9/25/2001 - Regular
September 25, 2001
541
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 25 2001
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of September, 2001.
IN RE: CALL TO ORDER
Chairman Minnix called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph
“Butch” Church, Supervisors Bob L. Johnson, Joseph
(Left at 8:00 p.m.)
McNamara, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; John M.
Chambliss, Assistant County Administrator; Dan R. O’Donnell,
Assistant County Administrator; Kathi B. Scearce, Community
Relations Director
IN RE: OPENING CEREMONIES
The invocation was given by The Reverend Brian Clingenpeel, Villa Heights
Baptist Church, and Chaplain, Fire and Rescue Department. The Pledge of Allegiance
was recited by all present.
September 25, 2001
542
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge advised that: (1) Item 1 was withdrawn to gather more information;
(2) Item H-1 has been moved to the 7 p.m. session; and (3) Item S-1 has been withdrawn
because the Department of Environmental Quality has chosen another locality’s landfill.
Mr. Mahoney advised that (1) Item T-2 has been postponed at the request of
the petitioner; and (2) Item E-4 should be a first reading of ordinance.
Supervisor Nickens advised that Item F-1, first reading of Buck Mountain land
rezoning has been delayed at request of the petitioner.
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND
PRESENTATIONS
1. Proclamation declaring the week of September 30 - October 6,
2001 as Mental Illness Awareness Week in Roanoke County.
The proclamation was accepted by June Poe, Everett Franklin, Charles D.
Wohlford, and Shonna Allen, who are officers of the Roanoke Valley Chapter of the
National Alliance for the Mentally Ill.
September 25, 2001
543
2. Proclamation declaring October 2001 as United Against Hate
Month in Roanoke County.
The proclamation was accepted by Brenda Hale, member of the Hate Crimes
Working Group under the direction of the U. S. Attorney’s Office.
3. Proclamation declaring October 2001 Crime Prevention Month in
the County of Roanoke
The proclamation was accepted by Police Officer Lee Linkous and Police
Chief Ray Lavinder.
4. Proclamation declaring the month of October 2001 as National
Arts and Humanities Month in Roanoke County; Presentation on
the Roanoke Valley Cultural Master Plan; and adoption of
resolution of support. (Susan Jennings, Executive Director, The
Arts Council of the Blue Ridge)
R-092501-1
Ms. Jennings presented the Master Plan for the Cultural Institutions of the
September 25, 2001
544
Roanoke Valley which is designed to bring all the various cultural groups together to look
at the overall impact of the arts in the Roanoke Valley, to improve opportunities for fund-
raising, and address the issues of infrastructure and transportation, marketing, legislative,
funding, and education and programming. She explained that this Valley- wide
collaborative effort, which has been going on for almost a year, has included
representatives of all the cultural arts organizations, local governments, economic
development officials, businesses, and private individuals. It is also hoped that this
process and plan will help enhance the awareness and show the impact and value the
cultural institutions have on the community’s quality of life as well as economic
development. Ms. Jennings requested that the Board adopt a resolution in support for the
Master Plan for Cultural Institutions of the Roanoke Valley.
Also present from the Steering Committee were Roger Ellmore, Explore Park;
Kay Strickland, Virginia Museum of Transportation; and Wendi Schultz, Parks, Recreation
and Tourism.
Supervisor Nickens commended the Steering Committee for their work and
persistence and felt they were making major steps in the right direction.
Ms. Jennings accepted the proclamation with Wendy Schultz and Pete Haislip, director of
Parks, Recreation and Tourism.
Supervisor Church moved to adopt the resolution. The motion carried by the
September 25, 2001
545
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-1 IN SUPPORT OF THE “MASTER PLAN FOR
THE CULTURAL INSTITUTIONS OF THE ROANOKE VALLEY.”
WHEREAS, a steering committee comprised of representatives of the
eighteenmajor cultural and 5 major economic development organizations in the
RoanokeValley, representatives of the two Civic Centers, and representatives of the
governments of the Cities of Salem and Roanoke and the County of Roanoke have
worked diligently to develop a Master Plan for our cultural resources, and
WHEREAS, the cultural assets of the region are an important economic,
educational and quality of life resource, and
WHEREAS, the Master Plan provides methods to work cooperatively to
strengthen and enhance the region’s cultural institutions, and
WHEREAS, the preservation of such cultural assets will assist Roanoke
County and the region in achieving economic growth and educational excellence;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke that the County of Roanoke has an interest in the preservation and
enhancement of the region’s cultural institutions and therefore endorses the Master Plan
for the Cultural Institutions of the Roanoke Valley and supports the efforts of The Arts
Council of the Blue Ridge and all the participating organizations to implement the Master
Plan.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
5. Proclamation declaring the month of October 2001 as National
Disability Employment Awareness Month in Roanoke County and
Request for appropriation of funds for the Annual Roanoke
September 25, 2001
546
Valley Outstanding Employers of People with Disabilities Awards
(Debbie Pitts, Assistant Director of Recreation)
A-092501-2
The proclamation was accepted by Debbie Pitts, Assistant Director of
Recreation and Christine Montgomery, representing the Mayor’s Committee for People
with Disabilities. Ms. Pitts advised that the two committees are sponsoring an Annual
Roanoke Valley Outstanding Employers of People with Disabilities Awards Reception.
She requested $1,000 to help cover the cost of the awards program, and announced that
Roanoke City Council has already agreed to provide $1,000.
Supervisor Church moved to appropriate $1,000 from the Board Contingency
Fund. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: BRIEFINGS
1. Briefing on fee transport billing process and public information.
(Rick Burch, Chief of Fire & Rescue)
Chief Burch reported that two years ago, the Fire and Rescue Department
requested 40 additional personnel. Since then, they came up with a funding plan and 20
September 25, 2001
547
positions were approved. Phase II of this plan will include 15 more personnel. He advised
that in June 2001, the Board approved moving forward with an ordinance that would set
fees for ambulance service and adopted a resolution which established the fees. A
brochure has been prepared and will be mailed the first week in October and RVTV has
filmed a video to be shown beginning in October.
In response to questions from the Board, Chief Burch advised that the
brochure was prepared by Fire and Rescue staff, Ms. Scearce and Mr. O’Donnell and was
mailed to 31,000 homes, and that the employee who volunteered to assist from Catawba
Hospital is no longer employed there, but they would continue to seek a volunteer from the
Hospital. There was concern expressed that an individual who was transported by
ambulance would be required to pay any balance not covered by insurance, but the Board
was assured that anyone who could not pay the bill would not be required to.
IN RE: NEW BUSINESS
1. Request for funds to remove lead-base paint from the Catawba
Community Center. (Debbie Pitts, Assistant Director of
Recreation)
This item was withdrawn to prepare better cost figures.
September 25, 2001
548
2. Request for approval of the 2002 Holiday Schedule. (Joseph
Sgroi, Human Resources Director) DEFERRED FROM
SEPTEMBER 11, 2001
A-092501-3
Mr. Sgroi reported that in January 2001, the Board changed the holiday
schedule in order to improve citizen access for conducting county business during minor
holidays. The Board designated two minor holidays as floating holidays. This also
provided employees with more flexibility and choice to schedule time off. Employees earn
eight holiday hours for each of these two floating holidays when they occur. For the year
2001, Roanoke County will be closed on Christmas Eve rather than on the minor holiday of
Columbus Day. The two remaining minor holidays are floating holidays which included
President's Day, Monday, February 19, and Veteran's Day, Monday, November 12. On
these minor holidays, the County offices will remain open.
Mr. Sgroi presented two options for the 2002 holiday schedule: (1) instead of
2 floating holidays (Presidents’ Day and Veterans’ Day) like this year, designate 3 floating
holidays to include Presidents’ Day, Veterans’ Day and Columbus Day; or (2) continue with
Presidents’ Day and Veterans’ Day as the two floating holidays, and again like this year,
designate Christmas Eve Tuesday, December 24, 2002 as a holiday rather than Columbus
Day in October 2002.
September 25, 2001
549
Supervisor Minnix moved to approve option #2 - continue with Presidents’
Day and Veterans’ Day as floating holidays and designate Christmas Eve as a holiday
rather than Columbus Day. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
3. Request for transfer and appropriation of funds for Cresthill
Phase II water line replacement project. (Gary Robertson, Utility
Director)
A-092501-4
Mr. Robertson advised that the Roanoke County Utility Department’s Capital
Improvement Program provides annual funding for the repair and replacement of existing
water lines throughout Roanoke County. Funding is used for the replacement of water
lines that are past their useful life or inadequate to meet usage demands. Cresthill Phase I
is funded in the present year’s budget and Cresthill Phase II will be funded in next year’s
budget.
He advised that plans have been prepared and competitive bids received for
Cresthill Phase I. In order to tie Cresthill Phase I into the existing water system, three
temporary connections must be made. These temporary connections shall be abandoned
September 25, 2001
550
with the existing water system upon completion of Cresthill II. The cost to make these
temporary connections is approximately $10,000. Construction of the entire system at
once would eliminate this cost as well as minimizing the disruption to county water
customers. Mr. Robertson explained that keeping this disruption to a minimum is of
considerable value to the residents and the County as a whole. Cresthill Phase I is
currently scheduled to begin construction in mid-October 2001 and expected to complete
in mid-April 2002. The funds for Cresthill Phase I ($250,000) were included in the 2001-
2002 original budget appropriation. If approved, Cresthill Phase II is expected to begin
construction in early February 2002 and to complete in early November 2002.
Mr. Robertson requested that $525,000 be transferred from the Water
Revenue Surplus Fund to the Water Repair and Replacement Fund in an account entitled
Cresthill Phase II project. This will allow completion of work in the Cresthill neighborhood,
minimize disturbance to residents and eliminate unnecessary temporary connections.
Supervisor McNamara moved to transfer and appropriate the funds. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
4. First Reading of ordinance Amending the Intergovernmental
September 25, 2001
551
Agreement for the establishment of a Joint Public Safety Radio
System. (John Chambliss, Assistant Administrator)
Mr. Chambliss advised that the City of Roanoke and the County of Roanoke
entered into an agreement on December 17, 1997 concerning the establishment of a joint
Public Safety Radio System. Since that time, the City of Roanoke has purchased and
installed their share of the 800 Mhz. radio system and the County has installed the
additional radio equipment at the various antenna sites to make this a regional radio
communications system. The radio equipment of the Town of Vinton, the Roanoke
Regional Airport, the Roanoke Valley Resource Authority, and the 800 Mhz. equipment on
the Salem Fire apparatus allow us to enjoy the benefit of the technology and service.
The changes requested to the contract add the following items: (1) Inclusion
of the MOSCAD fire alerting equipment used by the City of Roanoke; (2) Expansion of the
mobile data equipment for use by both localities; (3) Designation of the County as the
contracting agent for maintenance agreements for the equipment and as insurer of the
equipment (reimbursed by the City); and (4) Change in the designation of the named
system manager by the City and the County.
Mr. Chambliss explained that these changes to the contract continue our
regional approach to radio communications systems and upgrades our capability to enter
the realm of mobile data communications. Recently, the County has used four mobile data
September 25, 2001
552
terminals operated by the City, and now plans to install the hardware necessary for the
expanded use of this technology. Initially, these new terminals will be in Police vehicles,
but the County could expand the coverage to Fire and Rescue, Inspections, Assessments,
etc. as funds or grants become available. This technology reduces the errors of voice
communications and offers a more secure dissemination of information to field personnel.
Supervisor Johnson moved to approve the first reading and set the second
reading for October 9, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA:
Supervisor Johnson moved to approve the first reading and set the second
reading and public hearing for October 23, 2001. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
1. First reading of ordinance to amend the Roanoke County zoning
ordinance, Section 30-21 (B) Enforcement Procedures upon the
September 25, 2001
553
petition of the Roanoke County Planning Commission.
IN RE: FIRST READING OF ORDINANCES
1. First reading of ordinance amending ordinance 021098-9 and
032498-7 which vacated and closed public rights-of way and
released public property interests in and around Pinkard Court
subdivision, to delete the condition in each ordinance that the
specified properties be acquired in one common ownership
(Lowe’s Inc.) And combined into one tract or parcel, and to
otherwise ratify and approve each of said ordinances. (Vickie
Huffman, Assistant County Attorney) DEFERRED FROM
SEPTEMBER 11, 2001
Mr. Mahoney explained that these ordinances originally included a condition
that Lowe’s would acquire the identified properties and combine them into one tract of land
within a four-month time period to insure that the properties would not be without public
access and that the other public interests would not be released in the event that Lowe’s
elected not to go forward with the project. Lowe’s did proceed and complete all of the
necessary acquisitions and development of the property and the condition now is not
necessary and serves no purpose.
September 25, 2001
554
Supervisor Nickens moved to approve the first reading and set the second
reading for October 9, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
2. First reading of ordinance authorizing the acquisition of flood-
prone properties for preservation of floodplain land related to the
Carvin Creek Hazard Mitigation Project located on Palm Valley
Road in the Hollins Magisterial District. (George Simpson,
Community Development Assistant Director
Mr. Simpson reported that in 1997, the Roanoke Valley Regional
Stormwater Management Plan identified the Sun Valley/Palm Valley area along Carvin
Creek as having the highest concentration of flood prone homes in Roanoke County.
FEMA grant funds were used to acquire Phase I properties and will also be used to
purchase Phase II properties, resulting in the removal of thirteen homes from the
floodplain.
Mr. Simpson explained that the ten lots being purchased by this action border
Phase II and are in the floodway/floodplain on Carvin Creek and highly susceptible to
flooding. The purchase of these lots will prevent them from being developed similar to the
September 25, 2001
555
“stilt house” that received some attention several years ago and will preserve the land for a
greenway and open space along the creek. The ten lots have an assessed value of
$80,800.00, and contain approximately 4.7 acres. The owner of the lots has agreed to sell
them for $30,000.00 and payment of back taxes (approximately $7,000.00). He requested
that the Board authorize the County Administrator to execute the necessary documents to
acquire the lots with funds coming from the Drainage/Flood Control Bond Account.
Supervisor Johnson moved to approve the first reading and set the second
reading for October 9, 2001. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of ordinance to enter into a cooperative
agreement between Roanoke City and Roanoke County for Fire
and Rescue Service at the Clearbrook Fire Station. (Elmer C.
Hodge, County Administrator)
This item was heard during the 7:00 p.m. evening session.
2. Second reading of ordinance amending notice requirement of
September 25, 2001
556
enforcement procedures for Section 12-125 “Removal of
inoperative motor vehicles, etc.,” Section 13-14. “Unlawful
accumulations of trash and growth of weeds; public nuisances
and abatement thereof.” (Paul Mahoney, County Attorney)
DEFERRED FROM SEPTEMBER 11, 2001
O-092501-5
Mr. Mahoney advised that this proposed ordinance reduces the time period
for compliance by the property owner after notification by County enforcement personnel
from 15 days for inoperative motor vehicle violations and 14 days for weeds and trash
violations to ten days. He explained that the zoning ordinance portion of this change will
have to be heard by the Planning Commission before coming to the Board of Supervisors.
Supervisor McNamara moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 092501-5 AMENDING NOTICE REQUIREMENTS OF
ENFORCEMENT PROCEDURES FOR SECTION 12-125. “REMOVAL OF
INOPERATIVE MOTOR VEHICLES, ETC.,” AND SECTION 13-14.
“UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS;
PUBLIC NUISANCES AND ABATEMENT THEREOF”
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
September 25, 2001
557
1. That Section 12-125. “Removal of inoperative motor vehicles, etc.” of
Chapter 12. “Motor Vehicles and Traffic” be amended to read and provide as follows:
* * * *
Sec. 12-125. Removal of inoperative motor vehicles, etc.
(a) The owner of the property on which there is an inoperative motor
vehicle, trailer, or semitrailer that is not fully enclosed or completely shielded shall remove
the vehicle or comply with the screening or enclosure requirement of this article within
fifteen (15) ten (10) days after being notified by the zoning administrator.
(b) Whenever the property owner fails to comply with this article within the
fifteen (15) ten (10) -day period of this notice, the chief of police or zoning administrator
may remove the inoperative motor vehicle, trailer or semitrailer from the property to the
impound lot of the authorized towing service.
(c) Whenever the chief of police or zoning administrator removes an
inoperative motor vehicle, trailer, or semitrailer from a property, such vehicle may be
disposed of after giving an additional fifteen (15) days notice to the last known owner of
the vehicle.
* * * *
2. That Section 13-14. “Unlawful accumulations of trash and growth of
weeds; public nuisances and abatement thereof” of Chapter 13. “Offenses-Miscellaneous”
be amended to read and provide as follows:
Sec. 13-14. Unlawful accumulations of trash and growth of weeds; public
nuisances and abatement thereof.
* * * *
(d) In addition to any applicable criminal sanctions provided in this code,
whenever the enforcement agent determines that a public nuisance exists upon any
parcel, he shall notify the record owner of such parcel of such fact by certified mail at the
owner’s last know address, as shown by any source available to the agent, and such
notice shall constitute, for purposes of this section, due legal notice as made and provided
by law. The notice herein required shall direct that the public nuisance be abated within
fourteen (14) ten (10) days following the mailing. In case the owner’s address is unknown
or cannot be found, the enforcement agent shall post the notice herein required at a
conspicuous place on the parcel on which the public nuisance exists and the posting shall
constitute, for purposes of this section, legal notices as made and provided by law.
* * * *
(h) No more frequently than twice a year, the enforcement agent shall
hold hearings at the Roanoke County Administration Center for the purpose of hearing
September 25, 2001
558
objections to and comments upon reports and proposed assessments under this section, of
correcting any mistakes or inaccuracies in the reports and of confirming the same.
(i) Not less than fourteen (14) days prior to a hearing provided for in
subsection (h) above, such reports and assessment lists shall be posted at the front door
of the County Administration Center with a notice of the time and place the enforcement
agent will conduct the hearing on the reports and assessment lists, and the enforcement
agent shall send by certified mail to each owner, at his address as determined from county
records, a notice of the time, place and subject matter of the hearing. The notice shall
advise the owner of his right to object to, be heard upon, and to contest the confirmation of
the report and assessment. The notice shall further provide that, upon the confirmation by
the enforcement agent of the reports of abatement costs and service charges the same
shall constitute special assessments against the owner and the parcel, a personal
obligation of the owner and a lien upon the owner's parcel from the date and time of the
recordation of a notice of lien, and bear interest at the rate of ten (10) percent. There shall
be included with the notice a statement to the owner of the abatement cost, service charge
and accrued interest.
(j) At the hearing provided for in subsection (h) above, the enforcement
agent shall hear any objections which may be raised by any owner liable to be assessed
and may confirm, modify or reject the reports and assessment lists as he may deem
appropriate and send those confirmed to the director of finance and the treasurer for
collection of the respective special assessment.
(k) With respect to all such accounts remaining unpaid fourteen (14) days
after the confirmation of the reports and assessment lists, the enforcement agent shall
cause a notice of the lien of the special assessment prepared by the county attorney to be
recorded in the clerk's office of the circuit court of the county. The county attorney may
take appropriate steps, including a personal or in rem suit or action, in the appropriate
court to enforce the lien to satisfy the special assessment.
* * * *
4. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: APPOINTMENTS
September 25, 2001
559
1. Social Services Advisory Board
Supervisor Minnix nominated Mary Jane Patisall to a four year term expiring
August 1, 2005 and asked that the appointment be confirmed on the Consent Agenda.
IN RE: CONSENT AGENDA
R-092501-6; R-092501-6.d; R-092501-6.e; R-092501-6.j
Supervisor Nickens moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501- 6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM -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 25, 2001, 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 12, inclusive, as follows:
1. Request from Schools to accept and appropriate $3,271.95
Department of Education Grant for teacher certification training.
2. Confirmation of committee appointments to the Metropolitan Planning
Organization Community Advisory Committee and the Social Services
Advisory Board.
3. Request for acceptance and appropriation of Blue Ridge Behavioral
September 25, 2001
560
Healthcare Purchase Contracts.
4. Request from National Association of Counties (NACO) for adoption
of resolutions concerning the September 11, 2001 terrorists attacks.
(a) Resolution condemning terrorism and supporting the President
of the United States in his efforts to defend the Country
against terrorism.
(b) Resolution encouraging citizens to be vigilant and not
vigilantes.
5. Acceptance of donation of two variable width water and sanitary
sewer easements from Springwood Associates LLC for Springwood
Park in the Cave Spring Magisterial District.
6. Request to accept and appropriate monies from Virginia Juvenile
Community Crime Control Act (VJCCCA) for fiscal year 2001-2002.
7. Request from Schools to appropriate $500 from the Roanoke County
Education Foundation for Substance Abuse Program team training.
8. Request from Schools to appropriate $11,310 grant from the
Governor’s Office for Substance Abuse Prevention to complete a
Comprehensive Youth Violence and Substance Abuse Prevention
Community Needs Assessment and Action Plan for Roanoke County.
9. Acceptance of Glen Rock Lane and the remaining portion of
Cedarmeade Drive into the Virginia Department of Transportation
Secondary System.
10. Acceptance of a donation of a variable width sanitary sewer
easement from Joe R. Blackstock and a sanitary sewer easement and
10 foot drainage easement from Ravi M. Anantaraman and Hutoxi
Hathi, located in the Cave Spring Magisterial District.
11. Acceptance and appropriation of Section 18 grant funds on behalf of
Unified Human Services Transportation System.
September 25, 2001
561
12. Acceptance and appropriation of the Juvenile Accountability Incentive
Block Grant.
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, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-6.d CONDEMNING TERRORISM AND
SUPPORTING THE PRESIDENT OF THE UNITED STATES IN HIS
EFFORTS TO DEFEND THE COUNTRY AGAINST TERRORISM
WHEREAS, on September 11, 2001, the United States of America was
suddenly and brutally attacked by foreign terrorists, and
WHEREAS, these terrorists hijacked and destroyed four civilian aircraft,
crashing two of them into the towers of the World Trade Center in New York City, a third
into the Pentagon outside Washington, DC, and the fourth in Southwest Pennsylvania; and
WHEREAS, thousands of innocent Americans were killed and injured as a
result of these attacks, including the passengers and crew of the four aircraft, workers in
the World Trade Center and in the Pentagon, rescue workers, and bystanders, and
WHEREAS, these cowardly acts were by far the deadliest terrorist attacks
ever launched against the United States, and, by targeting symbols of American strength
and success, clearly were intended to intimidate our nation and weaken its resolve, and
WHEREAS, these horrific events have affected all Americans. It is important
that we carry on with the regular activities of our lives. Terrorism cannot be allowed to
break the spirit of the American people, and the best way to show these cowards that they
have truly failed is for the people of the United States and their counties to stand tall and
proud.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia as follows:
(1) That the Board of Supervisors condemns the cowardly and deadly
actions of these terrorists, and
(2) That the Board of Supervisors supports the President of the United
States, as he works with his national security team to defend against additional attacks,
and find the perpetrators to bring them to justice, and
(3) That the Board of Supervisors recommends its citizens to support relief
efforts by giving blood at the nearest available blood donation center now and in the
future; and
(4) That the Board of Supervisors extends its deepest sympathy to all of the
September 25, 2001
562
victims of this tragedy, their families and friends and to all the citizens of the United States.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-6.e ENCOURAGING CITIZENS TO BE VIGILANT
AND NOT VIGILANTES
WHEREAS, America continues to mourn the incomprehensible loss that the
nation suffered on September 11, 2001, but we must be sure not to let our anger, fear and
sorrow surface as violence; and
WHEREAS, America as a nation must strive to provide a safe and welcoming
environment for all of its citizen, including the millions of Arab and Muslim Americans who
are part of America's national community; and
WHEREAS, citizens must show patriotism and compassion by accepting all
fellow Americans, and as a nation stand together, united against terrorism; and
WHEREAS, counties, keeping with the long held tradition of caring for
America, must continue to pray for the victims, provide aid and compassion to the
survivors, the families of the victims, the brave relief workers, their families and all who
have been touched by this tragedy, while always remaining cognizant of the terrible toll
terrorism has taken on our society; and
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia as follows:
(1) That the Board of Supervisors ardently condemns cowardly and pointless
acts of hate crimes, and;
(2) That the Board of Supervisors encourages citizens to be vigilant in their
efforts to help and heal, but not vigilantes; and
(3) That the Board of Supervisors condemns all acts of lawlessness and
supports the President of the United States, as he works with his national security team to
defend the United States of America against terrorism and that while.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-6.j REQUESTING ACCEPTANCE OF GLEN ROCK
LANE AND THE REMAINING PORTION OF CEDARMEADE DRIVE INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
September 25, 2001
563
WHEREAS, the streets described on the attached Additions Form SR-5(a),
fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised this Board the streets meet the requirements established by
the Subdivision Street Requirements of the Virginia Department of Transportation, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the streets described on the attached Additions Form
SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Supervisor Nickens
Seconded By:
None Required
Yeas:
Supervisors Johnson, McNamara, Church, Nickens, Minnix
Nays:
None
Absent:
None
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports. The
motion carried by a unanimous voice vote.
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
September 25, 2001
564
5. Accounts Paid - August 2001
6. Statements of the Treasurer’s Accountability per Investment and
Portfolio Policy as of: (a) July 31, 2001 (b) August 31, 2001
Supervisor Johnson asked when the final audit would be available. Mr.
Hodge advised it should be ready by the second or third week in October. Supervisor
Johnson asked for a report on revenues and sales tax. Supervisor Minnix suggested that
the County begin to look at cost savings.
IN RE: CLOSED MEETING
At 4:55 p.m., Supervisor Minnix moved to go into Closed Meeting following
the work sessions pursuant to Code of Virginia Section 2.1-344 A (7) consultation with
legal counsel regarding a specific legal matter requiring the provision of legal advice by
the County Attorney, namely, negotiation of an agreement with the Town of Vinton
regarding the McDonald Farm development and actual litigation, namely AMT, Inc. vs.
County of Roanoke and 2.1-344 A (3) consideration of the acquisition of real property for
public purposes; 2.1-344 A (3) consideration of the sale of real estate, Salem Office
Supply. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: WORK SESSION
September 25, 2001
565
1. Discussion of proposed Interstate 73 corridor. (Arnold Covey,
Community Development Director) DEFERRED FROM
SEPTEMBER 11, 2001
The work session was held from 4:55 p.m. until 5: 30 p.m.
Mr. Hector Wiltshire presented comments concerning the southeast corridor
which is the chosen route for the proposed Interstate 73. He noted that several states
have decided not to build I-73, and West Virginia has decided to upgrade existing roads.
He advised that some of his opposition to the chosen route for I-73 was: (1) High terrain
passage should be avoided; (2) Mountain construction costs are uncertain; (3) Potential
environment damage; (4) The additional $220 million cost of the propose route through
southeast; (5) Discrimination of residents in Southeast Roanoke City and Roanoke County;
(6) VDOT and CTB have chosen to ignore the advice of other agencies; (7) They have
also ignored the wishes of Roanoke City and Roanoke County; and (8) Unsafe conditions
on Route 220 would continue because of the length of time to build I-73.
Mr. Wiltshire requested that the Board adopt a resolution opposing the
VDOT/CTB choice of route for I-73 through Southeast Roanoke and a reiteration of the
Board’s earlier resolutions preferring the 581/220 corridor.
Ms. Joyce Waugh representing the Regional Chamber of Commerce,
reminded the Board that improvements to Route 220 will increase capacity and add
additional lanes.
September 25, 2001
566
Supervisor Nickens advised that the Board has gone on record as opposing
only the western corridor. He requested that the Board reiterate their position and
specifically oppose the route through Southeast Roanoke City and County. Supervisor
Johnson indicated he would support Supervisor Nickens’ request.
Supervisor Minnix noted that if he supports this resolution, the other route
would impact residents in the Clearbrook area. His previous support was based on the
fact that a highway (Route 220) already existed in that area.
Supervisor McNamara suggested copying the previous resolutions and
correspondence associated with them to include in the next agenda packet. Supervisor
Church noted his position is similar to Supervisor Minnix’s because the Board opposed the
western route through his district. Supervisor Nickens responded that the Board has
already gone on record opposing the western corridor and he is requesting a similar
request to oppose the eastern corridor. Supervisor McNamara indicated he could support
this resolution if the Board states its support for I-73 and the central corridor.
Staff was directed to bring back a resolution on October 9, 2001. supporting
the construction of Interstate 73 but opposing any route other than the I-581/Route 220
central corridor.
2. Update on Citizen Inquiry System and other technology
initiatives. (Mary Allen, Clerk to the Board, Anne Marie Green,
General Services Director) DEFERRED FROM SEPTEMBER 11,
2001
September 25, 2001
567
The work session was held from 5:30 p.m. until 5:45 p.m.
Ms. Allen reported that the software for the Citizen Inquiry System will be
installed by the end of October and that a Steering Committee has been formed that will
work with the vendor managing the system application, setting policies and procedures for
the system and managing the pilot program. Another team comprised of the actual users
will be established to assist the Steering Committee. Start-up of the program is tentatively
scheduled for January 2002.
Elaine Carver, Information Technology Director, advised that computers and
fax/copiers are being ordered for each of the Board members for their use either in their
office or at home, and the Citizen Inquiry System will be loaded on these computers. The
Board members were asked to let Mary Allen or Elaine Carver know whether they would
prefer a laptop or desktop computer.
IN RE: CLOSED MEETING
The Closed Meeting was held from 6 :00 p.m. until 6:30 p.m.
IN RE: CERTIFICATION RESOLUTION
R-092501-7
At 7:00 p.m., Supervisor Minnix moved to return to open session and adopt
the Certification Resolution and announced that acquisition of real property for public
purposes was not discussed. The motion carried by the following recorded vote:
September 25, 2001
568
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-7 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 Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of ordinance to enter into a cooperative
agreement between Roanoke City and Roanoke County for Fire
and Rescue Service at the Clearbrook Fire Station. (Elmer C.
Hodge, County Administrator)
O-092501-8
September 25, 2001
569
Mr. Hodge reported that this was the second reading of an ordinance to enter
into an agreement with Roanoke City for joint staffing of the Clearbrook station. First
reading was held on September 11 and Roanoke City approved this at their meeting on
September 4. He advised that Chief Grigsby of Roanoke City and Chiefs Amos and Bibb
were present. He explained that the contract is similar to the contract with Read Mountain.
The agreement will take affect on January 1, 2002. For the first six months, staff will
gather statistics on which locality will have the most fire and emergency calls and will
adjust staffing and allocation of costs annually. He noted that the Transition Team has
been successful in working through the various issues.
The following citizens spoke on this issue:
1. Watson Simmons, 5605 Franklin Road,
a member of the Clearbrook
Fire Department, advising that the Transition Team has resolved some of the difference,
that the volunteers should be treated equally and should have a comparable truck, and
that a stoplight at Indian Grave and Route 220 is badly needed.
2. Garland Overfelt, 7364 Shadow Hollow Lane,
believed that the issues
can be worked out but did not feel that the building should be funded by Roanoke County.
3. Michael Wray, 5650 Yellow Mountain Road,
President of the Clearbrook
Civic League, felt that regionalism should not compromise services, and that several
issues will need to be addressed by the Transition Team such as rules and capital
expenses, and that the stoplight at Indian Grave Road is needed.
September 25, 2001
570
4. Randy Kingery, 6506 Crowells Gap Road,
advised his only concern was
that he did not want the volunteers eliminated.
5. Beth Doughty, Roanoke Regional Chamber of Commerce,
presented a
letter of support for the cooperative efforts in public safety between the City and County.
Supervisor Johnson asked about the status of the stoplight at Indian Grave
Road and Route 220. Mr. Hodge responded that they have proposals from engineering
and are going through the evaluation process; it will take 90 days for architects and
engineers to create the design; they will then determine a funding source and it will take
one year to manufacture and place the stoplight. Supervisors Johnson and Minnix
suggested meeting with VDOT to expedite the process. Supervisor McNamara noted it
was a calculated risk but the potential return was so great he would support the contract.
Supervisor Church applauded Chiefs Burch and Grigsby and the Transition Team for their
hard work. Supervisor Nickens asked staff to work with VDOT to expedite the stoplight
and report back at the second meeting in October.
Supervisor Minnix moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
ORDINANCE 092501-8 APPROVING A FIRE AND EMERGENCY
MEDICAL AGREEMENT WITH THE CITY OF ROANOKE TO STAFF THE
CLEARBROOK STATION
September 25, 2001
571
WHEREAS, §§27-2 and 27-23.9, Code of Virginia (1950), as amended,
authorizes local governments to cooperate in the furnishing of fire and emergency medical
response and related rescue issues, and §15.2-1300, Code of Virginia, authorizes
agreements for the joint exercise of powers by political subdivisions of the Commonwealth.
WHEREAS, the City and the County have determined that cooperatively and
jointly staffing the station located at Clearbrook in Roanoke County to provide fire and
emergency medical response and related rescue services across city and county
jurisdictional lines will improve such service in the areas that can be served by such
station.
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to
enter into an Agreement concerning the joint staffing of the Clearbrook Station with
regards to fire and emergency medical response and related rescue services.
WHEREAS, the first reading of this ordinance was held on September 11,
2001, and the second reading was held on September 25, 2001.
BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Board hereby approves the Fire and Emergency Medical
Agreement to staff the Roanoke County Clearbrook Station in substantially the form as
attached to this ordinance, and authorizes the County Administrator, or his designee, to
execute this Agreement on behalf of Roanoke County, upon form approved by the County
Attorney.
2. That pursuant to this Agreement the County and the City will assign
full-time career positions to staff this facility and the equipment located therein, and, that
the County will routinely respond with fire and emergency medical equipment and
personnel for the City from the Clearbrook Station into the 220 South/Southern Hills area.
The specific boundaries are to be determined and mutually agreed upon by the respective
Fire Chiefs.
3. That the City and the County agree to develop and adopt operational,
communication, dispatch, safety and medical protocols that meet professional standards.
All operational protocols are to be mutually agreed upon in writing by the Fire Chiefs of the
City and the County.
4. That the services performed and expenditures made under this
Agreement shall be deemed to be for public and governmental purposes and all
immunities from liability enjoyed by the County and its fire/emergency medical services
and resource personnel within its boundaries shall extend to its participation in this
Agreement.
5. That this Ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
September 25, 2001
572
IN RE: PUBLIC HEARINGS
1. Public hearing on the issuance of general obligation school
bonds to be sold to the Virginia Public School Authority for
$13,745,000 to finance capital projects for Hidden Valley High
School and Glenvar Middle School and adoption of a resolution.
(Diane Hyatt, Chief Financial Officer)
R-092501-9
Ms. Hyatt reported that the amounts scheduled to be borrowed through the
State Literary Loan program are $7,500,000 for Hidden Valley High School and
$6,245,000 for Glenvar Middle School for a total of $13,745,000. Staff has submitted the
required application and resolutions to participate in the Fall 2001 VPSA Subsidy bond
sale. As part of this application process a public hearing must be held and a specific
resolution as to the form of the bonds must be adopted by the Board.
Supervisor McNamara noted there was no prepayment allowed. Ms. Hyatt
responded that was because the entire amount is borrowed for the entire state.
Supervisor Nickens moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
RESOLUTION 092501-9 AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $13,745,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
September 25, 2001
573
COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND
SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS
THEREOF
WHEREAS, in September of 2000 and January of 2001, the Commonwealth
of Virginia Board of Education (the "Board of Education") placed applications (the
"Applications") of the School Board of the County of Roanoke, Virginia (the "School
Board") for loans in the aggregate amount of $14,000,000 (the "Literary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the
"Literary Fund"), for financing the South County High School and Glenvar Middle School
projects (the "Projects") in the County of Roanoke, Virginia (the "County"), on the First
Priority Waiting List.
WHEREAS, the Board of Education was to have approved the release of
Literary Fund moneys to the School Board and make a commitment to loan such moneys
to the School Board (the "Commitment") within one year of placement of each Application
on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered
sum available at least equal to the amount of such Application and the approval, by the
Board of Education, of such Application as having met all conditions for a loan from the
Literary Fund.
WHEREAS, the Board of Education was thereafter to have given advances
on the amount of the Commitment for the Literary Fund Loan to the School Board, as
construction or renovation of the Projects progressed, in exchange for a loan obligation
from the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts
so advanced.
WHEREAS, the Literary Fund Obligation was to have borne interest at four
percent (4%) per annum and mature in annual installments for a period of twenty (20)
years.
WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the
"Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase
general obligation school bonds of the County, and the Board of Education has offered to
pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to
the sum of (i) net present value difference, determined on the date that VPSA sells its
bonds, between the weighted average interest rate that the general obligation school
bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary
Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such
bonds of the County (the "Issuance Expense Allowance").
WHEREAS, the Board of Supervisors (the "Board") of the County of
Roanoke, Virginia (the "County") has determined that it is necessary and expedient to
borrow $13,745,000 and to issue its general obligation school bonds to finance certain
capital projects for school purposes.
September 25, 2001
574
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
("Virginia Code") on September 25, 2001 on the issuance of school bonds in the maximum
amount of $13,745,000.
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, THAT:
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 $13,745,000
(the "Bonds") for the purpose of financing the Projects. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the
County to accept the offer of the VPSA to purchase from the County, and to sell to the
VPSA, the Bonds at 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 a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to
the VPSA in such form as may be approved by the County Administrator ("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 2001B"; 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, 2002, at the rates established in accordance with paragraph 5 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 5 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 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.
September 25, 2001
575
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 Date 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 two 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 9 hereof shall conclusively evidence such
Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and
Principal Installments as having been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single,
temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions
shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all
payments of principal of, premium, if any, and interest on the Bonds
shall be made in immediately available funds to the VPSA at or before
11:00 a.m. on the applicable Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption, or if such
date is not a business day for Virginia banks or for the
Commonwealth of Virginia, then at or before 11:00 a.m. on the
business day next preceding such Interest Payment Date, Principal
Payment Date or date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by law,
interest shall bear interest at the applicable interest rate or rates on
the Bonds; and
(c) Sun trust Bank, Richmond, Virginia, is designated as Bond Registrar
and Paying Agent for the Bonds.
1. No Prepayment or Redemption. The Principal Installments of the
Bonds are not subject to redemption or prepayment. Furthermore, the
Board covenants, on behalf of the County, not to refund or refinance
the Bonds without first obtaining the written consent of the VPSA or
the registered owners of the Bonds.
2. 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 signatures of such officers and the manner of affixing the
seal on the Bonds 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.
3. 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
September 25, 2001
576
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.
4. Use of Proceeds Certificate; Non-Arbitrage Certificate. The County
Administrator and Chief Financial Officer, or either of them, and such
officer or officers of the County as either may designate are hereby
authorized and directed to execute a Non-Arbitrage Certificate, if
requested by bond counsel, and a Use of Proceeds Certificate setting
forth the expected use and investment of the proceeds of the Bonds
and containing such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code of 1986,
as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the
VPSA Bonds. The Board covenants on behalf of the County that (i)
the proceeds from the issuance and sale of the Bonds will be invested
and expended as set forth in such Use of Proceeds Certificate and
the County shall comply with the covenants and representations
contained therein and (ii) the County shall comply with the provisions
of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax
purposes.
5. 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 Chief Financial Officer, 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.
September 25, 2001
577
6. Continuing Disclosure Agreement. The County Administrator and
Chief Financial Officer, 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 MOP
(as defined in the Continuing Disclosure Agreement).
7. 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 of Roanoke,
Virginia.
8. Further Actions. The County Administrator, Chief Financial Officer,
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 Chief Financial Officer 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.
9. 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 25, 2001,
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
WITNESS MY HAND and the seal of the Board of Supervisors of the County
th
of Roanoke, Virginia, this 25 day of September, 2001.
On motion of Supervisor Nickens to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix
NAYS: None
September 25, 2001
578
2. Public Hearing and request to adopt a resolution authorizing
approval for the Roanoke Valley Resource Authority to provide
emergency assistance by disposing of asbestos resulting from
the September 11 terrorist attack on the Pentagon. (Elmer
Hodge, County Administrator)
This item was withdrawn because the Department of Environmental Quality
does not need to use the Smith Gap Landfill.
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of ordinance to rezone .398 acres from R-1
Residential District to C-1 Office District with conditions for
expansion of a medical clinic and related parking, located at
3500 block of Pinevale Road, Windsor Hills Magisterial District,
upon the petition of Windsor House. (Janet Scheid, Senior
Planner)
Ms. Scheid reported that Windsor House is requesting a rezoning from R-1 to
C-1 conditional for a proposed parking area to serve only the medical office on the
adjoining C-2 zoned parcel. The access to the parking area would be from an existing
entrance on Pinevale Road. At the Planning Commission meeting, there was discussion
with staff related to the types of required screening and buffering between this proposed
commercial use and adjoining residential area. The Planning Commission recommended
September 25, 2001
579
approval with four proffered conditions: (1) That the subject property will be used solely for
parking purposes in conjunction with the medical office use on Tax Parcel 77.09-04-36; (2)
That the parking plan will be in substantial conformity with the site plan identified as Option
#2 and dated August 14, 2001, using the entrance as approved by VDOT in the existing
location; (3) A proper application, in a reasonable period of time, will be submitted to the
BZA to reduce the number of parking spaces required by the Roanoke County Ordinance;
and (4) Substantial buffering will be added to the lot that will be discussed with the
neighbors.
Supervisor Johnson noted there were four conditions on the staff report but
the Board received a memo from Mr. Mahoney that conditions (3) and (4) were not
enforceable. Ms. Scheid responded that she agreed with Mr. Mahoney, but the Planning
Commission supported these conditions. She explained that the expansion to more than
8,000 square feet will require 41 spaces to meet the zoning ordinance requirements.
Supervisor Minnix responded that he would not support the petition with the conditions
dropped without the Planning Commission’s agreement.
Ed Natt, attorney for the petitioner, advised that the petitioner had agreed to
the four conditions but when Mr. Mahoney advised that the last two were invalid, he didn’t
include them. He also advised he did not agree with Mr. Mahoney and that Dr. Silverblatt
is willing to meet with the neighbors to discuss screening and buffering. He has a July
2002 deadline to have an operating room or he will lose his license. He further reported
September 25, 2001
580
that the plan is in substantial conformity with the Community Plan and that Dr. Silverblatt is
willing to go to the Board of Zoning Appeals to reduce the number of parking spaces.
Dr. Silverblatt was present and advised that he now has two part-time
employees that he would like to have full-time so that they can be of assistance when he
needs them. He advised he has owned the property since 1985, and that 1,000 square
feet of the additional space will be finished. Mr. Natt presented photos showing the view of
the proposed parking lot from various homes in the neighborhood.
The following citizens spoke in opposition because of increased traffic,
decreased property values, changes to the character of their residential neighborhood and
removal of existing trees.
1. Barbara S. Green, 3234 Oakdale Road, SW
2. Karen Ratcliff, 3536 Pinevale Road
3. Marion M. Myers, 3516 Pinevale Road
4. Ray Cooper, 3234 Oakdale Road
5. Steve Smith, 3223 Lawndale Road
6. J. Weldon Myers, 4516 Pinevale Road
7. Joan Bugbee, 3529 Pinevale Road,
who also presented a petition
opposed to the rezoning.
8. Patricia Meador, 3245 Oakdale Road
9. Nancy Wingfield, 3522 Pinevale Road
10 Christy Wray, no address given
September 25, 2001
581
Shirley Niday, 6482 Lee Highway, Troutville
spoke in support of the
request because of reconstructive surgery she had following breast cancer.
Mr. Natt responded that Dr. Silverblatt would like to come up with a plan that
will keep the parking lot attractive, and it would look less attractive if he removed the trees
in the front to place the parking lot there.
The Board members expressed several concerns including the fact that the
Planning Commission recommended conditions that could not be enforced, that the rights
of the Dr. Silverblatt and the neighborhood need to be balanced, and that the petitioner
might look at a compromise to decrease the square footage which would reduce the
number of parking spots required. Mr. Mahoney noted that if the request is denied, the
petitioner can not come back for 12 months. Supervisor Johnson suggested referring the
request back to the Planning Commission to reduce the parking density and increase the
screening and buffering.
Supervisor McNamara moved to refer the petition back to the Planning
Commission for further study and review. The motion carried by the following recorded
vote:
AYES: Supervisors Johnson, McNamara, Church, Minnix
NAYS: None
left the meeting at 8:00 p.m.)
ABSENT: Supervisor Nickens (
September 25, 2001
582
2. Second reading of ordinance to obtain a Special Use Permit to
develop a golf course on 364 acres and rezone 118 acres from
AG-3, Agricultural to AR, Agricultural Residential, located at 3608
Pitzer Road, SE, Vinton Magisterial District, upon the petition of
Nathaniel C. Haile. (Janet Scheid, Senior Planner)
This item was continued to October 23, 2001 at the request of the petitioner.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church
announced that he attended the Rescue Mission in
downtown Roanoke a few days ago and thanked the Mission for being so compassionate
and offering assistance to so many.
Supervisor Johnson:
(1) He asked Mr. Hodge to assist a citizen who
purchased property that had been rezoned from Residential to Industrial as part of a large
County rezoning. The citizen is now selling his house and the purchaser cannot receive a
mortgage because of the zoning classification. Mr. Hodge advised there were three
homes on Country Farm Road and the request has to go back through the Planning
Commission to be rezoned. He recommended that the County make the rezoning request
and cover any costs. (2) He advised that he attended the groundbreaking ceremony for
the new FAA tower at the Roanoke Regional Airport with Supervisor Minnix.
Supervisor Minnix:
(1) He also advised that he attended the groundbreaking
ceremony and noted that both he and Supervisor Johnson are former members of the
September 25, 2001
583
Roanoke Regional Airport Commission. (2) He also attended the Rescue Mission with
Supervisor Church and toured the facility. He suggested that citizens volunteer their time
to this cause, especially on holidays. He advised they served 175,000 meals last year at a
cost of 9 cents per plate.
IN RE: ADJOURNMENT
Supervisor Minnix adjourned the meeting at 9:45 p.m.
September 25, 2001
584
Submitted by, Approved by,
__________________ ________________
Mary H. Allen, CMC H. Odell Minnix
Clerk to the Board Chairman