Loading...
HomeMy WebLinkAbout9/28/1999 - Adopted Board RecordsACTION # 092899-1 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for Appointment of Negotiating Committee for Roanoke County to Negotiate with Cox Com, Inc.,DB/A as Cox Communications, for Possible Extension of Current Cable Television Franchise in Coordination with the City of Roanoke and Town of Vinton, Virginia. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The current cable television franchise between Roanoke County and Cox Communications (presently operating as Cox Com, Inc.) (hereinafter referred to as "Cox") expires in May, 2003, simultaneous with their franchise with the City of Roanoke and the Town of Vinton. Cox Communications has expressed the strong desire to negotiate an extension of their franchise at this time rather than waiting until 2003. Cox has recently announced its intention to invest $8.5 Million in its physical plant , styled "Cox Digital Revolution", to upgrade their technological capabilities in the Roanoke Valley to permit full digital television and high speed internet access capabilities. SUMMARY OF INFORMATION: At a recent meeting of the Roanoke Valley Regional Cable Television Committee, Cox's General Manager requested that the Committee express its support of an extension of Cox's franchise with the three participating jurisdictions. In lieu of Committee action, the members agreed that legal counsel should request guidance from their respective governing bodies as to the direction in which each locality desired to proceed in response to Cox's request. The two apparent options to the local governments are to undertake informal negotiations with Cox for an extension of their currently existing franchise at this time or wait for at least two more years and begin either formal or informal negotiations with Cox at that time for a new franchise agreement. r � ' A brief description of the advantages and disadvantages of these options follows: OPTION I: Extend Cox's existing franchise agreement for an agreed upon term: Cox's request for an extension of their existing franchise coincides with their announced plans for substantial capital investment in their infrastructure in the Roanoke Valley. An extension of their cable television franchise should assist Cox in securing the capital investment which is required for the improvement of their physical plant. These investments will assist the Roanoke Valley in being on the leading edge of technology as we enter the 21 st Century. Cox has proved to be a very responsible corporate citizen of the Roanoke Valley and extension of their franchise would be perceived as a vote of confidence in their efforts. Potential disadvantages of an extension of the current franchise include the inability to substantially modify or improve the existing agreement and the opportunity to benefit from either technological or legislative changes between now and May of 2003. OPTION II: Refuse to negotiate at this time and wait to open negotiations in late 2002/earl 2Y 003: This would allow the current franchise agreement between the three Valley jurisdictions and Cox to run its natural course. The current wave of corporate consolidations within the tele- communications industry and ongoing technological advancements may bring significant changes to Cox's situation within the next three years. Formal renegotiation of a new franchise agreement would permit the local governments to explore improvements in the existing franchise. However, refusal to negotiate with Cox as they have requested may put them in a much less cooperative attitude three years hence. Furthermore, there is the real potential that Cox might either sell this franchise or be acquired by another and less desirable cable system operator. In that situation, the Roanoke Valley governments might find them- selves dealing with a much less cooperative entity; one which is much less willing to continue to provide the level of investments and services which we have come to expect from Cox. FISCAL IMPACT: None anticipated at this time STAFF RECOMMENDATION: Staff recommends that the Board approve Option I and appoint a negotiating committee composed of Dr. Harry Nickens, Anne Marie Green, Dr. Jane James, and Jim Dickey to meet jointly with representatives designated by the City of Roanoke, the Town of Vinton and Cox to explore mutually acceptable terms for extension of the current cable franchise agreement. Respectfully submitted, Jos,fth B. County Attorney ------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by: Bob Johnson to appoint Harrison X _ Denied () negotiating committee Johnson _ X Received () McNamara_ X Referred () Minnix _ X To () Nickens _ X _ cc: File Joseph Obenshain, County Attorney's Office Anne Marie Green, Community Relations Dr. Jean James, Roanoke County Schools Mary Parker, Roanoke City Clerk Carolyn Ross, Vinton Town Clerk ACTION # 092899-2 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Request for $1,000,000 appropriation for site improvements at the Center for Research and Technology COUNTY ADMINISTRATOR'S COMMENTS: 3Td:CCW. 41iP.(193 On March 11, 1997, Roanoke County held a press conference to announce the purchase of a 457 acre site located on Route 11/460. The site, part of which would be used as a technology and/or business park, is now known as the Center for Research and Technology. A Community Advisory Committee with representatives from the residential and business community in West Roanoke County was asked to participate in the development of a concept plan for the site. On July 23, 1997, the Board of Supervisors approved spending $3,000,000 to purchase the site. Payments were to be made over three years, and the last payment of $1,057,650 is included in this year's budget to be paid in November. The cost of the economic development project was estimated at $12,461,767 with Phase I, Stage I estimated to cost $5,370,852. Hayes, Seay, Mattern and Mattern and Lumsden Associates were hired to conduct an Engineering Concept Plan for the entire property and complete engineering design plans for Phase I, Stage I. Because of the strategic location of the proposed project on VA's Technology Corridor and its close proximity to Virginia Tech, Congressman Rick Boucher held a press conference on the site on April 8, 1999 to announce his support of the project and to offer his assistance in requesting federal funds for the industrial access road and recruitment of high tech firms. SUMMARY OF INFORMATION: It is now time to construct some of the site improvements in order to mount an active marketing campaign. To do so, we are asking that $1,000,000 be allocated for the project. These funds will construct the sewer line, the entrance road and internal roadway spur for Phase I, Stage I. The funds will be used as follows: Sewer ($794,000): $250,000 of this cost is the boring of a tunnel under Interstate 81 ($600 per foot). The remainder of the total cost is laying the sewer line and acquiring the easements. Economic Development is also applying for a $100,000 Rural Development Business Grant from the USDA to assist in the cost of laying the sewer line. The deadline to apply is October 1, and it will be several months before learning whether we will be awarded the grant. It is anticipated that sewer can be extended to CRT by May 1, 2000. �,""':—a Road Improvements ($866,577): This will include a two lane entrance road (30 feet wide) with curb and gutter, and two cul-de-sacs in the approximate 2600 linear foot roadway, landscaping and a distinctive park entrance sign with lighting. Attached is a photograph of another business park entrance that may be used as a model for the CRT entrance. We will apply for $300,000 funding from VDOT, with another $150,000 in matching funds for the industrial access road. Less money will be needed if the roadway length is reduced. HSMM has developed a cost estimate for the entrance portion of the industrial access road and completion is scheduled for June 1, 2000. No additional funds for the water line will be needed at this time. The Utility Department has funds budgeted in the CIP to cover the water line from Dow Hollow Road up Glenmary Drive, and to the Phase I, Stage I development for the projected cost of $655,000. This is part of the North Loop Transmission Line and Utility Director Gary Robertson has moved up construction of the line to assist in getting water to North Roanoke County, the City of Roanoke and move this important economic development project forward. The Utility Department has begun the bid process for the 24 inch water line along Glenmary Drive to the park entrance. FISCAL IMPACT: The total amount that will be needed for site improvements is $1,660,577. At this time, however, $1,000,000 is being requested to begin the sewer and road improvements. The Board has expressed a desire to use Dixie Caverns money for improvements at CRT. We anticipate the balance of these funds can be made up from grant revenues and design savings, along with funding available from VDOT. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate $1,000,000 from the Dixie Caverns Landfill Cleanup account to begin the site improvements at the Center for Research and Technology. Approved ( x) Denied ( ) Received ( ) Referred ( ) To ( ) r ully Su fitted by Elmer C. Hodge County Administrator ACTION Motion by: Harrison to appropriate $1.000,000 from Dixie Caverns Landfill Cleanup Account VOTE No. Yes Abs Harrison X Johnson — _ X McNamara_ X Minnix — X Nickens — _ X cc: File Diane Hyatt, Finance Director Arnold Covey, Community Development Melinda Cox, Economic Development Tim Gubala, Economic Development Gary Robertson, Utility Department E'" Center for Research & Technology Natural Stone Entrance Wall In order to construct a entrance to the Center for Research & Technology that is environmentally sensitive to the surrounding rural countryside, a natural block wall was chosen. As the industrial access road veers to the left into the park from Glenmary Drive, it will be accompanied by a low stone wall that leads up to the main entrance sign displaying the County seal and park name. Followed by a corporate marquee of the same design and block. The entire entrance plan will be a traditional design appropriate to the materials that are incorporated (similar to the above photograph). Center for Research & Technology Natural Stone Entrance Wall In order to construct an entrance to the Center for Research & Technology that is environmentally sensitive to the surrounding rural countryside, a natural block wall was chosen. As the industrial access road veers to the left into the park from Glen -nary Drive, it will be accompanied by a low stone wall that leads up to the main entrance sign displaying the County seal and park name, followed by a corporate marquee of the same design and block. The entire entrance plan will be a traditional design appropriate to the materials that are incorporated (similar to the above photograph). ACTION # 092899-3 ITEM NUMBER ' ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 SUBJECT: Request to Increase Personnel Count at Spring Hollow Water Treatment Facility COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Spring Hollow Water Treatment Facility had an average production of four million gallons a day prior to this summer. This production rate can be managed with one 8 -hour shift, 7 days a week. The present staff includes a supervisor, 3 water operators, 2 laboratory technicians, and 1 maintenance person. SUMMARY OF INFORMATION: The recent water agreement between Roanoke County and Roanoke City has a significant impact on the water treatment facility. A single 8 -hour shift can produce approximately 4.5 mgd of water, with each successive shift producing 5 mgd. The agreement stands to increase average production from 4 million gallons per day to 6 million gallons per day with peak production at 10mgd, and moves the operation to two shifts, 7 days a week as shown below: 3 - 4 mgd Average production at Spring Hollow prior to July 1999 2 mgd Increased production to cover County water needs previously purchased from Roanoke City 4 mgd Roanoke City capacity (when needed) 9-10 mgd TOTAL The second shift has been operating since July 1999 by utilizing existing personnel on an overtime basis. With implementation of the new agreement, a second shift will remain as the standard mode of operation. Three new personnel (2 operators, 1 trainee) will be required to staff the second shift. This would provide for basic operation only, and overtime will still be required to cover sickness and vacation. FISCAL IMPACT: Three additional personnel will cost approximately $90,000 per year. These costs are included as a portion of the $821,250 increase in the water treatment facility production costs as shown on the attached analysis. This analysis is based on Roanoke County producing an additional 2.25 mgd for County use plus 1 mgd (yearly average) sale to Roanoke City. In future years these costs will be covered by the $1.6 million savings by not purchasing water from Roanoke City. Present year costs will be covered by the sale of water to Roanoke City. RECOMMENDATION: Staff recommends that the personnel count for the Utility Department be increased by three people. SUBMITTED BY: &at,,1>46k� i Gary Rob rtson, P.E. Utility Director Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION APPROVED: zloz'9410 - r C. Hodge County Administrator Motion by: Harrison to increase personnel count by 3 cc: File Joe Sgroi, Human Resources Gary Robertson, Utility Department Brent Robertson, Budget Manager VOTE No. Yes Abs Harrison X Johnson _ X _ McNamara_ _ X Minnix _ X _ Nickens X N O 0 a0 I- N O t0 to M O O Cl) V' N O CO I-- MOOM O N O V'to00 O O o Cl) h00 h tOOI-N CM ' OCl) MI�GOCl) OO M MQOON t/1 to O aO P. t? O N Ch to r O O r CA 00 o O M j ;r W) V'V' O 900 Mv0 00 O h u)V- to 4) 7 I��o� ti 1-u 0000 O)0) o F- vMln N N to V' tC) In O O O O O O O +0+ _ f� fl O O Il ' n ' ti N ci O MO tr) to co Go Go co co Cl) C43 M {p Y O O Cl) Cl) (O t0 to C F 0 � O C E O U') LO O O �► ul Q Go N Lf) 0 L � Y > VCU too ccoo 0 m Go ago O y 7 O Y O O O N U Z N _ %- ., 0 0 0 0 0 y 0 00 o o o fa0 O 0 0 N O CO 00 O _N O to V' V'0 O V• V' N O O GO co M O O r h0 O n M r- O O O 0 0 R y a0 O O GO f�OI�V• M act Ci V-etO O O O MOCL O N GO N— V'OGC)M V' 0)N COI,- OM OO t) CA coOaD V' to3 7 I010 '7 t0 V'V' OV'OOto0) OO O I`—tC) V' ,- — COP- � r- to r- GO h O O O co � V• Cl) to omm t� tt� w c 0 V d ra m U 0 Cm _ H z a y _ ^ .O+ 0 m y 0 C 0 C E E c d m U) CU l6 W C ca tp C O rn Z �a C C. C m F tL 0 •R O W C- QO ymmm�(O UcCi0 > � aRc HfLo4a w tot_-0�C«) N O 00 N0 aO c to O in 0 S 2 Z Z 0 E0 qmcaa� Q ci c (D �� �0 �cnt w O 0 Z p 3 2 O Clt- M N O O co 0 ma o - o 0 16 Oo d cc .0 O v CO 0 O E C C, 0 ii 0 t0yw C E 0(D > mLLCo oo O c m (D .- H O c E Z d 0 m "C (D N 0 �+ C y p i0 (D O f6 3 o f C ro Of n> a�a°�my�o a� m rs 0 o O Z o (n Z ~C c m W m m Z Z y v 0 C Q N Cl) O U 3 2 ACTION #.092899-4 Item No. E— y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY, MEETING DATE: September 28, 1999 AGENDA ITEM: Request to execute a Performance Agreement approving a Public Private Partnership with Dragon Chemical Corporation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Dragon Chemical Corporation is negotiating with County staff, the Industrial Development Authority of Roanoke County and the Greater Roanoke Valley Development Foundation to expand its manufacturing operations in Roanoke County. The Company blends chemicals and produces pesticide products for use in homes and gardens. Burlington Biotech recently purchased Dragon and determined that it needed to expand the building and capacity to meet the market demands for their products. Dragon searched regionally for a location and County staff proposed that the Company locate in the vacant 75,000 square foot "shell building" constructed by the Foundation on a 17.3 acre tract in Valley Gateway in the Route 460 East Corridor. Dragon is negotiating with the Foundation to acquire the building for $1,528,201. Dragon Chemical Corporation is seeking $4,800,000 of Industrial Revenue Bond financing so that it can acquire the land, purchase equipment, complete construction of the shell building and employ 110 employees. The Company desires to have the building remodeled and be in operation by October 1, 2000. The estimated total new tax revenues over a 5 -year period from real estate, personal property and machinery and tools is $250,642. The 105 acre Valley Gateway Business Park is a joint development effort initiated in 1996 by Roanoke County, Fralin & Waldron, the Authority, and the Foundation. Roanoke County received a $200,000 industrial access road allocation from the Virginia Department of Transportation (VDOT) in February 1997 and partnered with Fralin & Waldron to construct C— C the road, make entrance improvements on Route 460 and extend public and private utilities to the site. The Industrial Access Road Fund requires that a "qualifying industry" must locate within 3 years of the road project approval or the locality must reimburse VDOT for its allocation. The County also purchased a 17.3 acre site from Fralin and Waldron for $260,440 and donated it to the Foundation so that a shell building could be constructed. A multi-party agreement was executed by the development partners stipulating that the occupant of the shell building would have an investment goal of over $10 million within three years of occupancy. The estimated tax revenues from this investment would pay back the County for the purchase of the land. If a manufacturing company met the investment goal, the Authority could discount the note on the land and release the Foundation from its obligation to repay the County for its purchase of the land. Dragon Chemical Corporation's investment of $4,800,000 will generate enough taxes to meet half of the investment goal. Staff has calculated that the Company could meet the goal if the Board of Supervisors would consider a payback period of 5 years. Also, staff conversations with the Virginia Department of Business Assistance indicate that Dragon is a "qualifying industry" and will relieve the County of its obligation to reimburse VDOT for the road costs. The total amount of estimated new taxes of $250,642 over 5 years will provide the Board of Supervisors a 5 -year payback on its original investment. These new tax revenues, combined with $64,000 which the County will receive when the property is sold to Dragon, will more than cover the $196,000 discount of the note and the $90,000 of proposed incentives for utility connection fees for water, sewer, fire service, and a site development grant. Staff recommends that the Board of Supervisors authorize the County Administrator to execute a performance agreement with Dragon Chemical Corporation on a form approved by the County Attorney. FISCAL IMPACT: Staff estimates that new tax revenues of $250,642 and the $64,000 from the sale of the land will more than offset the $90,000 public private partnership funds and the $196,000 note payment within 5 years of occupancy. Funds for the Utility connection fees have been appropriated to the Economic Development Capital Account as part of the FY 1999-2000 Budget. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Administrator to execute a performance agreement, on a form approved by the County Attorney, with Dragon Chemical Corporation that would authorize the County to expend public private partnership funds in the amount of $90,000 for utility connection fees and site development and recognize a 5 -year payback period for this company. Respectfully submitted: Timothy VGubala, Director Department of Economic Development Approved: Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved (X) Motion by: Johnson to authorize execution Harrison X _ Denied () of Performance Agreement Johnson _ X Received () McNamara_ _ X Referred () Minnix _ X _ To () Nickens _ X _ cc: File Tim Gubala, Economic Development Diane Hyatt, Finance Department AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-5 EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION, INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expires on October 4, 1999; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about October 4, 1999; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on September 28,1999, and the second reading of this ordinance was dispensed with by an affirmative vote of four- fifths of the members of this board. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after October 4, 1994, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on October 4,1999, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Minnix to adopt the ordinance and appoint the negotiating committee, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Community Relations Dr. Jean James, Roanoke County Schools Forest Jones, Salem City Clerk James Dickey, Roanoke County Cable Television Committee Lou Carruth, General Manager, Adelphia Communications AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-6 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF ROANOKE AMENDING AND SUPERSEDING PREVIOUS AGREEMENTS, PROVIDING FOR THE SALE OF BULK AND SURPLUS WATER FOR A TERM OF YEARS, ESTABLISHING RATES, AND THE APPROPRIATION OF FUNDS THEREFOR WHEREAS, Section 15.2-1102 and 15.2-2112 of the Code of Virginia, 1950, as amended, authorizes counties to negotiate and execute contracts for the purchase and sale of water; and, WHEREAS, Roanoke County and the City of Roanoke desire to promote regional sharing of water supplies in the Roanoke Valley to help ensure a continued adequate supply of water for their citizens; and other cooperative efforts for their mutual benefit and the benefit of their citizens; and, WHEREAS, Roanoke County has agreed to sell water to the City of Roanoke from Spring Hollow Reservoir for these purposes, and desires to continue said water sales for a term of twenty (20) years; and, WHEREAS, the County and the City intend to amend and supersede previous agreements between them to accomplish these goals; and, WHEREAS, the first reading of this ordinance was held on September 14,1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Chairman of the Board of Supervisors is hereby authorized to execute an agreement with the City of Roanoke for the sale of bulk water and surplus water, upon the concurrence of the Utility Director, and upon form approved by the County Attorney. 2. That the rates or charges for said water shall be at a bulk base rate of $2.75 per 1000 gallons with annual adjustments based upon the Consumer Price Index. This rate shall apply retroactively to July 1, 1999 to all water purchased in bulk or traded by either the City or the County. Further the County shall pay the City the sum of $1,600,000 in satisfaction of its obligations to purchase water under the January 27, 1995 Addendum to the 1979 Contract between the County and the City. This sum is hereby appropriated from the FY 1999-2000 Utility Operating budget. 3. That the City shall have the right to purchase up to 4 Million Gallons per Day (MGD) of water from the County. The City agrees to sell surplus water to the County. Both the City and the County shall have the right to transport up to 3 MGD of water through the other's water distribution system at no cost or expense to the party causing or desiring the water to be transported. 4. That the initial term of this agreement shall expire June 30, 2020. 5. That this ordinance shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: -�• Q Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Utility Director Diane Hyatt, Finance Director Paul Mahoney, County Attorney William Hackworth, Roanoke City Attorney James Ritchie, Acting Roanoke City Manager Mary Parker, Roanoke City Clerk Kit Kiser, City of Roanoke G:\COM MON\Sept28\9-28CITYWATR. #06.wpd AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-7 APPROVING AND AUTHORIZING AN AGREEMENT WITH THE COUNTY OF BOTETOURT TO PROVIDE WATER TO A PORTION OF BOTETOURT COUNTY, INCLUDING THE OPTION TO SELL A PORTION OF THE READ MOUNTAIN WATER COMPANY TO BOTETOURT COUNTY WHEREAS, by Ordinance 060899-2 adopted on June 8, 1999, the Board of Supervisors of Roanoke County approved and authorized the acquisition of the assets of the Read Mountain Water Company; and, WHEREAS, the County desires the consent of Botetourt County to provide water supplies and to operate a water supply system within its boundaries, pursuant to Section 15.2-2143 of the Code of Virginia, 1950, as amended, since a portion of the utility service area of said water company lies within Botetourt County; and WHEREAS, Roanoke County grants and conveys to Botetourt County the option to purchase the assets of said water system located in Botetourt County for a price equal to the fair market value of such assets at the time of purchase, and this option may be exercised anytime within the renewable ten year term of this agreement; and, WHEREAS, the first reading of this ordinance was held on September 14, 1999, and the second reading was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, as follows: 1. That an agreement between Roanoke County and Botetourt County to provide water to customers within the service area of the Read Mountain Water Company in the southern portion of Botetourt County, is hereby approved and authorized. 1 2. That this agreement provides Botetourt County's consent to this purchase of the Read Mountain Water Company by Roanoke County, and provides Botetourt County with an option to purchase the assets of the water system located in Botetourt County for a price equal to the fair market value of such assets anytime during the renewable ten year term of this agreement. 3. That the County Administrator is hereby authorized to execute said contract on behalf of the citizens and Board of Supervisors of the County of Roanoke, subject to the review and approval of the final contract amendment by the County Administrator and the County Attorney. On motion of Supervisor Johnson to adopt the adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Utility Director Paul Mahoney, County Attorney Diane Hyatt, Finance Director Gerald A. Burgess, Botetourt County Administrator G:\COMMON\Sept28\BOTSELL.ORD 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-8 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 28, 1999 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 3, inclusive, as follows: 1. Approval of minutes - August 10, 1999, August 24, 1999 2. Appropriation of $3,114 Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. 3. Adoption of resolution to file Public Library Internet Access Policy With the Library of Virginia. 4. Confirmation of Committee appointment to the Grievance Panel 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 resolution with Item J-4 added, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Skip Burkart, Commonwealth Attorney Spencer Watts, Library Director Joseph Sgroi, Human Resources Director cc: File ACTION # 092899-8.a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Appropriation of Compensation Board reimbursement for additional capital purchase for the Commonwealth Attorney's Office. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the course of a fiscal year, the Compensation Board reimburses localities for specific expenses relating to the operations of the Constitutional Officers. Reimbursable expenses include salaries, fringe benefits, certain operational costs, and limited capital expenditures. An additional capital item has been funded by the Comp Board for the Commonwealth Attorney that was not included in the original budget appropriation. During the course of some fiscal years, Compensation Board budgets are not depleted and, upon request of the Constitutional Officer, may be reallocated to cover previously unbudgeted items. The Commonwealth Attorney has requested additional funds from the Compensation Board for the purchase of 2 replacement computers. The Comp Board has approved this request (copy of approval attached) and the reimbursable cost is $3,114. FISCAL IMPACT: No fiscal impact to County funds. Approval of this request will increase state revenue reimbursements and the expenditure budget by equal amounts. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to increase revenues from the state for Compensation Board reimbursement by $3,114 and to increase the Commonwealth Attorney's budget by $3,114. Respectfully submitted, I �� &�- -- W. Brent Robertson Budget Manager X by, Elmer C. Hodge County Administrator -7_.. ---------------------------- ------------------------------- ------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by Nickens to approve Harrison X appropriation Johnson _ X Denied () McNamara_ X Received () Referred Minnix _ X () To Nickens X () cc: File Skip Burkart, Commonwealth Attorney's Office Brent Robertson, Budget Manager Diane Hyatt, Finance Se's: (7� Part IV Equipment SCB90O08 G9/�5 9 Office Total -,T- YY: 2000 Loc: 161 Off: 320 Officer: F W BURKART III " N tyy TO AL N Tot Cst CATEGORY A: R Qt R Tot Cst (DATA-PROCESSING) Tot Qty Tot Cost Stress Factor 2 4462 2 4462 3114 2 4462 2 4462 3114 TOTAL CATEGORY B: (OFFICE EQUIPMENT) TOTAL CATEGORY C: (FURNITURE) 5 5465 5 5465 3813 0 Grand Total: 5 5465 2 4462 7 9927 6927 2 4462 2 4462 3114 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-8.b ADOPTING AN ACCEPTABLE INTERNET ACCESS POLICY FORTHE ROANOKE COUNTY PUBLIC LIBRARYAND DIRECTING THE FILING OF THIS INTERNET ACCESS POLICY WITH THE LIBRARIAN OF VIRGINIA WHEREAS, the 1999 Session of the General Assembly of Virginia enacted House Bill 1043 [The Jackson Bill] adding Section 42.1-326.1 to the Code of Virginia, which legislation requires the governing body of every county, city and town in the Commonwealth to adopt and then file an acceptable use policy for the international network of computer systems commonly known as the Internetwith the Librarian of Virginia by December 1, 1999; and, WHEREAS, the Roanoke County Public Library has developed an Internet Access Policy for the county's libraries which attempts to fairly balance the competing interests of promoting citizen access to the wide scope of beneficial and educational information available on the Internet with the rights of citizens to protect themselves and their children from potentially dangerous and undesirable information which may also be available via the Internet; and, WHEREAS, this proposed Internet Access Policy has been reviewed by and adopted by the Roanoke County Library Board and its Director in June of 1999; and, WHEREAS, Roanoke County is legally required by the Code of Virginia to file an acceptable Internet Use Policy with the Librarian of Virginia on or before December 1, 1999. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the "INTERNET ACCESS POLICY & USE GUIDELINES" approved and adopted by the Roanoke County Library Board and the Director of the Roanoke County Libraries as of June, 1999, is hereby accepted and approved as the official Internet Use Policy of the County of Roanoke. 2. That the Director of the Roanoke County Libraries is hereby directed to file this Roanoke County Internet Use Policy with the Librarian of Virginia by not later than November 1, 1999. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Spencer Watts, Library Director ACTION # 092899-8.c ITEM NUMBER y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1999 AGENDA ITEM: Confirmation of Committee appointment to the Grievance Panel COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Grievance Panel At the August 24, 1999 Board meeting, Supervisor Nickens nominated Cecil Hill to serve another three-year term which will expire September 27, 2002. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed by the Board of Supervisors. Respectfully submitted, Appro ed by, m Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved (X) Motion by: Nickens to confirm appointment Harrison X _ Denied () Johnson _ X Received () McNamara_ _ X Referred () Minnix _ X _ To () Nickens X _ cc: File Committee File Joe Sgroi, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 RESOLUTION 092899-9 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution; that Supervisor Johnson did not participate in discussion of acquisition of real estate; and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: '-4- Mary H. Allen, CMC/AAE Clerk to the Board cc: File Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999, RESOLUTION 092899-10 OF CONGRATULATIONS TO THE ROANOKE STAR GIRLS U14 SOCCER TEAM FOR THEIR ACHIEVEMENTS IN THE GOTHIA CUP IN SWEDEN AND BRONDBY CUP IN DENMARK WHEREAS, the Roanoke Star Girls U14 soccer team recently participated in two international tournaments; and WHEREAS, the team first attended the Gothia Cup in Gothenberg, Sweden, which is the largest youth tournament in the world, with teams participating from over 70 different countries; and WHEREAS, at the Gothia Cup, the girls advanced as the #1 team in their division through four rounds, before losing to the #2 team in the last seven minutes of play; and WHEREAS, the Roanoke Star Girls U14 soccer team then played at the Brondby Cup in Brondby, Denmark, where they won the "A" Division tournament without losing a game and outscoring their opponents 20-2; and WHEREAS, the Roanoke Star Girls U14 soccer team is the first team from the Valley to win an "A" Division tournament, and the first Girls team to advance in the Gothia Cup "A" division; and WHEREAS, all the team members played outstanding games, especially the defense, led by goalie Mary Dodson, which allowed only 4 goals during the entire trip. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby congratulate the members of the Roanoke Star Girls U 14 soccer team: Jeni Banning, Andrea Demarco, Mary Dodson, Danielle Greco, Elizabeth Hale, 1 Lindsay Leffler, JoJo Mirenda, Dani Poe, Lindsay Schaffer, Carlie Smith, Ariel Thompson, Clair VanBuren, Sacsha Whitenack, Maya Chapman, Brynn Angel, Amy Lawrence, Coach Lang Wedemeyer, and Coach Hunter Balmer, for their outstanding showing at the Gothia Cup and the "A" Division win at the Brondby Cup, and BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby extend its appreciation for the sportsmanship, skill and team effort that the U14 team demonstrated as representatives of the Roanoke Valley. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Resolutions of Congratulations File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 RESOLUTION 092899-11 AUTHORIZING THE ISSUANCE OF $6,920,000 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 $6,920,000 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 28, 1999 on the issuance of school bonds in an amount not to exceed $6,920,000. 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: 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 $6,920,000 (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. 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 98% 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 12 1999, 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"). 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 1999"; 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, 2000, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 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 1/2%) 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. 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. 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. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2010, 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, 2010, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2010, 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, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates July 15, 2010 to July 14, 2011, inclusive July 15, 2011 to July 14, 2012, inclusive July 15, 2012 and thereafter .......... Prices 102% .................... 101 .................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 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. 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. 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. 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. 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). 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. 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. 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 28, 1999, 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 Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 30th day of September, 1999. A copy teste: Mary H. Allen, CMC/AAE Clerk, Board of Supervisors of the County of Roanoke, Virginia cc: File Diane Hyatt, Director, Finance Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Paul Mahoney, County Attorney Steven A. McGraw, Clerk of Circuit Court AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,September 28, 1999 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1999, the following persons were present or absent as shown: PRESENT: Supervisors Minnix, Harrison, Nickens, Johnson ABSENT: Supervisor McNamara Upon motion by Supervisor Harrison, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor McNamara Absent Supervisor Minnix Yes Supervisor Harrison Yes Supervisor Nickens Yes Supervisor Johnson Yes NO. TR -1 EXHIBIT A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1999 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Six Million Nine Hundred Twenty Thousand Dollars ($6,920,000), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2000 and annually on July 15 thereafter to and including July 15, 2019 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on July 15, 2000 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2010, 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, 2010, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2010 to July 14, 2011, inclusive .................... 102% July 15, 2011 to July 14, 2012, inclusive .................... 101 July 15, 2012 and thereafter .............................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-12 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 33 ACRES OF REAL ESTATE LOCATED ADJACENT TO MERRIMAN ROAD NEAR THE BLUE RIDGE PARKWAY (TAX MAP NO. 97.03-2-2) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF DON BANDY WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; 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 approximately 33 acres, as described herein, and located adjacent to Merriman Road near the Blue Ridge Parkway (Tax Map Number 97.03-2-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Don Bandy. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a) That the property will be developed for a single-family residential subdivision in substantial conformity with the development plan prepared by Lumsden Associates under date of July 13, 1999. (b) That the architectural design guidelines for Lots 20 through Lots 25, Merriman Manor, attached hereto as Exhibit A, shall be incorporated for Lots 20 through 25. (See attachment) 4. That said real estate is more fully described as follows: BEGINNING at an iron on the westerly side of Va. Sec. Rt. 613 corner to Mae Hunley property (DB 727, page 292); thence with the westerly side of Rt. 613 along the arc of a circle to the left whose radius is 1422.24 feet and whose chord is S 24 ° 03'33" W 245.37 feet, to an arc distance of 245.67 feet to a point; thence S 19 ° 06'45" W 370.56 feet to a point on the westerly side of existing Rt. 613; thence with the line of the same S 49 ° 05'W 105.28 feet to a point; thence S 36 ° 00'W 115.73 feet to an iron; thence leaving Rt. 613 and with the northerly line of R. P. Shepherd property S 56 ° 17'36" W 378.93 feet to an old pin; thence with the line of the Stanley property N 60 ° 30' 24" W 897.16 feet to an old pipe on line of Beasley property; thence with the line of Beasley property N 56 " 01' E 217.60 feet to a point by a corner post; thence N 36 ° 17'W 435.09 feet to a pin set; thence still with the line of Beasley property, N 53 ° 43' E 786.43 feet to a pin set by a corner post; thence with the southerly line of J. J. Wilkerson property S 81 ° 07' 30" E 506.50 feet to a point; thence S 48 ° 58'40" E 540.87 feet to the BEGINNING and containing 32.35 acres and being shown on map made by T. P. Parker & Son, E&S, dated 5/31/74. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: -5tvl - Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-13 TO CHANGE THE ZONING CLASSIFICATION OFA.98-ACRE TRACT OF REAL ESTATE LOCATED AT 4231 GARST MILL ROAD (TAX MAP NO. 77.05-6-17) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF ROANOKE REBOS, INC. WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading and public hearing were held September 28, 1999; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 7, 1999; 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 .98 acre, as described herein, and located at 4231 Garst Mill Road (Tax Map Number 77.05-6- 17) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Residential District, to the zoning classification of C- 1, Office District. 2. That this action is taken upon the application of Roanoke Rebos, Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a) The property shall be used only for the activities and offices of Roanoke Rebos or those accessory associations affiliated with the organization. (b) The property shall be approved for use as a civic club only. Other uses require a rezoning. (c) During construction of the new structure, removal of the existing trees shall be minimized. (d) The overall appearance of the new structure shall be residential in character. 4. That said real estate is more fully described as follows: BEGINNING at the southwesterly intersection of Halevan Road with Garst Mill Road; thence with the easterly right of way of Garst Mill Road and with a curve to the right an arc distance of 405.94 feet to the true point of BEGINNING; thence continuing with the westerly right of way line of Garst Mill Road, and with a curve to the right whose delta angle is 12 ° 05'07" and whose radius is 1120.92 feet, and whose arc distance is 236.43 feet to a chord bearing and distance of s 16 ° 46'20" w 235.99 feet to an iron pin; thence leaving the said Garst Mill Road, N 78 ° 26,45" W 190.46 feet to an iron pin; thence N 15 ° 42' 23" E 200.00 feet to an iron pin; thence with a new division line through the land of A. R. Coffey & Sons, Inc. S 88 ° 39' 00" E 200.62 feet to an iron pin marking the true point of BEGINNING, and containing 0.9825 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUN TY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1999 ORDINANCE 092899-14 VACATING AND CLOSING AN UNIMPROVED AND UNUSED PORTION OF RIGHT-OF-WAY KNOWN AS CAVE SPRING LANE IN SECTION 3, NOTTINGHAM HILLS SUBDIVISION SHOWN IN PLAT BOOK 7, PAGE 32, SITUATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT OF ROANOKE COUNTY WHEREAS, Ron F. Cave and Michele C. Cave, the Petitioners, have requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close as public right-of- way an unimproved and unused portion of Cave Spring Lane, being 50 feet in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, Page 32; and, WHEREAS, Ron F: Cave and Michele C. Cave are the owners of Lot 9, Block 10, Section 3, Nottingham Hills (Plat Book 7, page 32), designated on the Roanoke County Land Records as Tax Map No. 76.20-5-22, said parcel of land being adjacent to the south side of the subject portion of right-of-way; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; 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 14, 1999; the public hearing and second reading of this ordinance was held on September 28, 1999. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved and unused portion of right-of-way, situate in the WINDSOR HILLS Magisterial District and known as Cave Spring Lane, being 50' in width and extending approximately 158.31 feet in an eastern direction from the eastern cul-de-sac of Cave Spring Lane, as shown and dedicated on the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", recorded in the aforesaid Clerk's Office in Plat Book 7, Page 32, and as more specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), subject to the following conditions: a. That a perpetual water, sewer, drainage, greenway and public utility easement, fifty feet (50') in width, and extending easterly from the eastern cul-de-sac of Cave Spring Lane a distance of approximately 158.31 feet, to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present or future water, sewer, drainage, or public utility lines, pipes, courses, ditches, facilities, systems and other necessary or related structures, appurtenances and improvements, together with the right of ingress and egress thereto from a public road, is hereby reserved and retained. The location of said easement is shown and designated as "RIGHT OF WAY TO BE VACATED AND TO REMAIN A 50' WATER, SEWER, DRAINAGE, GREENWAY AND PUBLIC UTILITY EASEMENT" on the 'Map Showing Area To Be Vacated - Tax Map No. 76.20-5-22', prepared by the Roanoke County Department of Community Development, attached hereto as Exhibit A and made a part hereof. b. That fee simple title to the subject portion of Cave Spring Lane, located on the periphery of the plat entitled "MAP OF SECTION 3, NOTTINGHAM HILLS", shall vest in the owner of the abutting lot as provided in §15.2-2274 of the Code of Virginia (1950, as amended), subject to the reservation of easements described in subparagraph a. above, and subject to the condition that the vacated area of land shall be added and combined, by deed or 2 by plat, with said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. C. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner; and, 2. 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. 3. 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 Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Arnold Covey, Director, Community Development 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, SEPTEMBER 28, 1999 ORDINANCE 092899-15 TO VACATE A MAJOR PORTION OF A 20 - FOOT WATER LINE EASEMENT, PLAT BOOK 12, PAGE 33, (RESUBDIVIDED IN PLAT BOOK 16, PAGE 56; PLAT BOOK 18, PAGE 97; AND PLAT BOOK 19, PAGE 40) ACROSS PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORPORATION AT VALLEY PARK CENTER, VALLEYPOINTE (TAX MAP NO. 37.07-1-16,16.1 AND 17), LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, by plat entitled `PLAT SHOWING NEW TRACTS 1 D, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, a twenty -foot (20') water line easement was dedicated on New Tract 3B, New Tract 4A, and the remaining portion of Tract #3, the subject easement being designated on said plat as "NEW 20' WATER LINE EASEMENT"; and, WHEREAS, the subject easement is further shown on Tract 3B, New Tract 3D and Tract 4A on plat entitled `PLAT SHOWING THE COMBINATION AND RESUBDIVISION OF TRACT #2 (0.644 ACRES).... CREATING NEW TRACT 3D, 10.644 ACRES AND NEW TRACT 3E, 5.955 ACRES, PROPERTY OF LINGERFELT DEVELOPMENT CORPORATION, PROPERTY OF GESTALT PROPERTIES, L.P....', dated January 19, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 56; and, WHEREAS, the subject easement is further shown on Tract 313, New Tract 3D-1, and Tract 4A on plat entitled 'PLAT SHOWING THE RESUBDIVISION OF TRACT 3D (10.644 ACRES), TRACT 1 D1 (2.473 ACRES), AND TRACT 3E (5.955 ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP....', dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and, WHEREAS, the subject easement is further shown on Tract 313, New Tract 3D - 1A, and New Tract 4A-1 on plat entitled 'PLAT SHOWING THE RESUBDIVISION OF TRACT 3D-1 (9.192 ACRES), TRACT 4A (2.764 ACRES), TRACT 3E-1 (6.399 ACRES) AND TRACT 2C (0.168 ACRES) PROPERTY OF LIBERTY PROPERTY DEVELOPMENT CORP. CREATING HEREON NEW TRACTS 3D -1A (4.424 ACRES), 4A-1 (2.733 ACRES), 3E -1A (11.238 ACRES)_% dated September 6, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 40; and, WHEREAS, the Petitioner, Liberty Property Development Corporation, is the current owner of the properties where the above-described easement is located, and has requested that the 20' water line easement, or portions thereof, be vacated; and, WHEREAS, the water line has been removed and the easement is no longer needed and the Petitioner has requested that a portion of the easement be vacated pursuant to § 15.2-2272.2 of the Code of Virginia (1950, as amended); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; 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 14, 1999, and the second reading of this ordinance was held on September 28, 1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke 2 County, Virginia, as follows: 1. That the water line easement being designated and shown as "Existing Water Line Easement to be vacated from Point A to Point B" on Exhibit A attached hereto, said easement having been dedicated on 'PLAT SHOWING NEW TRACTS 1 D, 1 E, 1 F, 3A, 3B, & 4A BEING A RESUBDIVISION OF ORIGINAL TRACTS 3 & 4 (P.B. 10, PG. 149) AND REMAINING PORTION OF TRACT 1A1 (P.B. 11, PG. 184), dated September 12, 1989, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 33, and further shown on resubdivision plats recorded in Plat Book 16, page 56, Plat Book 18, page 97, and Plat Book 19, page 40, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 3. That the County Administrator, or an Assistant County Administrator, 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 3 following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 19