7/14/1987 - Regular
July 14, 1987
001
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
July 14, 1987
The Roanoke County Board of Supervisors of Roanok
County, Virginia, met this day at the Roanoke Count
Administration Center, this being the first Tuesday, and th
first regularly scheduled meeting of the month of July, 1987.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 2:0
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 Count
Administrator for Management Services; Joh
R. Hubbard, Assistant County Administrato
of Public Facilities; Timothy W. Gubala
Assistant County Administrator fo
Community Development; Paul M. Mahoney
County Attorney, Mary H. Allen, Deput
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July 14, 1987
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Clerk; Gardner Smith, Director of General
Services; Sheriff O. S. Foster; Captain
Leonard Wade; C. Wayne Compton,
Commissioner of Revenue; Phillip Henry,
Director of Engineering; Clifford Craig;
Director of utilities.
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend William E.
Eicher, poages Mill Church of the Brethren.
The Pledge of
Allegiance was recited by all present.
IN RE:
COUNTY ADMINISTRATOR'S COMMENTS
County Administrator Elmer Hodge recognized John
Hubbard, Assistant County Administrator who introduced the new
Director of General Services, Gardner Smith.
Mr. Hodge also introduced Captain Leonard Wade of the
Sheriff's Department.
Captain Wade presented an achievement
award to the County that was received by the Transportation
Safety Commission.
He also reviewed the annual report of the
commission.
Tim Gubala, Assistant County Administrator, was
recognized to present to the Board members and Mr. Hodge plaques
commemorating the street signing ceremonies.
JULY 14, 1987
003
IN RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER 0
AGENDA ITEMS
Supervisor Brittle added Item N-7 under the Consen
Agenda, Confirmation of Committee Appointments.
Superviso
Johnson added Item L-2, Appointment of a Blue Ribbon Commissio
to study the delivery of services. Mr. Hodge requested that Ite
F-2, Old Courthouse Litigation be heard following the Executiv
Session.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Chairman Johnson presented a Resolution 0
Congratulations to the Roanoke County/Salem Jail personnel fo
receiving 100 percent compliance from the Commonwealth 0
Virginia. Sheriff O. S. Foster was present to receive th
Resolution.
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
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JULY 14, 1987
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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
IN RE: WORK SESSIONS
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July 14, 1987
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1. Street Light Evaluation: Director or
Engineering Phillip Henry stated that prior to 1983, street
lights were requested by property owners,and there was little
review process. In 1983,the Board of Supervisors approved an
evaluation process which allowed for consistency in evaluating
the need, based primarily on traffic safety, but also including
pedestrian safety and crime. In 1986, Hayes, Seay, Mattern and
Mattern provided an independent review and found that the process
was generally satisfactory. They did point out several areas of
concern: One was that the process favors more rural areas,
because the more urban roads have been built under better highway
standards. Mr. Henry pointed out that the majority of the street
lights presently in the County were not installed under the
evaluation process. Based on the comments from Hayes, Seay,
Mattern and Mattern, the staff feels that the present evaluation
process is satisfactory, and they do not feel it would be
appropriate to remove the existing street lights. The County
also needs to pursue a cost-effective program as far as
change-out of the type of light fixtures in the County.
Supervisor Garrett asked if projects that are underway
to move individual street lights to better locations will
continue. Mr. Hodge responded that individual street lights will
be considered, but there will be no large relocation of street
lights. Supervisor McGraw advised he was concerned about
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July 14, 1987
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Idevelopments that have street lights installed while the property
is being sold, but removed when the subdivision is completed.
Supervisor Nickens was concerned that the County needs to be
able to respond to the problems in urban areas such as crime,
and pedestrian safety. The current policy does not address these
issues.
Mr. Hodge stated that the staff would prepare another
report in 30 to 45 days which will include urban and rural
evaluation policies, the possibility of private sector help,
requiring developers to install street lights, the cost to move
street lights to better locations, and the cost savings in light
conversions.
2. Work Session on Methods of Refuse Collection:
John Hubbard, Assistant County Administrator, reported that the
Refuse Collection operation has made many changes over the last
several years, and are now serving twice as many customers
with one-third the amount of staff. The staff has been studying
new methods for collection including the one man-bag collection,
a semi-automated collection, and an automated one-man collection.
The staff recommends the automated one-man collection service.
This method would use a refuse vehicle that is equipped with a
echanical arm that would be operated by the driver/collector.
The County would provide the residents with 98 gallon roll-out
July 14, 1987
~007
containers. This method would result in a substantial
cost-saving to the County. Mr. Hubbard stated that for thos
who could not rollout the large containers, the County woul
continue to roll those containers to the curb for the resident.
These would include handicapped and elderly residents.
Supervisor Johnson reported that the Board members ha
been using the large containers and have had a generally positive
reaction to them from their families.
Supervisor Brittle inquired if the staff had studie
privatization. Mr. Hubbard responded they had studied this, and
the cost would be approximately $10.00 per month, but does not
include bulk or brush collection. Supervisor McGraw pointed out
that even with privatization, the citizens would consider this a
county service, and would register complaints through the County.
Supervisor Nickens was concerned that monthly brush and bulk
collection would not serve the needs of the residents.
Mr. Hodge reported he had serious concerns and felt
this collection service could negatively impact the citizens, and
was not sure of the bottom-line savings that may be realized. He
pointed out that the areas presently using this system are flat
and have off-street parking regulations. However, Mr. Hodge will
support the Board's decision. Mr. Hodge requested that the Board
study his concerns for 30 days prior to taking a vote on the
issue.
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July 14, 1987
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Mr. Hubbard advised they will have public meetings with
the residents who will be using the one-man refuse service in. the
pilot project, and that they will be working on the system until
October.
Supervisor Johnson stated that this issue will be voted
on under the New Business section of the agenda.
3. Work Session on Water System Acquisitions: Mr.
Hodge stated that due to time constraints, he would summarize
this work session, and the Board can then vote on the issue under
New Business. The staff has studied the sources of funds
available to acquire seven systems, is recommending acquisition
of five of these water systems, and has identified a funding
source for the acquisition.
Supervisor Johnson stated he was concerned with the
County purchasing "marginal" water systems. Mr. Hodge suggested
that an ordinance be adopted that would tighten restrictions on
water systems.
IN RE:
NEW BUSINESS:
1. Update on the Explore Project: H. Bern Ewert,
Executive Director of the River Foundation was present to update
the Board members on the Explore project and a video was shown
explaining the plans for the project.
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July 14, 1987
Supervisor Johnson moved to authorize the Chairman to
write the Governor and area legislators to express the support of
the Board of Supervisors for the Explore project. The motion was
seconded by Supervisor Nickens, and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
2. Recommendation for funding of Human Services
Agencies: Mr. Hodge reported this item will allocate the
$20,000funds included in the budget to those agencies who have
applied for funding. The requests were reviewed by the Human
Services Committee, and they had expressed concern that there
were no additional funds allocated. Mr. Hodge pointed out that
$25,000 was allocated to Total Action Action Against Poverty and
$69,984 was allocated for Mental Health Services of the Roanoke
Valley for a total of almost $115,000 allocated to human service
agencies this year. Mr. Hodge stated he had reviewed the
requests with Betty Lucas, Director of Social Services. The
staff is recommending that the funds be allocated on the same pro
rata share as last year.
Supervisor Nickens stated he had no problems with the
proposed allocation, but was concerned about spending an equal
amount of money for cultural programs.
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July 14, 1987
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Supervisor Nickens moved that the human services funding
be allocated at $24,600, the same as last year, and that the
funds be taken from those earmarked for cultural programs. The
motion was seconded by Supervisor McGraw, and failed by the
following recorded vote:
AYES:
Supervisors McGraw, Nickens,
NAYS:
Supervisors Brittle, Garrett, Johnson
Supervisor McGraw moved to approve the staff
recommendation allocating the $20,000 funds.
The motion was
seconded by Supervisor Johnson, and carried by the following
recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Johnson
NAYS: None
ABSTAIN: Supervisor Nickens
4. Request for approval of refund of Industrial
Development Bonds for Fralin & Waldron Commercial Rental II and
Fralin and Waldron Office Park II:
Mr. Gubala reported that
this request allows a refinancing. Fralin and Waldron have found
an easier way for financing than the industrial development bond
program. They are returning the funding back to the program.
Supervisor Nickens moved to authorize the refund of the
industrial development bonds.
The motion was seconded by
Supervisor Garrett, and carried by the following recorded vote:
~YES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
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July 14, 1987
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NAYS:
None
RESOLUTION 71487-6 APPROVING THE ISSUANCE
OF BONDS BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY FOR FOR THE BENEFIT OF F & W
OFFICE PARK 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 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 Authority'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) ;
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July 14, 1987
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 Roanok
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 Authorit
to assist in the financing of the Project.
2. Approval of the issuance of the Bonds, as require
by Section l47(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.
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July 14, 1987
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On motion of Supervisor Nickens, seconded by Supervisor
Garrett, and upon the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
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 $4,100tOO,
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
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July 14, 1987
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WHEREAS, the Authority has requested the Board 0
Supervisors (the Board) of Roanoke County, Virginia (the County),
to approve the issuance of the Bonds to comply with Section
l47(f) of the Internal Revenue Code of 1986, as amended (th
Code) ;
WHEREAS, a copy of the Authority's resolution approvin
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 l47(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 l47(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
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July 14, 1987
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
5. Petition of Tim Edmondson for Allowance of
Claim: Mr. Mahoney reported that this claim exhausts the
administrative remedies as provided in state code and allows the
petitioner to go forward and commence with court action. The
staff recommends denial of the claim.
Supervisor Johnson moved to deny the claim. The motion
was seconded by Supervisor McGraw, and carried by the following
recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
6. Protest of Bid by Oxford Services: Mr.
Mahoney advised that Oxford Services, Inc. is protesting a bid
for janitorial cleaning services. Roy Nester, Director of
Building and Grounds has documented complaints concerning the
cleaning services provided by Oxford during the past year and
based on these complaints, the bid went to American Chemical
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July 14, 1987
Company. Mr. Mahoney introduced Charles Center, the attorney for
Oxford Cleaning Services.
Mr. Center advised that his client did not know their
services were deemed inadequate because they were not told.
The contract for Oxford Services provided that the County would
make inspections. In December 1986, a registered letter was sent
to the County asking for a quality Rating Survey. The County did
not respond to this request. However, there was internal county
correspondence asking county staff to list where Oxford Services
failed to meet contract specifications. The contract provided
that the County was to make monthly inspections and unacceptable
work was to be brought to the attention of the contractor and
given two days to correct. Only once has the County requested a
credit for services and that was because of snow when the
contractor was unable to provide services. In May 1987, another
Quality Rating Survey was sent to the County. There was no
response to this request. All concerns were handled through
internal memos and never communicated with Oxford. Oxford
Cleaning Services was the low bidder and should receive the bid.
Supervisor Johnson pointed out that the County does not
always have to award the contract to the lowest bidder for
various reasons, and one of them is performance of duties.
Supervisor Nickens asked Mr. Mahoney if there was
documented evident that Oxford was not performing. Mr. Mahoney
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July 14, 1987
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responded that he has testimony from Roy Nester, Director of
Buildings and Grounds. Supervisor Garrett asked if the
contractor had to be notified in writing, and Mr. Mahoney
responded that the contract only specified notification, and did
not specify the manner.
Supervisor Garrett moved to deny the bid protest. The
motion was seconded by Supervisor McGraw, and carried by the
following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
6. Protest of Bid by Valley Communications: Mr.
Mahoney announced that he has received notification from Pat
Whitescarver, who is representing Valley Communications, and he
has requested that this item be postponed until August 11, 1987
because he will be out of town.
Supervisor Brittle moved to postpone until August 11,
1987. The motion was seconded by Supervisor McGraw and carried
by a unanimous voice vote.
7. Approval of One-Man Refuse Collection Service:
This items was discussed under the work session earlier during
the meeting.
Supervisor McGraw moved to approve the One-Man Refuse
Collection System. The motion was seconded by Supervisor
Nickens, and carried by the following recorded vote:
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July 14, 1987
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AYES:
NAYS:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
8. Approval for Acquisition of Water Systems: Cliff
Craig, Director of Utilities was present to answer questions.
This was discussed under the work session earlier in the meeting.
Supervisor Nickens asked about the cost to upgrade the
systems to a level that would provide service to the citizens,
and will that upgrade include adequate piping for pressure for
fire protection, and are there legal problems in acquiring an
inadequate system. Mr. Craig responded that Sherry Court is the
only inadequate system, and the other systems compare with the
average County system as far as quality, fire flow service and
source. Sherry Court is totally inadequate and would require
money to connect to our system.
Supervisor Brittle moved to approve the acquisition of
the Cherokee Hills, Crescent Heights, Sherry Court, Forest Edge
and Carriage Hills Water System. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Johnson
NAYS: Supervisor Nickens
IN RE: REPORTS:
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July 14, 1987
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Commissioner of the Revenue C. Wayne Compton was present
to give an oral report concerning proration of Personal Property
tax. Mr. Hodge commended Mr. Compton and his staff, Treasurer
Alfred Anderson and his staff, and the Data Processing Staff for
their work on instituting this new program.
The following written reports were received and filed:
1. Statement of the Treasurer's Accountability of
Investments and Portfolio Policy.
2. Youth Haven II project Status Report.
IN RE: REQUESTS FOR PUBLIC HEARINGS
Mr. Mahoney advised that at the last board meeting a
public hearing was tabled concerning vacation of a subdivision
plat for Ramsgate Court, because it was thought this could be
handled administratively. It is been discovered that this cannot
be done, and the attorney for the petitioners has requested that
this be heard on July 28, 1987
IN RE: PUBLIC HEARINGS
787-1 PUBLIC HEARING AND RESOLUTION
PURSUANT TO SECTION 15.1-238(3)
AUTHORIZING CONDEMNATION AND
RIGHT-OF ENTRY FOR NORTH LAKES
WATER INTERCONNECTION
020
July 14, 1987
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Mr. Mahoney advised that this public hearing involves the
interconnection of the water line at North Lakes. There were two
properties to acquire, but the County had successfully negotiated
on one. The staff has reached an agreement with the second
property, Green Market, but have not yet received the agreement.
Mr. Mahoney suggested that the resolution be adopted even though
it appears the problem will be solved.
If there is a problem,
they may continue with condemnation.
Supervisor Johnson moved to approve the prepared
resolution. The motion was seconded by Supervisor Nickens, and
carried by the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
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
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July 14, 1987
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
certain 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 l5.1-238(e) as to the vesting of
powers in the County pursuant to Section 33.1-119 through Section
022
July 14, 1987
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I 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
IN RE: APPOINTMENTS
1. Blue Ribbon Commission on Delivery of Services
Supervisor Johnson announced that he is proposing that a
commission on the delivery of services be established which would
include Mr. Joe C. Thomas, Mr. Jack Shelton, Mr. Joe Handerhand,
and Mr. Ned LaGard. Another appointment will be made at the next
meeting. Supervisor Johnson explained that he is establishing
this commission because of the duplicity of services throughout
the County such as janitorial service, procurement, and others
that are duplicated.
The purpose of the commission will be to
combine such services when this would be effective. Ms. Reta
Busher, Director of the Budget will serve as a liaison to the
commission. Mr. Johnson has also discussed this with members of
the school administration. He asked that this commission report
back to the Board in October, and that a work session with the
023
July 14, 1987
School Board be set in November to discuss changes or possible
implementation of policies.
Supervisor Johnson moved to establish this commission.
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: CONSENT AGENDA
Supervisor Brittle asked that Item N-7, Confirmation of
appointment to the Recreation Commission be added, and that Item
N-3, Acceptance of Water and Sewer Facilities serving
Branderwood Section I, be removed for a separate vote so that he
may abstain.
Supervisor Nickens moved to approve the Consent Agenda
with the exception of item N-3 and the addition of Item N-7. The
motion was seconded by Supervisor Johnson, and carried by the
following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
Supervisor McGraw moved to approve item N-3. The motion
was seconded by Supervisor Johnson, and carried by the following
recorded vote:
024
July 14, 1987
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I A YES:
Supervisors Garrett, McGraw, Nickens, Johnson
NAYS:
None
ABSTAIN:
Supervisor Brittle
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 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 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.
July 14, 1987
025
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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.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McGraw advised he will present a written
report on his activities at the NACo Conference prior to the next
board meeting.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Hugh Key, 5355 Black Bear Lane S. W., announced that
the committee involved in litigation over the old Roanoke County
Courthouse have met with Mr. Hodge and Mr. Mahoney. They have
revised their bill of complaint to include thirteen of the sales
of real estate that have occurred under the County Charter and to
remove the use of funds from the sale of real estate.
IN RE:
EXECUTIVE SESSION
026
July 14, 1987
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At 5:20 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia pursuant to
the Code of Virginia 2.1-344 (a) (1) to consider a personnel
matter, the evaluation of the County Attorney and County
Administrator, (2) to consider a real estate matter, the airport
clear zone; and (6) to consider a legal matter, the old
courthouse litigation. The motion was seconded by Supervisor
Garrett, and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
IN RE: OPEN SESSION
The Board returned to open session at 6:20 p.m.
IN RE: NEW BUSINESS
1. Old Courthouse Litigation: Mr. Mahoney advised
that the Board of Supervisors is being sued by a group of
citizens concerning the sale of the old Courthouse. Mr. Mahoney
advised that three actions should be taken in regard to this
action. One issue concerns whether the building was surplus and
whether the Board considered other uses for that structure, and
he had researched the previous discussions concerning these
027
July 14, 1987
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matters. The County Attorney recommended that the Board ratif
that the Courthouse is surplus, and that the Board considere
other uses for the structure which are being contemplated by th
Extension Office, the Registrar and hopefully the Court 0
Appeals.
Supervisor Johnson moved to ratify and confirm that th
old courthouse is surplus in relation to the use for whic
acquired, and that the old courthouse has been made available fo
other public uses by contract with Roanoke College through lease
for the Extension Service, the Registrar and the intent t
negotiate a lease for the Court of Appeals; and that other publi
uses were considered in comparison to the costs,
limitations to the County. This ratification that the propert
is surplus, and confirmation that other public uses fo
property have been considered by the Board are apparent from th
procedures followed and the actions taken by the County, not onl
for this transaction, but also for all real estate conveyances
The motion was seconded by Supervisor Nickens, and carried by th
following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
Mr. Mahoney stated the second issue is the use of th
funds from the sale of the old Courthouse. To correct this, th
028
July 14, 1987
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County Attorney recommended that this be identified for a capital
Ifacility project and amend the original budget appropriation.
Supervisor Garrett moved 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
Ma y 2 8, 1 9 8 7 .
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 the fund balance. The motion was seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
Mr. Mahoney advised the third action would ratify that
any future receipts be allocated to the Capital Facilities Fund.
Mr. Hodge asked that the motion exclude those transaction made b
prior commitments.
Mr. Mahoney agreed, stating there wer
contain commitments such as sale of property for the schoo
hoard, for volunteer rescue squads, and industrial developmen
purposes.
029
July 14, 1987
Supervisor McGraw moved to ratify that any futur
receipts from sales of capital facilities will be appropriated t
the Capital Facilities Fund to be expended for the acquisition
construction, maintenance or replacement of other capita
facilities projects unless another disposition is required b
prior contractual commitment. The motion was seconded b
Supervisor Garrett, and carried by the following recorded vote:
AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS: None
Mr. Mahoney recommended that he could now go forward an
request that the court dismiss the suit because the Board 0
Supervisors has now responded to the concerns raised an
corrected any problems that were identified.
2. Establishment of Salaries of Count Administrator
and County Attorney:
Supervisor Johnson moved that the salary of the Count
Administrator be raised five percent from his 1986/87 salary an
that the increase be effective July 1, 1987. The motion wa
seconded by Supervisor Garrett, and carried by the followin
recorded vote:
AYES:
NAYS:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
None
Supervisor Johnson moved that the salary of the Count
Attorney be raised five percent from his 1986/87 salary and tha
030
July 14, 1987
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the increase be effective July 1, 1987. The motion was seconded
by Supervisor McGraw, and carried by the following recorded vote:
AYES:
Supervisors Brittle, Garrett, McGraw, Nickens, Johnson
NAYS:
None
The Salary of the County Administrator for 1987/88 will
be $73,028, and the salary of the County Attorney will be
$53,928.
IN RE: ADJOURNMENT
At 6:37 p.m., Chairman Johnson adjourned the meeting.
, Chairman
Board of Supervisors