11/3/1982 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24015
November 3, 1982
The Board of Supervisors of Roanoke County, Virginia met this
day in open session at the Roanoke County Administration Center, Roanoke,
Virginia, this being the first Tuesday and the first regular meeting of
the month of November, 1982.
MEMBERS PRESENT:
Chairman Athena E. Burton and Supervisors Harry C.
Nickens, Robert E. Myers and May W. Johnson.
MEMBERS ABSENT:
Supervisor Gary J. Minter
IN RE:
CALL TO ORDER
Chairman Burton called the meeting to order at 3:20 p.m. to
consider the VACo legislative package. A copy of the proposed legislation
is filed with the material of this meeting in the Clerk's office.
An indepth discussion of the VACo proposed platform and
legislative package followed.
IN RE:
RECESS
The v"ork session was drawn to a close at 4:00 p.m. in order to
meet with members of the Roanoke County School Board.
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IN RE:
RECONVENEMErn
At 4:05 p.m., the Board of Supervisors met with the School Board
to discuss potential areas of cooperation in various operations. Mr. Bayes
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Superintendent of Schools for the County, addressed the issue
regarding the City of Salem operating their own school system as of July
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1, 1983, which could significantly reduce the number of vehicles and
buildings to be maintained by the County School staff. It was suggested
that consideration be given to util izlng the School staff for total
maintenance of vehicles and buildings in a cooperative effort, as has been
performed previously for Purchasing and Parks and Recreation activities.
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County Administrator Flanders noted the cooperative effort which
has been demonstrated in the disposition of surplus property and suggested
consideration should be given for areas such as gasoline distribution,
building security, a publ ic service facility, radio maintenance and
insurance. It was suggested that a task force be developed to look at the
posslbil ities.
Supervisor Nickens suggested that consideration should be given
to a cooperative use of 1 ibrary facll ities, particularly in areas where
improvements to schools are being made, such as in the Mt. Pleasant School.
After discussion by both Boards, it was determined that a committee would
be establ ished to study the feasibility of such a library facility in
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planning the school IS expansion.
Chairman Burton appointed a committee to be chaired by Supervisor
Nickens and the County Library Director, George Garretson, and Chairman
of the Library Board to work with two appointees from the School Board to
study the feasibil ity of a joint 1 ibrary facility at the Mt. Pleasant
School.
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IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved for the Board to go into executive
session to discuss two real estate matters, pursuant to the Code of
at 5:10 p.m. Motion carried.
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Virginia, Section 2. l-344(a), (2). The Board went into executive session
IN RE:
RECESS
At 5:21, Supervisor Nickens moved to recess until 6:00 p.m.
Motion carried.
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IN RE:
RECONVENEMENT - EXECUTIVE SESSION
At 6:15 p.m. Supervisor Johnson moved to bring the Board back
into executive session to resume discussion of real estate and legal
matters pursuant to the Code of Virginia, Section 2. 1-344(a), (2) and (6),
motion carried.
IN RE:
RETURN TO OPEN SESSION
Following the executive session, Supervisor Myers moved to return
to open session at 7:01 p.m. Motion carried.
IN RE:
CALL TO ORDER
Chairman Burton called the regular meeting to order at 7:03 p.m.,
and welcomed everyone to the new Roanoke County Administration Center
where all future Board meetings would be held. Chairman Burton advised
those present that the Board had been meeting since 3:00 p.m. in work
sessions.
MEMBERS PRESENT FOR REGULAR SESSION:
Chairman Athena E. Burton and
Supervisors Harry C. Nickens, Robert E. Myers, May W. Johnson
and Gary J. Minter.
MEMBERS ABSENT: None
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IN RE:
INVOCATIO"/PLEDGE OF ALLEGIANCE
The Reverend Frederick E. Taylor offered the invocation and
the pledge of allegiance to the United States Flag was recited by all
present.
IN RE:
APPROVAL OF MINUTES
Supervisor Johnson moved that the minutes of the Supervisors'
September 7, 1982, meeting be approved as submitted. Her motion was
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carried by a unanimous voice vote.
IN RE:
ITEMS SUBMITTED FOR INFORMATION ONLY
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Supervisor Johnson moved that the following items be received
and filed with the minutes of this meeting. Her motion carried by a
unanimous voice vote.
(1) Copy of letter from Delegate G. Steven Agee to Edward L.
Janney and Robert D. Kester regarding traffic problems along View Avenue
and Poplar Drive. Mrs. Burton directed Mr. Flanders to send a letter to
the Virginia Department of Highways and Transportation in support of this.
(2) Order of the 23rd Judicial Circuit Court regarding removal
of the Commissioner of the Revenue1s Office from the City of Salem to the
new Roanoke County Administration Center in Roanoke County.
(3) Copy of letter from Friendship Manor to Supervisor Minter
regarding Cable TV Service. Supervisor Minter commented that he had
looked into this matter and found the system completed in the required
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period of tirle and that the system, although not in service, is capable
of being in service and the person in question is capable of having the
service if wanted.
IN RE:
PUBLIC HEARINGS
Chairman Burton stated that all publ ic hearings are being
scheduled for the second Tuesday of each month on a trial basis, and there
would be no publ ic hearings at this meeting.
IN RE:
BINGO PERHIT
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Glenvar Sports Foundation appl ied for a bingo and raffle permit
and to have the $25 fil ing fee refunded. No one was present as spokesman
for this appl ication; no one was present in opposition. Supervisor Hyers
moved the appl ication be approved and the $25 fil ing fee be refunded. The
motion was adopted by a unanimous voice vote.
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IN RE:
READ MOUNTAIN WATER COMPANY - Rate Increase
A notice from Read Mountain Water Company to the Board Chairman
regarding the company applying to the State Corporation Commission for
approval of a rate increase was received and filed on motion by Supervisor
Minter. Motion carried.
IN RE:
ROANOKE VALLEY CABLEVISION
On motion by Supervisor Minter, correspondence from Roanoke Valley
Cablevision to the County Administrator regarding service of certain
eastern areas of the County was received and filed. Motion carried.
USE OF COMMUNITY ROOM
A letter was presented from the President of Virginia Western
Community College asking that the Community Room at the new Roanoke County
IN RE:
Administration Center be reserved for their graduation exercises in August,
1983. Supervisor Nickens moved that in the absence of formal pol icy
pertaining to the Community Room, response to Mr. Downs, President of
Virginia Western Community College, be delayed until such a time as a
pol icy is established. The Board then directed Mr. Flanders to effect a
pol icy governing the use of the Community Room and adopted Supervisor
Nickens' motion by a unanimous voice vote.
IN RE:
GOVERNOR'S CLEAN VIRGINIA AWARD
Chairman Burton commended the community on attaining this award
and expressed her congratulations to the Clean Valley Committee. Mrs.
Burton directed the County Administrator to see that a letter of commendatio
was written on behalf of the County to the Clean Valley Committee.
IN RE:
REPORT OF COUNTY ATTORNEY
County Attorney James E. Buchholtz requested an executive session,
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pursuant to the Code of Virginia, Section 2. 1-344(a), (6) to discuss a
legal matter.
IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into executive session at 7:23 p.m.
Motion carried.
IN RE:
RETURN TO OPEN SESSION
At 7:35 p.m. on motion by Supervisor Myers, and carried by a
unanimous voice vote, the Board returned to open session.
IN RE:
REPORT OF COUNTY ADMINISTRATOR
County Administrator Flanders requested the report on proposals
received for recodification of the Roanoke County Code be delayed until
the November 9th meeting since he had not had an opportunity to complete
the review of proposals with County Attorney Buchholtz.
In regards to bids for the Courthouse construction project, Mr.
Flanders introduced Mr. Dan Bolt from VVKR, Incorporated, to present the
results of the bid opening. After reading from tabulation sheets distributee
to the Board, Mr. Bolt announced three low bidders as follows:
Creative Construction
$4,654,600 Base bid with Alternate #1
at $22,000, with alternate unit prices
A, B, C, & D
Heindl-Evans, Inc.
$4,654,000 Base bid with Alternate #1
at $23,500, with alternate unit prices
A, B, C
Branch & Associates, Inc.
$4,696,000 Base bid with Alternate #1
at $22,900, with alternate unit prices
A, B, C & D
Mr. Bolt explained that unit prices were additional costs involved
in (a) removing unsuitable earth per cubic yard; unit price (b) removing roc~
under the foundation; (c) footing rock escavation adjustment; and unit
price (d) is for the elevator jackhole, priced per 1 inear foot for removing
rock.
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Mr. Flanders recommended that with the parking situation as it
is at the Courthouse site and jail site, that the Board seriously consider
Alternate #1 in the selection of the contractor.
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Mr. Flanders also stated he had received two letters of protest
from Heindl-Evans, Incorporated and Construction Management, Incorporated
and a telegram from Romeo Guest Associates also protesting the acceptance
of the proposal delivered by Creative Construction at the bid opening on
October 28th, stating that the proposal was delivered after the designated
time for receipt of bids. Mr. Flanders commented that representatives from
Heindl-Evans were present and had requested to appear before the Board on
the matter.
Chairman Burton introduced Mr. John Goodwin from Heindl-Evans,
Inc. to speak on behalf of his company's protest.
Mr. Goodwin expressed that he had come to formally protest the
acceptance and opening of the bid of Creative Construction and to request
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that the Board of Supervisors reject this proposal on the basis of the
irregularities involved relative to Article 4 of the Instruction to Bidders.
A request from Ed Natt, attorney and local representative for
Heindl-Evans, Inc. to be heard was also granted by Chairman Burton. Mr.
Natt explained this was a situation concerning the bid procedure and not
the bid itself. After quoting from the Article of Bidding Procedure in
the bid specifications and the State Code, Mr. Natt concluded his statements
by saying there was a defect in the bid procedure, that the bid in question
was clocked in at 2:01 p.m., after the 2:00 p.m. deadl ine and also
recommended rejection of the bid. Mr. Buchholtz referred to the Code and
further commented that he did not feel that, considering the facts as he
understood them, the bid was late, since none of the other bids had been
opened at that time. Supervisor Myers moved that Creative Construction,
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with a base bid of $4,654,600 with the addition of Alternate #1, be
awarded the contract and the following resolution be adopted.
RESOLUTION NO. 3296 ACCEPTING A CERTAIN BID MADE TO THE
COUNTY OF ROANOKE FOR CONSTRUCTION OF THE ROANOKE COUNTY COURT
FACILITIES
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
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1. That that certain bid of Creative Construction in the amount of
$4,654,600.00, being the lowest and best bid received for construction
of the Roanoke County Court Faci1 ities, 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
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resolution, be, and the same hereby is, ACCEPTED; and
2. That the County Administrator is hereby authorized and directed
to enter into a contract upon a form approved by the County Attorney for
this construction; and
3. That all other bids for this construction are hereby rejected
and the County Clerk is directed to so notify such bidders and express
the County's appreciation for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
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IN RE:
COUNTY ADMINISTRATOR'S REPORT - Continued
Supervisor Minter moved that the Board authorize the expense for
completion of the Community Room area, but later withdrew his motion when
advised by Mr. Buchholtz, County Attorney, that unless it was an emergency
order, they should direct that a report and a resolution be prepared and
presented at the next regular meeting of the Board.
Mr. Flanders asked that the Board authorize the purchase of the
Lanier Recording System being tested at this meeting, to be used as the
permanent sound system for the Community Room. After some discussion
concerning the quoted price of the Lanier equipment and the prices from
the maximum amount allowable and would have to be submitted for bid.
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other companies, it was determined that the amount of the equipment exceeded
Supervisor Minter moved that bids be obtained immediately for the purchase
and installation of a permanent sound system for the RCAC and the motion
carried.
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Mr. Flanders then asked the Board to schedule a work session for
November 9, at 4:00 p.m. to discuss the Water/Sewer Rate Study so that the
proposed rates may be advertised for a publ ic hearing to be held on
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December 14, 1982. Chairman Burton then asked Mr. Buchholtz if the public
hearing could be advertised at a rate not to exceed a certain amount, since
time was of the essence, and Mr. Buchholtz repl ied in the affirmative. The
exact figures being unavailable at this time to determine a ceiling for
the rates, and after much discussion involving these rates being advertised
in time for a publ ic hearing, the Board directed, by motion of Supervisor
Minter, that the correct maximum rate be used in the advertisement of the
publ ic hearing and that the ad be worded "at a rate not to exceed $XX11 to
conclude the Water/Sewer Rate Study. The motion was adopted by a
unanimous voice vote.
Supervisor Johnson moved that beginning with the November 23, 1982
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meeting of the Board and until further notice, a work session will be held
at 3:00 p.m. on the day of each regular session of the Board in order to
resolve some of the items that need prompt attention.
Supervisor Johnson, after some discussion, moved to have a
resolution prepared by the next meeting of the Board, stating that when
health insurances are involved, that the County and companies involved
look at the entire package together; verify the coverage proposed, and have
it certified and acted upon. This resolution will cover only item #5 of the
Health Insurance Committee Recommendation Report at this point. However,
the other items of concern in this report will be discussed at future
work sessions. The motion was adopted by a unanimous voice vote.
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IN RE:
REPORT OF THE SUPERINTENDENT OF PUBLIC FACILITIES
Acceptance of sewer line deed for Penn Forest Boulevard from
Double ITI Associates. Supervisor Johnson moved to accept the deed from
Double IT1 Associates by the following prepared resolution:
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RESOLUTION NO. 3297 ACCEPTING THE DONATION OF SEWER LINES
LOCATED ON PENN FOREST BOULEVARD, AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE AND
PROVIDED BY LAW
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the offer of Double T Associates to donate the sewer 1 ines
located on Penn Forest Boulevard to the Board of Supervisors of Roanoke
County, be, and hereby is, accepted; and
2. That upon receipt of a duly executed deed upon a form approved
by the County Attorney from Double T Associates, the County Administrator
is hereby authorized to authenticate the acceptance thereof as made and
provided by Section 15.1-286 of the 1950 Code of Virginia, as amended.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
Supervisor Johnson moved that the resolution awarding the contract
for the Tanglewood Submain, Project 82-3-S be adopted.
RESOLUTION NO. 3298 ACCEPTING A CERTAIN PROPOSAL MADE TO THE
COUNTY OF ROANOKE FOR ENGINEERING SERVICES ASSOCIATED WITH THE
CONSTRUCTION OF PROJECT 82-3-S, TANGLEWOOD SUBMAIN
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a certain proposal of Mattern & Craig in the amount of
$2,300.00 for engineering services in connection with construction of
Project 82-3-S, Tanglewood Submain, be, and hereby is accepted; and
2. That the County Administrator is hereby authorized to enter
into a contract with Mattern & Craig, upon a form approved by the
County Attorney, for these engineering services.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Johnson, Nickens, Myers and Burton
NAYS:
None
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IN RE:
WESTWARD LAKE DAM - Reported by John Hubbard, Superintendent
Department of Publ ic Facil ities
The Impoundment Safety Technical Advisory Committee met to
discuss their on-site inspection of the dam, and information provided by
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the County Attorney regarding state laws and local ordinances on October
20 and 21 and proposed the following recommendations:
1. County Board of Supervisors notify the owner to hire a
competent engineer, 1 icensed in the Commonwealth of Virginia,
to inspect the dam and provide a proposed plan of action
to get rid of the existing hazards created by the Westward
Lake Dam, which are 1 isted in the Dam Report filed with
the minutes of this meeting.
2. Owner must notify the County (this committee) within 30 days
of his intentions to hire a professional engineer to prepare
this proposal. The engineer must submit his plan of action,
time and schedule of completion, and necessary plans and
specifications for review by the ISTAC Committee, and then
will a recommendation be made by them.
The question was raised by Supervisor Nickens and Chairman Burton
as to a deadl ine for the proposal to be sent in by the engineer to the
Committee. After some discussion relative to this, it was agreed that
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60 days for submission of the actual plan to the Committee for review
would be sufficient.
Chairman Burton asked if there was any imminent danger to 1 ife
and property now, in spite of corrective actions already taken, and Mr.
Hubbard's response was 'yes', although these actions have really helped
the situation. He explained that the dam was being monitored continuously,
and that the amount of time suggested to submit this proposal and make
corrections would be suitable. He also commented that should there be
no response, or should the owner not be in a position to take necessary
action, that the State would be in a position to proceed and have it
corrected. After further discussion, Supervisor Myers made a motion to
adopt the two recommendations made by the Committee with the one addition
to the last paragraph; that the engineer is to have the proposed plan of
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action completed and given to the Committee within 60 days and a letter is
to be sent to the owner relative to this matter from the County Administrato ,
advising him of these requirements. By a unanimous voice vote, the motion
was adopted.
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IN RE:
REPORT OF SUPERINTENDENT OF FISCAL MANAGEMENT
Mr. John Chambl iss, Jr., Superintendent of Fiscal Management,
introduced the report regarding the changing of the Interest Rate of
Roanoke County Code in accordance with Section 58-847 of the Code of
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Delinquent Taxes. He requested the Board amend Section 1906 of the
Virginia, which states that interest will be charged at a rate of 10 percent
per annum for the initial year of delinquency. For the second and
subsequent years of del inquency, interest will be imposed at the rate
establ ished pursuant to Section 6621 of the Internal Revenue Code of 1954,
as amended, that is, in effect on the anniversary date of the interest
commencement. Mr. Chamb1 iss also recommended that the County Attorney
draft the appropriate ordinance change for the pub1 ic hearing to be held
on December 14, 1982, to introduce this new interest rate structure and becorr
effective on January 1, 1984. Supervisor Minter moved that the County
Attorney prepare the appropriate ordinance change for a publ ic hearing to
be held on December 14, 1982, regarding this changing of the interest rate
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on del inquent taxes, and the motion was approved by unanimous voice vote.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR JOHNSON:
Mrs. Johnson suggested that County employees begin parking in the
east parking area, so that the spaces provided in front of the RCAC will be
availalbe for visiting citizens.
CHAIRMAN BURTON:
Mrs. Burton asked Mr. Chambl iss to determine the impact of the
el imination of shift differential pay in the Sheriff's Department and to
prepare a report for the December 7th meeting.
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IN RE:
RECESS OF BOARD OF SUPERVISORS MEETING -
RECONVENED AS THE FINANCE BOARD
Mr. Alfred C. Anderson, Treasurer of Roanoke County, was present
to discuss the future investment of County revenues. Mr. Anderson stated
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that the current interest rates of the County1s investments are dropping
and that he is seeking authority from the Board of Supervisors to investigat
additional means of investment, such as U. S. Treasury ObI igations, T-Bills,
or Federal Agency ObI igations and top-grade commercial paper. After
discussion regarding the different types of investments, including the
amount of money to be invested in commercial paper, Supervisor Minter made
a motion to give Mr. Anderson the authority to use other instruments for
investment purposes, including U. S. Treasury ObI igations, T-Bills or
Federal Agency Obligations, and top-grade commercial paper, not to exceed
10 percent of the investment package. A substitute motion was then made
by Supervisor Johnson, that Mr. Anderson be authorized to increase
investment options now in use by the County to include other federally
insured instruments, such as U. S. Treasury Obligations, Federal Agency
ObI igations, and T-Bills, but no commercial paper is to be involved.
A roll call vote approved the motion as follows:
AYES:
Supervisors Johnson, Nickens, Myers and Burton
NAYS:
Supervisor Minter
IN RE:
RETURN TO OPEN SESSION
The Board returned to open session at 9:41 p.m.
IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into Executive Session pursuant
to the Code of Virginia, Section 2.1-344 (a), (1), (2) and (6) to discuss
personnel, real estate and legal matters. Motion carried.
IN RE:
RETURN TO OPEN SESSION
Supervisor Minter moved to return to open session at 12:07 a.m.
Motion carried.
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IN RE:
ADJOURNMENT
Supervisor Minter moved to adjourn the meeting at 12:08 a.m.
Motion carried.
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CHAIRMAN
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