3/9/1993 - Regular
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March 9, 1993
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, s.w.
Roanoke, Virginia 24018
March 9, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of March, 1993.
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IN
RE: CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Michael
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Nevling, Colonial Presbyterian Church. The Pledge of Allegiance
was recited by all present.
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March 9, 1993
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Minnix added two items to Executive Session:
Section 2.1-344 (5) Expansion of an existing business or industry
and (3) Acquisition of property for public library purposes.
Supervisor Nickens added to Executive Session: (1)
Personnel matter.
IN RE:
PROCLAMATIONS, RESOLUTION~, RECOGNITIONS, AND AWARDS
~ Resolution of ADDreciation UDon the Retirement of
Ola M. Mvers, DeDartment of Social Services.
R-3993-1
Ms. Myers was present to accept the resolution, a savings
bond and a plaque recognizing over 25 years of service from
Chairman Minnix.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the fallowing recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 3993-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO OLA M. MYERS
FOR OVER 28 YEARS OF SERVICE TO ROANOKE COUNTY
WHEREAS, Ola M. Myers was first employed in November, 1964,
as à Clerk-Stenographer B in the Department of Social Services;
and was promoted to Clerk III in 1974 in the Department of Social
Services; and
WHEREAS, during her emploYment, Ola M. Myers served as a
unit secretary to the Child Welfare staff, providing many years
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March 9, 1993
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of loyal and dedicated service, taking particular interest in the
well-being of the children who came into care; and
WHEREAS, in the first month of retirement, Ola M. Myers has
put forth 50 hours of' volunteer service in the Department of
Social Services.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to OLA M.
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MYERS for over 28 years of capable, loyal and dedicated service
to Roanoke County.
FURTHER, the Board of Supervisors does express its best
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wishes for a happy, restful and productive retirement.
On motion of Supervisor Nickens to adopt the resolution, and
carr.ied by the following recorded vote:
AYES:
Supervisors Johnson, Kohi~ke, Eddy, Nickens, Minnix
NAYS:
None
h Proclamation Declarinq ADril 3, 1993 as Clean Valley
Day and Presentation from Clean Valley Council (Ellen
Aiken, Executive Director)
A slide presentation was made by Ellen Aiken, Executive
Director of the Clean Valley Council and Allen RObinson, a
Roanoke County appointee to the Council. They also accepted the
proclamation from Chairman Minnix.
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Supervisor Kohinke moved to adopt the proclamation.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
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March 9, 1993
NAYS:
None
IN RE:
NEW BUSINESS
Request for ADDroval of Enforcement Procedures for the
Private Sector SSE/R Proqram (Clifford Craiq, utility
Director).
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Mr. Craig reported that the existing sewer ordinance
provides for violations to be punishable by a fine of $1,000 per
violation per day and/or confinement in jail for not more than 12
months. He explained that staff is proposing modifications to
the ordinance that addresses infiltration or inflow from
buildings or building sewers but would provide lesser
punishments. The enforcement measures would depend on the
amount of inflow by the property owner. The property owner would
be given six months to correct the problem, and after six months
various penalties would be attached if the problem was not
corrected. Mr. Craig also recommended an Appeals Process either
to the County Admin~strator and Board of Supervisors or a Hearing
Panel which could then be appealed to the Board.
Supervisor Eddy expressed concern about the strictness of
the penalties and the fact that the penalties would apply only to
those areas where the SSE/R program is being conducted. He
advised he had sent· a memo to Board members with some
recommendations. Mr. Hodge suggested that a draft ordinance and
Mr. Eddy's suggestions be brought back to the work session.
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Màrch 9, 1993
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Supervisor Nickens moved to approve the staff recommendation
with the appeal process as follows: (1) Hearing Panel; (2) County
Administrator; (3) Board of Supervisors, and that a draft
ordinance be brought back to a work session. The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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AdoDtion of a Resolution Authorizinq the Relocation of
the Offices of the Commissioner of the Revenue and the
Treasurer to New Office Facilities. (Paul Mahoney,
County Attorney)
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Mr. Mahoney advised that this action is required by the
State Code.
The effective date will be on or about August 27,
1993.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 3993-3 AUTHORIZING THE RELOCATION OF THE
OFFICES OF THE COMMISSIONER OF THE REVENUE AND THE
TREASURER TO NEW OFFICE FACILITIES
WHEREAS, Section 58.1-3101 of the Code of Virginia, 1950, as
amended, provides that each county commissioner of the revenue
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shall keep an office at the county seat of his county or at such
other point in the county as the governing body of the county
deems to be more convenient to the majority of the citizens; and
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March 9, 1993
WHEREAS, Section 58.1-3124 of the Code of Virginia, 1950, as
amended, provides that the office of the county treasurer shall
be maintained at the county seat or at such other point in the
county as the governing body of the county deems to be more
convenient to a majority of its citizens; and
WHEREAS, the Board of Supervisors of Roanoke County,
virginia, by the adoption of Ordinance No. 121592-13 has
authorized the acquisition of certain real estate and
improvements thereon located at 5204 Bernard Avenue, Roanoke
County, Virginia, for new office facilities for County government
operations.
NOW, THEREFORE, be it resolved by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the office of the Conmissioner of the Revenue is
hereby removed and relocated to 5204 Bernard Drive, Roanoke
County, Virginia. The Board finds that this location is more
convenient to a majority of the citizens of the County.
2. That the office of the Treasurer of Roanoke County is
hereby removed and relocated to 5204 Bernard Drive, Roanoke
County, Virginia. The Board finds that this location is more
convenient to a majority of the citizens of the County.
3. This resolution shall take effect on or about August
27, 1993.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
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NAYS:
None
~ Request for Authorization to Submit to the State
Commi ttee Refinancinq of Current County Debt. (Diane
Hvatt, Director of Finance)
R-3993-4
Ms. Hyatt reported that the staff and financial advisors
have been monitoring the decline in interest rates to determine
whether money can be saved by refunding current bond issues, and
they now feel this action would be beneficial to the County. The
resolution would allow staff to prepare the necessary documents
to present the case to the state Council on Local Debt which will
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meet on March 17. Staff will be working with Alex Brown & Sons
as underwriters, Wheat First Securities as financial advisors and
McGuire Woods Battle & Booth as bond council.
She advised that '
staff is also reviewing the possibility of an early sale of the
general obligation bonds in order to take advantage of the
interest rates.
Ms. Hyatt advised that staff would bring back
the estimated savings as soon as possible.
In response to an inquiry from Supervisor Johnson, Ms. Hyatt
explained that the staff was not going out for Requests for
Proposals because that would add two months to the process and it
was advantageous to continue with the same team.
Supervisor Johnson moved to adopt the resolution. The
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motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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March 9, 1993
RESOLUTION 3993-4 AUTHORIZING THE COUNTY TO SUBMIT AN
APPLICATION TO THE STATE COUNCIL ON LOCAL DEBT FOR APPROVAL
OF THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE
COUNTY OF ROANOKE
WHEREAS, the County of Roanoke, Virginia ("County") has
issued general obligation bonds to finance the costs of various
capital improvements in the series and amounts described on
Exhibit A to this Resolution ("Prior Bonds"); and
WHEREAS, the Board of Supervisors has determined that it is
advisable to authorize the County Administrator and such other
officers and agents of the County as he may designate to
determine the advisability and feasibility of issuing general
obligation bonds of the County to provide funds to advance refund
all or a portion of the callable Prior Bonds ("Refunding Bonds");
and
WHEREAS; section 15.1-227.46 of the Code of Virginia of
1950, as amended, requires the Board of Supervisors to submit a
plan of refunding to the State Council on Local Debt ("~CLD") and
advance refund the Prior Bonds:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE:
1. The Bòard of Supervisors authorizes the issuance and
sale of the Refunding Bonds to advance refund all or a portion of
the Prior Bonds upon the terms and conditions to be determined by
subsequent resolution or resolutions. The Refunding Bonds shall
not be issued or sold until the SCLD has approved the issuance of
the Refunding Bonds.
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March 9, 1993
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2.
The County Administrator, the Director of Finance and
such officers and agents of the County as either of them may
designate are authorized and directed to apply to the SCLD on
behalf of the Board of Supervisors for approval of the issuance
of the Refunding Bonds to refund all or a portion of the callable
Prior Bonds and to take such other action as may be required to
obtain SCLD approval. The County Administrator shall determine
the ~ortions of the callable Prior Bonds to be included in the
plan for advance refunding to be submitted to the SCLD for
approval; provided, however, that the issuance of the Refunding
Bonds and the advanced refunding of each series of the Prior
Bonds as determined by such officer shall produce a Present Value
Savings Ratio (as defined in the State Council on Local Debt
Guidelines) of not less than .03 (3%).
3. . This Resolution shall take effect immediately.
Adopted by the Board of Supervisors at a meeting duly called
and held on March 9, 1993.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Claim bY the city of Roanoke For UnaDDroved
Charqes for SurDlus Water. (Paul Mahoney, county
Attorney)
A-3993-S
Mr.
Mahoney reported that the Roanoke City Attorney
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March 9, 1993
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submitted a claim by letter dated February 5, 1993 in the amount
of $320,353.39 for unpaid charges for the purchase of bulk water
for the year 1991 and also submitted another claim in the amount
of $213,87672 for unpaid charges for the year 1992.
The Board
previously denied the claim for 1991 and the City has begun
litigation.
He advised that the County has made numerous
attempts to negotiate a settlement to the claim.
Supervisor Johnson moved to deny the claim.
The mO'cion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
OLD BUSINESS
~ Consideration of Acquisition . by C?ndemnation of
Easements Across ProDerty OWned by G. H. Board, Georqe
D. Peoples, Deborah S. PeoDles, and Acquisition of
ProDerty OWned bY Michael J. Gordon. (Paul Mahoney,
County Attorney) (CONTINUED FROM FEBRUARY 23, 1993)
R-3993-6
Mr. Mahoney explained that at the February 23 public
hearing, staff was directed to negotiate further with the
property owners.
He explained that staff had done the
following:
(1) Offered Mr. Gordon the option of an easement or
receiving $575 for the property and Mr. Gordon rejected the
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offer; (2) Scheduled a meeting with the Mr. and Mrs. Peoples.
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March 9, 1993
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George Peoples, 6019 steeplechase, spoke and stated he felt
that going forward with condemnation was premature since there
has not been a meeting.
However, Mr. Mahoney advised that
negotiations could still continue even though the resolution has
been adopted.
Supervisor Eddy moved to defer to March 23, 1993. The
motion was defeated by the following recorded vote:
AYES:
Supervisors Eddy, Minnix
NAYS:
Supervisor Johnson, KOhinke, Nickens
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Nickens
NAYS:
Supervisors Eddy, Minnix
RESOLUTION 3993-6 PURSUANT TO SECTION 15.1-238 (E) OF
THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE
ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF
LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND
DEBORAH S. PEOPLES AND ACQUISITION OF A CERTAIN PARCEL
OF LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE
WATER TRANSMISSION LINE PROJECT
Following a public hearing of the Board of Supervisors
of Roanoke County on Tuesday, February 23, 1993, at 7:00 p.m.,
after due notice to the public, this Board makes the following
findings of fact and adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. That the Water Transmission Line Project has been
approved to provide a source of water for the citizens of Roanoke
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March 9, 1993
County.
2. That the proj ect is necessary for the general
health, safety and welfare of the public, and specifically will
provide a long-term water source in Roanoke County.
3. That acquisition of an interest in certain parcels
of land, described below, is necessary for construction of water
transmission lines from the Roanoke County Water Treatment Plant
to southwest Roanoke County.
4. In order to complete this proj ect, the County
needs to acquire an interest in the properties described below:
(a) OWNER: G. H. Board; property description:
Parcel of land located in 5800 block of
Starkey Road, Roanoke County, Virginia
(Roanoke County Tax Map No. 97.01-1-3)
See attached plat identified as "EXHIBIT A" showing
water and sewer easement and temporary construction easement to
be acquired from G. H. Board.
(b) OWNER: George D. Peoples and Deborah S. Peoples;
property description:
Parcel of land located at 6019 steeplechase
Drive, Roanoke County, Virginia
(Roanoke County Tax Map No. 86.01-2-3)
See attached plat identified as "EXHIBIT B" showing
water and sewer easement and temporary construction easement to
be acquired from George D. Peoples and Deborah S. Peoples.
(c) OWNER: Michael J. Gordon; property description:
Parcel of land located on Ripplebrook Road,
Roanoke County, Virginia
(Roanoke County Tax Map No. 96.02-1-39)
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March 9, 1993
See attached plat identified as "EXHIBIT C" showing
parcel of land in fee simple to be acquired from Michael J.
Gordon.
5. That the fair market value of the interest in the
property to be taken and damages to the residue of such property,
if any, is as follows:
PROPERTY OWNER
. FAIR MARKET VALUE
AND DAMAGES. IF ANY
G. H. Board
$
562.00
George D. Peoples
and Deborah S. Peoples
1,465.00
Michael J. Gordon
575.00
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6.
That each of the landowners have been offered the
amounts listed in paragraph 5 above for an interest in their
property and that each offer was refused by the landowners.
Therefore, the only feasible way of acquiring the land described
above is by condemnation.
7. That it is necessary for the County to immediately
enter upon and take possession of the properties described above
and commence construction of such water transmission lines and
any other appurtenances to the water supply system in order to
more adequately serve the needs of the citizens of Roanoke County
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and to institute and conduct appropriate condemnation proceedings
as to the above-described property as provided by law and by this
resolution the County hereby states its intent to do so.
8. That pursuant to the provisions of Section 15.1-
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March 9, 1993
238(E) of the Code of Virginia, 1950, as amended, the Board finds
that it is necessary to be vested with those powers granted the
Commonwealth Transportation Commissioner pursuant to sections
33.1-119 through 33.1-129, both inclusive, in order to enter upon
the property to be condemned prior or during the condemnation
proceeding for the construction of water transmission lines and
any other appurtenances' to the water supply system as described
above.
9. That the Roanoke County Board of Supervisors
hereby condemn the interest in the properties shown on Exhibit A,
Band C attached hereto and made a part of this resolution and
authorizes the County Administrator and the County Attorney to
sign all papers and documents necessary to this end on behalf of
tÞe County.
10. That the Roanoke County Board of Supervisors shall
in accordance with section 15.1-238(E) of the 1950 Code of
Virginia, as amended, be vested with those powers granted to the
Commonwealth Transportation Commissioner pursuant to Section
33.1-119 through 33.1-129, both inclusive, in order to enter upon
and take the condemned property prior to or during the
condemnation proceeding so that the construction and maintenance
of the water transmission lines as described above may be
commenced immediately the Board of Supervisors shall perform the
duties and functions required of the Commonwealth Transportation
Commissioner in such statutes.
11. That notice of this condemnation setting forth the
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March 9, 1993
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compensation offered shall be sent by certified mail to the
landowners as described above on February 2~, 1993 March 12,
1993.
12. That the law firm of Martin, Hopkins and Lemon,
P. c. shall be the duly authorized agent and attorney for the
County for the purpose of insti tuting condemnation proceedings
and the handling of the acquisition of these properties for the
County.
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On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens
NAYS: Supervisors Eddy, Minnix
IN RE:
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FIRST READING OF ORDINANCES'
Ordinance Vacatinq 1.5 feet by 5.1 feet on the
Southwest Side of the 25 Foot Sanitary Sewer Drainaqe
Easement on Lot 9, Section 7 of the Orchards
SUbdivision located in the Hollins Maqisterial
District.
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There was no discussion and no citizens spoke. Supervisor
Eddy moved to approve the first reading. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, ·Kohinke, Eddy, Nickens, Minnix
NAYS: None
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IN RE:
SECOND READING OF ORDINANCES
~ ordinance Authorizinq a Lease with the Roanoke Valley
Youth Soccer Club, Inc. for use of Real Estate Located
North of Glade Creek at Vineyard Park #2. (Paul
Mahoney, County Attorney) (CONTINUED FROM FEBRUARY 9,
1993)
0-3993-7
There was no discussion and no citizens spoke.
Supervisor
Johnson moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 39993-7 AUTHORIZING THE LEASE AGREEMENT WITH
THE ROANOKE VALLEY YOUTH SOCCER CLUB, INC. OF APPROXI-
MATELY 15 ACRES OF REAL ESTATE LOCATED NORTH OF GLADE
CREEK AT VINYARD PARK NO. 2
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of § 18.04 of the
Charter of Roanoke County, a first reading concerning the lease
of approximately 15 acres of real estate located north of Glade
Creek at Vinyard Park No. 2 was held on January 26, 1993. The
second reading on this matter was held on February 9, 1993, and
continued to March 9, 1993.
2. That it is in the Cou~ty's best interests to lease this
property to the Roanoke Valley Youth Soccer Club, Inc.,. a non-
stock Virginia corporation, in order to assist the Club by
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March 9, 1993
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providing facilities for its athletic activities. In exchange
for the authorization to utilize a portion of the Vinyard Park
.No. 2. property, the RoanoKe Valley Youth Soccer Club, Inc. has
indicated its willingness to construct several soccer fields on
the property.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplist~ this transaction, all of which
shall be upon a form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the Ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
h Ordinance Vacatinq a 50-Foot UnimDroved PaDer street
Referred to as Loman Drive and Shown on the MaD of
North Burlinqton Heiqhts, Section 1, UDon the Petition
of Fred Holdren. (Arnold Covey, Director of
Enqineerinq & InsDections) (CONTINUED FROM FEBRUARY
23, 1993.)
0-3993-8
Mr. Covey advised that staff had come up with several
alternatives to satisfy concerns in the neighborhood but have now
reached an impasse. One party will sign the agreement and one
party will not sign. Mr. Covey reported that the agreement
included an easement that would allow Mr. Hensen to continue to
use the driveway. The surrounding neighbors felt there should be
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March 9, 1993
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a reciprocal agreement to use his property as well. The Hensens
signed the agreement but the McCoughlins did not sign.
Fred Holdren, 6906 Goff Drive, advised he had checked with
the neighbors before petitioning for the vacation and advised
that he would allow the area to remain open for pedestrian
traffic to the park. Ms. McCoughlin spoke and advised they were
willing to sign an agreement allowing Mr. Hensen to use the
driveway as long as he lived there but did not wish to sign an
agreement allowing this forever. Mr. Hensen advised he did not
question the easement and has been willing to sign the agreement.
Supervisor Kohinke moved to call for the question.
The
motion was defeated by the following recorded vote:
AYES:
Supervisors KOhinke, Eddy
NAYS:
Supervisor Johnson, Nickens, Minnix
Following additional discussion, Supervisor Johnson moved to
adopt the ordinance.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix
NAYS:
Supervisors Eddy, Nickens
ORDINANCE 3993-8 VACATING A 50-FOOT UNIMPROVED PAPER
STREET REFERRED TO AS LOMAN DRIVE AND SHOWN ON THE MAP
OF NORTH BURLINGTON HEIGHTS, SECTION 1 (PB 3, PAGE 57)
WHEREAS, Fred Holdren has requested the Board of Supervisors
of Roanoke County, Virginia to vacate a 50-foot unimproved paper
street referred to as Loman Drive and shown on the map of North
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Burlington Heights, section 1 in the Hollins Magisterial District
as shown in Plat Book 3, at page 57 of record in the Clerk's
Office of the Roanoke County Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia,
as amended, requires that such action be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by section 15.1-
431 of the 1950 Code of Virginia, as amended, and a first reading
of this ordinance was held on January 12, 1993; and the second
reading and public hearing of this ordinance was held on January
26, 1993, and continued until March 9, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a 50-foot unimproved paper street referred to as
Loman Drive between the intersections of Dallas Road and Goff
Road and approximately 360 feet in length and shown on the map of
North Burlington Heights, Section 1, in the Hollins Magisterial
District of record in Plat Book 3, at page 57, in the Office of
the Clerk of the Circuit Court of Roanoke County, Virginia, be,
and hereby is, vacated pursuant to Section 15.1-482 (b) of the
1950 Code of Virginia, as amended; and,
2. That as a condition of the adoption of this ordinance,
the County reserves and retains a 20-foot sewer easement as shown
on the attached plat prepared by the Roanoke County Engineering
and Inspections Department; and,
3. That this ordinance shall ba in full force and effect
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March 9, 1993
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.
4. That Fred Holdren shall pay all fees required to accom-
plish this transaction and that the Director of the Department of
Engineering and Inspections shall record a certified copy of this
ordinance along with the attached plat in the circuit Court
Clark's Office; and
5. That pursuant to § 15.1-485 of the 1950 Code of
Virginia, as amended, the Circuit Court Clerk shall write in
plain legible letters across the part of the plat vacated, the
word "vacated" and also make a reference on the same to the
volume and page in which the instrument of vacation is recorded.
On motion of Supervisor Johnson to adopt the crdinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix
NAYS: Supervisors Eddy, Nickens
~ Ordinance Authorizinq Conveyance of a 0.492 Acre Tract
of Land at ValleVDointe to Linqerfelt DeveloDment
CorDoration. (Tim Gubala, Economic DeveloDment
Dïrector)
0-3993-9
There was no discussion and no citizens spoke. Supervisor
Kohinke moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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NAYS:
None
ORDINANCE 3993-9 ACCEPTING AN OFFER FOR AND AUTHORIZING
THE SALE OF 0.493 ACRE, MORE OR LESS, BEING A PORTION
OF TAX MAP NO. 37.07-1-5.1 AND A PORTION OF THE
REMAINING PROPERTY OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY AT VALLEYPOINTE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is declared to be
surplus and is being made available for other public uses; and
2. That pursuant to the provisions of Section 18.04 of the
1
Charter of Roanoke County, a first reading was held on February
23, 1993; and a second reading and public hearing was held on
March 9, 1993, concerning the sale and disposition of 0.493 acre,
more or less, being a portion of Tax Map No. 37.07-1-5.1 and a
portion of the remaining property of the Board of Supervisors of
Roanoke County at Valleypointe; and
3. That an offer having been received for said property,
the offer of Lingerfelt Development Corporation to purchase this
property for Fourteen Thousand Four Hundred Ninety Dollars
($14,490) is hereby accepted; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
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5. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of said property,
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March 9, 1993
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all of which shall be upon form approved by the County Attorney.
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
~ Ordinance Authorizinq the Financinq of Certain
County Facilities. (Diane Hyatt, Finance Director)
0-3993-10
Ms. Hyatt announced that the preliminary pricing showed a
reduction in the interest rate and total gross and net debt
service which will save $1,524,050.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnsen, Kohinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Eddy
ORDINANCE 3993-10 AUTHORIZING THE LEASE
FINANCING OF CERTAIN COUNTY FACILITIES
WHEREAS, the County of Roanoke, Virginia ("County") has
determined that it is necessary and advisable to undertake the
acquisition, renovation, improvement, and equipping of certain
facilities consisting of the real estate on which the County's
administration and Board of Supervisors' offices will be located
and improvements thereon ("County Administration center") and
improvements to the County facilities located at 3738 Brambleton
Avenue, S. w. and renovations and improvements to the existing
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March 9, 1993
f49·
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school administration building and annex (collectively, the
"Project") and to obtain financing for the Project through lease
revenue bonds in the maximum principal amount of $4,750,000
("Bonds") to be issued by the Industrial Development Authority of
Roanoke County, Virginia ("Authority"). The County will lease
the County Administration Center to the Authority pursuant to a
lease ("Lease"). The Bonds will be payable solely from the
revenues derived by the Authority from the Financing Lease from
the Authority to the County ("Financing Lease") pursuant to which
the Authority will lease the County Administration Center back to
the County and the County agrees to make rental paYments, subject'
to annual appropriation, sufficient to pay the principal of and
interest on the Bonds; and
WHEREAS, the Bonds will be issued pursuant to the following
documents: ( i) Indenture of Trust between the Authority and
Crestar Bank ("Trustee"); (ii) Leasé; (iii) Financing Lease; (iv)
Deed of Trust from the Authority to the individual trustees named
therein, as trustees; (v) Assignment of Rents and Leases between
the Authority and the Trustee; (vi) Preliminary Official
Statement and Official Statement with respect to the issuance and
sale of the Bonds; and (vii) Bond Purchase Agreement among Alex.
Brown & Sons Incorporated ("Underwriter"), the County and the
Authority. All of the documents listed above, except the
Preliminary Official Statement, Official Statement and the Bond
Purchase Agreement, are to be dated for reference as of March 1,
1993. All of the documents listed above, except the Bonds, the
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15 0
March 9, 1993
Preliminary Official statement and the Official statement are
referred to in this Ordinance as the "Basic Documents"; and
WHEREAS, the first reading of this ordinance was held on
February 23, 1993; and the second reading was held on March 9,
1993.
NOW, THEREFORE, be it ordained by the Board of Supervisors
of Roanoke County, Virginia:
1. Issua~ce of Bonds. The County requests the Authority
to issue its Bonds in the maximum amount of $4,750,000 to be paid
from revenues derived from paYments made by the County pursuant
to the Financing Lease.
2. Authorization of Financinq Documents. The Bonds and
the Basic Documents are approved in substantially the forms on
f iV~ with the County Administrator , with such changes,
insertions, or omissions (including, without limitation, changes
of the dates thereof) as may be approved by the Chairman of the
Board of Supervisors or by the County Administrator, whose
approval shall be evidenced conclusively by the execution and
delivery of the Basic Documents to which the County is a party.
The execution and delivery of and performance by the County under
the Bonds and the Basic Documents to which it is a party are
authorized.
3. Execution of Documents. The Chairman and Vice Chairman
of the Board of Supervisors and the County Administrator, or any
of them, are authorized to execute on behalf of the County the
Basic Documents to which the County is a party, and, if required,
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March 9, 1993
15 1
the County Administrator is authorized and directed to affix or
the cause to be affixed the seal of the County to the Basic
Documents and to attest such seal. Such officers or their
designees are authorized to execute and deliver on behalf of the
County such instruments, documents or certificates, and to do and
perform such things and acts, as they shall deem necessary or
appropriate to carry out the transactions authorized by this
Ordinance or contemplated by the Basic Documents; and all of the
,
foregoing, previously done or performed by such officers or
agents of the County, are in all respects approved, ratified and
confirmed.
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4. Sale of Bonds. The County Administrator and the
Chairman of the Board of Supervisors or either of them, is
authorized and directed to consent to the terms of the sale of
the Bonds by the Authority to the Underwriter and to execute and
deliver the Bond Purchase Agreement, provided that (i) the true
interest cost of the Bonds shall not exceed 9%, (ii) the
aggregate principal amount of the Bonds shall not exceed
$4,750,000 (iii) the sale price of the Bonds to the Underwriter
shall not be less than 97% of the aggregate principal amount
thereof and (iv) the final maturity of the Bonds shall not be
later than 25 years from their date.
The approval of such
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officers shall be evidenced conclusively by the execution and
delivery of the Bond Purchase Agreement.
5. Approval of Òfficial Statement. The Official Statement
wi th respect to the issuance and sale of the Bonds is hereby
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March 9, 1993
approved in substantially the form of the PreliÍninary Official
statement on file with the County Administrator. The
distribution of the Preliminary Official statement and the
Official statement is approved. The County Administrator is
authorized to deem the Preliminary Official statement "final" for
purposes of Securities and Exchange Commission Rule 15c2-12.
6. Nature of Obliqations. Nothing in this Ordinance, the
Bonds or the Basic Documents shall constitute a debt of the
County and the Authority shall not be obligated to make any
paYments under the Bonds or the Basic Documents except from
paYments made by or on behalf of the County under the Financing
Lease. The County Administrator is directed to submit for each
fiscal year a request to the Board of Supervisors for an
appropriation to the Authority for an ameunt equal to the rental
paYments coming due under the Financing Lease for the next fiscal
year. The County's obligations to make paYments to the Authority
pursuant to this resolution shall be subj ect to and dependent
upon annual appropriations being made from time to time by the
Board of Supervisors for such purpose. Nothing in this
Resolution, the Bonds or the Financing Lease shall constitute a
pledge of the full faith and credit of the County beyond the
constitutionally permitted annual appropriations.
7. Effective Date. This Ordinance shall take effect
immediately.
On motion of Supervisor Nickens tò adopt the ordinance, and
carried by the following recorded vote:
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March 9, 1993
15'3
AYES:
Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Eddy
h Ordinance to Vacate a 10 Foot by 24 Foot Waterline
Easement Located on Common ProDerty Line of Lots 37 and
38, Huntinq Hills Place, section 3 Subdivision, Located
in the Cave SDrinq Maqisterial District. (Arnold Covey,
Director of Enqineerinq & InsDections)
0-3993-11
There was no discussion and no citizens spoke. Supervisor
Kohinke moved to adopt the ordinance. The motion carried by the
1
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 3993-11 VACATING A 10-FOOT BY 24-FOOT
WATERLINE EASEMENT LOCATED ON COMMON PROPERTY LINE OF
LOTS 37 AND 38, HUNTING HILLS PLACE, SECTION 3
SUBDIVISION (PB 9 PAGE 354) LOCATED IN THE CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, Boone, Boone & Loeb, Inc. has requested the Board
of Supervisors of Roanoke County, Virginia to vacate a 10-foot by
24-foot waterline easement located on the common property line of
Lots 37 and 38, Hunting Hills Place, Section 3 Subdivision in the
Cave Spring Magisterial District as shown in Plat Book 9, at page
354 of record in the Clerk's Office of the Roanoke County Circuit
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Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia,
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p154
March 9, 1993
as amended, requires that such action be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-
431 of the 1950 Code of Virginia, as amended, and a first reading
of this ordinance was held on February 23, 1993; and the second
reading of this ordinance was held on March 9, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows~
1. That a 10-foot by 24-foot waterline easement located on
the common property line of Lots 37 and 38, Hunting Hills Place,
section 3 Subdivision in the Cave Spring Magisterial District of
record in Plat Book 9, at page 354, in the Office of the Clerk of
the Circuit Court of Roanoke County, Virginia, be, and hereby is,
vacated pursuant to Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended; and,
2. 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.
3. That Boone, Boone & Loeb, Inc. shall record a certified
copy of this ordinance with the Clerk of the Circuit Court and
shall pay all fees required to accomplish this transaction and in
addition, shall be responsible for all costs and expenses associ-
ated herewith.
4. That as a further condition to the adoption of this
ordinance, the Board of Supervisors of Roanoke County, Virginia,
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March 9, 1993'
15 5
shall be indemnified of and held harmless from and against all
claims for damages to any improvements or structures within the
old easement area by it, its heirs, successors, or assigns.
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
h
Ordinances Declarinq Certain ProDerties to be SurDlus
and to Authorize the Sale of Said ProDerties (Paul
Mahoney, County Attorney)
Mr. Mahoney announced that the only offer for Summerdean Lot
1
A is from Mark S. Agner in the amount of $100 and the offer for
the Brooklawn well lot was from Dale and Diane East in the amount
of $1,200.
Supervisor Johnson moved to separate the issues. The motion
carried by a unanimous voice vote.
~ Summerdean Lot A
0-3993-12.a
Supervisor Johnson moved to adopt the ordinance as amended
by Mr. Mr. Mahoney. The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
I
ORDINANCE 3993-12. a DECLARING A 0.098 ACRE
PARCEL OF REAL ESTATE KNOWN AS II SUMMERDEAN
LOT A" TO BE SURPLUS AND ACCEPTING/REJECTING
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March 9, 1993
AN OFFER FOR THE SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is hereby
declared to be surplus and is being made available for other
public uses; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading and public hearing was
held on February 23, 1993; and a second reading was held on March
9, 1993, concerning the sale and disposition of aD. 098 acre
parcel of real estate known as "Summerdean Lot A", Tax Map No.
27.12-2-4; and
3. That an offer having been received for said property,
the offer of Mark Agner to purchase this property for $100.00 is
hereby accepted/rejected; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
5. That the County Administrator is authorized to execute
such documents and .take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of said property,
all of which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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March 9, 1993
.15 7
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Brooklawn, Well Lot
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0-3993-12.b
Supervisor Johnson moved to adopt the ordinance as amended
by Mr. Mahoney.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 3993-12.b DECLARING A 0.268 ACRE PARCEL OF
REAL ESTATE KNOWN AS "BROOKLAWN WELL LOT" TO BE SURPLUS
AND ACCEPTING/REJECTING AN OFFER FOR THE SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is hereby
declared to be surplus and is being made available for other
public uses; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading and public hearing was
held on February 23, 1993; and a second reading was held on March
9, 1993, concerning the sale and disposition of aD. 268 acre
parcel of real estate known as "Brooklawn Well Lot", Tax Map No.
26.20-4-11; and
I
3. That an offer having been received for said property,
the offer of Dale and Diane East to purchase this property for
$1.200.00 is hereby accepted/rejected; and
4.
That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
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March 9, 1993
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5.
That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of said property,
all of which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CONSENT AGENDA
R-3993-13
Supervisor Kohinke moved to adopt the Consent Resolution
after discussion of Items 6 and 8.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 3993-13 APPROVING AND CONCURRING. IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for March 9, 1993, designated as Item K - Consent
Agenda be, and hereby is, 0 approved and \concurred in as to each
item separately set forth in said section designated Items 1
through 8, inclusive; as follows:
1. Minutes of Meetings - January 12, 1993, January
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March 9, 1993
15·9
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8.
26, 1993, February 9, 1993.
2.
Resolution of Support for the Continuation of
Federal Community Service Block Grants to Fund
Total Action Against Poverty.
3.
Approval of a Raffle Permit for the Valley Network
Business and Professional Women's Club of Roanoke,
Virginia.
4.
Approval of a 50/50 Raffle Permit for 1993 for the
William Byrd High School Cheer leading Booster
Club.
5.
Approval of Revisions to the Bylaws of the Mental
Health Services of the Roanoke Valley.
6.
Request for Acceptance of Bushdale Road into the
Virginia Department of Transportation Secondary
System.
7.
Request for Acceptance of Duxbury Lane and
Brewster Circle into the Virginia. Department of
Transportation Secondary System.
Acceptance of a Quitclaim Deed for Right-of-Way
for Tinkerdale Road Extension.
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 resolution
after discussion of Items 6 and 8, and carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
I
RESOLUTION 3993-13.a SUPPORTING THE CONTINUATION OF THE
FEDERAL COMMUNITY SERVICES BLOCK GRANT PROGRAM
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March 9, 1993
WHEREAS, Community Services Block Grants come from the U. S.
Department of Health and Human Services and funds programs that
attack the root causes of poverty, and
WHEREAS, Total Action Against Poverty, Roanoke Valley's
local community action agency, is one of 960 existing agencies
throughout the United States that rely on CSBG for its funding,
and
WHEREAS, in 1391, TAP received $1.2 million in CSBG funding
which leveraged an additional $15 million to assist low income
residents in the Roanoke Valley, and
WHEREAS, Community Services Block Grants provided services
such as emergency assistance, technical assistance to low income
community groups, basic education instruction and support
servicp.s for youth drop outs, training to unemployed and
underemployed, and supplemental food to needy families, serving
8,484 households and 22,904 persons.
THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, supports the continuation by the
federal government of this valuable program which provides
funding for the Roanoke Valley's community action agency, Total
Action Against Poverty.
BE IT FURTHER RESOLVED by the Board of Supervisors of
Roanoke county, Virginia, that the Clerk to the Board of
Supervisors is directed to send certified copies of this
resolution to the United States Senators and united States
Congressmen serving the Roanoke Valley.
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March 9, 1993
16 1 -
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 3993-13.e REQUESTING ACCEPTANCE OF BUSHDALE
ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard up.on the
proceedings herein, and upon the application for Bushdale Road, a
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section of road extending from Mayfield Drive (Route 659) in a
southeasterly direction 0.29 miles to a turnaround located at its
terminus, pursuant to Section 33.1-72.1, Paragraph C-1 of the
Code of Virginia of 1950, as amended.
2. That this Board does guarantee the Commonweal th of
Virginia an unrestricted right-of-way of 40 feet for streets with
necessary easements for drainage as recorded in Deed Book 1358,
Pages 01492, 01497, 01501, and Deed Book 1360, Pages 00748,
00751, 00757, 00762, 00765, 00771, 00776, 00782, 00786, and Deed
Book 1373, Page 00990, and Deed Book 1377, Pages 00658, 01344,
and Deed Book 1380, Page 01093; Deed Book 1394, Page 781 and Deed
Book 1394, Page!785 in the Roanoke County Clerk's Office.
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3. That this Board does certify that this road was opened
to pUblic use prior to July 1, 1980, at which time it was open to
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March 9, 1993
and used by motor vehicles.
4. That this Board does certify that speculative interest
is not involved.
5. That said road known as Bushdale Road and which is
shown on a certain sketch accompanying this resolution, be, and
the same is hereby established as a public road to become a part
of the state secondary system of highways in Roanoke County, only
from and after notifications of official acceptance of said
street or highway by the Virginia Department of Transportation.
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 3993-13. f REQUESTING ACCEPTANCE OF DUXBURY LANE
AND BREWSTER CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Duxbury Lane,
0.15 miles, from its intersection with Texas Hollow Road
(Virginia Secondary Route #641) to its cul-de-sac and 0.05 miles
of Brewster Circle, from its intersection with Duxbury Lane to
its cul-de-sac to be accepted and måde a part of the Secondary
System of State Highways under Section 33.1-229 of the Virginia
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March 9, 1993
16·3.
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state Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said roads has heretofore
been dedicated by virtue of a certain map known as Duxbury Court
Subdivision which map was recorded in Plat Book 11, Page 170, of
the records of the Clerk's Office of the circuit Court of Roanoke
County, Virginia, on July 12, 1989 and that by reason of the
recordation of said map no report ¡rom a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said drainage
easements and a right-of-way for the street.
3. That said roads known as Duxbury Lane and Brewster
Circle and which are shown on a certain sketch accompanying this
Resolution, be, and the same are hereby established as pUblic
roads to become a part of the State Secondary System of Highways
in Roanoke County, only from and after notification of official
acceptance of said street or highway by the Virginia Department
of Transportation.
On motion of Supervisor Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson: (1) He advised he had received
Supervisor Eddy's draft letter to Vice President Gore, commended
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March 9, 1993
Supervisor Eddy, and asked if he could also sign the letter.
Supervisor Eddy invited all the board members to sign. (2) He
met with citizens regarding the gYm facilities at Northside High
School. He asked Mr. Hodge to met with Dr. 'Bayes Wilson
regarding the facilities and report back in the Spring.
Supervisor Kohinke: (1) He also commended Supervisor Eddy
on his letter to Vice President Gore. (2) He also met with the
citizens at Northside High School. (3) He expressed pride in the
response from the Fire and Rescue Department to the Holiday Inn-
Salem fire.
Supervisor Eddv: (1) He received complaints from citizens
on Cox Cable regarding the change in billing dates. Supervisor
Nickens (member of the Cable Television Committee) advised that
the committee has no control over the setting of cable rates or
the programming. (2) He asked for a report on the cost of the
Spring Hollow Reservoir groundbreaking, including where the money
came from, and who authorized the expenditures.
Supervisor Minnix: He expressed concern about the violence
on cable television.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
reports. The motion carried by a unanimous voice vote.
~ General Fund UnaDDroDriated Balance
h CaDital Fund UnaPDroDriated Balance
~ Board Continqency Fund
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March 9, 1993
16 5
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Accounts Paid - February 1993
IN RE:
WORK SESSIONS
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~ Joint Work Session with the Planninq Commission
Planning and Zoning Director Terry Harrington presented
the proposed amendments to the county Code and Zoning Ordinance
that would allow alterna~ive discharging sewage system systems.
The locations that would allow the systems were agricultural
districts and in less intensi ve and developing suburban areas.
Criteria included: (1) residence must be located more than 300
feet from an existing or proposed public sewer line; (2) option
of last resort for replacing a failed septic system; (3) can only
serve a single family residence; (4) residence must be
constructed prior to the adoption date of this ordinance; and (5)
is the principal residence of the owner. Staff and the Planning
Commission also presented the standards and process for receiving
these sewage systems.
There was general Board support for procedures recommended
by the Planning Commission with the emphasis on the fact that
this option was the last resort for replacing a failed septic
system.
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h BUdqet Work Session
Mr. Hodge and 'Management and Budget Director Reta Busher
presented updated revenue figures from the state including
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March 9, 1993
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funding for Education, Libraries, VPI Extension, POlice,
Compensation Board and the return of the Recordation Fees. Mr.
Hodge also advised that the County should be able to use funds
saved by refinancing the current debt to meet the school's new
debt.
Commissioner of the Revenue Wayne Compton and staff
presented an update on potential loc.al revenues and reviewed a
comparison of the machinery and tools tax methods and rates with
other Roanoke Valley governments. Mr. Hodge and Mr. Compton
recommended that neither the tax ,rate or method be changed.
There was no consensus from the Board to change the machinery and
tools tax rate or the assessment methodology. A revised budget
calendar was also presented.
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IN RE: EXECUTIVE SESSION
At 6:30 p.m.. Supervisor Johnson moved to go into
Executive Session pursuant to Section 2.1-344 (1) Personnel
Matter; (5) Expansion of an existing business or industry and (3)
Acquisition of property for public library purposes. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CERTIFICATION RESOLUTION
R-3993-14
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At 7: 03 p.m., Supervisor Nickens moved to return to
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March 9, 1993
16"] ~
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
. AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 3993-14 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of InfQrmation Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
I
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
II Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt the Certification
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March 9, 1993
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Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
EVENING SESSION
IN RE:
PUBLIC HEARINGS
~ Public Hearinq for citizen Comment to set the
followinq tax rates: (Reta Busher, Director of
MaDaqement & Budqet)
-'L.. To set a Real Estate Tax Rate of Not More
than $1.13 Der $100 Assessed Valuation.
The following citizens spoke: II
.l.:.. Beckv Deaton. 3031 Fleetwood Avenue S. W.. spoke on
behalf of the Roanoke County Education Association. She
presented charts comparing teacher salaries in the County with
the City of Salem and asked for increased teacher's salaries.
£:... Wencil Stanek. 5402 Chatsworth Drive S. W. spoke in
support of less taxes and less services.
~ Cecil V. Bollinqer. 3689 Rutrouqh Road advised his
assessment increased $18,000 in one year, and he was opposed to
the increased assessment.
~ Bill Reid. 7482 Bradshaw Road. Salem, President of the
Mason Cove civic League, was opposed to increasing the tax rates.
~ Ambrose Pentecost. 2402 W. Riverside Drive advised that II
his property is located in the flood plain, but his house
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March 9, 1993
16 9
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assessment still increased.
~ Lela spitz. 1971 Oak Drive. Salem spoke in support of a
tax rate reduction and reduced spending~
~ Lois Meadows. 2384 W. Riverside Drive also stated her
house is in the flood plain and the assessment should have been
reduced.
~ Marvin Anderson, 8486 Newport Road, also spoke in
opposition to the increased real estate assessments.
~ Rav Henderson. 610 Peake Street. advised he owned
property that had increased by $17,500 and was opposed to the
increased assessment.
Supervisor Nickens requested that Mr. Hodge set up an
education seminar in the Community Room to explain the assessment
process to all citizens.
~ To Set a Personal ProDerty Tax Rate of Not
More than $3.50 Der $100 Assessed Valuation
and a Machinery and Tools Tax Rate of Not
More than $3.00 Der $100 Assessed Valuation.
No citizens spoke~
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES
h
ordinance Amendinq and Reenactinq Section 21-202
of the Roanoke County Code Authorizinq an Increase
in the Transient OccuDanCy Tax from 2% to 5%,
Allocatinq the Proceeds from This Increase, and
Providinq for an Effective Date. (Paul Mahoney,
County Attorney)
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March 9, 1993
Mr. Mahoney advised that the General Assembly amended the
County Charter allowing an increase in the local Transient
Occupancy Tax from 2& to 5%, and that the revenues must be
appropriated for tourism and tourism related services.
Supervisor Johnson announced he would not support ,this tax
because the state earmarked 100% of the tax to tourism.
Supervisor Minnix announced he would vote no because of a
commitment to citiz.;ns in his district not to raise any taxes
this year. Supervisors Eddy and Kohinke advised they would
support the increase because it did not affect County citizens.
Supervisor Nickens moved to approve the first reading.
The motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Eddy, Nickens
NAYS: Supervisors Johnson, Minnix
IN RE:
ADJOURNMENT
At 8:00 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
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