3/28/1995 - Regular
March 28, 1995
191
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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.
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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
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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
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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
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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
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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
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~ March 28 1995
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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
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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
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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
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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
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March 28, 1995
209
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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
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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
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,-
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_
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