HomeMy WebLinkAbout4/11/1989 - Regular
April 11, 1989
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R6anokè Coúnty Board of Supervïsors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
April 11, 1989
The Roanoke County Board of Supervisors of Roanoke
County,
Virginia,
met this
day at
the Roanoke County
Administration Center, this bèing the second Tuesday, and the
first regularly scheduled meeting of the month of April, 1989.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3:10
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
Robers, Supervisors Bob L. Johnson, Steven
A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney,
County Attorney, Mary H. Allen, Deputy
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April 11, 1989
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Clerk; Anne Marie Fedder, Information
Officer
IN RE:
OPENING CEREMONIES
The invocation was gi ven by the Reverend Tom Jones,
Fort Lewis Baptist Church. The Pledge of Allegiance was recited
by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA
Supervisor Johnson asked that the resolution of
appreciation to the County dispatchers be postponed until after
new business.
Supervisor Johnson also requested that Approval of a
Raffle Permit for the Roanoke County School Food Service Chapter
be added as Item 8 to the Consent Agenda.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
April 11, 1989
648
1. Resolution of appreciation to County dispatchers
in observance of Public Safety Telecommunicators Week (April 10 -
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This item was postponed until after New Business so
that the dispatcher were able to be present. Sheriff Kavanaugh
and Chief Fuqua were also present to recognize the dispatchers.
Supervisor Garrett moved to adopt the prepared
resolution.
The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 41189-2 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
THE PUBLIC SAFETY DISPATCHERS OF ROANOKE COUNTY
WHEREAS, the Public Safety Dispatchers of Roanoke
County serve our citizens in a dedicated and professional manner;
and
WHEREAS, through their swift and accurate response to
emergency calls these dispatchers save countless lives; and
WHEREAS, the Roanoke County Public Safety
telecommunicators work to improve the emergency response
capabilities of our communication system through their hard work
and participation in on-going training and other programs; and
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April 11, 1989
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WHEREAS, these telecommunicators provide a critical
service needed by all citizens; and
WHEREAS, the State of Virginia has designated the
second week of April as a time to honor and recognize the
telecommunicators of the State and the vital contributions they
make to the safety and well-being of our citizens.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke
County Board of Supervisors, on its own behalf and on behalf of
the citizens of Roanoke County, do hereby express deepest
appreciation for the service provided by the public safety
dispatchers of Roanoke County; and
FURTHER, the
the week of April
Telecommunicators Week
Board of Supervisors
10 through 16
in Roanoke County.
does hereby declare
as Public Safety
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
NEW BUSINESS
1. Request for VDOT Revenue Sharing Funds for road
construction and drainage improvements.
Engineering Director Phillip Henry presented the staff
April 11, 1989
650:11
report. He advised that the Code of Virginia allows matching
revenue sharing funds to improve or construct primary and
secondary roads and to bring subdivision streets up to standards
for inclusion into the Secondary System (Rural Addition Policy).
Roanoke County can request up to $500,000 in matching funds. Mr.
Henry reported that the 1985 bond referendum included $600,000 to
be used as matching funds to upgrade private roads. He presented
recommendations for matching funds to upgrade streets in Hunting
Hills, Chaucer's Court and Givens Avenue
County Administrator Elmer Hodge advised he would like
this recommendation with the understanding that it is contingent
upon the participation of the homeowners in these areas.
Supervisor Robers moved to request the VDOT matching
funds for road and drainage improvements in the Hunting Hills
subdivision, Chaucer's Court and Given Avenue, contingent upon
the participation of the developers and homeowners. The motion
was seconded by Supervisor McGraw and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
IN RE:
FIRST READING OF ORDINANCES
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April 11, 1989
1. Ordinance amending Article II, "Virginia Statewide
Fire Prevention Code," of Chapter 9, "Fire Prevention and
Protection," of the Roanoke County Code by the addition of
Section F-318.1, "Cooking Devices on Balconies."
There was no discussion on this issue.
Supervisor Johnson moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
2. Ordinance amending Chapter 8, "Erosion and
Sediment Control" of the Roanoke County Code by amending
Article I, "In General," Section 8-2, "Definitions:"
Section 8-7, "Penalty for Violation of Chapter:" Section 8-18,
"Failure to Comply with Approved Plans:" and Article II,
"Control Plan for Land-Disturbing Activities," Section 8-32,
"Filing Fee," by repealing Article I, "In General," Section 8-
3, "Exemptions from Chapter," and by adopting a new Section 8-
18(C) under Article I, "In General," Section 8-18, "Failure to
Comply with Approved Plans," entitled "Stop-Work Order"
Director of Development and Inspections Arnold Covey
presented the staff report. He advised that the Board of
Supervisors authorized going forward with this ordinance in
March.
April 11, 1989
652
Alfred Powell, 344 Franklin Street spoke in opposition
to the ordinance because of the expense to the small developer
and the additional bureaucracy needed to enforce the ordinance.
In response to a question from Supervisor Robers, Mr.
Covey advised there are procedures in the ordinance to work with
individual contractors without the cost of the maps and the staff
will determine which contractors would need the contour maps,
depending on the project.
Supervisor McGraw moved to approve first reading of the
ordinance. The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
3. Ordinance amendinq and re-enacting Chapter 15,
"Parks and Recreation," of the Roanoke County Code to provide
for the requlation of conduct in public parks.
Director of Parks and Recreation Steve Carpenter
reported that this ordinance will establish rules and regulations
for public conduct in county parks. The Parks and Recreation
Advisory Commission participated in the draft ordinance and
recommended approval. Mr. Carpenter reviewed the coverage of the
ordinance.
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April 11, 1989
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Supervisor Johnson asked if this ordinance could also
include other property owned by the County and asked who would
enforce the ordinance.
Mr. Carpenter responded that park
personnel will be on site to monitor and will report to the
Sheriff's Department. He also responded that a similar ordinance
is being drafted concerning school property.
Supervisor Nickens asked that the ordinance be reviewed
by the Virginia Department of Transportation since it involves
VDOT park access roads.
Supervisor Johnson moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Robers and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
4. Ordinance authorizinQ acquisition of real estate
for a pump station, water storaqe tank, and water line ease-
ments for the Old Hollins Road Water Line Project.
Engineering Director Phillip Henry advised this
ordinance will allow the staff to begin preliminary discussions
with the property owners for the Old Hollins Road Water Line
Project. Utility Director Clifford Craig feels he will know the
number of homeowners willing to participate by the second reading
of the ordinance on April 25, 1989.
April 11, 1989
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Supervisor Johnson moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amending and re-enactinq Chapter 17,
"Subdivisions," of the Roanoke County Code to provide for
adoption of standards and specifications for on-site sewage
disposal systems and/or wells and to authorize the adoption, by
resolution, of a new section of the Design and Construction
Standards Manual.
Arnold Covey presented the staff report. In response
to a question from Supervisor Nickens, he advised that the
ordinance applies to future subdivisions, not those already
platted.
Supervisor Johnson expressed concern that subdivisions
that are platted now and may not be developed for years will be
exempt from this ordinance and could cause problems in the
future.
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April 11, 1989
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Mr. Hodge reported that he has received a petition from
the Orchards subdivision requesting assistance for sewer failure
in that area.
Mr. Alfred Powell, 3440 i Franklin Street, spoke in
opposition to Article II and III in the ordinance and asked for a
reasonable lot size limitation in the ordinance. He also asked
for input for groups and citizens other than the Homebuilders
Association.
There was a lengthy discussion among the staff and
board members on the use of contour maps.
Supervisor McGraw moved to approve the ordinance. The
motion was seconded by Supervisor Nickens and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
ORDINANCE 41189-3 AMENDING AND REENACTING
CHAPTER 17, SUBDIVISIONS, OF THE ROANOKE
COUNTY CODE TO PROVIDE FOR THE ADOPTION
OF ON-SITE SEWAGE DISPOSAL SYSTEMS AND/OR
WELLS STANDARDS AND SPECIFICATIONS AND TO
AUTHORIZE THE ADOPTION BY RESOLUTION OF A
NEW SECTION OF THE DESIGN AND
CONSTRUCTION STANDARDS MANUAL ENTITLED
"POLICY FOR SUBDIVISION APPROVAL WITH ON-
SITE SEWAGE DISPOSAL SYSTEMS AND/OR
WELLS"
WHEREAS, the adoption of this ordinance is authorized
by Chapter 11 of Title 15.1 of the 1950 Code of Virginia, as
amended; and
April 11, 1989
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WHEREAS, notice of the County's intention to adopt
amendments to its Subdivision Ordinance was duly advertised in
the Roanoke Times and World News on February 21, 1989, and Feb-
ruary 28, 1989; and
WHEREAS, at its regular meeting on March 7, 1989, the
Roanoke County Planning Commission recommended approval of the
following amendments to the Subdivision Ordinance and the adop-
tion of a new section of the Design and Construction Standards
Manual entitled "Policy for subdivision approval with on-site
wewage disposal systems and/or wells": and
WHEREAS, the first reading and public hearing of this
ordinance was held on March 28, 1989; and the second reading of
this ordinance was held on April 11, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 17, Subdivision of the Roanoke County
Code be, and it hereby is, amended and reenacted by the adoption
of Sections 17-6(F) and 17-10(K) to read and provide as follows:
Article II. Preliminary Plats
Section 17-6. Contents; approval.
* * * *
(F) The subdivider shall present to the Roanoke
County/Vinton Health Department a preliminary plat of the subdivi-
sion as required under the Desiqn and Construction Standards Man-
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April 11, 1989
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ual entitled "Policy for Subdivision Approval with On-Site Sewaqe
Disposal Systems and/or Wells."
Article III. Final Plats
Section 17-10. Contents; monuments.
In addition to the requirements for the preliminary
plat, the final plat shall show:
* * * *
(K) A statement of certification by the Roanoke
County/Vinton Health Department to the effect that all lots shown
on the subdivision plat have been reviewed by the personnel of
the Roanoke County/Vinton Health Department and have met the cri-
teria as set forth in the Commonwealth of Virqinia Sewage Hand-
linq and Disposal Regulations entitled "32.1 Code of Virginia, as
amended to date, and each lot or parcel is eliqible for a septic
permit. "
2. That these amendments, additions, and reenactments
shall be in full force and effect from and after April 11, 1989.
On motion of Supervisor McGraw, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
April 11, 1989
65 8
Supervisor Johnson moved to approve the resolution.
The motion was seconded by Supervisor McGraw and carried by the
followi~g, recordedyote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 41189-4 ADOPTING A NEW SECTION
OF THE DESIGN AND CONSTRUCTION STANDARDS
MANUAL ENTITLED "POLICY FOR SUBDIVISION
APPROVAL WITH ON-SITE SEWAGE DISPOSAL
SYSTEMS AND/ OR WELLS"
WHEREAS, the Department of Development is in the pro-
cess of preparing a manual to assist the public, and especially
the development community, for clarification of rules, regula-
tions, and policies applicable to land development in Roanoke
County; and
WHEREAS, a Design and Construction Standards Committee
composed of area engineers, surveyors, members of the Roanoke
Valley Homebuilders Association, and County staff was assembled
to develop the content of the manual and the design standards;
and
WHEREAS, it was the consensus of the committee to
address the areas of water, sewer, street and parking, and drain-
age in the manual; and
WHEREAS, at its meeting on February 14, 1989, the Board
of Supervisors of Roanoke County, by resolution, adopted a manual
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April 11, 1989
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of regulations and policies entitled "Design and Construction
Standards Manual" to assist the public in the clarification and
int~rpr,e.~~t.:ion . of rules, regulations., an~J)o~ici~~ ~ppl~cable to.
land development in Roanoke County, and in particular, the areas
of water, sewer, street and parking, and drainage which shall
have the force of law effective February 15, 1989; and
WHEREAS, the water design standards and the Street and
Parking Design Standards and Specifications of the manual have
been previously completed and adopted.
NOW, THEREFORE, be it resolved that the Board of Super-
visors of Roanoke County, Virginia, does hereby adopt the third
component of the Design and Construction Standards Manual en-
titled "Policy for subdivision approval with on-site sewage dis-
posal and/or wells."
FURTHER, this section of the manual shall be in full
force and effect from and after April 11, 1989.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
REQUEST FROM APPLEWOOD SUBDIVISION FOR SEWER EXTENSION
April 11, 1989
66 0
Mr. Hodge reported he had received a petition from
homeowners in this area asking for a sewer extension to their
area beca.use of sewer,. fail,µr~~., ','
Moe Owen from the Health Department was present and
reported that new regulations came into effect in 1982 that are
more stringent and there are now less failures.
Supervisor Johnson moved to go forward with discussion
with the homeowners in the Orchards subdivision to extend the
sewer line, contingent upon participation by the property owners
as called for in the ordinance. The motion was seconded by
Supervisor McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE: APPOINTMENTS
1. League of Older Americans Advisory Board
Supervisor Robers nominated Webb Johnson to another
one-year term that will expire on March 31, 1990.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Robers: ( I) asked County Attorney Paul
Mahoney to research the possibility of an ordinance to ban the
sale of nonbiogradable containers because they do not decompose
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April 11, 1989
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in the landfill; to research the possibility of taxing these
types of containers; and to investigate steps that Roanoke County
can take to address the growing drug problem. (2) Advised that
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he has received a petition from the Cave Spring area asking that
the refuse fee be placed on garbage collections with the funds
used to expand recycling in Roanoke County. (3) Announced that
Clean Valley Day will be held on April 15, 1989. (4) Announced
that representatives from George Mason University will visit
Roanoke County on June 1 and 2.
Supervisor McGraw expressed agreement with Supervisor
Robers on recycling and suggested talking with area legislators
in the General Assembly about the possibility of state
legislation
concerning
plastics,
styrofoam
and
other
nonbiogradable materials.
Supervisor Garrett advised he received the same
petition as Supervisor Robers and noted there were only 12 names
out of 7500 residents in the Cave Spring area. He felt that the
Board should wait to implement full-scale recycling until the new
landfill is ready and an educational program is in place.
Supervisor Johnson
announced
that
he
felt
that
recycling should be handled as a regional project assumed by the
Landfill Board.
IN RE:
CONSENT AGENDA
April 11, 1989
662
Supervisor Nickens moved to approve the Consent Agenda
with Item 8 added. The motion was seconded by Supervisor McGraw
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and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION NO. 41189-5 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM K -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for April 11, 1989, designated as Item K -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through~, inclusive, as follows:
1. Acceptance of water and sewer facilities serving The
Falls, section 4.
2. Request acceptance of Fox Ridge Road into the VDOT
Secondary System.
3. Confirmation of committee appointment to the League of
Older Americans Advisory Board.
4. Acknowledge acceptance of Cavalier Drive, Westbriar
Court, and Cavalier Court (Canterbury Park, sections 3
and 4) into the VDOT Secondary System.
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April 11, 1989
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5.
Authorize temporary use of the former Bent Mountain
Fire Station building by the Bent Mountain Woman's
Club.
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6.
Acceptance from David M. and Pamela B. Mangrum of a
'dråína'ge easement across"loi.~·f3', blòêk2 ~ seètion 2 of
Forest Edge.
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7. Acceptance from Roanoke Regional Airport Commission of
a water line easement.
8. Approval of Raffle Permit for the Roanoke County
Schools Food Service Chapter
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens with Item 8 added,
seconded by Supervisor McGraw and upon the following recorded
vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 41189-5 REQUESTING ACCEPTANCE OF
FOX RIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application for Fox Ridge Road a
April 11, 1989
66 4
section of road extepding from Fox Ridge Road and Peregrine Crest
Circle intersection (these roads recently submitted to VDOT)
,.~xt~nd~ng , in . a ._sc:)Uthw~~t~~I:y.;d;irE7,<?1::~?n n9.',?8 ~iJ.es t~ t~e ~~c0n.d"..
intersection of Peregrine Crest Circle and Fox Ridge Road
pursuant to Section 33.1-72.1, Paragraph D and funded pursuant to
Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950,
as amended.
2. That this Board does guarantee the Commonwealth of
Virginia an unrestricted right-of-way of 50 feet as recorded in
Plat Book
wi th necessary easements for drainage and other
documents of record in the Roanoke County Circuit Court Clerk's
Office.
3. That said Board certify that this road was open to
public use prior to July I, 1978, at which time it was opened to
and used by motor vehicles.
4. That said roads known as Fox Ridge Road, which is shown
on a certain sketch accompanying this resolution, be, and the
same are hereby established as public roads to become a part of
the state secondary systems of highways in Roanoke County, only
from and after notification of official acceptance of said street
or highway by the Virginia Department of Transportation.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
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April 11, 1989
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1. Laura Hubsch, 1710 Mill Pond Dr., spoke in support
of recycling but opposed to fee for refuse collection.
2. Judith Burton, 8440 Bradshaw Road requested that
the Board of Supervisors buy her house because she is unable to
sell because of the proposed landfill site at smith gap.
3. Mikey Wimmer, 3878 Harborwood Road, Roanoke Valley
Landfill Board spoke in support of recycling. She announced that
she will request that the Landfill Board increase tipping fee to
$30.00 and requested support from the Board of Supervisors.
Supervisor McGraw moved to support Ms. Wimmer's request
of the Landfill Board to increase the tipping fee to $30.00 The
motion was seconded by Supervisor Robers.
Supervisor Johnson moved to table Supervisor McGraw's
motion until the staff can present a cost analysis of the affect
of a $30.00 increase in the tipping fee. The motion was seconded
by Supervisor Nickens and carried by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Garrett
NAYS: Supervisors Robers, McGraw
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
following reports. The motion was seconded by Supervisor Garrett
and carried by the following recorded vote:
April 11, 1989
666
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
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1. Capital Fund Unappropriated Balance
2. General Fund Unappropriated Balance
3. Board Contingency Fund
IN RE:
RECESS
Chairman Garrett declared a five minute recess at 5:05
p.m.
IN RE:
RECONVENEMENT
Chairman Garrett reconvened the meeting at 5:15 p.m.
IN RE: WORK SESSIONS
1. Fundinq Priorities, Secondary Hiqhway Six-Year
Construction Plan
Director of Engineering Phillip Henry presented the
work session. Fred Altizer, Resident Engineer from the Virginia
Department of Transportation, was also present.
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April 11, 1989
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Mr. Henry reported he had broken down the plan into
: three broad categories.
Countywide requirements include
maintenance of existing secondary roads, rural additions, pipe
insulation at private entrances,
survey and preliminary
engineering and fertilization and seeding. The second category
is incidental construction which involves plant mix of existing
roads.
The third category is major projects which involve
preparation of plans, acquisition of right-of-way and final
construction.
Mr. Henry presented a list of the recommended
funding and priority programs which included the priority number
and the costs for each project.
Supervisor Nickens moved the six year plan. The motion
was seconded by Supervisor Johnson.
There was discussion on the various projects listed on
the six year plan. Mr. Hodge reported that Roanoke County will
make their annual presentation in Salem on April 13, 1989.
Mr. Mahoney suggested that the motion be amended that a
public hearing on the six year plan be set for April 25, 1989.
Supervisor Nickens moved to set the public hearing for
April 25, 1989.
The motion was seconded by Supervisor Johnson
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
April 11, 1989
668
2. 1989-90 Budqet
Mr. Hodge presented the proposed budget for 1989-90 and
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reviewed the changes on the budget document since the last work
session. He reminded the board that there will be a public
hearing at the evening session and the tax rates will be adopted.
Supervisor McGraw expressed concern at setting the tax
rates before determining the costs of an increased tipping fee.
Mr. Hodge pointed out that the new budget includes six
new deputies for the Sheriff's Department, five new paramedic
firefighters, and an economic development fund of $100,000, an
average 5% salary increase for county and school employees,
meeting the state mandate for teachers, and funding for the
reservoir and regional cooperative efforts.
Supervisor McGraw advised he felt uncomfortable voting
on the tax rates when he had not had time to review the budget
document.
Mr. Hodge advised there will be another work session on
April 25, before the budget is adopted to respond to board
questions on the proposed budget.
Sheriff Kavanaugh was present and explained how he
planned to use the additional personnel funded in the proposed
budget.
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April 11, 1989
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IN RE:
EXECUTIVE SESSION
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At 6: 15 p.m., Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 (a) (7) for consultation on a legal matter concerning the
landfill and Spring Hollow Reservoir. The motion was seconded by
í
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Supervisor Johnson and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE;
OPEN SESSION
Supervisor Johnson moved to return to Open Session at
6:51 p.m.
The motion was seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
IN RE:
RECESS
Chairman Garrett declared a dinner recess at 6:51 p.m.
EVENING SESSION
April 11, 1989
670
IN RE:
RECONVENEMENT
At, ~ ~~Op ',~' _, Ch~irman ,~.~rre~~, r.e9onv~.t:l~d tþ~ ,me~,tif.1~~ '
IN RE:
PROCLAMATIONS, RESOLUTIONS, AND AWARDS
1. Resolution of ConQratulations to the Cave Sprinq
Hiqh School Girls Basketball Team.
Members of the Cave Spring High School Girls basketball
team were present to receive certificates as well as a
resolution.
Supervisor Johnson moved to approve the prepared
resolution.
The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 41189-6 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO THE CAVE SPRING HIGH SCHOOL GIRLS'
BASKETBALL TEAM
WHEREAS, organized athletic teams are an important part
of an educational system;
WHEREAS, the Roanoke County Public Schools recognize
this importance and provide opportunities for the students to
participate in sports; and
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April 11, 1989
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WHEREAS, the members of the Cave Spring High School
Girls' Basketball Team have demonstrated their superior athletic
ability by winning the district and regional championship titles
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and by attending the state championship for the second year in a
row: and
WHEREAS, the Cave Spring High School Girls' Basketball
Team has represented Roanoke County in an outstanding manner and
has contributed to the spirit and morale of that High School in
particular and to the athletic programs of the County Schools in
general.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors extends its congratulations and appreciation
to the Cave Spring High School Girls' Basketball Team for their
spirit, skill and persistence, and wishes them continued success
in the future.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
2. Presentation by Larry Desper of $82,016.90 check
from Virginia Water Project for Hollins Community Development
Project.
April 11, 1989
672'
Larry Desper, Coordinator for Total Action Against
Poverty was present on behalf of the Virginia Water Project. He
,presented the check ~o be used to provide water and sewer service
....0., .' .' ~..',"'~< ...., ',", '.' . -.~'."~ .,'" '. ~ ,~'.. ...... '~'. :." ',. ,..... "'.._'.. . ......<r ....... ;'.," .
to the Hollins residents as part of the Hollins Community
Development Project.
IN RE:
PUBLIC HEARINGS
489-1.
Public Hearing on the County's proposed 1989-90
budget.
Mr. Hodge presented a brief overview of the proposed
budget for fiscal year 1989-90.
The following citizens spoke
concerning various aspects of the budget.
1. Bruce Brenner, Cycle Systems spoke in support of
expanded recycling and the automated refuse collection and
expressed support for reinstituting the refuse collection fee.
2. Robin Hixon, 5609 Penquin Drive S. W., spoke in
support of recycling and reinstitution of the refuse collection
fee.
3. John Lyden, 4327 Denby Circle, spoke in support of
the school budget and continued maintenance of the schools.
4. Burley Warf,208
Spring
Grove
Drive,
Vinton,
representing the Hardy Road School PTA spoke in support of the
proposed School Board budget.
673'
April 11, 1989
5.
Mary Law, 7004 Peters Creek Road, spoke in support
of increased funding for the League of Older Americans and Meals
On Wheels.
<#' "'" ......
., <. .' - .~. ." ..
. ' ... ~ -f· .1.. ',. ...... . ~ _ ..
.:. .'.."' -.~
, " '""., .',.,""
6. Susan Williams, 3911 Skylark Circle, Executive
Director, League of Older Americans, requested that the League of
Older Americans be considered as a separate line item in the
budget.
7. David Witkeqe, Route 1, Box 163, representing Bent
Mountain Elementary School PTA spoke in support of increased
borrowing for school maintenance projects.
8. David Courey, 3419 Ashmeade Drive, spoke in support
of decreasing the tax rate.
9. Dorothy Huqhes, 1160 Vinyard Road spoke in support
of increased funding of the League of Older Americans.
10. Georqe Ward, 3539 Georgetown Road, recommended the
abolishment of leaf collection to save money.
11. Ruth Moseley, 3425 Greencliff Road, S. W. spoke in
support of decreasing the tax rate.
12. Jim McAden, 2317 Stallion Circle, President of the
Roanoke County Council of PTA's spoke in support of the School
Board budget.
13. Thelma Matthews, 1150 Vinyard Road, spoke in
support of increased funding for the League of Older Americans,
particularly the Grandparents Program.
April 11, 1989
674
, '
..
14. Linda Haqee, 702 Shenandoah Avenue N. W., Total
Action Against Poverty Board of Directors, requested $37,717 in
funding for TAP.
, . " ,. ',- .',:,. ., '. '. . . ..... -" '. . - '., . .. .'~".. . < . ~. r . .; .; ". > , Þ
15. Gail Burrus, 1109 Franklin Road S. W., spoke in
support of funding for Bethany Hall, a substance abuse home for
women.
17. Deborah Holdren, 5027 Jonathan Lane, representing
the Herman Horn School PTA, presented a resolution supporting
capital improvement for their school and in support of the School
Board budget.
18. Matthew Banks, 126 Craig Avenue, Vinton, requested
that the League of Older Americans be a line item in the budget.
Chairman Garrett advised that the proposed budget
doubles the funding of the League of Older American.
19. Bob Keniston, President of Roanoke
Education Association, spoke in support of the School
County
Board
budget.
20. Julie Lonqstreet, 7549 Rhododendron Trail, spoke
in support of expanded recycling and the reinstitution of the
refuse fee for the funding.
21. Karen Campbell,7644 Terrapin Trail, S. W., spoke
in support of curbside recycling and presented a petition in
support of expanded recycling and reinstitution of the refuse
fee.
67 5
April 11, 1989
22. Alfred Powell, 3440 Franklin Street, spoke in
support of decreased spending by Roanoke County and presented
statistics showing the slow growth of, 1;.he county.,
", .... ;0,.... ,... ," "'. ,', ....; : :;.1.....¡~ ',..:..." ,... :;." ..··:.~,·.r: '.,.~ ~;'.'" ., ..... . -,..... \\.; .".....'.. ....... ..."...... ..~c '. .
.".. . ~ . .
. ~ ,,', .,.,'..
Supervisor Johnson questioned some of Mr. Powell's
figures and pointed out the negative effects of annexation to the
County. He also expressed support for the increased funding of
the League of Older Americans but stated he would not support
reinstitution of the refuse collection fee.
Supervisor Robers announced he will ask the County
Attorney to research the possibility of banning nonbiogradable
containers used by restaurants.
Supervisor McGraw urged the citizens to continue with
the petition process for reinstitution of the refuse fee.
Supervisor Nickens advised he was concerned about the
raising level of costs to serve the county.
489-2
Public Hearing to set areal estate tax rate
of not more that $1.15 per $100 of assessed
valuation in Roanoke County and adoption of
tax rate.
Mr. Hodge requested the board members to adopt the tax
rate following citizen comments.
1. William E. Brown,
3850 Harborwood Rd. , Salem,
expressed concern about the high real estate tax rate in Roanoke
County and was opposed to an increase in taxes.
April 11, 1989
676
2. William T. Carter,
4435 Cordell Drive,
spoke
against a real estate tax rate increase and higher assessments.
3.
RU,t~ ' .Mose,l y " _,
3425
Gr~e~c.,l,if~ ' ' ~()ad,
,spo~e
in
'. ".;-.. . . :.~
opposition to the high tax rate.
Supervisor Johnson moved to set the tax rate at $1.15
per $100 assessed valuation.
The motion was seconded by
Supervisor Garrett and carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOI1JrIŒ 41189-7 :.2;'l·l'~ '!HE TAX RA'IE Œ
RFAL ES'1M'E SITUA'm IN ROARJEΠCXXJNl'Y FOR '!HE
CAIENDl\R WAR 1989
BE IT RESOLVED by the Ibard of Supervisors of Roamke County,
Virginia, that the levy for the twelve-m:>nth period beginning January 1, 1989,
and ending J:Jecari:)er 31, 1989, be, and hereby is, set for a tax rate of $1.15
per one Imndred oollars of assessed valuation on all classes of taxable real
estate and m:>bile haæs as classified by Sections 58.1-3200, 58.2-3201, and
58.1-3506 B. of the 1950 Code of Virginia, as anerrl3d, situate in Roamke
County .
On IIDtion of Supervisor Johnson, seconded by Supervisor
Garrett, and carried by the follCMing recorded vote:
AYES :
Supervisors Johnson, Robers, M::Graw, Nickens, Garrett
NAYS :
None
67 7
.'
April 11, 1989
-
489-3.
Public Hearing to set a personal property
tax rate not more than $3.50 per $100 of
assessed valuation in Roanoke County and
adoption of 'tax ratè. ,. J "
No one was present to speak at this public hearing.
489-4.
Public Hearing to set a machinery and tools tax
rate of not more than $3.00 per $100 of assessed
valuation in Roanoke County and adoption of tax
rate.
..
No one was present to speak on this ordinance.
Supervisor Nickens moved to set the personal property
tax rate at $3.50 per $100 assessed valuation and the machinery
and tools tax at $3.00 per $100 of assessed valuation. The
motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOWl'ICN 41189-8 SETl'IR; 'mE TAX LEVY CN AIL CJ:ASSES
OF PERSCNAL POOPERi'Y SI'l'UME IN RCWOΠ<XXJNl'Y FOR 'mE
CAIENJ::V\R YEAR 1989
BE IT RESOLVED by the IbaI:d of Supervisors of Roamke County,
virginia, as follows:
1. '!bat the levy for the twelve-IIDIlth period beginning JanuaIy 1,
April 11, 1989
67 8
1989, and en:ting DeceIIi>er 31, 1989, be, and hereby is, set for a tax rate of
$3.50 per one hundred dollars of assessed valuation on all taxable, tangible
~nal ,prope:rt:y, eJ«::luding all ~ classes of ~ld g:x>ds and personal
'-,' ,'f·~ ".' . - . . <...'~.. .,' .' '".. t"", ".. _." ';. . ..'. . . " " :.; '."";.o¡ '. . -, .;
effects as are defined in Sections 58.1-3504 and 58.1-3505 of t.œ Code of
virginia, as arœnded, hIt irK:=luding the property separately classified by
Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in t.œ 1950
Code of Virginia, as arœnded, located in this County on Jarwary 1, 1989, and
tangible personal property irK:=luding the property separately classified by
Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in t.œ 1950
Code of Virginia, as arœnded, of public service corporations based upon the
assessed value thereof fixed by the State Corporation Ccmnission and duly
certified.
2. 'l11at there be, and there hereby is, established as a separate class
of personal property in Roanoke County tlDse itans of personal property set
forth in Sections 58.1-3507 of t.œ 1950 Code of virginia, as arærrled, and
generally designated as machinery and tools.
3. 'l11at the levy for the bwelve-m:>nth period beginning Jarwary 1, 1989,
and errli.ng DeceIIi>er 31, 1989, be and hereby is, set for a tax rate of $3.00
per one hundred dollars of assessed valuation on all taxable, tangible
personal property as herein established as a separate classification for tax
purposes and as nDre fully defined by Sections 58.1-3507 of the 1950 Code of
virginia, as arœnded, and generally designated as machi.nery and tools.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
67 Q
April 11, 1989
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
IN RE:
PUBLIC HEARINGS AND FIRST READING OF ORDINANCES
489-5
Public Hearing and First Reading of
Ordinance concerning issuance of not to
exceed $174,432.13 general obligation
school bonds to finance the purchase of
equipment through the Governor's
Educational Technology Initiative
Procurement and Financing Program for
school purposes.
Mr. Mahoney presented the staff report and requested
that the board dispense wi th the second reading and adopt the
resolution following first reading and the public hearing.
No one was present to speak to the ordinance.
Supervisor Johnson moved to approve first reading,
dispense with the second reading and adopt the ordinance. The
motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
April 11, 1989
58 0
œDIlWCE 41189-9 AImDRIZIR; 'mE ISSUAN:E OF lUl' 10 EXCEED
$174,432..13 ŒNERAL OBLIGrn:CN SCIIXJL ~, EJ:XJ:ATICNAL
~SERIES, OF 'mE CXUll'Y OF OOMOŒ, VIRGINIA, 10 BE
saiD' '1tfTírEVtR:;iNïA' PUBLIC· SCíI:XJL AI1Ji:óriTY. .ANri $t;"1~·ti(j
FCRIH '!HE FœM AND DETAIIS 'ffiEREX)F AND AImDRIZIR; PARrI-
CIPATICN IN 'mE STATE RE-ARBITRAGE PRX;RAM.
'lh! IDard of County Supervisors (the "1Dard" ) of the County of
lbamke, Virginia (the "County" ) has detennined that it is necessary and
expedient to borrow not to exceed $174,432.13 and to issue its general obliga-
tion school bonds for the finaæing of the pn:chase of equipænt for school
p.1I.p)SeS through the Cbvernor's Educational TechrDlogy Initiative Procuraœnt
and Financing Program.
'lh! County held a plblic hearing on April 11, 1989 on the issuaoce
of the Bonds (as defirBi belCM) in accOIrlance with the requiraœnts of
Sections 15.1-171.1 and 15.1-504, Code of Virginia 1950, as anended.
~, 'lHEREFORE, BE IT ORDAINED BY 'mE :ocwID OF COUNI'Y
SUPERVISORS OF '!HE COUNI'Y OF ROAOOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. 'lh! Board of
County Supervisors heI:eby detennines that it is advisable to contract a debt
and issue and sell bonds in the aIIDUIlt of not to exceed $174,432.13 (the
"Bonds" ) for the pnpose of financing the pn:chase of equipænt for school
p.1I.p)SeS through the Cbvernor's Educational TechrDlogy Initiative Procuraœnt
and Financing Program. 'lh! issuaoce and sale of the Bonds in the fonn and
upm the tenos established. p¡rsuant to this ordinan:::e is heI:eby autOOrized.
2. Sale of the Bonds. It is detennined to be in the best
interest of the County to sell the Bonds to the Virginia Public School
AutOOrity ("VPSA" ) at par, upm the teDns established. p.¡rsuant to this
ordinan:::e. 'lh! appropciate officers of the County are heI:eby authorized and
directed to sell the Bonds to VPSA.
3. Details of the Bonds. 'lh! Bonds shall be issuable in fully
registered fonn; shall be dated the date of issuaoce and delivery of the
Bonds; shall be designated "County of Roan:>ke General Cbligation School Bonds,
Educational TechrDlogy Series"; shall bear inteIest payable semi-annuall y on
June 15 and DecariJer 15 (each an "Interest Paynent Date"), beginning DecariJer
15, 1989, at the rates established in acco~ with paragraph 4 of this or-
dinaIx:e; and the priœipal anDUllt of the Bonds shall be payable in semi-annual
insta11Jænts on the dates (each a "Principal paynent Date") and in the annmts
established in accoz:dance with paragraph 4 of this ordinan:::e. '!be Bonds shall
be issued as a single, typewritten bard substantially in the fonn attached
hereto as Exhibit A.
68 l'
April 11, 1989
-
4. Interest Rates: Priœipal Install1œnts. (a) '!he 1dni.ni-
strator of the County is œœby aut:mrized and directed to ëWXept the interest
rate or rates on the JDœ established by VPSA, provided that ß) such interest
rate or rates shall be I1DI:e than sixty-five one hurrlI:edths of one pe:œent
(65/100 of 1%) over the anrmal rate to be paid by VPSA for the car:responiinJ
maturity on the bards to be issued by VPSA, the proceeds of which will be used
to pu:chase the JDœ (the "VPSA JDœ"), and provided further, that ß)
i.nt.eœst rate or rates of the JDœ shall exceed nine pm:cent (9%) per a:nnœ1,
am the execution and delivery of the JDœ as described in Sectiœ 6 œreof
shall conclusivelyeviderre the sane as having been a¡p:oved and autlDrized by
this oI.'dinaœe.
(b) '!he priæipal ëmDUIlt of the D:>rds shall be payable in niœ (9)
semi-ammal insta11.Iœnts the first of which shall be due ~~ 15, 1989,
am the remaining install1œnts semi-ammally theœafter. '!he Aàni.nistrator of
the County is heI:eby autb:>rized and directed to establish the priœipal aroount
of the IDDjs mt to exceed $174,432.13 and to accept the ëm>rtization scbadule
on the Bords establisÆd by VPSA, provided that debt service on the Bords fian
their dated date until the em of the first fiscal year (1989-1990) shall mt
exceed the éIIDUllt appropdated by the General AssaIbly £ran the Literary Furd
tœœfor, am provided further, that debt seJ:VÌce on the BoŒ:Is £ran the second
fiscal year to the fifth fiscal year shall be approximately level, subject to
the actual rate or rates of interest on the VPSA BoŒ:Is, and the execution am
delivery of the IbJds as described in Section 6 heJ::eof shall conclusively
evideæe the sane as having been a¡p:oved and a.ut.h>rized by this 0I.'dinaœe.
5. paynent: Payinq Aqent and Registrar. 'D1e Treasurer of the
County is œreby designated as ani Registrar and Paying Agent for the Bords
and the following provisions shall apply:
(a) all paynents of priœipal of and interest on the IDDjs shall be
made in inm::rliRte1y available :fuJds to VPSA at or before 11:00 a.m. on the
applicable Interest payment Date am Priœipal paynent Date, or if such date
is mt a bJsi11ess date for virginia banks or for the ~th of virginia,
then at or before 11: 00 a.m. on the blsiness day pzecedi.ng such Interest pay-
DBlt Date and Priœipal Payment Date; and
(b) all ovet:due pay¡œnts of priœipal or interest shall bear
interest at the applicable interest rate or rates on the BoŒ:Is.
6. Execution of the Bonds. 'D1e Chainnan or Vice Chainnan and
the Clerk or any DepIty Clerk of the Board are aut:.hxized and di..I:ected to
execute and deliver the Bords in an aggœgate priœipal ëmDUIlt mt to exceed
$174,432.13 and to affix the seal of the County hereto.
7. Use of Available M:>nevs: Pledge of Full Faith and Credit.
(a) '!he Board œœby a¡:pz:opriates and directs that all iI¥::aœ realized fian
April 11, 1989
68 2
the investIœnt am reÌßVestIænt of the proceeds of the Bonds am not required
to be rebated to the United States pursuant to the pI:O\Tisions of the Internal
Revenue Code of 1986, as arœrrled ("InvestIœnt lœaœ"), shall be credited to a
si11king fund for the Bonds. '!he Board hereby further directs that, as
ci4ected, Þy, :adesj,gpa~, ~t.a.tive .,O~, yPS/\"op, ~,Interest. J?~t ,'...
Date, the tfi:easurer shall a¡:ply, or cause to be a¡:plied, such Invesbænt
IrnEe to the paynent of interest due on the Bonds.
(b) '!he Board further awropriates am directs that imœdiately
after the awlication of the InvestIœnt :rn::aœ as pI:O\Tided in SlJlt>aragraph (a)
above, the Treasurer shall a¡:ply, or cause to be a¡:plied, so I1J.1Ch, if any, of
the furrls awropriated by the General Assa:rt>ly £ran the Literary Fund or
ot:herwise for such purpose to, or for the benefit of, the County to the
paynent of principal and interest due on the Bonds on the red: Principal
Payxænt Date and Interest Payment Date.
(c) '!he full faith and credit of the County are hereby irrevocably
pledged for the paynent of principal of and interest on the Bonds as the sane
becœe due and payable. 'Ibere shall be levied am collected annually on all
locally taxable property in the County an ad valOIBD tax sufficient to pay
such principal am interest as the sane respectively becaœ due am payable
unless other fums, including, without limitation, tlDse fums referred to in
SlJlt>aragraphs (a) and (b) above, are lawfully available and awroPriated for
the tiIœly paynent thereof.
8. School Board Approval. '!he Clerk of the Board is hereby
autbJrized and directed to cause a certified copy of this ordinance to be pre-
sented to the School Board of the County. The Bonds hereby autbJrized shall
not be issued by the Board until the School Board of the County shall have
a<bpted an awroPriate IeSOlution consenting to the issuan:e of the Bonds.
9. Non-arbitrage Certificate and Tax Covenants. The
appr:opriate officers and agents of the County are hereby autbJrized and
directed to execute a Non-Arl>itrage Certificate and Tax Covenants setting
forth the expected use am invesbænt of the pI."()Ceejs of the Bonds and
containing such covenants as may be necessary in order to slxJw caII>liaœe with
the provisions of the Internal Revenue Code of 1986, as arænded (the "Code"),
am a¡:plicable regulations relating to the exclusion fran gross inxIæ of
interest on the Bonds or on the VPSA Bonds. '!he Board covenants on behalf of
the County that the proceeds fran the issuan:e and sale of the Bonds will be
invested and experrled as set forth in such Non-Arl>itrage Certificate am Tax
Covenants and that the County shall cœply with the other covenants and repre-
sentations contained therein. Furthen1Dre, the Board covenants on behalf of
the County that the County shall cœply with the pI:O\Tisions of the Code so
that interest on the Bonds am on the VPSA Bonds will remain excludable fran
gross iœaœ for Federal incaœ tax pn:poses.
683
April 11, 1989
. ,
10. State lbn-Arbitrage Proqram. The IDard hereby fin:is and
detennines that (a) tba Ik>ard has received arrl reviewed (i) a draft of tba
Information StateDent date February 17, 1989 (tba "Info:rmation Stataœnt"),
describing the State lbn-Arbitrage Program of the CamDnwealth of Virginia
("~"), ~,,(:Ï-i), ~,'.~t , c;>f ,'~, O:?!l~~" <;Ia.~ ...:r~ ,16.'. l~~~'dJ~,..,
··(bntiact....);' Crêatincj the'Ståf.e'lbn-Aibitragèl'rogram Pool I ("SNAP Pool I") ~
and (b) the County has been afforded the q;portunity to discuss SNAP with the
invesbtent manager of arrl special counsel to SNAP, arrl tba Ik>ard hereby
:furt:.œr detennines that it is in tba best inteIests of the County to autlx>rize
the Treasurer of the County to participate in SNAP. The Contract is hereby
awr<JVed, arrl the Treasurer is hereby autlx>rized to execute arrl deliver tba
Contract on behalf of tba County. The IDard acknovlledges that its decision to
autlx>rize the participation in SNAP is based solely on the info:rmation set
forth in the Info:rmation Stataœnt am in the Contract, arrl the Ik>ard hereby
acknowledges that the Treasury IDard of the CamDnwealth of Virginia is not,
arrl shall not be, in any way liable to the County in conra::tion with SNAP,
except as otheJ:wise pmvided in the Contract.
. ~~ ':'., .. :- "
11. Filinq of Ordinance and Publication of lbtice. The awro-
priate officers or agents of tba County are hereby autlx>rized arrl directed to
cause a certified copy of this ordi.nan:e to be filed with the Circuit Court of
the County arrl, within ten (10) days thereafter, to cause to be pililished oœe
in a œwspaper having general ciIculation in the County a notice setting
setting forth (a) in brief and general tenns the purposes for which the Ponds
are to be issued arrl (b) the anDUIlt of the Ponds.
12. Further 1!ctions. Each nenber of the Board and all other
officers, arployees arrl agents of tba County are hereby autlx>rized to take
such action as they or any one of than may consider œcessary or desirable in
CODl'B::tion with the issuaœe arrl sale of tba Bonds arrl any such action
previously taken is hereby ratified am confiDœd.
13. Effective Date. This ordi.nan:e shall take effect .imæ-
diately. The requ.i.raœm.t of reading the title of this ordi.nan:e at tw:>
regular maetings is hereby dispensed with as pemú.tted by Section 18.04 of the
County Charter.
*
*
*
On IIDtion of Supervisor Johnson, seconded by Supervisor M:Graw to
awmve ordi.nan:e arrl dispense with second reading, and upon tba following
recorded vote:
AYES:
NAYS :
Supervisors Johnson, Robers, M:Graw, Nickens, Garrett
lbne
489-6.
Public Hearing and First Reading of Ordinance
concerning issuance of not to exceed $464,126.74
April 11, 1989
68 4
general obligation school bonds to finance the
purchase of equipment for school purposes.
..- .......
'.' "' ~..~, ,M:ahoney l?r~~~~t~cl thes~~fJ" r~Eo~ta,J.1q".z:e<¡uested, "
that the board dispense with the second reading following the
public hearing.
No one was present to speak to the ordinance.
Supervisor Nickens moved to approve first reading,
dispense with the second reading and adopt the ordinance. The
motion was seconded by Supervisor Robers and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
œDINAlCE 41189-10 AIJIH)RIZIK.; '!HE ISSUMCE OF N:Jl' '10 EXCEED
$440,000 GENERAL CBLIG1fi'IΠ~ F~ IDU),
R(W{JΠ<nJNl'Y SERIES 1989, OF '!HE <nJNl'Y OF ~,
VIRGINIA, '10 BE SOlD '10 '!HE VIRGINIA PUBLIC SCIIX]L AIJnDRITY
.AND ::ili'lOl'll«; FCRlH '!HE F<EM .AND œrAILS 'lHEREDF.
'!be Board of County Supervisors (the "Board" ) of the County of
Ibmoke, virginia (the "County" ) has deteDnined that it is necessazy and
expedient to borrow mt to exceed $440,000 and to issue its general obligation
equipœnt financing bonds for the finaoc:ing of the pn:chase of equipænt for
sclDol purposes.
'!be County held a public hearing on April 11, 1989 on the issuaœe
of the !bOOs (as defined below) in accordaœe with the requi.raænts of
Sections 15.1-171.1 and 15.1-504, Code of Virginia 1950, as anended.
R:J¡, 'lHEREEœE, BE IT Q.RI)AINE[) BY '!HE EOARD OFaxJNI'Y SUPERVISORS OF
'!HE CCXJNl'Y OF ROAR:IŒ, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board of
County Supervisors hereby detennines that it is advisable to contract a debt
and issue and sell bonds in the aIIDWlt of mt to exceed $440,000 (the "Bonds")
for the prrpose of financing the pn:chase of certain miCI:OCalplter, printer
685
April 11, 1989
-
and peripheral equipœnt for schcx:>l pæposes (tœ "Equi.pœnt"). 'l11e issuan::e
and sale of the Bonds in tœ fo:rm and u¡xm the tenns established pn-suant to
~ o:rdi.narx:e is hereby authorized.
2. Sale of the Bonds. It is determined to be in the best interest of
'~CàJrítÿ'ti'j' Sêll' fhêlbOOS· totba Vírijiíiiâ' 'Publ.tc('sc});ól' .AÎiÊhôi-ít:Y"'(~Ìlr ,.
at par, upon the tenns established µæsuant to this o:rdi.narx:e. 'l11e
~iate officers of the County are hereby authorized and di1:ected to sell
the amds to VPSA.
3. Details of the Bonds. 'l11e Bonds shall be issuable in fully
zegistered fODn; shall be dated the date of issuaœe and delivery of the
Bonds; shall be designated "County of Ibmoke General Cbligation Equi.pœnt
Finaœing Bonds, Roamke County Series 1989" ; shall bear interest payable
sani-annually on June 1 and DecaIi.Jer 1 (each an "Interest Paynent Date"),
beginning ~ 1, 1989, at the rates established in accoJ:daœe with
paragraph 4 of this o:rdi.narx:e; and the priœipal aJIDUIIt of the Bonds shall be
payable in anrmal installIænts on the dates (each a "Priœipal paynent Date")
and in tœ anuunts established in accordaŒ:e with paragraph 4 of this
ordinarx::e. 'l11e Bonds shall be issued as a single, typewritten bond
substantially in the fODn attached hereto as Exhibit A.
4. Interest Rates: Principal Install1ænts. (a) 'l11e Mnini-
strator of the County is hereby authorized and di1:ected to accept the interest
rate or rates on the Bonds detennined by VPSA by ~titive bid, provided
that 00 such interest rate or rates shall exceed nine percent (9%) per annum,
and tœ execution and delivery of the Bonds as described in Section 6 hereof
shall coœlusively evideœe the sane as having been a¡:proved and authorized by
this o:rdi.narx:e. .
(b) 'l11e priœipal annmt of tœ Bonds shall be payable in five (5)
anrmal install1ænts of mt to exceed $88,000 tœ first of which shall be due
~ 1, 1989, and the remaining installIænts anrmally theœafter.
5. paymant: Paying Aqent and Registrar. 'l11e Tl':easurer of the
County is hereby designated as Born Registrar and Paying Agent for the Bonds
and tœ following provisions shall awly:
(a) all pa:y:nents of priœipal of and interest on the Bonds shall be
made in .iImediately available funds to VPSA at or before 11:00 a.m. on the
awlicable Interest Paynent Date and Priœipal paynent Date, or if such date
is mt a h1siness date for Virginia banks or for the CarIIDr1wealth of Virginia,
then at or before 11:00 a.m. on the business day preceding such Interest Pay-
IœIlt Date and Priœipal paynent Date; and
(b) all overdue paynents of priœipal or interest shall bear
interest at the awlicable interest rate or rates on the Bonds.
April 11, 1989
686
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6. Execution of the Bonds. 'lba Chainnan or Vice Chainnan and
the Clerk or any Deputy Clerk of the Board are aut:OOrized and directed to
execute and deliver the Bonds in an agg.cega.te prin::ipal aroount of $440,000
and to affix the seal of the County .œret:o.
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County are hereby irrevocably pledged for the paymant of prin::ipal of and
interest on the Ibnds as the sane becaœ due and payable. 'n1ere shall be
levied and collected annually on all locally taxable property in the County an
ad valorem tax sufficient to pay such prin::ipal and interest as the sarœ
respectively becaœ due and payable.
8. School Board Approval. 'lba Clerk of the Board is hereby
authorized and directed to cause a certified copy of this ordinance to be
presented to the School Board of the County. 'lba Borx:ls hereby aut:OOrized
shall rot be issued by the Board until the School Boa.rd of the County shall
have adopted an a¡:propriate resolution consenting to the issuance of the
Bonds .
..' ,\ ....
9. Non-arbitraqe Certificate and Tax Covenants. The
apf).LupLiate officers and agents of the County are hereby authorized and
directed to execute a Non-Arbitrage Certificate and Tax Covenants setting
forth the expected use and investIænt of the proceeds of the Bonds and
containing such covenants as may be necesSëU:Y in order to show cœpliarx=e with
the provisions of the Internal Revenue Code of 1986, as anended (the "Code"),
and a¡:plicable regulations relating to the exclusion £ran gross iæaœ of
interest on the Ibnds or on the VPSA Bonds. 'lba Boa.rd covenants on behalf of
the County that the proceeds fran the issuance and sale of the Bonds will be
invested and expeOOed as set forth in such Non-Arbitrage Certificate and Tax
Covenants and that the County shall cœply with the other covenants and repre-
sentations contained therein. F'urthenIDre, the Board covenants on behalf of
the County that the County shall cœply with the provisions of the Code so
that interest on the Ibnds and on the VPSA Bonds will remain excludable frcm
gross iŒ:::aœ for Federal iŒ:::aœ tax p.u:poses.
10. Use of Bond Prcx::eeds. 'lba Board hereby awropriates and
directs that, sinultaneously with the sale of the Borx:ls to VPSA, the TI:easurer
shall a¡:ply, or cause to be a¡:plied, (a) the differerr:::e between the prin::ipal
annmt of the Ibnds and the cost of the Equipœnt to VPSA to defray the cost
of issuing the Ibnds and (b) the ranainder of the proceeds fran the sale of
the Bonds, representing the cost of the Equipœnt, to VPSA for the pn:chase of
the Equipœnt.
11. Filing of Ordinance and Publication of Notice. 'lba a¡:pro-
priate officers or agents of the County are hereby aut:OOrized and directed to
cause a certified copy of this ordinance to be filed with the Circuit Court of
the County and, within ten (10) days thereafter, to cause to be published once
in a newspaper having general ci1::culation in the County a mtice setting
68 7,
April 11, 1989
setting forth (a) in brief am geœral tenns the purposes for which the Bonds
are to be issued am (b) the ëmDUIlt of the Bonds.
12 . Further Actions. Each nBIiJer of the Ibard am all other
~~C:l~~-~añÝ~oì~~ :~~~~£~~~l~'
conæction with the issuan::e and sale of the Bonds and any such action
previously taken is œreby ratified and confiDœd.
13. Effective Date. '1hi.s ordi.naß::e shall take effect imœ-
diately. '!be require1œnt of reading the title of this ordi.naœe at two
regular meetings is œreby dispensed with as pennitted by Section 18.04 of the
County Charter.
*
*
*
en IIDtion of Supervisor Nickens, secorv:Jed by Supervisor Jbbers to
a¡:prove ordi.naß::e and dispense with second reading, am upon the follOlrling
recoI'ded vote:
AYES: Supervisor Johnson, lbbers, M::Graw, Nickens, Gar.r:ett
NAYS: N:>ne
IN RE; CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke' concerning the fields at
parks in the Glenvar area.
1. Sharon Sessions, 2809 12 O'clock Knob Road,
representative of Catawba Little League.
She expressed concern
about the expiration date of 12/89 for use of fields at McVitty
and Shamrock Park.
In response to a question from Supervisor Nickens, Mr.
Hodge advised that although the lease runs out, they will be able
to continue to use the field.
April 11, 1989
68 8
2. Keith Frazier, 1910 Queensmill Dr. was concerned
about the continued availability of fields in Glenvar before
9J?e~n ll+l~."fieJ.<;is ,~F~",r~a,<iY,,~(>.r ~se,., .. ,~e, .t:~qµ~step, that ;$,19.0 I;,OQQ.;,
be allocated in the budget for upgrading of fields.
~'. '. -', -'.~ '.'~'.
Supervisor McGraw advised that wi thout adequate
fencing, the Green Hill ball fields will not be sanctioned.
Supervisor Johnson directed the County Administrator to
meet with the residents of the Glenvar community to find a
solution and report back to the Board members in 30 days.
IN RE:
ADJOURNMENT
Supervisor Johnson moved to adjourn at 9:15 p.m. The
motion was seconded by Supervisor Garrett and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
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