HomeMy WebLinkAbout1/22/1991 - Regular
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3unuary 2¿, ~~~l
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
January 22, 1991
The Roanoke County 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 January, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:05 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Bob L. Johnson,
Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator for
Human Services; John R. Hubbard, Assistant County
Administrator of Community Services and
Development; Don M. Myers, Assistant County
Administrator for Management Services; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
Brenda J. Holton, Deputy Clerk; Anne Marie Green,
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January 22, 1991
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Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Robert N. Hamner,
Grandin Court Baptist Church. The Pledge of Allegiance was recited by
all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Presentation from Reqional Partnership concerninq
Allied Siqnal.
Mr. Mark Heath, Executive Director of the Roanoke Regional
Partnership, and representing Len Boone, President, presented a frame
of newspaper articles and pictures concerning Allied Signal in
appreciation to the Board. He advised that Allied Signal announced
today that the project was on hold until January 28, 1991 but was
still scheduled for completion in 1994. County Administrator Elmer
Hodge suggested that the County go ahead with securing utilities for
the project.
~ Recoqnition of County personnel
Mr. Hodge introduced the new procurement director, Susan
Hansey, and expressed gratitude to Phillip Henry for his work as
Director of the Engineering Department upon his departure for another
position in Nevada.
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January 11, 1991
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IN RE:
REQUESTS FOR WORK SESSIONS
At the request of Supervisor Eddy, a work session on CIP was
set for February 12, 1991 as part of the Budget Work Session.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING FOR REZONING
ORDINANCE - CONSENT AGENDA
Supervisor Johnson moved to approve first reading and set
the public hearings for February 26, 1991. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
1. Ordinance to rezone approximately 0.5 acre from B-1 to
M-1 to expand existing building for additional storage
facility, located at 4721 Starkey Road, Cave Spring
Magisterial District, upon the petition of Roger
Jefferson.
2. Ordinance authorizing a Use Not Provided for Permit to
allow summer concerts, located in Valleypointe, Hollins
Magisterial District, upon the petition of the Easter
Seal Society of VA, Inc.
3. Ordinance authorizing a Use Not Provided For Permit to
erect a self-supporting communication tower, located
off of Twelve O'clock Knob Road, Catawba Magisterial
District, upon the petition of Cellular One.
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance authorizing acceptance and acquisition of
surplus real estate adjacent to Fort Lewis Elementary
School and authorizing conveyance to the Commonwealth
of Virginia.
There was no discussion.
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.T~n11ary 22, 1991 _
Supervisor Nickens moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
ORDINANCE 12291-1 AUTHORIZING THE ACCEPTANCE AND
ACQUISITION OF SURPLUS REAL ESTATE FROM THE
ROANOKE COUNTY SCHOOL BOARD, AND FURTHER,
AUTHORIZING THE CONVEYANCE OF SAME TO VARIOUS
OTHER PARTIES
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
Roanoke County Charter, the acquisition and disposition of real estate
can be authorized only by ordinance.
A first reading of this
ordinance was held on January 8, 1991; and a second reading was held
on January 22, 1991.
2. That the County School Board of Roanoke County on December 6,
1990, adopted a resolution declaring twenty (20) feet of the Fort
Lewis Elementary School property to be surplus property pursuant to
Section 22.1-129 of the Code of Virginia (1950), as amended.
3. That the acceptance and acquisition of certain real estate
located in front of the Fort Lewis Elementary School along State Route
460 as further identified on Sheets 8 and 9 of the plans for Route
460, State Highway Project 0460-129-104 PE101, from the Roanoke County
School Board is hereby authorized.
4. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject real estate is being made
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available to the Commonwealth of Virginia and various public utilities
for other public uses, namely, improvements to state Route 460.
5. That the offer of the Virginia Department of Transportation
in the amount of $2,383.00 for the acquisition of a temporary
construction easement, utility easements, metal rail, landscaping and
any and all damages is hereby accepted and shall be credited to the
School Capital Outlay Fund, and the conveyance of the real estate
described above to the Virginia Department of Transportation, the City
of Salem Electric Department, Appalachian Power Company, and C & p
Telephone Company for other public uses is hereby authorized and
approved.
6. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary to
accomplish these transactions, all of which shall be on form approved
by the County Attorney.
On motion of Supervisor Nickens to adopt ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE:
APPOINTMENTS
~ Roanoke Reqional Airport Commission
Supervisor Nickens nominated Supervisor Robers for
reappointment to a four-year term on the Airport Commission. The term
will expire February 10, 1995. Supervisor Robers advised that he
would serve until such time as a citizen representative could be
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appointed to the commission. Supervisor Nickens requested that
criteria for the citizen representative be submitted from the
supervisors and included in the Consent Agenda for the February 12,
1991 meeting.
IN RE:
CONSENT AGENDA
Supervisor Nickens requested that Item 5 be amended to show
the correct magisterial district.
Supervisor Robers moved to approve the resolution with Item
5 corrected from Vinton Magisterial District to Hollins Magisterial
District. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
RESOLUTION 12291-2 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K - 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 January 22, 1991, designated as Item K - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 7,
inclusive, as follows:
1. Confirmation of Committee Appointments to the Board of
Zoning Appeals and Building Code Board of Adjustments
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and Appeals.
2. Acceptance of sanitary Sewer Facilities serving Luwana
Drive Subdivision.
3. Acceptance of Water and Sanitary Sewer Facilities
serving Meadow Creek, Section 4.
4. Acceptance of Water and Sanitary Sewer Facilities
serving Waterford Townhouses Section 1 and 2.
5. Donation of drainage easement in connection with the
Orchards Subdivision from Jack L. Bennett and Janet F.
Bennett.
6. Request for acceptance of Salisbury Drive into the
Virginia Department of Transportation Secondary System.
7. Request for approval of a Raffle Permit from the Back
Creek Elementary School PTA.
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 Robers to adopt resolution with
correction in magisterial district from Vinton to Hollins contained in
Item 5, and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 12291.2.f REQUESTING ACCEPTANCE OF
SALISBURY DRIVE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
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proceedings herein, and upon the application of Salisbury Drive, from
its south intersection with Cavalier Drive to its north intersection
with Old Locke Court, for a distance of 0.17 miles, to be accepted
and made a part of the Secondary System of State Highways under
Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have heretofore been
dedicated by virtue of a certain map known as Canterbury Park, Section
#5 Subdivision which map was recorded in Plat Book 11, Page 77, of the
records of the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, on December 27, 1988 and that by reason of the recordation
of said map no report from a Board of Viewers, nor consent or donation
of right-of-way from the abutting property owners is necessary. The -'
Board hereby guarantees said right-of-way for drainage.
3. That said road known as Salisbury Drive and which is
shown on a certain sketch accompanying this Resolution, be, and the
same is hereby established as a public road to become a part of the
State Secondary System of Highways in Roanoke County, only from and
after notification of official acceptance of said street or highway by
the Virginia Department of Transportation.
On motion of Supervisor Robers to adopt resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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January 11, 1QQ1
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Supervisor Eddv: (1) He announced that the first Recycling
Advisory Committee meeting was held on January 17, 1991. (2) He
detailed his suggestions dealing with the format of the CIP Program.
A work session on CIP was set for February 12, 1991 at 7 p.m. as part
of the Budget Work Session. Supervisor Nickens advised that he would
not be present. Mr. Hodge was asked to gather suggestions at the work
session and bring back to the board at a budget session. (3) He
asked for an update on the status of cable tv negotiations.
Supervisor McGraw advised that the Public Access Committee had made
recommendations to the negotiation committee and another meeting will
be scheduled. He advised that both governing bodies will vote on the
final document. (4) He asked for the status of the revisions to the
County Code. County Attorney Mahoney advised that this should be
received at any time.
Supervisor Johnson: (1) He discussed a pending bill
concerning the Freedom of Information Act which would eliminate
certification of executive sessions.
Supervisor Nickens: (1) He reported on the luncheon with
the Employees Advisory Committee which was attended today by him and
Supervisor Johnson. (2) He distributed an Explore 94 brochure to
board members and requested that a copy be sent to each member of
General Assembly. He asked for a report at the February 12, 1991
meeting of the Board's recommendation on location of the Visitor's
Center at the Explore Project. (3) He expressed support for Madison
Marye's pending bottle bill. It was the consensus of the Board that
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January 22, 1991
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Mr. Hodge write a letter of support for this bill.
(4) He expressed
concern about the appointment of the Public Access Committee by the
Cable TV Negotiation Committee. His concern was that cable television
funds should not be marked for a specific process but funds should be
subjected to budget process.
Supervisor Robers: (1) He reminded that a public hearing
will be held by Virginia Department of Transportation on January 24,
1991 on the Crystal Creek road improvement project and asked that a
transcript of the hearing be requested. He requested that the board
take action at the February 12, 1991 meeting to oppose or support the
project and to forward the action to the Virginia Department of
Transportation before a final decision is made in Richmond. He asked
that the Virginia Department of Transportation be requested to waive
the ten day time limit. Mr. Hodge advised that the project will be
considered at the February 26, 1991 work session on the six year plan.
Supervisor McGraw: (1) He reported on the VACOjVML task
force meeting held January 17, 1991 in Richmond. There will be a two-
day meeting in Roanoke in March. There will be a VACO meeting on
February 1, 1991 to talk to legislators throughout the state.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the following
reports after a discussion of Item 5. The motion carried by the
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following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
1. General Fund Unappropriated Balance
2. Board Contingency Fund
3. Statement of income and expenses for the six months
ended December 31, 1990
4. Accounts Paid - December 1990
5. Report on Crystal Creek Drive road improvements.
Supervisor Nickens pointed out that this project was listed
on the six year plan in 1986-87, and not 1980 as the board report
stated. He distributed a report obtained from John Willey, Director
of Real Estate Assessment, showing that of the 27 homes on the road,
15 purchases have been made since 1987. He indicated that there is a
difference in estimates of the costs ranging from 4.2 million to 2.94
million. Supervisor Nickens felt that the board should look at the
total County needs at the same time considering the needs of the 27
homeowners.
Supervisor Robers asked for future clarification as to when
Crystal Creek Road was actually placed on the six year plan since the
board report stated that it was 1980.
6. Report from Commissioner of Revenue on vehicle decal
enforcement efforts.
Supervisor Johnson commended R. Wayne Compton, Commissioner
of Revenue, for his efforts at enforcement and suggested that Chairman
McGraw contact other localities requesting mutual enforcement.
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Supervisor Eddy pointed out that this could a topic of cooperation at
a meeting between the localities. Due to time limitations of setting
up such a meeting, and with the consensus of the board, Chairman
McGraw requested that Mr. Hodge and Mr. Mahoney go forward and draft a
communication to other localities. Supervisor Johnson suggested that
Mr. Compton could contact the other Commissioners of Revenue for their
assistance.
IN RE:
RECESS
There was no Executive Session and Supervisor Eddy moved at
4:10 p.m. to recess to the evening meeting. The motion carried by a
unanimous voice vote.
IN RE:
RECONVENEMENT
At 7:05 p.m., Chairman McGraw reconvened the meeting with
all supervisors present.
IN RE:
RESOLUTION OF APPRECIATION
~ Resolution in Appreciation to Amphibious Construction
Battalion #2. Detachment 106
Chairman McGraw advised that a resolution had been requested
for this local unit which was recently activated due to the war in the
Middle East. He requested that Mr. Hodge present the resolution to the
unit before they leave on January 23, 1991.
Supervisor Johnson moved to approve the resolution. The
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January ÃÃ, 1QQ1
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 12291-3 IN APPRECIATION TO
AMPHIBIOUS CONSTRUCTION BATTALION #2, DETACHMENT 106
WHEREAS, due to the crisis in the Persian Gulf, various
Army, Navy, Marine and Air Force reserve units have been called to
active duty; and
WHEREAS, these units include men and women from Roanoke
County and from the entire Roanoke Valley; and
WHEREAS, on January 23, members of the Amphibious
Construction Battalion #2, Detachment 106 will be leaving the Roanoke
Valley; and
WHEREAS, these people are placing themselves in danger to
protect the rights and privileges of citizens of the free world.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors, on its own behalf and on behalf of all the
citizens of Roanoke County, does hereby extend deepest appreciation
and gratitude to all those brave men and women who have volunteered to
serve their Country during this time of war; and
FURTHER, BE IT RESOLVED, that the Board of Supervisors
extends its wishes for good luck and a safe return to the members of
the Amphibious Construction Battalion, Detachment 106.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
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JaRuary 22, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
AYES:
None
IN RE:
PUBLIC HEARINGS
191-1
Public Hearing to elicit citizen comment for items
to be included in fiscal year 1991-92 Roanoke
County Budget.
County Administrator Elmer Hodge explained that this is a
public hearing set for citizen comment and input on the budget before
the staff begins to prepare the 1991-92 budget.
The following citizens spoke concerning items for the
proposed 1991-92 fiscal year budget.
~ Jan B. Danahy, 3250 Woodview Road, representing Green
Valley Elementary School, requested funding for library expansion,
kindergarten expansion, air conditioning needs and expressed concerns
about enrollment. She also stated that she supported a referendum.
~ Noel Chitwood, 5446 Chatsworth Drive, member of the
Board of Directors of the Mental Heath Association, requested
increased funding.
~ Bud McWhorter, 5006 Gatewood Avenue, President, Roanoke
County Education Association, spoke in support of quality education.
~ Bettv Brovles, 2040 Elizabeth Drive, East County
citizens for Education, asked that the educational standards not be
lowered because of budget restraints; does not want the elimination of
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elementary guidance teachers; does not wants cuts in programs; and
would like the tax rate set back to $1.15.
~ Bill Conrad, 932 Pedigo Lane, vinton Booster Club,
spoke in favor of increased funding for the Parks and Recreation
Department, especially regarding maintenance and the Vinyard project.
~ Susan MacDonald, 5021 Crossbow Circle, Chairperson,
Advisory Council for the Gifted Program, spoke in favor of quality
education and the need to develop all programs.
~ Charles Landis, 5268 Glenvar Heights Boulevard, spoke
in support of increasing the contingency fund to avoid borrowing money
every year. He does not want any new programs started and would like
the County to "tighten its belt" instead.
~ winton Shelor. Sr., 4348 Shelor Farm Lane, President,
Fort Lewis civic League, listed concerns for that neighborhood such as
street lights, safety, drainage problems, animal control, road
improvements, and vandalism. He also requested funding as a director
of the Blue Ridge Soil Conservation District to support their
activities.
~ Lee Blair, 7713 Old Mill Forest, member from the Cave
Spring District, Parks & Recreation Advisory Commission, stated as
priority #1 - to provide adequate funding to maintain the county parks
and land system at minimally safe, functional and aesthetic levels;
and priority #2 - a determination of whether to continue the leaf
collection program.
10. Harold Winqate, Box 134, Catawba, recommended no
increase in County employees salaries for this fiscal year and
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suggested a hiring freeze for six months.
the two cents tax reduction.
He was not in support of
191-2
Public Hearing to elicit citizen comment on
redistricting policies and procedures for Roanoke
County as a result of the 1990 census.
Supervisor Eddy suggested three potential changes that he
felt should be considered regarding redistricting. without indicating
a preference, he suggested (1) increase the number of election
districts from five to six or seven (2) elect one or more seats at
large and (3) provide for voter election of the board chairman, which
would be an at-large seat with a four-year term.
The following citizens spoke concerning redistricting
policies and procedures.
~ Charles Landis, 5268 Glenvar Heights Boulevard, spoke
in favor of continuing the present system and felt that election of at
large members or at large chairman would become a political matter.
He requested that North Lakes Subdivision become part of either
Hollins or Catawba District and not separated between the two
districts.
~ Winton Shelor. Sr., 4348 Shelor Farm Lane, President,
Fort Lewis civic League, spoke in favor of North Lakes being one
district; commended the board on the job they are doing and listening
to the citizens in his district.
191-3
Public Hearing to elicit citizen comment on
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January 11, 19Q1
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prohibiting discrimination in places of public
accommodation in Roanoke County.
Mr. Mahoney advised that this was a public hearing to ask
for citizen comments to determine if a problem exists in the County
that could be addressed by the adoption of a local ordinance modelled
upon the ordinance recently adopted by Roanoke City Council. There
were no citizens requesting to speak on this item.
Supervisor Johnson moved to table the item. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
191-4
Public Hearing and adoption of a resolution
regarding the issuance of short term notes not to
exceed $9,000,000 for cash flow purposes.
R-12291-4
Mr. Hodge advised that the County needs to borrow short term
in anticipation of taxes. This is the same amount borrowed last year
and the County is able to offset much of the expense with the
interest income.
Finance Director Diane Hyatt and Treasurer Alfred C.
Anderson were present to answer questions. Ms. Hyatt advised that the
interest rate would be determined when the bids are received on
February 1st and closed on February 13th. She advised that $180,000
has been budgeted for interest expense and approximately $50,000 would
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January 22. 1991
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be the net cost for borrowing.
Supervisors Nickens advised that he felt the County should
strive towards increasing the unappropriated balance to avoid the need
to borrow money.
Ms. Hyatt advised Supervisor Robers that state code does not
allow for a line of credit for a county government.
Supervisor Johnson suggested that refiling federal
legislation to exempt localities from the arbitrage regulations should
be considered.
Supervisor Eddy requested that Chairman McGraw
contact the Virginia Association of Counties and/or the National
Association of Counties for information about this issue.
There was one citizen who requested to speak on this issue.
~ Charlie Landis, spoke of his concern that borrowing
sends the wrong message to people about the County and suggested that
the four million in unappropriated balance be put into a contingency
reserve fund to avoid borrowing.
Supervisor Nickens moved to adopt the resolution with the
addition of item 12 striving towards a 10% unappropriated fund
balance. After discussion, Supervisor Nickens withdrew his motion.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
Supervisor Nickens moved that the board go on record and
strive to have a 10% unappropriated fund balance thereby avoiding
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expenditure of county funds. After discussion, Supervisor Nickens
withdrew his motion.
Supervisor McGraw asked that staff report back to the board
the effect a Triple-A bond rating would have and the long-term savings
possibilities.
RESOLUTION 12291-4 AUTHORIZING THE ISSUANCE AND SALE OF
THE COUNTY OF ROANOKE, VIRGINIA REVENUE ANTICIPATION NOTES,
SERIES 1991 IN THE AMOUNT OF $9,000,000 AND SETTING
FORTH THE FORM AND DETAILS THEREOF
WHEREAS, Section 15.1-545 of the Code of Virginia of 1950,
as amended, authorizes the Board of Supervisors of the County of
Roanoke, Virginia ("Board") to borrow money for the purpose of meeting
casual deficits in the revenue of the County of Roanoke, Virginia
("County") and authorizes the creation of a debt in anticipation of
the collection of the revenue of the County;
WHEREAS, the Board has determined that it is necessary and
expedient to borrow $9,000,000 on behalf of the County and to issue
its Revenue Anticipation Notes, Series 1991 therefor ("Notes") to meet
the casual deficits in the revenue of the County; and
WHEREAS, the County has heretofore held a public hearing on
the issuance of the Notes in accordance with the requirements of
Section 15.1-171.1 of the Code of Virginia of 1950, as amended, and
the County desires to specify the form and details of the Notes and to
award the Notes to the bidder whose proposal results in the lowest
interest cost to the County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Roanoke, Virginia:
1. The Board of the County hereby determines that it is
advisable to borrow a sum of money not to exceed one-half of the
amount reasonably anticipated to be produced by the County for the
current fiscal year, to contract a debt and to issue and sell the
Notes in an aggregate principal amount of $9,000,000. The issuance
and sale of the Notes are hereby authorized. The proceeds from the
issuance and sale of the Notes shall be used to meet casual deficits
in the revenue of the County.
2. The Notes shall be issued in fully registered form,
without coupons, in substantially the form attached hereto as Exhibit
A. The Notes shall be dated as of the date of their issuance and
delivery, shall be issued in denominations of not less than $100,000
each or whole multiples of $5,000 in excess of $100,000, shall be
numbered N-1 and upward, sequentially, shall bear interest at a rate
such that the true interest cost of the Notes does not exceed 9.00%
per annum, such rate to be established by the County Administrator,
payable at maturity, and shall mature on June 15, 1991. The County
Administrator shall accept the bid for the purchase of the Notes which
results in the lowest interest cost to the County in accordance with
the County's notice of sale or request for proposals, provided that
such interest cost shall not exceed the maximum set forth above. The
Notes shall not be subject to paYment or redemption before maturity.
3. The County Administrator and Treasurer of the County are
hereby authorized and directed to execute the Notes, and the County
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,Ianuary 22, l!iHH
Administrator is hereby authorized to affix or imprint the seal of the
County on the Notes. The form of execution, imprinting of the seal
and attestation may be by facsimile; provided, however, if the
signatures of the County Administrator and Treasurer are both by
facsimile, the Notes shall not be valid until authenticated by the
manual signature of the Paying Agent. In case any officer whose
signature or a facsimile of whose signature shall appear on any Note
shall ceasè to be such officer before the delivery of the Notes, such
signature or such facsimile shall nevertheless be valid and sufficient
for all purposes the same as if he or she had remained in office until
such delivery. Any Note may bear the facsimile signature of or may be
signed by such persons as at the actual time of its execution are the
proper officers to sign such Note although at the date of delivery of
such Note such persons may not have been such officers. Upon receipt
of paYment therefor, the Treasurer of the County or such agent as may
be designated, shall issue and deliver the Notes to the purchaser or
purchasers thereof. The officers and agents of the County are further
authorized and directed to do all acts required by the Notes and by
this Resolution for the full, punctual and complete performance of all
things necessary for this borrowing.
4. Crestar Bank, Richmond, Virginia is appointed as Paying
Agent and Registrar for the Notes. The principal of and interest on
the Notes shall be payable in lawful money of the United states upon
surrender of the Notes on the maturity date at the principal corporate
trust office of the Paying Agent in Richmond, Virginia.
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5. Upon surrender for transfer or exchange of any Note at
the principal corporate trust office of the Note Registrar, the County
shall execute and deliver and the Note Registrar shall authenticate in
the name of the transferee or transferees a new Note or Notes of any
authorized denomination in an aggregate principal amount equal to the
Note surrendered and of the same form and maturity and bearing
interest at the same rate as the Note surrendered, subject in each
case to such reasonable regulations as the County and the Note
Registrar may prescribe. All Notes presented for transfer or exchange
shall be accompanied by a written instrument or instruments of
transfer or authorization for exchange, in form and substance
reasonably satisfactory to the County and the Note Registrar, duly
executed by the registered owner or by his or her duly authorized
attorney-in-fact or legal representative. No Note may be registered
to bearer.
New Notes delivered upon any transfer or exchange shall be valid
obligations of the County, evidencing the same debt as the Notes
surrendered, shall be secured by this Resolution and entitled to all
of the security and benefits hereof to the same extent as the Notes
surrendered.
6. No charge shall be made for any exchange or transfer of
Notes, but the County may require paYment by the holder of any Note of
a sum sufficient to cover any tax or other governmental charge which
may be imposed with respect to the transfer or exchange of such Note.
7. The Board agrees on behalf of the County that the
proceeds from the issuance and sale of the Notes will be invested and
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,Ian11ary 11, 1.~~1
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expended as set forth in the Non-Arbitrage Certificate and Tax
Covenants of the County to be delivered at the time of the issuance
and delivery of the Notes and that the County will comply with such
covenants as may be necessary in order to comply with the provisions
of the Internal Revenue Code of 1986, as amended ("Code") including
the provisions of Section 148 of the Code and applicable regulations
relating to "arbitrage bonds," and with the other covenants and
representations contained therein. Further, the County shall comply
with the reporting requirements of Section 149(e) of the Code.
8. The officers and agents of the County are hereby
authorized and directed to prepare, execute and deliver an appropriate
official statement, notice of sale, request for proposals or such
other disclosure documents as may be necessary to expedite the sale of
the Notes. The official statement, notice of sale or other disclosure
documents shall be published in such publications and distributed in
such manner and at such times as the appropriate officers or agents of
the County shall determine.
9. The officers and Qgents of the County are authorized and
directed to take such further action as may be necessary or convenient
in connection with the issuance, sale and delivery of the Notes and
all actions previously taken by such officers and agents in connection
therewith are ratified and confirmed.
10. The appropriate officers and agents of the County are
authorized and directed to immediately cause a certified copy of this
Resolution, setting forth the form and details of the Notes, to be
06 n
TŸI",nŸlTY ??, 1991
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filed with the circuit Court of the County pursuant to Sections 15.1-
199 and 15.1-212 of the Code of Virginia of 1950, as amended.
11. This Resolution shall take effect immediately.
On motion of Supervisor Nickens to adopt resolution, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
191-5
Ordinance amending and reenacting Chapter 4,
Amusements, section 4-99, "Bingo Games and
Raffles", of the Roanoke County Code providing for
an increase in the Audit Fee. (CONTINUED FROM
DECEMBER 18, 1990)
0-12291-5
Mr. Mahoney explained that this was brought back to the
board due to additional information requested by the board members.
Mr. Compton, Commissioner of the Revenue, was present to answer
questions.
Supervisors Nickens advised that he felt that all
organizations issued permits should be audited and additional permits
denied until the audit was received.
In response to Supervisor Nickens' question about the audit
fee for those organizations already issued permits prior to the
effective date of the ordinance on January 22, 1991, Mr. Mahoney
advised that the audit fee at the time the permit is granted would
prevail.
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January 12, 1091
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Supervisor Nickens moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
ORDINANCE 12291-5 AMENDING AND REENACTING SECTION 4-99 "AUDIT OF
REPORTS AND RECORDS" OF ARTICLE V. "BINGO GAMES AND RAFFLES," OF
CHAPTER 4, "AMUSEMENTS," OF THE ROANOKE COUNTY CODE, AND
PROVIDING FOR AN INCREASE IN THE AUDIT FEE
WHEREAS, the first reading of this ordinance was held on
November 13, 1990; the second reading and public hearing were held on
December 4, 1990, and continued to December 18, 1990; and January 22,
1991; and
WHEREAS, the Board has taken action to authorize the
establishment of fees for certain services, and further, the Board has
determined that it is in the public interest to increase certain user
fees, in order to recover a portion of the direct and indirect costs
of providing certain services as provided herein; and,
WHEREAS, the Board has found that it is both equitable and
efficient to ensure that those individuals who benefit from certain
governmental services bear an appropriate portion of the cost thereof
while reducing general service cost subsidies; and
WHEREAS, Section 18.2-340.7 of the Code of Virginia, as
amended by the 1990 session of the Virginia General Assembly (Chapter
903) authorized an increase in the local audit fee from 1% (one
percent) to 2% (two percent) of the gross receipts which an
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.]elnnary 22. 1991
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organization reports and of the interest income on money that the
organization received from bingo or instant bingo operations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA:
1. That Section 4-99 of the Roanoke County Code is amended
and reenacted as follows:
(a) All reports filed pursuant to this article
shall be audited by the commissioner of revenue. The
commissioner of revenue is hereby authorized to charge a
minimum audit fee of twenty-five dollars ($25.00) and a
maximum audit fee of one percent two percent of iil the
gross receipts which an organization reports pursuant to
this article; and (ii) interest income on money that the
orqanization has received from binqo or instant binqo
operations. Such audit fee shall be payable by the
organization to the commissioner of revenue and such amount
charged by the commissioner shall represent the amount of
time and other services expended by the commissioner on the
audit. All audit fees received shall be separate Iv
accounted for and shall be used only for the purposes of
aUditinq and requlatinq binqo qames and raffles.
(b) The provisions of this section shall not be
construed so as to prohibit the commissioner of revenue or
any official designated by the board of supervisors from
performing unannounced audits or restrict any right of the
063
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January ÃÃ, 1qq1
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commissioner or such official to secure records required to
be maintained by the provisions of this article.
2. That the provisions of this ordinance shall be in full
force and effect for all permits issued from and after January 22,
1991.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Marielayna Rossillo. 5361 Crystal Creek Drive, spoke of
the community's concerns about the Crystal Creek Drive Project. Mr.
Hodge advised her that the Board will hold a Work Session on Crystal
Creek Drive as part of the six year plan at the February 26, 1991
meeting. He also advised that the County will request a waiver of the
ten day deadline at the Virginia Department of Transportation's public
hearing on January 24, 1991.
IN RE:
ADJOURNMENT
Supervisor Johnson moved to adjourn at 8:50 p.m. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
cJ~ O'~~L
Steven A. McGraw, Chairman
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