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HomeMy WebLinkAbout9/22/1998 - Adopted Board RecordsJ + i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CAROLYN F. BROYLES, COUNTY GARAGE WHEREAS, Carolyn F. Broyles was first employed by the Roanoke County School System on October 1, 1972, and since June 30, 1997, has served as a Customer Service Representative at the County Garage; and WHEREAS, Carolyn F. Broyles was very instrumental in the implementation of several computerized fleet maintenance programs during her years of service with the Roanoke County Schools; and WHEREAS, Carolyn F. Broyles is highly respected by her co-workers in the Transportation Department for her personality, dedication and teamwork; and WHEREAS, Carolyn F. Broyles retired from Roanoke County on September 1, 1998, after over twenty five years of services; and WHEREAS, Carolyn F. Broyles, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CAROLYN F. BROYLES for over twenty-five years of capable, loyal and 1 dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: -A/ • 0 -44t -o ' Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resources Resolutions of Appreciation File 2 A-092298-2 ACTION # ITEM NUMBER zL-- 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Request for Authorization to Purchase Portable Scales for Truck Weight Violations and Appropriation of Funds. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The primary means for enforcing truck weight laws in the area is through the use of scales on Route I81 at Hollins. A significant number of vehicles take alternate routes to avoid these scales. Periodically, the State Police set up portable scales on Alternate 220 (Route 604) and Route 11 at Hollins. However, due to staffing limitations, they are unable to do this on a regular, frequent basis. The portable scales were in operation for two days during the week of August 24 from Tuesday at 7:00 am, until Thursday at 11:00 pm with the following results: Alternate 220 (Route 604) 74 violations Route 11 at Hollins 49 violations A spot sample of recent citations revealed that 3 violations resulted in fines of $2,000. SUMMARY OF INFORMATION: The use of alternate routes by overweight trucks involves three primary considerations; safety, damage to our roads, and loss of revenue that would otherwise be realized had the vehicle been stopped on I81. State law now permits local law enforcement agencies to conduct overweight enforcement activity and issue citations for violations. Further, fines resulting from citations written by a local agency are awarded to that agency. Section 12-8 of the Roanoke County Code E -r incorporates by reference all of the provisions and requirements of Title 46.2 of the State Code which includes regulation of motor vehicles and traffic. This section allows local ordinance enforcement of these State laws. Had Roanoke County officers written the 3 citations mentioned above, the $2,000, less a small administration fee, would have gone to the County. The process works as follows: Once the citation is written, a copy is sent to the Division of Motor Vehicles and DMV administers the process from that point. When the fine is collected, DMV deducts their processing fee and returns the balance to the locality. FISCAL IMPACT: The cost of the scales is $30,000. Training of 4 officers in the operation of the scales is $2,000. Funding would be provided from the current year Police Department budget. Revenue from enforcement activity would be diverted to the Police Department until such time as the $32,000 was reimbursed. All subsequent revenue would accrue to the General Fund. The staff is confident that reimbursement from this source of revenue can take place within the current budget cycle. ALTERNATIVES: 1. Authorize the Chief o -:'Police to expend $32,000 to purchase the scales and train the traffic unit officers in their use using funds from the current Police Department budget. Allow the department to be reimbursed from revenue derived from the weight enforcement activity. Once reimbursement is complete, all future revenue from this source would go into the General Fund. The advantage of this alternative is that we immediately begin to address the three considerations mentioned earlier. 2. Delay the project until the next budget period and consider it then. STAFF RECOMMENDATION: Staff recommends Alternative 1. E- / Respectfully submitted, Approved, G4i �z h�K Yies R. La inder Elmer C. Hodgeef of Police County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x _ Denied ( ) purchase and appropriation Harrison _ x _ Received ( ) McNamara_ x _ Referred ( ) Minnix _ x _ To () Nickens _ x _ cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance A-092298-3 ACTION NO. ITEM NUMBER Z D AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22,1998 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 8- 10,1998 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 10. The voting credentials form must be submitted to VACo by November 1, 1998 Supervisor Harry Nickens has indicated that he will be attending the VACo Conference, and as of this date is the only Board member who advised that he will attend. Other Board members may still plan to attend, and should let the Clerk's Office know so that reservations can be confirmed. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors designate one of the supervisors who plan to attend the VACo conference to cast its votes at the Annual Business Meeting on Tuesday, November 10. Respectfully submitted by: zerx4---1 1---7 Elmer C. Hodge County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to designate Johnson _ x _ Denied ( ) Harry C. Nickens Harrison _ x _ Received ( ) McNamara_ x _ Referred ( ) Minnix _ x _ To ( ) Nickens x cc: File Virginia Association of Counties resident hharles W. Curry ugusta County resident -Elect Janda C. Wingo otetourt County irst Vice President erris M. Belman, Sr. tafford County econd Vice President Ickson T. Ward lanover County ecretary-Treasurer aymond F. Alsop ing and Queen County nmediate Past President >hn D. Jenkins rince William County xecutive Director Lmes D. Campbell, CAE general Counsel ;. Flippo Hicks )01 East Broad Street lite LL 20 ichmond, Virginia 5219-1928 04) 788-6652 �X (804) 788-0083 mail: VACo95@aol.cc 'eb site: www.vaco.org n. VIRGINIA ASSOCIATION OF COUNTIES CONNECTING COUNTY GOVERNMENTS SINCE 1934 TO: Chairs, County Board of Supervisors County Chief Administrative Officers FROM: James D. Campbell. Executive Director RE: Voting Credentials for the Annual Business Meeting DATE: September 4, 1998 The 1998 Annual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 10, from 10:30 a.m. to Noon at The Homestead in Bath County. Article VI of the VACo Constitution states that each county shall designate a representative of its board of supervisors to cast its vote(s) at the Annual Business Meeting. However, if a member of the board of supervisors cannot be present for this meeting, the Association's Constitution does allow a county to designate a non -elected official from your county or a member of a board of supervisors from another county to cast a proxy vote(s) for your county. For your county to be certified to vote at the Annual Business Meeting, your annual dues must be paid in full and either a completed Voting Credentials Form or a Proxy Statement (attached) must be submitted to VACo by November 1, 1998. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 9, at 4:30 p.m. in the Monroe Room or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:30 p.m. in the Wilson Room on Monday, November 9th during VACo's Annual Conference at the Homestead. The committee is charged to nominate a candidate for President -Elect. First Vice President, Second Vice President, and Secretary -Treasurer to be elected at the Annual Business Meeting. Please send your expressions of interest and nominations to the Committee or to VACo's Executive Director. REGIONAL DIRECTORS Pursuant to VACo's By -Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will represent." Regional caucuses will be scheduled during the Annual Meeting to select directors. Incumbent regional directors should chair the caucuses. Reports should be given to VACo's Executive Director by 6:00 p.m. on Monday. November 9th. The attached list shows the regional directors that must be selected. JDC:bjp Attachments cc: VACo Board of Directors Nominations Committee VACo 1998 Annual Meeting �.'_ Voting Credentials Form Voting Delegate: (Supervisor) Name Harry C. Nickens Title Vice—Chairman Roanoke County Board of Supervisors Locality_ Roanoke County Alternate Delegate: (Supervisor) Name Title Locality Certified by: (Clerk of the Board) Name Mary H Allen Title Clerk to the Board Locality Rnannkp -------------------------------------------------------------- 7------------------ VACo 1998 Annual Meeting Proxy Statement _ County authorizes the following person to cast its vote at the 1998 Annual Meeting of the Virginia Association of Counties on November '10, 1998. a non -elected official of this -OR- a supervisor from This authorization is: county. County. 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) Certified by: Nam Title Locality E -a Regional Directors to be selected in 1998 We need a director from Term to Expire Incumbent Region 2 1998 Cofer Region 3 1998 Donati Re -ion 4 1998 Humphris Region 6 1998 Smith Region 7 1998 Acors Region 8 1998 Connolly Region 8 1998 Ferguson Region 8 1998 Seefeldt Region 9 1998 Jones Region 10 1998 Satterfield Region 11 1998 Chandler A-092298-4 ACTION NO. ITEM NO. 4S~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Dismissal of Admissions Tax Litigation, Roanoke Lodge #284, Loyal Order of the Moose, and Authorization of Refund COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This action seeks Board of Supervisors approval to dismiss litigation to collect approximately $12,000 in admissions taxes assessed by the Commissioner of the Revenue currently pending in the Circuit Court for the County of Roanoke against Roanoke Lodge #284, Loyal Order of the Moose. This action also seeks Board approval to refund admissions taxes paid by the Vinton Moose Lodge. BACKGROUND: The Board of Supervisors adopted Section 21-5 of the Roanoke County Code on April 9, 1991, which levied an admissions tax on the price of admissions for any public amusement, entertainment, performance, exhibition, sport or athletic event occurring in the County. The tax rate is 5%, with certain exceptions for charitable or school events. The Commissioner of the Revenue assessed an admissions tax against the Roanoke Lodge #284, based upon an admission fee charged against the patrons for dances and other social events sponsored by the Moose Lodge. The Moose Lodge denied liability for this tax and vigorously defended itself in this litigation. In February of 1997 with the Board's approval, William C. Maxwell, Esq. of Jolly, Place, Fralin & Prillaman was retained to assist the County and the Commissioner of the Revenue in this litigation to collect assessed but unpaid admissions taxes against Roanoke Lodge #284, Loyal Order of the Moose. Mr. Compton, key members of his office and the County Attorney have met on several occasions with Mr. Maxwell to review the facts and the law with respect to this litigation. 1 C-3 SUMMARY OF INFORMATION: Mr. Maxwell has engaged in discovery of documents and records of the Moose Lodge, and has deposed several witnesses. He has reported that based upon his review of the facts and the law, that this assessment and case cannot be successfully prosecuted. He recommends that the County dismiss this litigation against the Moose Lodge. The Commissioner of the Revenue and the County Attorney concur in this recommendation. ALTERNATIVES: Refund of admissions taxes paid by the Vinton Moose Lodge since 1991 total $7,460.19. STAFF RECOMMENDATION: It is recommended that the Board authorize the following actions: (1) dismissal of the litigation against the Roanoke Lodge #284, Loyal Order of Moose for the collection of admissions taxes; (2) authorize the Treasurer to refund all admissions taxes assessed by the Commissioner of the Revenue for dances paid to the County by the Vinton Moose Lodge since 1991. Respectfully submitted, Wayn Compton Commis ner ofVhe Revenue V"t Y\l. . ��� - Paul M. Mahoney County Attorney ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens to approve Johnson _ x _ Denied ( ) staff recommendation Harrison _ x Received ( ) McNamara_ x _ Referred ( ) Minnix _ x _ To ( ) Nickens _ x cc: File R. Wayne Compton, Commissioner of the Revenue Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-5 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, NORTH ROAD SANITARY SEWER EXTENSION, AND ACCEPTING THE DONATION OF UTILITY EASEMENTS WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the North Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along North Road. The total construction cost 1 of this public sewer project is estimated to be $46,000.00, to be initially financed as follows: Citizen Participation (7 x $5,750) $51,750 Advance from Public Works Participation Fund $11,500 That there is hereby appropriated for this project the sum of $11,500 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Preliminary Plan North Road Sanitary Sewer prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The North Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $7,187 toward construction costs plus the off-site facility fee in 2 effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $6,500 per property owner/residential connection ($5,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,500 down and financing the remaining $5,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the six (6) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the Board of Supervisors hereby accepts the donation to said Board of a sewer line easement of variable width from the following property owners along North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) and William D. And Mary Ann Blevins (Tax Map No. 35-04-2-9 and/or Tax Map No. 35-04-2-10) as shown on Exhibit 1. 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 7. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance with changes to include Duncan property and secure easement on Blevins property, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Q Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance ii?I1EQ4;r,Ac WILLIam I. L Carat M. Ctapp 35.04-2-26 PRELIMINARY PLAN NORTH ROAD SANITARY SEWER CATAYMA MAGISTERIAL DISTRICT ROANOKE COUNTY. VIRGINIA ROANOKE COUNTY UTHM DEPARTMENT 1206 KESSLER MIM ROAD SALE , VA 24153 SEPT a lose AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-6 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, BELLE HAVEN ROAD SANITARY SEWER EXTENSION, AND AUTHORIZING THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to the Belle Haven Road area of Roanoke County; and WHEREAS, the extension of the public sewer system and the creation of a special utility (sewer) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sanitary sewer system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on September 8, 1998, and the second reading was held September 22, 1998. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public sanitary sewer extension for a portion of Roanoke County along Belle Haven Road. The total construction 1 cost of this public sewer project is estimated to be $82,000.00, to be initially financed as follows: Citizen Participation (8 x $4,750) $38,000 Advance from Public Works Participation Fund $44,000 That there is hereby appropriated for this project the sum of $44,000 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Sewer Fund. 2. That the Project Service Area is shown and designated on the attached plat entitled Belle Haven Road Sanitary Sewer Petition prepared by the Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The Belle Haven Road Sanitary Sewer Service Area is created for a period of ten years. (A) On or before November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $4,750 toward construction costs plus $750, which represents 50% of the current off-site facility fee of $1,500, said costs to be paid in full and in advance of connection to the public sanitary sewer extension or financed in accordance with the provisions of paragraph 3. (B) After November 21, 1998, any owner of real estate within this service area may participate in and benefit from the public sanitary sewer extension to this service area by paying the sum of $5,937 toward construction costs plus the off-site facility fee in 2 effect at the time of connection (currently $1,500), said costs to be paid in full and in advance of connection to the public sanitary sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before November 21, 1998, of their portion of the cost of extending the public sanitary sewer system to their properties in accordance with the following terms and conditions: (a) Payment of $5,500 per property owner/residential connection ($4,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. Property owners agree to pay $1,500 down and financing the remaining $4,000. The down payment will be applied first to the off-site facility fee and then to the construction costs. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 3 4. That the payment by citizens in the project service area, in excess of the eight (8) anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Sewer Fund. 5. That the acquisition and acceptance of the necessary water and sewer line easements, as shown on the attached map for the Belle Haven Sanitary Sewer Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. PROPERTY OWNER 26.12-1-25 McDaniel 26.12-1-24 Booze 26.12-1-16 Rasnick 26.12-1-17 Andrews 26.12-1-18 Garst 6. That the consideration for these easement acquisitions shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any, or the amount determined by an independent appraisal; and III 7. That the consideration for these easements shall be paid from the Sewer Repair and Replacement Fund; and 8. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 9. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Wi Q O � z 0 .U) LJ N o M C9 0 m '> w W Q � W Na LZ Ey- CO Ld Zw Q3 W 3 �Cv cn — 0 > Lu N w pq X 00 W U WWw W D_ U- J r w cx�y —I H Z o+ z WM m CD Ln pq 00 o: Norm J4 Barrens Road 6354 (Route 1832) m m\\ 7 � d 0 .U) N o M C9 0 m '> Vi W Q � W cnQ � w c CO y cn — 0 > 0 R1 CC) 00 0 00 = Q D_ U- z r 00 R o Ln `� o+ z ro o m CD Ln `c00 00 o: 0 LO CD o o 0 0 00 a, Ln Ln o -D M co 00 U U O Pettit Lane (Route 5056) C H Ln O o0 N 3 C co G ^ 3i L d — O Y c 00 s co a ca � 07o a� 0 co 00 V) o \ D O 6 � m U 00 C N D N N m 0 .U) '> Vi W Q � W cnQ � W U a cn — 0 > W V) o 0 n D_ `� z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-7 AUTHORIZING THE LEASE OF THE HOUSE AND ONE ACRE OF REAL ESTATE, EXCLUDING THE GUEST HOUSE, (TAX MAP NO. 75.00-2-36) LOCATED AT HAPPY HOLLOW PARK 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 Charter of Roanoke County, a first reading concerning the disposition of the herein -described real estate was held on September 8, 1998; the second reading and public hearing on this matter was held on September 22, 1998; and 2. This property consists of approximately one acre of real estate with improvements, excluding the guest house, identified as Roanoke County Tax Map No. 75.00-2-36; and 3. That it is in the County's best interests to lease this property to Andrew Bailev in order to safeguard the valuable improvements thereon and to receive fair market value lease payments until such time as it may be necessary to utilize said property in connection with the Happy Hollow Park. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. That funds generated through the rental of this property be placed in the Parks Ground Maintenance Budget and 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. 1 On motion of Supervisor McNamara to adopt the ordinance leasing to Andrew Bailey with rental income placed in the Parks Ground Maintenance Budget, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTS: 14V• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Arnold Covey, Director, Community Development John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 22, 1998, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of improvements to Reavis Lane which serves as the entrance to the Lloyd Property. 2. Acceptance and appropriation of $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. 3. Resolution of appreciation upon the retirement of Douglas Jones, General Services. 4. Request from Schools to accept and appropriate $1,000 grant from the Virginia 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resources Carol Whitaker, Director, Pupil Personnel Services & Special Education Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board John M. Chambliss, Jr., Assistant Administrator A -092298-8.a ACTION NO. ITEM NUMBER 7__j AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Approval of Improvements to Reavis Lane which serves as the entrance to the Lloyd Property COUNTY ADMINISTRATOR'S COMMENTS: J�Ac*� BACKGROUND: The Lloyd property is a 37.86 acre parcel of land owned by the County which is located across from the Veterans facility in the City of Salem. Salem Health and Rehabilitation Center, an entity of Fralin and Waldron, owns property on either side of Reavis Lane, the entry roadway to our property. Salem Health & Rehabilitation Center plans to develop the vacant property as additional parking for their facility and have asked permission to access their lot from Reavis Lane and improve the entrance. (See attached map). They propose to improve the entrance by paving the road surface beyond the entrance to their parking area, tapering the pavement to accommodate the gravel road so as not to create a "drop-off," and improving the drainage at the intersection with Roanoke Boulevard. The County Attorney recommends that the Board consider the granting of a license to Salem Health and Rehabilitation Center to authorize its improvements to and use of this public property. A license is a grant of permission to enter upon land for a particular purpose; it is a right to do an act which without such permission would be illegal or a trespass. A license is of a temporary character; it is purely a personal right; it cannot be sold or assigned; it is revocable at the pleasure of the County. A license is not an easement. Since a license is not a grant of a property interest, it is not necessary to adopt an ordinance to permit this temporary use of public property. This license would permit Salem Health and Rehabilitation Center to use a portion of this public property and to make its improvements. A license would not infringe upon the easement deeded to other parties across this property. U:\WPDOCS\AGENDA\REALEST\BRLLOYD.922 al The proposed improvements will improve the functionality of the property of Salem Health and Rehabilitation Center, will improve the appearance of the entrance to our property and will benefit the adjacent property owners who use Reavis Lane as ingress to their property. The paving will also improve the drainage situation at the site. ALTERNATIVES: 1. Grant the license to make the stated improvements to the entrance to Reavis Lane for the mutual benefit of Salem Health and Rehabilitation Center, the County, and the adjacent residents who depend on Reavis Lane for ingress. 2. Grant an easement for the proposed improvements allowing Salem Health and Rehabilitation Center to make the stated improvements (requires first and second reading of an ordinance). 3. Do not authorize improvements to the entrance road. FISCAL IMPACT: None. The improvements will be a part of the parking area of Salem Health and Rehabilitation Center and will be maintained by them. RECOMMENDATIONS: Staff recommends alternative 1 to grant a license to Salem Health and Rehabilitation Center thus allowing them to improve the entrance to Reavis Lane and to serve as an access point to their parking area. Respectfully submitted, Appr ed by, qh hn M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator Countv Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara_ x Referred ( ) Minnix _ x _ To ( ) Nickens _ x _ cc: File John M. Chambliss, Jr., Assistant Administrator Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Area of Reavis Lane to be paved A -092298-8.b ACTION NO. ITEM NUMBER J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1998 AGENDA ITEM: Acceptance and allocation of a $25,000 grant from the Virginia Department of Conservation and Recreation for the Garst Mill Greenway and park renovations. COUNTY ADMINISTRATOR'S COMMENTS: 7f 4� SUMMARY OF INFORMATION: This past year the Virginia Department of Conservation and Recreation awarded a Virginia Trails grant to Parks and Recreation to develop a greenway, mitigate stream bank erosion, plant trees, and perform other improvements in Garst Mill Park. Staff has completed the major improvements including the greenway, landscaping, and the installation of a new bridge. This allocation will allow for the completion of this project. FISCAL IMPACT: None STAFF RECOMMENDATION: Accept and allocate to Parks and Recreation a $25,000 Virginia Trails Grant from the Virginia Department of Conservation and Recreation. Respectfully submitted, Oen-" `�.. Pete Haislip Director Approved by, 100b Elmer C. Hodge County Administrator -------------------------- ------------------------------- -- --------- ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L Johnson to approve Johnson x Denied () Harrison — x — Received () McNamara— x _ Referred () Minnix _ x To () Nickens — x cc: File Pete Haislip, Director, Parks & Recreation Diane D. Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DOUGLAS JONES, GENERAL SERVICES WHEREAS, Douglas Jones was first employed part time by Roanoke County on June 17, 1987; and since August 5, 1989, has worked full time as a custodian with the General Services Department; and WHEREAS, Douglas Jones was the recipient of numerous awards from the General Services Department; including Employee of the Year, Perfect Attendance for three consecutive years, Cleanest Building, and Most Dependable; and WHEREAS, Douglas Jones was also the recipient of two Extra Mile Club awards given by Roanoke County; and WHEREAS, Douglas Jones retired from Roanoke County on August 1, 1998, after eleven years of services; and WHEREAS, Douglas Jones, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DOUGLAS JONES for eleven years of capable, loyal and dedicated service to 1 Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File William J. Rand, III, Director, General Services Joseph Sgroi, Director, Human Resrouces Resolution of Appreciation File ACTION A -092298-8.d ITEM NUMBER '3-- V MEETING DATE: September 22, 1998 AGENDA ITEM: Appropriation of Grant for Assistive Technology Devices COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County School Board has received $1,000 from the Virginia Department of Education for the purchase of Assistive technology devices to assist students with disabilities to access technology in classroom and media centers. SUMMARY OF INFORMATION: The school division received and appropriated funds from a similar grant last year. The funds will be expended to purchase items for students with visual impairments. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Appropriation of the $1,000 grant to the school operating fund to be used to purchase items for students with visual impairments. Dr. Carol Whitaker Director Pupil Personnel Services And Special Education Elmer C. Hodge County Administrator ACTION VOTE No Yes Approved (x) Motion by: Bob L. Johnson to approve Johnson _ x Denied ( ) Harrison _ x Received ( ) McNamara_ x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Carol Whitaker, Director, Pupil Personnel Services & Special Education Diane D. Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Abs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON SEPTEMBER 22, 1998 RESOLUTION 092298-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-10 AUTHORIZING THE ISSUANCE OF $7,965,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $7,965,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the 'Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $7,965,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $7,965,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator, such price to be not less than 99% of par and not more than 103% of par, and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998A; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one -hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (61/2%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ('Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; -2- (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: July 15, 2009 to July 14, 2010, inclusive ............. 102% July 15, 2010 to July 14, 2011, inclusive ............. 101 July 15, 2011 and thereafter .......................... 100; Provided, we , that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, -3- and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non -Arbitrage Certificate..The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non -Arbitrage Program; Proceeds Agreement The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non -Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. -4- 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 22, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board -5- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 RESOLUTION 092298-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, in June, 1998, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of $5,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the County of Roanoke, Virginia (the "County"), on the First Priority Waiting List. WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and made a commitment to loan such moneys to the School Board (the "Commitment") upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund. WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for a loan obligation from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so advanced. WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years. WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the "Issuance Expense Allowance"). WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $5,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount not to exceed $5,000,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $5,000,000 (the 'Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 199813'; shall bear interest from the date of delivery thereof payable semi- annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1999, (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. -2- 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one -hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six and one-half percent (6'/%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar.. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or Redemption The Principal Installments of the Bonds are not subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owners of the Bonds. -3- 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non -Arbitrage Certificate The Chairman of the Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code, except as provided above, so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non -Arbitrage Programs Proceeds Agreement The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non -Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing -4- Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 22, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting and (iii) the vote of each member, including any abstentions. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board -5- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-12 VACATING A 1 -FOOT BY 49.2 -FOOT PORTION OF A 25 -FOOT SANITARY SEWER AND DRAINAGE EASEMENT CREATED ON PLAT OF SECTION 1, TRIPLE CROWN ESTATES, PLAT BOOK 15, PAGE 131, AND NOW LOCATED ON LOT 11, BLOCK 1, SECTION 2, TRIPLE CROWN ESTATES (TAX MAP NO. 50.03-4-24) RECORDED IN PLAT BOOK 17, PAGE 123, OWNED BY CLAYTON T. AND PATRICIA G. FOWLER IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 15, page 131, C & D Builders, Inc., dedicated certain public easements, including a 25' sanitary sewer and drainage easement through its remaining property as shown on said plat; and, WHEREAS, the remaining property was subsequently subdivided by plat entitled "Plat of Section 2, Triple Crown Estates" dated August 17, 1994, of record in the aforesaid Clerk's Office in Plat Book 17, page 123; and, WHEREAS, a part of the 25' sanitary sewer and drainage easement originally located on the remaining property is now located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, the Petitioners; and, WHEREAS, a recent survey of the property reflects that the residential dwelling located thereon encroaches upon a portion of the northeast side of the existing 25' sanitary sewer and drainage easement; and, WHEREAS, the Petitioners have requested that a 1' x 49.2' portion of said easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, this vacation will not involve any cost to the County, will not affect the ability to provide service, and the affected County departments have raised no objection. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 1' x 49.2' portion of a 25' sanitary sewer and drainage easement as shown on Exhibit A attached hereto, said easement having been created and dedicated on the subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated September 15, 1992, and recorded in Plat Book 15, page 131, and now being partially located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, in the Hollins Magisterial District of the County of Roanoke, Virginia, be, and hereby is, vacated pursuant to Section 15.2- 2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the Petitioner, Clayton T. and Patricia G. Fowler; and, 2 3. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. AI en, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 BELMONT COURT aQ;. 50' WIDE B -C=20.28' N 43'30'35" E L=24.64' 1y S. 55.50'Tj i ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT VACATED PORTION OF EXISTING EASEMENT BOUNDED BY CORNERS C -D -E -F TO C INCLUSIVE 43'30'35" E A 134.1 w n '04 N OR ION OF M EASEMENT w V) BEING _t n n VACATED tAo IC71N WAU IN IGINAL N 131• #3820 LU 'n cl C -D -E -F- p4 rn I PORTION OF V EASEMENT BEING V) VACATED 'RAVEL #3820 DRIVE 43125 21 RIGINALIO 1.00' 4SEMENTI uNE 14.1' Request to vacate a part of 25 foot sanitary sewer and drainage easement Recorded in Plat Book 15, Page 131 Triple Crown Estates - Section 1 Located on Lot 11 (Tax Parcel: 50.03-4-24) in Triple Crown Estates - Section 2 Recorded in Plat Book 17, Page 123 Request to vacate a part of 25 foot sanitary sewer and drainage easement Recorded in Plat Book 15, Page 131 Triple Crown Estates - Section 1 PORCH 30.4 N I 13.1' �•2� 10.6' 1 STORY STONE & c N N IN VINYL SIDED #3820 i10.5' Q ~0 WOOD EC DECK LOT 12 24' V � N N � N � N I LOT 11 s M N o t� BLK 1° Z ( SEC 2 PFti°off 0.313 ACRE �oOP�P �e oo tioN� 10.9' 14.1' EXISTING 25' EASEMENT S. 0 S.S.MH S 41'12'19' W ONO W WALL 2' NORTH OF 80.00' S.S.E. UNE CONCx- / PAD _" S 43'30'3 W FENCE 1.9' EAST cv,y. I h a 'Q OF UNE N\F PROPERTY OF ti g1 FENCE 1.9' EAST C & D BUILDERS, INC. m/ a' OF UNE TAX NO 50.03-01-04.1 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT VACATED PORTION OF EXISTING EASEMENT BOUNDED BY CORNERS C -D -E -F TO C INCLUSIVE 43'30'35" E A 134.1 w n '04 N OR ION OF M EASEMENT w V) BEING _t n n VACATED tAo IC71N WAU IN IGINAL N 131• #3820 LU 'n cl C -D -E -F- p4 rn I PORTION OF V EASEMENT BEING V) VACATED 'RAVEL #3820 DRIVE 43125 21 RIGINALIO 1.00' 4SEMENTI uNE 14.1' Request to vacate a part of 25 foot sanitary sewer and drainage easement Recorded in Plat Book 15, Page 131 Triple Crown Estates - Section 1 Located on Lot 11 (Tax Parcel: 50.03-4-24) in Triple Crown Estates - Section 2 Recorded in Plat Book 17, Page 123 Request to vacate a part of 25 foot sanitary sewer and drainage easement Recorded in Plat Book 15, Page 131 Triple Crown Estates - Section 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1998 ORDINANCE 092298-13 VACATING A 15 -FOOT PUBLIC UTILITY EASEMENT ACROSS LOTS 8 AND 9, AND A PORTION OF WINTERBERRY SQUARE, IN SECTION 2, WINTERBERRY POINTE, PLAT BOOK 19, PAGE 56, (FORMERLY TRACT "A", PLAT BOOK 9, PAGE 289) AND ACROSS PARCEL "C" OF WINTERBERRY POINTE, PLAT BOOK 9, PAGE 289, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 289, Builders Investment Group, Inc., dedicated certain public easements, including a fifteen -foot (15) public utility easement through "TRACT A - 1.868 Ac." and "PARCEL C - 1.029 Ac." as shown on said plat; and, WHEREAS, Tract A was subsequently resubdivided by plat entitled "Plat Showing Lots 1-15, Section 2, Winterberry Pointe and New Lot 1A, Block 2, Winterberry Pointe" dated October 10, 1996, of record in the aforesaid Clerk's Office in Plat Book 19, page 56; and, WHEREAS, the portion of the 15' p.u.e. originally located on Tract A is now located on Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, as shown on the resubdivision plat in Plat Book 19, page 56; and, WHEREAS, the petitioner, Boone, Boone & Loeb, Incorporated, is the developer of Winterberry Pointe and is the current owner of Lot 8, Section 2; and, WHEREAS, the petitioner has requested that said 15' public utility easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2- 2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on September 8, 1998; the public hearing and second reading of this ordinance was held on September 22, 1998. WHEREAS, there being no objection raised by the appropriate public utility companies entitled to use the subject easement and there being no public utility company or county facilities located within the subject easement. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the public utility easement, being fifteen feet (16) in width and extending across Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, Plat Book 19, page 56, (formerly across Tract 'A' in Plat Book 9, page 289) and across Parcel 'C', Plat Book 9, page 289, in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, as shown on subdivision plat entitled "Plat of Winterberry Pointe" dated June 4, 1984, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 289, and as further shown on the Exhibit A attached hereto, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and, 2. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs shall be the responsibility of the petitioner, Boone, Boone & Loeb, Incorporated; and, 3. That the County Administrator, an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such 2 actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 1/ ClTTCE. R SOS NS' n� ��T o•� NORMANDY tG.'F V .I,IW Tl F M DR w �� ♦ °�50 hPJOCi-',2�ii, 1- .c' APts. Zf r I ., w FZQ � t "YpNdi� COLONNADE NEw �'': d'n �''1 " P Gf CORPORATE POSE '�p �+i";l/1 n,: d 9QRR�M OR fgF` CENTER. ( OfFlC�Y,B19�w y¢• t rGALL WAY d,y 'i'p "Od 9�1p �� '��L����WE79.�,_,/ Ih1aNO .. _ �k;t'F•J, �q.� c DyP"� Y 4 1662 lL/BPA?.Y��IFOa�ry I..C�OCI{ 1CMyl•AFJ) `�'Gf7EE1i•MEq ,W RO Cq 6 ,N GREE �.puy RD � ♦ :-" nia. NO.SB&+i' � i w4 1 4.SMONT �N NOR TH "°� 'TICINI7'Y HAP ,�� �---[ASENEM..antuWrOC : vw _�T i'S'nlniNq�l �.5am41T W � —'------------------------ --- TRACT--R-------- 175iax9 r WINTERBERRY -DRIVE 3p, 1 r � 0 WAM 1. `. LINE EASELEW \ rr • 4 + `� .m ` C-10 ' ' r TRACT r f i i s n3 NTRgNeI f� d 11 4 a f .L r1787. 4.97' g � /j1��•1 Li J ea ENC l t � 1.31.30• E �? I ' I n� t2't 1 S t L' l2ni. 1 16 FOOT P.U.E. EASEMENT TO BE VACATED —7 �-O I -_-___--____ • 4� a' ��i- - TO.36'ai••E` i• -.101y1'- i 3 aJ, -----------------�--- X PARCEL C ----- -- 1.029 Ac. i 4 rn n,w r s • Nee 11.,,. o : !ROAD ROCK ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Na qt. 702) VACATE A 15 -FOOT PUBLIC UTILITY EASEMENT SHOWN ON TRACT 'A', WINTERBERRY POINTE IN WINDSOR HILLS MAGISTERIAL DISTRICT