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8/27/1985 - Regular 099 ~ I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 August 27, 1985 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the third regularly scheduled meeting of the month of August, 1985. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3:06 p.m. The roll call was taken. I MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Alan H. Brittle, and Harry C. Nickens MEMBERS ABSENT: Supervisor Minter IN RE: CONSENT AGENDA Supervisor Nickens requested that Items 5, 10, 17, and 20 be removed for discussion. Supervisor Burton requested Items 9 and 12 also be removed for discussion. County Attorney, Paul Mahoney, requested that Item 11 be deleted until this matter can be discussed in Executive Session. Chairman McGraw also requested the removal of Items 6, 13, and 18 for discussion. I Item - 5 - Holdback Pay for County Employees - Supervisors Nickens suggested that employees be allowed to buy in the plan with their sick leave but upon termination be paid for those ten days at the sick leave rate. The Board directed Mr. Mahoney to revise paragraph 3 of the prepared resolution to reflect such changes. ~ ~ ~ 100 August 27, 1985 Items 6, 13, and 18 - Chairman McGraw congratulated the Department of Development and the Planning Staff for their achievements for the County. Item 9 - Land Use Management Advisory Committee - Supervisor Burton reported that she is concerned about the method of selection of the various representatives on this committee and requested that this matter be discussed in a work session on September 10, 1985. Item 10 - Vinton/Route 460 - Water System Expansion - Supervisor Nickens requested that in the future the Board discuss the cost for extending this system into North County. Item 12 - Curbside Collection - Supervisor Burton moved to extend the commercial and business rates for trash collection to apartments, mobile home parks, and other institutions providing that they do not exceed 35 can per week. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter Item 17 - Lease Agreement with Hollins College Corporation - The Board asked Mr. Mahoney what properties the County was leading with Hollins College. Mr. Mahoney reported that this land, located directly across from Hollins College, was supposed to have been used as a playground. Item 20 - Aqreement with Norfolk and Western Railway To Install a Pipe Line Crossing at Public Service Center - Supervisor Nickens inquired whether this line will be large enough to provide fire protection and if this will allow the placement of the gas line. Mr. Mahoney responded that the water pipe line would be large enough for fire protection but the agreement does not allow the placement of the gas line. Gary Robertson, Department of Public Facilities, reported that the gas company will be studying the area to see if the pipes should be I I I ----- ~ August 27, 1985 lOll placed now or wait until the County is ready to make the conversion. . Supervisor Nickens moved to approve the Consent Agenda I with the deletion of Items 9, 11, and 12. RESOLUTION NO. 85-141 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM A - 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 August 27, 1985, designated as Item A - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 21, inclusive, as follows: 1. Minutes of Meeting - August 6, 1985 I 2. Letter dated August 7, 1985 from Oscar K. Mabry, Deputy Commissioner, Department of Highways & Transportation approving addition of Elderwood Road from Route 1133 to a northwest cul-de-sac to the Secondary System. 3. Request for Fireworks Display Permit from the Roanoke County Parks & Recreation Department for September 13, 1985. Security provided by Roanoke County Sheriff's Department and Roanoke County Fire & Rescue Squads. 4. Caseload Report for Juvenile and Domestic Relations District Court Service Unit for the month of July 1985. 5. 6. 7. I 8. 9. 10. ~~. Report on holdback pay for county employees. - Appropriation Resolution. Report on Virginia Byways - Route 785 - Resolution. Bid Committee Report: a. Fencing for park property. - Resolution. South Park Circle inflow/infiltration study. - Resolution. Re~ef~ efi ~afið Hse ffiafia~effiefi~ aðv±sefY eeffiffii:~~ee. Vinton/Route 460 Water System Expansion. - Resolution. B±s~esi:~i:efi ef Nef~fl ~~ ~fe~ef~Y. ~ ~ ~ 102 August 27, 1985 - ReSe~H~±efi. i~. Re~ef~ efi eHf5si:àe ee~~ee~±efi. 13. Letter dated July 17, 1985 from Grace Gary, Director, Mid-Atlantic Regional Office, National Trust for Historic Preservation announcing approval of Roanoke County's application for funds for the Old Courthouse. I 14. Resolution establishing the policy of Roanoke County on citizen requests for water softeners. - Resolution. 15. Request for a Raffle Permit by the Catawba-Mason's Cove Rescue Squad. Requests that fee be waived. Reviewed by the Commissioner of Revenue. 16. Request for Raffle Permit by the Glenvar Youth Boosters. Requests that fee be waived. Reviewed by the Commissioner of Revenue. 17. Letter dated July 30, 1985 from James F. Douthat terminating August 1, 1970 Lease Agreement with Hollins College Corporation. 18. Letter dated August 14, 1985 from David K. McCloud, Chief of Staff, Office of the Governor announcing approval of a Virginia Community Development Block Grant in the amount of $700,000. 19. Letter dated August 15, 1985 from Anthony Anderson enclosing application for brokerage license for E. z. Travel, Inc. I 20. Resolution authorizing the Acting County Administrator to execute the advance permission agreement with Norfolk and Western Railway to install the 8" water pipe line crossing at the Public Service Center. - Resolution 21. Request for Raffle Permit by the American Diabetes Association. Requests that fee be waived. Reviewed by Commissioner of Revenue. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens with the deletion of Items 9, 11, I and 12 and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter RESOLUTION NO. 85-141.A IMPLEMENTING ----- ~ ~ August 27, 1985 10 ;j HOLD-BACK PAY. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. That the County Administrator is hereby authorized and directed to proceed with implementation of the schedule and methods for hold-back pay, as authorized on June 12, 1984. 2. That County employees employed prior to the implementation date be allowed to sell the County 10 accumulated sick leave days to be placed in the hold-back system. That employees who do not have 10 days of accumulated sick leave be allowed to receive a loan with the stipulation that the loan be repaid within 12 months. That constitutional officers and other elected officials not be placed on hold back. That employees hired after implementation be automatically placed on hold-back pay. I I 3. That the effective date for hold-back pay be October 4, 1985. That upon termination/retirement, County employees hired prior to the implementation date (October 4, 1985) shall be paid for these 10 days of sick leave a~-~fle~f àa~~Y-fa~e-ef-~ay-ae-eRe-e~ffie-ef-~Re~f-eefffi~fiae~efiffee~feffiefi~7 at the rate of $10 per day for termination and $20 per day for retirement which is the basis for employees buying into the hold-back pay program, this payment being made in addition to the $10 per day for sick leave accumulated beyond the 10 days hereby "sold" to the County. 4. That all other provisions included in the hold-back pay report submitted to the Board of Supervisors on August 27, 1985, be adopted. On motion of Supervisor Nickens to amend as requested and the following recorded vote: AYES: Supervisors Brittle, Burton, and McGraw NAYS: None ABSENT: Supervisor Minter ~ ~ ".. 104 August 27, 1985 RESOLUTION 85-14l.B RECOMMENDING THAT THE VIRGINIA COMMISSION OF OUTDOOR RECREATION DESIGNATE THE ENTIRE LENGTH OF ROUTE 785 AS A VIRGINIA BY-WAY WHEREAS, the Roanoke County Planning Commission has I prepared a comprehensive plan for the physical development of the territory within Roanoke County; and WHEREAS, such plan shows the Commission's long-range recommendations for the general development of the County; and WHEREAS, the Roanoke County Department of Development has recommended a rural Roanoke County secondary road, known as Route 785, become an official Virginia By-Way; and WHEREAS, such designation has been preliminarily granted by the Virginia Commission of Outdoor Recreation; and WHEREAS, such Virginia By-Way status shall protect and promote the aesthetic and cultural value of the historically significant and naturally beautify Catawba Valley of Roanoke I County; and WHEREAS, the Roanoke County Comprehensive Development Plan has designated the entire Route 785 corridor as either Rural Preserve, Park Open Space, or Rural Village, and by so doing, has marked the lands surrounding this road for conservation and limited development. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County recommends to the Virginia Commission on Outdoor Recreation that the entire length of Route 785 within Roanoke County be designated as a Virginia By-Way. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw I NAYS: None ABSENT: Supervisor Minter RESOLUTION NO. 85-14l.C ACCEPTING A BID TO FURNISH AND INSTALL FENCING AND BACKSTOPS AT THE BALLFIELDS LOCATED AT MOUNT PLEASANT AND STONEBRIDGE PARKS BE IT RESOLVED by the Board of Supervisors of Roanoke ----- County, Virginia, as follows: ~ ~ August 27, 1985 105 1. That that certain bid of Hartwell Fence Company in the amount of $33,790.00 for furnishing and installation of I fencing and backstops at the ballfields located in Mount Pleasant and Stonebridge Parks, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposals, and the provisions of this resolution, be, and same hereby is, ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of Roanoke County, all to be upon form approved by the County Attorney; and 3. That all other bids for this project are hereby rejected and the Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their I bids. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw NA YS : None ABSENT: Supervisor Minter Resolution Number 85-14l.D On Irotion made by Supervisor Nickens, the General Appropriation Resolution I>f Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby þmended as follows to becane effective as of the date of the adoption of this esolution. DFSCRIPrION ACCOONT NUMBER INCREASE (DEŒEASE) I'olass: rood: bbject: Expenditures utility Capital South Park Circle I+I 96-6-80002-0-00000 $ 35,500 I I'olass: 'und: bject: Revenues utility Capital Transfer from Sewer 96-5-51950-0-00000 35,500 lass: 'und: >ept. : bject: Expenditures utility Non-Depirtmental - Sewer Transfer to utility Capital Unappropriated Balance 92-6-09108-0-90096 92-6-09108-0-99999 35,500 (35,500) o allocate funds from current year's depreciation to South Park Circle study. ~ l~ r 106 August 27, 1985 On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw NAYS: None I ABSENT: Supervisor Minter Resolution Number 85-141.E On Irotion made by Supervisor Nickens, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby amended as follows to becane effective as of the date of the adoption of this resolution. DFSCRIPrION ACCOONT NUMBER INCREASE (DEŒEASE) Class: Expenditures Fund: utility Capital Object: Vinton - Route 460 Water System 96-6-70003-0-00000 $ 1,973 Class: Fund: Object: Revenues utility Capital Transfer from Water Fund 96-5-51900-0-00000 1,973 92-6-09107-0-90096 1,973 I 92-6-09107-0-99999 (1,973) Class: Fund: Dept. : Object: Expenditures utility Non-Depirtmental - Water Transfer to utility Capital Unappropriated Balance To appropriate Ironey for preliminary engineering and feasibility study on vintor - Route 460 Water System Expinsion. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw NAYS: None ABSENT: Supervisor Minter RESOLUTION 85-141.F ESTABLISHING THE POLICY OF ROANOKE COUNTY ON CITIZEN REQUESTS FOR WATER SOFTENERS WHEREAS, the Roanoke County Board of Supervisors has supply is a matter of significant concern; and I determined that the issue of adding softeners to the county water WHEREAS, the Board has directed the Public Facilities Staff to consult with state health department officials and medical specialist on the health implications of adding softeners; and - ~ 101(,1 -., ~ lr;JL ·'{1'7 August 27, 1985 WHEREAS, it has been determined that (1) the removal of hardness using the ion exchange method requires sodium to be I added to the water; (2) sodium is thought to aggravate high blood pressure in some people; (3) water sodium levels in excess of 125 mg/liter have been associated with increases of cardiovascular disease; (4) studies have shown that artifically softening water supplies can cause a rise in mortality rates; and (5) the changes for legal action against the county could be increased due to knowledge of potential health problems associated with sodium. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County will not install water softeners using the ion exchange method on County water systems. Citizens who wish to soften their water should consider installing individual units on their premises. I BE IT FURTHER RESOLVED that the County will continue to study county wells which currently have softeners in order to identify methods of reducing sodium levels in these wells. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw NA YS : None ABSENT: Supervisor Minter RESOLUTION 85-141.G AUTHORIZING THE ACTING COUNTY ADMINISTRATOR TO EXECUTE THE ADVANCE PERMISSION AGREEMENT WITH NORFOLK AND WESTERN RAILWAY TO INSTALL A WATER PIPE LINE CROSSING AT THE PUBLIC SERVICE CENTER BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I 1. That the Acting County Administrator is hereby authorized and directed to execute on behalf of Roanoke County an advance permission agreement with Norfolk and Western Railway to install the 8" water line crossing at the Public Service Center. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ~ ~ r 108 I August 27, 1985 ABSENT: Supervisor Minter Resolution Number 85-141.H On Irotion made by Supervisor Nickens, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby amended as follows to becane effective as of the date of the adoption of this resolution. I DFSCRIPrION ACCOONI' NUMBER INCREASE (DEŒEASE) Class: Fund: Dept. : Center: Object: Expenditures General Personnel Administration Part-Time Help FICA - Employer's Contribution 03-6-01203-1-10030 03-6-01203-1-10030 $ 5,000 353 Dept. : unappropriated Balance 03-6-99999-0-99999 (5,353) To appropriate funds for assistance needed to maintain leave accounting system. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens and McGraw NAYS: None I Supervisor Minter ABSENT: IN RE: WORK SESSIONS 1. SPCA Report - Mr. Bill Davis-Deck, President of the SPCA, presented a report to the Board of Supervisors requesting funding. Supervisor Nickens moved to refer this matter to staff for their review and recommendations. The motion carried by a unanimous voice vote. 2. Report on Roanoke Valley Library Card - Mr. George Garrettson, Director of Libraries, reported to the Board that he and his staff have set January 1 for their goal establishing one library card for each jurisdiction. Supervisor Brittle moved to I approve the concept and authorize staff to proceed with implementation on January 1, 1986. The motion carried by the following roll call vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None - ~ ~ 109 August 27, 1985 I ABSENT: Supervisor Minter 3. Report on Proposed poultry Ordinance - Mr. Mahoney, County Attorney, presented a proposed ordinance concerning the poultry ordinance to the Board. Supervisor Nickens moved to proceed with the advertisement for a public hearing on the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter 4. Prioritization of Projects on the Proposed Bond Referendum - Lt. Gibbs of the Roanoke County Sheriff's Department addressed the Board on the importance of the E911 and computerated dispatch system and urged that it be placed on the bond referendum. Ms. Bonnie Newlon, Department of Development, spoke to the Board on possible locations for the E9ll System. She recommended pinkard Court School would be the best location. Mr. Red Cable spoke to the Board about support equipment for the E9l1 System. Mr. Tommy Fuqua, Fire and Emergency Services Coordinator also advised the Board on equipment needs. Supervisor Nickens felt that the use of the pinkard Court School for the housing of the E9ll System was the best use of space. I I Mr. Pettigrew of Scott & Stringfellow, financial advisor to Roanoke County on last three bond issues, spoke to the board on financial implications. After discussion, Supervisor Nickens moved that the Board consider the inclusion of $2.5 million for the establishment of the E9ll System on the bond referendum and that staff proceed with legal notice regarding the anticipated tax on telephone bills to cover the E9l1 equipment costs and ~ ~ r 110 August 27, 1985 computerated dispatch costs. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter Supervisor Nickens also moved that the Bond Referendum include $4.9 million for school construction. The motion carried by the following recorded vote. AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter Supervisor Burton moved to include $2 million in the Bond referendum to provide fire facilities and fire hydrant extension in the County. The motion carried by the following recorded vote: I AYES: NAYS: ABSENT: Supervisors Brittle, Burton, Nickens, and McGraw None Supervisor Minter Supervisor Nickens moved to include $2 million on the Bond Referendum for the expansion of the water system from vinton to the 460 area and that the balance be included for an expanded well-drilling program. The motion carried by the following recorded vote: I AYES: NAYS: ABSENT: Supervisors Brittle, Burton, Nickens, and McGraw None Supervisor Minter Supervisor Nickens also moved to include in the bond referendum an amount not to exceed $2 million for rehabilitation of County buildings. This amount is to include the expansion of the 419 headquarters library by 10,000 feet. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, and McGraw NAYS: Supervisor Burton I - ~ l August 27, 1985 1 I . 1 ABSENT: Supervisor Minter Supervisor Nickens moved to include $1 million in the I bond referendum for proposed park development with the understanding that the County will seek to purchase these properties in such a manner that the citizens will realize that one district is not excluded. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Nickens, and McGraw NAYS: Supervisor Burton ABSENT: Supervisor Minter Supervisor McGraw moved that $600,000 be placed on the bond referendum for roads. He directed staff to break down roads by number of people served and degrees of problems and place as many roads into the system as possible. The motion failed by the following recorded vote: I AYES: Supervisors Nickens and McGraw NAYS: Supervisors Brittle and Burton ABSENT: Supervisor Minter Supervisor Brittle moved to place $4 million on the bond referendum as the County's contribution to the new airport terminal. The motion failed by the following recorded vote: AYES: Supervisor Brittle NAYS: Supervisors Burton, Nickens, and McGraw ABSENT: Supervisor Minter Supervisor Burton moved to approve $600,000 on the bond referendum for road improvements with the provision that there be a formula to include matching funds for the state and citizens I participation where applicable. The motion carried by the following recorded vote: AYES: Supervisors Burton, Nickens, and McGraw NAYS: Supervisor Brittle ABSENT: Supervisor Minter ~ ~ ",.- 112 August 27, 1985 5. 24 Hour Information Service - Held over to September 10, 1985 6. Report on Enlarging Roanoke County Today - Held over to September 10, 1985 I 7. Zoning Enforcement Program - Held over to September 10, 1985. 8. Report on Establishment of Recreation Commission - Held over to September 3, 1985. IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES 1. Industrial Development Authority - Mr. Timothy Gubala, Superintendent of the Department of Development, presented a request for Industrial Development funds for ROCA Realty. Supervisor Nickens moved to approve the request for I funds by ROCA Realty. RESOLUTION 85-142 AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT AUTHORITY BONDS TO ROCA REALTY WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority), has considered the application of ROCA Realty, a Virginia general partnership of which Louis P. Ripley, Charles B. Bray, Lee W. Shaffer, Thomas E. Strong, George D. Henning, Robert A. Pruner, Robert S. Widmeyer and William M. Mirenda, Jr. are the general partners (the Company), requesting the issuance of the Authority's industrial development revenue bond in an amount estimated at $1,500,000.00 (the Bond) to assist in the financing of the Company's (the Project) at Cave Spring Office Park in Roanoke County, I acquisition, construction and equipping of a medical facility Virginia, and has held a public hearing thereon on August 27, 1985; and WHEREAS, Section l03(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having - ~ August 27, 1985 1.lo ~ ~ ~ ! ! jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of I industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of Roanoke County, Virginia (the County) the Project is to be located in the County and the Board of Supervisors of Roanoke County, Virginia, the Board constitutes the highest elected governmental officials of the County; and WHEREAS, the Authority recommends that the Board of Supervisors approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the I Board of Supervisors. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. The Board of Supervisors approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the County nor the Authority shall be I obligated to pay the Bond 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. ~ ~ r ! 114 August 27, 1985 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens and the following I recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter Mr. Gubala also presented a request for funds for Hearp & Associates. Supervisor Nickens moved to approve the request for Hearp & Associates. RESOLUTION 85-143 AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT AUTHORITY BONDS TO HEARP AND ASSOCIATES WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the Authority), has considered the I application of Hearp and Associates (the Company), 3308 Franklin Road, S.W., Roanoke, Virginia 24014 requesting the issuance of the Authority's industrial development revenue bond in an amount estimated at $550,000.00 (the Bond) to assist in the financing of the Company's acquisition, construction and equipping of a two story office building (the Project) on Starkey Road near Tanglewood Square Shopping Center and across from Holiday Inn Tanglewood in Roanoke County, Virginia, and has held a public hearing thereon on August 27, 1985. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and I over the area in which any facility financed with the proceeds of the industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of Roanoke County, Virginia (the County), the Project is to be - located in the County and the Board of Supervisors of Roanoke ~ August 27, 1985 ~ 115. I County, Virginia (the Board) constitutes the highest elected governmental officials of the County; and WHEREAS, the Authority recommends that the Board of Supervisors approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Board of Supervisors. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That the Board of Supervisors approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 1.51-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the County nor the Authority shall be obligated to pay the Bond 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. I I 3. This resolution shall take effectively immediately upon its adoption. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter Mr. Gubala presented a request for funds by CBM. ~ ~ "..- 116 August 27, 1985 Supervisor Nickens moved to approve the request by CBM. RESOLUTION 85-144 AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT AUTHORITY BONDS TO CARL V. WOODIE, ALLEN V. WOODIE, C. DAVID WOODIE AND COLONIAL BUILDING MAINTENANCE, INC. I WHEREAS, the Industrial Development Authority of I I Roanoke County, Virginia (the Authority) has considered the application of Carl V. Woodie, Allen V. Woodie, C. David Woodie (one or more of them, or a partnership to be formed by them under the name of CBM Property Associates) and Colonial Building Maintenance, Inc., a Virginia corporation (collectively, the Purchasers) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $275,000 (the Bonds) to assist in the financing of the Purchaser's acquiring, constructing and equipping a facility approximately 10,000 square feet in size for the processing or manufacturing of industrial cleaning chemicals and distributing janitorial I supplies (the Project). WHEREAS, the initial owner, operator or manager of the Project will be the Purchaser; and WHEREAS, the Project will be located on a tract of land, approximately 1.5 acre in size, in the South Vinton Industrial Park at South Third Street in the Town of Vinton in Roanoke County, Virginia; and WHEREAS, the Authority held a public hearing on such application on August 27, 1985; and WHEREAS, the Authority has requested the Board of Supervisors of Roanoke County, Virginia (the Board of Supervisors) to approve the issuance of the Bonds to comply with I Section 103(k) of the Internal Revenue Code of 1954, as amended, which provides that the governmental units having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of the ----- ~ ~ 1. 1. '":1. fJ . ...... August 27, 1985 I industrial development bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of Roanoke County, Virginia (the County) the Project is to be located in the County and the Board of Supervisors constitute the highest governmental unit of the County; and WHEREAS, a copy of the Authority's resolution approving the plan of financing, subject to terms to be agreed upon, a record of the public hearing and a fiscal impact statement have been filed with the Board of Supervisors. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board of Supervisors of Roanoke County, Virginia, approves the issuance of the Bonds by the Authority for the benefit of the Purchasers, to the extent required by Section l03(k), to permit the Authority to assist in the financing of the Project. I I 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds, the financial viability of the Project or the creditworthiness of the Purchasers. Further, as required by Section 15.1-1380 of the 1950 Code of Virginia, as amended, the Bonds shall provide that neither the Commonwealth of Virginia, the County, nor the Authority shall be obligated to pay the principal of, premium, if any, the interest or supplemental interest thereon, or other costs incident thereto except from the revenues and moneys pledged therefor and applicable other security; and neither the faith, credit, nor the taxing power of the Commonwealth, the County or the Authority shall be pledged thereto. 3. This resolution does not constitute an allocation to the Project, of the County's "Local Allocation," as defined in Executive Order Number 54(85). ~ j ",.- 118 August 27, 1985 4. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens and the following I recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter IN RE: RECESS Chairman McGraw called for a dinner recess at 5:45 p.m. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 7:02 p.m The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw; Vice- Chairman Athena E. Burton; Supervisors Alan H. Brittle and Harry C. Nickens I MEMBERS ABSENT: Supervisor Gary J. Minter IN RE: OPENING CEREMONIES The invocation was given by the Reverend William P. Warnock of vinton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REPORTS OF OFFrCERS, DEPARTMENTS, AND COMMITTEES (Continued) 2. Department of Development - Mr. Gubala requested that the scheduled item concerning Open Burning Permits be held over to September 10, 1985. The Board concurred with his I suggestion. 3. Personnel Department - Mr. Keith Cook, Director of Personnel, introduced Mr. Clifford Craig, the new Director of Public utilities. 4. Department of Fiscal Management - No report. ----- l ~ August 27, 1985 119 I 5. Department of Public Facilities - No report. 6. County Attorney - Paul Mahoney, County Attorney, presented a resolution to approve the Public Improvements Bond Referendum. Supervisor Nickens moved to approve the bond resolution as corrected earlier during work session. A RESOLurION 85-145 REQUEsrING '!HE CIRCUIT CDURT OF ROANJKE CIXJNTY, VIRGINIA TO ORDER AN ELECI'ION ON THE QUEsrION OF ISSUIN3 UP TO $15,000,000 GENERAL OBLIGATION OONDS OF THE COUNl'Y AND SETTIN3 FORTH THE AMJUN!' AND PURPOSES THEROOF WHEREAS, the Board of Supervisors of Roanoke County, Virginia (the "Board") 1aS detennined that it has becane necessary and would be in the public interest L..O contract a debt on behalf of Roanoke County, Virginia (the "County") and . ssue the County's general obligation bonds in the maximrnn arrount and for the :>urposes hereinafter set forth; and WHEREAS, pursuant to authority granted by the Public Finance Act, Chapter ~, Title 15.1 of the Code of Virginia of 1950, as amended (the "Act"), the Board þroposes to call a special election to take the sense of the qualified voters of þJ.e County on the question of contracting a debt and issuing the general Þbligation bonds of the County, I mw lliEREFORE, BE IT RESOLVED BY THE OOARD OF SUPERVISORS OF RC>AIDIŒ H 11\.r1'V, VIRGINIA: 1. The Board hereby finds it advisable to contract a debt and issue general obligation bonds of the County in an arrount not to exceed $15,000,000 (the "Bonds") for the purpose of piying all or a portion of the cost of the following public improvements and undertakings: Water supply Schools Emergency camunications Equip- ment and facilities (E9ll) Fire safety Equipment and facilities Parks and recreation Streets and roads Public buildings TOrAL $ 2,000,000 4,900,000 2,500,000 2,000,000 1,000,000 600,000 2,000,000 $15,000,000 Funds may be reallocated frcrn any of the projects listed above to other projects listed above, so long as the new arrount allocated to anyone of the above listed projects does not exceed 115% of the t shown above for such projects, and so long as the maximum ggregate aIrount of the bonds does not exceed $15 million. I 2. The Board hereby requests the Circuit Court of Roanoke County, Virginia to order an election on November 5, 1985 on the question of contracting a debt and issuing the Bonds for the purposes herein set forth, provided that such date is at least sixty (60) days after the date on which the Court enters its order. The question on the ballot shall be in substantially the follo.¥ing form or such other form as may be approved by the electoral board of the County: QUESTION: Shall Roanoke County, Virginia contract a debt and issue its general obligation bonds in an arrount not to exceed Fifteen Million Dollars ($15,000,000), pursuant to the Public Finance Act, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, for the purpose ~ ~ r 120 August 27, 1985 of piying all or a portion of the costs of the following public improvanents and undertakings: Water supply Schools Emergency carmunications a:;¡uip- ment and facilities (E911) Fire safety a:;¡uipment and facilities Parks and recreation Streets and roads Public buildings TOrAL $ 2,000,000 4,900,000 I 2,500,000 2,000,000 1,000,000 600,000 2,000,000 $15,000,000 (Provided that funds may be reallocated from any of the projects listed above, so long as the new am:>unt allocated to anyone of the above listed projects does not exceed 115% of the aIrount shown above for such projects, and so long as the maximum aggregate aIrount of the bonds does not exceed $15 million)? ( ( ) Yes ) No 3. '!he Clerk of the Board is instructed to inmediately file a certified copy of this Resolution with the Circuit Court of Roanoke County, Virginia. 4. This Resolution shall take effect bnmediately. On Irotion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Burton, Nickens, and McGraw I NAYS: Supervisor Brittle ABSEN!': Supervisor Minter IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Carlton Wright, 630 Abney Road, Roanoke, Virginia, 24012, spoke to the Board on the cruising problems on Williamson Road. Mrs. Virginia Jones, a Boxley Hills resident, was also present to advise the Board of the problems the cruisers on Williamson Road are causing the neighborhood. Mr. Steve Graham, Manager of Arby's on Williamson Road, Major Robertson of the Roanoke County Sheriff's I also reported his problems to the Board concerning the cruisers. Department was present. He reported that the Sheriff's Department has paid overtime to officers who will patrol the area but he felt that the only way to be rid of the problem will be to widen Williamson Road. He also advised Mr. Graham, Manager of ----- ~ ~ August 27, 1985 121 I Arby's, to obtain names of those trespassing on the property and write a letter to the offender barring him from the property and stating that he will be charged with trespassing the next time he is seen on the property. Major Robertson also stressed to all businesses on Williamson Road that property must be posted at the entrance before trespassing charges can be pressed against violators. Supervisor Burton suggested keeping records of the problems in that area which will help the County with their priority list for roads next year. Supervisor McGraw suggested a neighborhood watch for residents and businesses. The Board directed Paul Mahoney, County Attorney, to check into curfew laws. Supervisor Nickens suggested a representative from residents group, businesses, Commonwealth Attorney's office, and Sheriff's Department to meet and discuss possible solutions to problems. The Board directed the Sheriff's Department to list all laws being broken in this area. Supervisor Burton directed staff to forward a memo to Judges stating the problems these citizens are having and the laws being broken. Mr. Marvin Case, 5534 Darby Road, NW, Roanoke, Virginia, a resident in the Boxley Hills area, reported to the Board that the cruising problems have spread to the residential areas. The residents and businesses of Boxley Hills presented a petition to the Board of Supervisors. This petition is on record in the file of the Deputy Clerk. Ms. Dorothy Hodges, 3621 Colony Lane, SW, Roanoke, Virginia, spoke to the Board representing residents of Colony Lane and various other streets within the Green Valley Subdivision. She presented a petition to the Board of I I ~ ~ ".. 122 August 27, 1935 Supervisors on behalf of these citizens. This petition is on record in the file of the Deputy Clerk. The citizens of this area are experiencing problems from inadequate drainage facilities. Mr. Clifford Craig, Director of utilities, responded that the problem is not on Colony lanes but in another part of the sewer system. The back up is flowing into the Colony Lane area. I Ms. Marcie Woolwine, 3716 Colony Lane, Roanoke, Virginia, also spoke to the Board of the problems in this area. Supervisor Burton suggested that the Board appoint a committee headed by John Hubbard, Superintendent of Public Facilities and Clifford Craig, Director of utilities, and Mr. Fred Altizer, Virginia Department of Highways and Transportation to investigate and to perform field inspection of the area. This committee should also meet with the citizens to develop a solution to the problem. Mr. Leon Briggs, 3636 Colony Lane, SW, Roanoke, Virginia, reported to the Board that a smoke test had been performed earlier but that test showed that there were no illegal connections. I IN RE: APPOINTMENTS Supervisor McGraw nominated Ms. Betty Desper, Route 5, Salem, Virginia, to the Sesquicentennial Core Committee. Supervisor Nickens moved to approve the nomination to the Sesquicentennial Committee. The motion carried by a unanimous voice vote. I IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Brittle - No report. 2. Supervisor Burton - Supervisor Burton moved to approve the street light requests for both locations in Sugar - ~ ~ August 27, 1985 190 k~ð Loaf Hills. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter I 3. Supervisor Nickens - Stressed to the Board and staff that the Director of Procurement reports directly to the County Administrator and all procurement documents must be approved by him and that the Board will hold him and the County Administrator responsible for his actions. Supervisor Nickens also requested that the September 3, 1985, agenda be cleared and that only the development of the public education program for the bond referendum be placed on that agenda. 4. Supervisor Minter - Absent. 5. Supervisor McGraw - Supervisor McGraw reported that he has received a request from the National Association of I Counties to serve on the Intergovernmental Affairs Steering Committee. Mr. Brittle also reported that he has received a request to serve on the Public Safety Steering Committee of the National Association of Counties. Supervisor Nickens moved to approve the appointments to the steering committees for NACo with the understanding that the County will cover the travel expenses to these meetings. The motion carried by the following recorded vote: AYES: Supervisors Brittle, Burton, Nickens, and McGraw NAYS: None ABSENT: Supervisor Minter I IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia 2.1-334 (a) (1), (2), and (6). ---- ~ r 12/j August 27, 1985 The motion carried by a unanimous voice vote. I IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session. The motion carried by a unanimous voice vote. IN RE: ADJOURNMENT Supervisor Brittle moved to adjourn. The motion carried by a unanimous voice vote. ~ CZ,~,~, Chairman I I