HomeMy WebLinkAbout10/22/1996 - Adopted Board RecordsA-102296-1
ACTION #
ITEM NUMBER C
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 22, 1996
AGENDA ITEM: Updating and Readoption of Mutual Assistance Agreement between
the Roanoke County Police Department and the City of Salem Police
Department
COUNTY ADMINISTRATOR'S COMMENTS: ajz
BACKGROUND:
In 1992, a Mutual Assistance Agreement between the County's Police Department
and the Salem Police Department was approved by each governing body and executed on
behalf of each jurisdiction. Over the past four years this Agreement has operated
effectively to provide a clear legal basis for mutual response and assistance between the
police departments of the county and city. With the change in command at the Salem
Police Department, an opportunity arose to review the Agreement for any necessary
amendments or deletions.
SUMMARY OF INFORMATION:
In the opinion of both Chiefs of Police, this Mutual Assistance Agreement is
adequate to serve the law enforcement needs of these two adjoining jurisdictions.
However, Sections 10, 11, 12, and 13 of the original Agreement have been found to be
superfluous and have not actually been followed. These sections called for a semi-annual
account of available resources, a mobilization plan, mutual aid operational directives and
a semi-annual meeting to review all mutual aid plans and provisions of the Agreement.
Both police chiefs recommend that these four sections be deleted from the new agreement.
The Salem City Council on September 23, 1996, approved this updated Mutual Assistance
Agreement with the deletion of Sections 10, 11, 12, and 13.
L.�
Approval of this revised Agreement will continue the opportunity for augmented law
enforcement capabilities in both jurisdictions in emergency situations to assist in the
maintenance or restoration of order and the assistance of victims. The agreement contains
provisions for the indemnification of the providing jurisdiction and its personnel, including
life, health and liability insurance coverage. The agreement has worked well in several
situations to provide needed assistance to the requesting agency and is anticipated to
continue to work efficiently in the future. -
FISCAL IMPACT:
Any modest cost incurred by the County is offset by an increased service capability,
legal protection under state law and an improved working relationship between the two
police departments.
STAFF RECOMMENDATION:
Staff recommends that the County Administrator be authorized to execute a Mutual
Assistance Agreement with the City of Salem upon review and approval as to form by the
County Attorney.
Respectfully submitted,
Jdhn H. Cease
Chief of Police
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Jos'h B. Openshain
S or Assistant County Attorney
ACTION
Motion by: Bob L. Johnson to
approve
VOTE
No Yes Abs
Eddy x
Harrison x
Johnson x
Minnix x
Nickens x
cc: File
John H. Cease, Chief of Police
Joseph B Obenshain, Senior Assistant County Attorney
2
MUTUAL ASSISTANCE AGREEMENT
1
This agreement made and entered into by and between the City of Salem and the County
of Roanoke, Virginia.
Whereas, the law of the Commonwealth of Virginia provides under 15.1-131 and 15.1-
131.5 of the Code of Virginia that each political subdivision within the Commonwealth is
empowered to make and enter into the Mutual Aid Agreement with other contiguous
political subdivisions within the Commonwealth in order to more effectively allocate law
enforcement and other public safety services during emergency situations; and
Whereas, the undersigned political subdivisions which are parties to this Agreement
are desirous of obtaining additional law enforcement protection for the citizens of the
several political subdivisions during emergency situations by making the most efficient use
possible of the law enforcement personnel of the several political subdivisions; and
Whereas, it is desirable that each of the parties hereto should voluntarily aid and
assist each other in the event that an emergency situation should occur, by the interchange
of law enforcement services; and
Whereas, it is necessary and desirable that a Mutual Aid Agreement be executed for
the interchange of such mutual aid on a local, county -wide, and regional basis;
Now, therefore, it is hereby agreed by and between each and all of the parties hereto
as follows:
1) As used herein, the phrase "emergency situation" shall mean an actual or
potential condition within the jurisdiction of one or more of the parties that
poses an immediate threat to life or property, and which exceeds the resources
and capability of the jurisdiction(s) to successfully bring the situation under
control.
2) Each party agrees that in the event of an emergency situation, each other
party to this Agreement will furnish such personnel, equipment, facilities, or
services as is, in the opinion of the assisting member, available. Provided,
however, that each party reserves the right to refuse to render assistance or
to recall any or all rendered assistance, whenever it is determined that such
actions are necessary to the continued protection of the assisting party's
jurisdiction.
3) The following officers shall have the authority to invoke this agreement:
City of Salem Police Department
a. Chief of Police;
b. Captain of Police;
C. Detective Division Commander;
d. Services Division Commander; and
e. On -Duty Shift Supervisor.
Roanoke County Police Department
a. Chief of Police;
b. Uniform Division Commander;
C. Criminal Investigations Division Commander;
d. Services Division Commander;
e. On -Duty Shift Supervisor.
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E-1
Each party shall provide each other with a updated list semiannually,
specifying the name, position and telephone number of the above officials.
4) In order to invoke mutual aid under the provision of this Agreement, the
designated official from the requesting party shall be required to contact the
designated official of the responding party by telephone, radio, in writing, in
person, or by any other traditionally acceptable means of police
communications. The responding party may request such information from
the requesting party as is necessary to confirm the emergency situation, and
to assess the types and amounts of assistance that shall be provided.
5) During a declared emergency, all personnel from responding agencies shall
report to, and shall work under, the direction and supervision of the
designated supervisor of the requesting agency at the emergency site.
Provided, however, that at all times officers shall adhere to the policies and
procedures of their own department, and shall only be required to respond to
lawful orders. Each party reserves the right to refuse to render assistance or
to recall any or all assigned officers, whenever it is determined that such
assistance would necessitate violations of their own departmental policies and
procedures or it is unlawful.
6) Personnel responding to a call for mutual aid outside of their appointed
jurisdiction shall have those law enforcement powers provided for by the
Commonwealth of Virginia.
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7) In the event of a mutual aid request involving actual or potential mass arrests,
responding party law enforcement officers shall make arrests for offenses only
directly related to the incident, and assist in the processing of arrestees as
follows:
a. identification of arrestees;
b. control of property obtained from arrestees;
C. completion of arrest reports;
d. transportation of arrestees;
e. complete proper arrest warrant and prosecutorial procedures; and
f. court duty pertaining to arrests.
8) In any emergency situation in which the Mutual Aid Agreement has been
invoked, radio communications shall be established between both parties.
9) Each party providing personnel under the purview of this Agreement agrees
to be responsible for the wages, pension, and workers' compensation benefits
incurred by it's own personnel as a result of the emergency. However, a party
invoking the Mutual Aid Agreement may be charged with personnel overtime
costs.
4
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at�4) This agreement shall become effective as to each party political subdivision
when approved and executed by the governing body of that political
subdivision. The Agreement shall remain in effect as between both parties
until it is terminated by either party. Either party to this Agreement may
terminate participation upon thirty days written notice addressed to the chief
law enforcement official of the other signatory political subdivision.
4) The execution of this Agreement shall not give rise to any liability or
responsibility for failure to respond to any request for assistance made
pursuant to this Agreement. This Agreement shall not be construed as or
deemed to be an Agreement for the benefit of any third party or parties, and
no third party or parties shall have any right of action whatsoever hereunder
for any cause whatsoever.
'116) Both parties of this agreement shall: (1) waive any and all claims against all
the other parties thereto which may arise out of their activities outside their
perspective jurisdictions under this agreement; and (2) indemnify and save
5
harmless the other parties to this agreement from all claims by third parties
for property damage or personal injury which may arise out of the activities
of the other parties to this agreements outside their perspective jurisdictions
under this agreement.
In witness whereof, this Agreement has been executed and approved and is effective
and operative as to each of the parties as herein provided.
ATTEST:
Forest G. Jones
Clerk of Council
ATTEST:
Clerk, Board of Supervisors
CITY OF SALEM, VIRGINIA
BY
Carl E. Tarpley, Jr.
City Mayor
Approved as to form:
BY
Randolph M. Smith
City Manager
COUNTY OF ROANOKE, VIRGINIA
BY
Elmer C. Hodge
County Administrator
Approved as to form:
BY
Joseph B. Obenshain
Senior Assistant County Attorney
0
A-102296-2
ACTION NO.
ITEM NO. G '
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 22, 1996
AGENDA ITEM: Request to appropriate funds for two emergency -funded
corrections officer positions, to be partially funded by the
Virginia Compensation Board for FY 96-97. Request also includes an
amendment to the County Classification and Pay Plan to temporarily
accept these positions into the plan.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: On several occasions, the Sheriff has updated the Board
on staffing needs at the Roanoke County Jail due to an increased
inmate population. For FY95-96, the Compensation Board granted and
funded Roanoke County 4 temporary positions to deal with
overcrowding in the jail. These positions were to be funded by the
Comp Board for a period of one year, with additional funding to be
evaluated on a year -by -year basis. For FY96-97 the Sheriff's
Office received funding from the Compensation Board to hire two
corrections officers under the emergency overcrowding regulations
for the maintenance and care of Roanoke County's inmate population.
This action, as previously reported to the Board, reduces staffing
compared to FY95-96 levels by two positions. These positions are
designated for FY 96-97 and would be reevaluated in FY97-98. As
instructed by the Board, courses of action to have funding restored
for these temporary positions is currently being investigated.
SUMMARY OF INFORMATION: By accepting these two positions, we are
still down two positions in the jail from FY95-96. I am requesting
that the Roanoke County Board of Supervisors accept the state
funding for these positions, appropriate the related funds and
include them in the Roanoke County Classification and Pay Plan, on
a temporary basis.
FISCAL IMPACT: The total fiscal impact is $56,619. The Virginia
Compensation Board will be responsible for $44,777 leaving a
difference of $11,842 to be supplemented by the County. The County
supplement is needed because the Compensation Board does not cover
all fringe benefits and also recognizes a lower salary
reimbursement rate for Corrections Officers than is paid by Roanoke
County.
L�- a
STAFF RECOMMENDATION: Staff recommends appropriation of $44,777 in
revenue reimbursement from the Compensation Board and the related
expenditure increase in the Sheriff's personnel budget. Staff also
requests a transfer of $11,842 from the Board's Contingency account
to the Sheriff's personnel budget to cover unreimbursed costs of
the two positions.
Respectfully submitted,
r
Gerald S. Holt
Sheriff
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Appro ed by,
Elmer C. Hodge, Jr.
County Administrator
ACTION
Motion by: Lee B. Eddy to
approve funding and acceptance
into pay plan of two emergency
positions
cc: File
Gerald S. Holt, Sheriff
Joseph Sgroi, Director, Human Resources
Diane D. Hyatt, Director, Finance
VOTE
No Yes Abs
Eddy x
Harrison x
Johnson x
Minnix x
Nickens x
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON OCTOBER 22, 1996
RESOLUTION 102296-3 AUTHORIZING THE CONVEYANCE OF A
TEMPORARY GRADING AND CONSTRUCTION EASEMENT ON PROPERTY
KNOWN AS THE MERCY HOUSE CEMETERY TO RICHFIELD RETIREMENT
COMMUNITY
WHEREAS, the Board of Supervisors adopted Ordinance #072396-9,
authorizing an exchange of properties between the County and
Richfield Retirement Community (Richfield), with the property to be
acquired by Richfield being a parcel of land now described as "NEW
LOT 2B1" containing 4.824 acres, lying on Daugherty Road (Va. Sec.
Rte. 643), adjacent to the northerly boundary of the County's
Glenvar Library Property (a portion of Tax Map No. 55.13-1-2), said
property being designated on the Roanoke County Land Records as Tax
Map No. 55.09-1-20.2 and a portion of 55.13-1-2; and,
WHEREAS, Richfield plans to combine this property with an
adjoining tract owned by Richfield (Tax Map No. 55.09-01-19) for
development of the Alzheimer's Center; and,
WHEREAS, in connection with this development and as part of
the exchange transaction, Richfield has requested conveyance of a
temporary grading and construction easement on a portion of the
real estate owned by the Board of Supervisors and commonly referred
to as the Mercy House Cemetery; and,
WHEREAS, the easement is requested to cover filling
operations, without excavation, in a section of the property
outside of the fenced gravesite area, to provide a proper level of
protection for Richfield's proposed building from flooding, to
1
address unsightly conditions, and to provide protection of the
cemetery and surrounding area from future erosion and damage during
high water conditions; and,
WHEREAS, Richfield's proposal would mutually benefit Richfield
and the County, and it would be in the best interest of the County
to grant the easement for the preservation and improvement of the
Cemetery property; and,
WHEREAS, Section 18.04 of the County Charter requires the
adoption of an ordinance to acquire or convey an interest in real
estate; however, after such ordinance shall have taken effect, all
subsequent proceedings incidental thereto may be taken by
resolution of the Board; and,
WHEREAS, the County desires to grant the temporary grading and
construction easement in connection with the above-described
property exchange.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County that the County Administrator, or an Assistant
County Administrator, is hereby authorized to execute the necessary
documents to grant a temporary grading and construction easement on
a portion of the Mercy House Cemetery property (Tax Map No. 55.09-
01-18.1) as shown on Sheet 3 of the plat entitled 'Resubdivision
for County of Roanoke Showing the Resubdivision of a 5.697 Ac.
Tract and Lot 2B, Shamrock Industrial Park, P.B. 13, Pg. 134, and
Creating New Lot "A" (3.992 Ac.) and New Lot 112B1" (4.824 Ac.) and
Dedicating 0.096 Ac. To the County of Roanoke Situate on U. S.
Route 11/460 & Daugherty Road', dated July 11, 1996, prepared by T.
2
P. Parker & Son, Engineers -Surveyors -Planners, in connection with
the exchange of property between Richfield and the County
authorized by Ordinance #072396-9, subject to the following
covenants and conditions:
1. The easement shall be temporary and shall be solely for
filling operations; there shall be no excavation in the easement
area or otherwise on the County's Cemetery property.
2. All construction or fill operations shall cease in the
event that any grave site is discovered during operations, and
Richfield shall be responsible for taking such action as may be
necessary to preserve and protect the site as may be required at
the direction of the County's Director of Engineering &
Inspections.
3. The fill area shall be graded to a smooth contour and
seeded to restore it to a stable condition, and Richfield shall
monitor and maintain the area for a period of twelve months from
completion of the project construction to ensure that the area has
been properly stabilized, at which time the temporary easement
shall automatically terminate.
4. Richfield shall be responsible for any costs associated
with the project or the grant of the temporary easement.
5. The easement shall be upon form approved by the County
Attorney.
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
-A4 -
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Arnold Covey, Director, Engineering & Inspections
Timothy W. Gubala, Director, Economic Development
John W. Birckhead, Director, Real Estate Assessment
3
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TAX NO. 55.09=01-18.1 SHOWING THE RESUBDIVISION OF A 5.697:AC.-TRACT AND
AND LOT 28, SHAMROCK INDUSTRIAL PARK, P.B. 13, PG. 134, .
MERCY HOUSE. 'AND CREA7ING. NEW LOT A" (3 992 .AC. ) AND NEW LOT 231 � (4.824 AC.)
CEMETERY: AND DEDICATING 0.096 AC- TO THE COUNTY OF ROANOKE S/7UA•TE ON
U. S. •ROUTE 11/460 k DAUGHERTY ROAD
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ROANOKE COUNTY,, VIRGINIA
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 22, 1996
RESOLUTION 102296-4 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 October 22, 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 8, inclusive, as follows:
1. Approval of minutes - September 10, 1996, September 24,
1996
2. Request for support of petition requesting a speed
limit of 35 mph be posted on Twelve O'Clock Knob Road.
3. Designation of voting representative at the Virginia
Association of Counties (VACo) Annual Meeting.
4. Request for acceptance of Preakness Court and a portion
of Derby Drive into the Virginia Department of
Transportation Secondary System.
5. Donation of a water line easement from Everette N. And
Dana M. Hartwell (Red Lane Extension).
6. Request for acceptance of Longview Road, an extension
of existing Longview Road (SR739), platted under the
"Strawberry Mountain Subdivision Section #1" into the
Virginia Department of Transportation Secondary System.
7. Request for acceptance of Strawberry Mountain Drive and
Sunberry Circle from the intersection of Longview Road
(SR739) platted under the "Strawberry Mountain
Subdivision, Section #1 and #2" into the Virginia
Department of Transportation Secondary System.
8. Request from School Board for appropriation of $789,400
to purchase technology equipment to be funded by grant
by the Department of Education.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
. • CLGLX--11
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Gary Robertson, Director, Utility
Vickie L. Huffman, Assistant County Attorney
Dr. Deanna Gordon, School Superintendent
Diane D. Hyatt, Director, Finance
John Cease, Chief of Police
Jane James, Associate Director of Instructional Technology
A -102296-4.a
ACTION NO.
ITEM NUMBER 4—
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 22, 1996
AGENDA ITEM: Request for support of a petition requesting
that a speed limit of 35 miles per hour be
posted on Twelve O'Clock Knob Road
COUNTY ADMINISTRATOR'S COMMENTS:
The default speed limit is SS mph. I do not agree with VDOT's unwillingness to establish speed
limits in cases such as this, so I am bringing this item to you for consideration. If the state is not
willing to set limits on these roads, they should delegate the authority to us We could accomplish
much of the same by putting a number of dangerous curve signs on the roam but I prefer to address
the real issue.
A reduction from 55 to 35 mph might be excessive, and 45 mph might be more appropriate. In
addition to the request considered on this item, I would like to ask MOT to regulate rural road
speed limits or allow us to.
The Virginia Department of Transportation does not set speed limits
on rural roads in Roanoke County. It is assumed that drivers will
drive speeds that are based on the conditions of the road. For
example there are currently no speed limits on Twelve O'Clock Knob
Road, Blacksburg Road and rural portions of Sugarloaf Mountain
Road. Residential portions of Sugarloaf Mountain Road do have
speed limits. When there is additional residential growth such as
new large subdivisions, VDOT conducts traffic studies to determine
the speed limit for the area.
Attached is a petition from residents on Twelve O'Clock Knob Road
and other connecting roads, requesting that the Virginia Department
of Transportation post and enforce a 35 mile speed limit.
A study was conducted by VDOT several years ago, but the road did
not qualify for a 35 mph speed limit at that time. VDOT reviewed
the study again in 1996 and there was still no justification for
this speed limit.
VDOT Resident Engineer Jeff Echols has advised Arnold Covey,
Director of Engineering and Inspections, that a request for a
traffic study has been resubmitted.
The residents in the area have requested that the Board of
Supervisors support their petition. The reasons for the request
are outlined in the attached petition.
It is recommended that the Board of Supervisors send a letter to
VDOT supporting the residents in the area of Twelve O'Clock Knob
Road in their petition efforts to have a 35 mile per hour speed
limit posted
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Submitted by:
/'V- /
/�-�
Elmer C. Hodge
County Administrator
ACTION
Motion by: Harry C. Nickens to
approve
cc: File
Arnold Covey, Director, Engineering & Inspections
John H. Cease, Chief of Police
VOTE
No Yes Abs
Eddy
x
Harrison
x
Johnson
x
Minnix
x
Nickens
x
cc: File
Arnold Covey, Director, Engineering & Inspections
John H. Cease, Chief of Police
ROBERT E. JR. & GENEVIEVE C. HENDERSON
5412 TWELVE O'CLOCK KNOB ROAD
ROANOKE, VA 24018
TEL. 540-774-7606
October 1, 1996
Virginia Department
of Transportation
Attn. Messrs. Fred Altizer & Jeff Echols
PO Box 3071
Salem, VA 24153
Gentlemen:
We seek your help in getting the speed limit lowered on Twelve O'Clock
Knob Road (Route 694) from the top of the mountain to the 221 intersection. I
am advised by a number of my neighbors that they have talked with you over the
past several years about persons who drive at an unsafe speed on this road and
asked that a lower speed limit be posted. The situation continues to get worse
as more houses are built in this area and as more people use the road to
commute to Salem. You may recall, Mr. Echols, that I called you about this
situation last fall.
Speeding on secondary roads comes up frequently at our civic league
meetings, with citizens asking what can be done to lower the speed limit. Some
secondary roads in our area with less traffic than Route 694 have had lower
speed limits posted, but we have seen no improvement with respect to this
particular road. As responsible residents of the area, we cannot sit idly by and
wait for a tragedy to occur. You will see from the attached document that we
now petition you and others in our area who are responsible for the safety of our
secondary road system to assist us in establishing, posting, and enforcing a
lower speed limit for Route 694 (Twelve O'Clock Knob Road).
If you feel it would be helpful to hold a meeting to discuss this request,
please let me know. We desperately need your help!
Sin rely,
Atev��7--��
enevieve C. Henderson
gch
Enc.
cc + enc.- Hon. Lee Eddy & Other Supervisors
cc + enc.- Hon. H. Morgan Griffith
cc + enc.- Hon. Malfound H. Trumbo
ccenc.- Roanoke County Police Chief John Cease
cc + enc.- Roanoke County Administrator Elmer Hodge
PETITION
We, the undersigned residents and owners of property from the top of Twelve
O'Clock Knob to U.S. Highway Route 221 in the Back Creek section of Roanoke
County, including those residents on state roads and private driveways which
connect with Twelve O'Clock Knob Road in this area, do hereby petition the
VIRGINIA DEPARTMENT OF TRANSPORTATION, the Roanoke County Board
of Supervisors (particularly our Supervisor Lee Eddy), those who represent us in
the Virginia General Assembly --Delegates Morgan Griffith and Bo Trumbo,
Roanoke County Police Chief John Cease, and all other persons of authority
who may have any responsibility with respect to the safety of persons using the
Virginia Secondary Road System to hear our plea for establishing, posting, and
enforcing a lower speed limit on Route 694 (Twelve O'Clock Knob Road) as it
traverses the residential area aforementioned.
The7welve O'Clock Knob community is no longer primarily a farming
area as it was at the time this road came into existence. It is a resi-
dential area. Many of the larger tracts of land have been subdivided, with
numerous homes now located thoughout the area, and more homes
constantly under construction. As is true of many of the secondary roads
serving our county and state, there has been no planning for the volume
of traffic which must now use Route 694.
2. Route 694 is a narrow, winding road with sharp dropoffs to the creek or
over the hillside as the road winds up to the top of the mountain from the
Back Creek area. Caution is required on this road, especially at curves
or when meeting another vehicle.
3. When school is in session, the school bus must make several trips over
this dangerous section of road and make stops where visibility is
limited.
4. With the increase in the number of residences and with additional
residences under construction, there has been an "explosion" in the
number of vehicles traveling this road. Add to that number the other
vehicles and large construction vehicles which use this road to service
existing homes or those under construction.
5. Past Tour DuPont races have brought attention to Route 694. More
people are aware that improvements were made in connection with the
races and are using it as a shortcut from Route 221 to Salem, especially
persons living in Floyd County and working in Salem. A number of
these commuters tend to drive at unsafe speeds through our area.
-2-
6. There are a number of children living in the area who ride their bicyles or
walk to the homes of their friends and must use Route 694. Area adults
who are brave enough to do so also use the road for jogging, walking,
and bike riding.
7. We have been told that posting a 35 -mile speed limit would encourage
persons to drive 35 on a road that was unsafe for that speed. It has been
our argument that not posting a speed limit encourages persons
to drive the normal speed limit of 55 -miles per hour. In fact, reliable
sources have informed us that many Roanoke County teenagers use
this very same argument for driving Twelve O'Clock Knob Road at 55
miles per hour.
8. The recent accident on Route 694 near the intersection of Country
Lane which involved a speeding automobile and a truck delivering
lumber to a building site on top of the mountain is only one of many
accidents which have occurred on this road in recent years. VDOT
made improvements to improve visibility at the curve where this
accident occurred within the past few years.
We petition you to take immediate action to establish, post, and enforce a speed
limit not in excess of 35 miles per hour through this residential community. We
freely share the beauty and tranquility of our area with those traveling Route
694, but we refuse to share our most valuable possessions in the process --our
lives and the lives of our loved ones.
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A -102296-4.b
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: October 22, 1996
AGENDA ITEM: Designation of a Voting Representative at the
Virginia Association of Counties (VACo) Annual
Meeting
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Association of Counties has scheduled their annual
conference for November 10 - 12, 1996. They have requested that
each county designate a representative of its Board of Supervisors
to cast its votes at the Annual Business Meeting on Tuesday,
November 12. The voting credentials form must be submitted to VACo
by November 1, 1996.
Supervisor Spike Harrison has indicated that he will be attending
the VACo Conference, and is the only Board member who will attend
this year.
It is recommended that the Board of Supervisors designate
Supervisor Spike Harrison to cast its votes at the VACo Annual
Business Meeting on Tuesday, November 12.
Submitted by:
<al-1.A.�
Mary H. Allen
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Approved by:
Elmer C. Hod -§e
County Administrator
ACTION
Motion by: Harry C. Nickens to
approve
VOTE
No Yes Abs
Eddy x
Harrison x
Johnson x
Minnix x
Nickens x
cc: File
James D. Campbell, Executive Director, VACo
O� ROANp,��
z t'�
z
1838
COUNTY ADMINISTRATOR
ELMER C. HODGE
(540) 772-2004
C�aUU#-V of �ia�xx�o�kP
P.O. BOX 29800
5204 BERNARD DRIVE
ROANOKE, VIRGINIA 24018-0798
FAX (540) 772-2193
October 23, 1996
Mr. James D. Campbell
Executive Director
Virginia Association of counties
1001 East Broad Street
Richmond, VA 23219
Dear Mr. Campbell:
BOARD OF SUPERVISORS
BOB L. JOHNSON, CHAIRMAN
HOLLINS MAGISTERIAL DISTRICT
HARRY C. NICKENS, VICE-CHAIRMAN
VINTON MAGISTERIAL DISTRICT
LEE B. EDDY
WINDSOR HILLS MAGISTERIAL DISTRICT
FENTON F. "SPIKE" HARRISON, JR.
CATAWBA MAGISTERIAL DISTRICT
H. ODELL "FUZZY" MINNIX
CAVE SPRING MAGISTERIAL DISTRICT
(540) 772-2005
Attached is the VACo 1996 Annual Meeting Voting Credentials Form
designating Supervisor Fenton F. "Spike" Harrison as Roanoke County's voting
delegate.
This designation was approved by the Board of Supervisors at their meeting
on Tuesday, October 22, 1996.
If you need further information, please do not hesitate to contact me.
Sincerely,
-;4v • e2�zL-c..`
Mary H. Allen, CMC
Clerk to the Board of Supervisors
bjh
cc: The Honorable Fenton F. Harrison
0 Recycled Paper
VACo 1996 Annual Meeting
Voting Credentials Form
Voting Delegate: �.••
(Supervisor)
Name_ Fenton F. "Spike" Harrison
Title Supervisor
Locality Roanoke County Board of Supervisors
Alternate Delegate:
(Supervisor)
Name
Title
Locality
Certified by:
(Clerk of the Board)
Name
Title
Locality
Mary H. Allen
Clerk to the Board
Roanoke County
---------------------------------------------------------------------------------
VACo 1996 Annual Meeting
Proxy Statement
County authorizes the following person to cast its vote at the 1996
Annual Meeting of the Virginia Association of Counties on November 12, 1996.
a non -elected official of this county.
-OR- , -
a supervisor from
�s authorization is:
Uninstructed. The proxy may use his/her discretion to cast County's
votes on any issue to come before the annual meeting.
❑ Instructed. The proxy is limited in how he/she may cast County's votes.
The issues on which he/she may cast those votes and how he/she should vote are:
(List issues and instructions on the back of this form)
County.
Certified by: Name
Title
Locality
r
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 22ND DAY OF OCTOBER, 1996, ADOPTED THE FOLLOWING:
RESOLUTION 102296-4.c REQUESTING ACCEPTANCE OF PREARNESS
COURT AND A PORTION OF DERBY DRIVE INTO THE VIRGINIA
DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form
SR -5(a), fully incorporated herein by reference, are shown on plats
recorded in the Clerk's Office of the Circuit Court of Roanoke
County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets described
on the attached Additions Form SR -5(A) to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements and
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
Nays: None
A Copy Teste:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
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PROPOSED ADDITION SHOWN IN GRAY
DESCRIPTION:
1) Derby Drive, from the intersection of Carson Road (Rt. 758),
to the intersection of
Preakness
Court.
2) Preakness Court, from
the
intersection of
Derby
Drive to its
cul-de-sac.
LENGTH: (1)
0.08
MILES
(2)
0.10
MILES
RIGHT OF WAY: (1)
50
FEET
(2)
50
FEET
ROADWAY WIDTH: (1)
38
FEET
(2)
38
FEET
SERVICE: (1)
5
HOMES
(2)
7
HOMES
ROANOKE COUNTY ACCEPTANCE OF PREAKNESS COURT AND A PORTION OF
ENGINEERING & DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF
INSPECTIONS DEPARTMENT TRANSPORTATION SECONDARY SYSTEM.
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A -102296-4.d
ACTION NO.
ITEM NO. L-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 22, 1996
AGENDA ITEM: Donation of a water line easement from Everette N. and Dana M.
Hartwell (Red Lane Extension), to the Board of Supervisors of
Roanoke County
COUNTY ADMINISTRATOR'S COMMENTS -
SUMMARY OF INFORMATION:
This consent agenda item involves acceptance of a 10' water line easement granted
to the Board of Supervisors from Everette N. and Dana M. Hartwell, husband and wife,
across Lot 5, Section 7, 2nd Division of B & O Land Company, (Tax Map No. 35.04-3-48),
located on Red Lane Extension in the Catawba Magisterial District of the County of
Roanoke and as shown on a plat prepared by the Roanoke County Engineering Department
dated April 9, 1996, a copy of which is attached hereto.
The location and dimensions of this property have been reviewed and approved by
the County's engineering and utility department staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of this easement.
Respectfully submitted,
�JAJV. W/jj'/J/W'1jW j
Vi kie . Huffma
Assistant County Attorne
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Harry C. Nickens to
approve
cc: File
Vickie L. Huffman, Assistant County
Gary Robertson, Director, Utility
Arnold Covey, Director, Engineering
Z_s
Attorney
& Inspections
VOTE
No Yes Abs
Eddy
x
Harrison
x
Johnson
x
Minnix
x
Nickens
x
Attorney
& Inspections
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
AN ACCURATE BOUNDARY SURVEY.
TAXMAP NO. 35.04-3-37
100.00 '
N 34.1 '00" W
I
PROPOSED 10 FT
WATERLINE EASEMENT
PROPERTY OF
o N HARTWELL, EVERETTE N.
ori cn TAXMAP NO. 35.04-3-48 TAXMAP NO. 35.04-3-50
oM o cn
o DB. 1--368 PG. 969
z O LOT 5 o
N LOT 6
a I
m
x
100100'
N 34'49'50" W
RED LANE EXTENSION
TAX MAP NO. -35'04-3-48 _SCALE:—.,=30'
1
PLAT SHOWING PROPOSED 10 FT WATERLINE
EASEMENT BEING CONVEYED TO ROANOKE
COUNTY BY EVERETTE N. HARTWELL
PREPARED BY- ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 04-09-96
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 22ND DAY OF OCTOBER, 1996, ADOPTED THE FOLLOWING:
RESOLUTION 102296-4.e REQUESTING ACCEPTANCE OF LONGVIEW
ROAD, AN EXTENSION OF EXISTING LONGVIEW ROAD (SR739)1
PLATTED UNDER THE "STRAWBERRY MOUNTAIN SUBDIVISION
SECTION #1" INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form
SR -5(a), fully incorporated herein by reference, are shown on plats
recorded in the Clerk's Office of the Circuit Court of Roanoke
County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets described
on the attached Additions Form SR -5(A) to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
Nays: None
A Copy Teste:
Tom'
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
NORTH
ROANOKE COUNTY
ENGINEERING & STREET ACCEPTANCE FOR STRAWBERRY MOUNTAIN SIIBDIVISION
INSPECTIONS DEPARTMENT
Form SR -5
%ITMM197"
SECONDARY ROADS DIV.
Date: October 22 1996
County: Roanoke
MagDistr:. Winrlgnr Nilig
Secondary Roads Div. Use Only
Route No:
Effective Date:
Report/Recommendation for Change in Secondary System of State Highways
Type and Authority for This Proposed Change ❑ Project Addition (Sec. 33.1-229)
New Subdivision Street (Sec. 33.1-229) ❑ Discontinuance (Sec. 33.1-150)
❑ Rural Addition (CTB/RAP & Sec. 33.1-229) ❑ Abandonment (Sec. 33.1-151)
❑ Rural Addition (Sec. 33.1-72.1) ❑ Abandonment (Project relocation, Sec. 33.1-155)
❑ Town Addition (Sec. 33.1-79 or Sec. 33.1-82)
Subdivision/ProjectNo Strawberry Mountain Subdivision, Section 1
Street or Road Name Longview Road Length 0.41 (miles)
Termini From: 0.80 Miles W of the Inters of SR 690 (Roselawn) & SR739
To: 1.27 Miles W of the Inters of SR 690_(Roselawn) & SR 739 to a cul—de—sac
Right of Way Width C; Ft, Date Recorded: �?_ Deed Book Page 67
Public Service Provided: 15+ (Number of occupied units of varied ownership / explanation of qualifying service)
Description of present section&condition:. Two lane, riirh K glit-tPr gartinn, lh5db/g of SM -9A
Describe work proposed & resulting section: None
Estimated Cost of Proposed Improvment S —(1—
and Source of Funding
❑ 100% VDOT Rural Addition Funds
$
❑ 50% VOOT Rural Addition & 50% County General Funds 2($
)_ $
❑ Cost Some by Speculative Interests and Secured by County
$
❑ Assessment or Contribution from Abutting Property Owners
$
❑ County Revenue Sharing Funds
$
❑ State Revenue Sharing Match (Fiscal Year
) $
❑ Other (
) S
Total Funding (must equal estimated cost of proposed improvement)
$
Remarks:
Recommendation ❑ Accept❑ Abandon Discontinue
Resident Engineer Date
Secondary Roads Engineer Date
Approved:
District Administrator Date
Commissioner Date
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THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 22ND DAY OF OCTOBER, 1996, ADOPTED THE FOLLOWING:
RESOLUTION 102296-4.f REQUESTING ACCEPTANCE OF STRAWBERRY
MOUNTAIN DRIVE, AND SUNBERRY CIRCLE FROM THE INTERSECTION
OF LONGVIEW ROAD (SR739) PLATTED UNDER THE "STRAWBERRY
MOUNTAIN SUBDIVISION, SECTION #1 AND #2, INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Additions Form
SR -5(a), fully incorporated herein by reference, are shown on plats
recorded in the Clerk's Office of the Circuit Court of Roanoke
County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets described
on the attached Additions Form SR -5(A) to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements and
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Nickens
Seconded By: None Required
Yeas: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
Nays: None
cc: File
A Copy Teste:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
Arnold Covey, Director, Engineering & Inspections
Virginia Department of Transportation
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PROPOSED ADDITIONS SHOWN IN GRAY
DESCRIPTIONS:
1) Strawberry Mountain Drive:
From the intersection of Longview
Road to a cul-de-sac.
LENGTH: (1)
0.40
MILES
RIGHT OF WAY: (1)-
50
FEET
ROADWAY WIDTH: (1)
30
FEET
SERVICE: (1)
16
HOMES
2) Sunberry Circle: From
the intersection
of Strawberry Mountain
Drive to a cul-de-sac.
LENGTH: (1)
0.13
MILES
RIGHT OF WAY: (1)
50
FEET
ROADWAY WIDTH: (1)
30
FEET
SERVICE: (1)
7
HOMES
ROANOKE COUNTY
ENGINEERING & STREET ACCEPTANCE FOR STRAWBERRY *40UNTAIN SI]BDIVISION
INSPECTIONS DEPARTMENT
Form SR -5
``<<<11 M 1`7LJ
SECONDARY ROADS DIV.
Date: October 22, 1996
County: Roanoke
Mag Distr: Windsor Hills
4-7
Secondary Roads Div. Use Only
Route No:
Effective Date:
Report/Recommendation for Change in Secondary System of State Highways
Type and Authority for This Proposed Change ❑ Project Addition (Sec. 33.1-229)
New Subdivision Street (Sec. 33.1-229) ❑ Discontinuance (Sec. 33.1-150)
❑ Rural Addition (CTB/RAP & Sec. 33.1-229) ❑ Abandonment (Sec. 33.1-151)
❑ Rural Addition (Sec. 33.1-72.1) ❑ Abandonment (Project relocation, Sec. 33.1.155)
❑ Town Addition (Sec. 33.1-79 or Sec. 33.1-82)
Subdivision/ProjectNo Strawberry Mountain Subdivision
Street or Road Name Strawberry Mn,tntaiT, r;r Length 0,53 (miles)
Termini From: 1 94 Milar iii of lP.t:e s e€ _2R_ 689 & 739
TO:—] 67 mi 1 PS NW of SR 739 t -n tT.Tr)rill –Aa–Sara
Right of Way Width 50 Ft, Date Recorded: 3 /3 /90 p j at - Book 12 Page 87
Public Service Provided: 23 (Number of occupied units of varied ownership / explanation of qualifying service)
Description of present section & condition:. Urbsn SPrt i nn of pavement
Describe work proposed & resulting section:
Estimated Cost of Proposed Improvment S –0–
and Source of Funding
❑ 100% VDOT Rural Addition Funds
$
❑ 50% VDOT Rural Addition &50% County General Funds 2($
)_ $
❑ Cost Some by Speculative Interests and Secured by County
$
❑ Assessment or Contribution from Abutting Property Owners
$
❑ County Revenue Sharing Funds
$
❑ State Revenue Sharing Match (Fiscal Year
) $
❑ Other (
) $
Total Funding (must equal estimated cost of proposed improvement)
$
Remarks:
Recommendation ❑ Accept ❑ Abandon ❑ Discontinue
Resident Engineer Date Secondary Roads Engineer Date
Approved:
District Administrator Date Commissioner Date
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A -102296-4.g
ACTION #
ITEM NUMBER L`
MEETING DATE: October 22, 1996
AGENDA ITEM: Request from the School Board for appropriation of
$789,400 to purchase technology equipment to be
funded by grant by the Department of Education.
COUNTY ADMINISTRATOR'S COMMENTS:
It is my understanding that this does not constitute a request for an
advance of funds by the Board of Supervisors. Recommend approval.
BACKGROUND: The 1996 Virginia General Assembly approved funding to
be allocated by the Virginia Board of Education to each school
division for technology equipment. Roanoke County's portion of the
grant is $789,400 to be received after the Commonwealth's bond sale
in May 1997. It is the desire of the Roanoke County School Board
to purchase with grant funding computer and networking equipment
for each of its twenty-eight schools. Inasmuch as the funding will
not be received from the state until after the May bond sale, the
school board is requesting that an appropriation be made to the
school grant fund, along with an offsetting revenue appropriation,
which would allow immediate purchase of equipment.
FISCAL IMPACT: No local matching required. There will be a
recognition of grant revenues of $789,400 and an appropriation for
technology equipment of the same amount.
STAFF RECOMMENDATION: Staff recommends appropriating to the School
Grant Fund $789,400 as school grant revenues and as grant
expenditures for technology equipment.
Jan James, ssociate Director Elmer C. Hodge
of Instructional Technology County Administrator
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
Motion by: Harry C. Nickens to
.approve
VOTE
No Yes Abs
Eddy x
Harrison x
Johnson x
Minnix x
Nickens x
cc: File
Dr. Deanna Gordon, Superintendent of Schools
Diane D. Hyatt, Director, Finance
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY
MEETING IN REGULAR SESSION AT 6:05 P.M. ON OCTOBER 10, 1996 IN
THE BOARD ROOM OF THE ROANOKE COUNTY SCHOOLS ADMINISTRATIVE
OFFICES.
RESOLUTION OF THE SCHOOL BOARD OF ROANOKE COUNTY
DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM
THE PROCEEDS OF ONE OR MORE GRANTS MADE BY THE
COMMONWEALTH OF VIRGINIA FOR CERTAIN EXPENDITURES
TO BE MADE IN CONNECTION WITH THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL
IMPROVEMENTS
WHEREAS, Roanoke County Public Schools (the "Division") is a
political subdivision organized and existing under the laws of
the State of Virginia; and
WHEREAS, the Division will pay, after the date hereof,
certain expenditures (the"Expenditures") in connection with the
acquisition, construction and/or equipping of classroom computers
and networking (the "Project"), as more fully described in
Appendix A attached hereto; and
WHEREAS, the Roanoke County School Board of -the Division
(the "Board") has determined that the money to be advanced on and
after the date hereof to pay the Expenditures are available only
for a temporary period and it is necessary to reimburse the
Division for the Expenditures from the proceeds of one or more
grants to be made by the Commonwealth of Virginia (the "Grants")
from the proceeds of its tax exempt equipment notes (the Notes");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
Section 1. The Board hereby declares the Division's intent
to reimburse the Division with the proceeds of the Grants for the
Expenditures with respect to the Project made on and after
November 1, 1996. The Division reasonably expects on the date
hereof that it will reimburse the Expenditures with the proceeds
of the Grants.
Section 2. Each Expenditure will be of a type properly
chargeable to capital account under general federal income tax
principles (determined in each case as of the date of the
Expenditure).
Section 3. The maximum cost of the Project is expected to
be $789,400.
Z-4
Section4. The Division will make a reimbursement
allocation, which is a written allocation by the Division that
evidences the Division's use of proceeds of the Grants to
reimburse an Expenditure, no later than 18 months after the later
of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three
years after the date on which the Expenditure is paid. The
Division recognizes that exceptions are available for certain
"preliminary expenditures," costs of issuance, certain de minimis
amounts, expenditures by "small issuers" (based on the year of
issuance and not the year of expenditure) and expenditures for
construction projects of at least 5 years.
Section 5. This resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED this tenth day of October, 1996.
Adopted on motion of Mr. Stovall, seconded by
Mr. Canada and on the following recorded vote:
AYES: Jerry L. Canada, William A. Irvin, III, Marion G.
Roark, Michael W. Stovall and Thomas A.Leggette.
NAYS: None
TESTE:
Z- , Clerk
c: Mrs. Penny Hodge
Mrs. Diane Hyatt
File
L- El
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY
MEETING IN REGULAR SESSION AT 7 P.M. ON SEPTEMBER 25, 1996 IN THE
BOARD ROOM OF THE ROANOKE COUNTY SCHOOLS ADMINISTRATIVE OFFICES
RESOLUTION REQUESTING AN APPROPRIATION BY THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY WHICH
WILL ENABLE THE COUNTY SCHOOL BOARD OF ROANOKE
COUNTY TO PURCHASE TECHNOLOGY EQUIPMENT.
WHEREAS, the County School Board of Roanoke County has
received a grant of $789,400 from the Virginia Department of
Education as its portion of funding approved by the 1996 General
Assembly for technology equipment, and
WHEREAS, said school board will expend the grant funds
for computers and networking equipment for each of the twenty-eight
schools in the division, and
WHEREAS, it is the desire of the school board to purchase
equipment to enhance technology instruction within the classroom
during the current school year, and
WHEREAS, the grant funding will not be received by the
school division until after bond notes are sold in May 1997;
THEREFORE, BE IT RESOLVED, that the County School Board
of Roanoke County requests an appropriation of $789,400 to the
School Grant Fund which would allow the timely purchase of
equipment prior to May 1997.
Adopted on motion of Mr. Stovall, seconded by Mrs. Roark
and on the following recorded vote:
AYES: Jerry L. Canada, William A. Irvin, III, Marion
G. Roark, Michael W. Stovall, Thomas A. Leggette
NAYS: None
TESTE:
Clerk
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 22, 1996
RESOLUTION 102296-5 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 Nickens to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
./-'
Mary H. Allen, 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, OCTOBER 22, 1996
RESOLUTION 102296-6 AUTHORIZING AN APPEAL FROM THE
DECISION OF THE VIRGINIA COMPENSATION BOARD AND
APPROPRIATING $20,000 TO RETAIN OUTSIDE COUNSEL TO
REPRESENT SHERIFF GERALD S. HOLT AND ROANOKE COUNTY IN
SAID APPEAL
WHEREAS, the Virginia Compensation Board reduced the staffing
levels of the Roanoke County Sheriff's Office by 6.4% for Fiscal
Year 1996-97; and
WHEREAS, the Compensation Board used inaccurate data in inmate
population in their assessment of staffing needs study of the
Sheriff's Office; and
WHEREAS, the Compensation Board failed to accurately assess
the safety and security needs for the Roanoke County Courthouse;
and
WHEREAS, upon appeal through the administrative process by
Sheriff Gerald S. Holt and Roanoke County, the Compensation Board
elected not to reinstate the staff positions cut for Fiscal Year
1996-97.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board of Supervisors authorizes the commencement
of appropriate legal proceedings to appeal the decision of the
Compensation Board; and
2. That the sum of $20,000 is hereby appropriated from the
Board Contingency Fund Unappropriated Balance to retain outside
legal counsel to assist the Sheriff and the County in this appeal.
1
On motion of Supervisor Nickens to adopt the resolution, and
appropriate $20,000 from the Board Contingency Fund instead of
Unappropriated Balance, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
'7''Z.a.�� 147
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Gerald S. Holt, Sheriff
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 22, 1996
RESOLUTION 102296-7 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE AND
SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REVENUE
BOND, SERIES 1996, IN THE MAXIMUM PRINCIPAL AMOUNT OF UP
TO $13,100,000, AND SETTING FORTH THE FORM, DETAILS AND
PROVISIONS FOR PAYMENT THEREOF
RECITALS
A. The Board of Supervisors of the County of Roanoke,
Virginia (the "Board"), has determined that it is necessary to
finance the County of Roanoke, Virginia's (the "County") portion of
the upgrade and improvements to the Roanoke regional wastewater
treatment facility and the County's share of improvements to the
Tinker Creek and Roanoke River interceptors (the "Project"), and
that it is necessary and expedient to borrow up to $13,100,000 and
to issue the bond of the County to provide funds to pay the costs
of the Project.
B. The Board has also determined to secure such bond by a
pledge of the County's sewer system revenues.
C. On October 22, 1996, the Board held a public hearing on
the issuance of such bond in accordance with the requirements of
Section 15.1-227.8 of the Code of Virginia of 1950, as amended (the
"Virginia Code").
D. The Board has determined to sell such bond to the
Virginia Water Facilities Revolving Loan Fund (the "Fund") pursuant
to the terms of the Financing Agreement (as defined below).
E. The latest draft of the Financing Agreement, to be dated
such date as will be specified by the Fund (the "Financing
Agreement"), between the County and the Fund (acting by and through
the Virginia Resources Authority) is on file with the County
Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA, THAT:
1. Election to Proceed Under Public Finance Act of 1991.
The Board hereby elects to issue the Bond (as defined below) under
the provisions of the Public Finance Act of 1991, Chapter 5.1 of
Title 15.1 of the Virginia Code, as amended (the "Public Finance
Act") without regard to the requirements, restrictions or other
provisions contained in the Charter of the County.
1
2. Authorization of Bond and Use of Proceeds. The Board
hereby determines that it is advisable to contract a debt and to
issue a bond (the "Bond") of the County in the maximum principal
amount of up to $13,100,000, and to sell the Bond to the Fund, all
pursuant to the terms of this Resolution, the Public Finance Act
and the Financing Agreement. The issuance and sale of the Bond
upon such terms are hereby authorized and approved. The Bond shall
be known as the "County of Roanoke, Virginia, Sewer Revenue Bond,
Series 1996." The proceeds from the issuance and sale of the Bond
shall be used, together with other available funds, to pay the
costs of the Project.
3. Details of Bond. The Bond shall be issued as a single
bond in fully registered form and shall be dated the date of its
issuance and delivery. The County Administrator is authorized and
directed to determine and approve all of the other final details of
the Bond, including without limitation, the maximum principal
amount authorized to be advanced thereunder, the interest rate, the
maturity or payment dates and amounts and the final maturity date;
provided, however, that (i) the maximum principal amount authorized
to be advanced under the Bond shall not exceed $13,100,000, (ii)
the interest rate on the Bond shall not exceed six percent (6%) per
annum, (iii) the Bond shall have a substantially level maturity or
payment schedule from and after the date on which the first payment
of principal is due thereunder, and (iv) the final maturity date of
the Bond shall be approximately twenty (20) years after the final
advance of money under the agreement. The County Administrator's
approval of such details shall be evidenced conclusively by the due
execution and delivery to the Fund of the Bond on the County's
behalf.
4. Pledge of Revenues. The Bond shall be a limited
obligation of the County and, except to the extent payable from the
proceeds of the sale of the Bond or the income, if any, derived
from the investment thereof, is payable exclusively from the
revenues of the County's sewer system, which the County hereby
pledges to the payment of the principal of the Bond pursuant to the
terms of the Financing Agreement. Neither the Commonwealth of
Virginia nor any of its political subdivisions, including the
County, shall be obligated to pay the principal of the Bond or
other costs incident to it except from the revenues and any other
money or property pledged for such purpose, and neither the faith
and credit nor the taxing power of the Commonwealth of Virginia or
any of its political subdivisions, including the County, is pledged
to the payment of the principal of the Bond or other costs incident
to it. The issuance of the Bond does not directly, indirectly or
contingently obligate the Commonwealth of Virginia or any of its
political subdivisions, including the County, to levy any taxes for
the payment of the Bond.
2
5. Form of Bond. The Bond shall be in substantially the
form attached as Exhibit A to this Resolution, with such
variations, insertions or deletions as may be approved by the
Chairman of the Board (the "Chairman") whose approval shall be
evidenced by his execution of the Bond on the County's behalf.
There may be endorsed on the Bond such legend or text as may be
necessary or appropriate to conform to any applicable rules and
regulations of any governmental authority or any usage or
requirement of law with respect thereto.
6. Redemption of Bond. The Bond shall be subject to
optional redemption at the direction of the Board, without penalty
or premium, in whole or in part, at any time, upon the terms set
forth in the Bond and the Financing Agreement.
7. Execution and Delivery of Bond. The Chairman is
authorized and directed to take all proper steps to prepare and to
execute an appropriate negotiable Bond. The Clerk of the Board
(the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk")
are authorized and directed to affix the seal of the County to the
executed Bond and to attest it and then to deliver the Bond to the
Director of Finance. The Director of Finance shall deliver the
Bond or cause the Bond to be delivered to the Fund upon payment of
the first principal advance thereunder. The Fund's Authorized
Representative shall enter the amount and date of each principal
advance as provided in the Certificate of Advances attached to the
Bond when the proceeds of such advance are delivered to the County.
The Chairman, the Clerk or Deputy Clerk and the County
Administrator are further authorized and directed to agree to and
to comply with any and all further conditions and requirements of
the Fund not inconsistent with this Resolution in connection with
the Fund's purchase of the Bond.
8. Temporary Typewritten Bond. The County shall initially
issue the Bond as a single bond in typewritten form. If the Bond
is in typewritten form, upon the written request of the registered
owner of the Bond and upon surrender of the Bond in typewritten
form, the Board shall promptly cause the preparation, execution and
delivery to such registered owner of a bond in printed form of the
same maturity and for the same principal amount as the typewritten
Bond or, at the option of the registered owner, bonds in printed
form in denominations of $5,000 or multiples thereof (except for
one bond which may be issued in an odd denomination of not less
than $5,000) in an aggregate amount equal to the unpaid principal
amount of the Bond. Appropriate variations, omissions and
insertions may be made in the Bond to facilitate printing.
9. Registration, Transfer and Exchange. The Board hereby
appoints the Director of Finance as its registrar and transfer
agent to keep books for the registration and transfer of the Bond
(and any printed bond or bonds issued in substitution therefor
3
under Section 8 above) and to make such registrations and transfers
on such books under such reasonable regulations as the Board may
prescribe.
Upon surrender for transfer or exchange of the Bond (or any
printed Bond issued in substitution therefor) at the office of the
Director of Finance, the Board shall cause the execution and
delivery in the name of the transferees or registered owner, as
applicable, a new Bond for a principal amount equal to the Bond
surrendered and of the same date and tenor as the Bond surrendered,
subject in each case to such reasonable regulations as the Board
may prescribe. If surrendered for transfer, exchange, redemption
or payment, the Bond shall be accompanied by a written instrument
or instruments of transfer or authorization for exchange, in form
and substance reasonably satisfactory to the Director of Finance,
duly executed by the registered owner or by his or her duly
authorized attorney-in-fact or legal representative.
A new Bond (or printed bond) delivered upon any transfer or
exchange shall be a valid limited obligation of the County,
evidencing the same debt as the Bond surrendered and shall be
entitled to all of the security and benefits of this Resolution to
the same extent as the Bond surrendered.
The Director of Finance shall treat the registered owner of
the -Bond (or any printed bond issued in substitution therefor) as
the person or entity exclusively entitled to payment and the
exercise of all other rights and powers of the owner, except that
principal and interest installments on the Bond (except for the
final principal and interest installment) shall be paid to the
person or entity shown as owner on the registration books
maintained by the Director of Finance on the fifteenth day of the
month preceding each installment payment date.
10. Charges for Exchange or Transfer. No charge shall be
made for any exchange or transfer of the Bond, but the Director of
Finance may require payment by the holder of the Bond of a sum
sufficient to cover any tax or any other governmental charge that
may be imposed in relation thereto.
11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond
(or any printed bond issued in substitution therefor) has been
mutilated, lost, stolen or destroyed, the County shall execute and
deliver a new Bond of like date and tenor in exchange and
substitution for, and upon delivery to the Director of Finance and
cancellation of, such mutilated Bond, or in lieu of and in
substitution for such lost, stolen or destroyed Bond; provided,
however, that the County shall execute, authenticate and deliver a
new Bond only if the registered owner thereof has paid the
reasonable expenses and charges of the County in connection
therewith and, in the case of a lost, stolen or destroyed Bond (i)
0
has filed with the Director of Finance evidence satisfactory to him
or her that such Bond was lost, stolen or destroyed and that the
holder of the Bond was the registered owner thereof and (ii) has
furnished to the County indemnity satisfactory to the Director of
Finance. If the Bond has matured, instead of issuing a new Bond,
the County may pay the same without surrender thereof upon receipt
of the aforesaid evidence and indemnity.
12. Approval of Financing Agreement. The Financing Agreement
is approved in substantially the form on file with the County
Administrator, with such changes, insertions or omissions as may be
approved by the Chairman, whose approval shall be evidenced
conclusively by the execution and delivery of the Financing
Agreement. The Chairman is authorized to execute and deliver the
Financing Agreement and such other documents and certificates as
such officer may consider necessary in connection therewith. The
County shall pay the late payment and other charges as provided in
the Financing Agreement, but solely from legally available and
appropriated funds.
13. Further Actions; Authorized Representative. The
Chairman, County Administrator and Director of Finance and such
officers and agents of the County as may be designated by any of
them are authorized and directed to take such further actions as
they deem necessary regarding the issuance and sale of the Bond and
the execution, delivery and performance of the Financing Agreement,
including, without limitation, the execution and delivery of
closing documents and certificates. All such actions previously
taken by such officers and agents are ratified and confirmed. The
County Administrator is designated the County's authorized
representative for purposes of the Financing Agreement.
14. Filing of Resolution. The County Attorney is authorized
and directed to file a certified copy of this Resolution with the
Circuit Court of Roanoke County, Virginia, pursuant to Sections
15.1-227.9 and -227.28 of the Virginia Code.
15. Repeal of Conflicting Resolutions. All resolutions or
parts thereof in conflict with this Resolution are repealed to the
extent they are inconsistent with this Resolution.
16. Effective Date. This Resolution shall take effect
immediately.
The undersigned Clerk of the Board of Supervisors of the
County of Roanoke, Virginia, certifies that the foregoing
constitutes a true, complete and correct copy of the Resolution
adopted at a regular meeting of the Board of Supervisors of the
County of Roanoke, Virginia, held on October 22, 1996.
5
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
cc: File
Diane D. Hyatt,
Gary Robertson,
Paul M. Mahoney,
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
Director, Finance
Director, Utility
County Attorney
101
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE, VIRGINIA
SEWER REVENUE BOND
SERIES 1996
No. R-1 $13,100,000
The COUNTY OF ROANOKE, VIRGINIA (the "County"), a political subdivision of the
Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay, to the
order of the Virginia Water Facilities Revolving Fund, Richmond, Virginia, acting by and through the
Virginia Resources Authority, or legal representative, the principal amount of THIRTEEN MILLION
ONE HUNDRED THOUSAND DOLLARS ($13,100,000), or such lesser principal amount as may be
advanced hereunder, as set forth below, together with interest thereon at the rate of FOUR AND THREE-
QUARTER PERCENT (4.75%) per annum, as set forth below.
The outstanding principal balance of this Bond shall bear interest from the date of each advance
of principal hereunder until payment of the entire principal amount hereof. Interest only on this Bond shall
be due and payable on , 1997. Commencing , 1997, and continuing semi-annually
thereafter on 1 and 1 in each year, through and including , 20_, the
principal of and interest on this Bond shall be payable in equal installments of $ , with a final
installment of $ due and payable on , 20_. Such semi-annual installments shall
continue, unless all amounts due under this Bond are sooner paid, until , 20_, when all
amounts due under this Bond shall be due and payable in full. Each installment shall be applied first to
the interest due and payable on this Bond and then to the principal. If principal advances up to
$13,100,000 are not made, the principal amount due hereunder shall not include such undisbursed amount.
However, unless the Borrower and the Virginia Resources Authority agree otherwise in writing, until all
amounts due hereunder shall have been paid in full, less than full disbursement of the maximum authorized
amount of this Local Bond shall not postpone the due date of any semiannual installment due hereunder,
or change the amount of such installment.
If any installment of principal of and interest on this Bond is not paid to the registered owner of
this Bond within ten days after its due date, the County shall pay to the registered owner of this Bond a
late payment charge in an amount equal to five percent (5.0%) of the overdue installment.
All amounts due under this Bond are payable in lawful money of the United States. Principal and
interest installments on the Bond shall be paid by check or draft mailed to the registered owner at the
registered owner's address as it appears on the registration books kept for that purpose by the Director of
Finance of the County (the "Director of Finance") on the fifteenth day of the month preceding the payment
date, except that the final principal and interest installment is payable upon presentation and surrender of
this Bond at the office of the Director of Finance.
—/
The principal balance of this Bond shall be equal to the sum of the amounts advanced by the
registered owner, as shown on the certificate of principal advances appearing at the end of this Bond, less
the aggregate amount of the payments and any prepayments of principal which may have been made on
this Bond. No notation is required to be made on this Bond of the payment or prepayment of principal.
HENCE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM
REMAINING OUTSTANDING AND DUE HEREUNDER.
This Bond has been duly authorized by the Board of Supervisors of the County of Roanoke,
Virginia, by a resolution adopted October 22, 1996 (the "Resolution"), and is issued for the purpose of
financing the Project (as defined in the Resolution). This Bond is a limited obligation of the County and
is payable solely from the revenues of the County's sewer system, which have been pledged thereto as
described in the Resolution and the Financing Agreement (as defined below). NEITHER THE
COMMONWEALTH OF VIRGINIA NOR ANY OF ITS POLITICAL SUBDIVISIONS,
INCLUDING THE COUNTY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR
INTEREST ON THIS BOND OR THE OTHER COSTS INCIDENT TO IT EXCEPT FROM THE
REVENUES AND ANY OTHER MONEY OR PROPERTY PLEDGED FOR SUCH PURPOSE,
AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS,
INCLUDING THE COUNTY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR
INTEREST ON THE BOND OR OTHER COSTS INCIDENT TO IT. THE ISSUANCE OF THIS
BOND DOES NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE THE
COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS,
INCLUDING THE COUNTY, TO LEVY ANY TAXES FOR THE PAYMENT OF THIS BOND.
This Bond is issued pursuant to the terms of the Resolution, the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1 of Title 15.1 of the
Code of Virginia of 1950, as amended, and the Financing Agreement dated as of November 1, 1996 (the
"Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund (the
"Fund"), acting by and through the Virginia Resources Authority, to evidence a loan by the Fund to the
County. The obligations of the County under this Bond shall terminate when all amounts due and to
become due pursuant to this Bond and the Financing Agreement have been paid in full.
The County may issue additional bonds ranking on a parity with this Bond with respect to the
pledge of the revenues of the County's sewer system under the terms of the Financing Agreement.
This Bond is subject to prepayment at the option of the County in whole or in part, without penalty,
at any time, upon not less than ten days written notice to the Virginia Resources Authority, in accordance
with the terms of the Financing Agreement.
If an Event of Default (as defined in the Financing Agreement) occurs, the principal of this Bond
may be declared immediately due and payable by the registered owner of this Bond by written notice to
the County.
Notwithstanding anything in this Bond to the contrary, in addition to the payments of principal
provided for by this Bond, the County shall also pay such additional amounts, if any, which
may be necessary to provide for payment in full of all late payments and other charges due under the
Financing Agreement, but only from legally available and appropriated funds.
S '!
This Bond may be transferred only by an assignment duly executed by the registered owner hereof
or such owner's attorney or legal representative in form satisfactory to the Director of Finance, as registrar.
Such transfer shall be made in the registration books kept by the Director of Finance, as registrar, upon
presentation and surrender hereof.
It is hereby certified and recited that all acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance
of this Bond have happened, exist or been performed in due time, form and manner as so required and that
the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution
and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has
caused this Bond to be signed by the Chairman, the County's seal to be affixed and attested by the
signature of the Clerk of the Board and this Bond to be dated November_, 1996.
COUNTY OF ROANOKE, VIRGINIA
By:
Chairman
[SEAL] .
ATTEST:
Clerk of the Board,
County of Roanoke, Virginia
Certificate of Advances
j
The principal sum payable under this Bond, not to exceed $13,100,000, shall be an amount equal
to the aggregate of all principal advances noted hereunder. The aggregate amount of all principal advances
under this Bond shall be certified by an authorized representative of the registered owner of this Bond.
Amount Date Authorized Simature
$ , 1996
-10-
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE.)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and does hereby irrevocably constitute and appoint
attorney, to transfer said Bond on the books
kept for registration of said Bond, with full power of substitution in the premises.
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.)
M.'WWANCE\COMMON\BOARD\10-22-96.WPD October 17,1996
Registered Owner
(Notice: The signature above
must correspond with the name
of the Registered Owner as it
appears on the books kept for
registration of this Bond in
every particular, without
alteration or change.)
got
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 22, 1996
DENIAL OF ORDINANCE 102296-8 TO CHANGE THE
ZONING CLASSIFICATION OF A 3.253 -ACRE TRACT OF
REAL ESTATE LOCATED AT 3990 AND 4004
CHALLENGER AVENUE (A PORTION OF TAX MAP NO.
50.05-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT
FROM THE ZONING CLASSIFICATION OF C-1 TO THE
ZONING CLASSIFICATION OF C-2 WITH CONDITIONS
UPON THE APPLICATION OF ROBERT L. METZ
WHEREAS, the first reading of this ordinance was held on
September 24, 1996, and the second reading and public hearing were
held October 22, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on October 1, 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:
On motion of Supervisor Johnson to deny the rezoning, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
'y��, "I'V1 .
Mary H. Allen, 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
NORTH
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DEPARTi�:NT OF PLANNING
PND ZONING
•1.
ROBERT METZ
C-1- TO C=2
50.05-1-1,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 22, 1996
ORDINANCE 102296-9 TO CHANGE THE ZONING
CLASSIFICATION OF A 2.15 -ACRE TRACT OF REAL
ESTATE LOCATED AT THE CORNER OF PLANTATION
ROAD AND FRIENDSHIP LANE (TAX MAP NO. 18.18-2-
5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF C -2C WITH
CONDITIONS TO THE ZONING CLASSIFICATION OF C-
CC WITH AMENDED CONDITIONS UPON THE
APPLICATION OF JAY PATEL
WHEREAS, the first reading of this ordinance was held on
September 24, 1996, and the second reading and public hearing were
held October 22, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on October 1, 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 2.15 acres, as described herein, and located at
the corner of Plantation Road and Friendship Lane, (Tax Map Number
18.18-2-5) in the Hollins Magisterial District, is hereby changed
from the zoning classification of C -2C, General Commercial District
with conditions, to the zoning classification of C -2C, General
Commercial District with amended conditions.
2. That this action is taken upon the application of Jay
Patel.
3. That the voluntarily proffered conditions accepted by the
1
Board of Supervisors in the October 1991 rezoning, are hereby
amended by the owner of the property, in writing, and accepted by
the Board of Supervisors as follows:
(1) The rezoning request from B-3 to B -2; -:;`::;;;:::commercial
................... .............:::.
................
is for the purpose of constructing asin 11 two story e-s'a
hotel/motel (approximately 50-80 rooms), designed and franchised by
the Hampton Inn Corporation, or some other similar hotel/motel
chain.
(2) Applicant agrees to construct this building in accordance
BEGINNING at a monument where the north line of Virginia
Secondary Route 1895 intersects with the east line of
Plantation Road (Virginia Highway No. 115); thence with the
east line of Plantation Road, N. 21 deg. 14' W. 233.54 feet to
a monument; thence N. 15 deg. 27' 30" W. 359.65 feet to an
iron pin, passing a monument which is S. 20 deg. 33' E. 4.33
feet from the said iron pin; thence with the line of a fence
S. 47 deg. 52' E. 597.40 feet to an iron pin on the north side
of Virginia Secondary Highway No. 1895, thence with the north
line of Virginia Secondary Highway No. 1895, S. 57 deg. 18' W.
310.24 feet to the point and place of beginning, containing
2.15 acres.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
6
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed. The Zoning Administrator is
directed to amend the zoning district map to reflect the change in
zoning classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, 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
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 22, 1996
ORDINANCE 102296-10 TO CHANGE THE ZONING
CLASSIFICATION OF A 4.068 -ACRE TRACT OF REAL
ESTATE LOCATED ON THE WEST SIDE OF OLD CAVE
SPRING ROAD AND THE SOUTH SIDE OF CAVE SPRING
LANE (TAX MAP NOS. 76.20-9-9; 10; 11; 12) IN
THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF R-1 TO THE ZONING
CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE
APPLICATION OF JEFFREY MARONIC, INC.
WHEREAS, the first reading of this ordinance was held on
August 27, 1996, and the second reading and public hearing were
held October 22, 1996; and
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on October 1, 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 4.068 acres, as described herein, and located on
the west side of Old Cave Spring Road and the south side of Cave
Spring Lane (Tax Map Numbers 76.20-9-1; 2; 3; 4; 5; 6; 7; 8; 9; 10;
11; and 12) in the Windsor Hills Magisterial District, is hereby
changed from the zoning classification of R-1, Low Density
Residential District, to the zoning classification of R-3, Medium
Density Multi -Family Residential District with conditions.
2. That this action is taken upon the application of Jeffrey
Maronic, Inc.
1
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
(1) The subject area will be developed in accordance with the
approved plan of Farmington Place Subdivision, bearing
revised date of 11/27/95, with the exception that:
(a) The access easement across Lots 1 and 9 will be
eliminated, and
(b) Lots 9 and 10 will be served by the same private
road currently serving Lots 11 and 121 and the
storm water detention pond.
(2) The Homeowner's Association, which has been established
to provide for the maintenance of the private road
serving Lots 11 and 12, and the storm water management
area, will be responsible for the entire length of said
roadway, as it serves Lots 9, 10, 11, and 12.
(3) The proposed private road will not be built to state
standards.
(4) The proposed development will continue to be built to the
same standards as the existing homes. They will be
similar in quality and size as the existing homes, with
a minimum square footage of 1,400 square feet.
(5) The proposed road will not be extended, and will serve
only Lots 9, 10, 11, 12, as said lots are designated on
the Plat of Farmington Place dated September 8, 1995, and
approved by Roanoke County on November 3, 1995.
(6) The proposed road serving Lots 9, 10, 11, and 12 is
E
private and its maintenance, including snow removal,
shall not be a public responsibility. It shall not be
eligible for acceptance into the State Secondary System
for maintenance until such time as it is constructed and
otherwise complies with all requirements of the Virginia
Department of Transportation for the addition of
subdivision streets current at the time of such request.
Any costs required to cause this street to become
eligible for addition to the State system shall be
provided with funds other than those administered by the
Virginia Department of Transportation.
4. That said real estate is more fully described as follows:
BEGINNING at a point on the westerly side of Old Cave Spring
Road (Route 1663) and the southerly side of Cave Spring Lane
(Route 1652) as it intersects; thence with the westerly line
of Old Cave Spring Road and with a curve to the left with a
chord bearing and distance of S. 10 deg. 12' 00" W. 246.29
feet and an arc distance of 246.59 feet to a point; thence S.
05 deg. 21' 11" W. 111.38 feet to a point on the northerly
line of property now or formerly of William Hancock (Tax No.
76.20-3-6); thence leaving Old Cave Spring Road and with
Hancock line S. 80 deg. 15' 00" W. 359.02 feet to a post;
thence S. 10 deg. 41' 21" E. 96.78 feet to a point; thence S.
72 deg. 04' 31" W. 50.39 feet to a point on the easterly line
of property now or formerly of R. J. Birkenmaier (Tax No.
76.20-3-9); thence with the Birkenmaier line N. 32 deg. 00'
00" W. 293.56 feet to a point on the southerly line of
property now or formerly of J. S. Maronic (Tax No. 76.20-3-8);
thence with the Maronic line N. 78 deg. 20' 00" E. 52.30 feet
to a point; thence N. 11 deg. 12' 30" W. 137.87 feet to a
point on the southerly side of Cave Spring Lane (Route 1652);
thence with Cave Spring Lane N. 79 deg. 47' 08" E. 89.54 feet
to a point; thence N. 75 deg. 43' 30" E. 472.02 feet to a
point; thence S. 84 deg. 18' 49" E. 23.53 feet to the point
and place of beginning, and containing 4.068 acres as shown on
a survey for Jeffrey S. Maronic and Laura J. Maronic dated
December 27, 1993 and made by Balzer & Associates, Engineers
and Surveyors.
5. That this ordinance shall be in full force and effect
3
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 Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Johnson
NAYS: Supervisors Harrison, Nickens
A COPY TESTE:
Mary H. Allen, 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
4
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DEPARTM= OF PIAN�G JEFFREY MARON I C INC.
AND ZONING R-.1. TO R-3
- 76.20-9-1 THRU 12
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 22, 1996
ORDINANCE 102296-11 DECLARING A 0.488 -ACRE TRACT OF LAND,
LOCATED AT THE INTERSECTION OF VALLEYPOINTE PARKWAY AND
CONCOURSE DRIVE IN THE VALLEYPOINTE INDUSTRIAL PARK, AS
SURPLUS REAL ESTATE AND DONATING SAID PROPERTY TO OPTICAL
CABLE CORPORATION
WHEREAS, by deed dated August 8, 1988, recorded in Deed Book
1290, Page 769, and re-recorded in Deed Book 1292, Page 987, and by
deed of correction dated February 28, 1989, and recorded in Deed
Book 1301, Page 1156, in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, the Board of Supervisors of Roanoke
County, Virginia, acquired from the Roanoke Regional Airport
Commission a parcel of land containing approximately 8 acres in
connection with the creation and construction of Valleypointe
Parkway; and,
WHEREAS, upon completion of the project, several small parcels
of land remained titled to the Board of Supervisors, including that
certain parcel containing .488 acre, located at the intersection of
Valleypointe Parkway and North Concourse Drive in the Valleypointe
Industrial Park, said parcel being more particularly shown on 'Plat
of Survey Showing the Subdivision and Dedication of the Property of
the Board of Supervisors of Roanoke County' dated May 10, 1990, and
recorded in the aforesaid Clerk's Office in Plat Book 12, Page 133;
and,
WHEREAS, said parcel adjoins an 11.238 -acre tract of land,
designated as "NEW TRACT 3E -1A" on plat dated August 19, 1996, and
recorded in the aforesaid Clerk's Office in Plat Book 19, Page 40,
recently acquired by Optical Cable Corporation for the proposed
expansion of the company; and,
WHEREAS, Optical Cable has requested that the above-described
.488 -acre parcel be granted to the corporation to assist in the
expansion as part of the economic development project; and,
WHEREAS, said parcel of land is subject to numerous use
restrictions and has no development potential as a separate parcel,
except for certain existing or proposed easements on the property,
and the County has no current or future use for the property except
in connection with this economic development project.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Roanoke County Charter, the acquisition and disposition of real
estate can be authorized only by ordinance. A first reading of
this ordinance was held on October 8, 1996; and a second reading
was held on October 22, 1996; and,
2. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the residual parcel of land containing
.488 acre, located at the intersection of Valleypointe Parkway and
North Concourse Drive in the Valleypointe Industrial Park, as shown
on 'Plat of Survey Showing the Subdivision and Dedication of the
Property of the Board of Supervisors of Roanoke County' dated May
10, 1990, and recorded in the aforesaid Clerk's Office in Plat Book
12, Page 133, is hereby declared to be surplus and the covenants
and restrictions applicable to the property render it unacceptable
and unavailable for other public uses, except for public easements
and in connection with this economic development project; and,
3. That the conveyance of this property to Optical Cable
Corporation is hereby authorized, subject to the following
conditions, covenants and restrictions:
a. That the property shall be subject to all of the
applicable covenants, restrictions and obligations and running with
the land, as set forth in the deed dated August 8, 1988, recorded
in Deed Book 1290, Page 769, and re-recorded in Deed Book 1292,
Page 987, and the deed of correction dated February 28, 1989, and
recorded in Deed Book 1301, Page 1156, in the aforesaid Clerk's
Office, and the conveyance shall be subject to agreement by Optical
Cable Corporation to indemnify and hold Roanoke County and the
Board of Supervisors harmless from any loss, claim, or damage as a
result of any violation of said covenants, restrictions and
obligations.
b. That the existing public utility easement, fifteen
feet (151) in width, along the northern property line (adjacent to
North Concourse Drive) and along the eastern property line
(adjacent to Valleypointe Parkway) shall be reserved and retained,
together with the right of any public utility company to provide
maintenance to any existing facilities located within the easement
area.
C. That a public drainage easement, a minimum of
fifteen feet (151) in width, running generally in a northerly
direction from the southeasterly corner of the parcel through the
approximate middle of the property, then turning and running
westerly to and beyond the western property line, the exact width
and location of which shall be shown upon a plat provided by
Optical Cable and approved by the Roanoke County Department of
Engineering & Inspections prior to the conveyance, together with
rights of ingress and egress from the public road for construction
or maintenance, shall be reserved and retained.
d. That all costs and expenses associated herewith,
including but not limited to survey costs, attorneys fees, and
2
recordation of documents, shall be the responsibility of Optical
Cable Corporation.
4. That the County Administrator or any Assistant County
Administrator is hereby authorized to execute such documents and
take such actions on behalf of Roanoke County as are necessary to
accomplish the donation of said property, all of which shall be on
form approved by the County Attorney.
5. That this ordinance shall be effective on and from the
date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Timothy W. Gubala, Director, Economic Development Director
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
John W. Birckhead, Director, Real Estate Assessment
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 22, 1996
ORDINANCE 102296-12 RESCINDING ORDINANCE 52395-12 AND
ACCEPTING AN OFFER TO PURCHASE THE HUNTING HILLS WELL LOT
(TAX MAP NO. 88.13-3-28)
WHEREAS, Ordinance 52395-12 accepting the offer of Thomas
Newcomb to purchase the Hunting Hills Well Lot (Tax Map No. 88.13-
3-28) for the sum of Thirty Thousand Dollars is hereby rescinded;
and
WHEREAS, as a result of the "well lot" designation placed on
the subdivision plat for Section 3 of Hunting Hills, it appears
that this property is restricted for use only as a "well lot," and
therefore, is of use only to the adjoining property owners along
Fawn Dell Road; and
WHEREAS, as settlement of the dispute between Roanoke County,
the adjoining property owners in Hunting Hills, and Thomas Newcomb,
the County has agreed to pay Mr. Newcomb the sum of Six Thousand
Dollars ($6,000) for his time and expenses involved in attempting
to purchase this well lot, and as payment for Mr. Newcomb's release
of his interest in this well lot; and
WHEREAS, said adjoining property owners have offered to
purchase this well lot from Roanoke County with the restriction
that this lot shall not be used for the construction of any single-
family dwelling.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That Ordinance 52395-12 is hereby rescinded and repealed.
1
2. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property, having been made
available for other public uses before permitting disposition by
sale, is hereby declared to be surplus.
3. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was
held on October 8, 1996; and a second reading of this ordinance was
held on October 22, 1996, concerning the disposition of the Hunting
Hills Well Lot, Tax Map No. 88.13-3-28.
4. That an offer for said property having been received, the
offer of Joseph T. and Pamela S. Moskal, Robert L. And Connie
Vermillion, Jonathan M. and Melinda Bern, Clifford P. and Linda S.
Culpepper, Tyler M. and Pamela W. Moore or their assigns to
purchase the Hunting Hills Well Lot, Tax Map No. 88.13-3-28, for
the sum of Seventeen Thousand Dollars ($17,000) is hereby
accepted/rejected. This conveyance is subject to the restriction
that no single family dwelling shall be constructed on this lot.
5. That the purchase price for the property shall be paid
upon delivery of a deed therefor, Eleven Thousand Dollars
($11,000) of that sum to be paid into the water fund in accordance
with the trust agreements of the 1991 water revenue bonds; the
remaining Six Thousand Dollars ($6,000) to be paid to Thomas
Newcomb in settlement of any and all claims arising from this
transaction.
6. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
2
County as are necessary to accomplish the sale of said property,
all of which shall be on form approved by the County Attorney.
7. That this ordinance shall be effective on and from the
date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Diane D. Hyatt, Director, Finance
John W. Birckhead, Director, Real Estate Assessment
3