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Home My WebLink About9/22/1998 - Regular ---- September 22,1998 617 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 22, 1998 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, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None , 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 INRE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Deputy Assistant for Citizen Services. The Pledge of Allegiance was recited by all present. 618 September 22,1998 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Resolution of aooreciation uoon the retirement of Carolyn Broyles. County Garage. R-092298-1 Chairman Johnson presented the resolution to Carolyn Broyles. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 092298-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CAROLYN F. BROYLES, COUNTY GARAGE "', WHEREAS, Carolyn F. Broyles was first employed by the Roanoke County School System on October 1, 1972, and since June 30, 1997, has served as a Customer Service Representative at the County Garage; and WHEREAS, Carolyn F. Broyles was very instrumental in the implementation of several computerized fleet maintenance programs during her years of service with the Roanoke County Schools; and WHEREAS, Carolyn F. Broyles is highly respected by her co-workers in the Transportation Department for her personality, dedication and teamwork; and WHEREAS, Carolyn F. Broyles retired from Roanoke County on September 1, 1998, after over twenty five years of services; and WHEREAS, Carolyn F. Broyles, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CAROLYN F. BROYLES for over twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson September 22, 1998 619 - NAYS: None INRE: NEW BUSINESS 1.. Request for authorization to purchase portable scales for truck weight violations and aporopriation of funds. (Ray Lavinder. Police Chief! A-092298-2 Chief Lavinder explained that currently a significant number of trucks take alternate routes to avoid using the truck scales on Interstate 81. This creates safety hazards, increased damage to local roads, and a loss of revenue for the state. State law now permits local agencies to conduct overweight enforcement activities. Additionally, the local government may keep any fines from the violations. The portable scales were in operation for two days in August and resulted in 74 violations at Alternate Route 220 and 49 violations at Route 11 at Hollins. Chief Lavinder advised that the cost of the scales is $30,000 and training in the scale operation is $2,000. Funding would be provided by the Police Department budget with revenue from the enforcement activity diverted to the Police Department until such time as the $32,000 was reimbursed. In response to questions, Chief Lavinder explained that the fines will be paid to the Division of Motor Vehicles who bills the trucking companies. The revenue will then be allocated to Roanoke County. Supervisor Johnson moved to approve the purchase and appropriation. The motion carried by the following recorded vote: 620 September 22, 1998 - AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None 2. Desianation of voting representative at the Virginia Association of Counties (VACo) Annual Meeting. (Elmer C. Hodae. County Administrator) A-092298-3 Mr. Hodge advised that Roanoke County must designate a representative from the Board of Supervisors to represent the County at their annual meeting on November 10. Supervisor Nickens has indicated he plans to attend the conference, and suggested that either Supervisor Nickens or another member who plans to attend should be designated. He also advised that he has been contacted by VACo, requesting that a member of the Board consider serving on the VACO Board of Directors. Supervisor Nickens explained that he is serving on the Finance Committee and that Zane Jones, from Craig County, is our representative. He suggested checking ~, on whether Mr. Jones is eligible or interested in serving another term. Supervisor Johnson moved to designate Supervisor Nickens as the Roanoke County representative at the VACo annual meeting. The motion carried by a unanimous voice vote. 3. Dismissal of Admissions Tax Litiaation. Roanoke Lodae #284. Loval Order of the Moose. and Authorization of Refund. (Paul ---.----.----------- September 22,1998 621 - Mahonev. County Attorney) A-092298-4 Mr. Mahoney reported that in 1991, the Board adopted Section 21-5 of the Roanoke County Code which levied an admissions tax on the price of admission for any public amusement, entertainment, and other similar events with exceptions for charitable or school events. The Commissioner of the Revenue assessed an admissions tax against the Roanoke Lodge #284 based on the admission fees they charged. The Moose Lodge denied liability for this tax. In February 1997, William Maxwell, Esq. was retained to assist the County to collect the assessed but unpaid admissions taxes. Mr. Maxwell has reported that based upon his review of the facts and law, this assessment and case cannot be successfully prosecuted and he recommends dismissal of the litigation. The refund of the admissions taxes paid by the Vinton Moose Lodge since 1991 totals $7,460.19. Mr. Mahoney recommended that the Board dismiss the litigation and refund all admissions taxes paid by the Vinton Moose Lodge since 1991. Supervisor Nickens moved to approve the staff recommendation. The motion " carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second 622 September 22,1998 - readings and public hearings for October 27, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1.. Ordinance authorizing a Special Use Permit to construct a 100 ft. cellular monoDole tower and support building. located on Catawba Vallev Drive. 0.75 mile west of Oakey-Dolon Rd.. Catawba Magisterial District. UDon the petition of U. S. Cellular. 2. Ordinance authorizina a Special Use Permit to oDerate a bed and breakfast from an existina home. located at 5209 Catawba Valley Drive. Catawba Maaisterial District. UDon the petition of David and Lucy Downs. 3. Ordinance authorizing a SDecial Use Permit to develop and oDe rate a used automobile dealership. located in the 3100 block of Brambleton Avenue. Windsor Hills Maaisterial District. UDon the petition of Mark Houah. 4. Ordinance on a proposal of the Roanoke County Planning Commission to amend and re-enact Section 30-28. 30-29-7 and 30-87-2 of the Roanoke County Zonina Ordinance to adopt new standards Dertainina to the development of broadcastina towers within Roanoke County. IN RE: SECOND READING OF ORDINANCES 1.. Second reading of ordinance authorizina creation of and financing for a local public works improvement proiect: North Road sewer Droiect. (Gary Robertson. Utility Director} 0-092298-5 Mr. Robertson advised that there have been changes since the first reading ""',-- September 22,1998 623 of the ordinance because another property owner, Eleanor Duncan, is considering participating which will also require an easement across the Blevins property. If the change is made, the total cost will be $51,750, with $40, 250 paid by the property owners. In response to a question from Supervisor Harrison, Mr. Robertson advised that the property owners have 60 days from adoption of the ordinance to make a final decision. Supervisor Harrison moved to adopt the ordinance with changes to include the addition of the Duncan property and to secure an easement on the Blevins property. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 092298-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, NORTH ROAD SANITARY SEWER EXTENSION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS " WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the North Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along North Road. The total construction 624 September 22, 1998 "-' cost of this public sewer project is estimated to be $46,000.00, to be initially financed as follows: Citizen Participation (7 x $5,750) $51,750 Advance from Public Works Participation Fl.M}d $11,500 That there is hereby appropriated for this project the sum of $11 ,500 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Preliminary Plan North Road Sanitary Sewer prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The North Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $7,187 toward construction costs plus the off-site facility fee in effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $6,500 per property owner/residential connection ($5,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1 ,500 down and financing the remaining $5,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. - September 22,1998 625 - 4. That the payment by citizens in the project service area, in excess of the six (6) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) and William D. And Mary Ann Blevins (Tax Map No. 35-04-2-9 and/or Tax Map No. 35-04-2-10) as shown on Exhibit 1. 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance with changes to include Duncan property and secure easement on Blevins property, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second readina of an ordinance authorizing creation of and financing for a local public works improvement Droiect: Belle Haven sewer proiect. (Gary Robertson. Utility Director) 0-092298-6 There was no discussion and no citizens to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 092298-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, 626 September 22,1998 - BELLE HAVEN ROAD SANITARY SEWER EXTENSION, AND AUTHORIZING THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Belle Haven Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: , 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along Belle Haven Road. The total construction cost of this public sewer project is estimated to be $82,000.00, to be initially financed as follows: Citizen Participation (8 x $4,750) $38,000 Advance from Public Works Participation Fund $44,000 That there is hereby appropriated for this project the sum of $44,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Belle Haven Road Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The Belle Haven Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1 ,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,937 toward construction costs plus the off-site facility September 22,1998 627 - fee in effect at the time of connection (currently $1 ,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $5,500 per property owner/residential connection ($4,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1 ,500 down and financing the remaining $4,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the eight (8) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Belle Haven Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER 26.12-1-25 McDaniel 26.12-1-24 Booze 26.12-1-16 Rasnick 26.12-1-17 Andrews 26.12-1-18 Garst 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and 628 September 22,1998 - 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 8. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 9. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of an ordinance authorizinq the County Administrator to execute a lease aareement on behalf of Roanoke County for one acre of property at HapDv Hollow Park. (Pete Haislip. Parks and Recreation Director) 0-092298-7 Mr. Haislip advised that the property was advertised for lease for 10 days. They received 10 inquiries and one offer to rent. The property will be rented for $400 per month which is consistent with the appraisal of the property. Supervisor McNamara moved to adopt the ordinance leasing to Andrew Bailey with rental income placed in the Parks Ground Maintenance Budget. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 092298-7 AUTHORIZING THE LEASE OF THE HOUSE AND ONE ACRE OF REAL ESTATE, EXCLUDING THE GUEST HOUSE, (TAX MAP NO. 75.00-2-36) LOCATED AT HAPPY HOLLOW PARK September 22, 1998 629 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein-described real estate was held on September 8, 1998; the second reading and public hearing on this matter was held on September 22, 1998; and 2. This property consists of approximately one acre of real estate with improvements, excluding the guest house, identified as Roanoke County Tax Map No. 75.00-2-36; and 3. That it is in the County's best interests to lease this property to Andrew Bailey in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Happy Hollow Park. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. That funds generated through the rental of this property be placed in the Parks Ground Maintenance Budget and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor McNamara to adopt the ordinance leasing to Andrew Bailey with rental income placed in the Parks Ground Maintenance Budget, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1. Grievance Panel Supervisor Nickens nominated Vincent Reynolds to serve another three year term which will expire September 10, 2001. IN RE: CONSENT AGENDA R-092298-8. R-092298-8.c Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: 630 September 22, 1998 - AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None Chairman Johnson asked Mr. Hodge to determine if the Consent Agenda could be displayed on the television screen by the Roanoke Valley Television Station during the meeting. RESOLUTION 092298-8 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 22, 1998, 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 4, inclusive, as follows: 1. Approval of improvements to Reavis Lane which serves as the entrance to the Lloyd Property. 2. Acceptance and appropriation of $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. 3. Resolution of appreciation upon the retirement of Douglas Jones, General Services. 4. Request from Schools to accept and appropriate $1,000 grant from the Virginia Department of Education. 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, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ......." September 22, 1998 631 - RESOLUTION 092298-8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DOUGLAS JONES, GENERAL SERVICES WHEREAS, Douglas Jones was first employed part time by Roanoke County on June 17, 1987; and since August 5, 1989, has worked full time as a custodian with the General Services Department; and WHEREAS, Douglas Jones was the recipient of numerous awards from the General Services Department; including Employee of the Year, Perfect Attendance for three consecutive years, Cleanest Building, and Most Dependable; and WHEREAS, Douglas Jones was also the recipient of two Extra Mile Club awards given by Roanoke County; and WHEREAS, Douglas Jones retired from Roanoke County on August 1, 1998, after eleven years of services; and WHEREAS, Douglas Jones, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DOUGLAS JONES for eleven years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: REQUESTS FOR PUBLIC HEARINGS , Supervisor Johnson asked if a public hearing for the Home Depot rezoning should be requested during the evening session. County Attorney Paul Mahoney advised the Board to delay this item until the evening session. Supervisor Harrison suggested that the Board hold the advertised public hearings before the item allowing citizen comments on the Home Depot rezoning. Chairman Johnson agreed. 632 September 22,1998 ~ Supervisor McNamara requested that the Board member comments also be delayed until the evening session. During the evening session, the Board scheduled a public hearing for October 13, 1998, at 7:00 p.m. for the rezoning petition for home Depot. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Minnix: He asked about amending the resolution establishing the rules of order so that any future reconsideration would include a public hearing at another meeting date. Mr. Mahoney responded that the resolution could be changed at the organizational meeting. Chairman Johnson also noted that four members could vote to suspend the rules if they chose to do so and that the rules of order are adopted every January. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Item 8. The motion carried by a unanimous voice vote. 1.. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School CaDital Reserve 5. Accounts Paid - August 31.1998 ~, September 22, 1998 633 = 6. Statement of Revenues and Expenditures as of August 31. 1998. 7. Proclamation sianed by the Chairman ª' Preliminary uDdate on year-end financial reports. INRE: WORK SESSIONS 1.. Discussion on proDosed early retirement packaae The work session was presented by Diane Hyatt and held from 3:45 p.m. until 4:50 p.m. Ms. Hyatt reported that after going out for bids, William M. Mercer, Inc. was selected to prepared an actuarial analysis of the proposed Early Retirement Program for Roanoke County and Roanoke County Schools. She presented the Board with the results of the study, a comparison of the current School Early Retirement Plan to the proposed plan, and examples of how the plan would work for teachers and administrators. Supervisor Johnson advised that the School Board feels there is a significant cost savings in the proposed plan. However, Supervisor Harrison remarked that the savings exist only if the Schools replace experienced teachers with new teachers with no experience. Ms, Hyatt also pointed out that the Schools will not generate any savings for nine years and these savings must be set aside in a trust. The savings generated from the current early retirement program are being used in the School's operating budget. Following discussion, Chairman Johnson announced that it appeared that the majority of the Board were not in support of moving forward with the proposed early retirement plan. Mr. Hodge asked if Ms. Hyatt should continue to work with the School 634 September 22, 1998 - Board on this issue. Ms. Hyatt responded that she will be discussing the two plans again with the School Board at their next meeting. IN RE: EXECUTIVE SESSION Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A (5) discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating in the community; and Section 2.1-344 A (7) consultation with legal counsel concerning specific legal matter, gainsharing contract with Town of Vinton. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-092298-9 , At 7:00 p.m., Supervisor Johnson moved to return to open session, announced that the Executive Session was held from 4:50 p.rn. until 5:25 p.m., and moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~, September 22,1998 635 RESOLUTION 092298-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting 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 McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS 1.. Public Hearina and adoDtion of a resolution on the issuance of Virginia Public School Authority bonds in the estimated , maximum amount of $7.965.000 to finance capital proiects for Bonsack Elementarv School. Burlinaton Elementary School. Clearbrook Elementarv School and Roof ReDlacements (Diane Hvatt. Finance Director} R-092298-10 Ms. Hyatt reported that on August 1, 1997, the Board authorized the School Board to proceed with Phase 1 of the School Capital Improvement Program as outlined in 636 September 22,1998 - the revised Blue Ribbon Committee Report. Included were construction of a new elementary school in the Bonsack area, renovations to Burlington Elementary and Clearbrook Elementary and roof replacements. Staff is recommending that a public hearing be conducted and that the Board adopt the resolution authorizing the issuance of Virginia Public School Authority 1998 Fall VPSA bonds for an amount not to exceed $7,965,000. There was no discussion and no citizens to speak on the issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 092298-10 AUTHORIZING THE ISSUANCE OF $7,965,000 GENERAL OBLIGATION SCHOOL BONDS OF THE 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 $7,965,000 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 22, 1998 on the issuance of school bonds in an amount not to exceed $7,965,000. 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: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation ~ September 22,1998 637 - school bonds of the County in an aggregate principal amount not to exceed $7,965,000 (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. 2. 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 99% 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 suclh 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 9, 1998, 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"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998A"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. PrinciDal 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%%) 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. 638 September 22, 1998 - 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Paving Aaent and Bond Reaistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. PreDayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, 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, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, 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, 2009, 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, 2009 to July 14, 2010, inclusive............. 102% July 15, 2010 to July 14, 2011, inclusive............. 101 July 15, 2011 and thereafter.......................... 100; .0 Provided, however, 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. 8. 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. , September 22,1998 639 ~ 9. PledQe 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 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. 10. 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. 11. State Non-Arbitrage ProQram: 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. 12. 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). 640 September 22,1998 - 13. 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. 14. 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. 15. 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 22, 1998, 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Public Hearina and adoption of a resolution on the issuance of general obliaation school bonds to be sold to the Virainia Public School Authority in the 1998 Fall Literary Fund Subsidy Sale in the estimated maximum amount of $5.000.000 to finance capital proiects for Bonsack Elementarv School. (Diane Hvatt. Finance Director} R-092298-11 Ms. Hyatt reported that the Board has approved temporary advances to begin construction of the new Bonsack Elementary School. The School Board has filed an September 22, 1998 641 - application for a Literary Loan of $5,000,000. The Virginia Public School Authority plans to move forward with an interest rate subsidy bond issue in conjunction with their fall issue. The interest rate subsidy sale would enable the County to receive VPSA funds this fall at the same interest rates currently available through the Literary Loan process. Following the public hearing, Ms. Hyatt recommended adoption of a resolution authorizing the issuance of 1998 VPSA Literary Fund Subsidy Bonds in the amount of $5,000,000. There was no discussion and no citizens to speak on this issue. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 092298-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in June, 1998, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of $5,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and made a commitment to loan such moneys to the School Board (the "Commitment") upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the 642 September 22,1998 - approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the 'VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (I) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $5,000,000 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 22, 1998 on the issuance of school bonds in an amount not to exceed $5,000,000. 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: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $5,000,000 (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. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at par, 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 September 22,1998 643 - , into the Bond Sale Agreement, dated as of October 9, 1998, 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"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998B"; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the 'VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6%%) 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. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment: Payina Aaent and Bond Reaistrar. 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 644 September 22,1998 = (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or RedemDtion. The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owners of the Bonds. 8. 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. 9. 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 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. 10. 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, except as provided above, so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraae Program: Proceeds Aareement. 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. September 22, 1998 645 - 12. ContinuinQ Disclosure Aareement. 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). 13. 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. 14. 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. 15. 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 22, 1998, 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FIRST READING OF ORDINANCES 1.. First readina of ordinance to exercise an option with Kenneth Keeney and Catherine Keenev to Durchase aDDroximatelv 0.254 acres on Westmoreland Avenue in connection with an economic 646 September 22, 1998 - development proiect located off Routes 419 and 221. (Jovce Wauah. Assistant Director of Economic DeveloDment) This request is related to the development of proposed construction of a Home Depot. The property is necessary for the construction of access to the realignment and reconstruction of Westmoreland Avenue. The County Administrator has negotiated a purchase price of $125,000. Supervisor Minnix inquired whether the property will still be needed if the Home Depot rezoning is denied. Mr. Hodge responded that the County would still need the property if the intersection gets traffic signalization, and the purchase should continue in fairness to the Keeneys. Supervisor Minnix moved to approve the first reading and set the second reading on October 13, 1998, at 7:00 p.m. after the Home Depot public hearing. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1.. Second reading of ordinance to vacate a portion of a 25-foot sanitarY sewer and drainage easement recorded in Section 1. Triple Crown Estates. as recorded in Plat Book 15. Paae 131 and located on Lot 11. Block 1. (tax map #50.03-4-24\ Section 2. Triole Crown Estates. recorded in Plat Book 17. Page 123. and September 22,1998 647 - located in the Hollins Maaisterial District. (Arnold Covey. Director of Community Develooment) 0-092298-12 There was no discussion and no citizens to speak on this item. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 092298-12 VACATING A 1-FOOT BY 49.2-FOOT PORTION OF A 25-FOOT SANITARY SEWER AND DRAINAGE EASEMENT CREATED ON PLAT OF SECTION 1, TRIPLE CROWN ESTATES, PLAT BOOK 15, PAGE 131, AND NOW LOCATED ON LOT 11, BLOCK 1, SECTION 2, TRIPLE CROWN ESTATES (TAX MAP NO. 50.03-4-24) RECORDED IN PLAT BOOK 17, PAGE 123, OWNED BY CLAYTON T. AND PATRICIA G. FOWLER IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 15, page 131, C & D Builders, Inc., dedicated certain public easements, including a 25' sanitary sewer and drainage easement through its remaining property as shown on said plat; and, WHEREAS, the remaining property was subsequently subdivided by plat entitled "Plat of Section 2, Triple Crown Estates" dated August 17, 1994, of record in the aforesaid Clerk's Office in Plat Book 17, page 123; and, WHEREAS, a part of the 25' sanitary sewer and drainage easement originally located on the remaining property is now located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, the Petitioners; and, WHEREAS, a recent survey of the property reflects that the residential dwelling located thereon encroaches upon a portion of the northeast side of the existing 25' sanitary sewer and drainage easement; and, WHEREAS, the Petitioners have requested that a l' x 49.2' portion of said easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, 648 September 22, 1998 - , 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 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, this vacation will not involve any cost to the County, will not affect the ability to provide service, and the affected County departments have raised no objection. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a l' x 49.2' portion of a 25' sanitary sewer and drainage easement as shown on Exhibit A attached hereto, said easement having been created and dedicated on the subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in Plat Book 15, page 131, and now being partially located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, in the Hollins Magisterial District of the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the Petitioner, Clayton T. and Patricia G. Fowler; and, 3. 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. 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 McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance to vacate a 15-foot Dublic utility easement shown on Tract 'A'. Winterberry Pointe. as recorded in Plat Book 9 at Page 289 and located in Windsor Hills Magisterial District. (Arnold Covev. Director of Communitv Development} " September 22, 1998 649 - 0-092298-13 There was no discussion and no citizens to speak on this item. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 092298-13 VACATING A 15-FOOT PUBLIC UTILITY EASEMENT ACROSS LOTS 8 AND 9, AND A PORTION OF WINTERBERRY SQUARE, IN SECTION 2, WINTERBERRY POINTE, PLAT BOOK 19, PAGE 56, (FORMERLY TRACT "A", PLAT BOOK 9, PAGE 289) AND ACROSS PARCEL "C" OF WINTERBERRY POINTE, PLAT BOOK 9, PAGE 289, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT , WHEREAS, by subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 289, Builders Investment Group, Inc., dedicated certain public easements, including a fifteen-foot (15') public utility easement through "TRACT A - 1.868 Ac." and "PARCEL C - 1.029 Ac." as shown on said plat; and, WHEREAS, Tract A was subsequently resubdivided by plat entitled "Plat Showing Lots 1-15, Section 2, Winterberry Pointe and New Lot 1A, Block 2, Winterberry Pointe" dated October 10, 1996, of record in the aforesaid Clerk's Office in Plat Book 19, page 56; and, WHEREAS, the portion of the 15' p.u.e. originally located on Tract A is now located on Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, as shown on the resubdivision plat in Plat Book 19, page 56; and, WHEREAS, the petitioner, Boone, Boone & Loeb, Incorporated, is the developer of Winterberry Pointe and is the current owner of Lot 8, Section 2; and, WHEREAS, the petitioner has requested that said 15' public utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2- 2272.2 of the Code of Virginia (1950, as amended); 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 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject easement and there being no public utility company or county facilities located within the subject easement. 650 September 22, 1998 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being fifteen feet (15') in width and extending across Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, Plat Book 19, page 56, (formerly across Tract 'A' in Plat Book 9, page 289) and across Parcel 'C', Plat Book 9, page 289, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 289, and as further shown on the Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the petitioner, Boone, Boone & Loeb, Incorporated; and, 3. 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. 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 McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None " IN RE: CITIZENS COMMENTS AND COMMUNICATIONS 1. Nancv Hughes pointed out that the field house at Cave Spring High School is the first new school project constructed in the Cave Spring District in 20 years. She requested that the Board have trust in the members of the School Board who are now elected by the citizens. ~, September 22,1998 651 2. Barbara Bushnell. 5204 Bearina Road. asked about the status of the new South County High School and Glenvar Middle School. Chairman Johnson responded that the Board just received today a letter from the Chairman of the School Board responding to the letter written by Chairman Johnson in August, and that the School Board now needs to get an option on the property for the new South County High School. IN RE: CITIZEN COMMENTS " 1.. This time has been reserved for citizen inDut related to the rezonina of Home Depot. The following citizens spoke in support of the rezoning of Home Depot for the following various reasons: (a) there will be increased revenue generated and new jobs created; (b) the land is already designated Core in the County's Land Use Plan; (3) the competition with other similar stores will lower prices; (4) the project will benefit new construction in the area. 1. Allen Trigger. 3519 Forester Road. Roanoke 2. Ed Natt 1919 Electric Road. Roanoke 3. Scott Adkins. 3057 Timberline Avenue 4. Steve Noble. 5376 Canter Drive Roanoke 5. Doug Freeman. 3214 Electric Road. Roanoke (Partner in Sprinawood Associates) 652 September 22, 1998 = 6. Alan Ham. 6001 Monet Drive. Roanoke (presented a petition signed bv people in SUDDort of the rezoning) 7. Renee Freeman. 4823 Merriman Road. Roanoke. (Presented 7 letters of support from citizens) 8. Roger Wickert 4640 Mill View Court. Roanoke 9. Wes Sowder 6989 Poage Valley Road Ex!.. Roanoke 10. Harry Smith. 3214 Electric Road. Roanoke 11. Tommy Booze. 3930 Read Mountain Road. Roanoke 12. Bob Freeman. 4823 Merriman Road. Roanoke (Partner in Sprinawood Associates) ", The following citizens spoke in opposition to the proposed rezoning for Home Depot for the following reasons: (a) increased traffic at the intersection of Route 419 and 220; (b) families living on Westmoreland and will be negatively affected by the Home Depot; (c) the revenue statistics that have been quoted are questionable because a Home Depot and Lowes are already located on the north side of the Roanoke Valley and a Home Depot and Lowes will be located on south side and the four stores will have to share the projected revenue; (d) the intersection of Routes 419 and 221 is not a good location for a "big box" store; and (e) the reconsideration on September 8 and subsequent approval of the rezoning after it had been denied on August 18 was not handled appropriately by the Board. 1. James Garris 3108 D. Honeywood Lane. Roanoke September 22, 1998 653 2. Douglas Basham. 5540 Westbrair Court. Roanoke (spoke on behalf of a Cave Soring organization that is raisina funds to pursue legal avenues to prevent the rezonina. ) 3. Carmel Cunninaham. 5108 Spring lawn Avenue. Roanoke 4. Ann Quensenberrv. 5944 Cartwright Drive. Roanoke 5. Michael Naughton. 3827 View Avenue. Roanoke 6. Patricia Meador. 3812 Antietam Drive. Roanoke 7. Hal Jones. 3734 Thompson Lane. Roanoke 8. William L. Beane. 4023 Hidden Lane Roanoke 9. Mark Peterson. P. O. Box 3272. Roanoke 10. Sam Cosnotti. 3508 Farminaton Drive. Roanoke 11. Freddie E. Williams. 3308 Electric Road. Roanoke 12. Ruth L. Moseley. 3425 Greencliff Road. Roanoke 13. David S. Courev 3419 Ashmeade Drive Roanoke 14. Annie Krochalis. 9428 Patterson Dr.. Roanoke ~, 15. Vern Jolley. 3110 Harmonv Road. Roanoke 16. Mike Wray 5650 Yellow Mountain Road. Roanoke There was extensive discussion on the proper procedures for reconsideration and assuring that citizens would have the opportunity to be heard. Supervisor Nickens explained that the vote on September 8 was not intended to be deceitful, but was procedurally correct according to the County Attorney. His intent 654 September 22,1998 - in voting to deny the rezoning on August 18 was to reserve the right to reconsider the item at the next meeting. He had hoped to provide new information so that Supervisors McNamara or Minnix could support the request. He advised that even though he felt that the action taken was legal, because of a recent court ruling in Nelson County, he felt it would be more appropriate to readvertise the rezoning request and hold another public hearing. Mr. Mahoney responded that although the procedures were consistent with the statutes, in order to hear the citizens concerns, a public hearing could be scheduled for October 13. ", Supervisor McNamara questioned what the purpose of the public hearing would be. Supervisor Nickens responded that it would be the fairest approach for the citizens, and would address potential legal concerns that have been voiced. Supervisor Minnix expressed his concern at the perception by the citizens of the Board's action on September 8. He suggested that when the rules are established next year, that there be a public hearing for any issue that is reconsidered. Supervisor Harrison explained that he has consistently supported the rezoning, and pointed out that many controversial rezonings have taken place in the Catawba Magisterial District. Supervisor Nickens moved to schedule an advertised public hearing for October 13, 1998, on the Board of Supervisors' petition to rezone property at the intersection of Routes 419 and 221 for Home Depot. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson ~ September 22,1998 655 - NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS CONTINUED , SUDervisor McNamara: (1) He expressed pleasure at the way that the Board members conducted themselves while the citizens were commenting on the Home Depot rezoning, but was concerned about whether the actions by the Board were parliamentarily correct. He felt that the majority of citizens did not think that the Board had acted correctly. He advised that at the October 13, 1998 meeting that he would move to rescind the action taken on September 8, 1998 regarding approval of the Home Depot rezoning. Supervisor Nickens questioned whether Supervisor McNamara's proposed motion to rescind the action was procedurally correct. Chairman Johnson asked Mr. Mahoney to research the procedures and parliamentary rules concerning this action. (2) He announced that the next School Construction Committee meeting would be held on October 7, 1998. Chairman Johnson asked Supervisor McNamara to check on the Science Labs. Suoervisor Harrison: (1) He reported that Miss Virginia, Nicole Johnson, who was recently chosen as Miss America spoke at the DARE Camp. She told those attending that she lost the Miss Virginia title three times before winning. Supervisor Harrison believes that she should serve as a role model for youths not to give up on their dreams. (2) He announced that the Mud Run was held at Green Hill Park and that the number of participants has increased. 656 September 22, 1998 - IN RE: ADJOURNMENT At 9:30 p.m., Chairman Johnson adjourned the meeting to Wednesday, October 7, 1998, at 12: 15 p.m. for a joint meeting with the Roanoke City Council at the Sanctuary Youth Home. Submitted by, Approved by, ~?/. Q¿,z, v Mary H. Allen, CMC/AAE Clerk to the Board "",