HomeMy WebLinkAbout5/23/2000 - Regular
May 23, 2000
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 23, 2000
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 May, 2000.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS ABSENT:
STAFF PRESENT:
Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy"
Minnix (Arrived 4:00), Supervisors Joseph B. "Butch" Church,
Bob L. Johnson, Harry C. Nickens
None
MEMBERS PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Brenda J. Holton, Deputy Clerk to the Board;
John M. Chambliss, Assistant County Administrator
IN RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr., Assistant County
Administrator. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added an item to the Closed Meeting pursuant to the Code of
Virginia Section 2.1-344 (1) personnel matter involving layoff of two individuals in the
270
May 23, 2000
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Sheriffs Office.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
Supervisor McNamara recognized Mr. Hodge for receiving the Platinum
Award from the Roanoker Magazine for being named the Most Effective Civic Official.
INRE:
NEW BUSINESS
1,
Resolution approyina the fiscal year 2000-2001 budaet and 2001-
2005 Capitallmproyement Proaram for Roanoke County. (Brent
Robertson. Budget Director)
R-052300-1
Mr. Robertson advised that the County's proposed budget, which includes the
School's budget, was submitted to the Board on April 22, 2000 and a public hearing was
held on May 9, 2000. The Capital Improvement Program for FY 2000-2004 is also included
as part of the budget, and approval of the County budget is for information and fiscal
planning purposes only and does not commit or appropriate funds for the expenditures.
The commitment of funds will not occur until the second reading and approval of the FY
2000-2001 Appropriation Ordinance. He asked that the resolution be adopted approving
the budget and Capital Improvement Plan.
In response to Supervisor Johnson's inquiries, Mr. Robertson advised that
the number of full time equivalent positions in the County is 754 classified and 10
unclassified, and that he will get for the Board the number of vehicles for this year and next
year at the second reading of this ordinance. Supervisor Johnson advised that he did not
approve of the lease purchase philosophy, and since the fund balance is at 6.54% which
is above the 6.25% figure set by the Board, the difference of $300,000 could be put
May 23, 2000
271
towards a direct purchase of vehicles or added to the school debt fund. Mr. Hodge advised
that the 6.25% figure is based on the general fund balance as of this year, and as of July
1, this figure would be adjusted and the difference would be about $2,000. Supervisor
Johnson advised that the County usually has a surplus at year end of at least $750,000 to
$1 million and thought it appropriate to adjust the fund balance to 6.25%. Supervisor
Nickens advised that he was in agreement for lease purchases, but suggested that the
number be reduced by three, purchase these out of the unappropriated fund balance, and
replenish the balance after the year end audit. Supervisor Johnson advised that he did
approve of purchasing the vehicles in the budget and his concern was with the lease
purchase method.
Supervisor Nickens advised that at the request of the Board, he distributed
earlier a document with suggested contributions to local agencies to the Board members
and staff, and the only change on that list was to increase it by $3,000 for the Salem-
Roanoke Baseball Hall of Fame. There were no objections to this minor change to the
document. Supervisors Nickens asked when the question of purchase versus lease
purchase will be resolved if the budget is approved now. Mr. Hodge advised that staff
plans to bring this item back to the Board for approval when the bids for the trucks are
actually received and the amount known, and if there are any reductions from the amount
approved in the budget, this amount would go into the fund balance.
On motion of Supervisor Nickens to approve adoption of the budget and
Capital Improvement Program, with contributions to local agencies as amended. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
272
May 23, 2000
RESOLUTION 052300-1 APPROVING THE FISCAL YEAR 2000-2001
BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of
all contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearing as required
thereon was held on May 9, 2000.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1. That there is hereby approved the annual budgetfor Fiscal Year2000-
2001 for Roanoke County, Virginia, as follows:
2. That the preparation and approval of this budget is for informative and
fiscal planning purposes only.
May 23, 2000
273
Revenue Estimates
General Fund
General Government
General Property Taxås
Other Local Taxes
Permits, Fees & Licenses
Fines and Forfeitures
Interest Income
Charges for Services
Commonweaith
Federal
Other
Total General Govemment
Comprehensive Services
E-911 Maintenance
Law Library
Recreation Fee Class
Internal Services
County Garage
Total General Fund
Debt Service Fund
Capital Projects Fund
Internal Service Fund
Water Fund
Beginning Balance
Total Water Fund
Sewer Fund
Beginning Balance
Total Sewer Fund
School Operating Fund
School Cafeteria Fund
School Capital Fund
School Grants Fund
School Textbook Fund
Total School Funds
Total Revenues All Funds
Less: Transfers
Total Net of Transfers
County of Roanoke
Budget Adoption
FY 2000-2001
Adopted
FY 2000-01
76,610,000
22,305,000
656,500
570,500
720,000
377.000
7,519,517
2,387,401
713,786
111,859,704
1,817,115
800,000
41,975
983,248
2,218,629
1,262,126
118,982,797
11,253,882
4,046,925
899,070
11,852,589
3,142,680
14,995,269
7,942,507
4,273,335
12,215,842
95,277,499
3,600,000
549,215
2,967,972
852,360
103,247,046
265,640,831
(74,828,046)
190,812,785
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May 23, 2000
County of Roanoke
Budget Adoption
FY 2000-2001
Adopted
FY 2000-01
Proposed Expenditures
General Fund
General Government
General Administration
Constitutional Officers
Judicial Administration
Management Services
Public Safety
Community Services
Human Services
Non-Departmentai
Transfers to School Operating Fund
Transfers to School - Future Operations
Transfers to Capital Fund
Transfers to County Garage
Transfers to Debt Service Fund
Other
Total General Government
Comprehensive Services
E-911 Maintenance
Law Library
Recreation Fee Class
Intemal Services
County Garage
Total General Fund
Debt Service Fund
2,515,097
7,143,422
786,515
2,145,780
11,451,900
8,452,554
10,862,640
4,186,801
49,297,791
1,500,000
1,965,201
1,262,126
8,411,807
1,878,070
111,859,704
1,817,115
800,000
41,975
983,248
2,218,629
1,262,126
118,982,797
11,253,882
4,046,925
899,070
12,371,556
2,623,713
14,995,269
9,908,053
2,307,789
12,215,842
95,277,499
3,600,000
549,215
2,967,972
852,360
103,247,046
265,640,831
(74,828,046)
190,812,785
Capital Projects Fund
Internal Service Fund
Water Fund
Unappropriated Balance
Total Water Fund
Sewer Fund
Unappropriated Balance
Total Sewer Fund
School Operating Fund
School Cafeteria Fund
School Capital Fund
School Grants Fund
School Textbook Fund
Total School Funds
Total Expenditures All Funds
Less: Transfers
Total Net of Transfers
May 23, 2000
275
County of'Roanoke
Budget Adoption
FY 2000-2001
Adopted
FY 2000-01
The above revenues and expenditures, the following beginning balance will
be appropriated to the UnapprQpriated Balances of the respective fund:
General Fund
Capital Fund
Future School Capital Fund
7,400,000
320,000
7,380,000
In addition, revenues collected for FY99-00 that exceed appropriations for the year will
be re-appropriated for specific capital expenditures:
Building Upgrades for Fire & Rescue
Financial System Upgrade
GASB 34 - Restructuring of Financial Reporting Model
VA Western Community College - Site Preparation-
Investment Tracking Software for Treasurer
Total
$500,000
100,000
50,000
32,267
41,000
$723,267
- 1/3 funding for 3 years (total of $96,800)
"'---,
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May 23, 2000
On motion of Supervisor Nickens to approve the budget, Capital Improvement
Program, and amended contributions to local agencies, and adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
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Reauest to submit a literary loan application for construction of
new South County Hiah School for an amount not to exceed
$7.500.000. (Diane Hvatt. Finance Director)
R-052300-2
Ms. Hyatt advised that the School Board is proceeding with the construction
of a new south county high school as part of Phase I ofthe Blue Ribbon Committee Study.
The architecture and engineering work is nearing completion and the site work will be bid
this month. The School Board is eligible to participate in the state literary loan program and
obtain loans for construction/renovation of school buildings. The loans are limited to bricks
and mortar costs and a maximum loan of $7,500,000 per school building. Funding is
provided by the state on a priority basis after the school plans have been submitted to the
state and as literary funds become available. The School Board adopted a resolution on
May 11, 2000 requesting the application for a literary loan. The current estimate for
construction costs is $17,400,000 and the School Board is eligible for 4% financing. She
asked that the Board approve a resolution authorizing the School Board to submit a literary
loan application for the new south county high school for a maximum amount of
$7,500,000. Supervisor Church moved to adoptthe resolution. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
May 23, 2000
277
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RESOLUTION 052300-2 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA APPROVING THE SUBMISSION
OF APPLICATION TO THE LITERARY FUND FOR AN AMOUNT NOT
TO EXCEED $7,500,000 FOR CONSTRUCTION OF NEW SOUTH
COUNTY HIGH SCHOOL
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia
(the .County") and the School Board of the County propose to finance a portion of the
cost of the construction of the New South County High School (the "Project") with a loan
from the Virginia Literary Fund in the amount of $7,500,000 (the "Loan") and the School
Board presented to the Board of Supervisors a proposed application addressed to the
State Board of Education of Virginia for the purpose of borrowing from the Literary Fund
the amount of $7,500,000 for the Project to be paid in 20 annual installments and at the
annual rate of 4% as set forth therein;
WHEREAS, the County expects to pay, after the date hereof, certain
expenditures (the "Expenditures") in connection with the construction and renovation of
the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS:
1. The application of the School Board to the State Board of
Education of Virginia for the Loan is hereby approved and authority is hereby granted to
the School Board of the County to borrow a maximum of $7,500,000 for the purposes
set forth in such application. The Board of Supervisors will each year during the life of
the Loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a
cash appropriation sufficient for operation expenses and to pay the Loan and the
interest thereon, as required by law regulating loans from the Literary Fund.
2. The County hereby declares its intent to reimburse itself with the
proceeds of one or more tax-exempt financings for the Expenditures with respect to the
Project made on and after that date which is no more than 60 days prior to the date
hereof (unless an exception is applicable). The maximum amount of such financings
expected to be issued for the Project is $7,500,000.
3. This resolution shall take effect immediately upon its passage,
ADOPTED this 23rd day of May, 2000,
On motion of Supervisor Church to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Church, Nickens, McNamara
NAYS: None
ABSENT: Supervisor Minnix
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Reauest to submit a literarv loan application for renovations to
Glenvar Middle School for an amount not to exceed
$6.500.000. (Diane Hvatt. Finance Director!
R-052300-3
278
May 23, 2000
Ms, Hyatt advised that this is a similar request as the item just presented.
The current estimate for construction costs related to the Glenvar Middle School
renovation is $5,400,000 and the School Board is eligible for 4% financing through the
literary loan.
Supervisor Nickens advised that he supported approval of the previous
item because it included a $7.5 million construction component for a $30 million project,
but he would not support this item which includes $6.5 million for construction of an $8.3
million project because he feels that the project cost is excessive. Supervisor Johnson
advised that the Board has a budget for the proposed south county high school but he
has received nothing from the School Board on Glenvar Middle School. In response to
questions, Ms. Hyatt advised that (1) the literary loan application must be approved and
submitted before advertising for the construction bids; (2) on June 13, 2000, staff will
bring back information on the actual site development costs; (3) before the construction
bids are awarded, Board approval will be necessary; and (4) the deadline for
construction bids is August 10, 2000. Supervisor Johnson advised that he still has
questions about the project which has grown from $3.3 million to $8.6 million, but he
would support approval so that the literary loan application can go forward.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, McNamara
Supervisor Nickens
ABSENT:
Supervisor Minnix
RESOLUTION 052300-3 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA APPROVING THE SUBMISSION
OF APPLICATIONS TO THE LITERARY FUND FOR AN AMOUNT NOT
TO EXCEED $6,500,000 FOR RENOVATIONS TO GLENVAR MIDDLE
SCHOOL
May 23, 2000
279
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia
(the "County") and the School Board of the County propose to finance a portion of the
cost of the renovation of the Glenvar Middle School (the "Project") with a loan from the
Virginia Literary Fund in the amount of $6,500,000 (the "Loan") and the School Board
presented to the Board of Supervisors a proposed application addressed to the State
Board of Education of Virginia for the purpose of borrowing from the Literary Fund the
amount of $6,500,000 for the Project to be paid in 20 annual installments and at the
annual rate of 4% as set forth therein;
WHEREAS, the County expects to pay, after the date hereof, certain
expenditures (the "Expenditures") in connection with the construction and renovation of
the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS:
1. The application of the School Board to the State Board of
Education of Virginia for the Loan is hereby approved and authority is hereby granted to
the School Board of the County to borrow a maximum of $6,500,000 for the purposes
set forth in such application. The Board of Supervisors will each year during the life of
the Loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a
cash appropriation sufficient for operation expenses and to pay the Loan and the
interest thereon, as required by law regulating loans from the Literary Fund.
2. The County hereby declares its intent to reimburse itself with the
proceeds of one or more tax-exempt financings for the Expenditures with respect to the
Project made on and after that date which is no more than 60 days prior to the date
hereof (unless an exception is applicable). The maximum amount of such financings
expected to be issued for the Project is $6,500,000.
3. This resolution shall take effect immediately upon its passage.
ADOPTED this 23rd day of May, 2000.
On motion of Supervisor Church to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Church, McNamara
NAYS: Supervisor Nickens
ABSENT: Supervisor Minnix
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Reauest to approve operatina contract with the Roanoke
Valley Society for the Prevention of Cruelty to Animals. (John
Chambliss. Assistant Administrator)
Mr. Chambliss advised that this request is for the authority to enter into an
agreement with the Roanoke Valley SPCA for a two year operating contract. He
advised that prior contracts have been based on a per animal per day basis of $8.75
and have cost the County approximately $29,300 per year. The proposed contract
includes a flat fee basis for $33,585.84 annually, payable at the rate of $2,798.92 per
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May 23, 2000
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month. He also advised that Roanoke County, Botetourt County, Roanoke City and the
Town of Vinton have been working for over a year to determine the best means of
providing animal impoundment facilities since the Roanoke Valley SPCA indicated that
they did not wish to provide impoundment and euthanasia service as of July 1, 2000,
and anticipated building a new facility for education and adoption of animals.
In
January, SPCA officials met with government representatives to suggest building a
regional impoundment facility which would be on the SPCA property and operated by
the SPCA under contract. If it is determined by the architects that a facility can be
constructed on the SPCA site, a capital plan and operation plan for joint service will be
negotiated.
Supervisor Nickens advised that he was concerned about the 14.5%
increase from $8,75 to $10.02; that there is no incentive to improve with an annual fee;
that two years for the contract is too long; and suggested that Mr. Chambliss and Mr.
Hodge contact the SPCA and express these concerns.
Supervisor Nickens moved to defer the item until the June 13, 2000
meeting. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
Supervisor Johnson suggested that the consideration of a regional
impoundment facility be placed on the agenda for the next joint meeting with Roanoke
City Council. Supervisor McNamara advised that while he shared the concerns already
expressed, he did not feel that the County could operate a regional facility for less than
the contract price.
May 23, 2000
281
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Reauest for appropriation of Governor's Opportunity Fund
arant of $500.000 and the Community Development Block
Grant of $700.000 to the Advance Auto proiect: and approval
of aareement with the Roanoke Vallev-Alleahanv Reaional
Commission. providina for a pavment not to exceed $38.000
for the administration of the CDBG. (Jovce Wauah. Economic
Development Assistant Director)
A-052300-4
Ms. Waugh advised that the Performance Agreement included provisions
for a $500,000 Governor's Opportunity Fund (GOF) grant and a $700,000 Community
Development Block Grant (CDBG), both of which were previously applied for and
awarded. Since April 11, 2000, the requisite CDBG agreements have been finalized
and executed and the Advance Auto/Boxley Hills Drainage Improvement Project is
scheduled to proceed. The Roanoke Valley-Alleghany Regional Commission has
agreed to administer the CDBG project for a cost not to exceed $38,000, which is
included in the administrative fees of $51,834 approved by the Virginia Department of
Housing and Community Development as part of the $700,000 CDBG. She asked that
the Board appropriate the GOF grant of $500,000 and the CDBG of $700,000 to the
Advance Auto Project and asked for approval of the agreement with the Roanoke
Valley-Allegheny Regional Commission to pay up to $38,000 of CDBG funds for
assistance. There was no discussion.
Supervisor Johnson moved to approve the request. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
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May 23, 2000
ABSENT:
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Supervisor Minnix
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA:
IN RE:
Supervisor Johnson moved to approve the first readings and set the
second readings and public hearings for June 27, 2000. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
1,
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Ordinance to obtain a Special Use Permit for a reliaious
assembly. located in the 6800 block of Thirlane Road. Catawba
Maaisterial District. upon the petition of Connelly Memorial
Baptist Church.
Ordinance to rezone .891 acre from 1-1C to C-2 to construct a
professional office with retail. located at 4902 Starkey Road.
Cave Sprlna Maaisterial District. upon the petition of Nancv
Meyer-Barker.
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Ordinance to rezone 2.868 acres from AV to C-2 to construct a
new automobile dealership. located in the 5100 block of
Franklin Road. Cave Sprina Maaisterlal District. upon the
petition of James R. Walker.
Ordinance to obtain a Special Use Permit to construct a 140
foot lattice tower and associated facilities. located on the
southern end of Brushv Mountain off of Route 311 and Route
794. Catawba Maaisterial District. upon the petition of Valley
Communications.
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Ordinance to obtain a Special Use Permit to construct a
reliaious assembly and day care facility. located between the
5400 block of Franklin Road and east of Indian Grave Road.
Cave Sprina Maç isterial District. upon the petition of Eyanael
Foursauare Church.
Ordinance to amend a condition. attached to a Special Use
Permit related to landscapina at a miniwarehouse facility.
located in the 7200 block of Barrens Road. Hollins Maaisterial
District. upon the petition of Three W Corp.
§.
May 23, 2000
283
IN RE:
FIRST READING OF ORDINANCES
1,
First readina of ordinance appropriatina the funds for the
fiscal year 2000-2001 budaet. (Brent Robertson. Budaet
Director)
Supervisor Johnson moved to approve the first reading of the ordinance.
Supervisor Nickens suggested that the motion include approval of the classification plan
that was distributed and the minor change in contributions that he requested earlier.
Chairman McNamara advised that Supervisor Johnson clarified his motion to include
this approval.
Supervisor Johnson moved to approve the first reading with the
classification plan and minor change and set the second reading for June 13, 2000.
The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Church, Nickens, McNamara
None
ABSENT:
Supervisor Minnix
IN RE:
APPOINTMENTS
1,
Board of Zonina Appeals
Supervisor Nickens nominated W. Eric Thomas to serve another five year
term which will expire June 30, 2005.
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Industrial Development Authoritv
Supervisor Nickens nominated Doug Chittum to replace a member who
has retired from the IDA. Supervisor Johnson advised that although membership is not
required to be by district, that with this nomination, the Vinton District would have two
284
May 23, 2000
members, and no member from the Hollins District. He advised that he is waiting to
hear if someone in the Hollins District is interested in being appointed. Chairman
McNamara advised that nominations for the IDA will be placed on the agenda for the
June 13, 2000 meeting.
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Parks and Recreation Advisory Commission
Supervisor Nickens nominated Roger Falls to serve another three year
term representing the Vinton District. His term will expire June 30, 2003.
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Roanoke Valley-AlleQhany Reaional Commission
Supervisor McNamara nominated Lee Osborne to serve as a citizen
representative for a three year term which will expire June 30, 2003.
§,
Roanoke Valley Resource Authority
Supervisor Nickens nominated Anne Marie Green to complete the
unexpired four year term of Elaine Carver which will expire December 31, 2003.
INRE:
ARRIVAL OF SUPERVISOR MINNIX
Supervisor Minnix arrived at 4:00 p,m. and asked the County Attorney if
he could vote "aye" at this time on the items that the Board members had already
approved.
Mr. Mahoney advised that the votes could not be changed but that
Supervisor Minnix could state his concurrence and support of the items already
approved. Supervisor Minnix asked that the record reflect his concurrence and support
of the previous items.
INRE:
R-O52300-5
CONSENT AGENDA
May 23, 2000
285
Supervisor McNamara moved to adopt the Consent Resolution. The
motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 052300-5 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
May 23, 2000, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
1. Approval of minute for April 11, 2000, April 25, 2000, and May 2,
2000 (Joint meeting with School Board).
2.
3.
Request to appropriate $173,234 in State funds to Social Services
Budget for five service programs.
Confirmation of committee appointments to Parks and Recreation
Advisory Commission and Roanoke Valley Convention and Visitors
Bureau.
4.
Ratification of member at-large appointment to the Blue Ridge
Community Services Board of Directors.
Request from Schools for appropriation of $9,023.20 to the
instructions program for use in the dual enrollment program.
5.
6,
Request from Schools for appropriation of donation of $1,310 from
six Lions Clubs for a vision screening machine.
Acceptance of water facilities serving The Park at Valleypointe,
Building "E".
7.
Donation of storm drainage easement on property owned by Ann E.
Staggs, Cave Spring Magisterial District, to the Board of
Supervisors.
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 McNamara to adopt the resolution, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
8.
286
May 23, 2000
NAYS:
None
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INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Donald E. Johnson. 2239 Pommel Dr. asked that the Board rescind the
June 27, 1999 amendment to the County Code (Section 30.91.2) which prohibits
parking of recreational vehicles on corner lots.
Chairman McNamara asked County Planner Terry Harrington to look at
the amendment to the ordinance and report back to the Board.
INRE:
REPORTS
Supervisor Minnix moved to receive and file the following reports, The
motion carried by a unanimous voice vote.
1,
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INRE:
General Fund Unappropriated Balance
Capital Fund Unappropriated Balance
Board Continaencv Fund
Future School Capital Reserve
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§..
Accounts paid - April 2000
Status Reports on County proiects.
L
Statement of Revenues and Expenditures for 10 month period
ended April 30. 2000.
CLOSED MEETING
At 4:05 p.m., Supervisor McNamara moved to go into Closed Meeting
following the work session pursuant to Code of Virginia Section 2.1-344 (1) personnel
matter, performance evaluations for County Attorney and County Administrator; and
May 23, 2000
287
Section 2.1-344 (1) personnel matter involving layoff of two individuals in the Sheriffs
Office. The motion carried by the following recorded vote:
AYES:
NAYS:
INRE:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
WORK SESSIONS (4TH FLOOR CONFERENCE ROOM)
1, Work session on amendments to the Sian Ordinance.
The work session was held 4:20 p.m. until 4:45 p.m. and was presented
by Mr. Hodge and County Planner Terry Harrington. There was discussion concerning
flexibility and the 250 foot separation requirement waiver, and it was the consensus of
the Board to amend the standard in paragraph 3 (a) as follows: No more than one
freestanding sign shall be allowed for each 250 feet of lot frontage, or portion thereof,
under single ownership or control. Mr. Harrington was asked to bring back a revised
ordinance at the public hearing and second reading of the ordinance at the evening
session.
INRE:
R-052300-6
CERTIFICATION RESOLUTION
At 7:00 p,m., Supervisor McNamara announced that the Closed Meeting
was held from 4:50 p.m. until 6:30 p.m., moved to return to open session and adopt the
Certification Resolution. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 052300-6 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
288
May 23, 2000
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the Board of Supervisors of Roanoke County, Virginia, that such closed
meeting was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Certification Resolution;
and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.
Resolution of congratulations to Cave Spring High School
Boys Swim Team for winning Group AAA State
Championship.
R-052300-7
Chairman McNamara and Supervisor Minnix presented the resolution and
Certificates of Recognition to members of the team who were present.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 052300-7 OF CONGRATULATIONS TO THE CAVE
SPRING HIGH SCHOOL BOYS SWIM TEAM FOR WINNING THE
GROUP AAA STATE CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools
in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
May 23, 2000
289
WHEREAS, the Cave Spring High School Boys Swim Team won the
Group AAA State Championship on February 19, 2000, at George Mason University,
edging past South Lakes of Reston, 188-183; and
WHEREAS, the Knights won their first state swimming championship with
eleven team members finishing in the state's top 16 in all events which showed the
team's depth; and
WHEREAS, Tommy Rappold led the team with a second place finish in
the 100-yard butterfly; Court Freedman placed fifth in the 500-yard freestyle; Andy
Bauman was sixth in the 200-yard individual medley; and the 200-yard medley relay
team of Rappold Bauman, Josh Hailey and David Shoulders placed third; and
WHEREAS, the Knights are coached by Christine Mastro who in her first
year of coaching guided the team to the state championship.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
members of the CAVE SPRING HIGH SCHOOL BOYS SWIM TEAM, Ryan F. Adams;
Andrew S. Bauman; Ryan M. Blackwell; Kevin W. Boucher; C. Daniel Eggleston; Brett
D. Fonder; J. Courtland Freedman; Joshua R. Hailey; David E. Harbourt; Jason C,
Nanz; Ryan Owenby; Thomas E. Rappold, Jr.; Alex R. Seamon; Joshua W. Shepherd;
David W. Shoulders; Trey Watkins; Barret M. Wertz; and Adam P. Wood for their
athletic ability, their team spirit, and their commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its
best wishes to the members of the team, Coach Mastro, and the school in their future
endeavors.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
2....
Proclamation declaring the month of May. 2000 as Foster
Care and Foster Home Recruitment Month in Roanoke
County.
Chairman McNamara presented the proclamation to Michael Metz,
Supervisor for Foster Care, Department of Social Services, and Mr. and Mrs. Elbert
Dovel!, who are one of the nine currently approval foster homes taking care of 44
Roanoke County children.
Supervisor Nickens moved to adopt the proclamation. The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
290
May 23, 2000
NAYS:
None
~
Proclamation declaring month of May. 2000 as Adult
Abuse Prevention Month in Roanoke County.
Chairman McNamara presented the proclamation to Michael Metz, Social
Services.
Supervisor Johnson moved to adopt the proclamation. The motion carried
by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
INRE:
NEW BUSINESS
1,
Reauest from the Sheriff for approval to execute a new
employment agreement with the Roanoke County Board of
Supervisors.
(Sheriff Gerald Holt) (ACTION CONTINUED
FROM MAY 9.2000)
A-052300-8 . DENIED
Sheriff Holt advised that this action was carried over from the May 9
meeting and the reason for the request is that the State Compensation Board
Classification Plan is in conflict with Roanoke County's Pay and Classification Plan for
eight positions. In an effort to better comply with the State mandated plan and the
County's plan, this proposal would enable operation of the Sheriffs Office with a block
grant to continue the supplemental pay that the Board has provided for the deputy
sheriffs over a number of years. He asked for suggestions from the Board if this plan is
not acceptable.
May 23, 2000
291
Supervisor Johnson advised that he thinks this is a backwards approach
to fairly compensating for employees who are under the State Compensation Board
Classification Plan; he feels that the State Compensation Board should have been
abolished years ago; and does not support withdrawing employees from the County's
plan.
In response to Supervisor Church's inquiries, Sheriff Holt advised that
since he received conflicting information from members of the County staff and the
State Compensation Board, he hired an outside attorney with money from his budget.
Sheriff Holt advised that if released from the State's plan, he would handle the
employee grievances modeled after the one used by the Roanoke County School
Board. Regarding the amount of attorney's fees to date, Sheriff Holt responded that he
would have to bring that information back to the Board.
Supervisor Nickens advised that Mr. Hodge stated in his comments on the
Board report, that if the Board chooses to keep the Sheriff in the County's plan, he will
work to develop a better method of reconciling State and County classification.
Supervisor Nickens advised that he feels that Roanoke County and its employees can
best function under the County's plan. Supervisor Minnix advised that he would support
denial of the request because there is no way to provide future protection if the
employees are removed from the County's plan. Supervisor Johnson advised that
Sheriff Holt has made a legitimate request and asked Mr. Hodge to provide assistance
towards finding a redress for the problems.
Supervisor Nickens moved to deny approval of the request. The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
292
May 23, 2000
IN RE:
PUBLIC HEARINGS
L
Public hearinas and adoDtion of resolutions reauired for
issuance of revenue bonds to finance the followina
imDrovements to the County's water system. (Diane Hvatt.
Finance Director)
g.
Up to $820.000 for extension of water system to the
Little Brushy Mountain community.
R-O52300-9
Ms. Hyatt advised that on Mach 23, 1999, the Board approved the
construction of an extension of the water system to the Little Brushy Mountain
community. The project was approved under the Citizen Participation Program, and the
County qualified for a loan from the Drinking Water State Revolving Fund Program at an
interest rate of 3% which was passed on to the participating property owners. The
bonds will be paid back over a twenty year period with an annual debt service of
$55,850. In response to Supervisor Minnix's inquiry, Ms. Hyatt advised that while the
interest rate for the Little Brushy Mountain project is 3%, the interest rate for the
Clearbrook Lane Community project is 4% with the difference due to commercial
properties in Clearbrook. There was no discussion and no citizens requested to speak
on this issue,
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
May 23, 2000
293
-
RESOLUTION 052300-9 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND
APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF
ROANOKE, VIRGINIA, WATER REVENUE BOND, SERIES 2000B,
IN THE MAXIMUM PRINCIPAL AMOUNT OF $820,000, AND
SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR
THE PAYMENT THEREOF RECITALS
A. The Board of Supervisors (the "Board") of the County of
Roanoke, Virginia (the "County") has determined that it is necessary and
desirable to issue its Water Revenue Bond, Series 2000B, in the maximum
principal amount of $820,000 (the "Bond"), and to use the proceeds thereof,
along with other available funds, if any, to (i) finance the costs of certain capital
improvements to the County's water system incurred in connection with the
extension of the water system to the Little Brushy Mountain community and (ii)
pay the costs of issuance of the Bond (the "Project").
B. On May 23, 2000, the Board held a public hearing on the
issuance of the Bond in accordance with the requirements of Section 15.2-2606
of the Code of Virginia of 1950, as amended (the "Virginia Code").
C. The Bond will be sold by the County to the Virginia Water
Supply Revolving Fund (the "Fund"), acting by and through the Virginia
Resources Authority, pursuant to the terms of a Financing Agreement (the
"Financing Agreement") between the County and the Fund, to be dated as of a
date specified by the Fund.
D. The Bond will be issued as "Parity Indebtedness" as defined in
the Master Indenture of Trust dated as of October 1, 1991 (as amended and
supplemented, the "Indenture"), between the County and Crestar Bank, as
Trustee. The Bond will be secured by a pledge of the revenues (as more
particularly defined in the Financing Agreement, the "Revenues") derived by the
County from the ownership and operation of its water system (as more
particularly defined in the Financing Agreement, the "System"). The Bond will be
secured on parity with the County's outstanding Bonds (as defined in the
Indenture) and Parity Indebtedness with respect to the pledge of Revenues, but
will not be secured by the Debt Service Reserve Fund created pursuant to the
Indenture.
E. The foregoing arrangements will be reflected in the Financing
Agreement, a form of which has been presented to this meeting and filed with the
County's documents.
NOW, THEREFORE, be it resolved by the Board of Supervisors of the
County of Roanoke, Virginia that:
1. Election to Proceed Under Public Finance Act of 1991. The
Board hereby elects to issue the Bond under the provisions of the Public Finance
Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act")
without regard to the requirements, restrictions or other provisions contained in
the Charter of the County.
294
May 23, 2000
2. Authorization of Bond and Use of Proceeds. The Board hereby
finds and determines that it is advisable and in the best interest of the County to
contract a debt and to issue the Bond in the maximum principal amount of
$820,000, and to award and sell the Bond to the Fund, all pursuant to the Public
Finance Act and the terms of this Resolution and the Financing Agreement. Such
issuance, award and sale of the Bond are hereby authorized and approved. The
Bond shall be known as the "County of Roanoke, Virginia, Water Revenue Bond,
Series 2000B." The proceeds from the issuance and sale of the Bond shall be
used, together with other available funds, if any, to pay the costs of the Project.
3. Details of Bond. The Bond shall be issued as a single bond in fully
registered form and shall be dated the date of its issuance and delivery. The
County Administrator is authorized and directed to determine and approve all of
the other final details of the Bond, including without limitation, the maximum
principal amount authorized to be advanced thereunder, the interest rate, the
maturity or payment dates and amounts and the final maturity date; provided,
however, that (i) the maximum principal amount authorized to be advanced under
the Bond shall not exceed $820,000, (ii) the interest rate on the Bond shall not
exceed three percent (3%) per annum, (Hi) the Bond shall have a substantially
level maturity or payment schedule from and after the date on which the first
payment of principal is due thereunder, and (iv) the final maturity date of the Bond
shall be no later than December 31, 2025, The County Administrator's approval
of such details shall be evidenced conclusively by the due execution and delivery
to the Fund of the Bond on the County's behalf.
4. Pledge of Revenues. The Bond shall be a limited obligation of the
County and, except to the extent payable from the proceeds of the sale of the
Bond or the income, if any, derived from the investment thereof, is payable
exclusively from the Revenues of the System which the County hereby pledges to
the payment of the principal of and interest on the Bond pursuant to the terms of
the Financing Agreement. The Bond will be issued as Parity Indebtedness as
defined in the Indenture, and will be secured on parity with the County's
outstanding Bonds (as defined in the Indenture) and Parity Indebtedness with
respect to the pledge of Revenues, but will not be secured by the Debt Service
Reserve Fund created pursuant to the Indenture. Neither the Commonwealth of
Virginia nor any of its political subdivisions, including the County, shall be
obligated to pay the principal of or interest on the Bond or other costs incident to
it except from the revenues and any other money or property pledged for such
purpose, and neither the faith and credit nor the taxing power of the
Commonwealth of Virginia or any of its political subdivisions, including the
County, is pledged to the payment of the principal of or interest on the Bond or
other costs incident to it. The issuance of the Bond does not directly, indirectly or
contingently obligate the Commonwealth of Virginia or any of its political
subdivisions, including the County, to levy any taxes for the payment of the Bond.
5. Form of Bond. The Bond shall be in substantially the form
attached as Exhibit A to the Financing Agreement, with such variations, insertions
or deletions as may be approved by the Chairman of the Board (the "Chairman")
or the Vice Chairman of the Board (the "Vice Chairman"). There may be
May 23, 2000
295
~
endorsed on the Bond such legend or text as may be necessary or appropriate to
conform to any applicable rules and regulations of any governmental authority or
any usage or requirement of law with respect thereto,
6. Evidence of Acproval. The Chairman's or Vice Chairman's
approval or determination of all of the details and provisions of the Bond that he
has been authorized and/or directed to approve under this Resolution shall be
evidenced conclusively by his execution and delivery of the Bond on the County's
behalf.
7. Redemction of Bond. The Bond shall be subject to optional
redemption at the direction of the County, without penalty or premium, in whole or
in part, at any time, upon the terms set forth in the Bond and the Financing
Agreement. .
8. Execution and Delivery of Bond. The Chairman or Vice
Chairman is authorized and directed to execute the Bond. The Clerk of the Board
(the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized
and directed to affix the seal of the County to the executed Bond and to attest it
and then to deliver the Bond or cause the Bond to be delivered to the Fund upon
payment of the first principal advance thereunder. An authorized representative
of the Fund shall enter the amount and date of each principal advance as
provided in the Certificate of Advances attached to the Bond when the proceeds
of such advance are delivered to the County.
9. Registration. Transfer and Exchange. The Board appoints the
Director of Finance as its registrar and transfer agent to keep books for the
registration and transfer of the Bond and to make such registrations and transfers
on such books under such reasonable regulations as the County may prescribe.
Upon surrender for transfer or exchange of the Bond at the office of the Director
of Finance, the County shall cause the execution and delivery in the name of the
transferee or registered owner, as applicable, of a new Bond for a principal
amount equal to the Bond surrendered and of the same date and tenor as the
Bond surrendered, subject in each case to such reasonable regulations as the
County may prescribe. If surrendered for transfer, exchange, redemption or
payment, the Bond shall be accompanied by a written instrument or instruments
of transfer or authorization for exchange, in form and substance reasonably
satisfactory to the Director of Finance, duly executed by the registered owner or
by his or her duly authorized attorney-in-fact or legal representative.
A new Bond delivered upon any transfer or exchange shall be a valid
limited obligation of the County, evidencing the same debt as the Bond
surrendered and shall be entitled to all of the security and benefits of this
Resolution to the same extent as the Bond surrendered.
10. Charaes for Exchanae or Transfer. No charge shall be made for
any exchange or transfer of the Bond, but the Director of Finance may require
payment by the holder of the Bond of a sum sufficient to cover any tax or any
other governmental charge that may be imposed in relation thereto.
11. Mutilated. Lost. Stolen or Destroved Bond. If the Bond has been
mutilated, lost, stolen or destroyed, the County shall execute and deliver a new
Bond of like date and tenor in exchange and substitution for, and upon delivery to
296
May 23, 2000
r=
the Director of Finance and cancellation of, such mutilated Bond, or in lieu of and
in substitution for such lost, stolen or destroyed Bond; provided, however, that the
County shall execute, authenticate and deliver a new Bond only if its registered
owner has paid the reasonable expenses and charges of the County in
connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has
filed with the Director of Finance evidence satisfactory to him or her that such
Bond was lost, stolen or destroyed and that the holder of the Bond was its
registered owner and (ii) has furnished to the County indemnity satisfactory to the
Director of Finance. If the Bond has matured, instead of issuing a new Bond, the
County may pay the Bond without surrender upon receipt of the aforesaid
evidence and indemnity.
12. Approval of Financing Aareement. The Financing Agreement is
approved in substantially the form presented to this meeting, with such changes,
insertions or omissions as may be approved by the Chairman or Vice Chairman,
whose approval shall be evidenced conclusively by the execution and delivery of
the Financing Agreement on the County's behalf, and the Chairman or Vice
Chairman is authorized to complete the Financing Agreement with the final terms
and details of the Bond as determined pursuant to paragraph 3. The Chairman or
Vice Chairman is authorized to execute and deliver the Financing Agreement and
such other documents and certificates as such officer may consider necessary in
connection therewith.
13. Further Actions: Authorized Representative. The Chairman, the
County Administrator and the Director of Finance and such officers and agents of
the County as may be designated by any of them are authorized and directed to
take such further actions as they deem necessary regarding the issuance and
sale of the Bond and the execution, delivery and performance of the Financing
Agreement, including, without limitation, the execution and delivery of closing
documents and certificates. All such actions previously taken by such officers
and agents are ratified and confirmed. The Chairman, County Administrator and
the Director of Finance are designated the County's Authorized Representatives
for purposes of the Financing Agreement.
Filing of Resolution. The County Attorney is authorized and directed to
file a certified copy of this Resolution with the Circuit Court of the County of
Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia
Code.
14. Effective Date. This Resolution shall take effect immediately.
ADOPTED this 23m day of May, 2000.
On motion of Supervisor Church to adopt the resolution, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
b.
UD to $207.000 for extension of the water svstem to the
Clearbrook Lane community.
May 23, 2000
297
R-052300-10
Ms. Hyatt advised that on November 9, 1999, the Board approved the
construction of an extension of the water system to the Clearbrook Lane community.
This project was approved under the Citizen Participation program and the County
qualified for a loan from the Drinking Water State Revolving Fund Program at an
interest rate of 4% which was passed on to participating property owners. The bonds
will be paid back over a twenty year period at 4% with an annual debt service of
$15,389.
Supervisor McNamara advised that this is a good program and that he
would like to see a uniform rate for water projects. He moved to adopt the resolution,
but withdrew his motion to allow Supervisor Minnix to make the motion. There was no
discussion and no citizens present to speak on the issue.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
RESOLUTION 052300-10 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING
THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE,
VIRGINIA, WATER REVENUE BOND, SERIES 2000A, IN THE
MAXIMUM PRINCIPAL AMOUNT OF $207,000, AND SETTING FORTH
THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT
THEREOF
RECITALS
A. The Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County") has determined that it is necessary and desirable to issue its
Water Revenue Bond, Series 2000A, in the maximum principal amount of $207,000 (the
"Bond"), and to use the proceeds thereof, along with other available funds, if any, to (I)
finance the costs of certain capital improvements to the County's water system incurred
in connection with the extension of the water system to the Clearbrook Lane community
and (ii) pay the costs of issuance of the Bond (the "Project").
298
May 23, 2000
B. On May 23, 2000, the Board held a public hearing on the issuance
of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of
Virginia of 1950, as amended (the "Virginia Code").
C. The Bond will be sold by the County to the Virginia Water Supply
Revolving Fund (the "Fund"), acting by and through the Virginia Resources Authority,
pursuant to the terms of a Financing Agreement (the "Financing Agreement") between
the County and the Fund, to be dated as of a date specified by the Fund.
D. The Bond will be issued as "Parity Indebtedness" as defined in the
Master Indenture of Trust dated as of October 1, 1991 (as amended and supplemented,
the "Indenture"), between the County and Crestar Bank, as Trustee. The Bond will be
secured by a pledge of the revenues (as more particularly defined in the Financing
Agreement, the "Revenues") derived by the County from the ownership and operation of
its water system (as more particularly defined in the Financing Agreement, the
"System"). The Bond will be secured on parity with the County's outstanding Bonds (as
defined in the Indenture) and Parity Indebtedness with respect to the pledge of
Revenues, but will not be secured by the Debt Service Reserve Fund created pursuant
to the Indenture.
E. The foregoing arrangements will be reflected in the Financing
Agreement, a form of which has been presented to this meeting and filed with the
County's documents
NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of
Roanoke, Virginia that:
1. Election to Proceed Under Public Finance Act of 1991, The Board
hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991,
Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to
the requirements, restrictions or other provisions contained in the Charter of the County.
2. Authorization of Bond and Use of Proceeds. The Board hereby finds and
determines that it is advisable and in the best interest of the County to contract a debt
and to issue the Bond in the maximum principal amount of $207,000, and to award and
sell the Bond to the Fund, all pursuant to the Public Finance Act and the terms of this
Resolution and the Financing Agreement. Such issuance, award and sale of the Bond
are hereby authorized and approved. The Bond shall be known as the "County of
Roanoke, Virginia, Water Revenue Bond, Series 2000A." The proceeds from the
issuance and sale of the Bond shall be used, together with other available funds, if any,
to pay the costs of the Project.
3. Details of Bond. The Bond shall be issued as a single bond in fully
registered form and shall be dated the date of its issuance and delivery. The County
Administrator is authorized and directed to determine and approve all of the other final
details of the Bond, including without limitation, the maximum principal amount
authorized to be advanced thereunder, the interest rate, the maturity or payment dates
and amounts and the final maturity date; provided, however, that (i) the maximum
principal amount authorized to be advanced under the Bond shall not exceed $207,000,
(Ii) the interest rate on the Bond shall not exceed four percent (4%) per annum, (iii) the
Bond shall have a substantially level maturity or payment schedule from and after the
date on which the first payment of principal is due thereunder, and (iv) the final maturity
date of the Bond shall be no later than December 31, 2025. The County Administrator's
approval of such details shall be evidenced conclusively by the due execution and
delivery to the Fund of the Bond on the County's behalf.
May 23, 2000
299
4, Pledae of Revenues. The Bond shall be a limited obligation of the
County and, except to the extent payable from the proceeds of the sale of the Bond or
the income, if any. derived from the investment thereof, is payable exclusively from the
Revenues of the System which the County hereby pledges to the payment of the
principal of and interest on the Bond pursuant to the terms of the Financing Agreement.
The Bond will be issued as Parity Indebtedness as defined in the Indenture, and will be
secured on parity with the County's outstanding Bonds (as defined in the Indenture) and
Parity Indebtedness with respect to the pledge of Revenues, but will not be secured by
the Debt Service Reserve Fund created pursuant to the Indenture, Neither the
Commonwealth of Virginia nor any of its political subdivisions, including the County,
shall be obligated to pay the principal of or interest on the Bond or other costs incident
to it except from the revenues and any other money or property pledged for such
purpose, and neither the faith and credit nor the taxing power of the Commonwealth of
Virginia or any of its political subdivisions, including the County, is pledged to the
payment of the principal of or interest on the Bond or other costs incident to it. The
issuance of the Bond does not directly, indirectly or contingently obligate the
Commonwealth of Virginia or any of its political subdivisions, including the County, to
levy any taxes for the payment of the Bond,
5. Form of Bond. The Bond shall be in substantially the form attached as
Exhibit A to the Financing Agreement, with such variations, insertions or deletions as
may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman
of the Board (the "Vice Chairman"), There may be endorsed on the Bond such legend
or text as may be necessary or appropriate to conform to any applicable rules and
regulations of any governmental authority or any usage or requirement of law with
respect thereto.
6. Evidence of Approval. The Chairman's or Vice Chairman's approval or
determination of all of the details and provisions of the Bond that he has been
authorized and/or directed to approve under this Resolution shall be evidenced
conclusively by his execution and delivery of the Bond on the County's behalf,
7, Redemption of Bond. The Bond shall be subject to optional redemption
at the direction of the County, without penalty or premium, in whole or in part, at any
time, upon the terms set forth in the Bond and the Financing Agreement.
8. Execution and Delivery of Bond. The Chairman or Vice Chairman is
authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or
the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the
seal of the County to the executed Bond and to attest it and then to deliver the Bond or
cause the Bond to be delivered to the Fund upon payment of the first principal advance
thereunder. An authorized representative of the Fund shall enter the amount and date
of each principal advance as provided in the Certificate of Advances attached to the
Bond when the proceeds of such advance are delivered to the County.
9. Reaistration. Transfer and Exchanae. The Board appoints the Director
of Finance as its registrar and transfer agent to keep books for the registration and
transfer of the Bond and to make such registrations and transfers on such books under
such reasonable regulations as the County may prescribe.
Upon surrender for transfer or exchange of the Bond at the office of the Director of
Finance, the County shall cause the execution and delivery in the name of the
transferee or registered owner, as applicable, of a new Bond for a principal amount
equal to the Bond surrendered and of the same date and tenor as the Bond
surrendered, subject in each case to such reasonable regulations as the County may
prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall
300
May 23, 2000
be accompanied by a written instrument or instruments of transfer or authorization for
exchange, in form and substance reasonably satisfactory to the Director of Finance,
duly executed by the registered owner or by his or her duly authorized attorney-in-fact
or legal representative.
A new Bond delivered upon any transfer or exchange shall be a valid limited obligation
of the County, evidencing the same debt as the Bond surrendered and shall be entitled
to all of the security and benefits of this Resolution to the same extent as the Bond
surrendered.
10. Charaes for Exchanae or Transfer. No charge shall be made for any
exchange or transfer of the Bond, but the Director of Finance may require payment by
the holder of the Bond of a sum sufficient to cover any tax or any other governmental
charge that may be imposed in relation thereto.
11. Mutilated. Lost. Stolen or Destroved Bond. If the Bond has been
mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of
like date and tenor in exchange and substitution for, and upon delivery to the Director of
Finance and cancellation of, such mutilated Bond, or in lieu of and in substitution for
such lost, stolen or destroyed Bond; provided, however, that the County shall execute,
authenticate and deliver a new Bond only if its registered owner has paid the
reasonable expenses and charges of the County in connection therewith and, in the
case of a lost, stolen or destroyed Bond (i) has filed with the Director of Finance
evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and
that the holder of the Bond was its registered owner and (Ii) has furnished to the County
indemnity satisfactory to the Director of Finance, If the Bond has matured, instead of
issuing a new Bond, the County may pay the Bond without surrender upon receipt of the
aforesaid evidence and indemnity.
12. Approval of Financina Aareement. The Financing Agreement is
approved in substantially the form presented to this meeting, with such changes,
insertions or omissions as may be approved by the Chairman or Vice Chairman, whose
approval shall be evidenced conclusively by the execution and delivery of the Financing
Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to
complete the Financing Agreement with the final terms and details of the Bond as
determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to
execute and deliver the Financing Agreement and such other documents and
certificates as such officer may consider necessary in connection therewith.
13. Further Actions: Authorized Representative. The Chairman, the
County Administrator and the Director of Finance and such officers and agents of the
County as may be designated by any of them are authorized and directed to take such
further actions as they deem necessary regarding the issuance and sale of the Bond
and the execution, delivery and performance of the Financing Agreement, including,
without limitation, the execution and delivery of closing documents and certificates. All
such actions previously taken by such officers and agents are ratified and confirmed.
The Chairman, County Administrator and the Director of Finance are designated the
County's Authorized Representatives for purposes of the Financing Agreement.
Filina of Resolution. The County Attorney is authorized and directed to file a
certified copy of this Resolution with the Circuit Court of the County of Roanoke,
Virginia, pursuant to Sections 15,2-2607 and 15.2-2627 of the Virginia Code.
14. Effective Date. This Resolution shall take effect immediately.
ADOPTED this 23'" day of May, 2000.
May 23, 2000
301
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCE
1,
First readina of ordinance to increase the salaries of the
members of the Board of Supervisors of Roanoke County
pursuant to Section 3.07 of the RoanokeCountv Charter and
Section 14.1-46.01 :01 of the Code of Virainia. (Paul Mahoney.
County Attorney)
Mr. Mahoney advised that this is the first reading and public hearing to
increase the salaries of the members of the Board of Supervisors. The State Code and
County Charter requires that any increase in Supervisors' salaries be accomplished by
ordinance after a public hearing between May 1 and June 30, and that any increase be
limited to an annual five percent inflation factor, The ordinance presented has a 4%
increase which would result in $486.88 for each Supervisor. The second reading is
scheduled for June 13, 2000, There was no discussion and no citizens present to
speak on this issue.
Supervisor Johnson moved to approve the first reading and set the
second reading for June 13, 2000. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
~
First readina of ordinance authorizina the aranting of an
easement to James Leslie Duaaer and Melvie Harkleroad
Duaaer in connection with their use of a portion of Countv
302
May 23, 2000
Tank Lot No.3 located at 5417 Scout Circle (Route 1240\ in
Cherokee Hills. Catawba Maaisterial District. (Paul Mahoney.
County Attorney)
Mr. Mahoney advised that Mr. Dugger approached the County to secure
an easement across an existing County tank and well lot which would assist him in
selling his property. Due to a mistake on the part of the newspaper, the legal notice for
this public hearing was not advertised, but a legal notice for a public hearing will be
published before the second reading on June 13, 2000, He advised that he was unsure
if the Board wanted any payment from Mr. Dugger for the easement, and that when the
County acquires underground utility easements, usually 40% of fair market value is
offered, and that amount in this case would be $150. Supervisor Church advised that
granting this easement is the only way that a driveway could reasonably be obtained for
Mr. Dugger's property.
Supervisors Nickens, Church and Minnix agreed that no
consideration was necessary, and Supervisors McNamara and Johnson suggested that
$150 would be appropriated. Supervisor Johnson advised that consideration has to be
at least $1.00 to fulfill the elements of a contract. Supervisor Nickens requested that
Mr. Mahoney inform the newspaper that due to their mistake, payment for the legal
notice would not be made from the County or Mr. Dugger.
Supervisor Church moved to approve the first reading with compensation
at $1.00 and set the second reading and public hearing for June 13, 2000, The motion
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
May 23, 2000
303
1,
Second readina of an ordinance to rezone from C-2 with
conditions to C-2 (without conditions) and obtain a Special
Use Permit for a reliaious assembly master plan. located in the
4800 block of Cloverdale Road. Hollins Maaisterial District.
upon the petition of Bonsack Baptist Church.
Harrinaton. Countv Planner)
(Terrv
0-052300-11
Mr. Harrington advised that this is the petition of Bonsack Baptist Church
for a special use permit and rezoning to remove conditions for a three phase master
plan for a religious assembly and related uses.
The Planning Commission
recommended approval of the petition with two conditions which he described.
Ms, Mary Ellen Goodlatte, representing the Bonsack Baptist Church,
explained that the church owns property on both sides of Kingsmen Road near the
intersection of Route 460 and Cloverdale Road. On one side of Kingsmen Drive is
located the church structures and parking lot which is zoned R-1. On the other side of
Kingsmen Road, is a 7.9 acre parcel purchased in 1997 by the church from the Greater
Roanoke Development Foundation which is zoned C-2. She advised that Phase I is for
grading and paving for the development of an additional 290 parking spaces,
stormwater detention facilities, recreation field and shelter on this 7.97 acre commercial
site with the projected time frame being immediate pending approval of this petition.
Phase II focuses on the property across the street, and includes the addition of (2) two
classrooms, administrative offices, pedestrian bridge with drop off lobby and canopy
that crosses Kingsmen Road with the projected time frame being four years. Phase III
completes the plan with a sanctuary addition with an 1800 seat capacity, and other
renovations with the time frame being approximately 12 to 15 years.
304
May 23, 2000
Supervisor Johnson suggested that it would be in the best interests of the
church that Kingsmen Road be vacated so that the bridge and canopy for Phase II
would not be necessary.
Dr. Bill Loope, pastor of Bonsack Baptist Church, advised that he has
been with the church for the past 24 years of their 120 year history; has watched the
growth, need and ministry provided by the church; and would appreciate the Board
approving the petition.
Supervisor Johnson moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
-
ORDINANCE 052300-11 TO CHANGE THE ZONING CLASSIFICATION
OF A 7.97-ACRE TRACT OF REAL ESTATE LOCATED IN THE 4800
BLOCK OF CLOVERDALE ROAD (TAX MAP NO. 40.01-1-17) IN THE
HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF C-2 WITH CONDITIONS TO THE ZONING
CLASSIFICATION OF C-2 (REMOVING CONDITIONS), AND
APPROVING A SPECIAL USE PERMIT FOR THE CHURCH'S THREE
PHASE MASTER PLAN FOR A NEW RELIGIOUS ASSEMBLY AND
RELATED USES, UPON THE APPLICATION OF BONSACK BAPTIST
CHURCH
WHEREAS, the first reading of this ordinance was held on April 25, 2000,
and the second reading and public hearing were held May 23, 2000; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on May 2, 2000; and
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real estate
containing 7.97 acres, as described herein, and located in the 4800 block of Cloverdale
Road (Tax Map Number 40.01-1-17) in the Hollins Magisterial District, is hereby
changed from the zoning classification of C-2, General Commercial District with
conditions, to the zoning classification of C-2, General Commercial District, without
conditions. The following conditions, proffered in a 1988 rezoning, are hereby deleted:
(a) Screening and buffering, Type E, option 2 (50-foot buffer
yard with landscaping),
(b) Route 608 will not be used for industrial access.
May 23, 2000
305
-
Church.
3. That a Special Use Permit is hereby approved for the Church's
three phase master plan for a new religious assembly and related uses. This Special
Use Permit shall apply to Tax Map No. 40,01-1-17, 40.01-1-7, and 40.01-1-8 and is
subject to the following conditions:
(a) The master plan shall be in substantial conformance with the
concept plan prepared by Hughes & Associates, dated
February 9, 2000.
(b) Any new entrances from the parking area identified in Phase
I, shall be aligned with existing church-property entrances on
Kingsmen Road.
4. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
(c) An earthen berm will be provided to screen the loading dock
area.
That this action is taken upon the application of Bonsack Baptist
2.
~
Second readlna of an ordinance to obtain a Special Use Permit
for a day care center located at 1928 Loch Haven Drive.
Catawba Maaisterial District. upon the petition of Valley Word
Ministries. (Terry Harrinaton. County Planner)
0-052300-12
Mr. Harrington advised that this is a petition for a special use permit to
operate a day care center. The Planning Commission recommended approval of the
petition with no proffered conditions. There was no discussion and no citizens present
to speak on the issue.
Supervisor Johnson suggested that any time something is done in this
area, the County needs to be sure that the petitioners are aware of possible
displacement and rearrangement due to expansion of Interstate 81.
306
May 23, 2000
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
ORDINANCE 052300-12 GRANTING A SPECIAL USE PERMIT TO
VALLEY WORD MINISTRIES FOR A DAY CARE CENTER TO BE
LOCATED AT 1928 LOCH HAVEN DRIVE (TAX MAP NO. 36.07-1-
4.1), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Valley Word Ministries has filed a petition for a special use
permit for a day care center to be located at 1928 Loch Haven Drive (Tax Map No.
36.07-1-4.1) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this
matter on May 2, 2000; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a
first reading on this matter on April 25, 2000; the second reading and public hearing on
this matter was held on May 23, 2000.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to
Valley Word Ministries for a day care center to be located at 1928 Loch Haven Drive
(Tax Map No. 36.07-1-4.1) in the Catawba Magisterial District is substantially in accord
with the adopted 1999 Community Plan pursuant to the provisions of § 15.2-2232 of the
1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved.
2, That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be, and the same hereby are, repealed. The Zoning
Administrator is directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance,
On motion of Supervisor Church to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
~
Second reading of an ordinance to adopt an official map for
Roanoke County showina the location ånd future right-of-wav
width of the proposed extension of Dow Hollow Road to the
Roanoke County Center for Research and Technoloav
{RCCRTI. (Terrv Harrinaton. County Planner)
May 23, 2000
307
-
0-052300-13
Mr. Harrington advised that is the second reading of an ordinance which
would designate the official map for the extension of Dow Hollow Road, As indicated at
the first reading, the master plan for the RCCRT designated several road access points
to the planned research park. A second access option for the park is an extension of
Dow Hollow Road to the western edge of the site. He requested approval of a location
for that extension based upon a known center line and is designated to be 100 feet in
width. He stated that adoption of a map would serve two purposes: (1) The official map
would be a formal plan of the County showing the future proposed right-of-way of Dow
Hollow Road, and would serve as the formal notice to the community of the County's
eventual intention to construct a second access into the park when the traffic demands
justifies such an entrance; and (2) State law provides that if a right-of-way is shown on
an official map, the County would have, by law, additional time to negotiate and acquire
a property, if property within the right-of-way was proposed for development. The
planning staff and Planning Commission recommend that the Board approve the official
map amendment. There was no discussion and no citizens present to speak on the
issue.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
ORDINANCE 052300-13 APPROVING AND ADOPTING AN OFFICIAL
STREET MAP FOR ROANOKE COUNTY BY THE IDENTIFICATION OF
THE LOCATION OF A FUTURE RIGHT-OF-WAY FOR AN EXTENSION
OF DOW HOLLOW ROAD TO THE ROANOKE COUNTY CENTER
FOR RESEARCH AND TECHNOLOGY
308
May 23, 2000
WHEREAS, Section 15.2-2233 of the 1950 Code of Virginia, as
amended, provides that localities may adopt an official map showing proposed public
streets; and
WHEREAS, in April of 1999, the Board of Supervisors of Roanoke
County approved a master plan for the Roanoke County Center for Research and
Technology (RCCRT), said approval being a rezoning of the RCCRT property on
Glenmary Drive to PTD (Planned Technology District); and
WHEREAS, the approved master plan for the RCCRT designated and
proposed a future second access to the site by the realignment and extension of Dow
Hollow Road to the westem boundary of the RCCRT property; and
WHEREAS, the review and approval of this rezoning was undertaken
with extensive community involvement in the design of the project including, community
workshops, citizens task forces and public meetings and hearings; and
WHEREAS, Roanoke County now wishes to formally designate the
location of this future Dow Hollow Road right-of-way so that future use of the right-of-
way for road purposes can be protected, and existing and future property owners in this
area have knowledge of the proposed location of this right-of-way; and
WHEREAS, Planning Commission public hearings on this official map
proposal were held on April 4, 2000 and May 2, 2000, after advertisement and notice as
required by Section 15.2-2204 of the 1950 Code of Virginia, as amended, and by
resolution dated May 2, 2000 recommended to the Board of Supervisors the adoption of
this official map.
WHEREAS, the first reading of this ordinance was held on May 9, 2000,
and the second reading and public hearing was held on May 23, 2000.
BE IT ORDAINED by the Board of Supervisors of Roanoke County as
follows:
1. That an official street map for Roanoke County showing the
proposed location of a future right-of-way for an extension of Dow Hollow Road to the
Roanoke County Center for Research and Technology as shown on the plan entitled
"Proposed Dow Hollow Road Extension," dated March 10, 2000, prepared by the
Roanoke County Department of Community Development, is hereby approved and
adopted. This official map is attached hereto and incorporated herein by reference.
2. That this ordinance shall be in full force and effect from and after
the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
~
Second readina of an ordinance amendina and reenactina the
zonina ordinance for Roanoke County bv the addition of
optional provisions pertaining to the style and location of
freestandina sians within C-2 General Commercial districts.
(Terry Harrinaton. County Planner)
May 23, 2000
309
0-052300-14
Mr. Harrington distributed an updated copy of the ordinance based upon
the discussions at the work session which was held earlier today. The County currently
regulates the size and placement of signage on properties in all zoning districts
including commercial. This amendment applies to parcels with more than 250 feet of
frontage, and gives increased flexibility for placement of new or replacement
freestanding signs on these properties. The amendment contains the minimum design
guidelines for those new freestanding signs which would be required to be a monument
type sign, and in exchange for this flexibility in the placement of new signs, the property
owners would need to agree to undertake other types of sign improvements on the
property to reduce clutter, update the signage and overall improve the appearance of
the property. The Planning Commission held a public hearing on this amendment on
May 2, 2000, and has recommended approval. There was no discussion and no citizens
present to speak on the issue.
Supervisor Johnson moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
ORDINANCE 052300-14 AMENDING AND REENACTING THE ZONING
ORDINANCE OF THE COUNTY OF ROANOKE VIRGINIA BY THE
MODIFICATION OF STANDARDS FOR THE PLACEMENT OF
FREESTANDING SIGNS IN C-2 GENERAL COMMERCIAL DISTRICTS
WHEREAS, in 1992 the Roanoke County Board of Supervisors adopted a
new zoning ordinance for Roanoke County, including provisions for the display of
commercial signage within the county; and,
WHEREAS, The Roanoke County Planning Commission has considered
options for additional flexibility in the placement of new freestanding signs in C-2 zoning
districts; and,
WHEREAS, this flexibility would be in exchange for updating existing
freestanding signage, and more stringent size and design guidelines for new
freestanding signs; and,
310
May 23, 2000
~
WHEREAS, public necessity, convenience, general welfare, and good
zoning practice support an amendment to the Zoning Ordinance of the County of
Roanoke to provide enhanced design guidelines for freestanding signs in exchange for
flexibility in the location and placement of new freestanding signs; and,
WHEREAS, the Planning Commission held a public hearing on this
amendment on May 2, 2000; and,
WHEREAS, the Planning Commission recommended its approval of this
amendment to the Zoning Ordinance of the County of Roanoke; and,
WHEREAS, the Roanoke County Board of Supervisors held first reading
of this ordinance on May 9, 2000 and second reading on May 23, 2000; and
WHEREAS, public notice and advertisement of this amendment has been
provided as required by Section 15.2-2204 of the Code of Virginia, and the Roanoke
County Code. .
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Zoning Ordinance of the County of Roanoke is hereby
amended and reenacted to provide as follows:
I. ARTICLE V SECTION 30-93 (SIGNS)
FOLLOWS:
Amend Section 30-93-13 (E) 3 as follows:
3. No on-premises freestanding sign shall be allowed on any lot having less
than 100 feet of lot frontage. The required minimum separation for
freestanding signs on a lot or lots under single ownership or control shall
be 250 feet. No freestanding sign shall be located within 15 feet of any
other freestanding sign on an adjacent or adjoining lot.
IS HEREBY AMENDED AS
Notwithstandinq the above, the administrator may waive, in writing, the
250 foot separation requirement between freestanding signs provided the
administrator finds the following standards are met:
SL
No more than one freestandinq siqn shall be allowed for each 250
feet of lot frontage, or portion thereof, under single ownership or
control.
The new freestanding sign is a monument siqn with a maximum
height of 15 feet and a maximum width of 10 feet.
Q.,
~
The placement of the siqn in the desired location does not promote
visual sign clutter on the property or surroundinq area.
In exchanqe for the placement of the new freestandinq siqn in the
desired location, the applicant or Qro(2erty owner proposes, and
aqrees in writing to undertake, siqnificant imRrovements to existing
signaqe on the property. These improvements shall be desiqned to
reduce existing sign clutter, enhance siqn design, and promote the
overall visual a(2pearance of the property.
çL
May 23, 2000
311
=
!t.
All other sian ordinance requirements reqardinq the placement and
size of the sign are met.
2.
That this ordinance shall be in full force and effect from and after
June 1,2000
On motion of Supervisor Johnson to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
Q..
Second readina of ordinance amendina and reenactina
Section 18-168. "Schedule of Charges" of Chapter 18. Sewers
and Sewaae Disposal, Article IV. "Sewer Use Standards" and
Section 22-82, "Rates and Fees" of Chapter 22 Water. Article II.
"Water Svstems". Division 2. "County Water System", of the
Roanoke County Code to provide for adjustment of the base
charaes for water and sewer service and an increase in the
volume charge for sewer service in the County of Roanoke.
(Diane Hvatt. Finance Director)
0-052300-15
Ms. Hyatt advised that this is a public hearing and second reading to
reduce the water rates. As the result of an agreement with the City of Roanoke, the
County will be able to reduce the water rates by an average of 6.6%. At the same time,
the sewer rates will be reallocated to put a lower percentage on the base charge which
will benefit the lower volume users.
This action will be effective July 1, 2000.
Supervisor McNamara advised that these rate reductions were not made earlier
because the savings from the contract were used in a one-time payment to the City of
Roanoke. There was no discussion and no citizens present to speak on the issue.
Supervisor McNamara moved to adopt the ordinance.
carried by the following recorded vote:
The motion
312
May 23, 2000
=
AYES:
NAYS:
Supervisors Johnson, Minnix, Church, Nickens, McNamara
None
ORDINANCE 052300-15 AMENDING AND REENACTING SECTION 18-
168, "SCHEDULE OF CHARGES", OF CHAPTER 18 SEWERS AND
SEWAGE DISPOSAL, ARTICLE IV. "SEWER USE STANDARDS",
AND SECTION 22-82, "RATES AND FEES", OF CHAPTER 22 WATER,
ARTICLE II. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER
SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR
ADJUSTMENT OF THE BASE CHARGES FOR WATER AND SEWER
SERVICE AND AN INCREASE IN THE VOLUME CHARGE FOR
SEWER SERVICE IN THE COUNTY OF ROANOKE
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
adopted and established sewer user rates for Roanoke County utility customers, as
provided in Roanoke County Code §18-168; and,
WHEREAS, the Board of Supervisors has adopted and established water
user rates for Roanoke County utility customers, as provided in Roanoke County Code
§22-82; and,
WHEREAS, due to negotiation of a new water contract with the City of
Roanoke, the Board of Supervisors has determined that a substantial portion of the
savings should be passed on to Roanoke County's utility customers through a decrease
in the base charges for water service; and,
WHEREAS, the Board has determined that it is appropriate to make an
adjustment of the sewer charges through a decrease in the base charges and an
increase in the volume charge for sewer service; and,
WHEREAS, the provisions of this ordinance for rate adjustments are
adopted pursuant to the authority found in Chapter 21, Title 15.2, more specifically
§15.2-2111, §15.2-2122, and §15,2-2143, of the Code of Virginia (1950, as amended);
and,
WHEREAS, legal notice of these amendments has been published in a
newspaper of general circulation within Roanoke County, pursuant to §15.2-107 of the
Code of Virginia (1950, as amended) on May 2,2000, and on May 9,2000; and,
WHEREAS, the first reading of this ordinance was held on May 9, 2000,
and the second reading and public hearing on this ordinance was held on May 23,
2000,
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia:
1. That subsection (c) of Section 18-168, "Schedule of Charges", of
Chapter 18 SEWERS AND SEWAGE DISPOSAL, ARTICLE IV. "SEWER USE
STANDARDS", is hereby amended and reenacted as follows:
Sec. 18-168. Schedule of charges.
. * . .
(c) The foliowinQ schedule of base charges and volume charQes for
residential, commercial and industrial customers of Roanoke County shall apl?ly for
sewer service. be as follo..s. The volume charge per one thousand (1,000) gallons will
be based on water used. The volume charQe is added to the base charge to determine
the total sewer bill.
May 23, 2000
313
SCHEDULE OF BASE CHARGES
Volume Based
SEWER RATES
'N-a.Le:r SI1I'plkd
MeNfH
1888 CIIHön3
EFFECTIVE
Pc:rMör.LI.
8 18
11 14
15 17
18 28
29 39
40 54
55 69
78 111
112 153
154 218
211 267
268 440
441 613
614 853
854 1893
1094 1400
1401 1707
1788 2887
2088 2467
Yôh:m:.e: O.lI1f,e:
Pe:r 1000 ClIIlö!t1!
$ 6.43
9.65
16.08
26,68
37.28
51.43
66.22
107.03
147.86
282.81
257.78
424.68
591.42
822.85
1054.27
1349.99
1645.78
2012.12
23:'8.55
8.98
BACE CI lARGE PER
EFFECTIVI::
7194 7195
$ 7.36 $ 9.20
11.05 13.81
18.41 23.81
38.55 38.19
42.69 53.36
58.89 73.61
75.82 94.7'7
122.55 153.19
169.29 211.62
232.22 290.28
295.16 368.95
486.17 607.71
677.18 846.47
942.16 1177.70
128;'.14 1508.93
1545.73 1932.17
1884.32 2355.40
2383,88 2879.85
2723.43 3404.29
1.03 1.28
EFFECTIVE
7193
Water Supplied
1000 Ganons
Per Month
BASE CHARGE PER MONTH
~
12.47
20.78
34.50
48.20
66.49
85.60
138.37
191.15
262.20
333,26
548.92
764.58
1.063.77
1.362.96
1.745.25
2,127.54
2.601.26
3.074.96
0 - 10
11 - 14
15 - 17
18 - 28
29 - 39
40- 54
55 - 69
70 - 111
112 - 153
154 - 210
211 - 267
268 - 440
441 - 613
614 - 853
854 - 1093
1094 - 1400
1401-1707
1708 - 2087
2088 - 2467
314
May 23, 2000
Volume Charge
Per 1000 Gallons
L1AQ
2, That subsection (a) of Section 22-82, of Division 2. County Water
Svstem of Article II. Water Svstems, Chapter 22 WATER, of the Roanoke County Code
is hereby amended and r
reenacted as follows:
Sec. 22-82. Rates and fees.
(a) Water service rates. The following rates and charges as established
by the board of supervisors for water service shall apply where water service is provided
by the county: The volume charge per one thousand (1,000) gallons will be based on
water used. The volume charge is added to the base charge to determine the total
water bill.
SCHEDULE OF WATER RATES
EM' Clu!tlg{. Efft:di.e Dates
1,000 gallor, 7/1/91 7/1/92 7/1/93 7/1/94 7/1/95
pel J:'t<or.tl.
0 10 $ 9,46 $ 10.41 $ 11.45 $12.60 $ 13.86
11 14 14.20 15.62 17.18 18.90 20.79
15 17 23.67 26.04 28.64 3150 34.65
18 28 39.27 43.20 47.52 52.27 57.50
29 39 54.89 60,38 66.42 73.06 80.37
40 54 75.71 83.28 91.Gl 100.77 110.85
S5 G9 97.47 107.22 117.94 129.73 142.70
70 111 157.57 173.33 190.66 209.73 230.70
112 IS3 217.66 239.43 263.37 289.71 318.68
154 210 298.58 328.44 361.28 397.41 437.15
211 267 379.49 417.44 459.18 505.10 555.61
268 440 625.06 687.57 756.33 831,96 915.16
441 613 87{).G4 957.7{) 1,053.47 1,158.82 1,274.70
614 853 1,211.33 1,332.46 1,465.71 1,612.28 1,773.51
854 1093 1,552.01 1,707.21 1,877.93 2,065.72 2,272.29
1094- 1400 1,987.34 2,186.07 2,404.68 2,645.15 2,909.67
1401 1707 2,422.66 2,664,93 2,931.42 3,224.56 3,547.02
1708 2087 2,962,08 3,258.29 3,584.12 3,942.53 4,336.78
2088 2467 3,50150 3,851.65 4,236.82 4,660.50 5,126.55
Völun" cLarge $1.40 $1.54 $1.69 $1.86 $2.05
Water Supplied
1000 Gallons Per Month
BASE CHARGE PER MONTH
0-- 10
11-- 14
$ 12.03
18,05
May 23, 2000 315
15-- 17 30.08
18-- 28 49.91
29-- 39 69.76
40-- 54 96.21
55-- 69 123.86
70-- 111 200.24
112-- 153 276.60
154-- 210 379.43
211-- 267 482,25
268-- 440 794.33
441-- 613 1,106.40
614-- 853 1,539.35
854--1093 1,972.27
1094--1400 2.525.49
1401--1707 3,078,69
1708--2087 3,764,17
2088--2467 4,449.67
Volume charge
Per 1000 Gallons ~
****
3. That all subsections and provisions of §18-168 and §22-82 of the
Roanoke County Code, not specifically amended herein, shall remain in full force and
effect.
4. That the provisions of this ordinance and the rates established
hereby shall be effective on and from July 1, 2000.
On motion of Supervisor McNamara to adopt the ordinance, and carried
by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara
NAYS: None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1,
Joan Carver. 8549 Willett Lane. Bent Mountain. advised that she
(1) never saw any report from the fire chief on Bent Mountain Library safety as
requested recently by the Board; (2) distributed and discussed several examples of
County articles/publications and library statement of goals and objectives; and asked for
equal consideration for Bent Mountain Library.
Chairman McNamara asked that the fire chiefs report be made available
for Ms. Carver.
316
May 23, 2000
~
Annie Krochalis. 9428 Patterson Dr. Bent Mountain. (1) asked
that Bent Mountain Library be moved up on CIP list; (2) advised that they are concerned
about not being able to volunteer; (3) they have community support of 390 signature for
a full time library; and (4) asked for the name of the contact person for Friends of the
Library group,
Supervisor Nickens requested that Library Director Watts and County
staff get with the citizens to explain the CIP process and discuss volunteer
opportunities.
~
Joan Carver. 8549 Willett Lane. Bent Mountain. advised that
they would like to see all libraries improved; and reported that they had visited all of the
libraries, except Mason Cove which they were unable to locate. She presented some
ideas of assistance for the Glenvar Library and advised citizens wishing to help to talk to
the librarians.
Supervisors Minnix and Johnson requested that staff look at the
possibility of using matching funds for improvements to libraries similar to that used by
Parks & Recreation Department.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (1) He asked for a status report on removing the
water tank tower near the proposed Wal-Mart on Challenger Avenue. Mr. Hodge
responded that removal of the tank and the small building is being considered as part of
the overall master plan for a possible stormwater detention site,
Supervisor Minnix: (1) He congratulated Mr. Hodge on his award from
The Roanoker Magazine and also congratulated Supervisor McNamara noting that
Katie's Ice Cream received several 2000 year awards from the Roanoker Magazine.
May 23, 2000
317
Supervisor Church: (1) He reminded citizens about the Green Hill
Balloon Festival planned for June 9 and 10 as part of the County's Year 2000
celebration. (2) He thanked the Virginia Department of Transportation for the sign
placed on Route 311 for Mason Cove Elementary School.
Supervisor Nickens: (1) He advised that he received a petition from
citizens to close the Willie Martin Park which is operated and maintained by the County
but not located on County property. He asked that the petition be forwarded to Mr.
Hodge and Director of Parks & Recreation Pete Haislip, and asked for a
recommendation within thirty days.
Supervisor McNamara: (1) He advised that he thought the budget
process went smoothly. (2) He advised that this meeting would be adjourned to Camp
Roanoke for a meeting with the members of the Board, School Board, and
administrative staffs to find ways to more effectively serve the citizens. He thanked the
participants for taking their time for this meeting. Supervisor Minnix advised that he will
be out of town on May 26th and unable to attend the meeting and asked for a report.
Supervisor McNamara advised that they will have input from groups at the meeting and
then decide how to utilize the information in a report.
INRE:
ADJOURNMENT
At 8:53 p.m. Chairman McNamara adjourned the meeting to 10:00 a,m.
on May 26, 2000 at Camp Roanoke for Task Force 2000 retreat with School Board, staff
and participants.
318
May 23, 2000
Submitted by,
~ 1À- ~ lkI.-k-
Brenda J. H on, CMC
Deputy Clerk to the Board
Approved by,