HomeMy WebLinkAbout9/28/1999 - Regular
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September 28,1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 28,1999
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 September, 1999
INRE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:02 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
MEMBERS ABSENT: Supervisor Joseph McNamara
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, 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 The Reverend Sam Crews, Coopers Cove
Baptist Church. The Pledge of Allegiance was recited by all present.
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September 28,1999
INRE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added Item 5 to Appointments, Appointment to the Grievance
Panel. Mr. Mahoney added an ordinance to Item 2 under Reading of Ordinances, and an
item to Closed Meeting, pursuant to Section 2.1-344A (3) acquisition of real estate.
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.1... Proclamation declaring the week of October 3 - 9 1999 as Fire
Prevention Week in Roanoke County.
The proclamation was accepted by Fire and Rescue Chief Don Gillespie.
Supervisor Minnix moved to adopt the proclamation. The motion carried
by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
INRE:
INRE:
NEW BUSINESS
.1... Request for appointment of Negotiating Committee to
negotiate with Cox Com, Inc., D/B/A as Cox Communications
for possible extension of current cable television franchise.
(Joseph Obenshain, Sr., Assistant County Attorney)
September 28,1999
583
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A-092899-1
Mr. Mahoney reported that the current cable television franchise between
Roanoke County and Cox Communications expires in May 2003, and Cox has
expressed a desire to negotiate an extension of their franchise at this time rather than
waiting until 2003. Cox intends to invest $8.5 million in its physical plant to upd3te their
technological capabilities to permit full digital television and high speed Internet access
capabilities. The Board can either extend the existing franchise agreement for an
agreed upon term, or refuse to negotiate at this time and wait to open negotiations in
late 2002 or early 2003. Staff recommends extending the existing contract and
appointing a negotiating committee composed of Supervisor Nickens, Anne Marie
Green, Dr. Jane James and James Dickey to meet with representatives designated by
the City of Roanoke, the Town of Vinton and Cox to explore terms for extension of the
current agreement.
Supervisor Nickens pointed out that this is not an exclusive franchise
agreement and any cable company may come into the Roanoke Valley.
Supervisor Johnson moved to appoint the Negotiating Committee and
extend the existing contract. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
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September 28,1999
2.
Request to appropriate $1,000,000 for site improvements at the
Center for Research and Technology. (Elmer C. Hodge,
County Administrator)
A-092899-2
Mr. Hodge advised that in 1997, Roanoke County announced the
purchase of a 457 acre site located on Route 11/460. It is now time to construct some of
the site improvements in order to mount an active marketing campaign. To accomplish this,
staff is asking that $1,000,000 be allocated for the project. These funds will construct the sewer
line, the entrance road and internal roadway spur for Phase I, stage I. The funds will be used
as follows: (a) Sewer ($794,000) which includes boring of a tunnel under Interstate 81, laying
the sewer line and acquiring the easements; and (b) road improvements ($866,577) including a
two lane entrance road with curb and gutter and two cul-de-sacs, landscaping and a distinctive
park entrance sign.
Mr. Hodge advised that no additional funds for the water line will be needed at
this time. The Utility Department has funds budgeted in the CIP to cover the water line from
Dow Hollow Road up Glenmary Drive, and to the Phase I, Stage I development for the
projected cost of $655,000. This is part of the North Loop Transmission Line and Utility Director
Gary Robertson has moved up construction of the line to assist in getting water to North
Roanoke County, the City of Roanoke and move this economic development project forward.
The Utility Department has begun the bid process for the 24 inch water line along Glenmary
Drive to the park entrance.
Mr. Hodge recommended that $1,000,000 from the Dixie Caverns Landfill
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September 28,1999
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Cleanup account be appropriated to begin the site improvements.
Following discussion, Supervisor Harrison moved to appropriate
$1,000,000 from the Dixie Caverns Landfill Cleanup Account. The motion carried by
the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
3.. Request to increase personnel count at Spring Hollow Water
Treatment Facility. (Gary Robertson, Utility Director)
A-092899-3
Mr. Robertson explained that the Spring Hollow Water Treatment Facility
had an average production of four million gallons a day prior to this summer. This
production rate can be managed with one 8-hour shift, 7 days a week. The present
staff includes a supervisor, 3 water operators, 2 laboratory technicians, and 1
maintenance person.
The recent water agreement between Roanoke County and Roanoke City
has a significant impact on the water treatment facility. A single 8-hour shift can
produce approximately 4.5 mgd of water, with each successive shift producing 5 mgd.
The agreement stands to increase average production from 4 million gallons per day to
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September 28,1999
6 million gallons per day with peak production at 10 mgd, and moves the operation to
two shifts, 7 days a week. The second shift has been operating since July 1999 by
utilizing existing personnel on an overtime basis. With implementation of the new
agreement, a second shift will remain as the standard mode of operation. Three new
personnel (2 operators, 1 trainee) will be required to staff the second shift. This would
provide for basic operation only, and overtime will still be required to cover sickness and
vacation.
Mr. Robertson reported that three additional personnel will cost
approximately $90,000 per year. These costs are included as a portion of the $821,250
increase in the water treatment facility production costs, and is based on Roanoke
County producing an additional 2.25 mgd for County use plus 1 mgd (yearly average)
sale to Roanoke City. In future years these costs will be covered by the $1.6 million
savings by not purchasing water from Roanoke City. Present year costs will be covered
by the sale of water to Roanoke City. Mr. Robertson requested that the personnel
count be increased by three.
In response to questions from the Board members, Mr. Robertson
explained that state law requires two people at all times and they plan to hire two
operators and a trainee who has the ability to become an operator in one year, and
even if Roanoke City does not need the water, they will still be increasing production by
2 mgd.
Supervisor Harrison moved to increase the personnel count by three. The
motion carried by the following recorded vote:
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September 28,1999
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AYES:
NAYS:
ABSENT:
Supervisors Minnix, Nickens, Harrison, Johnson,
None
Supervisor McNamara
4. Request to execute a performance agreement approving a
Public Private Partnership with Dragon Chemical. (Tim
Gubala, Economic Development Director)
A-092899-4
Mr. Gubala advised that Dragon Chemical searched regionally for a
location and the County proposed that they locate in the vacant 75,000 square foot
"shell building" on a 17.3 acre tract in Valley Gateway in the Route 460 East Corridor.
Valley Gateway Business Park is a joint development effort by Roanoke County, Fralin
& Waldron, the Industrial Development Authority, and the Greater Roanoke Valley
Development Foundation. A multi-party agreement was executed stipulating that the
occupant of the shell building would have an investment goal of over $10 million within
three years of occupancy. If the company meets the investment goal, the Authority can
discount the note of the land and release the Foundation from its obligation to repay the
County for its purchase of the land.
Mr. Gubala reported that Dragon's investment will generate enough taxes
to meet half of the investment goal, and staff estimates that the Company could meet
the goal if the Board would consider a payback period of five years. Mr. Gubala
requested that the Board authorize execution of a performance agreement with Dragon
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September 28,1999
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Chemical Corporation that would authorize the County to expend Public Private
Partnership funds in the amount of $90,000 for utility connection fees and site
development and recognize a 5-year payback period for the County.
Supervisor Johnson moved to execute the performance agreement. The
motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES· CONSENT AGENDA:
Supervisor Nickens moved to approve first reading and schedule the
second readings and public hearings for October 26. 1999. The motion carried by the
following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
.1...
fi:~ r~ading of ordinance to rezone approximately 99.38 acres
r 1 to PTD to construct a mixed use commerce park
~pcorporating commercial, residential. industrial and open
ace uses, located at the 2100 block of Hardy Road, acljacent
to the Blue Ridge Parkway, Vinton Magisterial District, upon
the petition of the Town of Vinton.
Supervisor Nickens requested that staff clarify certain items with the Town
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September 28,1999
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of Vinton before second reading.
2. First reading of ordinance to approve a Special Use Permit for
Friendship Manor, Inc. to allow the expansion of a life care
facility of a 40+ acre site located· at the intersection of Florist
Road and Hershberger Road in the Hollins Magisterial District.
IN RE:
FIRST READING OF ORDINANCES
.1... First re¡¡ding of ordinance amending and readopting the
Zoning Ordinance by the addition of standards for the design
and development of Cluster Housing. (Terry Harrington,
County Planner)
Mr. Harrington reported that the cluster housing amendments to the
zoning ordinance would allow landowners to develop their property using "clustering"
techniques which include: (1) Cluster developments would be allowed by right in R-1,
R-2, R-3 and R-4 zoning districts provided public water and sewer are provided to each
lot; (2) Between 35% and 50% of each site developed would be permanently reserved
and maintained as open space. Ownership of the open space would be determined at
the time of plat review. Sites with more significant natural features would require higher
open space dedications; (3) Limited private streets would be allowed in cluster
developments; and (4) There would be no minimum setbacks, lot sizes or lot frontage
requirements.
Mr. Harrington requested that the Board approve first reading and
schedule the second reading and public hearing on October 26, 1999. He further
requested that the Board schedule a joint work session with the Planning Commission
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September 28,1999
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on October 12,1999.
Supervisor Johnson moved to approve first reading of the ordinance, and
schedule the work session and second reading and public hearing. The motion carried
by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
2. First reading of ordinance extending the current franchise
agreement with Adelphia (Salem) Cable for ninety days and
request for appointment of negotiating committee to negotiate
a new franchise agreement. (Anne Marie Green, Community
Relations Director)
0-092899-5
Ms. Green advised that in 1994, the County entered into an extension of
its franchise agreement with Adelphia Cable in order to make the term coincide with
Adelphia's agreement with the City of Salem, both of which terminate this year. A
negotiating team needs to be appointed to work with the County Attorney's Office and
the City of Salem in reaching a new franchise agreement. Additionally, the current
agreement expires October 4 and an extension must be approved so that negotiations
can be successfully completed. Mr. Green requested that the Board appoint a
negotiating committee composed of Supervisors Nickens and Harrison, Anne Marie
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September 28,1999
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Green and Jane James, and James Dickey to negotiate a new agreement, and that the
Board approve the ordinance extending the current franchise agreement by ninety
days.
Supervisor Minnix moved to waive second reading and adopt the
ordinance and appoint the negotiating committee. The motion carried by the following
recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 092899-5 EXTENDING THE FRANCHISE OF
BLACKS BURG/SALEM CABLEVISION , INC. D/B/A
SALEM CABLE TV TO OPERATE A CABLE TELEVISION
SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90
DAYS
WHEREAS, Blacksburg/Salem Cablevision, d/b/a Saiem Cable TV, a
wholly owned subsidiary of Adelphia Communications Corporation, currently holds a
franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate
a cable television system within portions of Roanoke County which franchise expires on
October 4, 1999; and
WHEREAS, negotiations are currently under way between
Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke
for the renewal of this franchise agreement, which negotiations may not be concluded
sufficiently prior to such date to permit adoption of a new franchise agreement by the
Board of Supervisors of the County of Roanoke prior to the expiration of the current
franchise agreement on or about October 4, 1999; and
WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is
prohibited by federal law from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal law; and
WHEREAS, the first reading of this ordinance was held on September 28,
1999, and the second reading of this ordinance was dispensed with by an affirmative
vote of four-fifths of the members of this board.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
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September 28,1999
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Virginia, as follows:
1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a
Salem Cable TV, to continue to operate a cable television franchise within the territorial
limits of Roanoke County, Virginia, after October 4, 1994, and to prevent any
interruption of cable television services to customers of Salem Cable TV, the franchise
of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a
cable television system within Roanoke County, Virginia, is hereby extended for a
period of ninety (90) days beginning at 12:00, midnight, on October 4,1999, under the
same terms and conditions as contained in the existing franchise agreement originally
granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American
Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to
Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997.
2. This ordinance shall be in full force and effect from its passage.
On motion of Supervisor Minnix to adopt the ordinance and appoint the
negotiating committee, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
SECOND READING OF ORDINANCES
.1... Second reading of an ordinance authorizing the execution of
an agreement with the City of Roanoke amending and
superseding previous agreements, providing for the sale of
bulk and surplus water and the appropriation of funds. (Gary
Robertson, Utility Director)
0-092899-6
Mr. Robertson requested that the Board Chairman be authorized to
execute an agreement with the City of Roanoke concerning water sales, and advised
that the City had already approved the contract.
Supervisor Harrison moved to adopt the ordinance. The motion carried by
the following recorded vote:
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September 28,1999
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AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 092899-6 AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE CITY OF ROANOKE
AMENDING AND SUPERSEDING PREVIOUS
AGREEMENTS, PROVIDING FOR THE SALE OF BULK
AND SURPLUS WATER FOR A TERM OF YEARS,
ESTABLISHING RATES, AND THE APPROPRIATION OF
FUNDS THEREFOR
WHEREAS, Section 15.2-1102 and 15.2-2112 of the Code of Virginia,
1950, as amended, authorizes counties to negotiate and execute contracts for the
purchase and sale of water; and,
WHEREAS, Roanoke County and the City of Roanoke desire to promote
regional sharing of water supplies in the Roanoke Valley to help ensure a continued
adequate supply of water for their citizens; and other cooperative efforts for their mutual
benefit and the benefit of their citizens; and,
WHEREAS, Roanoke County has agreed to sell water to the City of
Roanoke from Spring Hollow Reservoir for these purposes, and desires to continue said
water sales for a term of twenty (20) years; and,
WHEREAS, the County and the City intend to amend and supersede
previous agreements between them to accomplish these goals; and,
WHEREAS, the first reading of this ordinance was held on September 14,
1999, and the second reading was held on September 28,1999.
NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Chairman of the Board of Supervisors is hereby
authorized to execute an agreement with the City of Roanoke for the sale of bulk water
and surplus water, upon the concurrence of the Utility Director, and upon form
approved by the County Attorney.
2. That the rates or charges for said water shall be at a bulk base rate
of $2.75 per 1000 gallons with annual adjustments based upon the Consumer Price
Index. This rate shall apply retroactively to July 1, 1999 to all water purchased in bulk
or traded by either the City or the County. Further the County shall pay the City the
sum of $1,600,000 in satisfaction of its obligations to purchase water under the January
27, 1995 Addendum to the 1979 Contract between the County and the City. This sum
is hereby appropriated from the FY 1999-2000 Utility Operating budget.
3. That the City shall have the right to purchase up to 4 Million
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September 28,1999
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Gallons per Day (MGD) of water from the County. The City agrees to sell surplus water
to the County. Both the City and the County shall have the right to transport up to 3
MGD of water through the other's water distribution system at no cost or expense to the
party causing or desiring the water to be transported.
4. That the initial term of this agreement shall expire June 30, 2020.
5. That this ordinance shall take effect immediately upon its adoption.
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
2. Second reading of ordinance authorizing the execution oLan
agreement with Botetourt County to provide water to a portion
of Botetourt County, including the option to sell a portion of
the Read Mountain Water Company to Botetourt County, (Paul
Mahoney, County Attorney)
0-092899-7
Mr. Mahoney advised that there was no change to the ordinance but he
had provided a map and statistics as requested in the first reading of the ordinance.
Supervisor Nickens recommended that the time frame to extend the contract be 30
days after signing and executing the contract.
Supervisor Johnson moved to adopt the ordinance with the time frame 30
days after execution of the contract. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
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September 28,1999
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ORDINANCE 092899-7 APPROVING AND AUTHORIZING
AN AGREEMENT WITH THE COUNTY OF BOTETOURT
TO PROVIDE WATER TO A PORTION OF BOTETOURT
COUNTY, . INCLUDING THE OPTION TO SELL A
PORTION OF THE READ MOUNTAIN WATER COMPANY
TO BOTETOURT COUNTY
WHEREAS, by Ordinance 060899-2 adopted on June 8, 1999, the Board
of Supervisors of Roanoke County approved and authorized the acquisition of the
assets of the Read Mountain Water Company; and,
WHEREAS, the County desires the consent of Botetourt County to
provide water supplies and to operate a water supply system within its boundaries,
pursuant to Section 15.2-2143 of the Code of Virginia, 1950, as amended, since a
portion of the utility service area of said water company lies within Botetourt County;
and
WHEREAS, Roanoke County grants and conveys to Botetourt County the
option to purchase the assets of said water system located in Botetourt County for a
price equal to the fair market value of such assets at the time of purchase, and this
option may be exercised anytime within the renewable ten year term of this agreement;
and,
WHEREAS, the first reading of this ordinance was held on September 14,
1999, and the second reading was held on September 28, 1999.
NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of
Roanoke County, as follows:
1. That an agreement between Roanoke County and Botetourt
County to provide water to customers within the service area of the Read Mountain
Water Company in the southern portion of Botetourt County, is hereby approved and
authorized.
2. That this agreement provides Botetourt County's consent to this
purchase of the Read Mountain Water Company by Roanoke County, and provides
Botetourt County with an option to purchase the assets of the water system located in
Botetourt County for a price equal to the fair market value of such assets anytime
during the renewable ten year term of this agreement.
3. That the County Administrator is hereby authorized to execute said
contract on behalf of the citizens and Board of Supervisors of the County of Roanoke,
subject to the review and approval of the final contract amendment by the County
Administrator and the County Attorney.
On motion of Supervisor Johnson to adopt the adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
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September 28,1999
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INRE:
APPOINTMENTS
.1... Blue Ridge Community Services Board of Directors
Supervisor Johnson nominated Rita Gliniecki to be reappointed as County
representative to a three-year term which will run from 1/1/2000 to 12/31/2003.
IN RE:
CONSENT AGENDA
R-092899-8
Supervisor Nickens moved to adopt the resolution with Item 4 added.
The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 092899-8 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:
1. that the certain section of the agenda of the Board of
Supervisors for September 28, 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 3, inclusive, as follows:
1. Approval of minutes - August 10, 1999, August 24, 1999
2. Appropriation of $3,114 Compensation Board reimbursement for
additional capital purchase for the Commonwealth Attorney's
Office.
3. Adoption of resolution to file Public Library Internet Access Policy
With the Library of Virginia.
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September 28,1999
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4. Confirmation of Committee appointment to the Grievance Panel
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 with Item J-4
added, and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 092899-8.b ADOPTING AN ACCEPTABLE INTERNET ACCESS
POLICY FOR THE ROANOKE COUNTY PUBLIC LIBRARY AND DIRECTING THE
FILING OF THIS INTERNET ACCESS POLICY WITH THE LIBRARIAN OF VIRGINIA
WHEREAS, the 1999 Session of the General Assembly of Virginia
enacted House Bill 1043 [The Jackson Bill] adding Section 42.1-326.1 to the Code of
Virginia, which legislation requires the governing body of every county, city and town in
the Commonwealth to adopt and then file an acceptable use policy for the international
network of computer systems commonly known as the Internet with the Librarian of
Virginia by December 1, 1999; and,
WHEREAS, the Roanoke County Public Library has developed an
Internet Access Policy for the county's libraries which attempts to fairly balance the
competing interests of promoting citizen access to the wide scope of beneficial and
educational information available on the Internet with the rights of citizens to protect
themselves and their children from potentially dangerous and undesirable information
which may also be available via the Internet; and,
WHEREAS, this proposed Internet Access Policy has been reviewed by
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September 28,1999
and adopted by the Roanoke County Library tjoard and II::; DÌlt::dul ill JUlie of 19:.1:.1;
and,
WHEREAS, Roanoke County is legally required by the Code of Virginia to
file an acceptable Internet Use Policy with the Librarian of Virginia on or before
December 1, 1999.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the "INTERNET ACCESS POLICY & USE GUIDELINES" approved
and adopted by the Roanoke County Library Board and the Director of the
Roanoke County Libraries as of June, 1999, is hereby accepted and
approved as the official Internet Use Policy of the County of Roanoke.
2. That the Director of the Roanoke County Libraries is hereby directed to
file this Roanoke County Internet Use Policy with the Librarian of Virginia
by not later than November 1, 1999.
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
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September 28,1999
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IN RE:
REQUESTS FOR WORK SESSIONS
.1... Request for joint Work Session with the Planning Commission
on October 12 to discuss the Cluster Housing zoning
ordinance amendments. (Terry Harrington, County Planner)
The Work Session was scheduled for October 12, 1999.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file after discussion of Item 8.
The motion passed by unanimous voice vote with Supervisor McNamara absent.
1. General Fund Unappropriated Balance
2. Capital Fund UnappropriatedSalance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Accounts Paid - August, 1999
6. Proclamations signed by the Chairman
7. Revenues and Expenses for the two month period ended August
31,1999.
8. Settlement of
Corporation.
County of Roanoke v. Wayne Engineering
IN RE:
WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 4:30 p.m.
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September 28,1999
.1...
Report on Y2K Contingency Plans for the County of Roanoke
The Work Session was held from 5:00 p.m. to 5:30 p.m. Mr. Hodge
reported that the County staff had met with schools, and Roanoke City and Salem staff
to look at other Y2K aspects such as the potential Y2K affects on water supplies,
power, and other essential services. Assistant Administrator Don Myers introduced the
members of the Y2K team that will develop plans to deal with critical services such as
public health and emergency services.
MIS Director David Chandler advised that there is only one application left
to test and there are no systems that are vulnerable. Mr. Myers reported that the team
met with American Electric Power and Roanoke Gas, and AEP informed them that they
anticipate that 99.8% of their electricity will be working. Utility Director Gary Robertson
advised that they can supply water for up to three days.
Mr. Chambliss reported that the Regional Emergency Services is using
the Emergency Operations Plan adopted by the Board, and that they are investigating
the use of shelters such as the VA facilities and Civic Centers. Community Relations
Director Anne Marie Green reported on plans to inform the public.
IN RE:
CLOSED MEETING
Supervisor Johnson moved to go into Closed Meeting pursuant to Code of
Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff
members. Probable litigation with Rising Star Camp; and 2.1-344 A (1) personnel
matter, grievance in the Sheriff's Office; AND 2.1-344 A (3) acquisition of real estate.
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September 28,1999
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The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson
NAYS: None
ABSENT: Supervisor McNamara
EVENING SESSION (7:00 P.M.)
IN RE:
CERTIFICATION RESOLUTION
R-092899-9
Supervisor Johnson announced that he did not participate in the
discussion of the acquisition of real estate, that the Closed Meeting was held from 4:00
p.m. to 5:00 p.m., and moved to return to Open Meeting and adopt the Certification
Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 092899-9 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.
602
September 28,1999
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 Johnson to adopt the resolution; that
Supervisor Johnson did not participate in discussion of acquisition of real estate; and
carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
.1... Resolution oLCongratulations...to....truLRoanoke Star Girls U14
Soccer Team 1øLtheir achievements in the Gothia Club in
Sweden and the Brondby-.Cup in Denrnar\{.
R-092899-10
The resolution was accepted by Coach Lang Wedemeyer and the
members of the team. Supervisor Minnix moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
~,
September 28,1999
603
-
RESOLUTION OQ2899-10 OF CONGRATULATIONS TO
THE ROANOKE STAR GIRLS U14 SOCCER TEAM FOR
THEIR ACHIEVEMENTS IN THE GOTHIA CUP IN
SWEDEN AND BRONDBY CUP IN DENMARK
WHEREAS, the Roanoke Star Girls U14 soccer team recently participated
in two international tournaments; and
WHEREAS, the team first attended the Gothia Cup in Gothenberg,
Sweden, which is the largest youth tournament in the world, with teams participating
from over 70 different countries; and
WHEREAS, at the Gothia Cup, the girls advanced as the #1 team in their
division through four rounds, before losing to the #2 team in the last seven minutes of
play; and
WHEREAS, the Roanoke Star Girls U14 soccer team then played at the
Brondby Cup in Brondby, Denmark, where they won the "A" Division tournament
without losing a game and outscoring their opponents 20-2; and
WHEREAS, the Roanoke Star Girls U14 soccer team is the first team from
the Valley to win an "A" Division tournament, and the first Girls team to advance in the
Gothia Cup "An division; and
WHEREAS, all the team members played outstanding games, especially
the defense, led by goalie Mary Dodson, which allowed only 4 goals during the entire
trip.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board
of Supervisors does hereby congratulate the members of the Roanoke Star Girls U14
soccer team: Jeni Banning, Andrea Demarco, Mary Dodson, Danielle Greco, Elizabeth
Hale, Lindsay Leffler, JoJo Mirenda, Dani Poe, Lindsay Schaffer, Carlie Smith, Ariel
Thompson, Clair VanBuren, Sacsha Whitenack, Maya Chapman, Brynn Angel, Amy
Lawrence, Coach Lang Wedemeyer, and Coach Hunter Balmer, for their outstanding
showing at the Gothia Cup and the "An Division win at the Brondby Cup, and
BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby
extend its appreciation for the sportsmanship, skill and team effort that the U14 team
demonstrated as representatives of the Roanoke Valley.
On motion of Supervisor Minnix to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
PUBLIC HEARINGS
.1... Public hearing and adoption of a resolution for the issuance of
Virginia Public School Authority Bonds of $6,920,000 to
/
6.04
September 28,1999
finance South County High School Land/A&E, High School
Science Lab Renovations, and Glenvar Middle A&E. (Penny
Hodge, Assistant Finance Director)
R-092899-11
Mr. Hodge explained that on August 19, 1997, the Board authorized the
School Board to proceed with Phase 1 of the School Capital Improvement Program as
outlined in the revised Blue Ribbon Committee report. Included in the Phase 1
recommendations were the construction of a new high school in South County,
renovations to Cave Spring High, Northside High, and Glenvar High science labs, and
renovation of the Glenvar Middle School. The Board approved temporary advances to
begin construction on these projects. Included in the planned VPSA borrowing are:
$5,030,000 for the New South County High School; $1,719,828 for the Science Lab
Renovations, and $164,000 for Glenvar Middle School A&E, for a total of $6,913,828.
Following a discussion with School Superintendent Deanna Gordon on
the cost, funding and scope of the renovations to Glenvar Middle School, Supervisor
Harrison moved to adopt the resolution. The motion carried by the following recorded
vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 092899-11 AUTHORIZING THE ISSUANCE OF
$6,920,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
~,
September 28,1999
605
COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM
AND DETAILS THEREOF
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 not
to exceed $6,920,000 and to issue its general obligation school bonds to finance certain
capital projects for school purposes.
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 (the
"Virginia Code"), on September 28,1999 on the issuance of school bonds in an amount
not to exceed $6,920,000.
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:
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 an aggregate principal amount not to exceed $6,920,000
(the "Bonds") for the purpose of financing certain capital projects for school purposes.
The Board hereby authorizes the issuance and sale of the Bonds in the form and upon
the terms established pursuant to this Resolution.
Sale of the Bonds. It is determined to be in the best interest of the County
to accept the offer of the Virginia Public School Authority (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 the Bond Sale
Agreement, dated as of October 12 1999, with the VPSA providing for the sale of the
Bonds to the VPSA in substantially the form on file with the County Administrator, which
form is hereby approved ("Bond Sale Agreement").
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 1999"; shall bear interest from the date of delivery thereof payable semi-
/
60-6
September 28,1999
r=
annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning
July 15, 2000, at the rates established in accordance with paragraph 4 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 4 of this Resolution. The
Interest Payment Dates and the Principal Payment Dates are subject to change at the
request of VPSA.
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. 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
Dates 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 one 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 8 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.
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.
PaymEmL 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
~
September 28,1999
607
(c) Crestar Bank, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Bonds.
Prepayment or Redemption. The Principal Installments of the Bonds held
by the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which
the Bonds held by the VPSA may be exchanged that mature on or before July 15,
2010, are not subject to prepayment or redemption prior to their stated maturities. The
Principal Installments of the Bonds held by the VPSA coming due after July 15, 2010,
and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that
mature after July 15, 2010, are subject to prepayment or redemption at the option of the
County prior to their stated maturities in whole or in part, on any date on or after July
15, 2010, upon payment of the prepayment or redemption prices (expressed as
percentages of Principal Installments to be prepaid or the principal amount of the Bonds
to be redeemed) set forth below plus accrued interest to the date set for prepayment or
redemption:
Dates
Prices
July 15, 2010 to July 14, 2011, inclusive ....................
July 15, 2011 to July 14, 2012, inclusive ....................
July 15, 2012 and thereafter .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102%
101
100;
Erovided, bowever, that the Bonds shall not be subject to prepayment or redemption
prior to their stated maturities as described above without first obtaining the written
consent of the registered owner of the Bonds. Notice of any such prepayment or
redemption shall be given by the Bond Registrar to the registered owner by registered
mail not more than ninety (90) and not less than sixty (60) days before the date fixed for
prepayment or redemption. The County Administrator is authorized to approve such
other redemption provisions: including changes to the redemption dates set forth
above, as may be requested by the VPSA.
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.
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 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
608
September 28,1999
'=
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.
Use of Proceeds Certificate' Non-Arbitrage Certificate. The Chairman of
the Board and the County Administrator 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.
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 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 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.
Continuing Disclosure Agreement. The Chairman of the Board and the
County Administrator, 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 a MOP (as defined in the Continuing Disclosure
Agreement).
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.
'"
September 28,1999
609
=
Further Actions. The County Administrator, the Chairman of the Board,
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 the
Chairman of the Board 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.
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
28, 1999, 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.
On motion of Supervisor Harrison to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
General Obligation School Bond
Series 1999
The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC
SCHOOL AUTHORITY the principal amount of Six Million Nine Hundred Twenty
Thousand Dollars ($6,920,000), in annual installments in the amounts set forth on
Schedule I attached hereto payable on July 15, 2000 and annually on July 15 thereafter
to and including July 15, 2019 (each a "Principal Payment Date"), together with interest
from the date of this Bond on the unpaid installments, payable semi-annually on
January 15 and July 15 of each year commencing on July 15, 2000 (each an "Interest
Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the
rates per annum set forth on Schedule I attached hereto, subject to prepayment or
redemption as hereinafter provided. Both principal of and interest on this Bond are
payable in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered Owner of this
Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall
/
610
September 28,1999
~
make all payments of principal, premium, if any, and interest on this Bond, without
presentation or surrender hereof, to the Virginia Public School Authority, in immediately
available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for
prepayment or redemption. If a Payment Date or date fixed for prepayment or
redemption is not a business day for banks in the Commonwealth of Virginia or for the
Comrnonwealth of Virginia, then the payment of principal, premium, if any, or interest on
this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment
or redemption. Upon receipt by the registered owner of this Bond of said payments of
principal, premium, if any, and interest, written acknowledgment of the receipt thereof
shall be given promptly to the Bond Registrar, and the County shall be fully discharged
of its obligation on this Bond to the extent of the payment so made. Upon final
payment, this Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of
the principal of and the premium, if any, and interest on this Bond. The resolution
adopted by the Board of Supervisors authorizing the issuance of the Bonds provides,
and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that
there shall be levied and collected an annual tax upon all taxable property in the County
subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without
limitation as to rate or amount and shall be 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.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance
Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and
resolutions duly adopted by the Board of Supervisors of the County and the School
Board of the County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice
from the Virginia Pubiic School Authority at the office of the Bond Registrar on one or
more occasions for one or more temporary bonds or definitive bonds in marketable form
and, in any case, in fully registered form, in denominations of $5,000 and whole
multiples thereof, and having an equal aggregate principal amount, having principal
installments or maturities of and the interest rates on the installments of principal of this
Bond then unpaid. This Bond is registered in the name of the Virginia Public School
Authority on the books of the County kept by the Bond Registrar, and the transfer of this
Bond may be effected by the registered owner of this Bond only upon due execution of
an assignment by such registered owner. Upon receipt of such assignment and the
surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive
Bonds as hereinabove provided, such definitive Bonds to be registered on such
registration books in the name of the assignee or assignees named in such
assignment.
The principal installments of this Bond coming due on or before July 15, 2010,
and the definitive Bonds for which this Bond may be exchanged that mature on or
",
September 28,1999
ill
before July 15, 2010, are not subject to prepayment or redemption prior to their stated
maturities. The principal installments of this Bond coming due after July 15, 2010, and
the definitive Bonds for which· this Bond may be exchanged that mature after July 15,
2010, are subject to prepayment or redemption at the option of the County prior to their
stated maturities in whole or in part, on any date on or after July 15, 2010, upon
payment of the prepayment or redemption prices (expressed as percentages of
principal installments to be prepaid or the principal amount of the Bonds to be
redeemed) set forth below plus accrued interest to the date set for prepayment or
redemption:
Dates
B:iœs
July 15, 2010 to July 14, 2011, inclusive....................
July 15, 2011 to July 14,2012, inclusive ....................
July 15, 2012 and thereafter. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
102%
101
100;
Provided, however, that the Bonds shall not be subject to prepayment or redemption
prior to their stated maturities as described above without the prior written consent of
the registered owner of the Bonds. Notice of any such prepayment or redemption shall
be given by the Bond Registrar to the registered owner by registered mail not more
than ninety (90) and not less than sixty (60) days before the date fixed for prepayment
or redemption.
All acts, conditions and things required by the Constitution and laws of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been performed in due time, form
and manner as so required, and this Bond, together with all other indebtedness of the
County, is within every debt and other limit prescribed by the Constitution and laws of
the Commonwealth of Virginia.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
.1...
Second reading of ordinance to rezone approximately 33 acres
from' AR to R-1 with conditions to construct a single family
subdivision, located adjacent to Merriman Road near the Blue
Ridge Parkway, Cave. Spring Magisterial District, upon the
petition of Don Bandy. (Terry Harrington, COUl' ty Planner)
0-092899-12
"
632
September 28,1999
1=
Mr. Harrington reported that this is a conditional request to rezone 32.35
acres from AR to R1, Low Density Residential. A forty-five lot subdivision served by
public water and sanitary sewer is proposed. The site lies within the Development
future land use designation in the Community Plan. The proposal is consistent with the
policies and guidelines of the plan. The petitioner has proffered conformance with a
concept plan dated July 13, 1999 and architectural guidelines for homes which could
possibly be visible from the Blue Ridge Parkway. The Planning Commission
recommended approval with two proffered conditions.
There were no citizens to speak, and Supervisor Minnix moved to adopt the
ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 092899-12 TO CHANGE THE
ZONING CLASSIFICATION OF APPROXIMATELY
33 ACRES OF REAL ESTATE LOCATED
ADJACENT TO MERRIMAN ROAD NEAR THE
BLUE RIDGE PARKWAY (TAX MAP NO. 97.03-2-2)
IN THE CAVE SPRING MAGISTERIAL DISTRICT
FROM THE ZONING CLASSIFICATION OF AR TO
THE ZONING CLASSIFICATION OF R-1 WITH
CONDITIONS UPON THE APPLICATION OF DON
BANDY
WHEREAS, the first reading of this ordinance was held on August 24,
1999, and the second reading and public hearing were held September 28,1999; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 7, 1999; and
WHEREAS, legal notice and advertisement has been provided as
~,
September 28,1999
üJ
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real estate
containing approximately 33 acres, as described herein, and located adjacent to
Merriman Road near the Blue Ridge Parkway (Tax Map Number 97.03-2-2) in the
Cave Spring Magisterial District, is hereby changed from the zoning classification of AR,
Agriculture/Residential District, to the zoning classification of R-1, Low Density
Residential District. .
2. That this action is taken upon the application of Don Bandy.
3. ThaUhe owner of the property has voluntarily proffered in writing
the following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(a) That the property will be developed for a single-famiiy
residential subdivision in substantial conformity with the
. development plan prepared by Lumsden Associates under
. date of July 13, 1999.
(b) That the architectural design guidelines for Lots 20 through
Lots 25, Merriman Manor, attached hereto as Exhibit A, shall
be incorporated for Lots 20 through 25. (See attachment)
4. That said real estate is more fully described as follows:
BEGINNING at an iron on the westerly side of Va. Sec. Rt. 613 corner to
Mae Hunley property (DB 727, page 292); thence with the westerly side of
Rt. 613 along the arc of a circle to the left whose radius is 1422.24 feet
and whose chord is S 24 0 03' 33" W 245.37 feet, to an arc distance of
245.67 feefto a point; tnence S 19 0 06' 45" W 370.56 feet to a point on
the westerly side of existing Rt. 613; thence with the line of the same S 49
o 05' W 105.28 feet to a point; thence S 36 0 00' W 115.73 feet to an iron;
thence leaving Rt. 613 and with the northerly line of R. P. Shepherd
property S 56 0 17' 36" W 378.93 feet to an old pin; thence with the line of
the Stanley property N.60 0 30' 24" W 897.16 feet to an old pipe on line of
Beasley próperty; thence with the line of Beasley property N 56 0 01' E
217.60 feet to a point by a corner post; thence N 36 0 17' W 435.09 feet to
. a pin set; thence still with the line of Beasley property, N 53 0 43' E 786.43
feetto a pin set by a corner post; thence with the southerly line of J. J.
Wilkerson property S. 81 0 07' 30" E 506.50 feet to a point; thence S 48 0
58' 40" E 540.87 feet to the BEGINNING and containing 32.35 acres and
being shown on map made by T. P. Parker & Son, E&S, dated 5/31/74.
5. 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
D1J.
September 28,1999
zoning classification authorized by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance. and carried by
the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
2.. Second reading of ordinance to rezone 98 acre from R-3 to C-
1 with condillons to eJ{ 2aOd an existing clubhouse, located at
4231 Garst Mill Road, Windsor Hills Magisterial District, upon
the petition of Roanoke Rebos, Inc. (Terry Harrington, County
Planner)
0-092899-13
Mr. Harrington reported that Roanoke Rebos is requesting the rezoning
to expand their existing clubhouse. The Planning Commission recommended approval
with four proffered conditions. Mr. Harrington explained that there is revised ordinance
pertaining to proffer (b) that the property shall be approved for use as a civic club only
and other uses shall require a rezoning.
There were no citizens to speak, and Supervisor Johnson moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
- -------.......
September 28,1999
615
ORDINANCE 092899-13 TO CHANGE THE ZONING
CLASSIFICATION OF A .98-ACRE TRACT OF
REAL ESTATE LOCATED AT 4231 GARST MILL
ROAD (TAX MAP NO. 77.05-6-17) IN THE
WINDSOR HILLS MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF R-3 TO THE
ZONING CLASSIFICATION OF C-1 WITH
CONDITIONS UPON THE APPLICATION OF
ROANOKE REBOS, INC.
WHEREAS, the first reading of this ordinance was held on August 24,
1999, and the second reading and public hearing were held September 28, 1999; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 7, 1999; and
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real estate
containing .98 acre, as described herein, and located at 4231 Garst Mill Road (Tax
Map Number 77.05-6-17) in the Windsor Hills Magisterial District, is hereby changed
from the zoning classification of R-3, Medium Density Residential District, to the zoning
classification of C-1, Office District.
2. That this action is taken upon the application of Roanoke Rebos,
Inc.
3. That the owner of the property has voluntarily proffered in writing
the following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(a) The property shall be used only for the activities and offices
of Roanoke Rebos or those accessory associations affiliated
with the organization.
(b) The property shall be approved for use as a civic club only.
Other uses require a rezoning.
(c) During construction of the new structure, removal of the
existing trees shall be minimized.
(d) The overall appearance of the new structure shall be
residential in character.
4. That said real estate is more fully described as follows:
BEGINNING at the southwesterly intersection of Halevan Road with Garst
Mill Road; thence with the easterly right of way of Garst Mill Road and
with a curve to the right an arc distance of 405.94 feet to the true point of
BEGINNING; thence continuing with the westerly right of way line of Garst
Mill Road, and with a curve to the right whose delta angle is 12 005' 07"
/
616
September 28,1999
and whose radius is 1120.92 feet, and whose arc distance is 236.43 feet
to a chord bearing and distance of s 16046' 20" w 235.99 feet to an iron
pin; thence leaving the said Garst Mill Road, N 78 0 26' 45" W 190.46 feet
to an iron pin; thence N 15" 42' 23" E 200.00 feet to an iron pin; thence
with a new division line through the land of A. R. Coffey & Sons, Inc. S 88
o 39' 00" E 200.62 feet to an iron pin marking the true point of
BEGINNING, and containing 0.9825 acres.
5. 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 dirécted 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:
A YES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: None
ABSENT: Supervisor McNamara
'~:...
3..
Second reading of an ordinance vacating and closing an
~
unimproved and _unused portion of right-of-way known as
Cave Spring lane in Section 3, Nottingham Hills Subdivision,
recorded in Plat SO.ok 7. Page 32 and located in the Windsor
Hills. Magisterial District.
(Arnold Covey, Community
Development Director)
0-092899=H
Mr. Harrington advised that the only change since the first reading is that
the County reserves the right to use the easement as a greenway. There were no
citizens present to speak.
SuperviSbr Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
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September 28,1999
6J7
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 092899-14 VACATING AND CLOSING AN
UNIMPROVED AND UNUSED PORTION OF RIGHT-OF-WAY
KNOWN AS CAVE SPRING LANE IN SECTION 3, NOTTINGHAM
HILLS SUBDIVISION SHOWN IN PLAT BOOK 7, PAGE 32,
SITUATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
OF ROANOKE COUNTY
WHEREAS, Ron F. Cave and Michele C. Cave, the Petitioners, have
requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close
as public right-of-way an unimproved and unused portion of Cave Spring Lane, being
50 feet in width and extending approximately 158.31 feet in an eastern direction from
the eastern cul-de-sac of Cave Spring Lane, shown and dedicated on the plat entitled
"MAP OF SECTION 3, NOTTINGHAM HillS", recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 7, Page 32; and,
WHEREAS, Ron F. Cave and Michele C. Cave are the owners of Lot 9,
Block 10, Section 3, Nottingham Hills (Plat Book 7, page 32), designated on the
Roanoke County Land Records as Tax Map No. 76.20-5-22, said parcel of land being
adjacent to the south side of the subject portion of right-of-way; and,
WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended)
requires that such action be accomplished by the adoption of an ordinance by the
governing body; and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on
September 14, 1999; the public hearing and second reading of this ordinance was held
on September 28, 1999.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That an unimproved and unused portion of right-of-way, situate in the
WINDSOR HILLS Magisterial District and known as Cave Spring Lane, being 50' in
width and extending approximately 158.31 feet in an eastern direction from the eastern
cul-de-sac of Cave Spring Lane, as shown and dedicated on the plat entitled "MAP OF
SECTION 3, NOTTINGHAM HillS", recorded in the aforesaid Clerk's Office in Plat Book 7,
Page 32, and as more specifically shown on Exhibit A attached hereto, be, and hereby
is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as
amended), subject to the following conditions:
Q1S
September 28,1999
a.
That a perpetual water, sewer, drainage, greenway and
public miliW easement, fifty feet (50') in width, and extending
easterly from the eastern cul-de-sac of Cave Spring Lane a
distance of approximately 158.31 feet, to construct, install,
improve, operate, inspect, use, maintain, remove, monitor,
repair or replace present or future water, sewer, drainage, or
public utility lines, pipes, courses, ditches, facilities, systems
and other necessary or related structures, appurtenances
and .improvements, together with the right of ingress and
egress thereto from a public road, is hereby reserved and
retained. The location of said easement is shown and
designated as "RIGHT OF WAY TO BE VACATED AND TO
REMAIN A 50' WATER, SEWER, DRAINAGE, GREENWAY
AND PUBLIC UTILITY EASEMENT" on the 'Map Showing
Area To Be Vacated - Tax Map No. 76.20-5-22', prepared by
the Roanoke County Department of Community
Development, attached hereto as Exhibit A and made a part
hereof.
b.
That fee simple title to the subject portion of Cave Spring
Lane, located on the periphery of the plat entitled "MAP OF
SECTION 3, NOTTINGHAM HillS", shall vest in the owner of the
abutting lot as provided in §15.2-2274 of the Code of
Virginia (1950, as amended), subject to the reservation of
easements described in subparagraph a. above, and subject
to the condition that the vacated area of land shall be added
and combined, by deed or by plat, with said abutting
property, in compliance with the Roanoke County
Subdivision. and Zoning Ordinances, and other applicable
laws and regulations.
c.
That all costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the
responsibility of the Petitioner; and,
2. That the County Administrator, an Assistant County Administrator,
or any County Subdivision Agent is hereby authorized to execute such documents and
take such actions as may be necessary to accomplish the provisions of this ordinance,
all of which shall be on form approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
--...,.,
September 28,1999
619
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
4. Second reading of ordinance to vacate a m¡¡jor portion of a 20-
foot water line easement across property of Liberty Property
Development Corporation at Valley Park Center, Valleypointe
(Tax Map No. 37.07-1-16, 16.1 and 17) located in the Hollins
Magisterial District. (Arnold Covey, Community Development
Director)
0-092899-15
Mr. Harrington reported there was no changes since. the first reading.
There were no citizens present to speak.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Minnix, Nickens, Harrison, Johnson,
NAYS: None
ABSENT: Supervisor McNamara
ORDINANCE 092899-15 TO VACATE A MAJOR PORTION OF A
20-FOOT WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33,
(RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18,
PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS
PROPERTY OF LIBERTY PROPERTY DEVELOPMENT
620
September 28,1999
::........:
CORPORATION AT VALLEY PARK CENTER, VALLEYPOINTE
(TAX MAP NO. 37.07-1-16, 16.1 AND 17), LOCATED IN THE
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by plat entitled 'PLAT SHOWING NEW TRACTS 1 D, 1 E, 1 F,
3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG.
149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated
September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 12, page 33, a twenty-foot (20') water line easement was
dedicated on New Tract 3B, New Tract 4A, and the remaining portion of Tract #3, the
subject easement being designated on said plat as "NEW 20' WATER LINE
EAS5MENT"; and,
WHEREAS, the subject easement is further shown on Tract 3B, New
Tract 3D and Tract 4A on plat entitled 'PLAT SHOWING THE COMBINATION AND
RESUBDIVISION OF TRACT #2 (0.644 ACRES)....CREATING NEW TRACT 3D,
10.644 ACRES AND NEW TRACT 3E, 5.955 ACRES, PROPERTY OF LINGERFELT
DEVEL.OPMENT CORPORATION, PROPERTY OF GESTALT PROPERTIES, L.P....',
~, dated January 19,1994, and recorded in the aforesaid Clerk's Office in Plat Book 16,
page 56; and,
WHEREAS, the subject easement is further shown on Tract 3B, New
Tract 3D-1, and Tract 4A on plat entitled 'PLAT SHOWING THE RESUBDIVISION OF
TRACT 3D (10.644 ACRES), TRACT 1 D1 (2.473 ACRES), AND TRACT 3E (5.955
¡If ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP....', dated
December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page
97; and,
WHEREAS, the subject easement is further shown on Tract 3B, New
Tract 3D-1A, and New Tract 4A-1 on plat entitled 'PLAT SHOWING THE
RESUBDIVISION OF TRACT 3D-1 (9.192 ACRES), TRACT 4A (2.764 ACRES),
TRACT 3E-1 (6.399 ACRES) AND TRACT 2C (0.168 ACRES) PROPERTY OF
LIBERTY PROPERTY DEVELOPMENT CORP. CREATING HEREON NEW TRACTS
3D-1A (4.424 ACRES), 4A-1 (2.733 ACRES), 3E-1A (11.238 ACRES)...', dated
September 6, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page
40; and,
WHEREAS, the Petitioner, Liberty Property Development Corporation, is
the current owner of the properties where the above-described easement is located,
and has requested that the 20' water line easement, or portions thereof, be vacated;
and,
WHEREAS, the water line has been removed and the easement is no
longer needed and the Petitioner has requested that a portion of the easement be
vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and,
WHEREAS, this vacation will not involve any cost to the County and the
affected County departments have raised no objection; and,
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September 28,1999
621
-
WHEREAS, notice has been given as required by § 15.2-2204 of the
Code of Virginia (1950, as amended), and the first reading of this ordinance was held
on September 14,1999, and the second reading of this ordinance was held on
September 28, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the water line easement being designated and shown as
"Existing Water Line Easement to be vacated from Point A to Point B" on Exhibit A
attached hereto, said easement having been dedicated on 'PLAT SHOWING NEW
TRACTS 1 D, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS
3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG.
184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 12, page 33, and further shown on
resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat
Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and
hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended),
subject to the conditions contained herein.
2. That ail costs and expenses associated herewith, including but not
limited to publication, survey and recordation costs, shall be the responsibility of the
Petitioner.
3. That the County Administrator, or an Assistant County
Administrator, is hereby authorized to execute such documents and take such actions
as may be necessary to accomplish the provisions of this ordinance, all of which shall
be on form approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with § 15.2-2272.2 of the
Code of Virginia (1950, as amended).
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
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Steve Jacobs, 4840 Pleasant Hill Drive, expressed concern
about the impact to the neighborhood of the access road to the new South County high
school. He presented several alternatives to the proposed access road.
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622
September 28,1999
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Harrison announced that there have been two successful
events at Green Hill Park recently: (1) the Mud Run which drew 1800 participants, and
(2) the annual Polo Cup sponsored by the Roanoke Symphony.
S_upe.lYis.or Nickens: (1) Asked for an update in October on changes to
the refuse collection. (2) Advised that he had requested the United Way to develop a
proposal to handle Roanoke County's funding of human service agencies. He asked
staff to analyze the proposal that he has received. (3) Advised that he has received a
response from Granger MacFarlane concerning use of Back Creek as a water source.
He reported that the residents in the Bandy Road area are concerned and assured
them that the County will protect their interests while still abating the water crisis.
Supervisor Johnson:_(1) Reminded everyone that there is plenty of
water, and that the problem is water distribution. (2) Announced that there were two
special events recently: (a) the ribbon cutting at the Senior Center at Walrond Park; and
(b) the ground breaking at the Regional Fire Training Center. (3) Announced that the
new Lowes opening is scheduled for October 13.
Supervisor Minnix: Advised there was also a ground breaking ceremony
at the new South County Park which will be an asset to the community.
INRE:
ADJOURNMENT
Chairman Johnson adjourned the meeting at 7:55 p.m.
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September 28.1999
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Submitted by:
Approved By:
'-/rZC~2--<.-r ..fi:/ Q' ~ ¿ ¿-?<./
Mary H. Allen, CMC/AAE
Clerk to the Board
, '
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September 28,1999
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