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HomeMy WebLinkAbout9/25/2001 - Regular September 25, 2001 541 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 25 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of September, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph “Butch” Church, Supervisors Bob L. Johnson, Joseph (Left at 8:00 p.m.) McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O’Donnell, Assistant County Administrator; Kathi B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by The Reverend Brian Clingenpeel, Villa Heights Baptist Church, and Chaplain, Fire and Rescue Department. The Pledge of Allegiance was recited by all present. September 25, 2001 542 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge advised that: (1) Item 1 was withdrawn to gather more information; (2) Item H-1 has been moved to the 7 p.m. session; and (3) Item S-1 has been withdrawn because the Department of Environmental Quality has chosen another locality’s landfill. Mr. Mahoney advised that (1) Item T-2 has been postponed at the request of the petitioner; and (2) Item E-4 should be a first reading of ordinance. Supervisor Nickens advised that Item F-1, first reading of Buck Mountain land rezoning has been delayed at request of the petitioner. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation declaring the week of September 30 - October 6, 2001 as Mental Illness Awareness Week in Roanoke County. The proclamation was accepted by June Poe, Everett Franklin, Charles D. Wohlford, and Shonna Allen, who are officers of the Roanoke Valley Chapter of the National Alliance for the Mentally Ill. September 25, 2001 543 2. Proclamation declaring October 2001 as United Against Hate Month in Roanoke County. The proclamation was accepted by Brenda Hale, member of the Hate Crimes Working Group under the direction of the U. S. Attorney’s Office. 3. Proclamation declaring October 2001 Crime Prevention Month in the County of Roanoke The proclamation was accepted by Police Officer Lee Linkous and Police Chief Ray Lavinder. 4. Proclamation declaring the month of October 2001 as National Arts and Humanities Month in Roanoke County; Presentation on the Roanoke Valley Cultural Master Plan; and adoption of resolution of support. (Susan Jennings, Executive Director, The Arts Council of the Blue Ridge) R-092501-1 Ms. Jennings presented the Master Plan for the Cultural Institutions of the September 25, 2001 544 Roanoke Valley which is designed to bring all the various cultural groups together to look at the overall impact of the arts in the Roanoke Valley, to improve opportunities for fund- raising, and address the issues of infrastructure and transportation, marketing, legislative, funding, and education and programming. She explained that this Valley- wide collaborative effort, which has been going on for almost a year, has included representatives of all the cultural arts organizations, local governments, economic development officials, businesses, and private individuals. It is also hoped that this process and plan will help enhance the awareness and show the impact and value the cultural institutions have on the community’s quality of life as well as economic development. Ms. Jennings requested that the Board adopt a resolution in support for the Master Plan for Cultural Institutions of the Roanoke Valley. Also present from the Steering Committee were Roger Ellmore, Explore Park; Kay Strickland, Virginia Museum of Transportation; and Wendi Schultz, Parks, Recreation and Tourism. Supervisor Nickens commended the Steering Committee for their work and persistence and felt they were making major steps in the right direction. Ms. Jennings accepted the proclamation with Wendy Schultz and Pete Haislip, director of Parks, Recreation and Tourism. Supervisor Church moved to adopt the resolution. The motion carried by the September 25, 2001 545 following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-1 IN SUPPORT OF THE “MASTER PLAN FOR THE CULTURAL INSTITUTIONS OF THE ROANOKE VALLEY.” WHEREAS, a steering committee comprised of representatives of the eighteenmajor cultural and 5 major economic development organizations in the RoanokeValley, representatives of the two Civic Centers, and representatives of the governments of the Cities of Salem and Roanoke and the County of Roanoke have worked diligently to develop a Master Plan for our cultural resources, and WHEREAS, the cultural assets of the region are an important economic, educational and quality of life resource, and WHEREAS, the Master Plan provides methods to work cooperatively to strengthen and enhance the region’s cultural institutions, and WHEREAS, the preservation of such cultural assets will assist Roanoke County and the region in achieving economic growth and educational excellence; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke that the County of Roanoke has an interest in the preservation and enhancement of the region’s cultural institutions and therefore endorses the Master Plan for the Cultural Institutions of the Roanoke Valley and supports the efforts of The Arts Council of the Blue Ridge and all the participating organizations to implement the Master Plan. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Proclamation declaring the month of October 2001 as National Disability Employment Awareness Month in Roanoke County and Request for appropriation of funds for the Annual Roanoke September 25, 2001 546 Valley Outstanding Employers of People with Disabilities Awards (Debbie Pitts, Assistant Director of Recreation) A-092501-2 The proclamation was accepted by Debbie Pitts, Assistant Director of Recreation and Christine Montgomery, representing the Mayor’s Committee for People with Disabilities. Ms. Pitts advised that the two committees are sponsoring an Annual Roanoke Valley Outstanding Employers of People with Disabilities Awards Reception. She requested $1,000 to help cover the cost of the awards program, and announced that Roanoke City Council has already agreed to provide $1,000. Supervisor Church moved to appropriate $1,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: BRIEFINGS 1. Briefing on fee transport billing process and public information. (Rick Burch, Chief of Fire & Rescue) Chief Burch reported that two years ago, the Fire and Rescue Department requested 40 additional personnel. Since then, they came up with a funding plan and 20 September 25, 2001 547 positions were approved. Phase II of this plan will include 15 more personnel. He advised that in June 2001, the Board approved moving forward with an ordinance that would set fees for ambulance service and adopted a resolution which established the fees. A brochure has been prepared and will be mailed the first week in October and RVTV has filmed a video to be shown beginning in October. In response to questions from the Board, Chief Burch advised that the brochure was prepared by Fire and Rescue staff, Ms. Scearce and Mr. O’Donnell and was mailed to 31,000 homes, and that the employee who volunteered to assist from Catawba Hospital is no longer employed there, but they would continue to seek a volunteer from the Hospital. There was concern expressed that an individual who was transported by ambulance would be required to pay any balance not covered by insurance, but the Board was assured that anyone who could not pay the bill would not be required to. IN RE: NEW BUSINESS 1. Request for funds to remove lead-base paint from the Catawba Community Center. (Debbie Pitts, Assistant Director of Recreation) This item was withdrawn to prepare better cost figures. September 25, 2001 548 2. Request for approval of the 2002 Holiday Schedule. (Joseph Sgroi, Human Resources Director) DEFERRED FROM SEPTEMBER 11, 2001 A-092501-3 Mr. Sgroi reported that in January 2001, the Board changed the holiday schedule in order to improve citizen access for conducting county business during minor holidays. The Board designated two minor holidays as floating holidays. This also provided employees with more flexibility and choice to schedule time off. Employees earn eight holiday hours for each of these two floating holidays when they occur. For the year 2001, Roanoke County will be closed on Christmas Eve rather than on the minor holiday of Columbus Day. The two remaining minor holidays are floating holidays which included President's Day, Monday, February 19, and Veteran's Day, Monday, November 12. On these minor holidays, the County offices will remain open. Mr. Sgroi presented two options for the 2002 holiday schedule: (1) instead of 2 floating holidays (Presidents’ Day and Veterans’ Day) like this year, designate 3 floating holidays to include Presidents’ Day, Veterans’ Day and Columbus Day; or (2) continue with Presidents’ Day and Veterans’ Day as the two floating holidays, and again like this year, designate Christmas Eve Tuesday, December 24, 2002 as a holiday rather than Columbus Day in October 2002. September 25, 2001 549 Supervisor Minnix moved to approve option #2 - continue with Presidents’ Day and Veterans’ Day as floating holidays and designate Christmas Eve as a holiday rather than Columbus Day. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 3. Request for transfer and appropriation of funds for Cresthill Phase II water line replacement project. (Gary Robertson, Utility Director) A-092501-4 Mr. Robertson advised that the Roanoke County Utility Department’s Capital Improvement Program provides annual funding for the repair and replacement of existing water lines throughout Roanoke County. Funding is used for the replacement of water lines that are past their useful life or inadequate to meet usage demands. Cresthill Phase I is funded in the present year’s budget and Cresthill Phase II will be funded in next year’s budget. He advised that plans have been prepared and competitive bids received for Cresthill Phase I. In order to tie Cresthill Phase I into the existing water system, three temporary connections must be made. These temporary connections shall be abandoned September 25, 2001 550 with the existing water system upon completion of Cresthill II. The cost to make these temporary connections is approximately $10,000. Construction of the entire system at once would eliminate this cost as well as minimizing the disruption to county water customers. Mr. Robertson explained that keeping this disruption to a minimum is of considerable value to the residents and the County as a whole. Cresthill Phase I is currently scheduled to begin construction in mid-October 2001 and expected to complete in mid-April 2002. The funds for Cresthill Phase I ($250,000) were included in the 2001- 2002 original budget appropriation. If approved, Cresthill Phase II is expected to begin construction in early February 2002 and to complete in early November 2002. Mr. Robertson requested that $525,000 be transferred from the Water Revenue Surplus Fund to the Water Repair and Replacement Fund in an account entitled Cresthill Phase II project. This will allow completion of work in the Cresthill neighborhood, minimize disturbance to residents and eliminate unnecessary temporary connections. Supervisor McNamara moved to transfer and appropriate the funds. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. First Reading of ordinance Amending the Intergovernmental September 25, 2001 551 Agreement for the establishment of a Joint Public Safety Radio System. (John Chambliss, Assistant Administrator) Mr. Chambliss advised that the City of Roanoke and the County of Roanoke entered into an agreement on December 17, 1997 concerning the establishment of a joint Public Safety Radio System. Since that time, the City of Roanoke has purchased and installed their share of the 800 Mhz. radio system and the County has installed the additional radio equipment at the various antenna sites to make this a regional radio communications system. The radio equipment of the Town of Vinton, the Roanoke Regional Airport, the Roanoke Valley Resource Authority, and the 800 Mhz. equipment on the Salem Fire apparatus allow us to enjoy the benefit of the technology and service. The changes requested to the contract add the following items: (1) Inclusion of the MOSCAD fire alerting equipment used by the City of Roanoke; (2) Expansion of the mobile data equipment for use by both localities; (3) Designation of the County as the contracting agent for maintenance agreements for the equipment and as insurer of the equipment (reimbursed by the City); and (4) Change in the designation of the named system manager by the City and the County. Mr. Chambliss explained that these changes to the contract continue our regional approach to radio communications systems and upgrades our capability to enter the realm of mobile data communications. Recently, the County has used four mobile data September 25, 2001 552 terminals operated by the City, and now plans to install the hardware necessary for the expanded use of this technology. Initially, these new terminals will be in Police vehicles, but the County could expand the coverage to Fire and Rescue, Inspections, Assessments, etc. as funds or grants become available. This technology reduces the errors of voice communications and offers a more secure dissemination of information to field personnel. Supervisor Johnson moved to approve the first reading and set the second reading for October 9, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for October 23, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. First reading of ordinance to amend the Roanoke County zoning ordinance, Section 30-21 (B) Enforcement Procedures upon the September 25, 2001 553 petition of the Roanoke County Planning Commission. IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance amending ordinance 021098-9 and 032498-7 which vacated and closed public rights-of way and released public property interests in and around Pinkard Court subdivision, to delete the condition in each ordinance that the specified properties be acquired in one common ownership (Lowe’s Inc.) And combined into one tract or parcel, and to otherwise ratify and approve each of said ordinances. (Vickie Huffman, Assistant County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 Mr. Mahoney explained that these ordinances originally included a condition that Lowe’s would acquire the identified properties and combine them into one tract of land within a four-month time period to insure that the properties would not be without public access and that the other public interests would not be released in the event that Lowe’s elected not to go forward with the project. Lowe’s did proceed and complete all of the necessary acquisitions and development of the property and the condition now is not necessary and serves no purpose. September 25, 2001 554 Supervisor Nickens moved to approve the first reading and set the second reading for October 9, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. First reading of ordinance authorizing the acquisition of flood- prone properties for preservation of floodplain land related to the Carvin Creek Hazard Mitigation Project located on Palm Valley Road in the Hollins Magisterial District. (George Simpson, Community Development Assistant Director Mr. Simpson reported that in 1997, the Roanoke Valley Regional Stormwater Management Plan identified the Sun Valley/Palm Valley area along Carvin Creek as having the highest concentration of flood prone homes in Roanoke County. FEMA grant funds were used to acquire Phase I properties and will also be used to purchase Phase II properties, resulting in the removal of thirteen homes from the floodplain. Mr. Simpson explained that the ten lots being purchased by this action border Phase II and are in the floodway/floodplain on Carvin Creek and highly susceptible to flooding. The purchase of these lots will prevent them from being developed similar to the September 25, 2001 555 “stilt house” that received some attention several years ago and will preserve the land for a greenway and open space along the creek. The ten lots have an assessed value of $80,800.00, and contain approximately 4.7 acres. The owner of the lots has agreed to sell them for $30,000.00 and payment of back taxes (approximately $7,000.00). He requested that the Board authorize the County Administrator to execute the necessary documents to acquire the lots with funds coming from the Drainage/Flood Control Bond Account. Supervisor Johnson moved to approve the first reading and set the second reading for October 9, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance to enter into a cooperative agreement between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station. (Elmer C. Hodge, County Administrator) This item was heard during the 7:00 p.m. evening session. 2. Second reading of ordinance amending notice requirement of September 25, 2001 556 enforcement procedures for Section 12-125 “Removal of inoperative motor vehicles, etc.,” Section 13-14. “Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof.” (Paul Mahoney, County Attorney) DEFERRED FROM SEPTEMBER 11, 2001 O-092501-5 Mr. Mahoney advised that this proposed ordinance reduces the time period for compliance by the property owner after notification by County enforcement personnel from 15 days for inoperative motor vehicle violations and 14 days for weeds and trash violations to ten days. He explained that the zoning ordinance portion of this change will have to be heard by the Planning Commission before coming to the Board of Supervisors. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 092501-5 AMENDING NOTICE REQUIREMENTS OF ENFORCEMENT PROCEDURES FOR SECTION 12-125. “REMOVAL OF INOPERATIVE MOTOR VEHICLES, ETC.,” AND SECTION 13-14. “UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF” BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: September 25, 2001 557 1. That Section 12-125. “Removal of inoperative motor vehicles, etc.” of Chapter 12. “Motor Vehicles and Traffic” be amended to read and provide as follows: * * * * Sec. 12-125. Removal of inoperative motor vehicles, etc. (a) The owner of the property on which there is an inoperative motor vehicle, trailer, or semitrailer that is not fully enclosed or completely shielded shall remove the vehicle or comply with the screening or enclosure requirement of this article within fifteen (15) ten (10) days after being notified by the zoning administrator. (b) Whenever the property owner fails to comply with this article within the fifteen (15) ten (10) -day period of this notice, the chief of police or zoning administrator may remove the inoperative motor vehicle, trailer or semitrailer from the property to the impound lot of the authorized towing service. (c) Whenever the chief of police or zoning administrator removes an inoperative motor vehicle, trailer, or semitrailer from a property, such vehicle may be disposed of after giving an additional fifteen (15) days notice to the last known owner of the vehicle. * * * * 2. That Section 13-14. “Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof” of Chapter 13. “Offenses-Miscellaneous” be amended to read and provide as follows: Sec. 13-14. Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof. * * * * (d) In addition to any applicable criminal sanctions provided in this code, whenever the enforcement agent determines that a public nuisance exists upon any parcel, he shall notify the record owner of such parcel of such fact by certified mail at the owner’s last know address, as shown by any source available to the agent, and such notice shall constitute, for purposes of this section, due legal notice as made and provided by law. The notice herein required shall direct that the public nuisance be abated within fourteen (14) ten (10) days following the mailing. In case the owner’s address is unknown or cannot be found, the enforcement agent shall post the notice herein required at a conspicuous place on the parcel on which the public nuisance exists and the posting shall constitute, for purposes of this section, legal notices as made and provided by law. * * * * (h) No more frequently than twice a year, the enforcement agent shall hold hearings at the Roanoke County Administration Center for the purpose of hearing September 25, 2001 558 objections to and comments upon reports and proposed assessments under this section, of correcting any mistakes or inaccuracies in the reports and of confirming the same. (i) Not less than fourteen (14) days prior to a hearing provided for in subsection (h) above, such reports and assessment lists shall be posted at the front door of the County Administration Center with a notice of the time and place the enforcement agent will conduct the hearing on the reports and assessment lists, and the enforcement agent shall send by certified mail to each owner, at his address as determined from county records, a notice of the time, place and subject matter of the hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide that, upon the confirmation by the enforcement agent of the reports of abatement costs and service charges the same shall constitute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and bear interest at the rate of ten (10) percent. There shall be included with the notice a statement to the owner of the abatement cost, service charge and accrued interest. (j) At the hearing provided for in subsection (h) above, the enforcement agent shall hear any objections which may be raised by any owner liable to be assessed and may confirm, modify or reject the reports and assessment lists as he may deem appropriate and send those confirmed to the director of finance and the treasurer for collection of the respective special assessment. (k) With respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the enforcement agent shall cause a notice of the lien of the special assessment prepared by the county attorney to be recorded in the clerk's office of the circuit court of the county. The county attorney may take appropriate steps, including a personal or in rem suit or action, in the appropriate court to enforce the lien to satisfy the special assessment. * * * * 4. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS September 25, 2001 559 1. Social Services Advisory Board Supervisor Minnix nominated Mary Jane Patisall to a four year term expiring August 1, 2005 and asked that the appointment be confirmed on the Consent Agenda. IN RE: CONSENT AGENDA R-092501-6; R-092501-6.d; R-092501-6.e; R-092501-6.j Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501- 6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 25, 2001, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 12, inclusive, as follows: 1. Request from Schools to accept and appropriate $3,271.95 Department of Education Grant for teacher certification training. 2. Confirmation of committee appointments to the Metropolitan Planning Organization Community Advisory Committee and the Social Services Advisory Board. 3. Request for acceptance and appropriation of Blue Ridge Behavioral September 25, 2001 560 Healthcare Purchase Contracts. 4. Request from National Association of Counties (NACO) for adoption of resolutions concerning the September 11, 2001 terrorists attacks. (a) Resolution condemning terrorism and supporting the President of the United States in his efforts to defend the Country against terrorism. (b) Resolution encouraging citizens to be vigilant and not vigilantes. 5. Acceptance of donation of two variable width water and sanitary sewer easements from Springwood Associates LLC for Springwood Park in the Cave Spring Magisterial District. 6. Request to accept and appropriate monies from Virginia Juvenile Community Crime Control Act (VJCCCA) for fiscal year 2001-2002. 7. Request from Schools to appropriate $500 from the Roanoke County Education Foundation for Substance Abuse Program team training. 8. Request from Schools to appropriate $11,310 grant from the Governor’s Office for Substance Abuse Prevention to complete a Comprehensive Youth Violence and Substance Abuse Prevention Community Needs Assessment and Action Plan for Roanoke County. 9. Acceptance of Glen Rock Lane and the remaining portion of Cedarmeade Drive into the Virginia Department of Transportation Secondary System. 10. Acceptance of a donation of a variable width sanitary sewer easement from Joe R. Blackstock and a sanitary sewer easement and 10 foot drainage easement from Ravi M. Anantaraman and Hutoxi Hathi, located in the Cave Spring Magisterial District. 11. Acceptance and appropriation of Section 18 grant funds on behalf of Unified Human Services Transportation System. September 25, 2001 561 12. Acceptance and appropriation of the Juvenile Accountability Incentive Block Grant. 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 to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-6.d CONDEMNING TERRORISM AND SUPPORTING THE PRESIDENT OF THE UNITED STATES IN HIS EFFORTS TO DEFEND THE COUNTRY AGAINST TERRORISM WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists, and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, a third into the Pentagon outside Washington, DC, and the fourth in Southwest Pennsylvania; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders, and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve, and WHEREAS, these horrific events have affected all Americans. It is important that we carry on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their counties to stand tall and proud. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors condemns the cowardly and deadly actions of these terrorists, and (2) That the Board of Supervisors supports the President of the United States, as he works with his national security team to defend against additional attacks, and find the perpetrators to bring them to justice, and (3) That the Board of Supervisors recommends its citizens to support relief efforts by giving blood at the nearest available blood donation center now and in the future; and (4) That the Board of Supervisors extends its deepest sympathy to all of the September 25, 2001 562 victims of this tragedy, their families and friends and to all the citizens of the United States. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-6.e ENCOURAGING CITIZENS TO BE VIGILANT AND NOT VIGILANTES WHEREAS, America continues to mourn the incomprehensible loss that the nation suffered on September 11, 2001, but we must be sure not to let our anger, fear and sorrow surface as violence; and WHEREAS, America as a nation must strive to provide a safe and welcoming environment for all of its citizen, including the millions of Arab and Muslim Americans who are part of America's national community; and WHEREAS, citizens must show patriotism and compassion by accepting all fellow Americans, and as a nation stand together, united against terrorism; and WHEREAS, counties, keeping with the long held tradition of caring for America, must continue to pray for the victims, provide aid and compassion to the survivors, the families of the victims, the brave relief workers, their families and all who have been touched by this tragedy, while always remaining cognizant of the terrible toll terrorism has taken on our society; and NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: (1) That the Board of Supervisors ardently condemns cowardly and pointless acts of hate crimes, and; (2) That the Board of Supervisors encourages citizens to be vigilant in their efforts to help and heal, but not vigilantes; and (3) That the Board of Supervisors condemns all acts of lawlessness and supports the President of the United States, as he works with his national security team to defend the United States of America against terrorism and that while. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-6.j REQUESTING ACCEPTANCE OF GLEN ROCK LANE AND THE REMAINING PORTION OF CEDARMEADE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM September 25, 2001 563 WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Nickens Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve September 25, 2001 564 5. Accounts Paid - August 2001 6. Statements of the Treasurer’s Accountability per Investment and Portfolio Policy as of: (a) July 31, 2001 (b) August 31, 2001 Supervisor Johnson asked when the final audit would be available. Mr. Hodge advised it should be ready by the second or third week in October. Supervisor Johnson asked for a report on revenues and sales tax. Supervisor Minnix suggested that the County begin to look at cost savings. IN RE: CLOSED MEETING At 4:55 p.m., Supervisor Minnix moved to go into Closed Meeting following the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by the County Attorney, namely, negotiation of an agreement with the Town of Vinton regarding the McDonald Farm development and actual litigation, namely AMT, Inc. vs. County of Roanoke and 2.1-344 A (3) consideration of the acquisition of real property for public purposes; 2.1-344 A (3) consideration of the sale of real estate, Salem Office Supply. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: WORK SESSION September 25, 2001 565 1. Discussion of proposed Interstate 73 corridor. (Arnold Covey, Community Development Director) DEFERRED FROM SEPTEMBER 11, 2001 The work session was held from 4:55 p.m. until 5: 30 p.m. Mr. Hector Wiltshire presented comments concerning the southeast corridor which is the chosen route for the proposed Interstate 73. He noted that several states have decided not to build I-73, and West Virginia has decided to upgrade existing roads. He advised that some of his opposition to the chosen route for I-73 was: (1) High terrain passage should be avoided; (2) Mountain construction costs are uncertain; (3) Potential environment damage; (4) The additional $220 million cost of the propose route through southeast; (5) Discrimination of residents in Southeast Roanoke City and Roanoke County; (6) VDOT and CTB have chosen to ignore the advice of other agencies; (7) They have also ignored the wishes of Roanoke City and Roanoke County; and (8) Unsafe conditions on Route 220 would continue because of the length of time to build I-73. Mr. Wiltshire requested that the Board adopt a resolution opposing the VDOT/CTB choice of route for I-73 through Southeast Roanoke and a reiteration of the Board’s earlier resolutions preferring the 581/220 corridor. Ms. Joyce Waugh representing the Regional Chamber of Commerce, reminded the Board that improvements to Route 220 will increase capacity and add additional lanes. September 25, 2001 566 Supervisor Nickens advised that the Board has gone on record as opposing only the western corridor. He requested that the Board reiterate their position and specifically oppose the route through Southeast Roanoke City and County. Supervisor Johnson indicated he would support Supervisor Nickens’ request. Supervisor Minnix noted that if he supports this resolution, the other route would impact residents in the Clearbrook area. His previous support was based on the fact that a highway (Route 220) already existed in that area. Supervisor McNamara suggested copying the previous resolutions and correspondence associated with them to include in the next agenda packet. Supervisor Church noted his position is similar to Supervisor Minnix’s because the Board opposed the western route through his district. Supervisor Nickens responded that the Board has already gone on record opposing the western corridor and he is requesting a similar request to oppose the eastern corridor. Supervisor McNamara indicated he could support this resolution if the Board states its support for I-73 and the central corridor. Staff was directed to bring back a resolution on October 9, 2001. supporting the construction of Interstate 73 but opposing any route other than the I-581/Route 220 central corridor. 2. Update on Citizen Inquiry System and other technology initiatives. (Mary Allen, Clerk to the Board, Anne Marie Green, General Services Director) DEFERRED FROM SEPTEMBER 11, 2001 September 25, 2001 567 The work session was held from 5:30 p.m. until 5:45 p.m. Ms. Allen reported that the software for the Citizen Inquiry System will be installed by the end of October and that a Steering Committee has been formed that will work with the vendor managing the system application, setting policies and procedures for the system and managing the pilot program. Another team comprised of the actual users will be established to assist the Steering Committee. Start-up of the program is tentatively scheduled for January 2002. Elaine Carver, Information Technology Director, advised that computers and fax/copiers are being ordered for each of the Board members for their use either in their office or at home, and the Citizen Inquiry System will be loaded on these computers. The Board members were asked to let Mary Allen or Elaine Carver know whether they would prefer a laptop or desktop computer. IN RE: CLOSED MEETING The Closed Meeting was held from 6 :00 p.m. until 6:30 p.m. IN RE: CERTIFICATION RESOLUTION R-092501-7 At 7:00 p.m., Supervisor Minnix moved to return to open session and adopt the Certification Resolution and announced that acquisition of real property for public purposes was not discussed. The motion carried by the following recorded vote: September 25, 2001 568 AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance to enter into a cooperative agreement between Roanoke City and Roanoke County for Fire and Rescue Service at the Clearbrook Fire Station. (Elmer C. Hodge, County Administrator) O-092501-8 September 25, 2001 569 Mr. Hodge reported that this was the second reading of an ordinance to enter into an agreement with Roanoke City for joint staffing of the Clearbrook station. First reading was held on September 11 and Roanoke City approved this at their meeting on September 4. He advised that Chief Grigsby of Roanoke City and Chiefs Amos and Bibb were present. He explained that the contract is similar to the contract with Read Mountain. The agreement will take affect on January 1, 2002. For the first six months, staff will gather statistics on which locality will have the most fire and emergency calls and will adjust staffing and allocation of costs annually. He noted that the Transition Team has been successful in working through the various issues. The following citizens spoke on this issue: 1. Watson Simmons, 5605 Franklin Road, a member of the Clearbrook Fire Department, advising that the Transition Team has resolved some of the difference, that the volunteers should be treated equally and should have a comparable truck, and that a stoplight at Indian Grave and Route 220 is badly needed. 2. Garland Overfelt, 7364 Shadow Hollow Lane, believed that the issues can be worked out but did not feel that the building should be funded by Roanoke County. 3. Michael Wray, 5650 Yellow Mountain Road, President of the Clearbrook Civic League, felt that regionalism should not compromise services, and that several issues will need to be addressed by the Transition Team such as rules and capital expenses, and that the stoplight at Indian Grave Road is needed. September 25, 2001 570 4. Randy Kingery, 6506 Crowells Gap Road, advised his only concern was that he did not want the volunteers eliminated. 5. Beth Doughty, Roanoke Regional Chamber of Commerce, presented a letter of support for the cooperative efforts in public safety between the City and County. Supervisor Johnson asked about the status of the stoplight at Indian Grave Road and Route 220. Mr. Hodge responded that they have proposals from engineering and are going through the evaluation process; it will take 90 days for architects and engineers to create the design; they will then determine a funding source and it will take one year to manufacture and place the stoplight. Supervisors Johnson and Minnix suggested meeting with VDOT to expedite the process. Supervisor McNamara noted it was a calculated risk but the potential return was so great he would support the contract. Supervisor Church applauded Chiefs Burch and Grigsby and the Transition Team for their hard work. Supervisor Nickens asked staff to work with VDOT to expedite the stoplight and report back at the second meeting in October. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 092501-8 APPROVING A FIRE AND EMERGENCY MEDICAL AGREEMENT WITH THE CITY OF ROANOKE TO STAFF THE CLEARBROOK STATION September 25, 2001 571 WHEREAS, §§27-2 and 27-23.9, Code of Virginia (1950), as amended, authorizes local governments to cooperate in the furnishing of fire and emergency medical response and related rescue issues, and §15.2-1300, Code of Virginia, authorizes agreements for the joint exercise of powers by political subdivisions of the Commonwealth. WHEREAS, the City and the County have determined that cooperatively and jointly staffing the station located at Clearbrook in Roanoke County to provide fire and emergency medical response and related rescue services across city and county jurisdictional lines will improve such service in the areas that can be served by such station. WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an Agreement concerning the joint staffing of the Clearbrook Station with regards to fire and emergency medical response and related rescue services. WHEREAS, the first reading of this ordinance was held on September 11, 2001, and the second reading was held on September 25, 2001. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby approves the Fire and Emergency Medical Agreement to staff the Roanoke County Clearbrook Station in substantially the form as attached to this ordinance, and authorizes the County Administrator, or his designee, to execute this Agreement on behalf of Roanoke County, upon form approved by the County Attorney. 2. That pursuant to this Agreement the County and the City will assign full-time career positions to staff this facility and the equipment located therein, and, that the County will routinely respond with fire and emergency medical equipment and personnel for the City from the Clearbrook Station into the 220 South/Southern Hills area. The specific boundaries are to be determined and mutually agreed upon by the respective Fire Chiefs. 3. That the City and the County agree to develop and adopt operational, communication, dispatch, safety and medical protocols that meet professional standards. All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the City and the County. 4. That the services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the County and its fire/emergency medical services and resource personnel within its boundaries shall extend to its participation in this Agreement. 5. That this Ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None September 25, 2001 572 IN RE: PUBLIC HEARINGS 1. Public hearing on the issuance of general obligation school bonds to be sold to the Virginia Public School Authority for $13,745,000 to finance capital projects for Hidden Valley High School and Glenvar Middle School and adoption of a resolution. (Diane Hyatt, Chief Financial Officer) R-092501-9 Ms. Hyatt reported that the amounts scheduled to be borrowed through the State Literary Loan program are $7,500,000 for Hidden Valley High School and $6,245,000 for Glenvar Middle School for a total of $13,745,000. Staff has submitted the required application and resolutions to participate in the Fall 2001 VPSA Subsidy bond sale. As part of this application process a public hearing must be held and a specific resolution as to the form of the bonds must be adopted by the Board. Supervisor McNamara noted there was no prepayment allowed. Ms. Hyatt responded that was because the entire amount is borrowed for the entire state. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 092501-9 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,745,000 GENERAL OBLIGATION SCHOOL BONDS OF THE September 25, 2001 573 COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in September of 2000 and January of 2001, the Commonwealth of Virginia Board of Education (the "Board of Education") placed applications (the "Applications") of the School Board of the County of Roanoke, Virginia (the "School Board") for loans in the aggregate amount of $14,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for financing the South County High School and Glenvar Middle School projects (the "Projects") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one year of placement of each Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of such Application and the approval, by the Board of Education, of such Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Projects progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow $13,745,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. September 25, 2001 574 WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code") on September 25, 2001 on the issuance of school bonds in the maximum amount of $13,745,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, THAT: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $13,745,000 (the "Bonds") for the purpose of financing the Projects. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 98% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in such form as may be approved by the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2001B"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2002, at the rates established in accordance with paragraph 5 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 5 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6 1/2%) per annum. September 25, 2001 575 The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Date and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph two and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 9 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Sun trust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 1. No Prepayment or Redemption. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owners of the Bonds. 2. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The signatures of such officers and the manner of affixing the seal on the Bonds may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 3. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as September 25, 2001 576 the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 4. Use of Proceeds Certificate; Non-Arbitrage Certificate. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 5. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. September 25, 2001 577 6. Continuing Disclosure Agreement. The County Administrator and Chief Financial Officer, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be MOP (as defined in the Continuing Disclosure Agreement). 7. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County of Roanoke, Virginia. 8. Further Actions. The County Administrator, Chief Financial Officer, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or Chief Financial Officer may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 9. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 25, 2001, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions WITNESS MY HAND and the seal of the Board of Supervisors of the County th of Roanoke, Virginia, this 25 day of September, 2001. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None September 25, 2001 578 2. Public Hearing and request to adopt a resolution authorizing approval for the Roanoke Valley Resource Authority to provide emergency assistance by disposing of asbestos resulting from the September 11 terrorist attack on the Pentagon. (Elmer Hodge, County Administrator) This item was withdrawn because the Department of Environmental Quality does not need to use the Smith Gap Landfill. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District, upon the petition of Windsor House. (Janet Scheid, Senior Planner) Ms. Scheid reported that Windsor House is requesting a rezoning from R-1 to C-1 conditional for a proposed parking area to serve only the medical office on the adjoining C-2 zoned parcel. The access to the parking area would be from an existing entrance on Pinevale Road. At the Planning Commission meeting, there was discussion with staff related to the types of required screening and buffering between this proposed commercial use and adjoining residential area. The Planning Commission recommended September 25, 2001 579 approval with four proffered conditions: (1) That the subject property will be used solely for parking purposes in conjunction with the medical office use on Tax Parcel 77.09-04-36; (2) That the parking plan will be in substantial conformity with the site plan identified as Option #2 and dated August 14, 2001, using the entrance as approved by VDOT in the existing location; (3) A proper application, in a reasonable period of time, will be submitted to the BZA to reduce the number of parking spaces required by the Roanoke County Ordinance; and (4) Substantial buffering will be added to the lot that will be discussed with the neighbors. Supervisor Johnson noted there were four conditions on the staff report but the Board received a memo from Mr. Mahoney that conditions (3) and (4) were not enforceable. Ms. Scheid responded that she agreed with Mr. Mahoney, but the Planning Commission supported these conditions. She explained that the expansion to more than 8,000 square feet will require 41 spaces to meet the zoning ordinance requirements. Supervisor Minnix responded that he would not support the petition with the conditions dropped without the Planning Commission’s agreement. Ed Natt, attorney for the petitioner, advised that the petitioner had agreed to the four conditions but when Mr. Mahoney advised that the last two were invalid, he didn’t include them. He also advised he did not agree with Mr. Mahoney and that Dr. Silverblatt is willing to meet with the neighbors to discuss screening and buffering. He has a July 2002 deadline to have an operating room or he will lose his license. He further reported September 25, 2001 580 that the plan is in substantial conformity with the Community Plan and that Dr. Silverblatt is willing to go to the Board of Zoning Appeals to reduce the number of parking spaces. Dr. Silverblatt was present and advised that he now has two part-time employees that he would like to have full-time so that they can be of assistance when he needs them. He advised he has owned the property since 1985, and that 1,000 square feet of the additional space will be finished. Mr. Natt presented photos showing the view of the proposed parking lot from various homes in the neighborhood. The following citizens spoke in opposition because of increased traffic, decreased property values, changes to the character of their residential neighborhood and removal of existing trees. 1. Barbara S. Green, 3234 Oakdale Road, SW 2. Karen Ratcliff, 3536 Pinevale Road 3. Marion M. Myers, 3516 Pinevale Road 4. Ray Cooper, 3234 Oakdale Road 5. Steve Smith, 3223 Lawndale Road 6. J. Weldon Myers, 4516 Pinevale Road 7. Joan Bugbee, 3529 Pinevale Road, who also presented a petition opposed to the rezoning. 8. Patricia Meador, 3245 Oakdale Road 9. Nancy Wingfield, 3522 Pinevale Road 10 Christy Wray, no address given September 25, 2001 581 Shirley Niday, 6482 Lee Highway, Troutville spoke in support of the request because of reconstructive surgery she had following breast cancer. Mr. Natt responded that Dr. Silverblatt would like to come up with a plan that will keep the parking lot attractive, and it would look less attractive if he removed the trees in the front to place the parking lot there. The Board members expressed several concerns including the fact that the Planning Commission recommended conditions that could not be enforced, that the rights of the Dr. Silverblatt and the neighborhood need to be balanced, and that the petitioner might look at a compromise to decrease the square footage which would reduce the number of parking spots required. Mr. Mahoney noted that if the request is denied, the petitioner can not come back for 12 months. Supervisor Johnson suggested referring the request back to the Planning Commission to reduce the parking density and increase the screening and buffering. Supervisor McNamara moved to refer the petition back to the Planning Commission for further study and review. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Minnix NAYS: None left the meeting at 8:00 p.m.) ABSENT: Supervisor Nickens ( September 25, 2001 582 2. Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. (Janet Scheid, Senior Planner) This item was continued to October 23, 2001 at the request of the petitioner. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church announced that he attended the Rescue Mission in downtown Roanoke a few days ago and thanked the Mission for being so compassionate and offering assistance to so many. Supervisor Johnson: (1) He asked Mr. Hodge to assist a citizen who purchased property that had been rezoned from Residential to Industrial as part of a large County rezoning. The citizen is now selling his house and the purchaser cannot receive a mortgage because of the zoning classification. Mr. Hodge advised there were three homes on Country Farm Road and the request has to go back through the Planning Commission to be rezoned. He recommended that the County make the rezoning request and cover any costs. (2) He advised that he attended the groundbreaking ceremony for the new FAA tower at the Roanoke Regional Airport with Supervisor Minnix. Supervisor Minnix: (1) He also advised that he attended the groundbreaking ceremony and noted that both he and Supervisor Johnson are former members of the September 25, 2001 583 Roanoke Regional Airport Commission. (2) He also attended the Rescue Mission with Supervisor Church and toured the facility. He suggested that citizens volunteer their time to this cause, especially on holidays. He advised they served 175,000 meals last year at a cost of 9 cents per plate. IN RE: ADJOURNMENT Supervisor Minnix adjourned the meeting at 9:45 p.m. September 25, 2001 584 Submitted by, Approved by, __________________ ________________ Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman