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1/25/1977 - Regular 1-25-77 481 Salem-Roanoke County Civic Center Salem, Virginia January 25, 1977 7:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this I day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the fourth Tuesday and the second regular meeting of the month. Members Present: Chairman Robert E. Myers, Vice-Chairman R. Wayne Compton, C. Lawrence Dodson and E. Deal Tompkins. Absent: May W. Johnson Chairman Myers called the meeting to order at 7:00 p.m. and recognized Supervisor C. Lawrence Dodson, who offered the invocation. The Pledge of Allegianc to the flag was given in unison. IN RE: APPROVAL OF MINUTES On the motion of Supervisor Tompkins and the unanimous voice vote of the I members present, the minutes of the organizational meeting held January 4, 1977, and the regular meeting held January 11, 1977, were approved as spread. IN RE: FIFTH PLANNING DISTRICT COMMISSION Mr. Jim Colby, one of the County's representatives on the Fifth Planning District Commission, appeared before the Board and advised that he was in receipt of the Commission's overall program design and narrative for fiscal year 1977-78, which sets forth all of the proposed work activities of the Fifth Planning District Commission for the next fiscal year. Mr. Colby further advised that the program is being placed on the Commission's upcoming agenda for consideration. Mr. Colby stated that due to the short length of time he has been given to study the proposed program, he is unable to determine what extent the program is responsive to the I needs of Roanoke County. Supervisor Tompkins moved that the Board go on record requesting the Fifth Planning District Commission to postpone any action on the proposed overall work program for thirty days so that County officials may have the necessary time to study the program. The motion was adopted by the unanimous voice vote of the members present. I ~l3 2 1-25-77 IN RE: RENEWAL APPLICATION OF LEWIS WOOLDRIDGE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 6.9-ACRE TRACT LOCATED ON THE EAST SIDE OF STATE ROUTE 603, 1.2 MILES SOUTH OF U.S. ROUTE 11-460 IN THE COVE HOLLOW COMMUNITY APPROVED Chairman Myers advised that the shell of a second mobile home which had been on the applicant's property for sometime had been moved. Based on this information, Supervisor Compton moved that the renewal application of Lewis Wool- I dridge be approved effective September 24, 1976, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. AYES: NAYS: ABSENT: IN RE: The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs. Johnson REZONING OF A TRACT OF LAND OF APPROXIMATELY 0.83 ACRE ON THE SOUTHEASTERN SIDE OF ROUTE 419 OPPOSITE THE INTERSECTION WITH OGDEN ROAD AND BEHIND THE EXXON SELF-SERVICE STATION Valley Properties FINAL ORDER NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 25th day of January, 1977, the said County Zoning Ordinance be, and the same is hereby amended so as to I reclassify the property described in said petition from M-l to B-1 in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, and more particularly des- cribed on Exhibit "A" attached hereto. BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Wetherington & Flippin, attorneys for the petitioners. on the recorded vote, the Supervisors voted as follows, to-wit: The foregoing resolution was adopted on motion of Supervisor Dodson and AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None I Mrs. Johnson PETITION OF FRED T. COLEMAN FOR A "USE NOT PROVIDED FOR" PERMIT TO OPERATE A HOME FOR ADULTS ON A TRACT OF LAND CONTAINING 4.90 ACRES AND LOCATED ON THE SOUTH SIDE OF STATE ROUTE 658 (RUTROUGH ROAD), 0.13 MILE EAST OF STATE ROUTE 659 (RANDALL ROAD) CONTINUED Mr. Furman B. Whitescarver, Jr., Attorney, appeared before the Board and requested that the above petition be continued to the Harch 8, 1977 Board meeting ..... due to the illness of one witness and a conflict of schedule for another witness. 1-25-77 439 Supervisor Tompkins moved that the public hearing on the petition of Fred T. Coleman be continued to the March 8, 1977 Board meeting. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers I NAYS: None ABSENT: Mrs. Johnson IN RE: PETITION OF ALFRED N. COOK FOR REZONING OF CERTAIN : PROPERTY LOCATED ON VIRGINIA SECONDARY ROUTE NO. 603,: NEAR BONSACK, IN ROANOKE COUNTY : FINAL ORDER WHEREAS a public hearing was held on January 25, 1977 on the proposed amendment, after notice thereof was duly published in the "Roanoke World News", a newspaper published in the City of Roanoke and having general circulation in the County of Roanoke, under date of January 11, 1977 and January 18, 1977, as required by Section 15.1-431 of the said Code of Virginia, and duly certified by the publi- sher of said paper; and this Board having duly considered the same, it is accor- dingly hereby ORDERED that the County Zoning Ordinance be, and the same is hereby, amended to reclassify the above described property to Residential Estates "R-3". 'I It is further ordered that the Clerk of this Board forthwith certify a copy of this order to the Secretary of The County Planning Commission and to any other party in interest desiring a copy thereof. The above resolution was adopted on motion of Supervisor Tompkins. On recorded vote, the vote was as follows: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: BARKING DOGS A public hearing was this date held on adoption of a proposed ordinance relating to barking dogs. County Attorney Edward A. Natt briefly outlined and I explained the purpose of the proposed ordinance. At this point, Chairman Myers opened the floor to public omments. Mrs. Lela Spitz, a member of the committee previously appointed by the Board to study the County's entire Animal Control Ordinance, stated that she would like to see the ordinance enforced only on complaint, whereby the citizen himself would have to , sign the complaint. Mr. Boyd Overstreet, resident of Bent Mountain, advised that I I he had been faced with the problem of barking dogs for sometime and favored the proposed ordinance. Something needs to be done to protect homeowners, stated Mr. J 1-25-77 Overstreet. Mr. Hiram Herbert, resident of Bridle Lane, stated that the proposed ordinance is a good approach to the problem of barking dogs. Mr. Clay Dillon, resident of Boxley Hills, stated that one of his neighbor's dogs barks constantly and spoke in favor of the ordinance. Mrs. Scott, resident of the Blackwood Drive area, stated that she was also faced with the problem of barking dogs and thought the proposed ordinance would help alleviate the problem. Mr. Bob Jennings, resi- I dent of Capito Street, opposed the ordinance stating that it is just another law that will not be enforced. Mr. Stanley Reece, resident of southwest County, stated that he has two guard dogs trained to bark at intruders and suggested that the ordinance be restrictive whereby it would be enforced in subdivisions only and not rural areas. County Attorney Edward A. Natt advised that the ordinance does not apply to guard dogs. Mr. J. L. Craft, resident of Elbert Drive, stated that there was a great need for such an ordinance in the County. Chairman Myers asked Chief Animal Control Officer Kenneth L. Hogan if he had any comments on the subject. Mr. Hogan stated that he has had frequent complaints on barking dogs, and if adopted, the ordinance would help control the problem. This concluded the public hearing on barking dogs, and Supervisor Tompkins moved adoption of the following ordinance: I ORDINANCE NO. 1699 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION AND THE CHANGING OF ANOTHER RELATING TO BARKING DOGS, THE EFFECTIVE DATE OF THIS AMENDMENT TO BE JANUARY 25, 1977 IVHEREAS, the Board of County Supervisors of Roanoke County deems certain amendments to the Roanoke County Code to be necessary in the best interests of the health, safety and general welfare of the c-tizens of Roanoke County; and IVREREAS, a Notice of Intention to amend the Roanoke County Code as proposed, and Public Hearing thereon, have been advertised and posted in accordanc with law. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the Roanoke County Code be amended as follows: Section 5-10.2. Barking or Howling Dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood, shall be unlawful and a violation 0 this chapter, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by the Animal Control Officer to the owner of such dog, if known, or upon complaint of any person, if such owner by unknown, be impounded and confined in the County dog pound by the Animal Contro Officer. Disposition of any such dog shall be in accordance with Section 5-11 of this chapter. I 1-25-77 435 Section 5-12. Penalty for violating sections 5-10, 5-10.1 and 5-10.2. Any person found guilty of violating sections 5-10, 5-10.1, and 5-10.2 shall be fined not less than five dollars nor more than twenty-five dollars for eact such violation. Offenses committed on separate days shall be deemed to be separate offenses for the purpose of this section. On motion of Supervisor Tompkins and adopted by the following recorded I vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: VACATION OF A PORTION OF SCENIC HILLS DRIVE - WITHDRAWN Supervisor Tompkins moved that the Board grant the request of Mr. Roy V. Creasy, Attorney, for withdrawal of a petition requesting vacation of a portion of Scenic Hills Drive. The motion was adopted by the unanimous voice vote of the members present. Mr. Thomas Key, Attorney representing Mr. and Mrs. D. Richards, adjoining property owners, spoke in opposition to the request. Mr. Key was advised that he I would be notified should the matter come before the Board again. IN RE: ITEMS REFERRED TO THE PLANNING COMMISSION On the motion of Supervisor Dodson and the unanimous voice vote of the members present, the following petitions were this date received, filed, and referred to the Planning Commission for recommendation: Petition of Freddie M. Cox for rezoning from RE to B-2 a tract of land containing 0.37 acre and located on the north side of Route 603 (Babe Louis Road) in the Bonsack community, Vinton District, so that a retail business grocery/convenience store may be constructed thereon. Petition of Charles C. Harris for rezoning from $-1 to RE a tract of land containing approximately 5.5 acres and located on the south side of Route 1842 (Garman Drive), near Route 115 (Hollins Road) in the northeast section of Roanoke County, Hollins District, so that the petitioner may pasture his children's horses. I IN RE: RESOLUTION NO. 1700 CONCURRING IN A CHANGE IN RATES FOR USE OF THE REGION~L LANDFILL FACILITIES WHEREAS, Roanoke County has heretofore entired into an agreement with the Town of Vinton and the City of Roanoke to jointly own and operate a regional land- fill, which agreement grants to the Landfill Board the power and authority to establish rates for use of said facilities; and WHEREAS, said Board, based upon operating data, has recommended and adopted a rate increase for participating governments retroactive to January 1, 1-25-77 436 1977, which rate is to be established at $4.00 per ton for participating govern- mental jurisdictions; and WHEREAS, the County Executive, in report to the Board dated January 25, 1977, has recommended that the Board concur in such rate increase, which the Board desires to do. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of I Roanoke County that said Board hereby concurs in the establishment of a rate of $4.00 per ton for use of the Regional Landfill by participating local governments, said rate to be retroactive to January 1, 1977. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: ~. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: STREET LIGHTS - HUNTING HILLS Supervisor Tompkins moved that the Board concur with the report of the County Executive and authorize the installation of four non-standard street lights I in the Hunting Hills development, with the understanding that the developer would provide all installation, maintenance, and replacement of the proposed decorative street lighting. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1701 On motion made by Supervisor Tompkins, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 8, 1976, be, and the same is hereby, Class: Fund: Department: Object: Expenditures Water Bond Utility Deer Run Estates Well Development Tank INCREASE (DECREASE) I amended as follows to become effective January 25, 1977: DESCRIPTION ACCOUNT NUMBER 6-47000-607C $ 24,800 Class: Fund: Depar tmen t : Object: Revenues Water Bond Utilities Proceeds - Sale of Bonds 5-47000-1001 $ (24,800) 1-25-77 437 Adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson I IN RE: DEPARTMENTAL ACTIVITIES REPORTS The Departmental Activities Reports for the month of December, 1976, as submitted by the County Executive, were for information of the Supervisors and are filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1702 ACCEPTING A PROPOSAL FOR A FISCAL AGENT FOR WATER BONDS WHEREAS, pursuant to the Bond Referendum held November 5, 1974, and upon the recommendation of Bond Counsel, Financial Advisors, and Consulting Engineers, we have scheduled the sale of water bonds in the amount of $4,500,000 for February 15, 1977; and WHEREAS, it is necessary to have a fiscal agent to whom the bonds and I coupons will be presented for payment and whereby the bonds and coupons are cre- mated and properly documented to the County after payment; and WHEREAS, it is recommended that the proposal of Metropolitan National Bank (Dominion Bankshares Corp.), charging the following amounts, be accepted: Type of Service Fee Charged Paying $5,000 bond Cremating $5,000 bond Paying coupon Cremating coupon $1.00 each $ .05 each $ .10 each $ .03 each NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby approves the proposal of Metropolitan National Bank (Dominion Bankshares Corp.) to serve as fiscal agent for the sale of water bonds in the amount of $4,500,000. BE IT FURTHER RESOLVED that the County Executive notify Metropolitan I National Bank (Dominion Bankshares Corp.) of the acceptance of said proposal, and to execute an agreement therefore in a form approved by the County Attorney. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson 1-25-77 438 IN RE: RESOLUTION NO. 1703 AUTHORIZING THE ISSUANCE OF $4,500,000 WATER BONDS OF ROANOKE COUNTY, VIRGINIA, AND PRESCRIBING THE DETAILS AND PROVIDING FOR THE SALE OF SAID BONDS WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly held on November 5, 1974, were in favor of the contracting of debt and the issuance of bonds of said County of the aggregate principal amount of $6,100,000 for the purpose hereinafter set forth, and an order was duly entered on I December 30, 1974, in the Circuit Court of said County authorizing the Board of County Supervisors of saId County to proceed and to carry out the wishes of the voters of said County; and WHEREAS, the Board of County Supervisors of Roanoke County desires to authorize the issuance of $4,500,000 of said bonds and to prescribe the details and provide for the sale thereof: NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: (1) Roanoke County shall issue its bonds of the aggregate principal amount of $4,500,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the proposition approving the issuance of said bonds adopted by a majority of the I qualified voters of said County at an election held on November 5, 1974. The moneys raised by the issuance of said bonds shall be used to finance the cost of water facilities to be part of a County-wide water supply, treatment and distribu- tion system, including the acquisition of water facilities owned by the Roanoke County Public Service Authority, the acquisition and construction of additions thereto and the reconstruction and extension thereof. Said bonds shall be designat d "Water Bonds", shall be dated varch 1, 1977 and shall be payable in annual install- ments on March 1 in years and amounts as follows: $150,000 in each of the years 1978 to 1980, inclusive; $175,000 in each of the years 1981 to 1983, inclusive; $200,000 in each of the years 1984 and 1985, inclusive; $225,000 in each of the years 1986 and 1987, inclusive; $250,000 in each of the years 1988, 1989 and 1990, (2) Said bonds shall bear interest at a rate or rates which shall not I inclusive; and $275,000 in each of the years 1991 to 1997, inclusive. exceed eight percentum (8%) per annum, and such interest shall be payable semi- annually on March 1 and September 1. Said bonds shall be coupon bonds payable to bearer without privilege of registration and shall consist of nine hundred bonds of the denomination of $5,000 each, numbered from 1 to 900, inclusive, in the order of their maturity. 1-25-77 439 I (3) The bonds maturing after March 1, 1987 are redeemable prior to their respective maturities on or after March 1, 1987, in whole on any date and in part 0 any interest payment date, at a redemption price equal to 100% of the par value of the bonds to be redeemed, together with accrued interest to the date of such redemp tion and a premium of 2% of the par value thereof if such redemption occurs within the period beginning March 1,1987 and ending February 29, 1988; a premium of 114% of the par value thereof if such redemption occurs within the period beginning Marc 1, 1988 and ending February 28,1989; a premium of l~% of the par value thereof if such redemption occurs within the period beginning March 1, 1989 and ending February 28, 1990; a premium of lU4% of the par value thereof if such redemption occurs within the period beginning March 1, 1990 and ending February 28, 1991; a premium of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1991 and ending February 29, 1992; a premium of 3/4 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1992 and ending February 28, 1993; a premium of 1/2 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1993 and ending February 28, 1994; a premium of 1/4 of 1% of the par value thereof if such redemp- tion occurs within the period beginning March 1, 1994 and ending February 28, 1995; and without premium if redeemed thereafter. (4) Both principal of and interest on the bonds shall be pryable at the Metropolitan National Bank, Richmond, Virginia, or, at the option of the holder, at the principal office of Citibank, N.A., in the Borough of Manhattan, City and State of New York, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Said bonds shall bear the facsimile signature of the Chairman of the Board of County Supervisors of Roanoke County and shall be signed by the Director of Finance and attested by the Clerk of the Board of County Supervisors and a facsimile of the official seal of said Board shall be imprinted upon said bonds. The interest coupons to be attached thereto shall be authenticated with the facsimile signatures of said Chairman and Director of Finance. (5) Said bonds and the interest coupons representing the interest payabl~ thereon shall be in substantially the following form: I I 1-25-77 440 No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ROANOKE COUNTY WATER BOND (Callable) ROANOKE COUNTY (hereinafter referred to as "County"), a county of the I Commonwealth of Virginia, hereby acknowledges itself indebted and for value re- ceived promises to pay to the bearer of this bond the sum of FIVE THOUSAND DOLLARS ($5,000) on March 1, 19___, and to pay interest thereon from the date of this bond until it shall mature at the rate of per centum ( %) per annum, payable on March 1 and September 1 in each year, upon presentation and surrender of the coupo s therefor attached hereto, as they severally mature. Both principal of and interes on this bond are payable at the Metropolitan National Bank, Richmond, Virginia, or, at the option of the holder, at the principal office of Citibank, N.A., in the Borough of Manhattan, City and State of New York, in any coin or currency of the United States of America which at the time of payment is legal tender for the pay- ment of public and private debts. I This bond is one of an issue of bonds like date and tenor, except as to maturity, rate of interest and number, issued pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) to finance the cost of water facilities to be part of a County-wide water supply, treatment and distribution system, including the acquisition of water facilities owned by the Roanoke County Public Services Authority, the acquisition and construction of additions thereto and the reconstruction and extension thereof. The contracting of the debt evidenced by this bond and the issuance of this bond were approved by a majority of the qualified voters of the County at an election duly held on November 5, 1974. The bonds maturing after March 1, 1987 are redeemable prior to their on any interest payment date, at a redemption price equal to 100% of the par value I respective maturities on or after March 1, 1987, in whole on any date and in part of the bonds to be redeemed, together with accrued interest to the date of such redemption and a premium of 2% of the par value thereof if such redemption occurs within the period beginning March 1, 1987 and ending February 29, 1988; a premium of 13/4% of the par value thereof if such redemption occurs within the period 1-25-77 44' beginning March 1, 1988 and ending February 28, 1989; a premium of l~% of the par value thereof if such redemption occurs within the period beginning March 1, 1989 and ending February 28, 1990; a premium of lV4% of the par value thereof if such redemption occurs within the period beginning March 1, 1990 and ending February 28, I 1991; a premium of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1991 and ending February 29, 1992; a premium of 3/4 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1992 and ending February 28, 1993; a premium of 1/2 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1993 and end ng February 28, 1994; a premium of 1/4 of 1% of the par value thereof if such redempti n occurs within the period beginning March 1, 1994 and ending February 28, 1995; and without premium if redeemed thereafter. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the Commonwealth of Virginia to exist, be performed or happen precendent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond together with all other indebtedness of the County, is within every debt and other limit pres- I cribed by the Constitution or statutes of said Commonwealth. The faith and credit of the County are hereby pledged to the payment of the principal of and interest on this bond in accordance with its terms. IN WITNESS WHEREOF, the Board of County Supervisors of Roanoke County has caused this bond to be signed by a facsimile of the signature of its Chairman, the manual signature of its Director of Finance and a facsimile of the official seal of the Board to be imprinted hereon attested by the Clerk of the Board of County Supervisors, and the interest coupons hereto annexed to be authenticated with the facsimile signatures of said Chairman and Director of Finance and this bond to be dated March 1, 1977. I Director of Finance of Roanoke County Chairman, Board of County Super- visors of Roanoke County Attest: Clerk, Board of County Supervisors of Roanoke County 1-25-77 (Form of Coupons) No. On the 1st day of March/September, 19 , ROANOKE COUNTY, a County of th Commonwealth of Virginia, will pay to bearer DOLLARS ($ ) I at the metropolitan National Bank, Richmond, Virginia, or at the option of the holder, at the principal office of Citibank, N.A., in the Borough of Manhattan, City and State of New York, in any coin or currency of the United States of America which is then legal tender for the payment of public and private debts, being the interest then due on its Water Bond, dated March 1, 1977., No. Chairman, Board of County Supervisors of Roanoke County Director of Finance of Roanoke County (6) The Chairman and the Clerk of the Board of County Supervisors of Roanoke County and the Director of Finance are hereby authorized and directed to I cause said bonds to be prepared and to cause said bonds to be executed in accor- dance with their terms. (7) For the payment of the principal of and the interest on the bonds authorized by this resolution as the same shall become due, the full faith and credit of Roanoke County are hereby irrevocable pledged, and each year while any of said bonds shall be outstanding there shall be levied and collected in accordance with law and to the extend required an annual ad valorem tax upon all taxable pro- perty in said County subject to local taxation sufficient in amount to provide for for the payment of the principal of and the interest on said bonds as such princi- pal and interest shall become due, which tax shall be in addition to all other taxes authorized to be levied in said County. (8) The Director of Finance is hereby authorized and directed to cause I a notice of sale substantially in the following form to be published once in The Daily Bond Buyer, a financial journal published in New York City, New York, at least one week prior to such sale: 1-25-77 4 4 ~l NOTICE OF SALE $4,500,000 ROANOKE COUNTY, VIRGINIA HATER BONDS (Callable) I Sealed bids will be received for an on behalf of the Board of County Supervisors of Roanoke County, Virginia, by Hilliam F. Clark, County Executive, Conference Room, County Courthouse Annex 306-A, East Main Street, Salem, Virginia 24153, until 11:00 o'clock, A.M., Eastern Standard Time, February 15, 1977 such bids to be publicly opened and read by the County Executive at such time and place on said day for $4,500,000 Hater Bonds of Roanoke County, Virginia. The bonds are dated March 1, 1977, and are payable in annual installments on March 1 in years and amounts as follows: $150,000 in each of the years 1978 to 1980, inclusive; $175,000 in each of the years 1981 to 1983, inclusive; $200,000 in each of the tyears 1984 and 1985, inclusive; $225,000 in each of the years 1986 and 1987, inclusive; $250,000 in each of the years 1988, 1989, and 1990, inclusive; I and $275,000 in each of the years 1991 to 1997, inclusive. Interest on the bonds is payable semi-annually on March 1 and September 1. The bonds will be of the deonomination of $5,000 each. The bonds are coupon bonds without privilege of registration and are payable at the Metropolitan National Bank, Richmond, Virginia, or, at the option of the holder, at the principa office of Citibank, N.A., in the Borough of Manhattan, City and State of New York. The bonds maturing after March 1, 1987 are redeemable prior to their respective maturities on or after March 1, 1987, in whole on any date and in part on any interest payment date, at a redemption price equal to 100% of the par value of the bonds to be redeemed, together with accrued interest to the date of such redemption and a premium of 2% of the par value thereof if such redemption occurs within the period beginning March 1, 1987 and ending February 29, 1988; a premium I of 1?/4 % of the par value thereof if such redemption occurs wi thin the period beginning March 1, 1988 and ending February 28, 1989; a premium of l~% of the par value thereof if such redemption occurs within the period beginning March 1, 1989 and ending February 28, 1990; a premium of lV4% of the par value thereof if such redemption occurs within the period beginning March 1, 1990 and ending February 28, 1991; a premium of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1991 and ending February 29, 1992; a 1-25-77 444 premium of Y4 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1992 and ending February 28, 1993, a premium of 1/2 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1993 and ending February 28, 1994; a premium of 1/4 of 1% of the par value thereof if such redemption occurs within the period beginning March 1, 1994 and ending February 28, 1995; and without premium if redeemed thereafter. The bonds are issued to finance the cost of water facilities to be part of a County-wide water supply, treatment and distribution system, including the acquisition of water facilities owned by the Roanoke County Public Service Authorit~, the acquisition and construction of additions thereto and the reconstruction and extension thereof. Bidders are invited to name the rate or rates of interest which the bonds are to bear, which rate or rates must be a multiple or multiples of one-eight (1/8) or one=twentieth (1/20) of one percentum (1%). Each proposal may name one rate for part of the bonds and other rates for the balance, and any number of rates may be named. If more than one rate is named, each such rate must be for bonds of conse- cutive maturities, and no rate named, shall be higher than the rate on a subsequent maturity. The difference between the lowest and the highest rates named in the bid shall not exceed two percentage points. No rate may exceed 8 percentum (8%) per annum. The interest payable on any bond on any interest payment date shall be represented by a single coupon and the interest rate on such bond shall be the same throughout its life. All bonds maturing on the same date must bear interest at the same rate. Any premium must be paid in funds as part of the purchase price at the time of delivery of the bonds. Each bid submitted must offer a price which is not less than par and accrued interest and must offer to purchase all of the bonds. The bonds will be awarded to the bidder offering to purchase the bonds at the lowest interest cost to the County, such cost to be determined be deducting the total amount of any premium bid from the aggregate amount of interest upon all of the bonds from their date until their respective maturities. All bids must be unconditional and must be accompanied by an official bank check, a certified check or a cashier's check for $90,000, payable to the order of Roanoke County, Virginia, to secure the County against any loss resulting from a failure of the bidder to comply with the terms of his bid. The check or checks of the bidder whose proposal is accepted will be deposited by the County and credited to the purchase price and the purchaser will be allowed no interest I I I 1-25-77 44~ I with respect thereto. Award or rejection of bids will be made on the data above stated for receipt of bids and the checks or unsuccessful bidders will be returned immediately. The County will furnish without cost to the purchaser, at the time the bonds are delivered (1) the approving opinion of Messrs. Reed, McCarthy & Giordano, Attorneys of New York City, that the bonds are valid and legally binding general obligations of the County and, unless paid from other sources, are payable from ad valorem taxes levied upon all real property taxable within the County for the paymerrt of the bonds and the interest thereon without limitation as to rate or amount, (2) certificates in form satisfactory to said Attorneys evidencing the proper execution and delivery of the bonds and receipt of payment therefor, and (3) a certificate, dated as of the date of delivery of the bonds, and signed by the officers who signe~ the bonds, stating that no litigation is then pending or, to the knowledge of such officers, threatened to restrain or enjoin the issuance or delivery of the bonds or otherwise relating to the bonds and (4) certificates relating to the Official Statement executed by the Director of Finance of the County and the County Executiv~. The bonds are general obligations of Roanoke County secured by a pledge of its full faith and credit. Holders of the bonds are further protected by Section 15.1-225 of the Code of Virginia, 1950, as amended, which provides, inter alia, that, if it be established to the satisfaction of the Governor, upon submis- sion of petitions and following a summary investigation, that the County is and has been in default for at least sixty days in the payment of the principal of and interest on the bonds, then the Governor shall (1) make an order directing the Comptroller to withhold on and after sixty days from the issuance of such order all further payment to the County of all funds or of any part thereof appropriated and payable by the Commonwealth to the County for any and all purposes until such default shall be paid and (2) after public notice and while such default continues, direct the payment of all sums so withheld or so much thereof as shall be necessary, to the holders of the bonds in default so as to cover, or cover insofar as possible, the default as to such bonds or interest thereon. It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the pur- chaser thereof to accept delivery of or pay for the bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers of said bonds, including the CUSIP Service Bureau charge for the assignment of said numbers, shall be paid for by Roanoke County. I I 1-25-77 ~4R' The bonds will be delivered to the purchaser on }1arch , 1977 or as soor thereafter as the bonds are ready for delivery upon payment therefor in FEDERAL RESERVE FUNDS. The bonds will be delivered at the Signature Company, New York City, New York, or at such other place as the County and the successful bidder sha 1 agree upon. Bids must be enclosed in a sealed envelop marked "Bid for Roanoke County I Water Bonds" and should be addressed to the Board of County Supervisors of Roanoke County, c/o William F. Clark, County Executive, Conference Room, County CourthoursE Annex 306-A, East Hain Street, Salem, Virginia 24153. The Board of County Supervisors of Roanoke County will be in session at 11:00 A.M., Eastern Standard Time, on the date of the sale for the purpose of takirg prompt action in connection with the bids. Copies of the Official Statement relating to the issuance of the Bonds, the Notice of Sale and the official Bid Forms may be obtained from the undersigned at the address shwon below, or from Horner, Barksdale & Co., P. O. Box 200, Lynch- burg, Virginia 24505, Telephone 804-846-2711. Board of County Supervisors of Roanoke County, Virginia I William F. Clark, County Executive, Conference Room, County Courthouse Annex 306-A, East Main Street, Salem, Virginia 24153 Dated: (9) The Clerk of the Board of County Supervisors of Roanoke County is hereby authorized and directed to file a certified copy of this resolution with the Circuit Court of Roanoke County. The foregoing resolution was adopted on motion of Supervisor Compton and the following recorded vote: AYES: Mr. Compton, }1r. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson I IN RE: REFUND OF COUNTY RECORDATION TAXES ERRONEOUSLY PAID Supervisor Compton moved that the Board concur with the request of Mr. John L. Hart, Attorney, for a refund of County recordation taxes erroneously paid in the amount of $27.75. AYES: NAYS: ABSENT: The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs~ Johnson 1-25-77 ~47 The Financial Statement and Report on Delinquent Accounts for the month of December, 1976, as submitted by the Director of Finance, were information of the Supervisors and are filed with the minutes of this meeting. I IN RE: LIVESTOCK CLAIM - BENNET EUGENE SCOTT Supervisor Tompkins moved that the Board concur with the recommendation of the Director of Finance and approve for payment the livestock claim of Bennett Eugene Scott for twelve checkens and seven goats killed by wild dogs on January 16, 1977, in the amount of $144.80, since this is the amount normally assessed by the County for personal property purposes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: LIVESTOCK CLAIM - ROBERT O. AVERY Supervisor Compton moved that the Board concur with the recommendation of I the Director of Finance and approve for payment the livestock claim of Robert o. Avery for one calf (450 Ibs.) killed by wild dogs on January 16, 1977, in the amoun of $80, since this is the amount normally assessed by the County for personal property purposes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers NAYS: None ABSENT: Mrs. Johnson IN RE: RESOLUTION NO. 1704 ESTABLISHING THE ROANOKE COUNTY COURTHOUSE AS THE CENTRAL ABSENTEE VOTER ELECTION DISTRICT FOR ROANOKE COUNTY FOR THE YEAR 1977 WHEREAS, Section 24.1-233.1 of the Code of Virginia, 1950, as amended I provides that for the purpose of counting and recording absentee ballots in all elections, the Board of County Supervisors may establisH a central absentee voter election district at the County's Courthouse, where all such absentee ballots shall be received, counted and recorded; and WHEREAS, the Roanoke County Electoral Board has recommended and requested that the Roanoke County Courthouse be designated as the central absentee voter election district for Roanoke County, which recommendation the Board of County Supervisors concurs in. 1-25-77 448 NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County, Virginia, that the Roanoke County Courthouse be, and it is hereby designated as the central absentee voter election district for Roanoke County for the year 1977 pursuant to the provisions of Section 24.1-233.1 of the Code of Virginia of 1950, as amended. On motion of Supervisor Tompkins and adopted by the unanimous voice vote of the members present. IN RE: RESOLUTION NO. 1705 RELATING TO WATER SERVICE FOR PROPERTY SITUATE AT THE INTERSECTION OF KEAGY ROAD AND ROUTE 419 IN ROANOKE COUNTY WHEREAS, the Board of County Supervisors has heretofore established and adopted a water utility department in order to provide water service to property situate in Roanoke County; and WHEREAS, Fralin and Waldron, Inc., the owner of property situate at the intersection of Keagy Road and Route 419 in Roanoke County, has requested water service to its property; and WHEREAS, the Roanoke County Public Service Authority, at its meeting hel on January 20, 1977, recommended that water be provided to said property as herein after outlined, in which recommendation the Board concurs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby determines that water service to the Fralin and Waldron, Inc. property should be provided by a water extension from Lakemont Drive for an approximate distance of 3,000 feet at a total cost of $46,725.00, wit Fralin and Waldron to pay a sum of $17,565.62 toward the cost of said construction, with the County paying the remaining $29,159.38 out of its water fund, all being i accordance with the recommendation of the Public Service Authority heretofore adop provided that should the cost of the required on-site water meters exceed $3,000.0 , the developers contribute toward the cost of construction shall be reduced by an amount equal to the cost of the meters over $3,000. BE IT FURTHER RESOLVED that the Clerk notify Fralin and Waldron, Inc. of this action and that the County Executive be authorized and directed to execute an documents necessary to provide for such. On motion of Supervisor Compton and adopted by the following recorded vote: AYES: NAYS: ABSENT: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs. Johnson I I I IN RE: 1-25-77 AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1706 On motion made by Supervisor Tompkins, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 8, 1976, be and the same is hereby, amended as follows to become effective January 25, 1977: I Class: Fund: Departmen t: Object: Class: Fund: Department: Object: YES: NAYS: ABSENT: IN RE: I DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Water Bond Utilities Water Line Construction-Rte. Keagy Road 419 and 6-47000-607D $ 29,160 Revenue Water Bond Utilities Proceeds - Sale of Bonds 5-47000-1001 $ (29,160) Adopted by the following, recorded vote: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs. Johnson AMENTMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1707 On motion made by Supervisor Dodson, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 8, 1976, be and the same is hereby, amended as follows to become effective January 25, 1977: Class: Fund: Department: Object: Class: Fund: Departmen t: Object: AYES: NAYS: ABSENT: I DESCRIPTION: ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Water Bond Utilities Well Development-Roselawn Road $ 4,200 6-47000-607E Revenues Water Bond Utilities Proceeds - Sale of Bonds 5-47000-1001 $ (4,200) Adopted by the following, recorded vote: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs. Johnson Chairman Myers announced that a joint meeting of the Board and Roanoke City Council has been scheduled for Wednesday afternoon, February 9, 1977 at 1:30 p.m. in the City's Municipal Building to discuss water and sewer lines in annexed areas. 1-25-77 IN RE: BLUE CROSS/BLUE SHIELD RATE INCREASE The Director of Finance was directed to investigate the possibility of further contribution by the County for certain County employees due to the recent Blue cross/Blue Shield rate increase and report back to the Board for its consi- deration. I IN RE: JAIL FACILITY Supervisor Dodson moved that the Board hold a public session during its regularly scheduled meeting on Tuesday, February 8, 1977, at which time citizens of the County will be afforded an opportunity to express their views and opinions regarding the location of a new jail facility for Roanoke County. The motion was adopted by the unanimous voice vote of the members present IN RE: FLOWER ARRANGEMENTS POLICY At the request of the County Executive for establishment of a policy, Supervisor Tompkins moved that the Board establish a policy whereby flowers would not be sent to anyone at County taxpayer's expense. The motion was adopted by the unanimous voice vote of the members present. I The above policy was established so that there would be no appearance of favortism shown towards any County employee or official. IN RE: APPOINTMENT - BUILDING CODE BOARD OF ADJUSTMENTS AND APPEARS Supervisor Tompkins moved that Mr. Thomas A. Darnall be appointed to fill the unexpired term of Mr. William P. Mounfield on the Roanoke County Building Code Board of Adjustments and Appeals, which term expires on April 27, 1980. The motion was adopted by the unanimous voice vote of the members present IN RE: LIAISON REPRESENTATIVE - HIGHWAY SAFETY COMMISSION Supervisor Tompkins moved that Supervisor May W. Johnson be designated to serve as liaison representative from the Board on the Roanoke County Highway Safety I Commission. The motion was adopted by the unanimous voice vote of the members present 1-25-77 45 ,I IN RE: POLICY FOR SELECTION OF COUNTY SCHOOL BOARD MEMBERS Due to a tie vote at the January 11, 1977 Board meeting, the establishmen of a policy for the selection of County School Board members was again brought befo e the Board. I Supervisor Compton moved that the Board adopt the prepared resolution establishing a policy for the selection of School Board members. Supervisor Dodson amended the motion by the deletion of certain dates and deadlines in order to simplify the procedure. The amendment to the motion was defeated by the following recorded vote: AYES: Mr. Dodson, Mr. Myers NAYS: Mr. Compton, Mr. Tompkins ABSENT: Mrs. Johnson Supervisor Tompkins reiterated his previous opposition to making the names public. Mr. Ralph Hart, President of the County Council of P.T.A.ls was present at the meeting. There being no further comments, the following resolution was approved by the Board: I IN RE: RESOLUTION NO. 1708 ESTABLISHING A POLICY FOR THE SELECTION OF SCHOOL BOARD MEMBERS WHEREAS, the Board of County Supervisors is desirous of establishing a policy which would provide a procedure for the selection of School Board Members and to that end appoint a committee to make a recommendation to the Board; and WHEREAS, said committee has made its recommendation, which recommendation has the unanimous consent of the members of said committee; and WHEREAS, the Board is desirous of establishing the policy as recommended by said committee and as amended and modified by the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors that said Board hereby approves the following as a policy for the selection of Members I of the County School Board of Roanoke County: POLICY FOR SELECTION OF SCHOOL BOARD MEMBERS (1) Selection when term of member has expired (all terms to expire on June 30 of each respective year). (a) Public Notice of the fact that a vacancy will exist as of June 30 shall be given by the County Executive at the last Board of Supervisors meeting in April or at least 60 days prior to the end of the term of the School Board Members, said notice to include the procedure to be followed by potential applicants for said position. (b) Applications, including that of the current member should he or she desir= to be reappointed, and individuals that the Board Member from the respec- tive magisterial district desires to be considered, shall be submitted to 1-25-77 2 the Clerk of the Board of Supervisors on or before May 31. Applications shall not be considered unless they are received by the Clerk on or befo e 5:00 p.m. on the above date. The application shall contain the individ- ual's name, address, telephone number, and, if desired, a resume and reasons for the individual's interest in the position. (c) On June 1, the Clerk of the Board of Supervisors shall, by letter, notif all Members of the Board of Supervisors of all applicants and shall for- ward to the members of the Board all applications received. (d) On June 5, the Clerk of the Board of Supervisors shall make available to the public the names and addresses of all individuals who have applied f r the position. I (e) The Board of Supervisors shall make the appointment to the School Board at a meeting to be held not earlier than June 22. (2) Where vacancies exist because of resignations. (a) Public notice of the fact that a vacancy exists shall be given at least 30 days prior to the date the Board of Supervisors shall fill said vacan Said notice shall be given at a regular or special meeting of the Board of Supervisors. (b) Applicants shall have 15 days from the date of said notice to file appli cations with the Clerk of the Board of Supervisors. If a Board of Supervisors Member from the respective magisterial district desires to have an individual to be considered for said vacancy, he shall submit th name of said individual within the time limit herein set out. The appli cation shall contain the name, address and telephone number of the appli cant and if desired a resume and reasons for the interest in the positio Applications shall not be considered unless they are received by 5:00 p.m. of the 15th day. (c) On the day after the deadline for filing the applications, the Clerk of the Board of Supervisors shall be letter submit applications to the Members of the Board. I (d) Five days after the deadline for submitting applications, the Clerk of the Board shall make available to the public the names and addresses of all applicants. (e) The Board shall make the appointment to the School Board at a meeting to be held not less than 30 days fromfue date of the public notice set out in (a) above or not less than 10 days from the date of the release of the names of the applicants to the public as set out in (d) above, which ever is later. BE IT FURTHER RESOLVED that this policy shall remain in full force and effect until amended or modified by the Board of County Supervisors. On motion of Supervisor Compton and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers NAYS: Mr. Tompkins I ABSENT: Mrs. Johnson IN RE: APPOINTMENT - HIGHWAY SAFETY COMMISSION Supervisor Dodson moved that Mr. Kenneth W. Lussen be reappointed to serve as the Windsor Hills Magisterial District representative on the Roanoke County Highway Safety Commission, which term expires on January 1, 1979. The motion was adopted by the unanimous voice vote of the members presen . 1-25-77 4:>9 IN RE: APPOINTMENT - HIGHWAY SAFETY COMMISSION I Supervisor Compton moved that Mr. Robert E. Smith be appointed to serve as one of the Hollins }1agisterial District representatives on the Roanoke County Highway Safety Commission, which term expires on January 1, 1979. The motion was adopted by the unanimous voice vote of the members present IN RE: APPOINTEMENT - HIGHWAY SAFETY COMMISSION Supervisor Compton moved that Mrs. Barbara (Paul G.) Black be appointed to fill the unexpired term of Mr. James D. Seneff as one of the Hollins Magisterial District representatives on the Roanoke County Highway Safety Commission, which term expires on January 1, 1978. The motion was adopted by the unanimous voice votE of the members present. At 10:00 p.m., on the motion of Supervisor Dodson and the following recorded vote, the Board went into Executive Session to discuss matters involving real estate and personnel. II AYES: NAYS: ABSENT: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mr. Myers None Mrs. Johnson At 11:00 p.m., the Supervisors returned to the Civic Center and on the motion of Supervisor Tompkins and the unanimous voice vote of the members present, the Boare reconvened in open session. IN RE: EXECUTIVE COMMITTEE - FIFTH PLANNING DISTRICT COMMISSION I On the motion of Supervisor Tompkins and the unanimous voice vote of the members present, Mr. James M. Colby, a County representative on the Fifth Planning District Commission, was designated to serve as one of the County's representatives on the Commission's Executive Committee. Mr. Colby replaced Supervisor Tompkins on said Committee and will serve along with Supervisor Dodson on the Committee. Supervisor Tompkins will continue to represent Roanoke County on the Commission. On motion of Supervisor Tompkins and the unanimous voice vote of the members present, the meeting was adjourned at 11:02 p.m. CHAIRMAN