HomeMy WebLinkAbout3/23/1993 - Regular
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March 23, 1993
17·1
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
March 23, 1993
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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
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March 23, 1993
IN RE:
OPENING CEREMONIES
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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.
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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.
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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
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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.
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March 23, 1993
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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.
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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)
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R-32393-2
Mr. Hodge was present to answer questions.
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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
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March 23, 1993
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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:
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AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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March 23, 1993
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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
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possible studio location.
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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
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March 23, 1993
Ms.
Hyatt advised that on March 9,
1993,
the
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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
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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
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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
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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
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March 23, 1993
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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
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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.
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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.
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The Chairman of the
registrar or paying agent.
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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
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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
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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
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March 23, 1993
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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
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March 23, 1993
Commission.
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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)
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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
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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
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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.
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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,
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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
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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
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March 23, 1993
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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
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March 23, 1993
19 9: '
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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
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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:
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March 23, 1993
20 1
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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
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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.
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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
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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
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March 23, 1993
205
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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
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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:
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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
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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.
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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
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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
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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
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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.
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