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HomeMy WebLinkAbout10/22/2002 - Regular October 22, 2002 671 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 22, 2002 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 October, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: STAFF PRESENT: Supervisor Nickens Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer INRE: OPENING CEREMONIES The invocation was given by the Reverend Tom Cribb, Betheì Baptist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS October 22, 2002 672 Supervisor Minnix noted that Supervisor Nickens' term officially ends on October 31, 2002 and stated that this was the reason why Mr. Altizer, the new appointee to the Vinton Magisterial District, was not participating in the meeting today. Mr. Hodge requested that the closed meeting pursuant to Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made be removed from the agenda. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1: Proclamation declarina the month .Qf October 2002 "National Arts and Humanities .Mm!!.!!: ill the County Qf Roanoke The proclamation was accepted by Susan Jennings, Executive Director of the Arts Council of the Blue Ridge; Beth Poff, Executive Director of Mill Mountain Zoo; David Kjolhede, Executive Director of the Roanoke Valley Convention and Visitors Bureau; and Wendi Schultz, Tourism and Event Coordinator for Roanoke County. b. Proclamation declarina the week .Qf October 25 = November ~ 2002 "Red Ribbon Week" ill the County of Roanoke !Q ~ the community's commitment to fiahtina substance abuse The proclamation was accepted by Ray Lavinder, Chief of Police. Chairman Church noted that representatives from the Roanoke Area Youth Substance Abuse Council (RA YSAC) were scheduled to appear, and that it may be necessary to repeat this item during the evening session. October 22, 2002 673 INRE: NEW BUSINESS 1: Resolution petitionina the Circuit Court for i!. Writ of Election to fill the vacancy on the Board Qf Supervisors ill the Vinton Maaisterial District. (Paul Mahoney, County Attorney) R-102202-1 Mr. Mahoney reported that the proposed resolution would authorize the County to petition the Circuit Court to ask for a writ of election. This would be a special election to fill the remaining unexpired term of the supervisor representing the Vinton Magisterial District following the resignation of Supervisor Nickens. The writ of election petition is in accordance with statutory procedure and would be scheduled for November 4, 2003. There was no discussion on this matter. Supervisor McNamara moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens RESOLUTION 102202-1 PETITIONING THE CIRCUIT COURT FOR A WRIT OF ELECTION TO FILL THE VACANCY ON THE BOARD OF SUPERVISORS IN THE VINTON MAGISTERIAL DISTRICT October 22, 2002 674 WHEREAS, Section 24.2-226 of the Code of Virginia provides that within 15 days of the occurrence of a vacancy, a governing body shall petition the circuit court to issue a writ ordering the election for the next ensuing general election to be held in November. If the vacancy occurs within 120 days prior to that election, then the writ shall order the election to be held at the second ensuing general election - November 4, 2003.; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the on the Board of Supervisors in the Vinton Magisterial District. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 4, 2003, on the filling of the vacancy on the Board of Supervisors in the Vinton Magisterial District. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Roanoke County Electoral Board shall publish a notice of such election in a newspaper of general circulation in the County once at least ten days prior to such election as required in Section 24.2-683 of the Code of Virginia; and 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens b. Reauest !Q approve refundina Qf the outstandina County Qf Roanoke General Obliaation Public Improvement and Refundina Bonds. Series 1993, under certain conditions. (Diane D. Hyatt. Chief Financial Officer) R-102202.2 October 22, 2002 675 Ms. Hyatt stated that in 1993 the County issued $49.8 million General Obligation Public Improvement and Refunding Bonds for the following uses: approximately $18 million in new projects and $37 million in refunding of prior year issues dating back to 1977. As of October 2002, there are $26.8 million of these bonds still outstanding with coupon rates of between 5 and 5.5 percent. At the time this request for refunding was initiated, market conditions were favorable and the anticipated savings equaled the present value of $2 million. Unfortunately, the market has since shifted and the savings have been reduced by more than half. Ms. Hyatt asked that the Board still consider approval of the resolution which would provide staff the opportunity to react quickly when the market shifts back to a more favorable condition. Staff will closely monitor the market and move ahead with the refunding when the market improves. In response to Supervisor McNamara's question, Ms. Hyatt indicated that the variable costs include the $75,000 to re-issue the bonds, as well as the underwriter's fee if the County were to elect to go with a negotiated sale. The potential costs would total $225,000. Ms. Hyatt also indicated that a 4% overall savings is typically the benchmark the County uses for determining whether to proceed with a refunding. In this case, the original anticipated savings equaled $180,000 per year and this has been reduced to $80,000 per year. Ms. Hyatt also indicated that the difference in the interest rates to forward purchase the bonds amounts to approximately 1 % and October 22, 2002 676 would not be feasible at this time. Supervisor Minnix moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Church None ABSENT: Supervisor Nickens RESOLUTION 102202.2 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia (the "County") has issued the following general obligation bonds (the "Prior Bonds"): General Obligation Public Improvement and Refunding Bonds, Series 1993; WHEREAS, the Board proposes to authorize the issuance of general obligation refunding bonds (the "Refunding Bonds") to refund all or a portion of the Prior Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA 1. Authorization of Refundina Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Refunding Bonds in the maximum aggregate principal amount of $30,000,000. The issuance and sale of the Refunding Bonds are hereby authorized. The proceeds from the issuance and sale of the Refunding Bonds shall be used to refund all or a portion of the Prior Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledae of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Refunding Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Refunding Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Refundina Bonds. The Refunding Bonds shall be issued upon the terms established pursuant to this Resolution and upon such other terms as may be determined in the manner set forth in this Resolution. The Refunding October 22,2002 677 Bonds shall be issued in fully registered form in one or more series at such time or times as the County Administrator shall approve, shall be dated such date or dates as the County Administrator shall approve, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered from R-1 upwards consecutively. The Refunding Bonds shall be issued in such aggregate principal amount and shall mature on such dates and in such amounts as the County Administrator may approve, provided that the aggregate principal amount of the Refunding Bonds, shall not exceed the maximum amount set forth in paragraph 1 and the final maturity of the Refunding Bonds is not later than 20 years from their date. The County Administrator is authorized and directed to accept the proposal for the purchase of the Refunding Bonds which he determines to be in the best interest of the County and the Refunding Bonds shall bear interest, payable semi-annually, at such rate or rates and shall be sold at such price as may be set forth in the proposal accepted by the County Administrator; provided that the true interest cost of the Refunding Bonds shall not exceed 5.5% per annum and the purchase price shall be not less than 97% of the par amount of the Refunding Bonds. The County Administrator is authorized and directed to approve such additional terms of the Refunding Bonds, including such optional redemption provisions for the Refunding Bonds, if any, as he may determine to be in the best interest of the County. The County Administrator is authorized to execute and deliver a Bond Purchase Agreement providing for the sale of the Refunding Bonds upon the terms set forth in this Resolution and containing such other provisions as the County Administrator may approve. 4. Form of Refundina Bonds. The Refunding Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution. There may be endorsed on the Refunding Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Book-Entrv-Onlv Form. The Refunding Bonds shall be issued in book- entry-only form. The Refunding Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Refunding Bonds, and immobilized in the custody of DTC. One fully-registered Refunding Bond in typewritten or printed form for the principal amount of each maturity of the Refunding Bonds shall be registered to Cede & Co. Beneficial owners of the Refunding Bonds shall not receive physical delivery of the Refunding Bonds. Principal, premium, if any, and interest payments on the Refunding Bonds shall be made to DTC or its nominee as registered owner of the Refunding Bonds on the applicable payment date. Transfer of ownership interest in the Refunding Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of October 22, 2002 678 the Refunding Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Refunding Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Refunding Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Refunding Bonds; or (ii) The County has determined not to continue to use DTC as the securities depository for the Refunding Bonds; or (Iii) The County has determined not to continue the book-entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC or upon the occurrence of the event described in (iii) above, the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Refunding Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 9 and 10 of this Resolution and the Refunding Bonds. 6. Appointment of Bond Reaistrar and Payina Aaent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Refunding Bonds and as long as the Refunding Bonds are in book entry form such Bond Registrar and Paying Agent may be the County Administrator, the Chief Financial Officer or other appropriate officer of the County. The County Administrator may appoint a subsequent registrar and/or one or more paying agents for the Refunding Bonds upon giving written notice to the owners of the Refunding Bonds specifying the name and location of any such registrar or paying agent. 7. Execution of Refundina Bonds. The Chairman of the Board and the Clerk of the Board are authorized and directed to execute appropriate negotiable Refunding Bonds and to affix the seal of the County thereto and to deliver the Refunding Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Refunding Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 8. CUSIP Numbers. The Refunding Bonds shall have CUSIP identification October 22, 2002 679 numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 9. ReQistration, Transfer and Exchanqe. Upon surrender for transfer or exchange of any Refunding Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Refunding Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Refunding Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Refunding Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Refunding Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Refunding Bond may be registered to bearer. New Refunding Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Refunding Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Refunding Bonds surrendered. 10. Charqes for Exchanqe or Transfer. No charge shall be made for any exchange or transfer of Refunding Bonds, but the County may require payment by the registered owner of any Refunding Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Refunding Bond. 11. Non-Arbitraqe Certificate and Tax Covenants. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Refunding Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that all of such proceeds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants and that the County will comply with the other covenants and representations contained therein. 12. Refundinq of Prior Bonds. The County Administrator and the Chief Financial Officer, or either of them, is authorized to (a) take such action as may be October 22, 2002 680 necessary to provide for the refunding and redemption of the Prior Bonds and (b) enter into one or more Escrow Agreements with an escrow agent to be selected by the Chief Financial Officer providing for the deposit and investment of such portion of the proceeds of the Refunding Bonds to be applied to the redemption or payment of the Prior Bonds on the earliest practicable date. 13. Disclosure Documents. The Chief Financial Officer and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute, if required, and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Refunding Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner, including electronically, and at such times as the Chief Financial Officer shall determine. The County Administrator is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 14. Continuina Disclosure. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to enter into a Continuing Disclosure Agreement for the benefit of the owners of the Refunding Bonds to assist the underwriter for the Refunding Bonds in complying with the provisions of Section (b)(5) of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The County Administrator and the Chief Financial Officer and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Refunding Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Refunding Bonds are ratified and confirmed. 16. Effective Date: Applicable Law. This Resolution shall take effect immediately. The Board elects, pursuant to Virginia Code Section 15.2-2601 to issue the Refunding Bonds pursuant to the provisions of the Public Finance Act of 1991. Adopted by the Board at a meeting duly called and held on October 22, 2002. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens ~ Reauest !Q approve refundina Qf the outstandina Industrial Development Authoritv Qf Roanoke County Lease Revenue October 22, 2002 681 Bonds. Series 1993. under certain conditions. (Diane D. Hyatt. Chief Financial Officer) R-102202.3 Ms. Hyatt reported that these bonds were related to the 1993 lease revenue bonds that were sold to the Industrial Development Authority (IDA) for the purchase of the Roanoke County Administration Center building, as well as funds for the renovation of the school administration building and the teen center. The same market conditions apply to this item as in the previous item, although these bonds will be sold as a private placement to a bank and the turnaround would be fairly quick once market conditions are favorable. Approval from the IDA is also required to proceed with this refunding, and they are scheduled to meet in early November. Supervisor Minnix referenced the wording in the board report which stated that in relation to bank qualified debt "This usually results in the lowest interest rates...", and he questioned if there was a possibility that if the bonds are sold as bank qualified debt, it could result in a higher rate. Ms. Hyatt indicated that sometimes the rates are comparable or slightly lower, but they would not be more. She also indicated that the expense of putting the issue together is much less than with the private placement at the banks. Supervisor McNamara moved to adopt the Resolution. The motion carried by the following recorded vote: October 22, 2002 682 AYES: NAYS: Supervisors Flora, McNamara, Minnix, Church None ABSENT: Supervisor Nickens RESOLUTION R-102202.3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE ITS LEASE REVENUE BONDS TO REFINANCE THE INDUSTRIAL DEVELOPMENT AUTHORITY'S LEASE REVENUE BONDS, SERIES 1993 WHEREAS, the Industrial Development Authority of Roanoke County, Virginia (the "Authority") issued its $4,250,000 Lease Revenue Bonds (Roanoke County Administration Center) Series 1993 (the "1993 Bonds") to finance an administration building for the County (the "Project"). WHEREAS, the Board of Supervisors of the County proposes to refund the 1993 Bonds through the issuance of a lease revenue refunding bond or bonds by the Authority (the "Bond"). WHEREAS, the County will lease the Project to the Authority pursuant to a lease ("Prime Lease") and the lease revenue bond will be payable solely from revenues derived by the Authority from a Lease from the Authority to the County ("Lease") pursuant to which the Authority will lease the Project back to the County. WHEREAS, the lease revenue bonds will be issued pursuant to the following documents: (i) Prime Lease; (ii) Lease; (Iii) Leasehold Deed of Trust from the Authority to the individual trustees named therein, as trustees; (iv) Assignment of Rents and Leases between the Authority and the purchaser of the Bonds ("Bond Purchaser"); v) Escrow Agreement providing for the redemption of the 1993 Bonds; (vi) if required, an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator; and (vii) if required, a Bond Purchase Agreement providing for the sale of the Bond. All of the documents listed above are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issue of Bond. The Board requests the Authority to issue the Bond in the maximum principal amount of $3,000,000 to be paid from revenues derived from payments made by the County pursuant to the Lease. 2. Authorization of Basic Documents. The execution and delivery of and performance by the County of its obligations under the Basic Documents to which it is a October 22,2002 683 party are authorized. The Basic Documents and the Bond shall be in such form and contain such provisions as the County Administrator and the Chairman of the Board, or either of them, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Lease, provided that the aggregate principal components payable under the Lease shall not exceed $3,000,000. 3. Execution of Documents. The Chairman of the Board and the County Administrator, or either of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 4. Terms of Bond. The County Administrator and the Chief Financial Officer, or either of them, are authorized and directed to solicit proposals for the purchase of the Bond and to accept the proposal that such officer or officers determined to be in the County's best interest. The Bond shall be issued on the terms set forth in such proposal. 5. Nature of Obliaations. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bond or the Basic Documents except from payments made by or on behalf of the County under the Lease. The County's obligations to make payments pursuant to the Lease shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bond or the Basic Documents shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 6. Bank Qualification. The Board of Supervisors requests the Authority to designate the Bond as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended; provided the County Administrator determines that the County will not issue more than $10,000,000 in tax-exempt obligations in calendar year 2002. The County will not designate more than $10,000,000 of qualified tax-exempt obligations in calendar year 2002 and the Board directs the County Administrator to certify whether the County and its subordinate entities will issue more than $10,000,000 in tax-exempt bonds (not including certain private activity bonds) in calendar year 2002. 7. Allocation of Small Issuer Exception Amount. The Board of Supervisors October 22, 2002 684 pursuant to Code Section 148(f)(4)(D)(iv) irrevocably allocates to the Authority $3,000,000 of the County's authority under Code Section 148(f)(4)(D) to issue up to $5,000,000 ($10,000,000 where the amount in excess of $5,000,000 is for school construction) in tax-exempt obligations in calendar year 2002 that are exempt from the rebate and reporting requirements of Code Section 148(f) provided that the County Administrator certifies to the Authority that the $5,000,000 limit described above has not been exceeded. 8. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on October 22, 2002. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for November 19, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens 1: First readina Qf an ordinance to obtain i!. special ~ permit for .55 ~ for i!. home occupation in i!.!! accessory structure located i!.! 3564 Grandin Road. Windsor Hills MaQisterial District, upon the October 22, 2002 685 petition Qf Sheree and James Rinaer. b. First readina Qf an ordinance !Q !!!.!2!!.!! 16.255 acres from C.2 General Commercial District !Q R-1 Low Density Residential District for the purpose Qf constructina i!. sinale family dwellina located i!.! 6012 Cove Road. Catawba Maaisterial District, upon the petition Qf Larry G. and Ida Jane É:. Conner. INRE: FIRST READING OF ORDINANCES 1: First readina Qf an ordinance authorizina the creation Qf and financina for i!. local public works improvement project, Glenvar Heiahts Boulevard water line extension project. Catawba Maaisterial District. ,{gi!..D£ Robertson, Utility Director) Mr. Robertson reported that several property owners in the Glenvar Heights neighborhood have requested that public water be extended to their area, and a public meeting was held on August 19 based on this request. At that time, 27 property owners attended the meeting. A letter was subsequently mailed to 45 property owners along Glenvar Heights Boulevard and Dan Robin Road. Responses were received from 35 property owners with 23 being in favor of connecting to the public water system and 12 were not interested. Based on this response, the service area was scaled back to a total of 43 property owners. Mr. Robertson indicated that in order to provide public water to the October 22, 2002 686 interested property owners, it would require construction of a 4,800 foot water line extension at an estimated cost of $146,000. Based on this estimate, the proposed ordinance would establish a special water service area for the neighborhood with each property owner paying their fair share of the construction cost through a special connection fee of $4,900. This amount would include $3,555 per property owner for the construction costs and $1,345 for 50% of the County off-site facility fee. The property owners would be allowed 90 days from approval of the second reading of the ordinance to agree to participate in the project at a cost of $4,900. Individuals choosing to participate at a later date would pay a 25% higher cost and would also be responsible for 100% of the off-site facility fee, bringing the total cost to $7,134. The total fiscal impact would include construction costs of $146,000. The twenty-three (23) property owners would contribute $81,765 and a transfer from the Public Works Participation Fund in the amount of $64,235 is being requested to fund the remaining balance. Supervisor Church indicated that the residents in the area are anxious to receive this service. Mr. Robertson noted that a rate of 50% participation in the project is required to bring it before the Board, and this request is approaching 60% participation. Supervisor Church moved to approve the first reading and set the second reading for November 5, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church October 22, 2002 687 NAYS: None ABSENT: Supervisor Nickens b. First readina Qf i!.!l ordinance to authorize the acQuisition of the necessarv easements !Q construct Phase ~ Qf the North Loop Water Transmission Line Project. Catawba Maaisterial District. .illi!..!:ï Robertson. Utility Director) Mr. Robertson stated that this ordinance will allow the County to acquire easements from property owners for the purpose of installing a water line for Phase 5 of the North Loop Water Transmission Line. This project extends from the County's Center for Research and Technology (CRT) over to Westward Lakes Drive. At present, the water flows through existing lines along Route 11 and Ingall Boulevard to reach the remainder of the North Transmission Line. This project was approved in the County's Capital Improvement Program (CIP) over a three-year phase-in, with 2003 being the final year of the funding for the project. Permission to acquire the easements is being requested at this time in order to proceed with the construction of the Glenvar Heights Boulevard water line project. In response to a question from Supervisor Church, Mr. Robertson indicated that the cost of the acquisition of the easements has already been included in the CIP. October 22, 2002 688 Supervisor Church moved to approve the first reading and set the second reading for November 5, 2002. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Supervisors Flora, McNamara, Minnix, Church None Supervisor Nickens APPOINTMENTS 1: Buildina Code Board Qf Adjustments and Appeals (Fire Code Board Qf Appeals) Supervisor McNamara nominated Ralph T. Henry to serve a four-year term as Alternate on the Fire Code Board of Appeals. Mr. Henry will be filling the vacancy which occurred when the four-year term of J. A. Hendricks, Jr., Alternate, Fire Code Board of Appeals, expired on October 28, 2001. INRE: R.102202-4 CONSENT AGENDA Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Flora, McNamara, Minnix, Church None Supervisor Nickens October 22,2002 689 RESOLUTION 102202-4 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 October 22, 2002 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 5, inclusive, as follows: 1. Approval of minutes - October 8 and October 14, 2002 meetings 2. Request to release liens and amend performance agreement with Sims Automotive, Inc. 3. Approval of amended square footage for lease of rooftop space to Cellco Partnership, a Delaware General Partnership d/b/a Verizon Wireless, at the Salem Bank and Trust Building, 220 East Main Street, Salem, VA (reference ordinance #082702-18) 4. Request to accept donation from Wal-Mart in the amount of $1,200.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 Officers and their K.9 partners. 5. Request to accept donation from the Vinton Moose Lodge in the amount of $250.00 for the purchase of equipment and supplies to outfit the two Roanoke County Police K-9 officers and their K-9 partners. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Church NAYS: None ABSENT: Supervisor Nickens INRE: REQUESTS FOR WORK SESSIONS 1: Work session !Q discuss year-end financial report and state budaet reductions October 22, 2002 690 Mr. Hodge requested that a work session be scheduled for November 5, 2002 to discuss the impact of the state budget reductions and year-end financial reports. He stated that, at present, four of the five constitutional offices had received reductions in funding. In addition, 599 monies and police department grants are being reduced by approximately $70,000 and libraries are receiving cuts of $30,000 - $40,000. He indicated that more complete information would be available by the November 5 meeting. INRE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Church None ABSENT: Supervisor Nickens 1: General Fund Unappropriated Balance b. Capital Fund Unappropriated Balance ~ Board Continaency Fund !" Future School Capital Reserve §." Accounts Paid = September 2002 ~ Statement Qf Expenditures .!!!f! Estimated and Actual Revenues for the month ended September ~ 2002 October 22, 2002 691 1.:. Statement Qf the Treasurer's Accountability .I!!!: Investment and Portfolio Policy. as of September ~ 2002 ~ Report Qf Claims Activity for the Self.lnsurance Proaram !!.:. Report from VDOT .Qf Chanaes !Q the Secondary Road System ill September 2002 10. Proclamation Sianed eï the Chairman INRE: CLOSED MEETING This item was removed from the agenda at the request of Mr. Hodge. IN RE: ANNOUNCEMENTS Mr. Mahoney noted that Mr. Giesen would not be available for the work session until 7:30 p.m. Mr. Hodge suggested that staff meet with the Board in a work session during the time available prior to the evening session to discuss legislative issues and prepare for the meeting with Mr. Giesen. Mr. Church adjourned the meeting to a work session with staff at 3:40 p.m. INRE: WORK SESSION 1: Work session with staff !Q develop the County's leqislative proaram for the 2003 session Qf the General Assembly. (Paul Mahoney, County Attorney) The work session was presented by Mr. Hodge and Mr. Mahoney and was held from 4:00 p.m. until 4:47 p.m. The following legislative issues, which are October 22, 2002 692 scheduled to be presented at the October 31 Legislative Summit Luncheon, were discussed: (1) Standards of quality funding for schools. (2) Elimination of the distinctions in taxing authority between cities and counties and in particular, a proposed charter amendment or general law allowing Roanoke County to implement a cigarette tax. (3) Proposed regulatory changes that would allow towns to use specific income data from towns, rather than counties, when applying for community development block grants. (4) Transportation issues involving 1-81 funding, passenger rail service in the Roanoke-Bristol corridor, and smart road funding allocations. (5) Prohibit legislation that would take away local government authority over land use issues. This work session was continued with Mr. Giesen following the evening session. IN RE: CALL TO ORDER Chairman Church called the evening session to order at 7:03 p.m. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Church requested that the proclamation presented earlier in the meeting for Red Ribbon Week be repeated as Item R-2 due to the fact that representatives from RA YSAC were present. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1: Recoanition Qf Carrie Metheny for earnina the Girl Scout Gold October 22, 2002 693 Award for the Historv Qf Cave Sprina and presentation !Q the Board The certificate of recognition was accepted by Carrie Metheny, and Miss Matheny presented the Board with a framed history of the Cave Spring. Also present were Mary Metheny, mother; Barbara Duerk, Girl Scout Gold Advisor; and fellow girl scouts. b. Proclamation declarina the week Qf October 25 = November ~ 2002 "Red Ribbon Week" ill the County Qf Roanoke to ~ the community's commitment to fiahtina substance abuse. The proclamation was accepted by Myles Jackson, co-chair of RAYSAC. Supervisor Minnix questioned Mr. Jackson about the extent of the drug problem in the Roanoke Valley and inquired about the percentage of these individuals who are assisted by RAYSAC. Mr. Jackson indicated that he would send this information to Supervisor Minnix. Supervisor Flora thanked Mr. Jackson for the work that RA YSAC does in dealing with the drug problems in the Roanoke Valley. He referenced a survey of parents and children, and indicated that drugs are an issue that needs to be addressed. INRE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1: Second readina Qf ordinance !Q amend conditions on i!. Special Use Permit !Q operate i!. construction yard 2!l 2.62 ~ zoned October 22, 2002 694 A'L Aaricultural Villaae District. located i!.! 7210 Franklin Road. Cave Sprina Maaisterial District. upon the petition Qf McNeil Asphalt. WITHDRAWN AT THE REQUEST OF THE PETITIONER. Chairman Church confirmed with the Clerk that this item has been withdrawn at the request of the petitioner. Supervisor Minnix thanked staff and Mr. McNeil for their work relating to this matter, and indicated that this item has been withdrawn due to the fact that the petitioner is now in compliance with the conditions of the special use permit. b. Second readina Qf ordinance !Q ~ 22.743 ~ from AR Aaricultural Residential District !Q R.1 Low Density Residential District for development Qf sinale family housina located i!.! Virainia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Sprina Maaisterial District. upon the petition Qf Cotton Hill Land Company, LC. CONTINUED UNTIL NOVEMBER tl.. 2002 AT THE REQUEST OF THE PLANNING COMMISSION Chairman Church confirmed with the Clerk that this item has been continued until November 19, 2002 at the request of the Pianning Commission. ~ Second readina Qf .!!.!l ordinance !Q vacate i!. 50 foot public riaht Qf way. 20 foot drainaae easement. 40 foot drainaae easement and portions Qf 15 foot public utility easement recorded ill Plat Book October 22, 2002 695 ä Paae 35 (Roanoke County) and Plat Book ä Paaes 1.3 (Botetourt County), Stoneaate = Phase !.. Hollins Maaisterial District. (Arnold Covey. Director Qf Community Development) Mr. Covey reported that this petition is on behalf of Stonegate Properties LLC and was originally brought to the Board on October 8 for a first reading. There have been no changes since that time. There was no discussion on this item and no citizens were present to speak. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Church None ABSENT: Supervisor Nickens INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He indicated that the Board had received a letter from Mr. Green, owner of Aquarius Pools, regarding the water ordinance. He requested that Mr. Mahoney follow-up with Mr. Green to address his concerns. (2) He stated that letters had been received from citizens in the Rosewalk Subdivision and the Mt. Pleasant area regarding the proposed path of 1-73 and the impact it is having on the marketability of their property. He asked that the Chairman draft a letter to Whitt October 22, 2002 696 Clement at the Virginia Department of Transportation (VDOT) requesting a timeline for the 1-73 project through the Roanoke area. (3) He noted that the bond issues on the ballot for the November election, specifically with regard to item 2 - funding for parks and recreation facilities, do not include monies for Explore Park. Mr. Hodge will obtain information regarding this matter and report back to the Board. Supervisor Minnix: (1) He indicated that he shares the same concerns previously mentioned by Supervisor McNamara. (2) He directed staff to closely monitor the water situation to ensure the availability of water for mandatory needs (i.e., drinking, cooking). He assured citizens that the County is closely monitoring the water situation to make certain that these needs can be met. Supervisor Flora: (1) He requested that staff evaluate the growth level of local government relative to the rate of inflation. Supervisor Church: (1) He recognized Justin Adams who was present at the meeting. Justin is a student at North Cross School and a member of Boy Scout Troop 236. He was attending the meeting with his father, Wayne Adams, for purposes of obtaining a merit badge. (2) He shared the news that he has a new granddaughter, Abigail Lindsey, who is living in Northern Virginia, and asked everyone to pray for a resolution to the situation in the Northern Virginia area. (3) He emphasized that the Board recognizes that changes have occurred in the 1-73 situation, and he will send a letter to VDOT to determine the current status. (4) He extended a welcome to Pete October 22, 2002 697 Giesen, Special Assistant for Legislative Relations, who is present for a work session this evening. IN RE: ADJOURNMENT TO WORK SESSION Mr. Church adjourned to work session at 7:36 p.m. IN RE: WORK SESSION 1: Work session with Pete Giesen. Special Assistant for Leaislative Relations. !Q develop the County's leaislative proaram for the 2003 session Qf the General Assembly. (Paul Mahoney. County Attorney) The work session was presented by Mr. Hodge and Mr. Mahoney and was held from 7:45 p.m. until 9:02 p.m. Mr. Giesen outlined the budget reductions that have been announced at the state level and indicated that the remaining cuts are to be announced on December 20. It was the consensus of the Board to proceed with the following legislative initiatives: (1) The state should not attempt to balance the budget at the expense of the localities. (2) Pursue a bill allowing counties to institute a tobacco tax while also bringing forth a charter amendment bill specific to Roanoke County. It was the consensus that the legislators may be more receptive to a local bill. Mr. Mahoney was directed to draft a position paper for both a charter bill and a general law amendment. This matter is to be brought to the Board for a public hearing on November 19, 2002. (3) Funding from VDOT for Smart Road. October 22, 2002 698 It was the consensus of the Board to schedule a meeting with legislators in early December once the position paper has been approved. INRE: ADJOURNMENT Chairman Church adjourned the meeting at 9:02 p.m. until Thursday, October 31, 2002 at 12:00 p.m. for the legislative summit meeting to be held at the Salem Civic Center. Submitted by: Approved by: ~J~J.~\g. (i/JJa4f)) Diane S. Childers Clerk to the Board cb