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Home My WebLink About3/28/1995 - Regular March 28, 1995 191 - ----. - Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virgi~ia 24018 March 28, 1995 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1995. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. KOhinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Chairman Minnix. The Pledge of Allegiance was recited by all present. · _~ .-i._.-_.-c,,> ....:"'__... ~ -'."..;~-........_.~ :====-==-~__--=_____~______ _ ¥ar~h 2~95 -- _ ;::::::= - IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation Declarinq April. 1995. as Child Abuse Prevention Month. Chairman Minnix presented the proclamation to Betty McCrary, Director of Social Services, and Gary Thompson, Social Services Department. # Supervisor Kohinke moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: NEW BUSINESS ~ Consideration of Claim bv Joseph J. Steffen v. Roanoke County Board of Supervisors in Connection with the Representation of Ms. Katherine Nunn. (Joseph Obenshain. Senior Assistant County Attornev) A-32895-1 County Attorney Paul Mahoney reported that Mr. Steffen represented Ms. Katherine M. Nunn of Roanoke County in connection with her applicatión for disability benefits and S.S.I. benefits. A fee of $2,593.82 for Mr. Steffen was approved by the Social Security Administrative Law Judge which was less than the amount charged and Mr. Steffen was to receive the balance from the claimant. Mr. Steffen is requesting a payment of $824.25 from March 28, 1995 193 the County, but it is the County's position that the Department of Social services and the County have no legal liability in this matter. Supervisor Nickens moved to deny the claim. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Resolution of Support and opposition to Items to be Considered bv the 1995 Veto Session of the General Assemblv (Paul M. Mahonev. County Attornev) R-32895-2 Mr. Mahoney reported that at the March 14 meeting, it was suggested that the Board adopt a resolution advising the Governor and members of the Roanoke Valley legislative delegation on several key legislative issues that may be considered during the April 5 Veto Session. There was considerable discussion about Governor's Allen proposal to reallocate lottery proceeds to local governments. Supervisor Johnson requested that opposition to this legislation be added to the resolution. Supervisors Eddy and Minnix indicated that they did not have enough information on this proposal to take a position. Supervisor Nickens expressed concern about legislation 194 March 28, 1995 - == authorizing the state Gaming Commission to enforce raffle and bingo regulations. Supervisor Johnson moved to adopt the resolution with the addition of: Item E opposing the Governor's return of lottery proceeds to localities, and Item F opposing a state gaming commission enforcing bingo and raffle regulations. Mr. Mahoney was asked to revise the resolution and bring it back to the Board for ratification. Supervisor Eddy moved to amend Supervisor Johnson's motion to eliminate item E regarding the Governor's return of lottery proceeds to localities. The motion was defeated by the following recorded vote: AYES: Supervisor Eddy, NAYS: Supervisors Johnson, Kohinke, Nickens ABSTAIN: Supervisor Minnix Supervisor Johnson's original motion with amendments E and F was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisor Eddy ABSTAIN: Supervisor Minnix After Mr. Mahoney presented the Board with a revised resolution that included Supervisor Johnson's amendment, Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens March 28, 1995 195 - NAYS: Supervisor Eddy ABSTAIN: Supervisor Minnix RESOLUTION 32895-2 OF SUPPORT AND OPPOSITION TO CERTAIN ITEMS TO BE CONSIDERED BY THE 1995 VETO SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Board wishes to express its interest in # matters to be considered at the Veto Session of the 1995 General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative matters are submitted to the 1995 General Assembly for its favorable consideration during the Veto Session. I A. Law Enforcement. The County urges the General Assembly to maintain the restoration of funding for the H.B. 599 Program (State aid to localities with police departments). During its 1995 session, the General Assembly restored $10 Million of HB 599 funding. Failure to preserve this funding will result in a serious loss for Roanoke County. B. Frinqe Benefits for Constitutional Officers. The General Assembly restored funding for constitutional officers' salary fringe benefits (SB 560, which was passed and has been signed by the Governor, increased sheriffs' fees to offset the fringe benefit costs). Preservation of this funding is a top priority for Roanoke County in the 1995 session of the General Assembly. Failure to support this funding will result in a loss ~_:-_._:-_::____--:-_______)\1ª.r~_ILl~_!_?95----:-- ,.- - of $317,241 for Roanoke County. C. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to maintain funding for a $46.5 million statewide technology grant that would bring $667,025 to Roanoke c~nty Schools. D. SB641 - Mobile homes in agricultural districts. - The Board expresses its opposition to this legislation and urges the Governor to veto this legislation and the General Assembly to allow local governments to regulate the placement of mobile homes within their jurisdiction. E. Oppose reallocation of lottery funds. - The Board expresses its opposition to the Governor's proposal to amend HB2542 and SB859 to return lottery profits to localities in exchange for reductions in other local aid programs. Although Roanoke County supports returning lottery proceeds to local governments, this should not be at the expense of other funds currently provided to local governments by the Commonwealth. F. SB1020 Charitable Gaminq Commission. - The Board expresses its opposition to this legislation and urges the Governor to veto this legislation. II That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Governor and members of the General Assembly representing the Roanoke Valley, March 28, 1995 197 to the Clerk's of the House of Delegates and the Senate of the General Assembly for the Commonwealth of Virginia. On motion of Supervisor Johnson to adopt the resolution with amendments, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisor Eddy ABSTAIN: Supervisor Minnix ~ Request for Consideration of proiects from 1995-96 VDOT Revenue sharing Proqram. (Arnold Covey. Director of Enqineerinq , Inspections) ;1 A-32895-3 Mr. Covey reported that the State provides localities the opportunity to receive state matching funds to improve primary and secondary roads in the state. $10,000,000 is provided in the matching program with localities limited to a $500,000 match. Mr. Covey presented a list of 56 projects which represents one million dollars. Staff also added Camney Lane to the list because rural addition funds are low and the residents have contributed $20,000 toward the improvement which will decrease the County's share of matching funds to $480,000. Following discussion, Supervisor Nickens moved approve the $480,000 funding and the list of proj ects. motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None to The 198==-------.:.---------:-:-----::-----:- ~3rçl!~~~__:~_-------:--- IN RE: REQUESTS FOR WORK SESSIONS Supervisor Nickens requested a work session with the Virginia Department of Transportation concerning route alternatives for Route 221 improvements. Mr. Hodge suggested that the work session be held in mid-April. IN RE: i REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA ~ Ordinance to Rezone 3.06 Acres from I-l Conditional and C-l Conditional to C-l to House Administrative Offices and Church Services. located at 5240 Hollins Road, Hollins Maqisterial District. Upon the Petition of Reformation Herald PUblishinq Association. ~ Ordinance to Rezone 0.49 Acre from C-l Conditional to C-l to Construct a Learninq Center, Located at 4903 Colonial Avenue, Cave Sprinq Magisterial District. Upon the Petition of Alliance Properties, Inc. ~ Ordinance to Rezone Approximatelv 1.95 Acres from C-1 and C-2 Conditional to C-2 to Construct a Supermarket and Druq Store. Located at 4919 and 4929 Colonial Avenue. Cave Sprinq Maqisterial District. Upon the Petition of Alliance Properties. Inc. Supervisor Johnson moved to approve the first readings of the ordinances and set the public hearings for April 25, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS March 28, 1995 199 ~ Industrial Development Authoritv Supervisor Kohinke nominated Carole Brackman to serve the four-year ~nexpired term of Wayne Dunman. This term will expire September 26, 1995. IN RE: CONSENT AGENDA # R-32895-4, R-32895-4.a. R-32895-4.b, R-32895-4.c Supervisor Kohinke moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 32895-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 March 28, 1995, designated as Item L- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Resolution Authorizing the Transfer of Funds from the Inmate Medical Co-payment Program to the Jail Medical Account. 2. Request for Acceptance of Forest Acre Trail Into the Virginia Department of Transportation Secondary System. 3. Request for Acceptance of Periwinkle Lane Into the -,,_.--~----~-----_..- ~ March 28 1995 ----==-----=-::-_:=-_.:::=::==::::=----_.==~:=--=:::=::::=-.:.::=:-::~.=:::======--=--===.-::.:::::=--====--==-==-====----=----=---.::::: Virginia Department of Transportation Secondary System. 4. Donation of Waterline Sanitary Sewer Easement from Lewis-Gale Building of Supervisors. Easement and a 15-foot on a 1.927 Acre Parcel Corporation to the Board 5. Appropriation of Litter Control Grant to Clean Valley Council. 6. Acceptance of Water and sanilary Sewer Facilities Serving Kings Chase, section 2. 7. Request from Appropriations follows: the School Board requesting to the School Grant Fund as a. $800 from the Virginia Arts for Multicultural Plunky Branch. Commission for the Performance by J. b. $1,500 From the Virginia Commission of the Arts for Performances by Virginia Opera. c. $4,858 in the Artists-in-Education Residency Program. 8. Approval of a Raffle Permit from North Cross School 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 32895-4.a AUTHORIZING THE TRANSFER OF FUNDS FROM THE INMATE MEDICAL CO-PAYMENT PROGRAM TO THE JAIL MEDICAL CO-ACCOUNT March 28, 1995 201 WHEREAS, the Sheriff's Office has experienced a substantial increase in medical costs for jail inmates, and WHEREAS, they have established an Inmate Medical Co- payment Program to collect a portion of these costs from the inmate based on his or her ability to pay, and WHEREAS, it is estimated that thejProgram will collect approximately $3,000 in fees on an annual basis, and WHEREAS, these fees should be appropriated to the Jail Medical Account to help offset the medical costs for jail inmates. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia authorizes that the medical fees collected from jail inmates be appropriated periodically, but not less than annually, to the Jail Medical Account and that this transfer be reflected in the Comprehensive Annual Financial Report. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 32895-4.b REQUESTING ACCEPTANCE OF FOREST ACRE TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit --282 __Mæ:çh__~_1995 _ Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Required Yeas: Supervisors Johnson. Kohinke. Eddv. Nickens. Minnix Nays: None RESOLUTION 32895-4. c REQUESTING ACCEPTANCE OF PERIWINKLE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached March 28, 1995 _ 203 Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the- Subdivision ¡I Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Required Yeas: Supervisors Johnson. Kohinke. Eddy. Nickens. Minnix Nays: None ._~.--,._._- 2Ü=----- _ :__}"f:uch ~~~- _- :__ IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS supervisor Eddv: (1) He announced that there would be a community meeting on the visioning process on Saturday, April 1 at Cave Spring High School. (3) He received a copy of the citizen survey which shows that most citizens are satisfied with Roanoke County. (3) He advised that he re~uested a quick land use study on Route 221, either by staff or, if they are too busy, by a consultant. Mr. Hodge advised that a study could be conducted after the visioning process is complete. (3) He wrote a memo regarding the complaint from a resident that the base utility charges were too high even if water and sewer were not used. Mr. Hodge responded that the staff has discussed this, and met with Wheat First Securities who are looking at the rate structure to see if the base rates could be reduced. (4) He has received a complaint about the trash on the road from Vinton to Roanoke City from a Vinton resident who saw the meeting on television. He recommended that issues should be explained more fully now that meetings are filmed. (5) He noted an article in the newspaper about a bank robber who was apprehended in Roanoke City through the efforts of a Roanoke County volunteer firefighter, Christopher DeMars. Supervisor Nickens: He asked for publicity on the government access channel and other methods on the importance of making sure that the street numbers can be seen by emergency vehicles. March 28, 1995 205 IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General Fund Unappropriated Balance ~ Capital Fund unappropriated Balance ~ Board Continqency Fund I .L. Proclamations Siqned by the Chairman h Bond Pro;ect status Report IN RE: RECESS Chairman Minnix declared a five minute recess at 3:55 p.m. IN RE: WORK SESSION AT 4:05 ~ BUdqet Work Session Presented at this work session were the proposed maintenance work programs at a total cost of $1,335,520 which is not funded, the unprioritized Capital Improvement Program which is also not funded except for the utility projects, and proposed contributions to social service, human service and cultural agencies. Supervisor Eddy asked for copies of letters from organizations requesting contributions. Supervisor Eddy suggested dropping out of Virginia Municipal League. and Minnix did not agree. supervisors Johnson ----------~----------=-~----~ ---- --...... ~ - -. - -- .- 2~-----~-:---"--===:-¥a.r:£!l-2.S~~..i.-----:-- _ --.--- -- - - Supervisors Nickens and Eddy asked for a work session with the Fire and Rescue Ad Hoc Committee. Mr. Hodge will try and set this up in April. Supervisor Johnson asked for a work session on health care. Mr. Hodge advised that he will present the prioritized Capital Improvement Program at a later work ~ession. IN RE: EVENING SESSION Carr Kinder, attorney for Item 4 under Second Reading of Ordinances, asked that this request be continued until April 25, 1995. Supervisor Eddy moved to continue Item 4 until April 25, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None Chairman Minnix introduced the members of Boy Scout Troop 236 and their scout masters. IN RE: PUBLIC HEARINGS ~ Public Hearinq and Adoption of Resolution on the Issuance of General Obliqation School Bonds in the Estimated Amount of $10.100.000 to Finance certain Capital proiects for School Purposes. (Diane Hyatt. Director of Finance) R-32895-5 -March 28, 1995 207- Ms. Hyatt reported that the items to be included in the $10.1 million VPSA bonds include architectural and engineering studies for Fort Lewis Elementary and new Cave Spring High Schools, major renovations to other schools, a Northside gym/auditorium and a south County stadium renovation. The closing procedures for the bond require a pu¡lic hearing, and the actual closing is scheduled for April 26. The following citizens spoke in support of funding for the architectural and engineering study for a new Cave Spring High School: 1. Betty B. Hosp, 4551 Fontaine Drive 2. Mike Morris, 4225 Arlington Hills Drive 3. Terri Landford, 5940 Merriman Road 4. Jim McAden, 5771 Grandin Road Extension 5. Melissa Doll, 2701 Hillbrook Drive Supervisor Eddy expressed concern about spending $1.5 million for the architectural and engineering study, and advised that he felt that all options should be studied including the possibility of two smaller high schools. Supervisor Nickens also expressed concern about the costs and the possibility of two stadiums in southwest County. Supervisor Minnix moved to adopt the resolution. The vote was as follows: AYES: NAYS: Supervisors Kohinke, Minnix Supervisor Eddy ~ M~rch ª 1995 ----:---~-..:7--·---.._:_-·-----~--~_:__:_---~._ ~-_ =--:---=-.:-,~---:.-- - - PASS: Supervisors Johnson, Kohinke Supervisor Nickens asked county Attorney Paul Mahoney whether the resolution was adopted based on the above vote. Mr. Mahoney responded that since the majority present voted affirmatively, the resolution was adopted. Supervisor Nickens asked for another vote advising that he wou~d vote affirmatively if the architects would study alternatives for a high school, if the Northside gymnasium is scrutinized and if there are no plans for two stadiums in southwest County. The resolution was adopted by the following vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy RESOLUTION 32895-5 AUTHORIZING THE ISSUANCE OF $10,100,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $10,100,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended (the "Virginia Code") on March 28, 1995 on the issuance of school bonds in the amount of $10,100,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF - --------------------------------., March 28, 1995 209 - SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $10,100,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is de~ermined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") for the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1995A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning January 15, 1996, (or such other date as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the annual interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of 2~-:-=----:-_·_---~~1.Ç~:-~~1~22__.__-----------:--- principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than approximately 20 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and princj.pal Installments as having been so accepted as authorized by this Resolution. S. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty 20 days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment: Payinq Aqent and Bond Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11: 00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemt>tion. The Principal Installments of the Bonds held by the VPSA coming due on or before July lS, 200S, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July lS, 200S, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July lS, 2005, and the March 28, 1995 2U definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2005, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2005, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates I Prices July 15, 2005 to July 14, 2006, inclusive............. July 15, 2006 to July 14, 2007, inclusive............. July 15, 2007 to July 14, 2008, inclusive............. July 15, 2008 and thereafter.......................... 103% 102 101 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds. Chairman and the Clerk or any Deputy authorized and directed to execute and affix the seal of the County thereto. 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. The Chairman or Vice Clerk of the Board are deliver the Bonds and to 212=- Marc4 _2~.J~'.5. - 10. Use of Proceeds certificate: Non-Arbitrage certificate. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code") , and applicable regulations relating to the exclusion from gross income of interest on ihe Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage certificate and such Use of Proceeds Certificate and the county shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. state Non-Arbitraqe Proqram: Proceeds Aqreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the state Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Filinq of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. March 28, 1995 213 - The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 28, 1995, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. On motion of Supervisor Minnix to Jdopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ~ Public Hearinq to Elicit Comment on the Followinq: (Brent Robertson. BUdqet Manaqer) ~ To set the real estate tax rate of not more than $1.13 per $100 assessed valuation. 1. David S. Courey, 3419 Ashmeade Drive suggested that the real estate tax rate be reduced slightly each year until it is decreased to $1.05. 2. W. L. Rossie, 3023 Tamarack Trail also suggested that the real estate tax rate be reduced and offset by user fees. 3. D. C. Minor, 3577 Cedar Lane, expressed concern about the real estate tax rate. ~ To set the personal property tax rate of not more than $3.50 per $100 assessed valuation and to set the machinery and tools tax rate of not more than $3.00 per $100 assessed valuation. ---2U -~.... ..----.- _~M9!ch _?8J...} 995 _ t= No citizens spoke on this issue. ~ Public Hearinq on the "Effective" Real Estate Tax Increase as a result of increased assessed value of real estate. (Brent Robertson. Budqet Manaqer) No citizens spoke on this issue. IN RE: , PUBLIC HEARING AND FIRST READING OF ORDINANCES ~ Ordinance Amendinq the 1994-95 Budqet for the Purpose of Appropriatinq Funds for the Clean-up of Dixie Caverns. (Paul Mahonev, County Attornev) There were no citizens to speak on this ordinance. Mr. Mahoney explained that the Board chose to delay appropriation of funds for the cleanup until the 1993-94 audit was complete. An appropriation of $2,250,000 is now necessary to cover the removal and remedial action. Because of the large dollar amount included in the appropriation, it is necessary to hold a public hearing. Second reading is scheduled for April 11, 1995. Supervisor Johnson moved to approve the first reading and set the second reading for April 11, 1995. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ An Ordinance to Rezone Two Parcels of Land March 28, 1995 215 Totalinq 7.93 Acres from EP to AG-3, Located at 2331 and 2393 Hammond Drive. vinton Maqisterial District. Upon the Petition of the Virqinia Recreational Facilities Authority. (Terry Harrinqton. Director of Planninq , Zoninq) 0-32895-6 i Mr. Harrington explained that the property was originally purchased in the 1980's for the creation of Explore Park. The Authority has now decided that a few parcels could be sold without jeopardizing the project. The parcels were previously zoned A-1. In 1992, under the new zoning ordinance, the parcels were zoned AG-3, and in June 1993 the parcels were rezoned to Explore Park (EP) district. They are now requesting that the property be rezoned back to AG-3 to permit the sale of the property. The Planning commission recommended approval. Wayne Campbell, 6635 Corntassel Lane, spoke and reported that Explore Park owed payments to contractors and subcontractors and asked if there was any way to require that proceeds from the sale go towards making the payments. Supervisor Nickens reported that Mr. Campbell should take his complaint to the Virginia Recreational Facilities Authority of which he was a member. He assured him that the funds from the sale would be used to pay debts. Supervisor Nickens asked the Board to approve the rezoning for the first parcel (2 acres) and delay action to April _.__.._--~ 2 ~______________~=-~__~:::-~~~~~!:l?!~___ - ----~- - 25 for the second parcel because there may be additional restrictions on that parcel. Supervisor Nickens moved to adopt the ordinance rezoning only parcel 1 (2.0 acres), with parcel 2 continued until April 25, 1995. The motion carried by the following recorded vote: AYES: # Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32895-6 TO CHANGE THE ZONING CLASSIFICATION TWO PARCELS OF LAND TOTALING 7.93 ACRES LOCATED AT 2331 AND 2393 HAMMOND DRIVE (TAX MAP NO. 71.00-1-6 AND 71.00-1-8) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF EP TO THE ZONING CLASSIFICATION OF AG-3 UPON THE APPLICATION OF VA RECREATIONAL FACILITIES AUTHORITY WHEREAS, the first reading of this ordinance was held on February 28, 1995, and the second reading and public hearing were held March 28, 1995; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on March 7, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of two parcels of land totaling 7.93 acres, as described herein, and located at 2331 and 2393 Hammond Drive, (Tax Map Number 71.00-1-6 and 71.00- March 28, 1995 217 - 1-8) in the vinton Magisterial District, is hereby changed from the zoning classification of EP, Explore Park District, to the zoning classification of AG-3, Agricultural/Rural Preserve District. 2. That this action is taken upon the application of VA Recreational Facilities Authority. i 3. That said real estate is more fully described as follows: Parcell - A 2.00-acre parcel of real estate located on the west side of Virginia Secondary Route 1029 designated Tax Map No. 71.00-1-8. Parcel 2 Beginning at a point in the center of the outlet road leading to Va. Cec. Rte. 1029, being the aoutheaaterly corner of John T. £chaaff property and being tho northeaaterly point of the property hereby deacribed; thence "lith center of the outlet road along the line of Alvin B. HaHl1ftond property C. 0 dog. 15' 57" E. 307.57 feet to a planted atone; thence £. 13 deg. 00' W. 25 feet, more or leaa, to a point; thence riith a ney line through Harvey J. £chaaff and Lola C. £chaaff property and along the center of an outlet road £. 56 deg. 17' W. 188.03 feet, more or leaa, to a point; thence atill ,,;ith the center of the aaid outlet road £. 47 deg. 00' 40" W. 295.96 feet to a point on the eaaterly line of the Uary Belle £chaaff property; thence \:i th the aaid line of her property N. 38 deg. 13' 20" W. 558.74 feet to an iron by a corner poat corner to Alvin B. Hammond property; thence ,,;i th the line of the Alvin B. Hammond property N. 7 deg. 53' 15" W. 36.22 feet to a point in the center of an outlet road; thence along the center of the outlet road and ,,;ith the line of the John T. Cchaaff property the five following couraea and diatancea: £. 81 deg. 50' 40" E. 145.39 feet to a point; thence N. 80 deg. 44' 40" E. 99.74 feet to a point; thence N. 52 deg. 21' 10" E. 129.97 feet to a point; thence N. 64 deg. 17' 10" E. 130.99 feet to a point; thence N. 88 deg. 34' E. 282.04 feet to the Place of Beginning, and containing 5.93 acrea and being aa ahmm on a map made by T. P. Parker & £on, Engineera and £urveyora, dated 14 December 1978 of record in Deed Boo)c 1117, page 289 in the Roano)ce 21S=---='::-"::=:::="--==':'-===--=====~!!!!!_~_~~.1.J2~i_._==--===--=---_........=.-=-====--=---==== - Count}" circuit Court Clcr]t'o Office ûnd dCDignûtcd aa Tûx Hûp No. 71.00 1 6. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning " . . Administrator is directed to amend the zonJ.ng dJ.strJ.ct map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance to rezone onlY Parcell (2.0 acres) with Parcel 2 being continued until April 25, 1995, and carried by the following recorded vote: AYES: Supervisors Jòhnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance to Rezone 22.21 Acres from I-2 to AR to Allow Sinqle FamilY Dwellinqs, Located at 3862 Buck Mountain Road. Cave Sprinq Maqisterial District. Upon the Petition of Buck Mountain Land, LLC. (Terry Harrinqton, Director of Planninq , Zoning) 0-32895-7 Mr. Harrington reported that the petitioner is requesting to convert the acreage to residential because the majority of the site has never been developed as industrial. The 1.88 tract is to remain Industrial and houses facilities used by March 28, 1995 219 the now defunct Virginia Asphalt Company. Over $200,000 in industrial improvements have been made to this portion of the property. The Planning Commission recommended approval. There were no citizens present to speak on this ordinance. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded votp: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32895-7 TO CHANGE THE ZONING CLASSIFICATION OF A 22.21-ACRE TRACT OF REAL ESTATE LOCATED AT 3862 BUCK MOUNTAIN ROAD (TAX MAP NO. 98.01-2-25, 98.01-2-26, 98.01-2- 27, 98.01-2-28) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-2 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION OF BUCK MOUNTAIN LAND, LLC WHEREAS, the first reading of this ordinance was held on February 28, 1995, and the second reading and public hearing were held March 28, 1995; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on March 7, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke , County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22.21 acres, as described herein, and located at 3862 Buck Mountain Road, (Tax Map Number 98.01-1-25, 2 28=---==--===--==-=========:::::~!l"'::~~~=7':::::====::-==-':-=--=-------- - - 98.01-2-26, 98.01-2-27, 98.01-2-28) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of I-2, Industrial District, to the zoning classification of AR, Agriculture/Residential District. 2. That this action is taken upon the application of Buck Mountain Land, LLC. i 3. That said real estate is more fully described as follows: BEGINNING at point 1 which lies on the southerly right of way line of Buck Mountain Road (Va. Secondary Rte. 679) and which point constitutes the northwesterly corner of land conveyed to John C. and Virgie Donahue (DB 552, page 179) shown as Tax Map No. 88.03-2-57, and the northeasterly corner of Parcel 2 (Tax Map No. 98.01-2-27) described in deed from Thomas H. Beasley, Jr. to Virginia Asphalt Paving Company of record in Deed Book 1145, at page 312; thence leaving Buck Mountain Road, the following courses and distances: S. 45 deg. 18' 34" E. 207.57 feet to point 2; thence N. 62 deg. 06' 40" E. 154.55 feet to point 3; thence N. 59 deg. 54' 20" E. 70.99 feet to point 4; thence N. 72 deg. 39' 40" E. 84.55 feet to point 5; thence S. 32 deg. 16' 38" E. 687.20 feet to point 6; thence N. 71 deg. 13' 28" E. 371.20 feet to point 7; thence N. 73 deg. 20' 44" E. 478.39 feet to point 8; thence S. 16 deg. 39' 16" E. 155.51 feet to point 9; thence S. 32 deg. 22' 06" W. 558.93 feet to point 10; thence S. 72 deg. 52' 24" W. 109.70 feet to point 11; thence N. 71 deg. 09' 36" W. 173.00 feet to point 12; thence N. 84 deg. 18' 36" W. 45.40 feet to point 13; thence S. 68 deg. 45' 20" W. 171.30 feet to point 14; thence N. 43 deg. 35' 34" W. 159.20 feet to point 15; thence S. 67 deg. 47' 03" W. 632.26 feet to point 16; thence N. 22 deg. 12' 57" W. 804.54 feet to point 17; thence N. 68 deg. 30' 19" E. 50.00 feet to point 18; thence N. 22 deg. 12' 58" W. 299.99 feet to point 19 on the southerly right of way line of Buck Mountain Road; thence with the southerly right of way line of Buck Mountain Road N. 68 deg. 30' 19" E. 205.51 feet to point 1, the Place of Beginning, the aforesaid perimeter boundary containing 24.090 acres, more or less. March 28, 1995 221 Less and Except the following described 1.88 acre parcel with point references being to the hereinafter described plat: starting at point 2; thence S. 40 deg. 20' 49" E. 236.02 feet to point A, the Actual Place of Beginning; thence S. 64 deg. 14' 01" E. 110.00 feet to point B; thence S. 44 deg. 56' 31" E. 161.18 feet to point c; thence S. 48 deg. 46' 25" W. 235.00 feet to point D; thence S. 62 deg. 38' 50" W. 103.68 feet to point E; thence N. 39 deg. 49' 53" W. 237.30 feet to point F; thence N. 48 deg. 46' 25" E. 276.44 feet to point A; the Actual Place of Beg~ning and containing 22.21 acres, more or less, as shown on a plat of survey labeled "Exhibit B" entitled Plat of Cunningham Properties, Inc. showing Property to be Rezoned to AR . ." prepared by Lumsden and Associates, P. C., dated January 16, 1995. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance to Rezone 1.864 Acres from C-2 Conditional to C-2 to Allow General Retail Sales. Located at 1806 and 1812 Thompson Memorial Drive. Catawba Maqisterial District, Upon the Petition of Everett J. Miles. Sr. (Terry Harrinqton. Director of Planninq , Zoninq) -'- 222 _.MarrlL~129.ã_ __ .-..- --- -- - 0-32895-8 Mr. Harrington reported that the petitioner is requesting removal of the conditions to allow general retail sales. Retail sales and service activities are consistent with the land use designation of the Comprehensive Plan. The Planning commission recommended approval. There wer, no citizens present to speak on this ordinance. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32895-8 AMENDING PROFFERED CONDITIONS ON THE REZONING OF A 1.864-ACRE TRACT OF REAL ESTATE (TAX MAP NO. 36.01-2-3) LOCATED AT 1806 AND 1812 THOMPSON MEMORIAL DRIVE IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDI- TIONAL, TO THE ZONING CLASSIFICATION OF ~ e.-;:¡ (REMOVAL OF PROFFERED CONDITIONS) UPON THE APPLICATION OF EVERETT J. MILES, SR. WHEREAS, this property was rezoned to B-3 with proffered conditions in 1988; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 7, 1995; and WHEREAS, the first reading of this ordinance was held on February 28, 1995; and the second reading and public hearing were held on March 28, 1995; and WHEREAS, legal notice and advertisement has been provided as required by law. March 28, 1995 223 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.864 acres (TAX MAP NO. 36.01-2-3) and located at 1806 and 1812 Thompson Memorial Drive in the Catawba Magisterial District is hereby changedj from the zoning classification of C-2, General Commercial District, with proffered conditions, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Everette J. Miles, Sr. 3. That the owners voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in 1988, which the Board of Supervisors hereby removes as follows: 1) Doe of the propcrty ",ill be limited to uoed automobile oaleo. No outoide overnight parJcing junk vehicleo. No on premioeo automobile conducted. 4) Exioting entrance \leot of Hanging Rock UarJcet (facing VA 311) ohall provide only meano of acceoo to thio buoineoo. 2) of inoperati ~.·e or 3) repairo ohall be 5) Maximum oignage oize to be 4' x 8'. no portable 2 24====~--':-"-:-'::-:::-----::------ _!tf R F£h.~ 1 995 ----;--------------- _______ oigno permitted. 6) No more than 20 vehicleo on oite. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repeaJed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance to Rezone 4.068 Acres from R-l to R-3 to Allow Sinqle Familv Attached and Detached Dwellinqs. Located at 4824 Windsor Hills Maqisterial Cave spring Lane, District, Upon the Petition of Jeffrey and Laura Maronic. (Terry Harrinqton. Director of Planninq , Zoninq) This item was continued until April 25, 1995 at the request of the petitioner and unanimous recorded vote of the board members. AYES: NAYS: Supervisor Johnson, Kohinke, Eddy, Nickens, Minnix None h Ordinance Amendinq and Reenactinq section 22 of the Roanoke County Code to Provide for Monthly --.." March 28, 1995 225 Billinq of Water and Sewer Service in the County of Roanoke and to Provide for Conditions Upon the Placement of Liens on Residential Rental Real Estate. Finance) (Paul Grice, Assistant Director of 0-32895-9 # Mr. Grice reported that if the ordinance is adopted, residential utility customers will receive monthly utility bills with one-third receiving an actual bill and two-thirds an estimated bill each month. Mr. Grice explained that penalties will be applied to estimated and actual bills but cutoffs will only be done after the actual meter readings. The delinquent customer would be subject to cutoff within 15 days of the bill that includes the penalty on the actual reading. Included with the Board Report was an illustration of an actual monthly billing. Supervisor Eddy advised that he had submitted suggested changes to the ordinance, but had received no response from the staff. He also suggested that the penalty amount be more consistent with other utilities. There were no citizens present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Nickens, Minnix Supervisor Eddy ._--,- 22~ - __-YardllS, 19~__ __ ~ _._ __C~_. ~ ___ ORDINANCE 32895-9 AMENDING AND REENACTING SECTION 22-82, "RATES AND FEES", SECTION 22- 83, "INSPECTION AND READING OF METERS; BILLS; REFUNDS", SECTION 22-86.1, "UNPAID BILLS", AND SECTION 2 2 -8 6.2, "LIEN FOR WATER AND SEWER CHARGES", OF CHAPTER 22 "WATER", ARTICLE II. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR MONTHLY BILLING OF WATER AND SEWER SERVICE IN THE COUNTY OF ROANOKE AND TO PROVIDE FOR CONDITIONS? UPON THE PLACEMENT OF LIENS ON RESIDENTIAL RENTAL REAL ESTATE. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that, in order to better serve utility customers in the County, it is in the best interests of the public to provide for monthly billing of water and sewer services; and, WHEREAS, the 1994 Session of the General Assembly has adopted an amendment to §15.1-295, providing for water and sewer liens on real estate, which necessitates a corresponding amendment to Roanoke County Code §22-86.2; and, WHEREAS, the provisions of this ordinance are adopted pursuant to the authority found in §§ 32.1-167, et ~, and Chapter 9, Title 15.1 of the Code of Virginia (1950, as amended). WHEREAS, legal notice of these amendments has been published in a newspaper of general circulation wi thin Roanoke County on March 14, 1995, and March 21, 1995; and, WHEREAS, the first reading of this ordinance was held on March 14, 1995, and the second reading and public hearing on this ordinance was held on March 28, 1995. March 28, 1995 227 BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Division 2. County Water System of Article II. Water Systems, Chapter 22 WATER, of the Roanoke County Code is hereby amended and reenacted as follows: * * * * , Sec. 22-82. Rates and fees. * * * (c) Security Deposits. * * * (2) If any utility customer at any time fails or has failed to keep his account current, resulting in disconnection or discontinuance of service, that customer shall pay an additional deposit as security for future bill payments. This deposit shall be required in addition to full payment of the outstanding utility service bill, including late payment penalties and any applicable charges imposed pursuant to section 22-82(7), and shall be paid prior to reconnect ion of service at the same location or initiation of service at any other location in the County of Roanoke. a. Residential. The security deposit for a residential customer of water, water and sewer, and sewer only services, shall be in an amount_HHH~q:tJ:~_~H_H_H1:.~HH the customer's last f~~r~~~~~s~p§~fllir~'ff'M($~~~~\~gª, rounded to * * * (3) If any utility customer fails or has failed keep his account current, resulting in subsequent disconnection or discontinuance service at any time, that customer shall additional security deposits, as required subsection (c) (2) above, as follows: a. Residential. In the event that non-payment results in a second disconnection or discontinuance of service, a residential utility customer shall pay an additional security deposit in an amount equal to the customer's last quarterly !ñË~~::jj:jjI1U¡§j}E~§~M to a of pay in ·- . ... ____ ... .._...__._____......._. '-__ A'.'~",,-~ -4'~'¿ __'..' ~ -- ~.. :-~,- '-~ .~..--"~.-.~ .-.-.',~..,."".-.~.,.._- '''.- -...~..~'-'I' ~.-_~. . 2 2 8==-----=---==-----=--:::------===-~~~-~~.1.122.-?::=======---=====--=-===--::. ,- billing'ª-, rounded to the nearest One Dollar ($1.00)7 Thereafter, no further deposits shall be required, except to the extent necessary to maintain or restore the deposit balance as hereinafter provided in subsection (c)(4). * * * * Sec. 22-83. Inspection and reading of metersJ bills; refunds. ~§~ ,The director shall cause all utility service meters to be lnspected and read at least once every three (3) months for residential customers and at least once every month for commercial customers. The director shall have the authority to estimate usage if he determines that a meter reading Wš.Mñõ¥WaØ: t b bt' d ær:·:-:·:·:::ß-:·:·:-:·:·:·:·:·:·:E:·':·:æ:æ-f!T·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·S·:·:·:·:·:·:·:·:·:·:·:.:.:.:.:.:.:.:.:.:.:.:.:.:)5(:.:.:£:j)"'":.:.:.:.$.:.:.:.:·:·:·:·:·:·ß:t.:I:i{::::li::::~::::Jt:::~E ~§w utility service bills shall be paid at the utility billing offíce or at such other places designated by the director. All deposits or advance payments for water, refunds to deposi tors of advance payments, or other refunds on account of errors shall be made at the utility billing office. Billa ahall be due and payable no later than the laDt day of the month during "hich the bill io mailed. (Code 1971, § 20.1-28) * * * * Sec. 22-86.1 Unpaid bills. j@B Any utility services bill which has not been paid by the duå········"date of the bill, resulting in a past due balance, shall be subject to a late payment penalty of ten percent (10%) of the amount of the bill, but in any event not leaD than Five DollarD ($5.00). The late paym~E~.~ penal ty sÞ.~:.!:±.:._.:.:.è.~..:....:.~:~:!,~.=.g:.:.:.:.:~:?.:.:.:.:<~.~.~ past due balan 1 t th ......... th ~ f:~:·_..·..t":·:'·:·:r[·~t"y·:·:·:·:1:f:..~·······:,...... åi. of the mO:::h n;ol~o~fng ~~e ~ate e that s~1:.!!k~ March 28, 1995 229 - - pena 1 tY*ø.:~, the di SCOi1n-e-¿Eron·············I"åå·;'·············thE~······,······r!onnection fee, the deposit=Tlf applicable), and any other charges or fees shall be made prior to service being restored to the premises or initiated at any other location in the county of Roanoke. (Code 1971, § 20.1-31) Sec. 22-86.2 Lien for Water and Sewer Charges. Taxes or charges hereafter made, imposed or incurred for water or sewers or use thereof in the County of Roanoke, Virginia, shall be a lien on * * * * 2. That the provisions of this Ordinance shall become effective on and from July 1, 1995. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: PUBLIC HEARINGS DEFERRED BY THE PLANNING COMMISSION ~ An Ordinance Authorizinq a Special Use Permit to Construct a Reqional Stormwater Manaqement Basin :::.-====-~ - ____,______~~_~___,~_____~___.~_~~_~.____a___...._..._..______________,~____.,_ March 78 199~ ________.________________.__1_______.____.___ 10----- - (utilitv services. Ma;or) 400 Feet Northwest of the Intersection of Ambassador Dri ve and Envoy Drive. Catawba Maqisterial District, Upon the Petition of the city of Roanoke. ~ An Ordinance Authorizing a Special Use Permit to Construct a Regional Stormwater Manaqement Basin (utility services. Ma;or) 300 Feet Southeast of the Terminus of Candleliqht Circle. Catawba Maqisterial District. Upon the Petition of the city of Roanoke. I IN RE: CITIZEN COMMENTS AND COMMUNICATIONS ~ Bruce Frykman. 2629 Bobwhite Drive. spoke concerninq the noise from the suction pumps and blower motors on top of corrugated container Corporation's roof. He presented a petition from other Penn Forest residents complaininq about the noise. Mr. Hodge advised that Mr. Timothy W. Gubala, Director of Economic Development, has been working with Corrugated Container on the problem. Mr. Hodge will set up a meeting with the residents and report back at the April 11, 1995 meeting. ~ Several contractors and subcontractors complained about not beinq paid for work they did at the Explore Park and asked where to qet help with the problem. Supervisor Nickens recommended that the citizens meet with the members of the Virginia Recreational Facilities March 28, 1995 231 - Authority. IN RE: ADJOURNMENT At 9:24 p.m., Chairman Minnix adjourned the meeting to March 29, 1995, at 12:00 Noon at the vinton War Memorial for a joint meeting with the vinton Town Council. Submitted by, APP~07d by, ? ( , ~~ H. Odell "Fuzzy" Minnix, ~ Chairman 77l~~Q./~~~ Mary H. Allen, CMC Clerk to the Board :=~.._---::----~ 2 M3xch 2~ 19~5_ . - _0" .._.._ ;==: -= I This paqe left intentionallY blank