane Hyatt. Director of Finance) A-11293-4 Ms. Hyatt advised that the County spent $1,960,628.21 from the general fund for the planning phases of the Spring Hollow Reservoir proj ect, and under the bond agreements, this amount is eligible to be re~mbursed from the Water Reservoir Bond proceeds. Since payment will soon be required to the Environmental Protection Agency Dixie Caverns Clean-up Project, staff recommends that the County file for reimbursement of these funds and appropriate them for the Dixie Caverns clean-up expenses. Supervisor Eddy felt it would be better to for Dixie Caverns expenses rather than appropriate reserve the funds I them because the actual costs have not been determined. He suggested that the staff come back at a later date with the actual costs for appropriation. Ms. Hyatt advised that at least this amount is necessary and if any of the money is not used, it will be brought back to the Board for reappropriation. Supervisor Johnson suggested that the funds should go to the Unappropriated Fund Balance and appropriate resolutions be brought back to the Board for approval at a later date. Ms. Hyatt advised that the County Attorney has an outstanding,. bill from EPA for $1. 3 million and if the funds reserved and not appropriated, this amount could not be paid. Supervisor Nickens advised that he feels that if the are II EPA ~ ~ I II ..... 0·23 January 12, 1993 incurs additional expense in tracking the bills, this cost will be passed on to the County. Supervisor Nickens moved to approve reimbursement of $1,960,628.21 from the Water Reservoir Bond Proceeds and to appropriate these funds to the Dixie Caverns Clean-Up Project. There was no vote. Supervisor Eddy made a substitute motion to approve the reimbursement but to reserve the funds for the Dixie Caverns Clean-up. The motion was denied by the following recorded vote: AYES: Supervisors Eddy, Johnson NAYS: Supervisor Kohinke, Nickens, Minnix Supervisor Nickens called for a vote on the original motion which was to approve the reimbursement and appropriate the funds to the Dixie Caverns Clean-Up Project. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Nickens, Minnix NAYS: Supervisor Eddy, Johnson h AÞÞroÞriation of Additional School Revenues from the State to Subsidize Bond Payments. (Diane Hyatt. Director of Finance) A-11293-5 Ms. Hyatt advised that the recent appropriation from the State will increase revenues to the School by $43,671, and the School Board voted to allocate this money for the following expenditures: ~ "... 02.4 January 12, 1993 $15,000 to Hepatitis B. Vaccine: $18,250 for the November 1992 Bon Education Expenses; and $10,421 Balance to the Superintendent's Contingency. Staff' recommended recognizing the $43,671 revenue subsidy and appropriating it to the expense accounts as, stated. Supervisor Nickens expressed his concern that this amount would increase the approved School Board budget and that he was unaware of a Superintendent's Contingency Fund. He suggested that the School Board budget a contingency amount as part of their operating budget at the beginning of the year. He felt that since there was no amount in the School Board Budget for the Nov 1992 Bond Education Expenses, this amount should not be added to their budget so it could be taken back by the County for their share. ani Supervisor Nickens moved to deny the appropriation deposit the funds in the Unappropriated Fund Balance. He stated that if the School Board needs additional funds during the fiscal year, they should come back and make their request. Ms. Hyatt advised that if this amount is not appropriated, it would show up at the end of the year as an additional unappropriated school revenue because the State is paying it directly to the schools. Supervisor Nickens a~vised that he would withdraw his motion since it appeared to be inappropriate. supervisor Eddy moved to approve the appropriation of $43,671, and change tþe word "promotional" to "educational bond expenses". The motion carried by the following recorded vote: II AYES: Supervisors Johnson, Kohinke, Eddy, Minnix ~ ~ I II ~ January 12, 1993 025 NAYS: Supervisor Nickens ~ Request for Virainia DeÞartment of TransÞortation Industrial Access Funds for Valley TechPark. (Tim Gubala. Director of Economic Deve1oÞment) R-11293-6 Mr. Gubala advised that staff recommends that the County request from the Virginia Department of Transportation up to $450,000 in funds from the Industrial Access Fund Program to provide approximately one-half of the estimated cost of an access road to Valley Techpark property. This will allow the County three years from the date of an allocation by the Commonwealth Transportation Board to locate qualified industries in Valley TechPark, and avoid having to repay the allocation. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 11293-6 SUPPORTING REQUEST FOR INDUSTRIAL ACCESS FUNDS FOR VALLEY TECHPARK WHEREAS, the Industrial Development Authority of Roanoke County, Virginia, and the Board ,of Supervisors have acquired 177 acres located in the County of Roanoke for the purpose of industrial development; and ~ ,... 026 January 12, 1993 WHEREAS, this property known as Valley TechPark is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a pUblic street or highway and will require the construction of a new roadway to connect with West Main street, (Route U.S. 460); and WH~REAS, the County of Roanoke hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED THAT the Roanoke County Board of Supervisors hereby requests that the Commonwealth Transportation Board Access Road funding to provide an adequate road toll provide Industrial this property; and BE IT FURTHER RESOLVED THAT the Roanoke County Board of Supervisors hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road, not to exceed $450,000; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur within three years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. BE IT FURTHER RESOLVED THAT the Roanoke County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the state Secondary System of Highways. II On motion of Supervisor Johnson to adopt the resolution, and ..... ~ I I ..... January 12, 1993 027 carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ~ ReQUest for AcceÞtance and AÞÞroÞriation of Grant from the Trust Fund of the ComÞrehensive Services Act. (Dr. Betty McCrary. Director of social Services) A-11293-7 Dr. McCrary advised that the Roanoke County Community Policy and Management Team (CPMT) received a grant in the amount of $196,523 for start-up costs for the, period January 1993 to January 1994. This grant will provide intensive in-home services to families involving targeted at-risk youth. The CPMT will be required to reapply for grant monies in the future. Supervisor Eddy moved to accept the grant and appropriation of $196,523. The moti~n carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Request from Hollins Rescue Squad for AÞÞro~riation of Funds to EQUiÞ and Train New Members. (Tommy FUQUa. Fire and Rescue Chief) A-11293-8 Chief Fuqua advised that the Hollins Rescue Squad was requesting financial assistance to complete the training and provide ~ ,... 02.8 January 12, 1993 the necessary equipment for fifteen additional new members. They are requesting $525 for CPR training, $4,260 for ten radio pagers, $1,500 for fifteen pairs of coveralls, and $9,000 for fifteen sets of protective clothing. Supervisor Nickens expressed concern that this request is outside of the Chiefs' review of equipment purchased, 'and is contrary to the normal funding of fire and rescue programs. Supervisor Johnson advised that there was a definite need for new members in the Hollins Rescue Squad and since the recruitment program was so successful, the County needs to provide adequate equipment for the squad. Supervisor Johnson moved to approve the appropriation of I $15,285. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ 1993 AÞÞointments of Board Members to Committees. Commissions and Boards. (Elmer C. Hodae. County Administrator) A-11293-9 Supervisor Eddy moved to appoint H. Odell Minnix as Liaison to the Virginia Association of Counties, and Supervisor Kohinke moved to appoint Timothy W. Gqbala to the Southwest Financing, Directors, replacing himself. The motions carried by Inc. Board of the fOllOWingll recorded vote: ..... ..... 029 ~ January 12, 1993 AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None o 1993 BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS H. ODELL MINNIX Clean Valley Council (2-year term expires 6/30/93) Roanoke Regional Airport Commission (4-year term expires 2/10/95) Liaison to the Virginia Association of Counties Roanoke Valley Economic Development Partnership (As Chairman) LEE B. EDDY Fifth Planning District Commission (3-year term expires 6/30/93) Recycling Advisory Committee II BOB L. JOHNSON Audit Committee Roanoke Regional Airport Commission (4-year term expires 2/10/94) Total Action Against Poverty Board of Directors (2-year term expires 5/5/94. BLJ appointeä Mrs. Elizabeth Stokes as his designee.) EDWARD G. KOHINKE Audit Committee Fifth Planning District Commission (3-year term expires 6/30/95) HARRY C. NICKENS Cablevision Committee Court Community Corrections Policy Board (3-year term expires 12/31/94) Social Services Board (4-year term expires 12/31/93) II IN RE: REQUESTS FOR WORK SESSIONS ~ III"'" 030 January 12, 1993 23'~ .L.. ReQUest for a P1annina Retreat on Saturday. Januarv o 1993. (Elmer C. Hodae. County Administrator) After discussion, Mr. Hodge was directed to bring back a recommended date for a planning retreat to be held on a weekday. He was also asked to obtain from all the supervisors a list of topics to be discussed. Supervisor Eddy furnished the Clerk with his written list. Supervisor Nickens requested that a statement of purpose for the planning retreat be prepared. IN RE: FIRST READING OF ORDINANCES I .L.. Ordinance to Vacate a 50 Foot UnimÞroved Riaht-of-Way Referred to as Loman Drive and Shown on the MaÞ of North Bur1inaton Heiahts. Section 1. UÞon the Petition of Fred Holdren. (Arnold Covey. Director of Enqineerina and InsÞections) Mr. Covey advised that the petitioner is requesting this vacation in order to remove the encumbrance on the property that he and his neighbors presently maintain. The County staff concurs with the right-of-way vacation on the condition that a 20 foot sewer easement be retained because several' homes in this area are not on County sewer. There has been a letter of opposition received from Mr. II Henson. ~ "'II1II 031 ~ January 12, 1993 Supervisor Eddy and Supervisor Johnson inquired about a board pOlicy for compensation for vacating rights-of-way. Mr. Hodge was directed to bring back at a later Board meeting a draft of a proposed policy for compensation to the County for obtaining rights- of-way. Supervisor Johnson moved to approve the first reading and set the second reading for January 26, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy II IN RE: CONSENT AGENDA R-11293-10 Supervisor Johnson moved to approve the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, KOhinke, Nickens, Minnix NAYS: None RESOLUTION 11293-10 APPROVING AND CONCURRING IN ,CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of II Supervisors for January 12, 1993, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item ~ "... 032 January 12, 1993 separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Confirmation of Committee Appointments to the Library Board and Mental Health Services of the Roanoke Valley Board of Directors. 2. Acceptance of Water Facilities Serving Forest Edge, Section III. 3. Request from the vinton Moose Lodge 1121 for Approval of a Bingo Permit for 1993. 4. Request from the Roanoke Moose Lodge #284 for Approval of a Bingo Permit for 1993. 5. Request from Roanoke Moose Lodge #284 for Approval of a 50/50 Raffle Permit for 1993. 6. Request from Women of the Moose Chapter 1551 for a 50/50 Raffle Permit for 1993. 7. Request from Northside Athletic 50/50 Raffle Permit for 1993. Booster Club for all 8. Donation of Rigþt-Of-Way and Drainage Easements in Connection with Tinkerdale Road Extension. "t 9. Donation of Drainage Easement in Connection with the Fontaine Drive Project (P-53) to the County of Roanoke. 10. Donation of Drainage Easements in Connection with the Oakland Blvd. Project (P-127) to the County of Roanoke. 11. Request for Approval of Resolution Amending the Early Redemption provision of the $3,700,000 Public Improvement Bond Anticipation Notes. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the consentll Resolution, and'carried,by the following recorded vote: ..... ~ I II "'II1II January 12, 1993 0:1 3 ' AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None RESOLUTION 11293-10.k OF THE BOARD OF SUPERVISORS , OF THE COUNTY OF ROANOKE, VIRGINIA WITH RESPECT TO THE COUNTY OF ROANOKE, VIRGINIA $3,700,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 1993 The Board of Supervisors of the County of Roanoke, Virginia ("County") adopted a resolution on December 15, 1992 ("Resolution") authorizing the issuance and sale of the County's Anticipation Notes, Series 1993 ("Notes"). The County has determined that it is in the best interest of the County to provide that the Notes will not be subject to redemption before their maturity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Notwithstanding anything to the contrary in the Resolution, the Notes shall not be subject to redemption before their maturity. Except as modified hereby, the Resolution remains in full force and effect. 2. This resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None ~ ,... 034 January 12, 1993 ~ IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: ( 1) He observed that Valley Metro provides transportation services on the City side of Hershberger Road for Friendship Manor, but not the County side. He requested that Mr. Chambliss investigate this situation. Supervisor Eddv: (1) He received concurrence from the Board to request a resolution of support ,for the Federal Government Community Block Grant Financing for Total Action Against Poverty. Staff was directed to bring back a resolution. (2) He was informed that Mr. Mahoney, Mr. Hodge, and Chairman Minnix will attend the VML/VACo Legislative Day in Richmond on February 11, 1993. (3) Hell advised that he will speak at the County Board Chairman's Institute in Richmond on February 12, 1993. (4) He inquired whether the County needs to take action since Roanoke City approved the boundary adjustment for Vinton. Mr. Mahoney will bring this to the January 26, 1993 meeting for approval. (5) He requested that routine reports be made on the status of the construction projects on the bond referendum. Mr. Chambliss will give the Board monthly progress reports. (6) He asked when the enforcement options on the Sanitary Sewer Engineering/Rehabilitation program will be received from staff. Mr. Hodge will discuss with Mr. Craig and probably bring to the Board on February 23, 1993. (7) He inquired as to whether it was too late for the County to request additional corrections officers since VACo advises there are additional budgeted positions. Mr. Hodge advised II that Sheriff Holt has been unsuccessful at requesting additional ..... ..... 035 ~ January 12, 1993 positions; Roanoke City received none; and this item could be added to the legislative package (8) He asked about Dr. McCrary's request for support of three items contained in a letter he gave to staff for evaluation and recommendation. Mr. Hodge will bring back recommendations on January 26, 1993. (9) He an~ounced that he will seek the Republican Party nomination and re-election as Supervisor for the Windsor Hills Magisterial District. Supervisor Nickens: ( 1) He asked that the budget staff work with the School Board to have a 1993-94 contingency line item. (2) He feels that it is time to examine once again the idea of having the Roanoke Valley Economic Development Partnership, Inc. be the I regional voice for economic development. IN RE: REPORTS Supervisor Johnson ,moved to receive and file the following reports after discussion of Items 5, 6, and 7. The motion carried by a unanimous voice vote. .L.. General Fund UnaÞÞroÞriated Balance L.. CaÞital Fund UnaÞÞroÞriated Balance .h Board Continaency Fund ~ Statement of Revenues and EXÞenditures as of November 30. 1992 I ~ Results of Audit of the Machinerv'and Tools Tax Supervisor Nickens requested that a blank copy of the audit ~ ,... 036 January 12, 1993 form be provided for all Board members. ~ ~ ReceiÞt of Audit of Industrial DeveloÞment Authoritv of Roanoke County for 1991-92. Supervisor Eddy questioned whether there was a conflict with Ed Natt being both the Treasurer and General Counsel for the Industrial Development Authority. Mr. Gubala advised that the IDA has good internal controls in place and he does not feel there is any problem. ~ ReceiÞt of the Aareement with Roanoke Electric Steel for C1eanuÞ of their Þortion of the Dixie Caverns Landfill. Supervisor Eddy asked when the Board would have an opportunity to examine the agreement. Mr. Mahoney advised that it would be broughtll future date. back to the Board at a ~ Accounts Paid - December 1992 ~ Statement of Treasurer's Accountabi1itv Þer Investments and Portfolio Po1icv as of December 31. 1992. IN RE: RECESS At 4:45 p.m., Chairman Minnix declared a five-minute recess. IN RE: WORK SESSION .L. Joint Work Session with Communi tv Deve10Þment Team on Creatina and Retainina Jobs in Roanoke County. , (Tim Guba1a. Director of Economic Develo~ment) II ~ ~ I I "'II1II January 12, 1993 0'% 7 1,;'. " .~ Mr. Gubala introduced the members of the Community Development Team who were present and gave an overview of the team mission and organization. Anne Marie Green defined the Community Development Team problem statement which was "How to assist in the creation and retention of jobs with Roanoke County". She described the on-going internal actions of several departments to create and retain jobs within the County. Arnold Covey presented a case study of the site planning and building permit processes for Optical Cable Corporation. Ricky Showalter reported on the external actions to create and retain jobs within the County. He gave a case study of the special events programs as part of the tourism development. Mr. Gubala reported on the future opportunities to create and retain jobs in Roanoke County such as Valley TechPark, and other industrial and tourism projects. He gave a case study of the Explore Project., Supervisor Johnson suggested that economic impact statements be prepared on the Spring Hollow Reservoir, smith Gap Landfill, and the bond referendum on joint action projects. Supervisor Nickens suggested that the Lancerlot Sports Complex in Vinton be contacted and offered assistance if necessary to retain the Rampage Hockey team. Mr. Gubala will also notify the Roanoke Valley Convention & Visitors Bureau. IN RE: RECESS At 5:50 p.m., /Chairman Minnix declared a recess. IN RE: RECONVENEKENT ~ "... 038 January l2, 1993 ~ At 7:05 p.m., Chairman Minnix reconvened the meeting. IN RE: EXECUTIVE SESSION At 7: 06 p.m., Supervisor Eddy moved to go into Executive Session pursuant to the Code of Virginia (1) section 2.1-344 A (7) For Consultation with legal counsel, and briefings by, staff and consultants regarding contract negotiations requiring legal advice. (2) Section 2.1-344 A (1) to consider a personnel matter. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION I R-11293-11 At 9:17 p.m., Supervisor Johnson moved to return to Open Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 11293-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative r~corded vote and in accordance with the provisions of Th1ll Virginia Freedom of Information Act; and ..... ~ "'II1II January 12, 1993 039 ¡;, I II "'::~~'¡<!) WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a cèrtification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executi ve meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Kohinke, Nickens, Minnix NAYS: None IN RE: ADJOURNMENT At 9: 18 p.m., Supervisor Johnson moved to adjourn. í):he: motion carried by a unanimous voice vote. ...,¡