6/8/2004 - Regular
June 8, 2004
441
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
June 8, 2004
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of June, 2004.
IN RE: CALL TO ORDER
Chairman Flora called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. “Butch” Church, Joseph
McNamara, Michael A. Wray
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O’Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Peter Isenberg, New Hope Christian
Church. The Pledge of Allegiance was recited by all present.
IN RE: NEW BUSINESS
1. Request to adopt the Roanoke County School budget for the
2004-2005 fiscal year. (Jerry Canada, School Board Chair; Dr.
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Linda Weber, Superintendent)
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Mr. Canada advised that it has been a win-win situation with respect to the
budget this year due to the increase in state funding. He offered to answer any
questions the Board members may have concerning the proposed school budget. He
expressed appreciation on behalf of the School Board for the support of the Board of
Supervisors.
In response to an inquiry from Supervisor Wray, Ms. Penny Hodge,
Director of Budget and Finance for the schools, advised that English as a second
language is included in the budget and has been moved to a different line item.
The Board members expressed appreciation to the School Board for their
leadership and guidance in the schools.
Mr. Canada reported that all seniors in Roanoke County schools have
passed the Standards of Learning exam (SOL’s). This is the first year that seniors are
required to pass the SOL’s in order to graduate.
Supervisor McNamara questioned what average daily membership
number was used to calculate the school budget. Ms. Hodge advised that it was
14,126. Supervisor McNamara stated it is a good budget and the schools are a priority
for the County.
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Supervisor Flora stated that it would be very rare if there is another school
system in Virginia of a comparable size that has had every senior eligible for graduation
to pass the SOL’s, and he commended the schools for this achievement.
Supervisor Wray moved to approve the staff recommendation (approve
and adopt the school board budget for the 2004-2005 fiscal year). The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2. Presentation by Friends of the Blue Ridge Parkway and request to
appropriate funding to support the view shed protection project.
(Susan J. Mills, Executive Director; David Hill, Landscape
Architect)
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Mr. Hodge advised that Susan Mills, Executive Director of Friends of the
Blue Ridge Parkway, and David Hill, Landscape Architect, will be making a presentation
to the Board regarding a project in Roanoke County. The view shed protection project
will take place along the parkway, but will begin in Roanoke County due to the Last
Chance Landscape designation. He advised that the Friends of the Blue Ridge
Parkway organization was founded 15 years ago and is comprised of almost 7,000
members. The organization is based in Roanoke County, and the proposed view shed
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protection project involves planting trees along the critical view sites, three of which are
situated in Roanoke County.
The Clerk read a letter from Congressman Goodlatte supporting the view
shed protection project.
Mr. Hodge advised that Friends of the Blue Ridge Parkway is requesting
support in the amount of $10,000 per year for three years. He recommended that the
initial $10,000 be taken from the Board Contingency Fund, with funding for future years
being evaluated during the budget process.
Ms. Mills reported that Friends of the Blue Ridge Parkway is
headquartered in Roanoke and their President is Richard Wells. They are a
community-based organization with 6,800 national and international members, of which
1,000 reside in the Roanoke Valley. Ms. Mills advised that Friends of the Blue Ridge
Parkway is partnering with Roanoke County, the Western Virginia Land Trust, and the
Blue Ridge Parkway to address the Last Chance Landscape. With the Board’s support,
they will be taking a leadership role to model positive action for 29 counties along the
Blue Ridge Parkway in two states.
Ms. Mills stated that the mission of Friends of the Blue Ridge Parkway is
to help preserve, protect, and promote the outstanding natural beauty of the parkway.
Their request is for support of the view shed protection project which affects the natural
beauty of the surrounding landscapes of Roanoke County and the Blue Ridge Parkway.
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Ms. Mills highlighted some of the programs supported by Friends of the Blue Ridge
Parkway.
Mr. Hill presented a PowerPoint presentation outlining the tree planting
design. He stated that the boundary of the Blue Ridge Parkway was always intended to
be hidden and in designing the view shed protection project tree plantings, a number of
maps were used by the landscape architects to create a “cinematic experience”, with
attention to maintaining open views. He stated that as the County has been more
successful with economic development initiatives, a number of the development
projects have been built adjacent to the Blue Ridge Parkway. He reported that Scenic
America is a non-profit organization which has published the Last Chance Landscape
list of places that are at a critical juncture. Mr. Hill advised that the Blue Ridge Parkway
participated in the planting design for the view shed protection project, and the areas
targeted for plantings are based on the prioritized list of the most critical views to be
protected. The National Park Service has requested that protection efforts be focused
on the following three priority view sheds: Milepost 111 near Vinton, Milepost 121 near
Clearbrook, and Milepost 125 in the Starkey area.
Mr. Hill stated the first stage of the program, design of the plans, has been
completed and funded. Roanoke County is being asked to participate in the three
phases of tree plantings at critical sites. He reviewed the proposed budget for the
project, and requested that the Board appropriate $10,000 per year for a period of three
years. He stated that the benefits to Roanoke County include the involvement of
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citizens, the planting of 1,700 trees, and the ability to use Roanoke County as a model
for involvement by future localities.
Supervisor Wray inquired if the trees would be evergreens and native to
the area. Ms. Hill advised that they will be, and the trees which will be planted have
been approved by the Blue Ridge Parkway.
Supervisor Wray moved to approve the staff recommendation (approve
the request to appropriate funds in the amount of $10,000 from the Board Contingency
Fund, with further review to occur in each of the next two year’s budget process). The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
3. Request to appropriate $10,000 to the Town of Vinton for its
Downtown Improvement District Grant Program. (Elmer C.
Hodge, County Administrator)
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Mr. Hodge reported that since 1996, the County has had in place an
appearance improvement program which began in the Hollins area and has since been
expanded into the Glenvar area. The request today is to expand this to the Vinton area
and at a future date, staff would like to request that the Board expand this program
throughout the County. He advised that the program initially began when renovations
were proposed in the Hollins area, which was viewed as a gateway to Roanoke County.
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He stated that at that time, signage and building facades were out-of-date and parking
areas and entrances needed to be upgraded. It was decided that if the County worked
jointly with the communities, it would make these areas more attractive to business
opportunities.
Mr. Hodge stated that the program was very effective in the Hollins area
and guidelines for awarding the grants were established. In 2003, the program was
expanded to the Route 11/Route 460 West corridor, which was also deemed an
important entrance to the County due to the fact that it provides access from Virginia
Tech and the Center for Research and Technology. The expansion into that area was
also successful, and the County has been appropriating $10,000 per year into a
matching fund for this improvement program. Mr. Hodge advised that the Industrial
Development Authority (IDA) is involved in the grant process and at present,
approximately $80,000 is in the matching fund account. He advised that the Town of
Vinton is creating a similar improvement program, which is an outgrowth of their
Comprehensive Plan. The Town has requested information about the County’s grant
program, as well as a matching donation for this improvement project. He stated that
the request was made through Supervisor Altizer, and Vinton serves as an access point
for traffic coming from the Smith Mountain Lake area. The program will be administered
by the Town of Vinton and will not be handled by the Industrial Development Authority
(IDA). In addition, staff would like to bring an item back to the Board to expand this
matching grant program County-wide at a future date.
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Supervisor Altizer stated that he has seen what this type of improvement
program can accomplish, and this investment will provide a return for the County.
Supervisor McNamara questioned when the program will be expanded
County-wide. Mr. Hodge stated that staff would like to accomplish this through the
adoption of an ordinance within the next 30 days. Supervisor McNamara stated if the
program is expanded County-wide, there must be design guidelines in place. He
questioned if the guidelines will need to be drafted as well. Mr. Hodge stated that the
guidelines which are already in place have worked very well, and the grants tend to
benefit small companies more than large companies.
Supervisor Flora expressed support for expanding the program County-
wide.
Supervisor Altizer moved to approve the staff recommendation
(appropriate $10,000 from the matching grant fund to the Town of Vinton). The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance approving the execution of an
operating agreement with the City of Roanoke and the Western
Virginia Water Authority, and authorizing the conveyance of real
estate to said authority. (Paul Mahoney, County Attorney)
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Mr. Mahoney advised that the second reading of this ordinance will be
held on June 22 and noted that in addition to the ordinance, the Board received a copy
of the operating agreement that has been negotiated between City and County staff in
order to commence operations for the Western Virginia Water Authority (WVWA). He
stated that this is in the form of an ordinance because one of the key components of the
agreement involves a transfer of County-owned real estate to the Authority. Per the
County charter, conveyance of real estate must be accomplished by adoption of an
ordinance. Mr. Mahoney stated that in addition to the conveyance of the real estate,
staff is requesting conveyance of motor vehicles, property and equipment, and
assignment to the Authority of liabilities and obligations of the County. A listing of the
properties to be transferred by the County was provided to the Board. Mr. Mahoney
indicated that Roanoke City will also be transferring assets to the Authority this month.
He briefly outlined the major sections of the operating agreement.
Mr. Hodge stated that in the interests of full disclosure, it was important to
advise the citizens of any potential litigation costs on the part of either Roanoke City or
Roanoke County. The only significant item to report is a consent order that Roanoke
Valley governments are working on with respect to the wastewater treatment plant and
lines. The consent order involves improvement to the lines and repairs to any areas
where overflows exist. These improvements will take place over the next several years,
and Mr. Hodge reported that this is not an uncommon occurrence. He stated that this is
an issue that must be addressed regardless of the formation of the Authority. Mr.
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Hodge stated that addressing these issues in a systematic manner is the most cost-
effective approach.
Mr. Mahoney stated that staff recommends the approval of the first
reading, which also includes authorization for the Chairman and County Administrator to
execute the operating agreement.
Supervisor McNamara noted the reference to equal representation in the
agreement, but advised that the agreement does not state how the Board members are
appointed. Mr. Mahoney responded that this information is set forth in the Articles of
Incorporation approved by the State Corporation Commission (SCC) in February 2004.
In response to an inquiry from Supervisor McNamara, Mr. Mahoney
advised that appointments to the WVWA are for a four-year term; however, the Board
can replace their appointees at will.
Supervisor Wray questioned who citizens should contact in the event they
experience problems with their water or sewer service once the transition is completed
on July 1. Gary Robertson, Utility Director, advised that once the WVWA is formed, he
will be the Director of Water Operations and Mike McEvoy, currently the Roanoke City
Utility Director, will be the Director of Wastewater Operations for the WVWA. In
response to a further inquiry from Supervisor Flora, Mr. Robertson stated that there will
be a new phone number for the Authority; however at this time, the current numbers are
being transferred to the appropriate location.
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With respect to rate equalization, Supervisor Church questioned when the
rates will be fully equalized. Mr. Robertson advised that they will be equalized in 2010
under the six year plan that was adopted.
Supervisor Altizer expressed gratitude to everyone who participated in the
formation of the Authority for the time they have invested and the job they have done.
Mr. Robertson noted that there is a public hearing this Thursday, June 10, at Whitman
Auditorium at Virginia Western Community College at 7:00 p.m. to receive citizen input
on the proposed rate schedule. In addition, he thanked the Board for their support and
expressed his gratitude for the time he has worked for the County.
Supervisor Altizer moved to approve the first reading and set the second
reading and public hearing for June 22, 2004. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2. First reading of an ordinance authorizing the conveyance of an
easement to Appalachian Power Company through property
owned by the Board of Supervisors, Tax Map #028.13-01-27.04
and #028.13-01-27.00, to provide electric service to Hollins Park,
Hollins Magisterial District. (Paul Mahoney, County Attorney)
Mr. Mahoney stated that the Board received a map which shows the
location of the proposed easement. He indicated that the North Roanoke Recreation
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Club is working in conjunction with the County to install lights at the soccer field at
Hollins Park. He advised that $6,300 has been allocated for this purpose, and staff is
requesting approval for this action.
There was no discussion on this item.
Supervisor Flora moved to approve the first reading and set the second
reading for June 22, 2004. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
3. First reading of an ordinance to increase the salaries of the
members of the Board of Supervisors pursuant to Section 3.07 of
the Roanoke County Charter and Section 15.2-1414.3 of the Code
of Virginia. (Paul Mahoney, County Attorney)
Mr. Mahoney stated that under both the State Code and County Charter,
any increase in the salaries of the Board of Supervisors requires a public hearing and
adoption of an ordinance to be accomplished in May or June of each year, and the
increase is limited to an annual 5% inflation factor. He advised that staff is
recommending a 3.5% increase, which is consistent with the increase being given to
County employees. This would result in an increase of $481.76 per Board member with
an additional appropriation for the Chairman and Vice-Chairman.
In response to an inquiry from Supervisor Church, Mr. Mahoney confirmed
that this amount is the total annual increase.
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Supervisor Church moved to approve the first reading and set the second
reading and public hearing for June 22, 2004. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
4. First reading of an ordinance authorizing the lease of certain real
estate for the purpose of securing financing for the construction
of a new public safety center and a request to authorize the
borrowing of funds. (Dan O’Donnell, Assistant County
Administrator; Diane Hyatt, Chief Financial Officer; Paul Mahoney,
County Attorney)
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Mr. O’Donnell reported that staff will be requesting the Board to authorize
the execution of a lease agreement with the Virginia Resources Authority (VRA) which
will enable the County to move forward with the construction of a new public safety
building. He provided the update, outlined below, regarding the process of selecting a
developer for the project under the Public Private Educational Facilities and
Infrastructure Act (PPEA) process.
Mr. O’Donnell stated that several months ago, the Board authorized
Northrop-Grumman Corporation and Public Facility Consortium to submit detailed
design proposals for a public safety center and radio system upgrades. The building
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would house the Police, Fire and Rescue, and Information Technology Departments, as
well as the emergency operations center and 911 emergency communications center.
The current facility on Peters Creek Road also houses the emergency radio system,
which is shared by the City of Roanoke, the County of Roanoke, and the Town of
Vinton. Mr. O’Donnell advised that the need for the replacement of this facility and the
upgrade of the radio system has been well documented, and he noted that the Capital
Improvement Program (CIP) review committee, comprised of community volunteers,
placed the project at the top of the County’s priority list this spring.
Mr. O’Donnell reported that on June 1, proposals were received from both
firms and the process of reviewing the proposals was begun. Staff has selected the
consulting team of Construction Dynamics Group and RCC Communications to assist in
the review process. He stated that at the May 25 meeting, staff briefed the Board in a
work session on the opportunity to save substantial dollars through participating in the
VRA’s upcoming bond sale. At that time, the Board requested that staff review the
proposals to determine if the building portion of the project could be accomplished
within the $20 – $25 million range. In addition, staff was requested to recommend a
conservative amount of borrowing so that only the amount of funding necessary to
complete the building portion of the project would be borrowed.
Mr. O’Donnell advised that staff has viewed presentations from both
proposers, has reviewed the cost estimate portions of the proposals, and they are
confident that the building portion of the project can be completed for less than $25
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million. Mr. O’Donnell reported that staff recommends that the County proceed with a
borrowing of $22 million in order to complete the building portion of the project. He
noted that the County is not able to publicly discuss the specific prices in the proposals
at this point because under the PPEA regulations, proposals are proprietary until
comprehensive agreements have been negotiated.
Mr. O’Donnell reported that both Public Facility Consortium and Northrop-
Grumman have submitted high quality proposals for a public safety building in
approximately the 80,000 square foot range. They have also submitted plans for
upgrading the dispatch and radio systems, which will take several weeks to review
before an upgrade path can be recommended. He stated that in July, staff will
recommend one proposal for comprehensive agreement negotiation. The complete
project will include emergency communications system upgrades as well as the building
construction. The total project estimate is $30 million, as documented in the CIP. The
remaining funds for this project above the recommended $22 million borrowing have
been set aside by the Board in the Capital Fund Unappropriated Balance. Once a
comprehensive agreement has been negotiated, the Board will be requested to
appropriate the amount needed to complete funding for the project.
Ms. Hyatt stated that the original time schedule anticipated for the
borrowing would have occurred in September or October. The County was, however,
invited to participate in the VRA’s spring bond pool sale. She stated that the County
has had favorable dealings with the VRA in the past, and the key advantage to
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proceeding with borrowing at this time is that it allows the County to get to market early
and avoid rising interest rates. She reported that the VRA Board met today to identify
the bond sale participants, and the County has been pre-approved for participation. If
the Board of Supervisors decides to participate in the VRA sale, the bonds will be priced
on June 15 and will close on June 30. This will be a lease-financing with a lease
between the County and the VRA. Ms. Hyatt stated that since the County does not own
the proposed site, the currently owned facility will be used in the initial lease; when the
new site is prepared, the lease will be switched to reflect this change. She further
advised that there will be no draw downs against the construction account until the
property has been acquired.
Ms. Hyatt reported that funding is being requested for $22 million in
construction proceeds, plus any issuance costs and discounts that may occur as a
result of the sale. She stated that $1,200,000 has been included in the fiscal year 2004-
2005 budget for debt service. Ms. Hyatt outlined the following three re-payment
options: (1) 30 years: annual payments would be $1,450,000 for a total payment of
$42 million at an average interest cost of 4.9%; (2) 25 years: annual payments would
be $1,550,000 for a total payment of $37.7 million at an average interest cost of 4.75%;
(3) 20 years: annual payments would be $1.7 million for a total payment of $33.5 million
at an average interest cost of 4.5%. Ms. Hyatt reported that for all of the above
alternatives, the call date is currently set for November 2014, which is 11 years from
now. Since this is a competitive sale, the call date could possibly change as a result of
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the pricing. Ms. Hyatt stated that based on the fact that $1.2 million is available to go
toward debt service, staff recommends the 25 to 30 year re-payment term.
Ms. Hyatt outlined the following change to the proposed ordinance: page
2, paragraph 5, which outlines approval of the terms of the lease. “Principal will provide
$22,000,000 for construction costs, plus amounts sufficient to pay all costs associated
with the financing, including legal fees and any discount.” Ms. Hyatt stated that it will
have a maturity not to exceed 30 years. Due to the time sensitive nature, Ms. Hyatt
indicated that the second reading of the ordinance will need to be waived.
Supervisor Flora inquired with respect to the original concept, what
operations are anticipated to occupy the site. Mr. O’Donnell responded that it will be the
complete project which includes police, fire and rescue, administration, information
technology, and the emergency communications and operations center.
Supervisor McNamara questioned if this item is approved, will there be
further discussion in a work session regarding the term for the borrowing. Mr. Hodge
advised that no additional work sessions have been scheduled, and Ms. Hyatt stated
that the County must select a term for the borrowing before they notify the VRA tonight
of their decision. Supervisor McNamara expressed support for a shorter term to provide
the greatest long-term savings to the County. Ms. Hyatt stated that an additional
$250,000 will be needed for debt service in next year’s budget for a 30 year term;
$350,000 will be needed for a 25 year term, and $500,000 will be needed for a 20 year
term.
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Supervisor Altizer stated that a consensus is needed on the term of the
borrowing. He inquired if an additional $200,000 or $250,000 is needed to fund the 30
year borrowing. Ms. Hyatt responded that $250,000 will be needed. Supervisor Altizer
stated that with some of the other pending capital projects such as the proposed
regional jail, the County should not “sell ourselves short”. He noted that 70% of the
bonds sold through the VRA pool sale will be rated AAA and 30% will be AA, which will
be better rates than if the County were not issuing through the VRA. Ms. Hyatt
confirmed that there will be a cost savings by issuing through the VRA as opposed to a
stand-alone issue.
Supervisor Altizer requested clarification on the 11 year call. Ms. Hyatt
stated the County cannot refinance or pay off the bonds during the call period.
Following the call period, the bonds can be refinanced or pre-paid. She reported that
these are also negotiated sales and the call date may be moved based on the interest
rates when the bonds are sold.
Supervisor Church stated that a four-fifths (4/5) vote will be needed for
approval since the second reading is being waived, and he concurred with Supervisor
Altizer regarding the 30 year term for the bonds.
Mr. Hodge advised that a joint meeting with the Planning Commission is
scheduled for 4:30 p.m. and there are a number of citizens in attendance for this item;
following that work session, Mike Chandler from Virginia Tech will conduct a training
session until approximately 10:00 p.m. He recommended that if there is a need to
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discuss the matter further, that the Board continue this discussion following the other
items on the agenda. Mr. Hodge expressed the need to consider the other pending
capital needs for the County and schools, as well as debt service requirements.
Supervisor Wray requested clarification on the debt service amounts. Ms.
Hyatt recapped the following information: (1) 30 years: annual payments would be
$1,450,000 for a total payment of $42 million at an average interest cost of 4.9%; (2) 25
years: annual payments would be $1,550,000 for a total payment of $37.7 million at an
average interest cost of 4.75%; (3) 20 years: annual payments would be $1.7 million for
a total payment of $33.5 million at an average interest cost of 4.5%.
Supervisor Flora inquired about the term length of the school construction
bonds. Ms. Hyatt stated that they are 20 year bonds. Supervisor Flora questioned
based on a 20 year bond, how much construction can be completed for $100,000 per
year. Ms. Hyatt responded that the staff had been using the formula that $10 million
costs $1 million on a 20 year bond at 6% rates. This usually amounts to approximately
10% of the issuance. She further advised that since rates are below 6%, currently $20
million costs $1.7 million on a 20 year loan. Ms. Hyatt noted that the incremental
change to go from 30 to 25 years is $100,000; when you go from 25 to 20 years, it costs
an additional $150,000 to get five additional years years.
Supervisor McNamara stated that the County had previously planned to
use economic development incentives to fund this project, and he noted that the County
now has an additional $1 million. He expressed reservations about not taking time to
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discuss the difference in the payout plans between 20, 25, and 30 years. He stated that
this information was received five minutes ago, and this is a decision that will impact
citizens 20 years from now. He stated that a 20 year term for school construction is
appropriate. With respect to the County’s borrowing, he stated that a 20 year term is
great if staff can find a way to make it work; a 25 year term is better; however he stated
that the County can do better than a 30 year term, given the current financial
environment.
Supervisor Altizer questioned whether the Board can approve the item
that is pending and add the term following approval. Mr. Mahoney stated that the
ordinance states that the term is for a period not to exceed 30 years; however, the
County must provide information to the VRA tonight regarding the specific term. He
advised that the Board can vote to approve the ordinance now and specify the terms
later this evening.
There was a consensus of the Board members to continue the discussion
of this item following the evening session.
5. First reading of an ordinance authorizing the acquisition of
certain real estate from Norman D. Mason consisting of
approximately 4.83 acres and being identified as Tax Map No.
28.13-1-27.5 for public park purposes, Hollins Magisterial District.
(Paul Mahoney, County Attorney)
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Mr. Mahoney advised that Pete Haislip, Director of Parks, Recreation and
Tourism, is present at the meeting and will be presenting staff plans for the use of the
property if the acquisition is approved by the Board. The property will be acquired from
Mr. Mason for approximately $250,000, and staff is requesting an appropriation of
$255,000 to cover the purchase price plus any ancillary costs associated with the
acquisition. If this action is approved by the Board, the closing on the property will
occur in late August. At that time, the Board will need to petition for an amendment to
the zoning ordinance to change the classification from industrial to residential zoning for
public park use. In addition, property owners would need to be petitioned for an
amendment to the protective covenants.
Mr. Haislip stated that the property is the existing Hollins Park off of
Hollins Road. The Mason tract is 4.83 acres which connects to the park and extends to
Hollins Road. He stated it will be an excellent addition to the park in an area which is
experiencing growth. He stated that plans include additional parking, picnic areas, play
apparatus, and the Hollins Rotary Club has submitted a matching grant request for a 0.5
mile walking trail. He introduced Debbie George, Chair of the Parks, Recreation and
Tourism Advisory Commission. Ms. George spoke regarding the lighting of the soccer
fields and the benefits to the citizens.
There was no discussion on this matter.
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Supervisor Flora moved to approve the first reading and set the second
reading and public hearing for June 22, 2004. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: SECOND READING OF ORDINANCE AND ADOPTION OF PROPOSED
BUDGET
1.Resolution adopting the fiscal year 2004-2005 budget, including
the fiscal year 2005-2009 Capital Improvement Plan, for Roanoke
County, Virginia. (Brent Robertson, Budget Director)
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Mr. Robertson advised that the fiscal year 2004-2005 budget was
presented to the Board of Supervisors and a public hearing was held on April 27, 2004.
He noted that there was one significant change which resulted from the formation of the
Western Virginia Water Authority (WVWA). He advised that utility/enterprise funds had
originally been included in the budget in the event that there were problems that would
have prevented the transition to the Authority on July 1; however based on the current
status, it has been decided that these funds will be removed from the budget. Mr.
Robertson reported that this means that instead of a total gross budget including inter-
and intra-fund transfers of $309,786,992, staff will remove the water budget of
$12,269,207 and the sewer budget of $8,859,649, which is a reduction of $21,128,856
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for a new gross budget of $288,658,136. Mr. Robertson stated that the 2005-2009
Capital Improvement Plan (CIP) is prepared in conjunction with the budget, and is
included as part of the resolution. The CIP represents an inventory of the County’s
capital needs for the next five years. He noted that adoption of the CIP document does
not represent an appropriation of funds, which occurs with the second reading of the
appropriation ordinance.
Chairman Flora questioned whether the 3.5% salary increase represents a
cost of living increase or a merit increase. Mr. Robertson responded that Human
Resources is moving the salary ranges 2%, but this does not necessarily reflect a cost
of living adjustment. He stated that the 3.5% will be viewed as a merit increase. Mr.
Hodge advised that the salary ranges were adjusted 2% to maintain market
competitiveness, and he stated that the remaining 1.5% is for merit increase based on
individual employee performance.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 060804-5 APPROVING THE FISCAL YEAR 2004-2005
BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
June 8, 2004
464
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearing as required
thereon was held on April 27, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual budget for Fiscal Year 2004-
2005 for Roanoke County, Virginia, as shown on the attached Schedules.
County of Roanoke
Budget Adoption
FY 2004-2005
Adopted
FY 2004-05
Revenue Estimates
General Fund
General Government
General Property 93,189,846
Taxes
Other Local Taxes 26,485,000
Permits, Fees & Licenses 633,577
Fines and Forfeitures 599,200
Interest Income 403,900
Charges for Services 2,397,200
Commonwealth 9,010,728
Federal 2,650,000
Other 859,115
Total General Government 136,228,566
Comprehensive Services 5,037,171
E-911 Maintenance 970,000
Law Library 41,735
S B & T Building 404,273
VJCCCA/Life Skills 271,669
Recreation Fee Class 981,694
Internal Services 2,974,293
County Garage 346,392
Total General Fund 147,255,793
Debt Service Fund - County 3,035,130
Capital Projects Fund 3,584,345
June 8, 2004
465
Internal Service Fund 957,700
Water Fund 0
Beginning Balance 0
Total Water Fund 0
Sewer Fund 0
Beginning Balance 0
Total Sewer Fund 0
School Operating Fund 112,448,453
School Cafeteria Fund 3,959,000
School Capital Fund 1,142,335
School Debt Fund 10,362,924
Regional Alternative School 396,382
School Grants Fund 4,588,058
School Textbook Fund 928,016
Total School Funds 133,825,168
Total Revenues All Funds 288,658,136
Less: Transfers (81,370,548)
Total Net of Transfers 207,287,588
Proposed Expenditures
General Fund
General Government
General Administration 2,712,828
Constitutional Officers 8,936,527
Judicial Administration 1,110,435
Management Services 2,851,441
Public Safety 17,273,121
Community Services 10,552,518
Human Services 14,014,169
Non-Departmental 5,840,504
Transfers to School Operating Fund 55,418,524
Transfers to Capital 3,584,345
Fund
Transfers to County Garage 134,318
Transfers to Debt Service Fund 10,589,136
Other 3,210,700
Total General Government 136,228,566
Comprehensive Services 5,037,171
E-911 Maintenance 970,000
Law Library 41,735
S B & T Building 404,273
VJCCCA/Life Skills 271,669
County Garage 346,392
Recreation Fee Class 981,694
June 8, 2004
466
Internal Services 2,974,293
Total General Fund 147,255,793
Debt Service Fund - County 3,035,130
Capital Projects Fund 3,584,345
Internal Service Fund 957,700
Water Fund 0
Unappropriated Balance 0
Total Water Fund 0
Sewer Fund 0
Unappropriated Balance 0
Total Sewer Fund 0
School Operating Fund 112,448,453
School Cafeteria Fund 3,959,000
School Capital Fund 1,142,335
School Debt Fund 10,362,924
Regional Alternative School 396,382
School Grants Fund 4,588,058
School Textbook Fund 928,016
Total School Funds 133,825,168
Total Expenditures All Funds 288,658,136
Less: Transfers (81,370,548)
Total Net of Transfers 207,287,588
In addition to the above revenues and expenditures, $2,000,000 from the
Unappropriated
Balance is appropriated to a Reserve for Contingency for unanticipated or
emergency
expenditures; and funds allocated to the Unappropriated Fund Balance must be
appropriated by the Board of Supervisors before such funds may be expended.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2Second reading of an ordinance appropriating the funds for the
.
fiscal year 2004-2005 budget. (Brent Robertson, Budget Director)
O-060804-6
June 8, 2004
467
Mr. Robertson advised that the key change from the first reading is to
remove the enterprise fund for a total County budget of $288,658,136.
There was no discussion on this item.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 060804-6 APPROPRIATING FUNDS FOR
THE 2004-05 FISCAL YEAR BUDGET FOR ROANOKE
COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on April 27, 2004 concerning the adoption of the annual budget for Roanoke
County for fiscal year 2004-05; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on June 8, 2004, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 25,
2004, and the second reading of this ordinance was held on June 8, 2004, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2004, and ending June 30, 2005, for the functions and
purposes indicated:
Revenues:
General Fund:
General Government $ 136,228,566
Comprehensive Services 5,037,171
E-911 Maintenance 970,000
June 8, 2004
468
Law Library 41,735
VJCCCA/Life Skills 271,669
SB & T Building 404,273
Recreation Fee Class 981,694
Internal Services 2,974,293
County Garage 346,392
Total General Fund $ 147,255,793
Debt Service Fund - County $ 3,035,130
Capital Projects Fund $ 3,584,345
Internal Service Fund - Risk Management $ 957,700
Water
Fund $ 0
Beginning Balance 0
0
Sewer
$ 0
Fund
Beginning Balance 0
0
School Funds:
Operating $ 112,448,453
Cafeteria 3,959,000
Capital 1,142,335
Debt 10,362,924
Regional Alternative School 396,382
Grant 4,588,058
Textbook 928,016
Total School Fund $ 133,825,168
Total All Funds $ 288,658,136
June 8, 2004
469
Expenditures:
General Government:
General Administration
Board of Supervisors $ 347,485
County Administrator 237,425
Community Relations 206,787
Asst. Co. Administrators 313,073
Human Resources 552,399
County Attorney 453,433
Economic Development 602,226
Total General Administration $ 2,712,828
Constitutional Officers
Treasurer $ 720,643
Commonwealth Attorney 650,406
Commissioner of the Revenue 687,383
Clerk of the Circuit Court 873,333
Sheriff's Office 1,418,184
Care & Confinement of Prisoners 4,586,578
Total Constitutional Officers $ 8,936,527
Judicial Administration
Circuit Court $ 197,068
General District Court 40,878
Magistrate 1,655
J & DR Court 13,429
Court Service Unit 857,405
Total Judicial Administration $ 1,110,435
Management Services
Real Estate Assessments $ 901,398
Finance 1,136,998
Public Transportation 273,000
June 8, 2004
470
Management and Budget 223,138
Procurement Services 316,907
Total Management Services $ 2,851,441
Public Safety
Police $ 8,549,696
Fire and Rescue 8,723,425
Total Public Safety $ 17,273,121
Community Services
General Services $ 289,305
Solid Waste 4,590,879
Community Development 4,051,608
Building Maintenance 1,620,726
Total Community Services $ 10,552,518
Human Services
Grounds Maintenance $ 1,826,281
Parks and Recreation 2,497,333
Public Health 459,403
Social Services 6,213,719
Contributions-Human Service, Cultural,
Tourism 430,703
Library 2,220,204
VPI Extension 94,129
Elections 272,397
Total Human Services $ 14,014,169
Non-Departmental
Employee Benefits $ 2,256,237
Miscellaneous 890,000
Internal Service Charges 2,694,267
Total Non-Departmental $ 5,840,504
June 8, 2004
471
Transfers to Other Funds
Transfer to Debt - General & Schools $ 10,589,136
Transfer to Capital 3,584,345
Transfer to Schools 55,071,225
Transfer to Schools - Non Recurring 0
Transfer to Schools - Dental Insurance 347,299
Transfer to Internal Services 957,700
Transfer to Comprehensive Services 2,153,000
Transfer to County Garage 134,318
Total Transfers to Other Funds $ 72,837,023
Unappropriated Balance
Board Contingency 100,000
Total General Government $ 136,228,566
Comprehensive Services $ 5,037,171
E-911 Maintenance $ 970,000
Law Library $ 41,735
VJCCCA/Life Skills $ 271,669
SB & T Building $ 404,273
Recreation Fee Class $ 981,694
Internal Services
Management Information Systems $ 2,494,259
Communications 480,034
County Garage $ 346,392
Total Internal Services $ 3,320,685
June 8, 2004
472
Total General Fund $ 147,255,793
Debt Service Fund - County $ 3,035,130
Capital Projects Fund $ 3,584,345
Internal Services Fund - Risk Management $ 957,700
Water Fund $ 0
Unappropriated Balance 0
0
Sewer Fund $ 0
Unappropriated Balance 0
0
School Funds:
Operating $ 112,448,453
Cafeteria 3,959,000
Capital 1,142,335
Debt 10,362,924
Regional Alternative School 396,382
Grant 4,588,058
Text Book 928,016
Total School Funds $ 133,825,168
Total All Funds $ 288,658,136
2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one department to
another within a fund.
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2004, are re-appropriated to the 2004-05 fiscal year to the same department
and account for which they are encumbered in the previous year.
June 8, 2004
473
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2004, and appropriations in the 2004-
05 budget.
5. That all school fund appropriations remaining at the end of the 2003-04 fiscal
year not lapse but shall be appropriated to the School Capital Improvements Fund in
fiscal year 2004-05.
6. That all General Fund appropriations remaining unexpended at the end of the
2003-04 fiscal year not lapse but shall be re-appropriated as follows:
a) 40% of these unexpended appropriations shall be transferred to the un-
appropriated Capital Fund Balance;
b) 60% of these unexpended appropriations shall be re-appropriated to the
same department for expenditure in fiscal year 2004-05 as provided by
Resolution 042396-5.
7. That Two Million Dollars from the Unappropriated Fund Balance is hereby
appropriated to a Reserve for Contingency for unanticipated or emergency expenditures
that may arise during the 2004-05 fiscal year; and money allocated to the
Unappropriated Fund Balance must be appropriated by the Board of Supervisors before
such money may be expended.
8. This ordinance shall take effect July 1, 2004.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: APPOINTMENTS
1. Court Community Corrections Program Regional Community
Criminal Justice Board
Supervisor Flora nominated John M. Chambliss, Jr. to serve an additional
three-year term which will expire on July 1, 2007.
2. Parks and Recreation Advisory Commission (Appointed by
District)
June 8, 2004
474
Supervisor Wray nominated Jack W. Griffith, Cave Spring Magisterial
District, to serve an additional three-year term which will expire on June 30, 2007. He
requested that Mr. Griffith’s name be placed on the consent agenda for confirmation at
today’s meeting.
3. Virginia’s First Regional Industrial Facility Authority
Supervisor Flora nominated Doug Chittum and Jill Loope, Alternate
Member, to serve additional two-year terms which will expire on July 1, 2006.
IN RE: CONSENT AGENDA
R-060804-5
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 060804-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for June 8,
2004, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of minutes – May 25, 2004
2. Confirmation of committee appointments to the Board of Zoning Appeals
(Appointed by District); Community Policy and Management Team (CPMT);
Court Community Corrections Alcohol Safety Action Program (ASAP) Policy
Board; Parks and Recreation Advisory Commission; Roanoke County Cable
Television Committee; Roanoke Valley-Alleghany Regional Commission;
June 8, 2004
475
Roanoke Valley Convention and Visitors Bureau; Roanoke Valley Detention
Commission; and Roanoke Valley Regional Cable Television Committee
3. Request for renewal of agreement to provide office space to the Roanoke
Valley Greenway Commission
4. Designation of voting delegate to the National Association of Counties
Conference to be held on July 16-20, 2004
5. Request to appropriate funding in the amount of $8,000 for the Treasurer’s
turnover audit
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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Wray: He advised that on Thursday, June 10 at 12:00 noon
there will be a dedication ceremony for the stoplight in the Clearbrook area at Indian
Grave Road.
June 8, 2004
476
Supervisor Church: (1) He stated that he is still receiving calls regarding
trailers along Harbourwood Road. Mr. Haislip, Director of Parks, Recreation & Tourism,
reported that the Community Development Department staff is working on the design
plans to widen the road and increase site distance. He advised that funding has been
identified in the revenue sharing program to handle a portion of this project. Mr. Haislip
further advised that when events are held at the equestrian facility, Parks & Recreation
staff places signs along the road to warn of the possibility of encountering trailers along
the road. (2) He stated that for the benefit of the viewing audience, the information
pertaining to the financing terms on the Public Safety Center was presented to the
Board and discussed previously in closed session, and noted that the information was
not received five minutes before the meeting.
IN RE: RECESS
Chairman Flora recessed the meeting at 4:55 p.m.
IN RE: CONTINUATION OF DISCUSSION REGARDING PUBLIC SAFETY
CENTER
June 8, 2004
477
1. First reading of an ordinance authorizing the lease of certain real
estate for the purpose of securing financing for the construction
of a new public safety center and a request to authorize the
borrowing of funds. (Dan O’Donnell, Assistant County
Administrator; Diane Hyatt, Chief Financial Officer; Paul Mahoney,
County Attorney)
O-060804-4
The Board returned to open session at 5:02 p.m.
Supervisor Church moved to adopt the ordinance with a 30 year borrowing
term and to waive the second reading.
Supervisor McNamara stated that the Board talks about being a
conservative board, and at the same time they talk about borrowing as much money as
possible. He indicated that these are not congruent statements. He advised that when
you look at maintaining financial flexibility, maintaining a reasonable debt structure, and
making sure that the County has sufficient debt coverage, all of those attributes are
important and are included whether the Board is looking at a 30, 25, or 20 year
financing term. He stated that more money will be paid over the long-term if the term is
longer; and he stated that if a 25 year term is used, it reduces the total cost of the
project by $4.3 million and also reduces carrying costs. He stated that he would
personally prefer a 20 year term, but stated that the County should be able to find
$100,000 in additional funding to reduce the term to 25 years.
June 8, 2004
478
Supervisor McNamara made a substitute motion to adopt the ordinance
with a 25 year borrowing term and to waive the second reading.
Supervisor Altizer concurred with Supervisor McNamara that there is a
need to be conservative, but advised that the Board is not buying a house. He stated
that in the business community when interest rates are as low as they currently are, the
philosophy is to buy as much as you can. He stated that the County is now planning to
build a public safety center that should have been examined 10 years ago, at which
time the cost would have been more like $15 million rather than $30 million. He noted
that the County could have saved $15 million had someone acted 10 years ago. He
concurred that $100,000 could probably be found in the current budget but stated that
when you look at what the Board will face five years from now, such as jail and school
construction needs, the cost of not having the recurring money to pay for projects when
they need to be done is not a good decision. He indicated that the Board needs to
spend money when it makes the most sense, and he voiced support for Supervisor
Church’s motion for a 30 year borrowing term.
The substitute motion by Supervisor McNamara to adopt the ordinance
with a 25 year borrowing term and to waive the second reading was defeated by the
following recorded vote:
AYES: Supervisor McNamara
NAYS: Supervisors Church, Wray, Altizer, Flora
June 8, 2004
479
The motion by Supervisor Church to adopt the ordinance with a 30 year
borrowing term and to waive the second reading carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 060804-4 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE LEASE OF
CERTAIN REAL ESTATE CONSISTING OF THE EXISTING PUBLIC
SAFETY BUILDING AND LAND LOCATED ON PETERS CREEK
ROAD TO THE VIRGINIA RESOURCES AUTHORITY FOR THE
PURPOSE OF SECURING FINANCING FOR THE CONSTRUCTION
OF A NEW PUBLIC SAFETY CENTER AND AUTHORIZING OTHER
RELATED ACTIONS
WHEREAS
, the Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County") intends to obtain funds to finance a project consisting of (i) the
design, construction, furnishing and equipping of a public safety center on certain land
to be acquired by the County (collectively, the "Real Estate"), which is to be owned and
operated by the County, (ii) the acquisition of public safety equipment for the County
and (iii) paying the costs related to the financing (collectively, the "Project");
WHEREAS
, the Board has determined that it is in the best interest of the County
to enter into a lease arrangement in order to obtain funds to finance the Project;
WHEREAS
, the Board is authorized, pursuant to Section 15.2-1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved land held by the
County and in accordance with Section 15.2-1800B no public hearing is required with
respect to such lease to the Virginia Resources Authority;
WHEREAS
, the second reading of this Ordinance is being waived by the Board
by four-fifths vote pursuant to Section 18.04 of the County Charter;
WHEREAS
, Virginia Resources Authority or its designee ("VRA") intends to
issue its Infrastructure Revenue Bonds (Virginia Pooled Financing Program), Series
2004A (the "VRA Bonds"), to loan a portion of the proceeds to the County pursuant to
the terms of a Local Lease Acquisition Agreement (the "Local Lease Acquisition
Agreement") and a Financing Lease (defined herein) (the "Lease Obligation");
WHEREAS
, the County will enter into a Prime Lease (the "Prime Lease") with
VRA whereby the County will lease certain real estate consisting initially of the existing
public safety building and related land located on Peters Creek Road and subsequently
the Real Estate consisting of the new public safety center to be located on Cove Road
(collectively, the "Leased Property") to VRA;
WHEREAS
, the County will enter into a Financing Lease (the "Financing Lease")
June 8, 2004
480
with VRA whereby VRA will lease the Lease Property back to the County and which
Financing Lease will secure the Lease Obligation;
WHEREAS
, the County will cause the Project to be developed on the Real
Estate;
WHEREAS
, the County intends to repay the Lease Obligation out of
appropriations from the County's General Fund;
WHEREAS
, there have been presented to this meeting drafts of the following
documents (the "Documents") proposed in connection with the foregoing:
(a) the Prime Lease;
(b) the Financing Lease; and
(d) the Local Lease Acquisition Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Leasing Arrangement and Lease Obligations. The leasing
arrangement with VRA to accomplish the financing of the Project for the benefit of the
County is hereby approved.
2. Approval of Prime Lease. The leasing of the Leased Property to VRA
pursuant to the terms of the Prime Lease is hereby approved.
3. Approval of the Financing Lease. The leasing by the County of the
Leased Property pursuant to the terms of the Financing Lease is hereby approved.
4. Approval of the Terms of the Documents. The County Administrator or the
Chief Financial Officer, either of whom is authorized to act, is authorized to approve the
final details of the Documents.
5. Approval of the Terms of the Lease Obligation. The Lease Obligation
shall be composed of principal and interest components having a maximum original
principal amount sufficient to provide $22,000,000 for construction costs, plus amounts
sufficient to pay all costs associated with the financing, including legal fees and any
discount. The Lease Obligation shall accrue interest at a maximum interest rate of 6%
per annum, and shall have a term to maturity not exceeding approximately thirty (30)
years after origination of the Lease Obligation.
Following the pricing of the corresponding VRA Bonds, the Chairman or County
Administrator shall evidence his approval of the final terms and purchase price of the
Bonds by executing and delivery to VRA the Local Lease Acquisition Agreement, which
shall be in substantially the form presented to this meeting, with such completions,
omissions, insertions and changes not inconsistent with this Ordinance as may be
approved by the officer executing the Local Lease Acquisition Agreement. The actions
of the Chairman or County Administrator in determining the final terms and the
purchase price of the Bond shall be conclusive, and no further action shall be necessary
on the part of the County.
6. Payments under Financing Lease. The County agrees to pay all amounts
required by the Financing Lease, including any amounts required by Section 5.1(b) of
the Financing Lease, including the "Supplemental Interest," as provided in such section.
June 8, 2004
481
7. Execution and Recordation of Documents. The Chairman of the Board,
the County Administrator and the Chief Financial Officer, each of whom is authorized to
act, are authorized and directed to execute the Documents and deliver them to the other
parties thereto. The Chairman of the Board, the County Administrator and the Chief
Financial Officer, each of whom is authorized to act, are further authorized to cause the
Prime Lease and the Financing Lease to be recorded in the Clerk's Office of the Circuit
Court of Roanoke County.
8. Form of Documents. The Documents shall be in substantially the forms
submitted at this meeting, which are hereby approved, with such completions,
omissions, insertions and changes as may be approved by the Chairman of the Board,
the County Administrator and the Chief Financial Officer, each of whom is authorized to
act, the execution by the Chairman of the Board, the County Administrator or the Chief
Financial Officer to constitute conclusive evidence of the approval of any such
completions, omissions, insertions and changes.
9. Essentiality of the Project. The Project is hereby declared to be essential
to the efficient operation of the County, and the County anticipates that the Project will
continue to be essential to the operation of the County during the term of the Financing
Lease.
10. Annual Budget. While recognizing that it is not empowered to make any
binding commitment to make such payments beyond the current fiscal year, the Board
hereby states its intent to make annual appropriations for future fiscal years in amounts
sufficient to make all such payments and hereby recommends that future Boards do
likewise during the term of the Financing Lease. The Board directs the Chief Financial
Officer, or such other officer who may be charged with the responsibility for preparing
the County's annual budget, to include in the budget request for each fiscal year during
the term of the Financing Lease an amount sufficient to pay all amounts coming due
under the Financing Lease during such fiscal year. As soon as practicable after the
submission of the County's annual budget to the Board, the County Administrator is
authorized and directed to deliver to VRA evidence that a request for an amount
sufficient to make the payment of all amounts payable under the Financing Lease has
been made. Throughout the term of the Financing Lease, the County Administrator
shall deliver to VRA within 30 days after the adoption of the budget for each fiscal year,
but not later than July 1, a certificate stating whether an amount equal to all amounts
due under the Financing Lease which will be due during the next fiscal year has been
appropriated by the Board in such budget. If at any time during any fiscal year of the
County throughout the term of the Financing Lease, the amount appropriated in the
County's annual budget in any such fiscal year is insufficient to pay when due the
amounts payable under the Financing Lease, the Board directs the Chief Financial
Officer, or such other officer who may be charged with the responsibility for preparing
the County's annual budget, to submit to the Board at the next scheduled meeting, or as
promptly as practicable but in any event within 45 days, a request for a supplemental
appropriation sufficient to cover the deficit.
June 8, 2004
482
11. Payment of Lease Obligation is Subject to Appropriation. The County's
obligation to make payments to VRA pursuant to the Financing Lease is hereby
specifically stated to be subject to annual appropriation therefor by the Board, and
nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and
credit nor taxing power of the County nor compel the Board to make any such
appropriation.
12. Reimbursement Declaration. The County has made and expects to make
out of temporary funds certain expenditures in connection with the Project for which the
County reasonably expects to be reimbursed as permitted by Treasury Regulation
Section 1.150-2 issued pursuant to the Internal Revenue Code of 1986, as amended,
from the proceeds of the Lease Obligation. The maximum principal amount of the
Lease Obligation is expected to be the amount set forth in paragraph 5.
13. Disclosure Documents. The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both prepared in
connection with the sale of bonds to be issued by VRA, a portion of the proceeds of
which will be used to purchase the Lease Obligation. If appropriate, such disclosure
documents shall be distribute in such manner and at such times as any of them shall
determine. The County Administrator is authorized and directed to take whatever
actions are necessary and/or appropriate to aid VRA in ensuring compliance with
Securities and Exchange Commission Rule 15c2-12.
14. Tax Documents. The County Administrator is authorized to execute a
Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the
"Tax Documents") setting forth the expected use and investment of the proceeds of the
Lease Obligation and containing such covenants as may be necessary in order to
comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax
Code"), including the provisions of Section 148 of the Tax Code and applicable
regulations relating to "arbitrage bonds." The County covenants that the proceeds from
the issuance and sale of the Lease Obligation will be invested and expended as set
forth in the Tax Documents, to be delivered simultaneously with the issuance and
delivery of the Lease Obligation and that the County shall comply with the other
covenants and representations contained therein.
15. Other Actions. All other actions of the officers of the County in conformity
with the purpose and intent of this ordinance are hereby approved and confirmed. The
officers of the County are hereby authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may be considered
necessary or desirable in connection with the execution and delivery of the Documents
in connection with the Lease Obligation.
16. Repeal of Conflicting Resolutions or Ordinances. All resolutions or
ordinances or parts thereof in conflict herewith are hereby repealed.
17. Waiver of Second Reading. The Board hereby waives the second reading
of this Ordinance.
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18. Effective Date. This ordinance shall take effect immediately.
On motion of Supervisor Church to adopt the ordinance with a 30-year term for
the borrowing and waive second reading, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: ADJOURNMENT TO WORK SESSIONS
At 5:10 p.m., Chairman Flora adjourned the meeting to the work sessions
th
which will be held in the 4 Floor Training Room.`
IN RE: WORK SESSIONS
1. Joint work session with the Planning Commission to discuss
revisions to the Community Plan. (Janet Scheid, Chief Planner)
The work session was held from 5:17 p.m. until 6:18 p.m. Staff present
included: Arnold Covey, Director of Community Development; Janet Scheid, Chief
Planner; David Holladay, Zoning Administrator; Anthony Ford, Traffic Engineer; and
Chris Lowe, Planner. Planning Commission members present included: Al Thomason,
Chair; Steve Azar, Martha Hooker, Rodney McNeil, and Gary Jarrell.
Mr. Covey outlined the schedule that has been followed with respect to
revisions to the Community Plan: June 2003, Citizens Planning Academy; January
2004, meetings with Citizens Task Force and the Homebuilders Association
representatives; May 2004, district meetings with citizens. He noted some of the recent
changes that have been implemented which include the approval of drainage crews,
amendments to the erosion and sediment control ordinance, new building regulations to
address steep slopes, and new plot plan requirements.
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Ms. Scheid reported that during the community meetings, input was
received from approximately 100 – 150 citizens. A list of comments compiled from
these meetings was distributed to the Board. Ms. Scheid advised that proposed
revisions to the community plan were based on the following four growth management
standards established by the Board: (1) decrease density in rural areas; (2) manage
extension of water and sewer services; (3) protect steep slopes and ridgelines; and (4)
control runoff on residential lots. She advised that to achieve these standards, staff is
recommending the following changes: (1) revise AG zoning districts to increase lot size
and frontage requirements; (2) identify and map fringe areas contiguous to where utility
services currently exist and develop into those areas which can accommodate growth
within the next five years; anything outside of the fringe area would require review by
the Planning Commission; (3) develop and map a mountain zoning district that would
define what is a mountain versus a ridgeline, etc., and also establish policies regarding
development in these areas. In addition, it is recommended that an ordinance be
adopted to prohibit clear cutting in these areas.
Mr. Lowe reviewed storm water management goals which include: (1)
manage storm water effects of development on private property; (2) manage existing
storm water problems of redevelopment projects; (3) manage storm water quantity
through discharge control; (4) manage storm water and stream quality; (5) correct and
fund existing drainage deficiencies through a potential storm water management
financing program.
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Mr. Ford outlined the following transportation goals with respect to the
Community Plan: (1) consider present and future transportation implications when
making land use decisions; (2) make efficient use of taxpayer’s money allocated for
transportation projects; (3) guide the use of the transportation infrastructure system to
control air pollution, traffic, and livability problems; (4) play an influential role in shaping
and implementing regional transportation decisions; (5) provide progressive and
forward-looking solutions and technology to users of the County’s transportation
network; (6) expand and emphasize citizen participation and comments during the early
stages of transportation planning.
Mr. Holladay reviewed the land use guide and outlined the following land
use designations: conservation, rural preserve, rural village, village center,
neighborhood conservation, development, transition, core, and principal industrial. It
was noted that growth and the extension of water and sewer lines should be
discouraged in the rural preserve, rural village, and village center designations.
Conversely, residential growth and water and sewer extensions should be encouraged
in the neighborhood conservation district. Mr. Holladay presented slope maps and
advised that adjustments will be recommended to the land use map based on
examination of the urban services and slopes.
It was the consensus of the Board that this matter should proceed to the
Planning Commission for a public hearing on July 6. Following input at the Planning
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Commission hearing, it will be determined whether additional meetings are needed
before this matter goes to the Board of Supervisors for a public hearing.
2. Work session to conduct training regarding planning and zoning
laws in the Commonwealth of Virginia. (Paul Mahoney, County
Attorney; Mike Chandler, Virginia Tech) Scheduled for 5:30 p.m.
The work session was held from 7:10 p.m. until 9:20 p.m. Mr. Chandler
presented a training session titled “Managing Growth in Roanoke County: The Role of
Comprehensive Planning”.
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 9:20 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Richard C. Flora
Clerk to the Board Chairman