HomeMy WebLinkAbout9/24/1996 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
HELD ON SEPTEMBER 24, 1996
RESOLUTION 092496-1 OF SUPPORT TO AMEND THE LICENSE OF
YOUTH HAVEN II BY THE DEPARTMENT OF JUVENILE JUSTICE TO
ALLOW A 28 -DAY RESIDENTIAL CASE EVALUATION AND TREATMENT
COMPONENT
WHEREAS, the County of Roanoke operates Youth Haven II, a
group home for adolescent girls offering long term residential
treatment program for residents of southwest Virginia, and
WHEREAS, the Department of Juvenile Justice for the
Commonwealth of Virginia provides the licensure for the program
offered by Youth Haven II, and
WHEREAS, a need has been identified by the Court Service Unit
for a 28 -day residential placement program for adolescent girls
which includes case evaluation to determine the service needs of
the youth, and
WHEREAS, the diagnostic workups in addition to stabilization
prior to the Court's disposition of the case should result in more
appropriate treatment for the child as well as being more cost
effective.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County supports the request to modify the license of
Youth Haven II as regulated by the Department of Juvenile Justice
for the Commonwealth of Virginia to include the 28 -day case
evaluation and treatment component to better serve the needs of the
youth of Roanoke County.
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recorded vote:
1
.. i
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. Wolton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Beverly T. Waldo, LCSW, Manager, Youth Haven II
Department of Juvenile Justice
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-2 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of.the agenda of the Board
of Supervisors for September 24, 1996 designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
1. Approval of minutes - August 13, 1996, August 24,
25, 1996, August 27, 1996.
2. Confirmation of appointments to the Metropolitan
Transportation District Study Committee and the
Fifth Planning District Commission Legislative
Committee.
3. Request to retain a Police Department vehicle to be
restored by vocation education students and used
for special projects.
4. Appropriation of $6,020 grant funds from the
Allstate Foundation to the Fire and Rescue
Department.
5. Request from School Board for appropriation of
$1,000 grant from the Education Foundation for
William Byrd High School Saturday School.
6. Resolution of support for STEP 21 federal
legislation (ISTEA Reauthorization).
7. Resolution of support for Governor George Allen's
Fall River Renaissance campaign.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
1
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution without Item 6, and carried by the following recorded
vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
On motion of Supervisor Eddy to adopt a revised resolution for
Item 6, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
4UAI-J'�
G.�
Brenda J. Kolton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
John Cease, Chief of Police
Richard Burch, Chief, Fire & Rescue
Dr. Deanna Gordon, School Superintendent
Diane D. Hyatt, Director, Finance
2
PLACED IN FILE FOR INFORMATION PURPOSES
ACTION NO. A -092496-2.a
ITEM NUMBER L-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 24, 1996
AGENDA ITEM: Approval of minutes - August 13, 1996, August
24, 151 1996, August 27, 1996
ACTION NO.
ITEM NUMBER
A -092496-2.b
L -•r ✓
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE-COUNTY ADMINISTRATION CENTER
September 24, 1996
AGENDA ITEM: Confirmation of Committee Appointments to the
Metropolitan Transportation District Study
Committee and the Fifth Planning District
Commission Legislative Committee
Supervisor Johnson nominated M. Caldwell Butler, Steve
Musselwhite and Supervisor Harry Nickens to serve.
• . ■ . • D31 nW• n u • 1 CT -7 - - • 1i* - T
Supervisor Johnson nominated Alfred C. Anderson to serve. Mr.
Anderson has been contacted and he is willing to serve.
It is recommended that the above appointments be confirmed by the
Board of Supervisors.
Respectfully submitted,
Mary H. Allen, CMC
Clerk to the Board
Approved by,
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson to No Yes Abs
Denied ( ) approve _ Eddy _
Received ( ) Harrison x
Referred ( ) Johnson x
To ( ) Minnix x
Nickens x
cc: File
Metropolitan Transportation District Study Committee
Fifth Planning District Commission Legislative Committee
A -092496-2.c
ITEM NUMBER 2--3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 24, 1996
AGENDA ITEM: Request to retain a Police Department vehicle to
be restored by vocational education students and
used for special projects.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County Police Department began operations on
July 1, 1990 at 12:01 A.M. Many police officers proceeded to their
assigned areas in new 1990 Chevrolet patrol cruisers which were
marked with distinctive colored striping, County seal, and agency
lettering. The very first RCPD vehicle is still in service with
the department but will be retired in the near future.
The department proposes to recondition the first Chevrolet
delivered to the police department and utilize it for special
projects and public display during County functions. This proposal
is similar to the 1930's Seagrave Fire Truck used by the Fire and
Rescue Department for ceremonial activities.
This automobile will not be utilized for agency operations. The
reconditioned vehicle should not be counted against the police
department's total allotment of cars.
FISCAL IMPACT:
The costs associated with this project will be minimal as
vocational education students will complete the restoration as a
school project.
STAFF RECOMMENDATION,•
Staff recommends that the Board authorize the use of the retired
police department vehicle for ceremonial use and that the vehicle
not be included in the police department allotment of cars.
SUBMITTED BY:
,ael Z&U�
H. Cease
Chief of Police
APPROVED:
Y-"7� zgew
Elmer C. Hodge,Sr'.
County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
cc: File
ACTION
Motion by: Bob L. Johnson to
approve
z-.-3
VOTE
No Yes Abs
Eddy x
Harrison x
Johnson x
Minnix x
Nickens x
John Cease, Chief of Police
Diane D. Hyatt, Director, Finance
William J. Rand, III, Director, General services
John Willey, Fleet Manager
A -092496-2.d
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 24, 1996
AGENDA ITEM: Request to Appropriate the Grant Monies Received
from the Allstate Foundation for use by the
Department of Fire and Rescue
COj=V ADIM NISTRATQRIS COMMENTS:
°&
At the September 10 meeting of the Board of Supervisors,
Kellie Powell from Allstate presented a grant for $6,020 to the
Department of Fire and Rescue Office of Fire Prevention to purchase
an Animated Fire Truck Replica Robot for Educational programs. The
Board of Supervisors acknowledged the receipt of the grant during
the briefings portion of the meeting and we need to officially
receive the monies and appropriate its use to the Department of
Fire and Rescue for the purchase of the truck.
The Allstate Foundation has awarded the grant in the amount of
$6,020 to the County of Roanoke's Department of Fire and Rescue,
Office of Fire Prevention. The grant needs to be appropriated to
allow the purchase of the truck.
RE COMMEDMATT I O
Staff recommends that the Board of Supervisors officially
accept the grant and appropriate the money to the Department of
Fire and Rescue Office of Fire Prevention for the purchase of the
truck.
Respectfully submitted, Appro d by,
'.
Ix
ohn M. Chamblis , Jr. Elmer C. Hodg
Assistant Administrator County Administrator
----------------------------------------------------------------
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Bob L. Johnson to
approve
VOTE
No Yes Abs
Eddy
Harrison_
Johnson x
Minnix x
Nickens _x
cc: File
John M. Chambliss, Jr., Assistant Administrator
Diane D. Hyatt, Director, Finance
Richard Burch, Chief, Fire & Rescue
A -092496-2.e
ACTION #
ITEM NUMBER Z___ `5
MEETING DATE: September 24, 1996
AGENDA ITEM: Request for Appropriation to the School Operating
Fund
COUNTY ADMINISTRATOR'S COMMENTS: ,/ f'�F
BACKGROUND: The Roanoke County School Board has received $1,000
from the Education Foundation. The funds will be designated for
the William Byrd High School Saturday School as part of its
remediation plan. The program is for targeted students who need
extra help on long-range written assignments.
FISCAL IMPACT: None
STAFF RECOMMENDATION: Staff recommends appropriation of $1,000 to
the S hool Operating Fund.
J y rig Elmer C. Hodge
ervis r of Fede 1 Programs County Administrator
and Remediation
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson to No Yes Abs
Denied ( ) approve Eddy x
Received ( ) Harrison x
Referred ( ) Johnson x
To ( ) Minnix x
Nickens x
cc: File
Dr. Deanna Gordon, School Superintendent
Diane D. Hyatt, Director, Finance
J
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE
COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON SEPTEMBER 12, 1996
IN THE LIBRARY OF GLENVAR HIGH SCHOOL
RESOLUTION REQUESTING APPROPRIATION BY THE BOARD OF
SUPERVISORS TO THE SCHOOL OPERATING FUND FOR REMEDIATION
PURPOSES
WHEREAS, the Roanoke County Schools has received a donation of $1,000 from the
Education Foundation designated for the remediation program; and
WHEREAS, the funds have been designated for the William Byrd High School
Saturday School as part of its remedial plan;
NOW THEREFORE BE IT RESOLVED, that the County School Board of Roanoke
County, Virginia requests an appropriation in the amount of $1,000 by the Board of
Supervisors of Roanoke County to the school operating fund for the above stated purpose.
Approved on the motion of Mr. Stovall and duly seconded, and on the following
recorded vote:
AYES: Jerry L. Canada, William A. Irvin, III, Marion G. Roark, Michael
Stovall, Thomas A. Leggette
NAYS: None
TESTE:
c: Diane Hyatt
Penny Hodge
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-2.f OF SUPPORT FOR THE ISTEA INTEGRITY
RESTORATION ACT (HR3775).
WHEREAS, the Intermodal Surface Transportation Efficiency Act
(ISTEA) was adopted by the Congress in 1991; and
WHEREAS, said act authorizes funding for highway construction,
highway safety programs, and mass transit and other transportation
related projects, and is due to expire September 30, 1997; and
WHEREAS, there are several thoughts on how this act should be
reauthorized; and
WHEREAS, The Commonwealth of Virginia is a member of the
coalition of 19 states called STEP 21 that is proposing the ISTEA
Integrity Restoration Act; and
WHEREAS, the Virginia Department of Transportation supports
HR3775; and
WHEREAS, the Commonwealth of Virginia and the County of
Roanoke will receive more funding from the Highway Trust Fund under
this proposal; and
WHEREAS, the provisions of the "ISTEA Integrity Restoration
Act" HR3775 generally seem to be most favorable to the interests of
Roanoke County citizens; and
WHEREAS, the Enhancement Program of ISTEA has great potential
benefit for all the Roanoke area and western Virginia in promoting
alternative forms of transportation, preservation and enhancement
of scenic and historic sites, beneficial use of abandoned railway
1
corridors, control of outdoor advertising, archaeological planning
and research, and mitigation of highway related pollution.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County supports the ISTEA Integrity Restoration Act
HR3775 and recommends that components be included at the federal or
state level that will continue the work of the ISTEA Enhancement
Program; and
BE IT FURTHER RESOLVED that the Clerk to the Board of
Supervisors shall forward copies of this resolution to the Virginia
Department of Transportation, the Commonwealth Transportation Board
and to the federal legislators representing Roanoke County.
On motion of Supervisor Eddy to adopt the revised resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTS:
Q, q. /,;:J�
Brenda J. lton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
The Honorable Robert E. Martinez, Secretary of Transportation
Members, Commonwealth Transportation Board
The Honorable John W. Warner, U. S. Senator
The Honorable Charles S. Robb, U. S. Senator
The Honorable Robert W. Goodlatte, U. S. Representative
The Honorable Rick Boucher, U. S. Representative
Fred Altizer, District Administrator, VDOT
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-2.g SUPPORTING SEPTEMBER 21, 1996 THROUGH
OCTOBER 19, 1996 AS FALL RIVER RENAISSANCE IN ROANOKE COUNTY
WHEREAS, Virginia is blessed with abundant rivers and other
waters throughout the Commonwealth; and
WHEREAS, Virginia's rivers and waters provide sustenance to
her citizens, their communities, and their businesses, which are
important for their quality of life and prosperity; and
WHEREAS, such rivers and waters are vital natural resources,
providing important benefits to fish and wildlife and their
habitats; and
WHEREAS, the Commonwealth's rivers and waters provide
opportunities for public boating, hunting and fishing and other
forms of outdoor recreation enjoyed by Virginians and our visitors;
and
WHEREAS, the Commonwealth and her citizens should endeavor to
conserve and enhance Virginia's rivers and waters so as to ensure
their benefits, both now and for future generations; and
WHEREAS, individual citizens, businesses and organizations,
through their voluntary efforts, can accomplish the most to
conserve our natural resources and provide long-term environmental
benefits; and
WHEREAS, the Fall River Renaissance campaign will encourage
caring citizens to conserve and improve the rivers and waters in
Virginia and will recognize and honor their exceptional efforts.
1
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, does hereby recognize September 21,
1996 through October 19, 1996, as the FALL RIVER RENAISSANCE in
Roanoke County, Virginia; and
FURTHER, the Board urges all citizens, businesses and
organizations, public and private, to observe and participate in
this campaign to conserve and enhance the rivers and waters of
Virginia in order that we may enjoy a more beautiful, healthy and
prosperous Commonwealth.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
&to�q' , kiww—
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
The Honorable George Allen, Governor, Commonwealth of Virginia
The Honorable John S. Reid, Virginia House of Delegates
RA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON SEPTEMBER 24, 1996
RESOLUTION 092496-3 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date"pursuant to
an affirmative recorded vote and in accordance with the provisions
of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Minnix to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. H lton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-4 AUTHORIZING ARTICLES OF AMENDMENT TO
THE ROANOKE VALLEY RESOURCE AUTHORITY ARTICLES OF
INCORPORATION AND AN AMENDMENT TO THE',ROANOKE VALLEY
RESOURCE AUTHORITY MEMBERS USE AGREEMENT TO AUTHORIZE THE
AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL AND/OR
RESIDENTIAL GARBAGE AND REFUSE COLLECTION ACTIVITIES OR
SERVICES
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
("County") ; the Council of the Town of Vinton, Virginia, ("Town") ;
and the Council of the City of Roanoke, Virginia, ("City") have
determined that it is in their best interests to amend the Articles
of Incorporation of the Roanoke Valley Resource Authority
("Authority") and the Roanoke Valley Resource Authority Members Use
Agreement to authorize the Authority to engage in or provide for
commercial and/or residential garbage and refuse collection
activities or services, pursuant to the provisions of the Virginia
Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of
Virginia (1950), as amended, ("Act"); and,
WHEREAS, the Board of Supervisors of Roanoke County, Virginia;
the Council of the Town of Vinton, Virginia; and the Council of the
City of Roanoke, Virginia, do by concurrent resolutions provide for
amendment of the Authority's Articles of Incorporation to authorize
the Authority to engage in or provide for commercial and/or
residential garbage and refuse collection activities or services
pursuant to the Act; and
WHEREAS, a public hearing has been held in accordance with the
requirements of the Act, including, without limitation, Sections
1
15.1-1243, 15.1-1244, and 15.1-1250(0); and
WHEREAS, the Roanoke Valley Resource Authority has, by
resolution, expressed its consent to the aforesaid amendments.
NOW, THEREFORE, be it resolved as follows:
1. That proper officials are authorized to execute and
attest, in form approved by legal counsel, an amendment to the
Roanoke Valley Resource Authority Members Use Agreement authorizing
the Authority to engage in or provide for commercial and/or
residential garbage and refuse collection activities or services.
2. The authorization of the Authority to engage in or
provide for commercial and/or residential collection activities or
services pursuant to the Act is hereby approved, and the Articles
of Amendment of the Roanoke Valley Resource Authority sets forth
and specifies this additional authority.
3. The Articles of Amendment of the Roanoke Valley Resource
Authority are as follows:
ARTICLES OF AMENDMENT
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, Virginia; the Town
Council of the Town of Vinton of Vinton; and the Council of the
City of Roanoke have by concurrent resolution adopted the following
amendments to the Articles of Incorporation of the Roanoke County
Resource Authority of Virginia, pursuant to the Virginia Water and
Sewer Authorities Act (Chapter 28, Title 15.1, 1950 Code of
Virginia, as amended) ("Act") .
2
I. The Articles of Incorporation shall be amended by
striking out ARTICLE I and substituting the following:
The name of the Authority shall be the Roanoke Valley Resource
Authority and the address of its principal office is 37�8
Brambleton kvenae, 1020 Hollins Road, Roanoke, Virginia
24012. -46
II. ARTICLE II of the Articles of Incorporation shall
continue to read as follows:
The names of the incorporating political subdivisions are the
County of Roanoke, Virginia; the City of Roanoke, Virginia; and the
Town of Vinton, Virginia. The County of Roanoke, the City of
Roanoke, and the Town of Vinton, as the incorporating political
subdivisions, hereby acknowledge, covenant, and agree that these
Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of
each of the incorporating political subdivisions.
Neither of the following action shall be taken or permitted to
occur by the Authority without the consent of the City of Roanoke
and the County of Roanoke as expressed by the affirmative vote of
all City and County representatives on the Authority.
(1) Any change in the terms or conditions of design or
operation of the Transfer Station located in the City of Roanoke as
set forth in the Solid Waste Transfer Facility Design Criteria,
dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City of
Roanoke Planning Commission on June 5, 1991, and the Part A and
3
Part B applications for the Transfer Station as approved by the
Commonwealth of Virginia, or any expansion or modification thereof
or use by any persons or entities other than City, County, or Town
of Vinton;
(2) Any change in the terms and conditions of the design or
operation of the Landfill located in Roanoke County as.set forth in
the special use permit and the Landfill Permit Conditions and
Operating Policies, Action 62789-10 and Resolution 62789-12, each
dated June 27, 1989, and Part A and B applications for the Landfill
as approved by the Commonwealth of Virginia.
Since the Landfill and Transfer Station are scarce and
valuable resources, and because the incorporating political
subdivisions have a common interest in insuring that the Landfill
is utilized in the best possible and most efficient manner, the
incorporating political subdivisions agree that Authority
membership and operation and use and operation of the Transfer
Station and Landfill shall be governed by the terms and conditions
of the Roanoke Valley Resource Authority Members Use Agreement
( "Use Agreement") dated October 23, 19 91.
III. The Articles of Incorporation shall be amended by
striking out ARTICLE III and substituting the following:
The names, addresses, and terms of office of the members of
the Board of the Roanoke Valley Resource Authority ("Authority") are
as follows:
Name and Address
1. Diane D. Hyatt
P. O. Box 29800
0
Term of Office
Roanoke, Virginia 24019
2. B. Clayton Goodman, III
P. O. Box 338
Vinton, Virginia 24179
3. Kit B. Kiser
215 Church Avenue, SW
Roanoke, Virginia 24011
4. Bittle W. Porterfield, III
5. William J. Rand, III
P. O. Box 29800
Roanoke, Virginia 24019
6. Allan C. Robinson, Jr.
7. Katherine Schefsky
The terms of office of each of the members shall become
effective on the date of issuance of a certificate of joinder for
the Authority by the State Corporation Commission in accordance
with the provisions of Section 15.1-1248 of the Act. The governing
body of each participating political subdivision shall appoint the
number of members, who may be members of the governing body, set
forth opposite its name below:
County of Roanoke - four
City of Roanoke - two
Town of Vinton - one
It being the intention of these Articles that the governing
body of the County of Roanoke shall always appoint a majority of
the members, whenever an additional political subdivision shall
join the Authority, such governing body shall be entitled to
appoint one or more additional members in order to maintain such
majority.
6•"
Initially, the governing body of the County of Roanoke shall
appoint one member for a four-year term, one member for a three-
year term, and two members for a two-year term. Initially, the
governing body of the City of Roanoke shall appoint one member for
a four-year term and one member for a three-year term. Initially,
the governing body of the Town of Vinton shall appoint one member
for a four-year term. After the initial terms, each member shall
be appointed for a four-year term or until his successor is
appointed and qualified. Any additional members appointed by the
County of Roanoke to maintain its majority pursuant to the
foregoing paragraph shall also be appointed for four-year terms.
The governing body of each political subdivision shall be empowered
to remove at any time, without cause, any member appointed by it
and appoint a successor member to fill the unexpired portion of the
removed member's term.
Each member may be reimbursed by the Authority for the amount
of actual expenses incurred by him in the performance of his
duties.
IV. The Articles of Incorporation shall be amended by
striking out ARTICLE IV and substituting the following:
The purpose for which the Authority is to be formed is to
exercise all the powers granted to the Authority to acquire,
finance, construct, operate, manage and maintain a garbage and
refuse collection and disposal system and related facilities
pursuant to the Act. For purposes of these Articles, and any
contracts or documents entered into on behalf of Authority,
T
"garbage and refuse collection and disposal system and related
facilities" shall mean collection and disposal of garbage and
refuse at and through a transfer facility owned and operated by the
Authority and the associated landfill or disposal operations only.
The kuth%wirity z:,hall not be authorized a
......................
to engage in or provide for individ residential or business garbage or refuse r
collection activities or
services. The Authority shall contract with the County of Roanoke,
the City of Roanoke, and the Town of Vinton to furnish garbage and
refuse collection and disposal services upon identical terms and
conditions including the same schedule or service rates, fees and
charges of all types which shall be uniformly applicable to such
political subdivisions. subject to the terms of the Use Agreement,
the Authority may contract with other political subdivisions to
furnish garbage and trash disposal services upon such terms and
conditions as the Authority shall determine. The Authority may
contract to make host locality payments to Roanoke County and
Roanoke City to compensate the County and City in consideration of
location of facilities within their communities. It is not
practicable to set forth herein information regarding preliminary
estimates of capital costs, proposals for specific projects to be
undertaken, or initial rates for the proposed projects.
V. ARTICLE V of the Articles of Incorporation shall continue
to read as follows:
The Authority shall serve the County of Roanoke, the City of
Roanoke, the Town of Vinton and, to the extent permitted by the Act
7
and by the terms of these Articles and the Use Agreement, such
other public or private entities as the Authority may determine
upon the terms and conditions established pursuant to such
contracts.
VI. ARTICLE VI of the Articles of Incorporation shall
continue to read as follows:
The Authority shall cause an annual audit of its books and
records to be made by the State Auditor of Public Accounts or by an
independent certified public accountant at the end of each fiscal
year and a certified copy thereof to be filed promptly with the
governing body of each of the incorporating political subdivisions.
4. A copy of the Roanoke Valley Resource Authority Members
Use Agreement is available for inspection in the Office of the Town
of Vinton Manager, Vinton Municipal Building; Office of the Clerk.
to the Board, Administration Center, and Office of the City of
Roanoke Clerk, Room 456, Municipal Building.
available _L11 C1 reasonable
and cost efficient:
manner;
and
operation by the Roanoke
Valley Resuurc;e
kuthority
fur
of a satnitary
jandfill and any related
facnilities or conl:ract
Such
is
OPerati011f-
important in
in spite of any poteni:ia±
anti competitive
effect,
order to provide fur
the development and/or
operation
of
fur the County
system of garbage and
refuse coll-ection and
-disposal
of Ruallukt=' the Town
other governnenta± units
of Vinton, and the
or px-Lvate entities
e-ity of Roanoke
as the
and such
Authority may
5. This resolution shall take effect immediately upon its
adoption.
A copy of the Roanoke Valley Resource Authority Members Use
Agreement, as it is proposed to be amended, is available for public
inspection in the Office of City of Roanoke Clerk, Room 456,
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia; the
office of the Clerk of the Board, Roanoke County Administration
Center, 5204 Bernard Drive, Roanoke, Virginia; and the office of
the Town of Vinton Manager, Town of Vinton Municipal Building, 311
South Pollard Street, Vinton, Virginia 24179.
Mary R. Parker, City of Roanoke Clerk
Mary Allen, Clerk of the Board
Carolyn Ross, Town of Vinton Clerk
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. ITolton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
John R. Hubbard, Chief Executive Director, RVRA
Mary F. Parker, Clerk, Roanoke City Council
Carolyn S. Ross, Clerk, Vinton Town Council
Paul M. Mahoney, County Attorney
William J. Rand, III, Director, General Services
Diane D. Hyatt, Director, Finance
X
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-5 AUTHORIZING THE ISSUANCE OF
$1,300,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND
DETAILS THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the County
of Roanoke, Virginia (the "County") has determined that it is
necessary and expedient to borrow not to exceed $1,300,000 and to
issue its general obligation school bonds to finance certain
capital projects for school purposes.
WHEREAS, the County has held a public hearing, after due
publication of notice, in accordance with Section 15.1-227.8, Code
of Virginia of 1950, as amended (the "Virginia Code") on September
24, 1996 on the issuance of school bonds in the amount of
$1,300,000.
WHEREAS the School Board of the County has requested by
resolution the Board to authorize the issuance of the Bonds (as
defined below) and has consented to the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The
Board hereby determines that it is advisable to contract a debt and
to issue and sell general obligation school bonds of the County in
an aggregate principal amount not to exceed $1,300,000 (the
"Bonds") for the purpose of financing certain capital projects for
school purposes. The Board hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to
this Resolution.
2. Sale of the Bonds. It is determined to be in the
best interest of the County to accept the offer of the Virginia
Public School Authority (the "VPSA") to purchase from the County,
and to sell to the VPSA, the Bonds at par upon the terms
established pursuant to this Resolution. The County Administrator
and the Chairman of the Board, or either of them, and such officer
or officers of the County as either of them may designate, are
hereby authorized and directed to enter into a Bond Sale Agreement
with the VPSA providing for the sale of the Bonds to the VPSA in
substantially the form on file with the County Administrator, which
form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in
fully registered form in denominations of $5,000 and whole
multiples thereof; shall be dated the date of issuance and delivery
of the Bonds; shall be designated "General Obligation School Bonds,
Series 1996"; shall bear interest from the date of delivery thereof
payable semi-annually on each January 15 and July 15 (each an
"Interest Payment Date"), beginning July 15, 1997, (or such other
date as the County Administrator may approve) at the rates
established in accordance with paragraph 4 of this Resolution; and
shall mature on July 15 (or such other date as the County
Administrator may approve) in the years (each a "Principal Payment
Date") and in the amounts established in accordance with paragraph
4 of this Resolution.
4. Principal Installments and Interest Rates, The
County Administrator is hereby authorized and directed to accept
the interest rates on the Bonds established by the VPSA, provided
that each interest rate shall be ten one -hundredths of one percent
(0.10%) over the interest rate to be paid by the VPSA for the
corresponding principal payment date of the bonds to be issued by
the VPSA (the "VPSA Bonds"), a portion of the proceeds of which
will be used to purchase the Bonds, and provided further, that the
true interest cost of the Bonds does not exceed eight percent (8%)
per annum. The County Administrator is further authorized and
directed to accept the aggregate principal amount of the Bonds and
the amounts of principal of the Bonds coming due on each Principal
Payment Date ("Principal Installments") established by the VPSA,
including any changes in the Interest Payment Dates, the Principal
Payment Dates and the Principal Installments which may be requested
by VPSA provided that such aggregate principal amount shall not
exceed the maximum amount set forth in paragraph one.and the final
maturity of the Bonds shall not be later than 21 years from their
date. The execution and delivery of the Bonds as described in
paragraph 8 hereof shall conclusively evidence such Interest
Payment Dates, Principal Payment Dates, interest rates, principal
amount and Principal Installments as having been so accepted as
authorized by this Resolution.
5. Form of the Bonds. For as long as the VPSA is the
registered owner of the Bonds, the Bonds shall be in the form of a
single, temporary typewritten bond substantially in the form
attached hereto as Exhibit A. On twenty (20) days written notice
from the VPSA, the County shall deliver, at its expense, Bonds in
marketable form in denominations of $5,000 and whole multiples
thereof, as requested by the VPSA, in exchange for the temporary
typewritten Bond.
6. Payment; Paying Agent and Bond Registrar. The
following provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of
the Bonds, all payments of principal of, premium, if any, and
interest on the Bonds shall be made in immediately available funds
to the VPSA at or before 11:00 a.m. on the applicable Interest
Payment Date, Principal Payment Date or date fixed for prepayment
or redemption, or if such date is not a business day for Virginia
-2-
banks or for the Commonwealth of Virginia, then at or before 11:00
a.m. on the business day next preceding such Interest Payment Date,
Principal Payment Date or date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the extent
permitted by law, interest shall bear interest at the applicable
interest rate or rates on the Bonds; and
(c) Crestar Bank, Richmond, Virginia, is designated as
Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption. The Pfincipal Installments
of the Bonds held by the VPSA coming due on or . before July 15,
2007, and the definitive Bonds for which the Bonds held by the VPSA
may be exchanged that mature on or before July 15, 2007, are not
subject to prepayment or redemption prior to their stated
maturities. The Principal Installments of the Bonds held by the
VPSA coming due after July -15, 2007, and the definitive Bonds for
which the Bonds held by the VPSA may be exchanged that mature after
July 15, 2007, are subject to prepayment or redemption at the
option of the County prior to their stated maturities in whole or
in part, on any date on or after July 15, 2007, upon payment of the
prepayment or redemption prices (expressed as percentages of
Principal Installments to be prepaid or the principal amount of the
Bonds to be redeemed) set forth below plus accrued interest to the
date set for prepayment or redemption:
Dates Prices
July 15, 2007
to July 14, 2008,
103%
inclusive
July 15, 2008
to July 14, 2009,
102
inclusive
July 15, 2009
to July 14, 2010,
101
inclusive
July 15, 2010
and
100
thereafter .................
Provided, however, that the Bonds shall not be subject to
prepayment or redemption prior to their stated maturities as
described above without first obtaining the written consent of the
registered owner of the Bonds. Notice of any such prepayment or
redemption shall be given by the Bond Registrar to the registered
owner by registered mail not more than ninety (90) and not less
than sixty (60) days before the date fixed for prepayment or
redemption. The County Administrator is authorized to approve such
other redemption provisions, including changes to the redemption
-3-
dates set forth above, as may be set forth in the Bond Sale
Agreement.
8. Execution of the Bonds. The Chairman or Vice
Chairman and the Clerk or any Deputy Clerk of the Board are
authorized and directed to execute and deliver the Bonds and to
affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt
payment of the principal of, and the premium, if any, and the
interest on the Bonds as the same shall become due, the full faith
and credit of the County are hereby irrevocably pledged, and in
each year while any of the Bonds shall be outstanding there shall
be levied and collected in accordance with law an"annual ad valorem
tax upon all taxable property in the County subject to local
taxation sufficient in amount to provide for the payment of the
principal of, and the premium, if any, and the interest on the
Bonds as such principal, premium, if any, and interest shall become
due, which tax shall be without limitation as to rate or amount and
in addition to all other taxes authorized to be levied in the
County to the extent other funds of the County are not lawfully
available and appropriated for such purpose.
10. Use of Proceeds Certificate; Non -Arbitrage
Certificate. The Chairman of the Board and the County
Administrator, or either of them, and such officer or officers of
the County as either may designate are hereby authorized and
directed to execute a Non -Arbitrage Certificate, if requested by
bond counsel, and a Use of Proceeds Certificate setting forth the
expected use and investment of the proceeds of the Bonds and
containing such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code of
1986, as amended (the "Code"), and applicable regulations relating
to the exclusion from gross income of interest on the Bonds and on
the VPSA Bonds. The Board covenants on behalf of the County that
(i) the proceeds from the issuance and sale of the Bonds will be
invested and expended as set forth in such Use of Proceeds
Certificate and the County shall comply with the covenants and
representations contained therein and (ii) the County shall comply
with the provisions of the Code so that interest on the Bonds and
on the VPSA Bonds will remain excludable from gross income for
Federal income tax purposes.
11. State Non -Arbitrage Program; Proceeds Agreement.
The Board hereby determines that it is in the best interests of the
County to authorize and direct the County Treasurer to participate
in the State Non -Arbitrage Program in connection with the Bonds.
The County Administrator and the Chairman of the Board, or either
of them, and such officer or officers of the County as either of
them may designate, are hereby authorized and directed to execute
and deliver a Proceeds Agreement with respect to the deposit and
investment of proceeds of the Bonds by and among the County, the
-4-
other participants in the sale of the VPSA Bonds, the VPSA, the
investment manager, and the depository substantially in the form on
file with the County Administrator, which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of
the Board and the County Administrator, or either of them, and such
officer or officers of the County as either of them may designate
are hereby authorized and directed to execute a Continuing
Disclosure Agreement, as set forth in Appendix F to,the Bond Sale
Agreement, setting forth the reports and notices to be filed by the
County and containing such covenants as may be necessary in order
to show compliance with the provisions of the Securities and
Exchange Commission Rule 15c2-12.
13. Filing of Resolution. The appropriate officers or
agents of the County are hereby authorized and directed to cause a
certified copy of this Resolution to be filed with the Circuit
Court of the County.
14. Further Actions. The County Administrator, the
Chairman of the Board, and such other officers, employees and
agents of the County as either of them may designate are hereby
authorized to take such action as the County Administrator or the
Chairman of the Board may consider necessary or desirable in
connection with the issuance and sale of the Bonds and any such
action previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect
immediately.
The undersigned Deputy Clerk of the Board of Supervisors
of the County of Roanoke, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract from the minutes
of a meeting of the Board of Supervisors held on September 24,
1996, and of the whole thereof so far as applicable to the matters
referred to in such extract. I hereby further certify that such
meeting was a regularly scheduled meeting and that, during the
consideration of the foregoing resolution, a quorum was present.
On motion of Supervisor Harrison to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
/&�Q-
Brenda J. I461ton, Deputy Clerk
Roanoke County Board of Supervisors
-5-
cc: File
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
Dr. Deanna Gordon, School Superintendent
WITNESS MY HAND and the seal of the Board of Supervisors
of the County of Roanoke, Virginia, this 24th day of September,
1996.
(SEAL)
&�tll
Brenda J. 1461ton, Deputy Clerk
Board of Supervisors
of the County of Roanoke,
Virginia
CM.
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA
September 24, 1996
At a regular meeting of the Board of Supervisors of the County
of Roanoke, Virginia, held on September 24, 1996, the following
persons were present or absent as shown:
PRESENT: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
ABSENT: None
ABSENT:
Upon motion by Supervisor Harrison,the following resolution
was adopted by a majority of the members of the Board of
Supervisors by the following roll call vote, as recorded in the
minutes of the meeting:
MEMB R
VOTE
Supervisor
Eddy
Yes
Supervisor
Minnix
Yes
Supervisor
Harrison
Yes
Supervisor
Nickens
Yes
Supervisor
Johnson
Yes
NO. TR -1
EXHIBIT A
(FORM OF TEMPORARY BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
General Obligation School Bond
Series 1996
The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value
received, hereby acknowledges itself indebted and promises to pay
to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of
Dollars
($ ), in annual installments in the amounts set forth on
Schedule I attached hereto payable on July 15, and annually on
July 15 thereafter to and including July 15, (each a
"Principal Payment Date"), together with interest from the date of
this Bond on the unpaid installments, payable semi-annually on
January 15 and July 15 of each year commencing on July 15, 1997
(each an "Interest Payment Date"; together with any Principal
Payment Date, a "Payment Date"), at the rates per annum set forth
on Schedule I attached hereto, subject to prepayment or redemption
as hereinafter provided. Both principal of and interest on this
Bond are payable in lawful money of the United States of America.
For as long as the Virginia Public School Authority is the
registered owner of this Bond, , Richmond, Virginia, as
bond registrar (the "Bond Registrar") shall make all payments of
principal of, premium, if any, and interest on this Bond, without
presentation or surrender hereof, to the Virginia Public School
Authority, in immediately available funds at or before 11:00 a.m.
on the applicable Payment Date or date fixed for prepayment or
redemption. If a Payment Date or date fixed for prepayment or
redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of
principal of, premium, if any, or interest on this Bond shall be
made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date
fixed for prepayment or redemption. Upon receipt by the registered
owner of this Bond of said payments of principal, premium, if any,
and interest, written acknowledgment of the receipt thereof shall
be given promptly to the Bond Registrar, and the County shall be
fully discharged of its obligation on this Bond to the extent of
the payment so made. Upon final payment, this Bond shall be
surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably
pledged for the payment of the principal of, premium, if any, and
interest on this Bond. The resolution adopted by the Board of
Supervisors authorizing the issuance of the Bonds provides, and
Section 15.1-227.25 of the Code of Virginia of 1950, as amended,
requires, that there shall be levied and collected an annual tax
upon all taxable property in the County subject to local taxation
sufficient to provide for the payment of the principal of, premium,
-2-
if any, and interest on this Bond as the same shall become due
which tax shall be without limitation as to rate or amount and
shall be in addition to all other taxes authorized to be levied in
the County to the extent other funds of the County are not lawfully
available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and
pursuant to the Constitution and laws of the Commonwealth of
Virginia, including the Public Finance Act of 1991, Chapter 5.1,
Title 15.1, Code of Virginia of 1950, as amended, and resolutions
duly adopted by the Board of Supervisors of the County and the
School Board of the County to provide funds for capital projects
for school purposes.
This Bond may be exchanged without cost at the office of the
Bond Registrar for an equal aggregate principal amount of bonds in
definitive form having maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the
installments of principal of this Bond then unpaid, issuable in
fully registered form in the denominations of $5,000 and whole
multiples thereof. On twenty (20) days written notice from the
Virginia Public School Authority, the County shall deliver, at its
expense, this Bond in marketable form, in exchange for the
temporary typewritten Bond.
This Bond is registered in the name of the Virginia Public
School Authority on the books of the County kept by the Bond
Registrar, and the transfer of this Bond may be effected by the
registered owner of this Bond only upon due execution of an
-3-
assignment by such registered owner. Upon receipt of such
assignment and the surrender of this Bond, the Bond Registrar shall
exchange this Bond for definitive Bonds as hereinabove provided,
such definitive Bonds to be registered on such registration books
in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or
before July 15, , and the definitive Bonds for which this Bond
may be exchanged that mature on or before July 15, , are not
subject to prepayment or redemption prior to their stated
maturities. The principal installments of this Bond coming due
after July 15, and the definitive Bonds for which this Bond
may be exchanged that mature after July 15, , are subject to
prepayment or redemption at the option of the County prior to their
stated maturities in whole or in part, on any date on or after July
15, , upon payment of the prepayment or redemption prices
(expressed as percentages of principal installments to be prepaid
or the principal amount of the Bonds to be redeemed) set forth
below plus accrued interest to the date set for prepayment or
redemption:
-4-
Dates
Prices
July
15, to July 14,
103%
inclusive
July
15, to July 14,
102
inclusive
July
15, to July 14,
101
inclusive
July
15, and
100
thereafter...............
-4-
Provided, however, that the Bonds shall not be subject to
prepayment or redemption prior to their stated maturities as
described above without the prior written consent of the registered
owner of the Bonds. Notice of any such prepayment or redemption
shall be given by the Bond Registrar to the registered owner by
registered mail not more than ninety (90) and not less than sixty
(60) days before the date fixed for prepayment or redemption.
All acts, conditions and things required by the Constitution
and laws of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and
manner as so required, and this Bond, together with all other
indebtedness of the County, is within every debt and other limit
prescribed by the Constitution and laws of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of
Roanoke, Virginia, has caused this Bond to be issued in the name of
the County of Roanoke, Virginia, to be signed by its Chairman, its
seal to be affixed hereto and attested by the signature of its
Clerk, and this Bond to be dated , 1996.
COUNTY OF ROANOKE, VIRGINIA
(SEAL)
ATTEST:
By
Clerk, Board of Supervisors Chairman, Board of Supervisors
of the County of Roanoke, of the County of Roanoke,
Virginia Virginia
-5-
FOR VALUE RECEIVED,
transfers unto
ASSIGNMENT
the undersigned sells, assigns and
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
the within Bond and irrevocably constitutes and appoints
attorney to
exchange said Bond for definitive bonds in lieu of which this Bond
is issued and to register the transfer of such definitive bonds on
the books kept for registration thereof, with full power of
substitution in the premises.
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
Dated:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by a member firm of
the New York Stock Exchange or
a commercial bank or trust
company.)
W:\VSA\ROANK\ROANK30.RS3
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
Y
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 1996
ORDINANCE 092496-6 AMENDING THE ROANOKE COUNTY CODE
BY ADDING ARTICLE II. Regulation of Open Burning.,
SECTION 9-5, Title., SECTION 9-6, Purpose., SECTION
9-7, Definitions., SECTION 9-8, Prohibitions on
open burning., SECTION 9-9, Exemptions., SECTION 9-
10, Permissible open burning., SECTION 9-11,
Permits, AND SECTION 9-12, Penalties for
violation., AMENDING SECTION 9-18, Enforcement, OF
ARTICLE III, Virginia Statewide Fire Prevention
Code, REPEALING SECTION 9-3 Burning of woods,
brush, leaves, etc. AND SECTION 9-4, Burning of
waste material near residence, garage, etc. OF
ARTICLE I. In General, OF CHAPTER 9, FIRE
PREVENTION AND PROTECTION AND REPEALING SECTION 3-2
Permitted open burning of leaves from trees OF
ARTICLE I. In General, OF CHAPTER 3, AIR POLLUTION
CONTROL.
WHEREAS, regulations of the State Air Pollution Control
Board permit transfer of responsibility of regulation of open
burning operations from the Board to a locality upon the adoption
by the governing body of a locality of regulations governing such
open burning operations; and
WHEREAS, adoption of an ordinance regulating open burning
operations within the County of Roanoke would improve public
safety, increase convenience for county residents and businesses
seeking to conduct such operations, and meets .the State's
requirements for certain types of open burning operations; and,
WHEREAS, the first reading of this ordinance was held on
September 10, 1996; and the second reading and public hearing was
held on September 24, 1996.
BE IT ORDAINED by the Board of Supervisors of the County of
Roanoke, Virginia, as follows:
1. That Chapter 9 FIRE PREVENTION AND PROTECTION, be amended
by the enactment of a new Article II. Regulation of Open Burning,
as follows:
ARTICLE II. REGULATION OF OPEN BURNING
Sec. 9-5. Title.
This Article shall be known as the Roanoke County Ordinance
for the Regulation of Open Burning.
Sec. 9-6. Purpose.
The purpose of this article is to protect public health,
safety, and welfare by regulating open burning within the County of
Roanoke to achieve and maintain, to the greatest extent
practicable, a level of air quality that will provide comfort and
convenience while promoting economic and social development. This
Article is intended to supplement the applicable regulations
promulgated by the State Air Pollution Control Board and other
applicable regulations and laws.
Sec. 9-7. Definitions.
For the purpose of this Article and subsequent amendments or
any orders issued by the County of Roanoke, the words or phrases
shall have the meaning given them in this section.
A. "Automobile graveyard" means any lot or place which is
exposed to the weather and upon which more than five motor vehicles
of any kind, incapable of being operated, and which it would not be
economically practical to make operative, are placed, located or
found.
B. "Clean burning waste" means waste which does not produce
dense smoke when burned and is not prohibited to be burned under
2
this ordinance.
C. "Construction waste" means solid waste which is produced
or generated during construction of structures. Construction waste
consists of lumber, wire, sheetrock, broken brick, shingles, glass,
pipes, concrete, and metal and plastics if the metal or plastics
are a part of the materials of construction or empty containers for
such materials. Paints, coatings, solvents, asbestos, any liquid,
compressed gases or semi -liquids, and garbage are not construction
wastes and the disposal of such materials must be in accordance
with the regulations of the Virginia Waste Management Board.
D. "Debris waste" means stumps, wood, brush, and leaves from
land clearing operations.
E. "Demolition waste" means that solid waste which is
produced by the destruction of structures and their foundations and
includes the same materials as construction waste.
F. "Garbage" means rotting animal and vegetable matter
accumulated by a household in the course of ordinary day-to-day
living.
G. "Hazardous waste" means refuse or combination of refuse
which, because of its quantity, concentration or physical, chemical
or infectious characteristics may:
1. cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
illness; or
2. pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored,
3
transported, disposed, or otherwise managed.
H. "Household refuse" means waste material and trash
normally accumulated by a household in the course of ordinary day-
to-day living.
I. "Industrial waste" means all waste generated on the
premises of manufacturing and industrial operations such as, but
not limited to, those carried on in factories, processing plants,
refineries, slaughter houses, and steel mills.
J. "Junkyard" means an establishment or place of business
which is maintained, operated, or used for storing, keeping,
buying, or selling junk, or for the maintenance or operation of an
automobile graveyard, and the term shall include garbage dumps and
sanitary fills.
K. "Landfill" means a sanitary landfill, an industrial waste
landfill, or a construction/demolition/debris landfill. See Solid
Waste Management Regulations (VR 672-20-10) for further definitions
of these terms.
L. "Local landfill" means any landfill located within the
jurisdiction of a local government.
M. "Open burning" means the burning of any matter in such a
manner that the products resulting from combustion are emitted
directly into the atmosphere without passing through a stack, duct
or chimney.
N. "Open pit incinerator" means a device used to burn waste
for the primary purpose of reducing the volume by removing
4
combustible matter. Such devices function by directing a curtain
of air at an angle across the top of a trench or similarly enclosed
space, thus reducing the amount of combustion by-products emitted
into the atmosphere. The term also includes trench burners, air
curtain destructors and over draft incinerators.
O. "Refuse" means trash, rubbish, garbage and other forms of
solid or liquid waste, including, but not limited to, wastes
resulting from residential, agricultural, commercial, industrial,
institutional, trade, construction, land clearing, forest
management and emergency operations.
P. "Salvage operation" means any operation consisting of a
business, trade or industry participating in salvaging or
reclaiming any product or material, such as, but not limited to,
reprocessing of used motor oils, metals, chemicals, shipping
containers or drums, and specifically including automobile
graveyards and junkyards.
Q. "Sanitary landfill" means an engineered land burial
facility for the disposal of household waste which is so located,
designed, constructed, and operated to contain and isolate the
waste so that it does not pose a substantial present or potential
hazard to human health or the environment. A sanitary landfill
also may receive other types of solid wastes, such as commercial
solid waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, and nonhazardous
industrial solid waste. See Solid Waste Management Regulations (VR
672-20-10) for further definitions of these terms.
E
R. "Smoke" means small gas -borne particulate matter
consisting mostly, but not exclusively, of carbon, ash and other
material in concentrations sufficient to form a visible plume.
S. "Special incineration device" means a pit incinerator,
conical or teepee burner, or any other device specifically designed
to provide good combustion performance.
Sec. 9-8. Prohibitions on open burning.
A. No owner or other person shall cause or permit open
burning or the use of a special incineration device for disposal of
refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit open
burning or the use of a special incineration device for disposal of
rubber tires, asphaltic. materials, crankcase oil, impregnated wood
or other rubber or petroleum based materials except when conducting
bona fide fire fighting instruction at fire fighting training
schools having permanent facilities.
C. No owner or other person shall cause or permit open
burning or the use of a special incineration device for disposal of
hazardous waste or containers for such materials.
D. No owner or other person shall cause or permit open
burning or the use of a special incineration device for the purpose
of a salvage operation or for the disposal of commercial/industrial
waste.
E. Open burning or the use of special incineration devices
permitted under the provisions of this ordinance does not exempt or
excuse any owner or other person from the consequences, liability,
C:
damages or injuries which may result from such conduct; nor does
it excuse or exempt any owner or other person from complying with
other applicable laws, ordinances, regulations and orders of the
governmental entities having jurisdiction, even though the open
burning is conducted in compliance with this ordinance. In this
regard special attention should be directed to 5 10.1-1142 of the
Forest Fire Law of Virginia, the regulations of the Virginia Waste
Management Board, and the State Air Pollution Control Board's
Regulations for the Control and Abatement of Air Pollution.
F. Upon declaration of an alert, warning or emergency stage
of an air pollution episode as described in Part VII of the
Regulations for the Control and Abatement of Air Pollution or when
deemed advisable by the State Air Pollution Control Board to
prevent a hazard to, or an unreasonable burden upon, public health
or welfare, no owner or other person shall cause or permit open
burning or use of a special incineration device; and any in
process burning or use of special incineration devices shall be
immediately terminated in the designated air quality control
region.
sec. 9-9. Exemptions.
The following activities are exempted to the extent covered by
the State Air Pollution Control Board's Regulations for the Control
and Abatement of Air Pollution:
A. open burning for training and instruction of government
and public fire fighters under the supervision of the designated
official and industrial in-house fire fighting personnel;
7
B. open burning for camp fires or other fires that are used
solely for recreational purposes, for ceremonial occasions, for
outdoor noncommercial preparation of food, and for warming of
outdoor workers;
C. open burning for the destruction of any combustible
liquid or gaseous material by burning in a flare or flare stack;
D. open burning for forest management and agriculture
practices approved by the State Air Pollution Control Board; and
E. open burning for the destruction of classified military
documents.
Sec. 9-10. Permissible open burning.
A. Open burning is permitted for the disposal of leaves and
tree, yard and garden trimmings located on the premises of private
property, provided that the conditions are met:
1. The burning takes place on the premises of the private
property; and
2. The location of the burning is not less than 300 feet
from any occupied building unless the occupants have
given prior permission, other than a building located on
the property on which the burning is conducted; and
3. No regularly scheduled public or private collection
service for such trimmings is available at the adjacent
street or public road.
B. Open burning is permitted for the disposal of household
refuse by homeowners or tenants, provided that the following
conditions are met:
RI
1. The burning takes place on the premises of the dwelling;
2. Animal carcasses or animal wastes are not burned;
3. Garbage is not burned;
4. The location of the burning is not less than 300 feet
from any occupied building unless the occupants have
given prior permission, other than a building located on
the property on which the burning is conducted; and
5. No regularly scheduled public or private collection
service for such refuse is available at the adjacent
street or public road.
C. Open burning is permitted for the disposal of debris
waste resulting from property maintenance, from the development or
modification of roads and highways, parking areas, railroad tracks,
pipelines, power and communication lines, buildings or building
areas, sanitary landfills, or from any other clearing operations
which may be approved by the Roanoke County Fire Marshal, provided
the following conditions are met:
1. All reasonable effort shall be made to minimize the
amount of material burned, with the number and size of
the debris piles approved by the Roanoke County Fire
Marshal;
2. The material to be burned shall consist of brush, stumps
and similar debris waste and shall not include demolition
material;
3. The burning shall be at least 500 feet from any occupied
building unless the occupants have given prior
9
permission, other than a building located on the property
on which the burning is conducted;
4. The burning shall be conducted at the greatest distance
practicable from highways and air fields;
5. The burning shall be attended at all times and conducted
to ensure the best possible combustion with a minimum of
smoke being produced;
6. The burning shall not be allowed to smolder beyond the
minimum period of time necessary for the destruction of
the materials; and
7. The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
D. Open burning is permitted for the disposal of debris on -
the site of local landfills provided that the burning does not take
place on land that has been filled and covered so as to present an
underground fire hazard due to the presence of methane gas provided
the following conditions are met:
1. The burning shall take place on the premises of a local
sanitary landfill which meets the provisions of the
regulations of the Virginia Waste Management Board;
2. The burning shall be attended at all times;
3. The material to be burned shall consist only of brush,
tree trimmings, yard and garden trimmings, clean burning
construction waste, clean burning debris waste, or clean
burning demolition waste;
4. All reasonable effort shall be made to minimize the
LU
amount of material that is burned;
5. No materials may be burned in violation of the
regulations of the Virginia Waste Management Board or the
State Air Pollution Control Board. The exact site of the
burning on a local landfill shall be established in
coordination with the regional director and the Roanoke
County Fire Marshal; no other site shall be used without
the approval of these officials. The Roanoke County Fire
Marshal shall be notified of the days during which the
burning will occur
Sec. 9-11. Permits.
A. When open burning of debris waste (Sec. 9-10.C.) or open
burning of debris on the site of a local landfill (Sec. 9-10.D) is
to occur within Roanoke County, the person responsible for the
burning shall obtain a permit from the Roanoke County Fire Marshal
prior to the burning. Such a permit may be granted only after
confirmation by the Roanoke County Fire Marshal that the burning
can and will comply with the provisions of this ordinance and any
other conditions which are deemed necessary to ensure that the
burning will not endanger the public health and welfare and to
ensure compliance with any applicable provisions of the State Air
Pollution Control Board's Regulations for the Control and Abatement
of Air Pollution. The permit may be.issued for each occasion of
burning or for a specific period of time deemed appropriate by the
Roanoke County Fire Marshal.
B. Prior to the initial installation (or reinstallation, in
11
cases of relocation) and operation of special incineration devices,
the person responsible for the burning shall obtain a permit from
the Roanoke County Fire Marshal, such permits to be granted only
after confirmation by the Roanoke County Fire Marshal that the
burning can and will comply with the applicable provisions in
Regulations for the Control and Abatement of Air Pollution and that
any conditions are met which are deemed necessary by the Roanoke
County Fire Marshal to ensure that the operation of the devices
will not endanger the public health and welfare. Permits granted
for the use of special incineration devices shall, at a minimum,
contain the following conditions:
1. All reasonable effort shall be made to minimize the
amount of material that is burned. Such efforts shall
include, but are not limited to, the removal of pulpwood,
sawlogs and firewood.
2. The material to be burned shall consist of brush, stumps
and similar debris waste and shall not include demolition
material.
3. The burning shall be at least 300 feet from any occupied
building unless the occupants have given prior
permission, other than a building located on the property
on which the burning is conducted; burning shall be
conducted at the greatest distance practicable from
highways and air fields. If the Roanoke County Fire
Marshal determines that it is necessary to protect public
health and welfare, he may direct that any of the above
12
cited distances be increased.
4. The burning shall be attended at all times and conducted
to ensure the best possible combustion with a minimum of
smoke being produced. Under no circumstances should the
burning be allowed to smolder beyond the minimum period
of time necessary for the destruction of the materials.
5. The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
6. The use of special incineration devices shall be allowed
only for the disposal of debris waste, clean burning
construction waste, and clean burning demolition waste.
7. Permits issued under this subsection shall be limited to
a specific period of time deemed appropriate by the
Roanoke County Fire Marshal.
Sec. 9-12. Penalties for violation.
A. Any violation of this ordinance is punishable as a Class I
misdemeanor.
B. Each separate incident may be considered a new violation.
2. That Chapter 9 FIRE PREVENTION AND PROTECTION, Article I.
In General, be amended by the repeal of Section 9-3, Burning of
woods, brush leaves, etc., and Section 9-4, Burning of waste
material near residence, garage, etc.;
13
3. That Chapter 3 AIR POLLUTION CONTROL, Article I. In
General, be amended by the repeal of Section 3-2. Permitted open
burning of leaves from trees.;
4. That Article II. Virginia Statewide Fire Prevention Code,
be redesignated as "Article III. Virginia Statewide Fire Prevention
Code," of Chapter 9 FIRE PREVENTION AND PROTECTION of the Roanoke
County Code.
5. That Section 9-18. Enforcement of Article III. Virginia
Statewide Fire Prevention Code, of Chapter 9 FIRE PREVENTION AND
PROTECTION of the Roanoke County Code be amended and reenacted, as
follows:
Sec. 9-18. Enforcement.
(a) The Roanoke County Fire Marshal is hereby directed to
enforce the provisions of the Virginia Statewide Fire Prevention
Code and this5 code. The county fire marshal shall establish
such procedures or requirement as may be necessary for the
administration and enforcement of said code c'e The county
fire marshal is hereby authorized to issue a summons for any
violation of the provisions of the code, pursuant to the provisions
of Section F-106.:9:$ of said Code. The fire marshal shall coordinate
his enforcement activities with the county building official and
zoning administrator. The fire marshal shall assign and detail such
members of the Roanoke County Fire and Rescue Department as
inspectors or other assistants as he may deem necessary in
administering and enforcing the provisions of such code
M9-
14
MUM-
6.
;:; ?ci a ` ;:.;::;.> :::::::.:::::...
.... ...........�......
's:z:;:;;::;;>;;:;::::::.;:•;:r.;:;:;;.::.;;...........................:...:......
6. That this ordinance shall be in full force and effect
from and after September 25, 1996.
On motion of Supervisor Harrison to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. H lton, Deputy Clerk
Roanoke County Board of Supervisors
15
cc: File
Richard E. Burch, Jr., Chief of Fire & Rescue
Joseph B. Obenshain, Senior Assistant County Attorney
Circuit Court
G. O. Clemens, Judge
Roy B. Willett, Judge
Clifford R. Weckstein, Judge
Diane McQ. Strickland, Judge
Richard C. Pattisall, Judge
Robert P. Doherty, Jr., Judge
Steven A. McGraw, Clerk
Juvenile Domestic Relations District Court
Joseph M. Clarke, II, Judge
Philip Trompeter, Judge
John B. Ferguson, Judge
Joseph P. Bounds, Judge
Ruth P. Bates, Clerk
Intake Counsellor
General District Court
John L. Apostolou, Judge
George W. Harris, Judge
William Broadhurst, Judge
Vincent Lilley, Judge
Julian H. Raney., Judge
Theresa A. Childress, Clerk
Skip Burkart, Commonwealth Attorney
Paul M. Mahoney, County Attorney
Magistrates Sherri Krantz/Betty Perry
Main Library
John H. Cease, Police Chief
Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
Gerald S. Holt, Sheriff
John M. Chambliss, Jr., Assistant County Administrator
Don C. Myers, Assistant County Administrator
Diane D. Hyatt, Director, Finance
O. Arnold Covey, Director, Engineering & Inspections
Terrance L. Harrington, Director, Planning & Zoning
Gary Robertson, Director, utility
Michael Lazzuri, Court Services
William J. Rand, III, Director, General Services
Thomas S. Haislip, Director, Parks & Recreation
Elaine Carver, Director, Procurement
John W. Birckhead, Director, Real Estate Assessment
Alfred C. Anderson, Treasurer
R. Wayne Compton, Commissioner of Revenue
16
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, SEPTEMBER 24, 1996
ORDINANCE 092496-7 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.11 -ACRE TRACT OF REAL
ESTATE LOCATED AT 2056 LOCH HAVEN DRIVE(TAX
MAP NOS. 36.08-3-6 AND PART OF 36.08-3-5) IN
THE CATAWBA MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF AR TO THE ZONING
CLASSIFICATION OF I-1 WITH CONDITIONS UPON THE
APPLICATION OF DANIEL PETERS
WHEREAS, the first reading of this ordinance was held on
August 27, 1996, and the second reading and public hearing were
held September 24, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 3, 1996; 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 1.11 acres, as described herein, and located at
2056 Loch Haven Drive, (Tax Map Numbers 36.08-3-6 and part of
36.08-3-5) in the Catawba Magisterial District, is hereby changed
from the zoning classification of AR, Agriculture/Residential
District, to the zoning classification of I-1, Industrial District.
2. That this action is taken upon the application of Daniel
Peters.
3. That the owner of the property has voluntarily proffered
in writing the following conditions which the Board of Supervisors
1
of Roanoke County, Virginia, hereby accepts:
(1) No materials will be stored outside.
(2) No signage will be placed adjacent to Loch Haven Drive.
(3) The use of the property shall be limited to custom
manufacturing of woodworking and shop related items.
(4) The hours of operation shall be limited to 7 a.m. to 9
p.m., Monday through Saturday.
(5) All business activities shall be conducted within
enclosed buildings other than essential loading and
unloading.
4. That said real estate is more fully described as follows:
Beginning at a point on the northwest side of Loch Haven Drive
and in the southeast corner of Tract 2A belonging to David J.
and Ruth R. Sink, N. 26 deg. 26' 04" W. 256.10 feet to a
point; thence N. 62 deg. 21' 30 E. 205 feet to a point; thence
S. 26 deg. 26' 04" E. 161 feet to a point; thence S. 63 deg.
39' W. 45 feet to a point; thence S. 26 deg. 26' 04" E. 100
feet to a point; thence S. 63 deg. 39' W..149.72 feet to the
point of beginning.
5. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Harrison to adopt the Ordinance, and
carried by the following recorded vote: '
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
2
A COPY TESTE:
/'R �' � 0. a24' 4 2 �
Brenda J. Ho on, beputy Clerk
Roanoke County Board of Supervisors
cc: File
Terry Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
John W. Birckhead, Director, Real Estate Assessment
Paul M. Mahoney, County Attorney
3
F�'-
12 CCA
14
2.53Aa
_ DEPARIME<vT OF PZAA.NNZNG DANIEL A . PETERS
AND ZONING AR _TO 1-
36.08-3-6;* P/o 36.08-.3-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 24, 1996
RESOLUTION 092496-8 AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE ROANOKE COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY TO MANAGE A
GRANT PROGRAM FOR THE WILLIAMSON ROAD CORRIDOR
PROJECT
WHEREAS, the County has authorized the Williamson Road
Corridor Project, a project combining beautification and economic
development elements to be accomplished by a public/private
partnership between the County, the Roanoke County Industrial
Development Authority (the "Authority"), and property owners along
Williamson Road from the Peters Creek intersection area to the
Botetourt/Roanoke County line and along Plantation Road area from
I-81 to the Sunnybrook Inn ("the Project area"); and
WHEREAS, the County seeks to offer financial incentives to
property owners in the project area in order to assist said owners
in adopting those features from the Williamson Road Hollins Village
design guidelines for facade renovations, new signage, landscaping,
parking lot redesign, and lighting; and
WHEREAS, the County has approved and authorized funding for a
mini -matching grant program to property owners who undertake such
improvements; and
WHEREAS, the County seeks the assistance of the Authority in
the management, implementation and fulfillment of this mini -
matching grant program.
WHEREAS, Section 15.1-1378.13 of the State Code authorizes the
Authority to make loans or grants to any person, partnership,
1
association, corporation, or business in furtherance of the
purposes of promoting economic development.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That a mini -matching grant program to property owners in
the Williamson Road Corridor Project area to undertake certain
improvements in accordance with the design guidelines of the
"Hollins Village Master Plan" is hereby authorized and approved.
2. That an agreement between the Board of Supervisors of
Roanoke County and the Roanoke County Industrial Development
Authority for the management, implementation, and fulfillment of
this mini -matching grant program is hereby authorized and approved.
The County Administrator is authorized to execute this agreement on
behalf of the County, all upon form approved by the County
Attorney.
3. That the sum of $23,500, which was previously
appropriated to the Department of Planning and Zoning for this
Project, is hereby authorized to be transferred to the Authority
for the purpose of funding this mini -matching grant program.
4. That this resolution shall take effect from and after the
date of its adoption.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
oil
Brenda J. H ton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Terrance L. Harrington, Director, Planning & Zoning
Diane D. Hyatt, Director, Finance
Timothy W. Gubala, Secretary/Treasurer, IDA
V-)
This Agreement dated this day of ,1996, by and
between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, and the
ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY.
WITNESSETH
WHEREAS, the County has authorized the Williamson Road Corridor Project, a
project combining beautification and economic development elements to be accomplished
by a public/private partnership between the County, the Authority,. and property owners
along Williamson Road from the Peters Creek intersection area to the Botetourt/Roanoke
County line and along Plantation Road area from I-81 to the Sunnybrook Inn ("the Project
area"); and
WHEREAS, with the assistance of Hill Studios, P.C., the County has developed a
"Hollins Village Master Plan," based upon citizen participation for design guidelines for
improvements to the street scape and buildings in the project area; and
WHEREAS, the County seeks to offer financial incentives to property owners in the
project area in order to assist said owners in adopting those features from the Williamson
Road Hollins Village design guidelines for facade renovations, new signage, landscaping,
parking lot redesign, and lighting; and
WHEREAS, the County has approved an authorized funding for a mini -matching
grant program to property owners who undertake such improvements; .and
WHEREAS, the County seeks the assistance of the Authority in the management,
implementation and fulfillment of this mini -matching grant program.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
C-005MOSICOUNTUDA
V ")
County and the Authority agree as follows:
1. The County hereby transfers to the Authority from the Department of
Planning and Zoning the sum of $23,500 for the funding for this mini -matching grant
program for beautification and economic development projects to be achieved by
public/private partnerships between Roanoke County, the Roanoke County Industrial
Development Authority, and property owners in the project area.
2. That the Authority shall implement and manage this mini -matching grant
program in accordance with the criteria approved by the County, which is attached hereto
and identified as Exhibit A. That the Authority is authorized to make loans or grants to
any person, partnership, association, corporation, business or governmental entity in
furtherance of the purposes of the Industrial Development and Revenue Bond Act
(Chapter 33 of Title 15.1 of the Code of Virginia), including for the purposes of promoting
economic development provided that such loans or grants shall be made only from
revenues of the Authority which have not been pledged or assigned for any of the
Authority's bonds, and to enter into such contracts, instruments, and agreements as may
be expedient to provide for such loans and any security therefor, and for such grants,
pursuant to Section 15.1-1378.13 of the State Code. The Authority is specifically authorized
by the County to encourage and assist property owners or occupants within the project
area so designated to improve their respective holdings, by suggesting improved
standards for design, construction, maintenance, renovations, and use of such properties
and offering encouragement or assistance in other ways including the power to lend
money and to make grants to said owners or occupants, directed toward the prevention
CAWP51WOSICOUNTY.IDA 2
V-1
and elimination of deteriorating conditions within such project area.
3. The County authorizes Roanoke County planning staff and economic
development staff to work with the Authority to develop program documents and forms,
upon form to be approved by the County Attorney and the attorney for the Authority, in
order to implement the purposes of this program.
4. The Authority shall report to the County on a monthly basis with respect to
the management and implementation of this program, including monthly reports for
expenditures or appropriated funds, awards of grants, inspection and approval of
improvements, and payment of funds to contractors and business owners.
5. The Authority shall approve all grants to owners and contractors under this
mini -matching grant program.
6. The Authority shall authorize the payment of grant funds to eligible
contractors or business owners in accordance with the criteria herein established, and
within the limits of funds appropriated to it by the County. The contractor and/or
business owner shall execute a contract with the Authority in order to secure payments for
eligible beautification and economic development improvements, all upon form approved
by the County Attorney and the attorney for the Authority.
CAWP5I\BOS\C u M.mn 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON SEPTEMBER 24, 1996
RESOLUTION 092496-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to
an affirmative recorded vote and in accordance with the provisions
of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Johnson to adopt the
Certification Resolution, and carried by the following recorded
vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Brenda J. Wlton, Deputy Clerk
cc: File Roanoke County Board of Supervisors
Executive Session