9/22/1998 - Regular
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September 22,1998
617
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 22, 1998
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, 1998.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Fenton F. "Spike" Harrison, Joseph McNamara,
H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: None
,
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; John M. Chambliss,
Assistant County Administrator; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director, Community
Relations
INRE:
OPENING CEREMONIES
The invocation was given by Gardner W. Smith, Deputy Assistant for Citizen
Services. The Pledge of Allegiance was recited by all present.
618
September 22,1998
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
1.. Resolution of aooreciation uoon the retirement of Carolyn
Broyles. County Garage.
R-092298-1
Chairman Johnson presented the resolution to Carolyn Broyles.
Supervisor Minnix moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092298-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF CAROLYN F. BROYLES, COUNTY GARAGE
"',
WHEREAS, Carolyn F. Broyles was first employed by the Roanoke County
School System on October 1, 1972, and since June 30, 1997, has served as a Customer
Service Representative at the County Garage; and
WHEREAS, Carolyn F. Broyles was very instrumental in the implementation
of several computerized fleet maintenance programs during her years of service with the
Roanoke County Schools; and
WHEREAS, Carolyn F. Broyles is highly respected by her co-workers in the
Transportation Department for her personality, dedication and teamwork; and
WHEREAS, Carolyn F. Broyles retired from Roanoke County on September
1, 1998, after over twenty five years of services; and
WHEREAS, Carolyn F. Broyles, through her employment with Roanoke
County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to CAROLYN F. BROYLES for over twenty-five years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
September 22, 1998
619
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NAYS:
None
INRE:
NEW BUSINESS
1.. Request for authorization to purchase portable scales for truck
weight violations and aporopriation of funds. (Ray Lavinder.
Police Chief!
A-092298-2
Chief Lavinder explained that currently a significant number of trucks take
alternate routes to avoid using the truck scales on Interstate 81. This creates safety
hazards, increased damage to local roads, and a loss of revenue for the state. State law
now permits local agencies to conduct overweight enforcement activities. Additionally, the
local government may keep any fines from the violations. The portable scales were in
operation for two days in August and resulted in 74 violations at Alternate Route 220 and
49 violations at Route 11 at Hollins. Chief Lavinder advised that the cost of the scales is
$30,000 and training in the scale operation is $2,000. Funding would be provided by the
Police Department budget with revenue from the enforcement activity diverted to the Police
Department until such time as the $32,000 was reimbursed.
In response to questions, Chief Lavinder explained that the fines will be paid
to the Division of Motor Vehicles who bills the trucking companies. The revenue will then
be allocated to Roanoke County.
Supervisor Johnson moved to approve the purchase and appropriation. The
motion carried by the following recorded vote:
620
September 22, 1998
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AYES:
NAYS:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
None
2. Desianation of voting representative at the Virginia Association
of Counties (VACo) Annual Meeting. (Elmer C. Hodae. County
Administrator)
A-092298-3
Mr. Hodge advised that Roanoke County must designate a representative
from the Board of Supervisors to represent the County at their annual meeting on
November 10. Supervisor Nickens has indicated he plans to attend the conference, and
suggested that either Supervisor Nickens or another member who plans to attend should
be designated. He also advised that he has been contacted by VACo, requesting that a
member of the Board consider serving on the VACO Board of Directors.
Supervisor Nickens explained that he is serving on the Finance Committee
and that Zane Jones, from Craig County, is our representative. He suggested checking
~,
on whether Mr. Jones is eligible or interested in serving another term.
Supervisor Johnson moved to designate Supervisor Nickens as the Roanoke
County representative at the VACo annual meeting. The motion carried by a unanimous
voice vote.
3. Dismissal of Admissions Tax Litiaation. Roanoke Lodae #284.
Loval Order of the Moose. and Authorization of Refund. (Paul
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September 22,1998
621
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Mahonev. County Attorney)
A-092298-4
Mr. Mahoney reported that in 1991, the Board adopted Section 21-5 of the
Roanoke County Code which levied an admissions tax on the price of admission for any
public amusement, entertainment, and other similar events with exceptions for charitable
or school events. The Commissioner of the Revenue assessed an admissions tax against
the Roanoke Lodge #284 based on the admission fees they charged. The Moose Lodge
denied liability for this tax. In February 1997, William Maxwell, Esq. was retained to assist
the County to collect the assessed but unpaid admissions taxes. Mr. Maxwell has reported
that based upon his review of the facts and law, this assessment and case cannot be
successfully prosecuted and he recommends dismissal of the litigation. The refund of the
admissions taxes paid by the Vinton Moose Lodge since 1991 totals $7,460.19.
Mr. Mahoney recommended that the Board dismiss the litigation and refund
all admissions taxes paid by the Vinton Moose Lodge since 1991.
Supervisor Nickens moved to approve the staff recommendation. The motion
"
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
INRE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first readings and set the second
622
September 22,1998
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readings and public hearings for October 27, 1998. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
1.. Ordinance authorizing a Special Use Permit to construct a 100 ft.
cellular monoDole tower and support building. located on
Catawba Vallev Drive. 0.75 mile west of Oakey-Dolon Rd..
Catawba Magisterial District. UDon the petition of U. S. Cellular.
2. Ordinance authorizina a Special Use Permit to oDerate a bed and
breakfast from an existina home. located at 5209 Catawba Valley
Drive. Catawba Maaisterial District. UDon the petition of David
and Lucy Downs.
3. Ordinance authorizing a SDecial Use Permit to develop and
oDe rate a used automobile dealership. located in the 3100 block
of Brambleton Avenue. Windsor Hills Maaisterial District. UDon
the petition of Mark Houah.
4. Ordinance on a proposal of the Roanoke County Planning
Commission to amend and re-enact Section 30-28. 30-29-7 and
30-87-2 of the Roanoke County Zonina Ordinance to adopt new
standards Dertainina to the development of broadcastina towers
within Roanoke County.
IN RE:
SECOND READING OF ORDINANCES
1.. Second reading of ordinance authorizina creation of and
financing for a local public works improvement proiect: North
Road sewer Droiect. (Gary Robertson. Utility Director}
0-092298-5
Mr. Robertson advised that there have been changes since the first reading
""',--
September 22,1998
623
of the ordinance because another property owner, Eleanor Duncan, is considering
participating which will also require an easement across the Blevins property. If the
change is made, the total cost will be $51,750, with $40, 250 paid by the property owners.
In response to a question from Supervisor Harrison, Mr. Robertson advised that the
property owners have 60 days from adoption of the ordinance to make a final decision.
Supervisor Harrison moved to adopt the ordinance with changes to include
the addition of the Duncan property and to secure an easement on the Blevins property.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092298-5 AUTHORIZING THE CREATION OF AND
FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT,
NORTH ROAD SANITARY SEWER EXTENSION, AND ACCEPTING THE
DONATION OF UTILITY EASEMENTS
"
WHEREAS, Ordinance 112288-7 authorizes the financing of local public
works improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, the County Administration has negotiated the extension of the
public sewer system to the North Road area of Roanoke County; and
WHEREAS, the extension of the public sewer system and the creation of a
special utility (sewer) service area will alleviate a critical public health and safety problem;
and
WHEREAS, several of the residents have requested that the County allow
them to pay their portion of the costs of connection to the public sanitary sewer system
over ten years in accordance with the provisions of Ordinance 112288-7; and
WHEREAS, the first reading of this Ordinance was held on September 8,
1998, and the second reading was held September 22, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the authority of Ordinance 112288-7, the Board
authorizes and approves a local public works improvement project, namely, public sanitary
sewer extension for a portion of Roanoke County along North Road. The total construction
624
September 22, 1998
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cost of this public sewer project is estimated to be $46,000.00, to be initially financed as
follows:
Citizen Participation (7 x $5,750) $51,750
Advance from Public Works Participation Fl.M}d $11,500
That there is hereby appropriated for this project the sum of $11 ,500 from the
Public Works Participation Fund (which was established by the Board of Supervisors on
July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan
from the Sewer Fund.
2. That the Project Service Area is shown and designated on the
attached plat entitled Preliminary Plan North Road Sanitary Sewer prepared by the
Roanoke County Utility Department, dated September 8, 1998, and identified as Exhibit
1. The North Road Sanitary Sewer Service Area is created for a period of ten years.
(A) On or before November 21, 1998, any owner of real estate
within this service area may participate in and benefit from the public sanitary sewer
extension to this service area by paying the sum of $5,750 toward construction costs plus
$750, which represents 50% of the current off-site facility fee of $1,500, said costs to be
paid in full and in advance of connection to the public sanitary sewer extension or financed
in accordance with the provisions of paragraph 3.
(B) After November 21, 1998, any owner of real estate within this
service area may participate in and benefit from the public sanitary sewer extension to this
service area by paying the sum of $7,187 toward construction costs plus the off-site facility
fee in effect at the time of connection (currently $1,500), said costs to be paid in full and
in advance of connection to the public sanitary sewer extension.
3. That the Board authorizes and approves the payment by the property
owners in the project service area who elect to participate on or before November 21,
1998, of their portion of the cost of extending the public sanitary sewer system to their
properties in accordance with the following terms and conditions:
(a) Payment of $6,500 per property owner/residential connection
($5,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to
be financed for a maximum of 10 years at an interest rate of 8% percent per annum.
Property owners agree to pay $1 ,500 down and financing the remaining $5,000. The down
payment will be applied first to the off-site facility fee and then to the construction costs.
(b) Property owners agree to execute a promissory note or such
other instrument as the County may require to secure this installment debt.
(c) Property owners further agree to execute such lien document
or instrument as may be required by the County; said lien document or instrument to be
recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien
instrument or document shall secure the repayment of the promissory note by the property
owners to the County and shall be a lien against the property of the owners. Property
owners also agree to pay the County any Clerk's fees or recordation costs which may be
required to record any lien instrument or documents in the Office of the Clerk of the Circuit
Court.
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September 22,1998
625
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4. That the payment by citizens in the project service area, in excess of
the six (6) anticipated with this ordinance, who elect to participate, shall be made to the
various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and
payment of the construction costs shall be returned to the Public Works Participation Fund
until such time as the advance has been repaid; any further payment of construction costs
shall be returned to the Sewer Fund.
5. That the Board of Supervisors hereby accepts the donation to said
Board of a sewer line easement of variable width from the following property owners along
North Road: Lori S. Adkins (Tax Map No. 35.05-2-29) and William D. And Mary Ann
Blevins (Tax Map No. 35-04-2-9 and/or Tax Map No. 35-04-2-10) as shown on Exhibit 1.
6. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
transaction, all upon form approved by the County Attorney.
7. That this Ordinance shall take effect on and from the date of its
adoption.
On motion of Supervisor Harrison to adopt the ordinance with changes to
include Duncan property and secure easement on Blevins property, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Second readina of an ordinance authorizing creation of and
financing for a local public works improvement Droiect: Belle
Haven sewer proiect. (Gary Robertson. Utility Director)
0-092298-6
There was no discussion and no citizens to speak on this ordinance.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092298-6 AUTHORIZING THE CREATION OF AND
FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT,
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September 22,1998
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BELLE HAVEN ROAD SANITARY SEWER EXTENSION, AND AUTHORIZING
THE ACQUISITION OF EASEMENTS EITHER BY DONATION OR BY PURCHASE
WHEREAS, Ordinance 112288-7 authorizes the financing of local public
works improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, the County Administration has negotiated the extension of the
public sewer system to the Belle Haven Road area of Roanoke County; and
WHEREAS, the extension of the public sewer system and the creation of a
special utility (sewer) service area will alleviate a critical public health and safety problem;
and
WHEREAS, several of the residents have requested that the County allow
them to pay their portion of the costs of connection to the public sanitary sewer system
over ten years in accordance with the provisions of Ordinance 112288-7; and
WHEREAS, the first reading of this Ordinance was held on September 8,
1998, and the second reading was held September 22, 1998.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
,
1. That pursuant to the authority of Ordinance 112288-7, the Board
authorizes and approves a local public works improvement project, namely, public sanitary
sewer extension for a portion of Roanoke County along Belle Haven Road. The total
construction cost of this public sewer project is estimated to be $82,000.00, to be initially
financed as follows:
Citizen Participation (8 x $4,750) $38,000
Advance from Public Works Participation Fund $44,000
That there is hereby appropriated for this project the sum of $44,000 from the
Public Works Participation Fund (which was established by the Board of Supervisors on
July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan
from the Sewer Fund.
2. That the Project Service Area is shown and designated on the
attached plat entitled Belle Haven Road Sanitary Sewer Petition prepared by the Roanoke
County Utility Department, dated September 8, 1998, and identified as Exhibit 1. The
Belle Haven Road Sanitary Sewer Service Area is created for a period of ten years.
(A) On or before November 21, 1998, any owner of real estate
within this service area may participate in and benefit from the public sanitary sewer
extension to this service area by paying the sum of $4,750 toward construction costs plus
$750, which represents 50% of the current off-site facility fee of $1 ,500, said costs to be
paid in full and in advance of connection to the public sanitary sewer extension or financed
in accordance with the provisions of paragraph 3.
(B) After November 21, 1998, any owner of real estate within this
service area may participate in and benefit from the public sanitary sewer extension to this
service area by paying the sum of $5,937 toward construction costs plus the off-site facility
September 22,1998
627
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fee in effect at the time of connection (currently $1 ,500), said costs to be paid in full and
in advance of connection to the public sanitary sewer extension.
3. That the Board authorizes and approves the payment by the property
owners in the project service area who elect to participate on or before November 21,
1998, of their portion of the cost of extending the public sanitary sewer system to their
properties in accordance with the following terms and conditions:
(a) Payment of $5,500 per property owner/residential connection
($4,750 for construction costs plus $750 which is 50% of the current off-site facility fee) to
be financed for a maximum of 10 years at an interest rate of 8% percent per annum.
Property owners agree to pay $1 ,500 down and financing the remaining $4,000. The down
payment will be applied first to the off-site facility fee and then to the construction costs.
(b) Property owners agree to execute a promissory note or such
other instrument as the County may require to secure this installment debt.
(c) Property owners further agree to execute such lien document
or instrument as may be required by the County; said lien document or instrument to be
recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien
instrument or document shall secure the repayment of the promissory note by the property
owners to the County and shall be a lien against the property of the owners. Property
owners also agree to pay the County any Clerk's fees or recordation costs which may be
required to record any lien instrument or documents in the Office of the Clerk of the Circuit
Court.
4. That the payment by citizens in the project service area, in excess of
the eight (8) anticipated with this ordinance, who elect to participate, shall be made to the
various funds as follows: The off-site facility fee shall be returned to the Sewer Fund, and
payment of the construction costs shall be returned to the Public Works Participation Fund
until such time as the advance has been repaid; any further payment of construction costs
shall be returned to the Sewer Fund.
5. That the acquisition and acceptance of the necessary water and sewer
line easements, as shown on the attached map for the Belle Haven Sanitary Sewer
Project, either by donation or by purchase pursuant to paragraph 6 of this ordinance, is
hereby authorized across the following properties, referenced by tax map number, from the
following property owners, their successors or assigns:
TAX MAP NO. PROPERTY OWNER
26.12-1-25 McDaniel
26.12-1-24 Booze
26.12-1-16 Rasnick
26.12-1-17 Andrews
26.12-1-18 Garst
6. That the consideration for these easement acquisitions shall not
exceed a value equal to 40% of the current tax assessment for the property to be acquired
plus the cost of actual damages, if any, or the amount determined by an independent
appraisal; and
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September 22,1998
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7. That the consideration for these easements shall be paid from the
Sewer Repair and Replacement Fund; and
8. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
transaction, all upon form approved by the County Attorney.
9. That this Ordinance shall take effect on and from the date of its
adoption.
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
3. Second reading of an ordinance authorizinq the County
Administrator to execute a lease aareement on behalf of
Roanoke County for one acre of property at HapDv Hollow Park.
(Pete Haislip. Parks and Recreation Director)
0-092298-7
Mr. Haislip advised that the property was advertised for lease for 10 days.
They received 10 inquiries and one offer to rent. The property will be rented for $400 per
month which is consistent with the appraisal of the property.
Supervisor McNamara moved to adopt the ordinance leasing to Andrew
Bailey with rental income placed in the Parks Ground Maintenance Budget. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092298-7 AUTHORIZING THE LEASE OF THE HOUSE AND ONE
ACRE OF REAL ESTATE, EXCLUDING THE GUEST HOUSE, (TAX MAP NO.
75.00-2-36) LOCATED AT HAPPY HOLLOW PARK
September 22, 1998
629
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading concerning the disposition of the herein-described real
estate was held on September 8, 1998; the second reading and public hearing on this
matter was held on September 22, 1998; and
2. This property consists of approximately one acre of real estate with
improvements, excluding the guest house, identified as Roanoke County Tax Map No.
75.00-2-36; and
3. That it is in the County's best interests to lease this property to Andrew
Bailey in order to safeguard the valuable improvements thereon and to receive fair market
value lease payments until such time as it may be necessary to utilize said property in
connection with the Happy Hollow Park. This lease is subject to the provisions of Section
2.03 and 18.04 of the Roanoke County Charter. That funds generated through the rental
of this property be placed in the Parks Ground Maintenance Budget and
4. That the County Administrator is authorized to execute such
documents and take such actions on behalf of Roanoke County as are necessary to
accomplish this transaction, all of which shall be upon a form approved by the County
Attorney.
On motion of Supervisor McNamara to adopt the ordinance leasing to
Andrew Bailey with rental income placed in the Parks Ground Maintenance Budget, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
APPOINTMENTS
1. Grievance Panel
Supervisor Nickens nominated Vincent Reynolds to serve another three year
term which will expire September 10, 2001.
IN RE:
CONSENT AGENDA
R-092298-8. R-092298-8.c
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
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September 22, 1998
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AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Chairman Johnson asked Mr. Hodge to determine if the Consent Agenda
could be displayed on the television screen by the Roanoke Valley Television Station
during the meeting.
RESOLUTION 092298-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the certain section of the agenda of the Board of Supervisors for
September 22, 1998, designated as Item J - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Approval of improvements to Reavis Lane which serves as the
entrance to the Lloyd Property.
2. Acceptance and appropriation of $25,000 grant from the Virginia
Department of Conservation and Recreation for the Garst Mill
Greenway and park renovations.
3. Resolution of appreciation upon the retirement of Douglas Jones,
General Services.
4. Request from Schools to accept and appropriate $1,000 grant from
the Virginia Department of Education.
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for any
such item pursuant to this resolution.
On motion of Supervisor Johnson to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
......."
September 22, 1998
631
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RESOLUTION 092298-8.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF DOUGLAS JONES, GENERAL SERVICES
WHEREAS, Douglas Jones was first employed part time by Roanoke County
on June 17, 1987; and since August 5, 1989, has worked full time as a custodian with the
General Services Department; and
WHEREAS, Douglas Jones was the recipient of numerous awards from the
General Services Department; including Employee of the Year, Perfect Attendance for
three consecutive years, Cleanest Building, and Most Dependable; and
WHEREAS, Douglas Jones was also the recipient of two Extra Mile Club
awards given by Roanoke County; and
WHEREAS, Douglas Jones retired from Roanoke County on August 1, 1998,
after eleven years of services; and
WHEREAS, Douglas Jones, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to DOUGLAS JONES for eleven years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best wishes for a
happy, restful, and productive retirement.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR PUBLIC HEARINGS
,
Supervisor Johnson asked if a public hearing for the Home Depot rezoning
should be requested during the evening session. County Attorney Paul Mahoney advised
the Board to delay this item until the evening session.
Supervisor Harrison suggested that the Board hold the advertised public
hearings before the item allowing citizen comments on the Home Depot rezoning.
Chairman Johnson agreed.
632
September 22,1998
~
Supervisor McNamara requested that the Board member comments also be
delayed until the evening session.
During the evening session, the Board scheduled a public hearing for
October 13, 1998, at 7:00 p.m. for the rezoning petition for home Depot.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Minnix: He asked about amending the resolution establishing
the rules of order so that any future reconsideration would include a public hearing at
another meeting date. Mr. Mahoney responded that the resolution could be changed at
the organizational meeting. Chairman Johnson also noted that four members could vote
to suspend the rules if they chose to do so and that the rules of order are adopted every
January.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following reports after
discussion of Item 8. 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 CaDital Reserve
5. Accounts Paid - August 31.1998
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September 22, 1998
633
=
6. Statement of Revenues and Expenditures as of August 31. 1998.
7. Proclamation sianed by the Chairman
ª' Preliminary uDdate on year-end financial reports.
INRE:
WORK SESSIONS
1.. Discussion on proDosed early retirement packaae
The work session was presented by Diane Hyatt and held from 3:45 p.m. until
4:50 p.m.
Ms. Hyatt reported that after going out for bids, William M. Mercer, Inc. was
selected to prepared an actuarial analysis of the proposed Early Retirement Program for
Roanoke County and Roanoke County Schools. She presented the Board with the results
of the study, a comparison of the current School Early Retirement Plan to the proposed
plan, and examples of how the plan would work for teachers and administrators.
Supervisor Johnson advised that the School Board feels there is a significant
cost savings in the proposed plan. However, Supervisor Harrison remarked that the
savings exist only if the Schools replace experienced teachers with new teachers with no
experience. Ms, Hyatt also pointed out that the Schools will not generate any savings for
nine years and these savings must be set aside in a trust. The savings generated from the
current early retirement program are being used in the School's operating budget.
Following discussion, Chairman Johnson announced that it appeared that
the majority of the Board were not in support of moving forward with the proposed early
retirement plan. Mr. Hodge asked if Ms. Hyatt should continue to work with the School
634
September 22, 1998
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Board on this issue. Ms. Hyatt responded that she will be discussing the two plans again
with the School Board at their next meeting.
IN RE:
EXECUTIVE SESSION
Supervisor Johnson moved to go into Executive Session following the work
session pursuant to the Code of Virginia Section 2.1-344 A (5) discussion concerning a
prospective business or industry where no previous announcement has been made of the
business or industry's interest in locating in the community; and Section 2.1-344 A (7)
consultation with legal counsel concerning specific legal matter, gainsharing contract with
Town of Vinton. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-092298-9
,
At 7:00 p.m., Supervisor Johnson moved to return to open session,
announced that the Executive Session was held from 4:50 p.rn. until 5:25 p.m., and moved
to adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
~,
September 22,1998
635
RESOLUTION 092298-9 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has
convened an executive meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification
by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered by the Board of
Supervisors of Roanoke County, Virginia.
On motion of Supervisor Johnson to adopt the Certification Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARINGS
1.. Public Hearina and adoDtion of a resolution on the issuance of
Virginia Public School Authority bonds in the estimated
,
maximum amount of $7.965.000 to finance capital proiects for
Bonsack Elementarv School. Burlinaton Elementary School.
Clearbrook Elementarv School and Roof ReDlacements (Diane
Hvatt. Finance Director}
R-092298-10
Ms. Hyatt reported that on August 1, 1997, the Board authorized the School
Board to proceed with Phase 1 of the School Capital Improvement Program as outlined in
636
September 22,1998
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the revised Blue Ribbon Committee Report. Included were construction of a new
elementary school in the Bonsack area, renovations to Burlington Elementary and
Clearbrook Elementary and roof replacements. Staff is recommending that a public
hearing be conducted and that the Board adopt the resolution authorizing the issuance of
Virginia Public School Authority 1998 Fall VPSA bonds for an amount not to exceed
$7,965,000.
There was no discussion and no citizens to speak on the issue. Supervisor
Johnson moved to adopt the ordinance. The motion carried by the following recorded
vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092298-10 AUTHORIZING THE ISSUANCE OF $7,965,000
GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF
ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF
,
WHEREAS, the Board of Supervisors (the "Board") of the County of
Roanoke, Virginia (the "County") has determined that it is necessary and expedient to
borrow not to exceed $7,965,000 and to issue its general obligation school bonds to
finance certain capital projects for school purposes.
WHEREAS, the County has held a public hearing, after due publication of
notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the
"Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount
not to exceed $7,965,000.
WHEREAS the School Board of the County has requested by resolution the
Board to authorize the issuance of the Bonds (as defined below) and has consented to the
issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby
determines that it is advisable to contract a debt and to issue and sell general obligation
~
September 22,1998
637
-
school bonds of the County in an aggregate principal amount not to exceed $7,965,000
(the "Bonds") for the purpose of financing certain capital projects for school purposes. The
Board hereby authorizes the issuance and sale of the Bonds in the form and upon the
terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County
to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from
the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and
accepted by the Chairman of the Board or the County Administrator, such price to be not
less than 99% of par and not more than 103% of par, and upon the terms established
pursuant to this Resolution. The County Administrator and the Chairman of the Board, or
either of them, and suclh officer or officers of the County as either of them may designate,
are hereby authorized and directed to enter into the Bond Sale Agreement, dated as of
October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in
substantially the form on file with the County Administrator, which form is hereby approved
("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form
in denominations of $5,000 and whole multiples thereof; shall be dated the date of
issuance and delivery of the Bonds; shall be designated "General Obligation School
Bonds, Series 1998A"; shall bear interest from the date of delivery thereof payable semi-
annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning
July 15, 1999, (or such other date or dates as the County Administrator may approve) at
the rates established in accordance with paragraph 4 of this Resolution; and shall mature
on July 15 (or such other date as the County Administrator may approve) in the years
(each a "Principal Payment Date") and in the amounts established in accordance with
paragraph 4 of this Resolution.
4. PrinciDal Installments and Interest Rates. The County Administrator is
hereby authorized and directed to accept the interest rates on the Bonds established by
the VPSA, provided that each interest rate shall be ten one-hundredths of one percent
(0.10%) over the interest rate to be paid by the VPSA for the corresponding principal
payment date of the bonds to be issued by the VPSA (the 'VPSA Bonds"), a portion of the
proceeds of which will be used to purchase the Bonds, and provided further, that the true
interest cost of the Bonds does not exceed six and one-half percent (6%%) per annum.
The County Administrator is further authorized and directed to accept the aggregate
principal amount of the Bonds and the amounts of principal of the Bonds coming due on
each Principal Payment Date ("Principal Installments") established by the VPSA, including
any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal
Installments which may be requested by VPSA provided that such aggregate principal
amount shall not exceed the maximum amount set forth in paragraph one and the final
maturity of the Bonds shall not be later than 21 years from their date. The execution and
delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such
Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and
Principal Installments as having been so accepted as authorized by this Resolution.
638
September 22, 1998
-
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: Paving Aaent and Bond Reaistrar. The following provisions
shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all
payments of principal of, premium, if any, and interest on the Bonds shall be made in
immediately available funds to the VPSA at or before 11 :00 a.m. on the applicable Interest
Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if
such date is not a business day for Virginia banks or for the Commonwealth of Virginia,
then at or before 11 :00 a.m. on the business day next preceding such Interest Payment
Date, Principal Payment Date or date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the extent permitted by law,
interest shall bear interest at the applicable interest rate or rates on the Bonds; and
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar
and Paying Agent for the Bonds.
7. PreDayment or Redemption. The Principal Installments of the Bonds held
by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which
the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009,
are not subject to prepayment or redemption prior to their stated maturities. The Principal
Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the
definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature
after July 15, 2009, are subject to prepayment or redemption at the option of the County
prior to their stated maturities in whole or in part, on any date on or after July 15, 2009,
upon payment of the prepayment or redemption prices (expressed as percentages of
Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed)
set forth below plus accrued interest to the date set for prepayment or redemption:
Dates Prices
July 15, 2009 to July 14, 2010, inclusive............. 102%
July 15, 2010 to July 14, 2011, inclusive............. 101
July 15, 2011 and thereafter.......................... 100;
.0
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior
to their stated maturities as described above without first obtaining the written consent of
the registered owner of the Bonds. Notice of any such prepayment or redemption shall be
given by the Bond Registrar to the registered owner by registered mail not more than
ninety (90) and not less than sixty (60) days before the date fixed for prepayment or
redemption. The County Administrator is authorized to approve such other redemption
provisions, including changes to the redemption dates set forth above, as may be
requested by the VPSA.
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.
,
September 22,1998
639
~
9. PledQe of Full Faith and Credit. For the prompt payment of the principal
of, and the premium, if any, and the interest on the Bonds as the same shall become due,
the full faith and credit of the County are hereby irrevocably pledged, and in each year
while any of the Bonds shall be outstanding there shall be levied and collected in
accordance with law an annual ad valorem tax upon all taxable property in the County
subject to local taxation sufficient in amount to provide for the payment of the principal of,
and the premium, if any, and the interest on the Bonds as such principal, premium, if any,
and interest shall become due, which tax shall be without limitation as to rate or amount
and in addition to all other taxes authorized to be levied in the County to the extent other
funds of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate' Non-Arbitrage Certificate. The Chairman
of the Board and the County Administrator and such officer or officers of the County as
either may designate are hereby authorized and directed to execute a Non-Arbitrage
Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth
the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the
Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the VPSA
Bonds. The Board covenants on behalf of the County that (I) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such Use of
Proceeds Certificate and the County shall comply with the covenants and representations
contained therein and (ii) the County shall comply with the provisions of the Code 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 ProQram: Proceeds Agreement. The Board hereby
determines that it is in the best interests of the County to authorize and direct the County
Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds.
The County Administrator and the Chairman of the Board, or either of them, and such
officer or officers of the County as either of them may designate, are hereby authorized
and directed to execute and deliver a Proceeds Agreement with respect to the deposit and
investment of proceeds of the Bonds by and among the County, the other participants in
the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository
substantially in the form on file with the County Administrator, which form is hereby
approved.
12. Continuing Disclosure Agreement. The Chairman of the Board and the
County Administrator, or either of them, and such officer or officers of the County as either
of them may designate are hereby authorized and directed (I) to execute a Continuing
Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the County and containing such covenants as
may be necessary in order to show compliance with the provisions of the Securities and
Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of
the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as
defined in the Continuing Disclosure Agreement).
640
September 22,1998
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13. Filing of Resolution. The appropriate officers or agents of the County
are hereby authorized and directed to cause a certified copy of this Resolution to be filed
with the Circuit Court of the County.
14. Further Actions. The County Administrator, the Chairman of the Board,
and such other officers, employees and agents of the County as either of them may
designate are hereby authorized to take such action as the County Administrator or the
Chairman of the Board may consider necessary or desirable in connection with the
issuance and sale of the Bonds and any such action previously taken is hereby ratified and
confirmed.
15. Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of
Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract
from the minutes of a meeting of the Board of Supervisors held on September 22, 1998,
and of the whole thereof so far as applicable to the matters referred to in such extract. I
hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present. The front
page of this Resolution accurately records (I) the members of the Board of Supervisors
present at the meeting, (ii) the members who were absent from the meeting and (iii) the
vote of each member, including any abstentions.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Public Hearina and adoption of a resolution on the issuance of
general obliaation school bonds to be sold to the Virainia Public
School Authority in the 1998 Fall Literary Fund Subsidy Sale in
the estimated maximum amount of $5.000.000 to finance capital
proiects for Bonsack Elementarv School. (Diane Hvatt. Finance
Director}
R-092298-11
Ms. Hyatt reported that the Board has approved temporary advances to begin
construction of the new Bonsack Elementary School. The School Board has filed an
September 22, 1998
641
-
application for a Literary Loan of $5,000,000. The Virginia Public School Authority plans
to move forward with an interest rate subsidy bond issue in conjunction with their fall issue.
The interest rate subsidy sale would enable the County to receive VPSA funds this fall at
the same interest rates currently available through the Literary Loan process.
Following the public hearing, Ms. Hyatt recommended adoption of a
resolution authorizing the issuance of 1998 VPSA Literary Fund Subsidy Bonds in the
amount of $5,000,000.
There was no discussion and no citizens to speak on this issue. Supervisor
Johnson moved to adopt the resolution. The motion carried by the following recorded
vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092298-11 AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $5,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE
COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY PURSUANT TO THE LITERARY FUND
SUBSIDY SALE AND PROVIDING FOR THE FORM AND DETAILS
THEREOF
WHEREAS, in June, 1998, the Commonwealth of Virginia Board of Education
(the "Board of Education") placed the application (the "Application") of the School Board
of the County of Roanoke, Virginia (the "School Board") for a loan in the amount of
$5,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund
established by the Constitution of Virginia (the "Literary Fund"), for the construction,
renovation and expansion of school buildings (the "Project") in the County of Roanoke,
Virginia (the "County"), on the First Priority Waiting List.
WHEREAS, the Board of Education was to have approved the release of
Literary Fund moneys to the School Board and made a commitment to loan such moneys
to the School Board (the "Commitment") upon receipt of the Literary Fund of an
unencumbered sum available at least equal to the amount of the Application and the
642
September 22,1998
-
approval, by the Board of Education, of the Application as having met all conditions for a
loan from the Literary Fund.
WHEREAS, the Board of Education was thereafter to have given advances
on the amount of the Commitment for the Literary Fund Loan to the School Board, as
construction or renovation of the Project progressed, in exchange for a loan obligation from
the School Board to the Literary Fund (the "Literary Fund Obligation") for the amounts so
advanced.
WHEREAS, the Literary Fund Obligation was to have borne interest at four
percent (4%) per annum and mature in annual installments for a period of twenty (20)
years.
WHEREAS, in connection with the 1998 Interest Rate Subsidy Program (the
"Program"), the Virginia Public School Authority (the 'VPSA") has offered to purchase
general obligation school bonds of the County, and the Board of Education has offered to
pay, to the County, a lump sum cash payment (the "Lump Sum Cash Payment") equal to
the sum of (I) net present value difference, determined on the date that VPSA sells its
bonds, between the weighted average interest rate that the general obligation school
bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary
Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such
bonds of the County (the "Issuance Expense Allowance").
WHEREAS, the Board of Supervisors (the "Board") of the County of
Roanoke, Virginia (the "County") has determined that it is necessary and expedient to
borrow not to exceed $5,000,000 and to issue its general obligation school bonds to
finance certain capital projects for school purposes.
WHEREAS, the County has held a public hearing, after due publication of
notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the
"Virginia Code"), on September 22, 1998 on the issuance of school bonds in an amount
not to exceed $5,000,000.
WHEREAS the School Board of the County has requested by resolution the
Board to authorize the issuance of the Bonds (as defined below) and has consented to the
issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby
determines that it is advisable to contract a debt and to issue and sell general obligation
school bonds of the County in an aggregate principal amount not to exceed $5,000,000
(the "Bonds") for the purpose of financing certain capital projects for school purposes. The
Board hereby authorizes the issuance and sale of the Bonds in the form and upon the
terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County
to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the
Bonds at par, upon the terms established pursuant to this Resolution. The County
Administrator and the Chairman of the Board, or either of them, and such officer or officers
of the County as either of them may designate, are hereby authorized and directed to enter
September 22,1998
643
-
,
into the Bond Sale Agreement, dated as of October 9, 1998, with the VPSA providing for
the sale of the Bonds to the VPSA in substantially the form on file with the County
Administrator, which form is hereby approved ("Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form
in denominations of $5,000 and whole multiples thereof; shall be dated the date of
issuance and delivery of the Bonds; shall be designated "General Obligation School
Bonds, Series 1998B"; shall bear interest from the date of delivery thereof payable semi-
annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning
July 15, 1999, (or such other date or dates as the County Administrator may approve) at
the rates established in accordance with paragraph 4 of this Resolution; and shall mature
on July 15 (or such other date as the County Administrator may approve) in the years
(each a "Principal Payment Date") and in the amounts established in accordance with
paragraph 4 of this Resolution.
4. Principal Installments and Interest Rates. The County Administrator is
hereby authorized and directed to accept the interest rates on the Bonds established by
the VPSA, provided that each interest rate shall be ten one-hundredths of one percent
(0.10%) over the interest rate to be paid by the VPSA for the corresponding principal
payment date of the bonds to be issued by the VPSA (the 'VPSA Bonds"), a portion of the
proceeds of which will be used to purchase the Bonds, and provided further, that the true
interest cost of the Bonds does not exceed six and one-half percent (6%%) per annum.
The County Administrator is further authorized and directed to accept the aggregate
principal amount of the Bonds and the amounts of principal of the Bonds coming due on
each Principal Payment Date ("Principal Installments") established by the VPSA, including
any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal
Installments which may be requested by VPSA provided that such aggregate principal
amount shall not exceed the maximum amount set forth in paragraph one and the final
maturity of the Bonds shall not be later than 21 years from their date. The execution and
delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such
Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and
Principal Installments as having been so accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single,
temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Payina Aaent and Bond Reaistrar. 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
644
September 22,1998
=
(c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and
Paying Agent for the Bonds.
7. No Prepayment or RedemDtion. 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.
8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk
or any Deputy Clerk of the Board are authorized and directed to execute and deliver the
Bonds and to affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal
of, and the premium, if any, and the interest on the Bonds as the same shall become due,
the full faith and credit of the County are hereby irrevocably pledged, and in each year
while any of the Bonds shall be outstanding there shall be levied and collected in
accordance with law an annual ad valorem tax upon all taxable property in the County
subject to local taxation sufficient in amount to provide for the payment of the principal of,
and the premium, if any, and the interest on the Bonds as such principal, premium, if any,
and interest shall become due, which tax shall be without limitation as to rate or amount
and in addition to all other taxes authorized to be levied in the County to the extent other
funds of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate: Non-Arbitrage Certificate. The Chairman
of the Board and the County Administrator and such officer or officers of the County as
either may designate are hereby authorized and directed to execute a Non-Arbitrage
Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth
the expected use and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the provisions of the
Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations
relating to the exclusion from gross income of interest on the Bonds and on the VPSA
Bonds. The Board covenants on behalf of the County that (I) the proceeds from the
issuance and sale of the Bonds will be invested and expended as set forth in such Use of
Proceeds Certificate and the County shall comply with the covenants and representations
contained therein and (ii) the County shall comply with the provisions of the Code, except
as provided above, so that interest on the Bonds and on the VPSA Bonds will remain
excludable from gross income for Federal income tax purposes.
11. State Non-Arbitraae Program: Proceeds Aareement. 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.
September 22, 1998
645
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12. ContinuinQ Disclosure Aareement. 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.
The undersigned Clerk of the Board of Supervisors of the County of
Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract
from the minutes of a meeting of the Board of Supervisors held on September 22, 1998,
and of the whole thereof so far as applicable to the matters referred to in such extract. I
hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present. The front
page of this Resolution accurately records (I) the members of the Board of Supervisors
present at the meeting, (ii) the members who were absent from the meeting and (iii) the
vote of each member, including any abstentions.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
1.. First readina of ordinance to exercise an option with Kenneth
Keeney and Catherine Keenev to Durchase aDDroximatelv 0.254
acres on Westmoreland Avenue in connection with an economic
646
September 22, 1998
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development proiect located off Routes 419 and 221. (Jovce
Wauah. Assistant Director of Economic DeveloDment)
This request is related to the development of proposed construction of a
Home Depot. The property is necessary for the construction of access to the realignment
and reconstruction of Westmoreland Avenue. The County Administrator has negotiated
a purchase price of $125,000.
Supervisor Minnix inquired whether the property will still be needed if the
Home Depot rezoning is denied. Mr. Hodge responded that the County would still need
the property if the intersection gets traffic signalization, and the purchase should continue
in fairness to the Keeneys.
Supervisor Minnix moved to approve the first reading and set the second
reading on October 13, 1998, at 7:00 p.m. after the Home Depot public hearing. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1.. Second reading of ordinance to vacate a portion of a 25-foot
sanitarY sewer and drainage easement recorded in Section 1.
Triple Crown Estates. as recorded in Plat Book 15. Paae 131 and
located on Lot 11. Block 1. (tax map #50.03-4-24\ Section 2.
Triole Crown Estates. recorded in Plat Book 17. Page 123. and
September 22,1998
647
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located in the Hollins Maaisterial District. (Arnold Covey.
Director of Community Develooment)
0-092298-12
There was no discussion and no citizens to speak on this item.
Supervisor Johnson moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092298-12 VACATING A 1-FOOT BY 49.2-FOOT PORTION
OF A 25-FOOT SANITARY SEWER AND DRAINAGE EASEMENT
CREATED ON PLAT OF SECTION 1, TRIPLE CROWN ESTATES, PLAT
BOOK 15, PAGE 131, AND NOW LOCATED ON LOT 11, BLOCK 1,
SECTION 2, TRIPLE CROWN ESTATES (TAX MAP NO. 50.03-4-24)
RECORDED IN PLAT BOOK 17, PAGE 123, OWNED BY CLAYTON T.
AND PATRICIA G. FOWLER IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat entitled "Plat of Section 1, Triple Crown
Estates" dated September 15, 1992, and recorded in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 15, page 131, C & D Builders, Inc., dedicated
certain public easements, including a 25' sanitary sewer and drainage easement through
its remaining property as shown on said plat; and,
WHEREAS, the remaining property was subsequently subdivided by plat
entitled "Plat of Section 2, Triple Crown Estates" dated August 17, 1994, of record in the
aforesaid Clerk's Office in Plat Book 17, page 123; and,
WHEREAS, a part of the 25' sanitary sewer and drainage easement
originally located on the remaining property is now located on Lot 11, Block 1, Section 2,
Triple Crown Estates (Tax Map No. 50.03-4-24), in Plat Book 17, page 123, owned by
Clayton T. and Patricia G. Fowler, the Petitioners; and,
WHEREAS, a recent survey of the property reflects that the residential
dwelling located thereon encroaches upon a portion of the northeast side of the existing
25' sanitary sewer and drainage easement; and,
WHEREAS, the Petitioners have requested that a l' x 49.2' portion of said
easement be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant
to §15.2-2272.2 of the Code of Virginia (1950, as amended); and,
648
September 22, 1998
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,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on
September 8, 1998; the public hearing and second reading of this ordinance was held on
September 22, 1998.
WHEREAS, this vacation will not involve any cost to the County, will not
affect the ability to provide service, and the affected County departments have raised no
objection.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That a l' x 49.2' portion of a 25' sanitary sewer and drainage
easement as shown on Exhibit A attached hereto, said easement having been created and
dedicated on the subdivision plat entitled "Plat of Section 1, Triple Crown Estates" dated
September 15, 1992, and recorded in Plat Book 15, page 131, and now being partially
located on Lot 11, Block 1, Section 2, Triple Crown Estates (Tax Map No. 50.03-4-24), in
Plat Book 17, page 123, owned by Clayton T. and Patricia G. Fowler, in the Hollins
Magisterial District of the County of Roanoke, Virginia, be, and hereby is, vacated pursuant
to Section 15.2-2272 of the Code of Virginia (1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to publication, survey, and
recordation costs shall be the responsibility of the Petitioner, Clayton T. and Patricia G.
Fowler; and,
3. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish the provisions of this ordinance, all of
which shall be on form approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor Johnson to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
2. Second reading of ordinance to vacate a 15-foot Dublic utility
easement shown on Tract 'A'. Winterberry Pointe. as recorded in
Plat Book 9 at Page 289 and located in Windsor Hills Magisterial
District. (Arnold Covev. Director of Communitv Development}
"
September 22, 1998
649
-
0-092298-13
There was no discussion and no citizens to speak on this item.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092298-13 VACATING A 15-FOOT PUBLIC UTILITY
EASEMENT ACROSS LOTS 8 AND 9, AND A PORTION OF
WINTERBERRY SQUARE, IN SECTION 2, WINTERBERRY POINTE, PLAT
BOOK 19, PAGE 56, (FORMERLY TRACT "A", PLAT BOOK 9, PAGE
289) AND ACROSS PARCEL "C" OF WINTERBERRY POINTE, PLAT
BOOK 9, PAGE 289, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT
,
WHEREAS, by subdivision plat entitled "Plat of Winterberry Pointe" dated
June 4, 1984, and recorded in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Plat Book 9, page 289, Builders Investment Group, Inc., dedicated certain
public easements, including a fifteen-foot (15') public utility easement through "TRACT A -
1.868 Ac." and "PARCEL C - 1.029 Ac." as shown on said plat; and,
WHEREAS, Tract A was subsequently resubdivided by plat entitled "Plat
Showing Lots 1-15, Section 2, Winterberry Pointe and New Lot 1A, Block 2, Winterberry
Pointe" dated October 10, 1996, of record in the aforesaid Clerk's Office in Plat Book 19,
page 56; and,
WHEREAS, the portion of the 15' p.u.e. originally located on Tract A is now
located on Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe, as shown
on the resubdivision plat in Plat Book 19, page 56; and,
WHEREAS, the petitioner, Boone, Boone & Loeb, Incorporated, is the
developer of Winterberry Pointe and is the current owner of Lot 8, Section 2; and,
WHEREAS, the petitioner has requested that said 15' public utility easement
be vacated by the Board of Supervisors of Roanoke County, Virginia, pursuant to §15.2-
2272.2 of the Code of Virginia (1950, as amended); and,
WHEREAS, notice has been given as required by §15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading of this ordinance was held on
September 8, 1998; the public hearing and second reading of this ordinance was held on
September 22, 1998.
WHEREAS, there being no objection raised by the appropriate public utility
companies entitled to use the subject easement and there being no public utility company
or county facilities located within the subject easement.
650
September 22, 1998
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the public utility easement, being fifteen feet (15') in width and
extending across Lots 8 and 9, and Winterberry Square, Section 2, Winterberry Pointe,
Plat Book 19, page 56, (formerly across Tract 'A' in Plat Book 9, page 289) and across
Parcel 'C', Plat Book 9, page 289, in the Windsor Hills Magisterial District of the County
of Roanoke, Virginia, as shown on subdivision plat entitled "Plat of Winterberry Pointe"
dated June 4, 1984, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 289,
and as further shown on the Exhibit A attached hereto, be, and hereby is, vacated
pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended); and,
2. That, as a condition to the adoption of this ordinance, all costs and
expenses associated herewith, including but not limited to publication, survey, and
recordation costs shall be the responsibility of the petitioner, Boone, Boone & Loeb,
Incorporated; and,
3. That the County Administrator, an Assistant County Administrator, or
any County Subdivision Agent is hereby authorized to execute such documents and take
such actions as may be necessary to accomplish the provisions of this ordinance, all of
which shall be on form approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its
adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor McNamara to adopt the ordinance, and carried by
the following recorded vote:
AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
NAYS: None
"
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
1. Nancv Hughes pointed out that the field house at Cave Spring High
School is the first new school project constructed in the Cave Spring District in 20 years.
She requested that the Board have trust in the members of the School Board who are now
elected by the citizens.
~,
September 22,1998
651
2. Barbara Bushnell. 5204 Bearina Road. asked about the status of the
new South County High School and Glenvar Middle School.
Chairman Johnson responded that the Board just received today a letter
from the Chairman of the School Board responding to the letter written by Chairman
Johnson in August, and that the School Board now needs to get an option on the property
for the new South County High School.
IN RE:
CITIZEN COMMENTS
"
1.. This time has been reserved for citizen inDut related to the
rezonina of Home Depot.
The following citizens spoke in support of the rezoning of Home Depot for the
following various reasons: (a) there will be increased revenue generated and new jobs
created; (b) the land is already designated Core in the County's Land Use Plan; (3) the
competition with other similar stores will lower prices; (4) the project will benefit new
construction in the area.
1. Allen Trigger. 3519 Forester Road. Roanoke
2. Ed Natt 1919 Electric Road. Roanoke
3. Scott Adkins. 3057 Timberline Avenue
4. Steve Noble. 5376 Canter Drive Roanoke
5. Doug Freeman. 3214 Electric Road. Roanoke (Partner in Sprinawood
Associates)
652
September 22, 1998
=
6. Alan Ham. 6001 Monet Drive. Roanoke (presented a petition signed bv
people in SUDDort of the rezoning)
7. Renee Freeman. 4823 Merriman Road. Roanoke. (Presented 7 letters of
support from citizens)
8. Roger Wickert 4640 Mill View Court. Roanoke
9. Wes Sowder 6989 Poage Valley Road Ex!.. Roanoke
10. Harry Smith. 3214 Electric Road. Roanoke
11. Tommy Booze. 3930 Read Mountain Road. Roanoke
12. Bob Freeman. 4823 Merriman Road. Roanoke (Partner in Sprinawood
Associates)
",
The following citizens spoke in opposition to the proposed rezoning for
Home Depot for the following reasons: (a) increased traffic at the intersection of Route
419 and 220; (b) families living on Westmoreland and will be negatively affected by the
Home Depot; (c) the revenue statistics that have been quoted are questionable because
a Home Depot and Lowes are already located on the north side of the Roanoke Valley and
a Home Depot and Lowes will be located on south side and the four stores will have to
share the projected revenue; (d) the intersection of Routes 419 and 221 is not a good
location for a "big box" store; and (e) the reconsideration on September 8 and subsequent
approval of the rezoning after it had been denied on August 18 was not handled
appropriately by the Board.
1. James Garris 3108 D. Honeywood Lane. Roanoke
September 22, 1998
653
2. Douglas Basham. 5540 Westbrair Court. Roanoke (spoke on behalf of a
Cave Soring organization that is raisina funds to pursue legal avenues to prevent the
rezonina. )
3. Carmel Cunninaham. 5108 Spring lawn Avenue. Roanoke
4. Ann Quensenberrv. 5944 Cartwright Drive. Roanoke
5. Michael Naughton. 3827 View Avenue. Roanoke
6. Patricia Meador. 3812 Antietam Drive. Roanoke
7. Hal Jones. 3734 Thompson Lane. Roanoke
8. William L. Beane. 4023 Hidden Lane Roanoke
9. Mark Peterson. P. O. Box 3272. Roanoke
10. Sam Cosnotti. 3508 Farminaton Drive. Roanoke
11. Freddie E. Williams. 3308 Electric Road. Roanoke
12. Ruth L. Moseley. 3425 Greencliff Road. Roanoke
13. David S. Courev 3419 Ashmeade Drive Roanoke
14. Annie Krochalis. 9428 Patterson Dr.. Roanoke
~, 15. Vern Jolley. 3110 Harmonv Road. Roanoke
16. Mike Wray 5650 Yellow Mountain Road. Roanoke
There was extensive discussion on the proper procedures for reconsideration
and assuring that citizens would have the opportunity to be heard.
Supervisor Nickens explained that the vote on September 8 was not intended
to be deceitful, but was procedurally correct according to the County Attorney. His intent
654
September 22,1998
-
in voting to deny the rezoning on August 18 was to reserve the right to reconsider the item
at the next meeting. He had hoped to provide new information so that Supervisors
McNamara or Minnix could support the request. He advised that even though he felt that
the action taken was legal, because of a recent court ruling in Nelson County, he felt it
would be more appropriate to readvertise the rezoning request and hold another public
hearing. Mr. Mahoney responded that although the procedures were consistent with the
statutes, in order to hear the citizens concerns, a public hearing could be scheduled for
October 13.
",
Supervisor McNamara questioned what the purpose of the public hearing
would be. Supervisor Nickens responded that it would be the fairest approach for the
citizens, and would address potential legal concerns that have been voiced.
Supervisor Minnix expressed his concern at the perception by the citizens
of the Board's action on September 8. He suggested that when the rules are established
next year, that there be a public hearing for any issue that is reconsidered. Supervisor
Harrison explained that he has consistently supported the rezoning, and pointed out that
many controversial rezonings have taken place in the Catawba Magisterial District.
Supervisor Nickens moved to schedule an advertised public hearing for
October 13, 1998, on the Board of Supervisors' petition to rezone property at the
intersection of Routes 419 and 221 for Home Depot. The motion carried by the following
recorded vote:
AYES:
Supervisors McNamara, Minnix, Harrison, Nickens, Johnson
~
September 22,1998
655
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NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS CONTINUED
,
SUDervisor McNamara: (1) He expressed pleasure at the way that the
Board members conducted themselves while the citizens were commenting on the Home
Depot rezoning, but was concerned about whether the actions by the Board were
parliamentarily correct. He felt that the majority of citizens did not think that the Board had
acted correctly. He advised that at the October 13, 1998 meeting that he would move to
rescind the action taken on September 8, 1998 regarding approval of the Home Depot
rezoning. Supervisor Nickens questioned whether Supervisor McNamara's proposed
motion to rescind the action was procedurally correct. Chairman Johnson asked Mr.
Mahoney to research the procedures and parliamentary rules concerning this action. (2)
He announced that the next School Construction Committee meeting would be held on
October 7, 1998. Chairman Johnson asked Supervisor McNamara to check on the
Science Labs.
Suoervisor Harrison: (1) He reported that Miss Virginia, Nicole Johnson,
who was recently chosen as Miss America spoke at the DARE Camp. She told those
attending that she lost the Miss Virginia title three times before winning. Supervisor
Harrison believes that she should serve as a role model for youths not to give up on their
dreams. (2) He announced that the Mud Run was held at Green Hill Park and that the
number of participants has increased.
656
September 22, 1998
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IN RE:
ADJOURNMENT
At 9:30 p.m., Chairman Johnson adjourned the meeting to Wednesday,
October 7, 1998, at 12: 15 p.m. for a joint meeting with the Roanoke City Council at the
Sanctuary Youth Home.
Submitted by,
Approved by,
~?/. Q¿,z, v
Mary H. Allen, CMC/AAE
Clerk to the Board
"",