Loading...
HomeMy WebLinkAbout3/23/1993 - Regular ~ March 23, 1993 17·1 91 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 March 23, 1993 I 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, 1993. 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 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; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer ~I c ..... JI'" t172 March 23, 1993 IN RE: OPENING CEREMONIES ~ The invocation was given by the Reverend Branan G. Thompson, Colonial Avenue Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix added Item 5 under New Business: Request for authorization to issue the 1992 General Obligation Bonds and to j refinance certain pervious issues of General Obligation Public Improvement and Refunding Bonds. Chairman Minnix added to the Executive Session: (3) to I discuss the acquisition of real property for public utility purposes, water transmission line. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Mr. Hodge recognized Chief T. C. Fuqua, Deputy Director of . Emergency Services, and Chief Larry Logan " Coordinator of Emergency Services, for their dedication and assistance during the recent winter storm. He thanked all the employees of the County departments and the volunteers for their efforts. Supervisor Nickens requested that Chairman Minnix send a them on behalf I. letter to the volunteer and career personnel thanking of the citizens and the Board Members. ~ ~ I I ~ March 23, 1993 1-73 IN RE: BRIEFINGS h Presentation bv Leadershio Develooment Commi ttee. Leadershio Roanoke Valley) Roanoke Valley Economic ( Rei th T. Austin. from Mr. Austin showed a video that the Leadership Roanoke Valley Economic Development Commi ttee developed to serve as a promotional tool for attracting tourists to the Roanoke Valley. It was produced by WBRA and sponsored by Lamar Advertising. Mr. Austin presented two copies of the video to the Board Members. h Quarterlv Reoort on 1991 Water Pro;ects. (Clifford Craiq. utility Director) A quarterly update on the Spring Hollow Reservoir Project, the Water Treatment Plant, and the Water Transmission Line was presented by Mr. Craig and Ted Petosky, Project Manager. The construction of the reservoir is now in its sixteenth month and the project is on schedule despite the recent adverse weather. h Quarterl v Reoort on Roanoke Valley Resource Authori tv Solid Waste Facilities. (John Hubbard. CEO. RVRA) Mr. Hubbard present the quarterly status report. He advised that because of the adverse weather conditions, the project ..... JI'" 114 March 23, 1993 has been delayed approximately 30 to 45 days. Efforts' will be made to~ make up this delay when the weather improves. ~ soecial Reoort on Dixie Caverns Landfill CleanuÞ. (Georqe simoson. Assistant Director of Enqineerinq Ii InsÞections) Following a brief discussion, Supervisor Johnson requested that at the appropriate time a draft letter written by Supervisor Eddy to the Environmental Protection Agency (EPA) concerning the cleanup be finalized and sent to the EPA. Mr. Simpson' showed a video that detailed the methods used and the progress to date on the cleanup of the Dixie Caverns Landfill. I He advised that the cost expended to date is $2, 2l5, 000, and gave estimates of the projected costs for leachate pump and haul operation, stream remediation, flyash removal/treatment, and final close-out. IN RE: NEW BUSINESS h Resolution Adootinq the 1993 Real Estate Tax Rate. (Elmer C. Hodqe. County Administrator) R-32393-1 Mr. Hodge was present to answer questions. Supervisor Nickens moved to adopt the resolution setting the following recorded vote: The motion carried by the I real estate tax rate at $1.13 per $lOO. ~ ~ March 23, 1993 ,,1 7 5 AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None It was the consensus. of the Board that an independent review of new assessments would not be necessary. Mr. Hodge had requested permission to obtain proposals for the review to resolve any questions the Board might have. - RESOLUTION 32393-1 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set I for a tax rate of $1.13 per one hundred , dollars of assessed valuation on all taxable real estate and mobile homes classified by § § 58.1- 3200, 58.1-3201, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Resolution Adootinq the 1993 Personal prooertv Tax Rates and Machinerv and Tools Tax Rate. (Elmer C. Hodqe. County Administrator) I R-32393-2 Mr. Hodge was present to answer questions. ..0IIII1 JI'" !~7 6 March 23, 1993 After a brief discussion, it was the consensus of the Board~ to consider a possible machinery and tools tax rate increase or change in methodology for the 1994 budget, and to discuss the issue within the next several months with the Commissioner of Revenue. Supervisor Nickens moved to adopt the resolution setting the personal property tax at $3.50 per $100 and machinery and tools tax rate at $3.00 per $100. The motion carried by the føllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 32393-2 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 I BE IT RESOLVED' by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.l-3504 and 58.l-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by § § 58.1-3500, 58.1- 3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. I 2. That there be, and hereby is, established as a separate ~ ~ March 23, 1993 171' ~t -:~ ~ class of personal property in Roanoke County those items of personal , property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans 3. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set at fifty (50%) oercent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate II class of personal property in Roanoke County those items of personal property set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: II AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ..... JI'" 118 " March 23, 1993 ~ h Request for Adootion of Reqional Cable Television commi ttee BUdqet for FY 1993-94. (Anne Marie Green. Director of Communi tv Relations) A-32393-3 Ms. Green advised that the proposed budget for FY 1993-94 is $99,802 which was approved by the Regional Cable Television Committee on February 24, 1993. Roanoke County's share of the budget is 34.22 percent or $34,042. Roanoke City will fund 58.57 percent-and. the Town of Vinton's share is 7.32 percent. Ms. Green reported that Ms. McPeak, station Manager, is currently located at Patrick Henry High School and is reviewing four possible studio sites. Ms. McPeak expects to begin purChaSingl equipment shortly and to begin airing programs in July. The staff is currently investigating the possibility of producing a "County Administrator's Report" in conjunction with WBRA, until such time as the studio is operational. Ms. Green requested that the Board adopt the proposed Cable Television Budget and authorize inclusion of $34,042 in the County's FY 1993-94 budget, for this purpose. Supervisor Nickens moved to approve the budget. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens requested that a meeting be arranged withll Ms. Green, Angela McPeak, Station Manager, and himself to discuss the ~ ~ I II ~ March 23, 1993 17 9 possible studio location. ~ Request for Aoorooriation of Water Fund for Well Drillinq. Director) $57.116.20 to utility (Clifford Craiq. utility A-32393-4 Mr. Craig advised that the acquisition of land by the Virgin'ia Department of Transportation for Rt 221 road construction prohibited the County from getting an operating permit for the existing Arlington Hills #4 well. VDOT has paid the County $57,116.20 as damages for the loss of the use of this well. He asked that the Board appropriate this amount for use in the construction of new well supplies. In response to an inquiry from Supervisor Eddy, Mr. Craig advised that drilling on the Forest Edge well started yesterday. Supervisor Johnson moved to appropriate $57,116.20 to the utility Water Fund for well drilling. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Request for Authorization to Issue the 1992 General Obliqation Bonds and to Refinance Certain Previous Issues of General Obliqation Public Imorovement and Refundinq Bonds. (Diane Hvatt. Director of Finance) R-32393-5 ..... JI'" 180 March 23, 1993 Ms. Hyatt advised that on March 9, 1993, the Board ~ authorized the staff to prepare for refinancing any portion of the County's General Obligation Bonds that would benefit from lower interest. rates. On March 17, 1993, the state Council on Local Debt approved the refunding of certain Roanoke County General Obligation Bonds. The bonds will be issued in the maximum principal amount of $55 million, which includes a maximum pr~,ncipal amount of $37,210,000;, for the refinancing and a maximum principal amount of $17,790,000 for the new G. O. bonds. Based on the March 15, 1993 market rates, the savings for the refinancing would be $1.45 million, and will be shown in a reduction of debt service in 1993-94. The savings on the new G'O'II Bonds will be approximately $2.9 million over 20 years due to an anticipated reduction in the interest rate. Supervisor Eddy commended the staff for approaching this situation so expeditiously and taking advantage of the current interest rates to save the taxpayers' money. 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 32393-5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES 1993 The issuance of a maximum amount of $17, 790,000 general II obligation bonds of the County of Roanoke, Virginia ("County") was ~ ~ II II ~ 18 1 - March 23, 1993 approved at an election held in the County on November 3, 1992 ("1992 Election Bonds"). The County has issued $3,700,000 General Obligation Public Improvement Bond Anticipation Notes, Series 1992 ("Notes") in anticipation of the issuance and sale qf the 1992 Election Bonds. The Board of Supervisors proposes to authorize the issuance and sale of the 1992 Election Bonds. The County has issued the general obligation bonds described in Exhibit A to this Resolution and the Board of Supervisors proposes to authoriz~ the issuance and sale of general obligation bonds of the County ("Refunding Bonds") to refund all or a portion of the outstanding principal amount of the bonds listed on Exhibit A ("Refunded Bonds").' The 1992 Election Bonds and the Refunding Bonds are referred to collectively in this Resolution as the "Series 1993 Bonds." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Series 1993 Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Series 1993 Bonds in the maximum principal amount of $55,000,000. The 1992 Election Bonds shall be issued and sold in the maximum principal amount of $17,790,000. The Refunding Bonds shall be issued and sold in the maximum principal amount of $37,210,000, which amount is anticipated to be sufficient to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in connection with the issuance and sale of the Refunding Bonds. The issuance and sale ..... JI'" 18 2 ~ March 23, 1993 of the Series 1993 Bonds are hereby authorized. The proceeds from the issuance and sale of the 1992 Election Bonds shall be used to pay the Notes at maturity and to pay the costs of the projects in the amounts authorized pursuant to the November 3, 1992 Election. The proceeds from the issuance and sale of the Refunding Bonds shall be used to pay the outstanding principal amount of and premium, if any, and accrued interest on the Refunded Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledqe of Full Faith and Credit. Tqe full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Series 1993 Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject toll local taxation, sufficient to pay the principal of, premium, if any, and interest on the Series 1993 Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. '3. Redemption and Payment of Refunded Bonds: Escrow Aqreement. The County Administrator is authorized and directed to execute and del i ver an Escrow Agreement between the County and an Escrow Agent to be selected by the County Administrator providing for the irrevocable deposi~ of (i) proceeds of the Refunding Bonds (and other available money, if any) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds and (ii) proceedsll of the 1992 Election Bonds sufficient, when invested as set forth in ~ II II ~ March 23, 1993 183 the Escrow Agreement, to provide for payment of principal of and interest on the Notes at maturity. The County Administrator is authorized and directed to determine the maturities of the bonds to be called for redemption, to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Series 1993 Bonds. The Board of Supervisors authorizes the sale of the Series 1993 Bonds in the aggregate principal amount to be determined by the County Administrator, but not to exceed the maximum amounts set forth in paragraph 1, to Alex Brown & Sons Incorporated, Merrill Lynch & Co. and Scott & Stringfellow, Inc. ("Underwriters"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale-and delivery of the Series 1993 Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Series 1993 Bonds shall not exceed 8.0%; (ii) the final maturity of the Series 1993 Bonds shall not be later than the final maturity of the Refunded Bonds; and (iii) the sale price of the Series 1993 Bonds to the Underwriters, excluding original issue discount, if any, shall not be less than 97% of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement by either of them. 5. Details of Series 1993 Bonds. The Series 1993 Bonds shall be issued upon the terms established pursuant to this Resolution ..... JI'" 184 March 23, 1993 ~ and the Bond Purchase Agreement or such other terms as may be forth by subsequent resolution of the Board of Supervisors. The Series 1993 Bonds shall be issued in fully registered form, shall be dated March 15, 1993, or such other date as the Director of Finance may approve, shall mature in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereQf and shall be numbered from R-1 upwards consecutively. The County Administrator is authorized and directed to approve such optional redemption provisions for the Series 1993 Bonds as he determines to be in the best interest of the County. 6. Form of Series 1993 Bonds. The series 1993 Bonds shall II this Resolution as Exhibit B, be in substantially the form attached to wi th such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board òf Supervisors. There may be endorsed on the Series 1993 Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 7. Printed or Book-Entrv-Onlv Form. The Series 1993 Bonds shall be issued in book-entry-only form. The Series 1993 Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Series 1993 Bonds, and immobilized II in the custody of DTC. One fully-registered Series 1993 Bond in ~ ~ I II ~ March 23, 1993 18 5 typewritten or printed form for the principal amount of each maturity of the Series 1993 Bonds shall be registered to Cede & Co. Beneficial owners of the Series 1993 Bonds shall not receive physical delivery of the Series 1993 Bonds. Principal, premium, if any, and interest payments on the Series 1993 Bonds shall be made to DTC or its nominee as registered owner of the Series 1993 Bonds on the applicable payment date. Transfer of ownership interest in the Series 1993 Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Series 1993 Bonds in accordance with rules specified by DTC and" its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Series 1993 Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Series 1993 Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Series 1993 Bonds; or (ii) The County has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The County has determined that it is in the best interest of the beneficial owners of the Series 1993 Bonds or the County not to continue the book-entry system of transfer. ..... JI'" 186 March 23, 1993 Upon occurrence of the event described in (i) or (ii) above, the~ County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the Board of Supervisors shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes-the determination noted in (i) or (iii) above and has made provisions to notify the beneficial owners of the Series 1993 Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the County shall execute and deliver' Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to any Participants requesting such II Replacement Bonds. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Series 1993 Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraph 11 and 12 of this Resolution and the Series 1993 Bonds. 8. Appointment of Bond Reqistrar and Paving Aqent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Series 1993 Bonds. The Board may appoi~t a subsequent registrar and/or one or more paying agents for the Series 1993 Bonds by subsequent resolution and upon giving written notice to the owners of the Series 1993 Bonds specifying the name and location of the principal office of any such 9. Execution of Series 1993 Bonds. II The Chairman of the registrar or paying agent. ~ I II ~ I . March 23, 1993 181 .; Board. of Supervisors and the Clerk of the Board are authorized and directed to execute appropriate negotiable Series 1993 Bonds and to affix the seal of the County thereto and to deliver the Series 1993 Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman of the Board of Supervisors and the Clerk are both by facsimile, the Series 1993 Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. CUSIP Numbers. The Series 1993 Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 11. Reqistration. Transfer and Exchanqe. Upon surrender for transfer or exchange of any Series 1993 Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Series 1993 Bond or Series 1993 Bonds of any authorized denomination in an aggregate principal amount equal to the Series 1993 Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Series 1993 Bond surrendered, subject in each case to such reasonable regulations as the County and ~ ,... 18 è March 23, 1993 the Bond Registrar may prescribe. All series 1993 Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Series 1993 Bond may be registered to bearer. New Series 1993 Bonds delivered upon any transfer ~r exchange shall be valid obligations of the County, evidencing'the same debt as the Series 1993 Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Series 1993 Bonds surrendered. 12. Charqes for Exchange or Transfer. No charge shall bel made for any exchange or transfer of Series 1993 Bonds, but the County may require payment by the registered owner of any Series 1993 Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Series 1993 Bond. 13. Non-Arbitra~e Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non-Arbitrage certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Series 1993 Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), I including the provisions of section 148 of the Code and applicable ~ ~ I I "'II1II March 23, 1993 189, regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Series 1993 Bonds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Series 1993 Bonds and that the County shall comply with the other covenants and representations contained therein. 14. Disclosure Documents,. The Chairman of the Board of Supervisors and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Series 1993 Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2- 12. 15. Further Actions. The Chairman of the Board of Supervisors and the County Administrator and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Series 1993 Bonds and all actions taken by such officers and agents in connection with the issuance and sale ~ ,... 190 March 23, 1993 ~ of the Series 1993 Bonds'are ratified and confirmed. 16. Effective Date: Applicable Law. In accordance wi th Section 15.1-227.2 of the Act, the Board of Supervisors elects to issue the Series 1993 Bonds pursuant to the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA I Supervisor Johnson moved to approve the first reading of the ordinances. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h An Ordinance Authorizinq a soecial Use Permit to Exoand an Indoor Archerv Club to Construct an Addition. Located on Timberview Road. Catawba Maqisterial District. Uoon the Petition of Giles M. Gillev. h An Ordinance to Rezone 4.75 Acres from I-2 to R-2. Located at 1701 underhill Avenue. Vinton Ma~isterialll District. Uoon the Petition of Roanoke County Planninq ~ ~ ~ 19 1 - March 23, 1993 Commission. h L, I An Ordinance Authorizinq a soecial Use Permit to Construct a Reliqious Assembl v and Communi tv Center. Located on Branico Drive. Cave Sorinq Maqisterial District. Uoon the Petition of Jitendra Desai. An Ordinance Authorizinq a Soecial Use Permit to Exoand an Existinq Church Buildinq for Sunday School Rooms and Fellowshio Hall. Located at 8269 Bradshaw Road. Catawba Maqisterial District. Uoon the Petition of Warren E. Booth. h An Ordinance Authorizinq a soecial Use Permit to Allow the Exoansion of an Existinq Church Buildinq and the Future Construction of Related Facilities. Located at 312 Azusa Street. Hollins Maqisterial District. Uoon the Petition of Azusa Street Ministries. IN RE: FIRST READING OF ORDINANCES h I Ordinance Authorizinq the Relocation of the Office of the General Reqistrar to New Office Facilities and Relocation and Establishment of a Central Absentee Voter Election District. (Paul Mahonev. County Attorney) ~ II"'" 192 March 23, 1993 Mr. Mahoney advised that this action is necessary because of the acquisition of new office facilities for County government operations. He advised that approval must be secured from the Justice Department before the relocation is implemented. Supervisor Kohinke moved to approve the first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Authorizinq the Relocation of the Castle Rock Votinq Precinct from Cave Sorinq Fire station to Cave Sorinq Junior Eiqh School. (Paul Mahonev, county II that the Roanoke County Electoral Board Attornev) Mr. Mahoney advised has recommended moving the voting place for the Castle Rock Precinct from the Cave Spring Fire station to the Cave Spring Junior High School in order to improve the parking space availability during the election due to the large number of voters. Supervisor Johnson expressed concern at the potential traffic problems at the entrances to Cave Spring Junior High School. Ms. Diane st. John, Registrar's Office, advised that a new side parking lot has been opened. Supervisor Eddy moved to approve the first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I NAYS: None ~ ~ I I "'II1II March 23, 1993 ,193 IN RE: SECOND READING OF ORDINANCES h 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 in Located Hollins the Maqisterial District. (Arnold Covey. Director of Enqineerinq Ii Insoections) 0-32393-6 There was no discussion. 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 32393-6 VACATING A 1.5-FOOT BY 5.1-FOOT PORTION ALONG THE SOUTHWEST SIDE OF A 25-FOOT SANITARY SEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE ORCHARDS SUBDIVISION (PB 13 PAGE 73) LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Fralin & Waldron, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 1.5-foot by 5.1- foot portion along the southwest side of a 25-foot sanitary sew- er/drainage easement located on Lot 9, Section 7 of the Orchards in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-4~2 (b) of the 1950 Code of Virginia, as amended; requires that such action be accomplished by the adoption ~ JI'" 194 March 23, 1993 ~ 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 March 9, 1993; and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 1.5-foot by 5.1-foot portion along the southwest side of a 25-foot sanitary sewer/drainage easement located on Lot 9, section 7 of the Orchards in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke Section County Circuit Court, be, and hereby is, vacated pursuant tOil 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 Fralin & Waldron, 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 associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement areall by it, its heirs, successors, or assigns. ~ ~ I I "'II1II March 23, 1993 195 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 ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CONSENT AGENDA R-32393-7 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 32393-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVI- SORS 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 23, 1993, 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 6, ~ ,... 196 March 23, 1993 inclusive, as follows: ~ 1. Approval of Minutes - February 23, 1993. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6. 3 . Approval of Bingo permi t for Back Creek Elementary School P.T.A. 4. Donation of Right-of-Way and Drainage Easement in Connection with Homeland Hills Road Improvements. 5. Authorization to Pay Certain Legal Fees Concerning Grumman Emergency ~roducts, Inc. 6. Approval of Raffle Permit for Calendar Year 1993 from vinton Moose Lodge #1121. 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 I resolution. On motion or 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 Suoervisor Eddv: (1) He commented that he had read an article in the Countv Siqnal on the salary survey. He advised that he thought the majority of the Board felt that implementation and methodology of the salary survey was the responsibility of the county I Administrator, and that the Board's actions were limited to allocating ~ ~ I I ~ March 23, 1993 197 -<' the money to be used for County employee pay raises. (2) He requested ". ," '11 (é.- ", . ¡ an update on the regional sewage treatment plant negotiations. Mr. Hodge advised that negotiations are continuing and a meeting is scheduled for Friday. Suoervisor Nickens: (1) He advised that he concurred with Supervisor Eddy's statement regarding implementation of the salary survey. Suoervisor Johnson: (1) He advised that he concurred with Supervisor Eddy's statement regarding implementation of the salary survey. (2) He requested the status of upgrading the recreation facilities at Northside High School. Mr. Hodge advised that he will have a report at the April 6th meeting. Suoervisor Minnix: ( 1) He expressed concerns that he has received from citizens about real estate signs being removed. He suggested that the staff may need to review this situation in future. (2) He reminded the Board Members that he will have an evaluation of the actions of the County Administrator and staff during the past 120 days sometime during April, and he invited the supervisors to submit topics or attend the meeting. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Item 6. The motion carried by a unanimous voice vote. h General Fund Unaoorooriated Balance ~ ,... 19 8 March 23, 1993 ~ h Caoital Fund Unaoorooriated Balance h Board Continqencv Fund ~ statement of the Treasurer's Accountabili tv oer Investments and Portfolio Policv. as of Februarv 28. 1993. h statement of Revenues and Expenditures as of Februarv 28. 1993. ~ ReÞort on Sorinq Hollow Reservoir Groundbreakinq. h ^ Reoort on Bond Pro; ects. " IN RE: RECESS At 5:,05 p.m., Chairman Minnix declared a five-minute recess. I IN RE: WORK SESSION h Joint Work Session with the Planninq Commission. Mr. Don Witt, Chairman of the Planning Commission, presented the eight prioritized objectives for 1993 which were adopted by the commission at its work session on January 19, 1993. These included: (1) Back Creek and Bonsack Community Planning Area Studies; (2) Interchange Zoning District; (3) Blue Ridge Parkway Zoning Changes; (4) Ind"ividual On-site Wastewater Treatment Plants; (5) Subdivision Ordinance Update; (6) Historic Preservation Component to the Comprehensive Plan; (7) Mountain Top Protection Plan; and (8) I (Cluster Incorporation of Additional Zoning Ordinance Districts ~ ~ ~ March 23, 1993 19 9: ' I II Overlay). Mr. witt also presented the Commission's work schedule by four quarters for 1993. Mr. Hodge pointed out that the Williamson Road Corridor is currently being developed, and there was a general discussion about this item needing immediate attention. Supervisor Johnson requested that the Williamson Road Corridor Study, which was not on the priority list, be given a higher priority. Supervisor Johnson requesteð. that consideration be given to the Planning Commission being the final authority for approval of special use permits. IN RE: EXECUTIVE SESSION At 5:55 p.m., Supervisor Nickens moved to go into Executive Session at 6:30 p.m., pursuant to the Code of Virginia Section 2.1-344 A ( 4) to discuss a personnel matter; (7) consultation wi th legal counsel and briefings by staff members pertaining to Smith Gap Land- fill contract. (3) to discuss the acquisition of real property for pu~lic utility purposes, water transmission line. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-32393-8 At 7: 05 p.m., Supervisor Johnson moved to return to open ~ II"" 20 0 March 23, 1993 session and adopt the certification Resolution. The motion carried by ~ the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 32392-8 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 Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, I 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 Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I Resolution, and carried by the following recorded vote: ~ ~ March 23, 1993 20 1 ~ NAYS: None IN RE: RECOGNITION Chairman Minnix recognized the members of Boy Scout Troop 236 who were present. They were accompanied by Lawrence Terry and Ray Eades, Troop Leaders. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES h Proþosed Amendments to the Zoninq Ordinance and County Sewer Ordinance to Allow Alternative Discharqinq Sewage Systems. (Terrv Harrinqton. Director of' Planning Ii Zoninq) II ~ Ordinance Amendinq and Reenactinq section 18-63.1 "Procedures and Fees for Issuance of Permits for Seotic Tanks. On-site Sewaqe Disoosal systems and Wells" of the Roanoke County Code to Provide for Alternative Discharqinq Sewaqe SYstems. b. Ordinance Amendinq and Reenactinq the 1992 Roanoke County Zoninq Ordinance to orovide for Alternative Discharqinq Sewaqe Systems. II Mr. Harrington advised that in September 1992, the Board instructed the Planning Commission to evaluate the ~se of Alternative ~ JI'" 20 2. Discharging Systems March 23, 1993 in Roanoke County as an option for replacing a ~ failed septic system. On March 2, 1993, following a public hearing, the Planning Commission recommended approval of the proposed amendments for these discharging systems. There were no citizens present to speak. Following discussion, Supervisor Nickens moved to approve the first reading of the amendments. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Rescindinq Resolution 11988-2 and Authorizinqll the Lease of a Portion of the Back Creek Volunteer Fire Comoanv Prooertv. (Paul Mahonev. County Attornev) This item was discussed in the afternoon session but since it was advertised for a public hearing, action was delayed until the evening session. There were no citizens present to speak. Chief Lynn Thomas, Back Creek Volunteer Fire Company, advised that he was requesting permission to rent the house located behind the Back Creek Volunteer Fire Station (Company 11). The house has been empty for four years and this is an opportunity to prevent further deterioration of the house. He advised that they have an interested potential tenant who would be willing to offset the rent by doing remodeling work on the structure. The Fire Company has agreed II to be responsible for the insurance and liability. ~ ~ II I ~ 203 March 23, 1993 Supervisor Eddy and Supervisor Johnson recommended deeding the property in fee simple to the Fire Company to avoid the continuing involvement of the County. Supervisor Nickens pointed out that the County may need the property for expansion in the future, and advised that he was concerned about the issues of liability whether or not the property was deeded to the Fire Company. Mr. Mahoney advised that in order to deed the property to the Fire Company, another ordinance would have to be prepared with a new first reading and public hearing. In response to Supervisor Nickens' request for clarification, Mr. Mahoney explained that the present draft ordinance would have to be revised if the responsibility to enter into a lease is to be delegated from the Board to the Fire Company. At the evening session, Supervisor Eddy moved to approve the first reading of the ordinance and requested that staff investigate the possibility with the Engineering Department of fee simple donation and sale to the Fire Company and report to the Board at the second reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance Amendinq and Reenactinq Section 21-202 of the Roanoke County Code Authorizinq an Increase in the Transient Occuþancv Tax from 2% to 5%. Allocatinq the ..... JI'" 20 4 C' March 23, 1993 an~ Proceeds from This Increase. and providinq for Effective Date. (Paul Mahonev. County Attornev) 0-32393-9 Mr. Mahoney advised that the 1993 session of the Virginia General Assembly adopted House Bill 38 which amended the Roanoke County Charter allowing an increase in the local Transient Occupancy Tax from 2% to 5%, and directed that the revenues from this increase be appropriated for tourism and tourism-related service~. It is estimated that this increase will generate approximately $300,000 per year. Supervisor Johnson expressed his disapproval of the General Assembly mandate that the County must direct all of these new revenues I to tourism. Supervisor Eddy also expressed concern about the mandate but pointed out that the County needs the additional revenues. Supervisor Nickens indicated that he would support the second reading because the County would be responsible for the final allocation of the revenues, and the fact that the County should act favorably on a request made of the General Assembly. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens NAYS: Supervisor Johnson ABSTAIN: Supervisor Minnix ORDINANCE 32393-9 AMENDING AND REENACTING § 21-202 OF THE I ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2% TO 5%, ALLOCATING PROCEEDS FROM THIS INCREASE, AND PROVIDING FOR AN EFFECTIVE DATE ~ ~ March 23, 1993 205 ~ WHEREAS, the 1993 session of the Virginia General Assembly adopted House Bill 38 (Chapter 3) which amended the Roanoke County Charter and this legislation was signed and approved by the Governor on February 9, 1993; and WHEREAS, notice of the proposed adoption of the ordinance enacting this legislation was advertised in the "Roanoke Times and World News" on February 23, 1993, and March 2, 1993; and WHEREAS, the first reading and public hearing on the adop- tion of this ordinance was held on March 9, 1993, and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That § 21-202, Levied: rate, of Article IX, Transient Occupancv Tax of Chapter 21, Taxation of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 21-202. Levied; rate. I There is hereby imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equi valent to t'iliO (2) five (5) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt owed by the transient to the county which is ex- tinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground at the time the rent is paid. If the rent is paid in installments, a propor- tionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. 2. That the revenues derived from this three (3%) percent ~ JI'" 2.0 6 March 23, 1993 from ~ increase in the transient occupancy tax shall be appropriated time to time by the Board of Supervisors for tourism and tourism- related services, as determined by the Board in its discretion. 3. That this ordinance shall be in full force and effect from and after July 1, 1993. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Sup~rvisors Kohinke, Eddy, Nickens NAYS: Supervisor Johnson ABSTAIN: Supervisor Minnix h Ordinance Authorizinq a soecial Use Permit to constructll a Private stable on a Portion of a 10.5 Acre Parcel. located at 4712 Keaqy Road. Windsor Hills Maqisterial District. Uoon the Petition of Nelson B. and Brenda Z. Greene. (Terrv Harrinqton. Director of Planninq Ii Zoninq) 0-32393-10 Mr. Harrington advised that the petitioners are asking to build a horse barn for their private use. The property is zoned R-1 and a special use permi t is' required for a private stable. The Planning commission recommended approval of the request. There was no discussion and no ci tizens were present to speak. Supervisor Eddy moved to adopt the ordinance. The motion I carried by the following recorded vote: ~ ~ March 23, 1993 207 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32393-10 GRANTING A SPECIAL USE PERMIT TO NELSON B. AND BRENDA Z. GREENE TO CONSTRUCT A PRIVATE STABLE ON A PORTION OF A 10. 5-ACRE PARCEL LOCATED AT 4712 KEAGY ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Nelson B. and Brenda Z. Greene have filed a peti- tion to construct a private stable on a portion of a 10.5-acre parcel located at 4712 Keagy Road in the Windsor Hills Magisterial Dist.rict; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virgin- I ia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permi t for the construction of a private stable on a portion of a 10.5-parcel located at 4712 Keagy Road in the Windsor Hills Magisteri- al District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to I Nel'son B. and Brenda Z. Greene to construct said private stable. 0 n motion of Supervisor Eddy to adopt the 'ordinance, and carried by the .....1 JI'" 20 8 March 23, 1993 following recorded vote: ~ AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Authorizinq a Soecial Use Permit to Erect a Self-suooortinq Communication Tower on a Portion of a 718.72 Acre Parcel. Located Aooroximatelv One Mile Southwest of the Intersection of Indian Grave Road and U. S. 220. Cave Sorinq Maqisterial District. UDon the petition of Cellular One. (Terrv Harrinqton. Director of Planninq Ii zoning) 0-32393-11 Mr. Harrington advised that this is a request for a Special II 120' self-supporting Use Permit for Cellular One to construct a communication tower on Buck Mountain. The Planning Commission recommended approval with five conditions: (1) The height of the tower shall be no more than ~90 ft. (2) The microwave dish shall be no greater than 70 ft, to be measured at the centerline of the dish. (3) The location of the tower shall be in accordance with the concept plan. (4) There shall be no lighting from the tower. (5) The finish of the tower shall be a neutral color such a galvanized steel. Supervisor Eddy suggested that Condition #2 be clarified by adding the words "in height" after 70 ft. Ed Natt, Attorney representing Cellular One, was present to There was no discussion and no citizens were present toll answer any questions. ~ ~ I I ~ March 23, 1993 20 9 speak. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 32393-11 GRANTING A SPECIAL USE PERMIT TO CELLULAR ONE TO ERECT A SELF-SUPPORTING COMMUNICATION TOWER ON A PORTION OF A 718.72-ACRE PARCEL LOCATED APPROXIMATELY ONE MILE SOUTHWEST OF THE INTERSECTION OF INDIAN GRAVE ROAD AND U. S. 220, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Cellular One has filed a petition to erect a self- supporting communication tower on a portion of a 718. 82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors ~of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 ~ JI'" 210 March 23, 1993 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the~ 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Cellular One to erect a self-supporting communication tower on a portion of a 718.82-acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District subject to the following amended conditions: (1) The height of the tower shall be no more than 90 ft. (2) The microwave dish shall be no greater than 70 ft. in height to be measured at the centerline of the dish. (3) The location of the tower shall be in accordance withll the concept plan. (4) (5) There shall be no lighting from the tower. The finish of the tower shall be a neutral color such as galvanized steel. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: EXECUTIVE SESSION At 7:35 p.m., Supervisor Nickens moved to go into Executive Session pursuant to Code of Virginia section 2.1-344 A (4) to discuss a personnel matter; (7) consultation with legal counsel and briefingsll by staff members pertaining to smith Gap Landfill contract. The motion ~ ~ I I "'II1II March 23, 1993 211 carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, Minnix NAYS: Supervisors Johnson, Kohinke IN RE: CERTIFICATION OF EXECUTIVE SESSION R-32393-12 At 8:33 p.m., Supervisor Nickens moved to return to 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 32392-12 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 Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia 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 ~ JI'" a1Z March 23, 1993 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 Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None IN RE: ADJOURNMENT At 8:35 p.m., Supervisor Johnson moved to adjourn to 3 p.m., Tuesday, April 6, 1993, at the Roanoke County Headquarters Library Meeting Room for Budget Work Sessions. The motion carried by al unanimous voice vote. t. ~" £ "..- I : ..i. ~ ~