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HomeMy WebLinkAbout9/23/2003 - Adopted Board RecordsACTION NO. A-092303-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to approve a contract with the City of Roanoke, City of Salem, County of Botetourt and Town of Vinton for the upgrade and expansion of the present sewage treatment facility SUBMITTED BY: APPROVED BY: Gary Robertson Utility Director Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The proposed contract is in essentially the same form as has previously been discussed with the Board in work sessions and closed sessions. Staff is in the process of arranging a joint signing ceremony for the participating localities. BACKGROUND INFORMATION The five valley governments (City of Salem, City of Roanoke, Town of Vinton, and the Counties of Roanoke and Botetourt) have been working on a plan for upgrading and expanding the wastewater treatment facility since 1999. The five partners have agreed on a cost sharing plan and the necessary improvements to increase wet weather flow capacity at the treatment plant. This plan has also been approved by the Department of Environmental Quality. SUMMARY OF INFORMATION: Construction drawings for the $47 million dollar project have been completed and divided into three contracts (A, B & C). Contract A has been bid and is in the process of being approved for construction. Contracts B and C will be bid in late fall 2003 and early winter 2004. (Roanoke County's share of the project will be $11.3 million dollars.) The plant was expanded from 35 million gallons per day (MGD) to 42 MGD with the 1994 improvements. This project will increase the capacity to at least 55 MGD and possibly to 62 MGD under certain conditions. Prior to award of the construction contract, a new agreement between the five partners' jurisdictions must be executed. This agreement has been reviewed, negotiated, and approved by County staff and other partnering jurisdictions. Jurisdiction 1994 Flow Share % 1994 Cost Share % 2003 Flow Share % 2003 Cost Share Flow Ca acit Existing 42 MGD Expanded 55 MGD City of Roanoke 45.7% 37.3% 45.7% 45.7% 19.2 25.1 Roanoke County 24.5% 29.2% 24.5% 24.5% 10.3 13.5 Salem 18.4% 20.9% 18.4% 18.4% 7.7 10.1 Vinton 4.9% 5.6% 4.9% 4.9% 2.1 2.7 Botetourt County 6.5% 7% 6.5% 6.5% 2.7 3.6 TOTALS 100.0% 100.0% 100.0% 100.0% 42.0 55.0 Roanoke City Council is scheduled to approve this agreement at its meeting on October 6, 2003; Vinton's Council on October 7, 2003; Salem's Council on October 13, 2003; and Botetourt's Board of Supervisor's on October 28, 2003. This contract is available for your review in the offices of the County Attorney or the Utility Director. FISCAL IMPACT: The County's portion of the Wastewater Treatment Upgrade is $11.3 million. This project will be financed with a subsidized loan from the Virginia Water Quality Revolving Fund, to be issued through the Virginia Resources Authority As part of the new wastewater contract, the percentage for which the County is responsible is reduced from 29.2% to 24.5%. The City will reimburse the County $706,345 to retroactively change this percentage for the first upgrade. This reimbursement will be credited against the first five bills that the City sends the County for expenses related to the current upgrade. This credit had been factored into the County's estimated expense of $11.3 million. In addition, there will be some expenses that do not qualify for reimbursement through the loan program (such as easement acquisition). There is approximately $500,000 of County sewer funds remaining in the capital account for the completed phases of the Wastewater Treatment Plant Upgrade. These funds can be moved to this new Upgrade and used to pay for these non -qualifying expenses. In July, 2002, the County received a check of $545,164 from Roanoke City as a reimbursement in the first upgrade. We were required by VRA to use this check to downsize the County's previous VRA loan. 2 Later this evening, the Board will hold a public hearing on borrowing $11.3 million to finance the County's portion of this upgrade. Following the public hearing, the Board will be asked to adopt a resolution, and appropriate funding for this project. STAFF RECOMMENDATION: Staff recommends authorizing the Chairman of the Board of Supervisors to execute the agreement, upon form approved by the County Attorney. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Gary Robertson, Director, Utility Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Diane D. Hyatt, Chief Financial Officer 3 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Gary Robertson, Director, Utility Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Diane D. Hyatt, Chief Financial Officer 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2 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 23, 2003 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 5, inclusive, as follows: 1. Approval of minutes - September 9, 2003 2. Confirmation of committee appointment to the Industrial Development Authority 3. Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 4. Resolution of appreciation upon the retirement of Sandra K. Sutherland, Social Services Department, after twenty-two years of service 5. Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: o�- Brenda J. Ho on, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services Sheriff Gerald Holt Rebecca Owens, Director, Finance 2 ACTION NO. A -092303-2.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Confirmation of committee appointment to the Industrial Development Authority SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: INDUSTRIAL DEVELOPMENT AUTHORITY At the September 9, 2003 meeting, Supervisor Minnix nominated Neil A. Gallagher, Cave Spring Magisterial District, to serve an additional four-year term which will expire on September 26, 2007. STAFF RECOMMENDATION: It is recommended that the above appointment to the Industrial Development Authority be confirmed. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Industrial Development Authority File Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Industrial Development Authority File ACTION N0. A -092303-2.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 SUBMITTED BY: Gary Robertson Utility Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developers of Orchard Park, Section 4, F & W Community Development Corporation, have requested that Roanoke County accept the deed conveying the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates, PC entitled Orchard Park, Section 4, which is on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $19,590 and $24,520.00 respectively. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements, and authorize the County Administrator to execute a deed for the transfer of these facilities. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; and WHEREAS, Ms. Sutherland has served with professionalism and integrity, and 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 1 County to SANDRA K. SUTHERLAND for more than twenty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. H ton, CMC Deputy Clerk cc: File Resolution of Appreciation File Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; and WHEREAS, Ms. Sutherland has served with professionalism and integrity, and 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 1 County to SANDRA K. SUTHERLAND for more than twenty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: &4-4- 0 4dAl-, Brenda J. H ton, CMC Deputy Clerk cc: File Resolution of Appreciation File Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; MATS] WHEREAS, Ms. Sutherland has served with professionalism and integrity, and 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 SANDRA K. SUTHERLAND for more than twenty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: atajd�. 0 40�� Brenda J. H ton, CMC Deputy Clerk cc: File Resolution of Appreciation File Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services 2 ACTION NO. A -092303-2.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program SUBMITTED BY: APPROVED BY: Gerald S. Holt Sheriff Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Grant funding approval has been received from the State Department of Education for the adult literacy and basic education/GED program operated by Roanoke City Schools and administered by TAP - This Valley Works, under the auspices of the Roanoke County/City of Salem jail facility. The funding period is from July 1, 2003 through June 30, 2004. The total funding is in the amount of $7,275. Matching funds in the amount of $14,299 are required and will be supplied from the Sheriffs Office inmate sub -fund. Acceptance of this grant will require no additional funding from the Board of Supervisors. FISCAL IMPACT: None. Matching funds are available in the Sheriff's Office budget. ALTERNATIVES: 1. Accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. 2. Do not accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. STAFF RECOMMENDATION: Staff recommends Alternative #1. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Sheriff Gerald Holt Rebecca Owens, Director, Finance 2 Yes No Abs Mr. Flora ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Minnix ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: File Sheriff Gerald Holt Rebecca Owens, 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 23, 2003 RESOLUTION 092303-3 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 2.2-3712 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: &A -1 - Brenda J. Hd1ton, CMC Deputy Clerk 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 23, 2003 RESOLUTION 092303-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REVENUE BOND, SERIES 2003, IN THE MAXIMUM PRINCIPAL AMOUNT OF $11,300,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Revenue Bond, Series 2003, in the maximum principal amount of $11,300,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to (i) finance the County's portion of upgrades to the Roanoke Regional Wastewater Treatment Facility and (ii) pay the costs of issuance of the Bond (the "Project"). B. On September 23, 2003, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Resources Authority ("VRA), as administrator of the Virginia Water Facilities Revolving Fund, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. D. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement") between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA and the Financing Agreement dated as of February 1, 2000 (the "2000 Financing Agreement") between the County and VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 ( the "1996 Bond") and Sewer Revenue Bond, Series 2000 (the "2000 Bond"), with respect to the pledge of Revenues. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: -1- 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $11,300,000, and to award and sell the Bond to VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Revenue Bond, Series 2003." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $11,300,000, (ii) the interest rate on the Bond shall not exceed three and seventy-five hundredths percent (3.75%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2026. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery to VRA of the Bond on the County's behalf. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement and 2000 Financing Agreement, and will be secured on parity with the 1996 Bond and the 2000 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. -2- 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to VRA upon payment of the first principal advance thereunder. An authorized representative of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration Transfer and Exchange. The Board appoints the Chief Financial Officer as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Chief Financial Officer, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Chief Financial Officer, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. -3- E 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Chief Financial Officer may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated Lost Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Chief Financial Officer and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Chief Financial Officer evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Chief Financial Officer. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12. Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Further Actions, Authorized Representative. The Chairman, the County Administrator and the Chief Financial Officer and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Chief Financial Officer are designated the County's Authorized Representatives for purposes of the Financing Agreement. 14. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 15. Effective Date. This Resolution shall take effect immediately. 6 -4- On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Y Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility I hereby certify that the foregoing is a true and correct copy of Resolution 092303-4 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 23, 2003. Q kle� Brenda J. Hdlton, Deputy Clerk Roanoke County Board of Supervisors -5- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-5 AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AMOUNT OF $23,000,000 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 $23,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on September 23, 2003, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,000,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds. WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the amount of the discount (plus an amount equal to the Proceeds Requested) the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 0 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 the aggregate principal amount not to exceed $23,000,000 (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 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 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 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 2003" (or such other designation as the County Administrator may approve) 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, 2004, 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. 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 no more than 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 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. 2 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) SunTrust 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, 2013, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2013 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, 2013 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2013 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, 2013 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, 2013 to July 14, 2014, inclusive ........................................... 101% July 15, 2014 to July 14, 2015, inclusive ........................................... 100.5 July 15, 2015 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 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 6 3 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. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non -Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate, if required 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. M 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. 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. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Penny Hodge, Director, Schools Budget & Finance I hereby certify that the foregoing is a true and correct copy of Resolution 092303-5 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 23, 2003. &t� 9. Brenda J. H Iton, Deputy Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2003 ORDINANCE 092303-6 TO CHANGE THE ZONING CLASSIFICATION OF A .777 -ACRE TRACT OF REAL ESTATE LOCATED ON PLANTATION ROAD (TAX MAP NO. 27.06-5-10) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-1 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF EP PROPERTIES, LC WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; and law. WHEREAS, legal notice and advertisement has been provided as required by 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 777 acres, as described herein, and located on Plantation Road (Tax Map Number 27.06-5-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of 1-1, Industrial District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of EP Properties, LC. 3. That said real estate is more fully described as follows: BEGINNING at a point on the northwest corner of the property of Page Distributing Company, Inc. and First Union National Bank of Virginia being Tax Map #27.06-5-2 and along the northerly side of Plantation Road (VA Route 115) N. 17° 08' 53" W. 170.85 feet to a point; thence leaving said Plantation Road N. 1 600 40' 12" E. 192.84 feet to a point; thence S. 16° 55' 48" E. 180.00 feet to a point; thence S. 60° 40' 12" W. 192.14 feet to the Place of Beginning, and containing .777 acres as more particularly shown on "Plat Showing Rezoning Exhibit of Tax #27.06-5-20, Property of Page Distributing Company, Inc. 0.777 acres (DB 1364, page 234) currently Zoned 1-1, Being Rezoned to C-2 Situated along Plantation Road, Hollins Magisterial District, Roanoke County, Virginia," and prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, dated July 10, 2003. 4. 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. H ton, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 0�1 POANOKE COUNTY Applicants Name: EP Properties, PARTMENT OF L,C, % Gene Podell COMMUNITY DEVELOPMENT Zoning: Rezoning I-1 Proposed Zoning: C2 Tax Map No. 27.06-5-1 O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2004 ORDINANCE 092303-7 TO CHANGE THE ZONING CLASSIFICATION OF A .37 -ACRE TRACT OF REAL ESTATE LOCATED AT 5999 FRANKLIN ROAD (TAX MAP NO.98.04-2-20) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AVC WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF RICHARD ANDERSON WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; and law. WHEREAS, legal notice and advertisement has been provided as required by 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 .37 acres, as described herein, and located at 5999 Franklin Road (Tax Map Number 98.04-2-20) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AVC, Agricultural Village District, with conditions, to the zoning classification of C-2, General Commercial District, with conditions. 2. That this action is taken upon the application of Richard Anderson. 3. That the owner cf the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1 (1) Use of the property will be restricted to the sale and storage of the following: Oriental/Persian rugs, area rugs and flooring materials and antiques. (2) Signage shall be limited to a maximum of 140 square feet. (3) No off -premises signage shall be installed. 4. That said real estate is more fully described as follows: BEGINNING at an iron on the west side of U. S. Route 220 at the southerly corner of the .20 acre tract being herein described; thence with a new division line through the property of Howard T. Campbell estate, N. 630 35' W. 30 feet to an iron; thence N. 60 27'W. 79.7 feet to an iron; thence N. 150 26'W. 130 feet to an iron; thence still with a new division line N. 660 08' E. 60.8 feet to an iron on the west side of a driveway, which driveway is not included in the real property hereby conveyed; thence S. 230 43' E. 93.35 feet to an iron on the west side of U. S. Route 220; thence with the west line of U. S. Route 220, S. 30 37'W. 186.3 feet to the Beginning and containing .20 acre and being as more fully shown on survey made by T. P. Parker, SCE, dated 12 June 1965. 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 Flora, Church, Minnix, Altizer, McNamara NAYS: None ACOPY TESTE: 6tUj1--- Q 56�0-4111 Brenda J. Ho on, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 6 2 ^4NOKE COUNTY ARTMENT OF rOMMUNITY DEVELOPMENT Applicants Name: Richard N. Anderson Zoning: Rezoning: AVC Proposed Zoning: C2 Tax Map No. 98.04-02-20 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 ORDINANCE 092303-8 TO AMEND SECTION 30-93. SIGNS OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Planning Commission held a work session and public hearing on the proposed sign ordinance amendments on April 1, 2003; and WHEREAS, the Board of Supervisors of Roanoke County held a work session and public hearing on May 27, 2003, and referred this matter back to the Planning Commission for review; and WHEREAS, the Planning Commission held a work session and public hearing on this matter on September 2, 2003; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-93. Signs of the Roanoke County Code be amended to read and provide as follows: SEC. 30-93. SIGNS. Sec. 30-93-1. Purpose. (A) These regulations are intended to define, permit and control the use of signs. They have been established by the board to achieve the following community goals and objectives: 1. Protect the health, safety, and welfare of the public. 2. Promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. 3. Distribute equitably the privilege of using the public environs to communicate private information. 1 2. Signs required to be displayed or maintained by law or governmental order, rule or regulation. 3. Memorial tablets or signs, provided they are displayed by a public or quasi -public agency. 4. Directional signs provided that each such sign does not exceed five (5) square feet per sign, adveFtioiRg matter 5. Street address signs, not exceeding ten (10) square feet in size. 6. Non -illuminated signs, not more than three (3) square feet in area warning trespassers or announcing property as posted. 7. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On -premises real estate signs in residential or agricultural zoning districts not exceeding five (5) square feet in area, or on -premises real estate signs in commercial or industrial zoning districts not exceeding sixteen (16) square feet in area. On -premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 30-93-8(B). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right-of-way, and are removed within fourteen (14) days after the campaign. 12. Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30-93-4(A)5. and 7., which shall not be excluded. 14. On -premises agricultural product signs associated with the seasonal 6 3 with Section 30-93-9(B). 11. Signs or sign structures that are erected on, or extend over, a piece of property without the expressed written permission of the property owner or the owner's agent. 12. Any sign that due to its size, location or height obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property. Sec. 30-93-5. Sign Permits. (A) Except as provided in Section 30-93-3, no sign may be erected or displayed in Roanoke County without an approved sign permit. Applications for a sign permit may be obtained from the Roanoke County Department of community development. Signs that are not visible from a public right-of-way do not have to conform to the provisions of Section 30-93-13, District Regulations, and the square footage of such signs shall not be included when calculating allowable signage on a lot. (B) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (C) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs. In addition, the administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. (D) A non-refundable sign permit fee is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. previded the temporary GigRS requested are fGF the LZrY1l"TI_ year, nV bu 7eSc+ i (E) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots. (A) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the administrator shall make a determination. (B) For commercial or industrial uses, the front shall not be a primarily residential street. (C) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one-half the side street frontage, provided: 1. The side street does not front on a primarily residential area; 2. Sign area as determined by each frontage is placed only on the frontage from which it is determined. Sec. 30-93-8. Temporary Signs. (A) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 30-93-5. Except as provided in subsections (B) and (C) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: 1. Each business or use on a lot shall be allowed to display a r r M" ZMMM - wwgrmw ITMI - 7 without the expressed written consent of the adjoining property owner. Sec. 30-93-11. ffiNonconforming Signs. (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on -premises sign to an off -premises sign. C addition of • • or • to a nonconforming sign,constitute expansion of a nonconforming structure, and shall not be permitted under these -• • (G) NE)RGGRfGFM;Rg signs may re they are kept lR good repaiF, -. the fellewipky. • RE)RGORfGFMORg sign WhiGh .6 destFoyed- - exteXGeed;Rg fifty ent Fegulatiens. if the damage Gr de6tFUGtien iS fifty • replaGement value, the sign may be restered withiR ninety (90) days of the damage er deStFUGtien, but shall Ret .. eRlarged in any manner. use tG whiGh it is .. Y +s destroyed or demolished to the eXtGR .:. 9 (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. A maximum of thirty (30) square feet shall be allowed per use. Home Occupation Signs. A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one (1) home. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. ..WN z MY_ 6. No establishment shall be allowed more than four (4) signs. (B) AR, R-1, R-2, R-3, R-4 and R -MH Zoning District Regulations. 1. Lots within AR, R-1, R-2, R-3, R-4, and R -MH districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AR, R-1, R-2, R-3, R-4 and R - MH districts subject to the regulations contained herein: Business Signs. Each permitted business in a residential district shall be allowed a maximum of thirty (30) square feet of sign area, 6 11 allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on -premises freestanding sign shall be allowed on any lot having less thannne hundred (1 00) foot of Int frontage vrrc-t�vrTvr czx-t-rwTrccrvrro frontage The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 6. No establishment shall be allowed more than four (4) signs. (D) C-1 Office District Regulations. 1. Lots within a C-1 district shall be allowed a maximum signage allocation not to exceed one-half (0.5) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-1 Office District subject to the regulations contained herein: Business Signs. Each permitted business in a C-1 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. e 13 Mr 6. No establishment shall be allowed more than four (4) signs. (D) C-1 Office District Regulations. 1. Lots within a C-1 district shall be allowed a maximum signage allocation not to exceed one-half (0.5) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-1 Office District subject to the regulations contained herein: Business Signs. Each permitted business in a C-1 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. e 13 allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on -premises freestanding sign shall be allowed on an lot havin less than The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. Notwithstanding the above, the administrator may waive, in writing, the two hundred fifty -foot separation requirement between freestanding signs provided the administrator finds the following standards are met: a. No more than one (1) freestanding sign shall be allowed for each two fifty (250) feet of lot frontage, or portion thereof, under single ownership or control. b. The new freestanding sign is a monument sign with a maximum height of fifteen (15) feet and a maximum width of ten (10) feet. C. The placement of the sign in the desired location does not promote visual sign clutter on the property or surrounding area. d. In exchange for the placement of the new freestanding sign in the desired location, the applicant or property owner proposes, and agrees in writing to undertake, significant improvements to existing signage on the property. These improvements shall be designed to reduce existing sign clutter, enhance sign design, and promote the overall visual appearance of the property. e. All other sign ordinance requirements regarding the placement and size of the sign are met. 15 than The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 66-1. No establishment shall be allowed more than five (5) signs. Sec. 30-93-14. Special SigDistricts and Regulations. nage �. .. -• M M, a— • . r - - I - - • -TO - 17 preliminary development plan. All signage plans shall be of sufficient detail to allow the commission and board to judge the compatibility of the proposed signage with the character of the proposed PRD, PCD or PTD. At a minimum, all signage plans shall provide information on the general size, location, style, color, and materials of all signs proposed. In evaluating the PRD, PCD or PTD proposal, the commission and board shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (D) Airport Overlay District. The allowable height of signs within any established Airport Overlay District shall be governed by the height restriction for that district, or the height restriction imposed by the applicable district regulation, whichever is more restrictive. (E) Lots without Public Street Frontage. Lots without public street frontage that existed upon the effective date of this ordinance shall be allowed signage based upon the applicable district regulations as provided for in Section 30-93-13 of this ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. (F) Clearbrook village overlay district. Signage within the Clearbrook village overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook village overlay district shall comply with C-1 office district regulations with the following exceptions: 1. Lots within the Clearbrook village overlay district shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. Signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. 3. All freestanding signs shall be of a monument design and shall meet the following criteria: a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as not cast light onto the path of traffic or on any adjacent road or property. 4. No establishment shall be allowed more than three (3) signs. 5. A maximum of two (2) directional signs shall be allowed per lot, and no directional sign shall exceed two (2) square feet in size. 21 o �eihinh io not r�orm�non�l�t Temporary sign Any sign st�stUF oda xs ig�kuu t em affixed to tMill he ground, a building or other structure,t and/or an on -premise sign applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, yard sales, Christmas tree sales, business promotions, auctions and carnivals. For the purposes of these regulations, on -premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with Section 30-93-8. 2. That this ordinance shall be effective from and after is adoption. On motion of Supervisor Altizer to adopt the ordinance with the deletion of Paragraph 7 of Sec. 30-03-13 District Regulations (B) "Backlighted signs shall not be permitted in the R-1 zoning district," and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Q. 9:&� Brenda J. olton, CMC Deputy Clerk to the Board of Supervisors 23 cc: File Circuit Court Clifford R. Weckstein, Judge William Broadhurst, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Charles N. Dorsey, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Francis W. Burkart, III, Judge Theresa A. Childress, Clerk Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 24 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS RA ROLA O LATER VIRGINIA, HELD AT THE ROAN29 �poMl COUNTY,ON TUESDAY, SEPTEMBER RESOLUTION 093003-1 CERTIFYING THE CLOSEDMEETINGWAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIAd a WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convene date ursuant to an affirmative recorded vote and in accordance closed meeting on this p with the provisions of The Virginia Freedom of Information Act; and the WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. Supervisors of Roanoke NOW, THEREFORE, BE IT RESOLVED, that the Board of is certifies that, to the best of each members knowledge: County, Virgin hereby cer 1. YP uirements Only public business matters lawfully exempted from open meeting req 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 d discussed or considered by the Board of Supervisors of closed meeting were heard, Roanoke County, Virginia. ervisor Flora to adopt the resolution, and carried by the following On motion of Su p recorded vote: AYES : Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Minnix A COPY TESTE: ii i ' Diane S. Childers Clerk to the Board of Supervisors cc: File Closed Meeting File