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HomeMy WebLinkAbout1/22/1991 - Regular ,. .... .'1 \J ~ J - 3unuary 2¿, ~~~l - 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, 03 B January 22, 1991 = - 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. 039 January 11, 1991 - 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. 040 ,~, .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 041 ¿1 January 11, 19q1 - 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 042 January ??, 1~~1 - - 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 043 - January ~~, 1991 - 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 044 ; Jauw.al:Y ~~, 1991 = = 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 n i C v4 ~ ---------- January 11, 1QQ1 ~ 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 046 January 22, 1991 1::= 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 047~ - January 1Ã, 1QQ1 = 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. 048 January??, 1qq1 = 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 049 , ===i 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: 050 JaRuary 22, 1991 1::= b::: 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 051 - January 11, 1991 ===i 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 O t; 2 ) '. J.:lnu;:¡ry ??, 1~q1 1::= ---- 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 o~~ v ~~ January 11, 19Q1 - 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 054 January 22. 1991 - - 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 055 - Janu~ry "", ,QQ1 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. 056 ,Tannary ??. 19q, ---------- - 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 057 - ,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. 058 January 7.7., 1~~1 ---- = 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 05 9 - ,Ian11ary 11, 1.~~1 - 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 ~ - 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. f;.- ~ <t ~". f",' January 12, 1091 - 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 (\ . )' h '. \J' .]elnnary 22. 1991 - ~ 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 - January ÃÃ, 1qq1 - 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 ,/ ",.It' // " ~ - / / / / / , ;'