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HomeMy WebLinkAbout6/22/1999 - Regular '" June 22,1999 419 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 22,1999 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 June, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix (Arrived 4:30 p.m. and at 7:45 p.m. requested that Deputy Clerk record his votes as "Aye" on all afternoon session items) MEMBERS ABSENT: Supervisor Joseph McNamara STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Mr. Gardner W. Smith, Director of the Procurement Department. The Pledge of Allegiance was recited by all present. 420 June 22,1999 IN RE:: ReQUeSTS TO POSTPONE, ADD TO, UK I.,;HANül: I HE ORDER OF AGENDA ITEMS Supervisor Nickens requested that item 8 on Reports be moved to the Consent Agenda as Item 8 so that the Board can approve the naming of the Lynn Saunders Softball Field in Shell Park. E. NEW BUSINESS 1, Reauest from Sheriff for aDDroDriation of funds for emeraencv funded corrections deDutv Dositions and increase Classification Plan bv 8. (Sheriff Gerald Holt) (CONTINUED FROM JUNE 8. 1999) A-062299-1 Mr. Hodge advised that in accordance with the Board's direction at the June 8, 1999 meeting, he and Sheriff Holt have reworked the allocation and all eight positions being funded are now for corrections deputy positions. This allocation represents continuation of the four currently funded positions and funds for four additional positions. In response to Supervisor Nickens' inquiry, Sheriff Holt reported that the General Assembly appropriated a 13.7% increase on the state pay scale for all deputies to become effective on December 1, 1999, but funds for this increase are being appropriated to the General Fund and not to individuals. Supervisor Nickens stated that on average the employees are receiving 3.54% increases. ~ June 22,1999 421 - Supervisor Nickens moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 2. Reauest to aDDroDriate surDlus state revenues to cover Jail oDerations due to inmate DODulation for FY 1998-99. (Brent Robertson. BudQet Manaaer\ A-062299-2 Budget Analyst Steve Kleiber advised that during 1998-99, the inmate population at the Roanoke County Jail remained above capacity and that a year-end deficit of $67,100 is projected for the Sheriff's Office. Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for housing state prisoners, but many factors, such as the state prisoner populations, general assembly appropriations and political factors make it hard to determine revenue projections. Based on the conservative revenue estimates versus the projected revenues anticipated to be collected from the state for the Sheriff's Departmentfor FY98-99, revenues in excess ofbudgetforthese categories should total approximately $250,000. The Board has previously appropriated $78,000 of these additional funds for the elevator repairs within the jail facility. He asked that the Board approve the additional of $67,100 of state revenue for personnel and operations reimbursement and increase the Sheriff's Department budget by $67,100. 422 June 22, 1999 ~ On motion of Supervisor Nickens to adopt the staff recommendation, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for July 27, 1999. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Minnix, Harrison, Nickens, Johnson None Supervisor McNamara 1, First readina of ordinance to obtain a SDecial Use Permit for a life care facilitv. located at the intersection of Hershberaer and Forest Roads. Hollins Maaisterial District. UDon the Detition of FriendshiD Manor. Inc. In response to Supervisor Johnson, Mr. Mahoney advised that Friendship Manor is asking to bring their existing use into conformance with the Zoning Ordinance. Supervisor Nickens asked that since the petitioner has indicated that this action is to bring them into conformance with the plat dated May 7, 1999, he would like to see what the ~. June 22, 1999 423 changes have been between what was approved prior to May 7, 1999 and what is being proposed with the May 7, 1999 plat. 2. First readina of ordinance to obtain a SDecial Use Permit to oDerate eauiDment sales and rental facilitv. located at 5264 West Main Street. Catawba Maaisterial District. UDon the Detition of Harold and Shirlev Horn. IN RE: FIRST READING OF ORDINANCES 1, First readina of ordinance authorizina auit-claim and release of a sanitary sewer easement within the boundaries of Cortland Road. recorded in Plat book 18. Paae 91. "The Orchards". Section No.5. "Botetourt South". Hollins Maaisterial District. (Arnold Covey. Director of Community DeveloDment) Mr. Covey advised that this is a housekeeping item that needs to be brought forward in order for this portion of Cortland Road to be accepted into the State Secondary Road System. The County has a sanitary sewer easement presently located within that right of way, and the Virginia Department of Transportation requires that the right-of-way be free and clear of any third party rights or encumbrances. If the State ever releases that road from state maintenance, then the easement would once again be in effect. He advised that staff has no objection to the release of this easement and he requested that the Board move forward with approval. Supervisor Johnson moved to approve the first reading and set the second 424 June 22,1999 :- ~ reading for July 13, 1999. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: APPOINTMENTS 1. Highway and Transportation Safety Commission Supervisors Nickens nominated Jeffrey Echols, Virginia Department of Transportation; Lt. Stephen Turner; and David Maxey, youth representative, to serve four year terms which will expire June 30, 2003. IN RE: CONSENT AGENDA R-062299-3 Supervisor Johnson moved to adopt the Consent Resolution with Item 8 added and correction to the June 7, 1999 minutes as requested by Supervisor Harrison. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 062299-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: -...., June 22,1999 425 - 1. That the certain section ofthe agenda ofthe Board of Supervisors for June 22, 1999 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 8, inclusive, as follows: 1. Approval of Minutes - May 27, 1999 and June 7, 1999. Confirmation of committee appointment to Parks & Recreation Advisory Commission 3. Designation of voting delegate to National Association of Counties Conference. 4. Requesting acceptance of a portion of Orchard Park Drive into the Virginia Department of Transportation Secondary System. 5. Requesting acceptance of a portion of Huntridge Road into the Virginia Department of Transportation Secondary System. 6. Requesting acceptance of a portion of Cortland Road into the Virginia Department of Transportation Secondary System. 7. Request to increase number of employees for Department of Social Services by one and appropriate revenue from State Department of Social Services. 8. Approval of proclamation naming the softball field at Shell Park in honor of Lynn Saunders. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with Item 8 added, and Supervisor Harrison's correction to June 7, 1999 minutes, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 062299-3.c REQUESTING ACCEPTANCE OF A PORTION OF ORCHARD PARK DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 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 ofTransportation 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 ofTransportation to add the streets described on the attached Additions Form 426 June 22,1999 - 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: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Required SUDervisors Minnix. Harrison. Nickens. Johnson None SUDervisor McNamara RESOLUTION 062299-3.d REQUESTING ACCEPTANCE OF A PORTION OF HUNTRIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 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 ofTransportation 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: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Required SUDervisors Minnix. Harrison. Nickens. Johnson None SUDervisor McNamara RESOLUTION 062299-3.e REQUESTING ACCEPTANCE OF A PORTION June 22, 1999 427 - OF CORTLAND ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM 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: Seconded By: Yeas: Nays: Absent: SUDervisor Johnson None Reauired SUDervisors Minnix. Harrison. Nickens. Johnson None SUDervisor McNamara IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports without Item 8. The motion carried by a unanimous voice vote with Supervisor McNamara absent. 1, General Fund Unaccrocriated Balance 2. Cacital Fund UnaDDroDriated Balance 3. Board Continaencv Fund 4. Future School CaDital Reserve 5. Statement of Revenues and Excenditures as of Mav 31.1999 428 June 22,1999 - 6. Accounts Paid - Mav 1999 7. Statement of Treasurer's Accountabilitv Der Investments and Portfolio Policy as of Mav 31.1999. ª'- Proclamation sianed bv Chairman namina L'ý'nn Saunders Softball rield at Shell Park IN RE: OTHER BUSINESS Chairman Johnson asked that Mr. Mahoney prepare a resolution for the next Board meeting directed to the Governor, Legislative Representatives and Lorinda Lionberger, member of the Commonwealth Transportation Board, to request action to retain the funding for widening of Route 460/11. ~ IN RE: WORK SESSIONS 1, Work Session to discuss amendments to the Freedom of Information Act. (Postponed from June 8. 1999) The work session was held from 3:25 p.m. until 4:05 p.m. and presented by Mr. Mahoney. He described the amendments to the Freedom of Information Act which were recently adopted by the General Assembly. One major change is that the executive session is now called a closed meeting. Mr. Mahoney will bring back a resolution modifying the charging of fees for duplication of items in response to an FOI request. 2. Work Session on Refuse Collection. (Postponed from June 8. June 22,1999 429 - 1999) The work session was held from 4:05 p.m. until 4:25 p.m. and presented by Mr. Hodge and Director of General Services Elaine Carver. Ms. Carver displayed a map which designated all the exceptions to the current refuse collection policy. The Board discussed and was in general agreement that: (1) the policy should be fair and equitable; (2) there should be no trash pick up provided on private roads; and (3) there should be no commercial pickup unless there is a charge for the service. Mr. Hodge and Ms. Carver were directed to review and revise the policy with staff and bring back the Code changes to the Board. Mr. Hodge was also asked to work towards a similar policy such as that of Roanoke City and Town of Vinton. 3. Work Session to discuss Drivate road issues as thev relate to future develoDment. (5:00 P.M.) The work session was held from 4:25 p.m. until 5:25 p.m and presented by Terry Harrington. Supervisor Minnix arrived at 4:25 p.m. Also present were Janet Scheid, and members of the Roanoke County Planning Commission. It was the consensus of the Board for the staff and the Planning Commission to go forward with developing a policy for cluster homes development which would include limited provisions for private roads. Supervisor Nickens asked for a copy of the example used in the presentation of the Miller project as it was originally requested, and the Hunting Hills and Miller projects as they were finally approved. Supervisor Nickens suggested that standards could be set but each one should be brought to the Board for its approval for at least five years. Mr. Harrington and 430 June 22,1999 - Mr. Mahoney will meet to discuss the standards and appeals process. IN RE: EXECUTIVE SESSION At 3:20 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A (7) probable litigation, Vinyard Park, and Section 2.1-344 A (1) personnel matter, performance evaluations for County Administrator and County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ., IN RE: CERTIFICATION RESOLUTION R-062299-4 At 7:00 p.m., Supervisor Johnson moved to return to open session; that the Executive Session was held from 5:30 p.m. until 6:00 p.m., and to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 062299-4 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has June 22,1999 43J - convened an executive 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 executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: ACTIONS FROM EXECUTIVE SESSION Supervisor Nickens advised that as a result of the Executive Session, he was bringing forward two items for approval of the Board. 1, Resolution establishina salaries for the County Administrator and the County Attornev. R-062299-5 Supervisor Nickens moved to spread a resolution in the minutes to approve a salary increase for the County Administrator from $111,484.74 to $114,546.54 and County Attorney from $94,936.34 to $97,532.61, effective July 1, 1999. The motion carried by a recorded vote. AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None 432 June 22,1999 - ABSENT: Supervisor McNamara RESOLUTION 062299-5 ESTABLISHING SALARIES FOR THE COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY WHEREAS, the Board of Supervisor of Roanoke County, Virginia, hereby establishes the salaries for the County Administrator and the County Attorney for Fiscal Year 1999-2000. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the County Administrator shall be increased from $111,484.74 to $114.546.54. 2. That the annual salary for the County Attorney shall be increased from $94,936.34 to $97.532.61. 3. That the effective date for the establishment of these salaries shall be July 1, 1999. On motion of Supervisor Nickens to approve salary increase for County Administrator from $111,484.74 to $114,546.54 and approve salary increase for County Attorney from $94,936.34 to $97,532.61 effective July 1, 1999, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ~ ~ Lease between Roanoke Valley Youth Soccer. Inc. and Roanoke County. Supervisor Nickens moved that the County Attorney be authorized to send a 180 day notice to terminate the lease that now exists between Roanoke Valley Youth Soccer, Inc. and Roanoke County. AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: PUBLIC HEARINGS June 22,1999 433 - 1, Public hearina and adoDtion of resolution reaardina issuance of UD to $5.725.000 in bonds to finance the County's Dortion of the Roanoke Reaional Wastewater Treatment Facilitv. (Diane Hvatt. Finance Director) R-062299-6 Ms. Hyatt advised that this is public hearing on the issuance of revenue bonds and that the County wishes to borrow an additional $5,725,000 to finance the County's portion of the joint Regional Wastewater Treatment Plant. The County previously borrowed $13,100,000 to begin this project butthe costs have expanded so that an additional amount needs to be borrowed. This loan will be at a 4% interest rate through the Virginia Wastewater Revolving Loan Fund. There will be some contingencies in it so that as the project is completed, which is scheduled for December, if there are additional amounts that come up between now and then, they will be included in this supplemental loan. It is structured such that if the entire amount of the loan is not needed, a lessor amount can be used and paid back. She advised that this loan will not affect sewer rates. There were no citizens to speak on this issue. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 062299-6 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING 434 June 22,1999 - THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REVENUE BOND, SERIES 1999, IN THE MAXIMUM PRINCIPAL AMOUNT OF $5,725,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Revenue Bond, Series 1999, in the maximum principal amount of $5,725,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to finance the County's portion of the expansion of the Roanoke Regional Wastewater Treatment Facility (the "Project"). B. On June 22, 1999, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Water Facilities Revolving Fund (the "Fund"), acting by and through the Virginia Resources Authority, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and the Fund, to be dated as of a date specified by the Fund. ..- D. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement"), between the County and the Fund, acting by and through the Virginia Resources Authority. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond"), with respect to the pledge of Revenues. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. June 22, 1999 435 - NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $5,725,000, and to award and sell the Bond to the Fund, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Revenue Bond, Series 1999." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs ofthe Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (I) the maximum principal amount authorized to be advanced under the Bond shall not exceed $5,725,000, (ii) the interest rate on the Bond shall not exceed four percent (4%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2020. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery to the Fund of the Bond on the County's behalf. 4. Pledae of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement, and will be secured on parity with the 1996 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest 436 June 22,1999 on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of ADDroval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. RedemDtion of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Deliverv of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to the Fund upon payment of the first principal advance thereunder. An authorized representative of the Fund shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Reaistration. Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. June 22,1999 437 - A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. 10.Charaes for Exchanae or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost. Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, thatthe County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (I) has filed with the Director of Finance evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Director of Finance. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12.AQDroval of Financing AQreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Further Actions: Authorized ReDresentative. The Chairman, the County Administrator and the Director of Finance and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Director of Finance are designated the County's Authorized Representatives for purposes of the Financing Agreement. 14.Filina of Resolution. The County Attorney is authorized and directed to file a 438 June 22,1999 - ]certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 15. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 2. Public hearina to receive community input on the DroDosed Roanoke County Communitv Development Block Grant (CDBG) aDDlication for the Advance Auto Parts/Boxley Hills Off-Site Stormwater Manaaement Proiect and adoDtion of resolution authorizina County Administrator to submit aDDlication. (Terrv Harrinaton. County Planner) R-062299-7 Mr. Harrington advised that Advanced Auto Parts Corporation is considering a major expansion of their headquarters location on Airport Road and anticipate creating a minimum of 200 new jobs. This expansion will occur on their existing property and on a a portion of an adjacent 17+ acre parcel currently owned by Shenandoah Homes Retirement Village Inc. This expansion of the Advanced Auto Parks facility and construction of additional parking will require significant off-site stormwater management improvements in the adjacent Boxley Hills neighborhood along Sierra Drive. The creation of additional stormwater or any other development on this property would not be permissible under the County's development codes. The County wishes to submit a CDBG grant application to the Virginia Department of Housing and Community Development by ~, June 22,1999 439 the end of June for $700,000 in funds to design and construct drainage improvements to the Boxley Hills neighborhood. This grant will provide the funds for the County to correct a long standing stormwater drainage issue in this North County neighborhood. The CDBG program requires that a minimum of 10% of the total project costs be derived from local sources, either in-kind services or cash contribution. The County's share will consist of up to $70,000 and of this amount, a maximum of $39,000 will be a cash contribution. It is anticipated that public/private partnership funds will be used for this local cash match. CDBG requirements specify that any localities considering a grant application must hold two public hearings. The first hearing, which was held on June 8, 1999, was for the purpose of soliciting general public input on Roanoke County's general community development and housing needs. Three people provided comments at this hearing. The second hearing today is for the purpose of soliciting public input on the specific grant application and project proposed. He asked that the Board hold a public hearing and approve the resolution authorizing the County Administrator to sign and submit the application for this grant. There were no citizens present to speak on this issue. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 062299-7 STATING INTENTION TO PARTICIPATE IN THE VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE ADVANCE AUTO PARTS/BOXLEY HILLS OFF-SITE DRAINAGE IMPROVEMENT PROJECT 440 June 22,1999 - WHEREAS, Roanoke County is dedicated to continued economic development and economic vitality in Roanoke County and the Roanoke Valley; and, WHEREAS, Roanoke County, through our economic development efforts, works closely with existing industries and industrial prospects to promote capital expansion, and to retain existing employment and promote new employment; and, WHEREAS, strengthening existing industrial retention efforts and assisting companies to expand within Roanoke County is an identified goal of the 1998 Community Plan; and, WHEREAS, the Roanoke Valley Regional Stormwater Management Plan and the 1998 Community Plan encourage stormwaterfacility improvements to reduce community flooding and drainage problems. NOW, THEREFORE, BE IT RESOLVED, that pursuant to two public hearings held on June 8, 1999 and June 22, 1999, and two additional forms of public notification held and distributed in accordance with the requirements of the Virginia Department of Housing and Community Development, the Board of Supervisors of Roanoke County, Virginia, wishes to apply for up to $700,000 of Virginia Community Development Block Grant funds for the Advance Auto Parts/Boxley Hills Off-Site Drainage Improvement Project. BE IT ALSO RESOLVED, that as part of this project, Roanoke County shall contribute up to $70,000 in in-kind services or cash for project administration, project engineering and or project inspection costs, said County contribution not to be less than ten percent of the total grant award and it is projected that a minimum of 200 new jobs for persons of low to moderate income will result from the implementation of this project; and, BE IT FURTHER RESOLVED, that County Administrator Elmer C. Hodge is hereby authorized to sign and submit the appropriate documents for submittal of this Virginia Community Development Block application. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1, Second readina of ordinance to obtain a SDecial Use Permit to construct a life care facility. located at 7603 Marson Road. Hollins Maaisterial District. UDon the Detition of HCMF/American Healthcare. (Terrv Harrinaton. County Planner) --.. June 22, 1999 441 - 0-062299-8 Mr. Harrington advised that this is a petition to obtain a special use permit to construct a life care facility which will include an Alzheimer's facility and general nursing facility. The Planning Commission recommended approval with three conditions: (1) The entire 4.50 +- acre site, including architectural materials, landscaping, exterior lighting and signage, shall be developed in general conformance with the Williamson Road Design Guidelines. (2) The site, including the realignment of Marson Road, shall be developed in substantial conformity with the concept plan dated May 18, 1999, prepared by Balzer and Associates, Inc. (3) Should the state issued Certificate of Need be denied for this facility, the Special Use Permit will be null and void. Craig Balzer, architect with Balzer & Associates, representing the petitioner, described and presented the architectural rendering of the project which was dated March 22, 1999, and requested by the Planning Commission. He also responded to questions. Supervisor Johnson stated that Condition #3 was not legal according to the County Attorney and he proposed the following revision: (3) This Special Use Permit shall be only for a Life Care Facility incorporating a nursing home and Alzheimer's care unit as requested and submitted by HCMF American Home Healthcare on April 23, 1999. The approval of this permit shall not authorize the construction nor use of the property as solely an adult care residence as defined in the Roanoke County Zoning Ordinance. Supervisor Johnson requested that Mr. Harrington read the current definition of adult care residence in the Zoning Ordinance for Mr. Balzer's information. He also suggested that the petitioner postpone the issue until the next meeting in July, 1999. Mr. Balzer advised that they are 442 June 22,1999 required to have the proper zoning in place before applying for the State's Certificate of Need, and that there is no time constraint. Supervisor Nickens suggested two additional conditions which were: (1) This facility shall be operated only as a for-profit facility; and (2) This facility shall be constructed in substantial conformity with the architectural rendering dated March 22, 1999 and prepared by Balzer & Associates, Inc. and exhibited to the Board of Supervisors on June 22, 1999. Supervisor Johnson moved to adopt the ordinance with Condition #3 revised and Conditions #4 and #5 added as suggested by Supervisor Nickens. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 062299-8 GRANTING A SPECIAL USE PERMIT TO HCMF/AMERICAN HEAL THCARE TO CONSTRUCT A LIFE CARE FACILITY TO BE LOCATED AT 7603 MARSON ROAD (TAX MAP NO. 27.11-1-22), HOLLINS MAGISTERIAL DISTRICT WHEREAS, HCMF/American Healthcare has filed a petition to construct a life care facility to be located at 7603 Marson Road (Tax Map No. 27.11-1-22) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 1, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 27,1999; the second reading and public hearing on this matter was held on June 22,1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to HCMF/American Healthcare to construct a life care facility to be located at 7603 Marson Road (Tax Map No. 27.11-1-22) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 - '" .llInø ,? I 1~~Q 443 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: 1) The entire 4.50 +/- acre site, including architectural materials, landscaping, exterior lighting and signage, shall be developed in general conformance with the Williamson Road Design Guidelines. The site, including the realignment of Marson Road, shall be developed in substantial conformity with the concept plan dated May 18, 1999, prepared by Balzer and Associates, Inc. This Special Use Permit shall be only for a Life Care Facility incorporating a nursing home and Alzheimer's care unit as requested and submitted by HCMF American Home Healthcare on April 23, 1999. The approval ofthis permit shall not authorize the construction nor use of the property as solely an adult care residence as defined in the Roanoke County Zoning Ordinance. This facility shall be operated only as a for-profit facility. This facility shall be constructed in substantial conformity with the architectural rendering dated March 22, 1999 and prepared by Balzer & Associates, Inc. and exhibited to the Board of Supervisors on June 22, 1999. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with Condition #3 revised, and addition of Conditions #4 and #5 as suggested by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 2) 3) 4) 5) 2. Second readina of ordinance to obtain a SDecial Use Permit for an 0-062299-9 accessorv aDartment. located at 4927 Huntridae Road. Hollins Maaisterial District. UDon the Detition of Elizabeth Lawson. (Terrv Harrinaton. County Planner) 444 June 22,1999 ¡== Mr. Harrington advised that is a petition to obtain a special use permit for a basement apartment which will be built for the petitioner's mother. The property and all surrounding properties are zoned R 1 Residential; the area is designated Neighborhood Conservation in the 1998 Roanoke County Community Plan and the proposal is consistent with the policies and guidelines of the Community Plan. The Planning Commission recommended approval with one condition: (1) The accessory apartment shall be occupied by a family member of the owner. Ms. Elizabeth Lawson, petitioner, was present, and was commended by Supervisor Johnson for her thoroughness in submitting her petition with the written consent of her neighbors. There were no citizens present to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 062299-9 GRANTING A SPECIAL USE PERMIT TO ELIZABETH LAWSON FOR AN ACCESSORY APARTMENT TO BE LOCATED AT 4927 HUNTRIDGE ROAD (TAX MAP NO. 40.13-2-25), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Elizabeth Lawson has filed a petition for an accessory apartment to be located at 4927 Huntridge Road (Tax Map No. 40.13-2-25) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 1, 1999; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 27, 1999; the second reading and public hearing on this matter was held on June 22, 1999. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: '" - June 22, 1999 445 1. That the Board finds that the granting of a special use permit to Elizabeth Lawson for an accessory apartment to be located at 4927 Huntridge Road (Tax Map No. 40.13-2-25) in the Hollins Magisterial District is substantially in accord with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: 1) The accessory apartment shall only be occupied by a family member ofthe owner. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara 3. Second reading of ordinance to rezone 10.61 acres from R-1 to AR to construct areenhouses. located on West River Road (tax maD #64.03-1-34\. Catawba Magisterial District. UDon the Detition of Roaer Rardin-The Tvler Rose. Inc. (Terrv Harrinaton. County Planner) 0-062299-10 Mr. Harrington advised that this is an unconditional request to rezone a 10.61 acre tract from R-1 Residential to AR Agricultural Residential in order to erect greenhouses and operate a wholesale nursery. The site lies within the Development future land use designation ofthe Roanoke County Community Plan. The proposal is not consistent with the guidelines of the Development land use designation, but does generally comply with the overall goal of the Community Plan's design guidelines. He advised that the Planning / ~ June 22, 1999 = Commission recommended approval but at their public hearing, members inquired about the existing adjacent greenhouses and the water source. Atthattime, the petitioner commented that the greenhouses are operational; water is supplied by two wells; and all watering is done by hand. Mr. Roger Rardin, petitioner, addressed the Board and advised that there will be some truck traffic during the spring and fall of the year and that he is buying the land for future growth. There were no citizens present to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: .". AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara ORDINANCE 062299-10 TO CHANGE THE ZONING CLASSIFICATION OF A 10.61-ACRE TRACT OF REAL ESTATE LOCATED ON WEST RIVER ROAD (TAX MAP NO. 64.03-1-34) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION OF ROGER RARDIN-THE TYLER ROSE INC. WHEREAS, the first reading ofthis ordinance was held on May 27, 1999, and the second reading and public hearing were held June 22,1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 1, 1999; and WHEREAS, legal notice and advertisement has been provided as required by law. as follows: BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, 1. That the zoning classification of a certain tract of real estate containing 10.61 acres, as described herein, and located on West River Road (Tax Map Number 64.03- 1-34) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of AR, Agriculture/Residential District. '" - June 22,1999 ~7 Rose, Inc. 2. Thatthis action is taken upon the application of Roger Rardin-The Tyler 3. That said real estate is more fully described as follows: Beginning at a point on the South side of Route 639 (West River Road) S 27° 03' 42" W 328.65 feet then S 11° 01' 51" W 435.61 feet to the Norfolk and Southern Railway RJW; following the RJW N 78° 37' 23" W 106.81 feet, then N 73° 15' 57" W 102.34 feet, then N 71° 04' 02" W 106.87 feet, then N 68° 51' 55" W 98.33 feet, then N 6r 01' 58" W 98.21 feet, then N 65° 04' 45" W 103.47 feet, then N 58° 59' 43" W 71.87 feet then leaving Norfolk and Southern RJW N 18° 26' 56" E 169.10 feet, then S 87 ° 06' 46" E 103.10 feet, then N 18° 15' 28" E 584.98 feet to South side of State Route 639, then following South RW of Route 639 S 68° 38' 43" E 133.87 feet, then S 67° 00' 00" E 202.80 feet, then S 65° 24' 26" E 245.41 feet to the beginning. In all 10.61 acres as surveyed by Blazes & Associates on November 18,1993. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He advised that he had discussed this request with Mr. Mahoney and was now asking that the Deputy Clerk add his "Aye" vote to each of the items previously voted on in the afternoon session when he was absent. There were no objections. (2) He advised that he would like to meet with Mr. Mahoney about some Freedom of Information Act questions. (3) He advised that he will be out of town until next Monday and that if citizens need his assistance, they can call Mr. Hodge. ~~ ~ June 22,1999 i SUDervisor Harrison: (1) He advised that he attended the opening ceremony of the lodge at Camp Roanoke and commended the Kiwanis Club for their assistance. He advised that Camp Roanoke would be a good place to hold a retreat. (2) He advised that he has heard from some citizens who feel that they are being deceived about where their water comes from and asked Mr. Hodge several questions. Mr. Hodge responded that there have been no attempts to deceive, and it would be impossible to put on the water bill the source of the water due to many factors. Supervisor Johnson described the history of water problems during 1985-86 in the North Lakes area when it was a part of the Hollins District. Supervisor Harrison advised that these drought issues are causing citizens' concerns and that this is a complicated issue. IN RE: ADJOURNMENT At 7:55 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ~~ ~ ") ~~Jdu~ Brenda J. Iton, CMC Deputy Clerk to the Board