HomeMy WebLinkAbout12/15/1992 - Regular
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December 15, 1992
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Roanoke County Board of. Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
December 15, 1992
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration center, this being the
third Tuesday, and the second regularly scheduled meeting of the month
of December, 1992.
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IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:03 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Annè Marie Green, Information Officer
IN RE:
OPENING CEREMONIES
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The invocation was given by John M. Chambliss, Jr.,
Assistant County Administrator. The Pledge of Allegiance was,recit~d
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December 15, 1992
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by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy added Executive Session items concerning
(1) financing for an economic development project, and (2) the
proposed consent decree with the Environmental Protection Agency
regarding the D.ixie Caverns Landfill cleanup.
Chairman Eddy added Item 13 to the Consent Agenda:
Approval of raffle permit for Roanoke County School Food
Services.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of conaratulations to Mr. , Mrs. Thomas
Elmore for Receivina the Distinauished Service
Award from the Roanoke Reaional Chamber of
Commerce. (SkiD Burkart. Commonwealth's Attornev)
R-121592-1
Mr. Elmore was present to accept the resolution from
Commonwealth's Attorney Skip Burkart.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 121592-1 OF CONGRATULATIONS TO HR. AND MRS.
THOMAS ELMORE FOR RECEIVING THE DISTINGUISHED SERVICE AWARD
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December 15, 1992
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FROM THE ROANOKE REGIONAL CHAMBER OF COMMERCE
WHEREAS, crime prevention is an important function for any
police department, and depends to a large extent on the'alertness
and responsiveness of the citizens of the area; and
WHEREAS, the Roanoke County Police Department encourages the
residents of the County to assist the Department in preventing
and solving crime; and
WHEREAS, Tom and Esta Elmore, residents of Roanoke County,
were recently instrumental in assisting the Police Department in
arresting four people who were suspected of stealing automobiles;
and
WHEREAS, Mr. and Mrs. Elmore not only responded to the
suspicious acti vi ty by notifying the police, but also became
involved with locating the suspects and detaining them until the
police were able to make arrests; ,and
WHEREAS, Mr. and Mrs. Elmore were recently honored by the
Roanoke Regional Chamber of Commerce for their actions, and
received the 1992 Distinguished Service Award from the Chamber. ,
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby extends its
congratulations to TOM AND ESTA ELMORE for the recognition which
they received from the Regional Chamber; and
FURTHER, BE IT RESOLVED, that the Board also extends its
thanks to Mr. and Mrs. Elmore for their willingness to be
involved in assisting the Police Department in their duties.
On motion of Supervisor Nickens, and carried by the
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December 15, 1992
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Recoanition of "Extra Mile Club" Members for their
CUstomer service Efforts. (Anita Hammerstrom.
Trainina Coordinator)
Ms. Hammerstrom reported that 187 nominations had been
received from May 1, 1992 through October 30 1992 from citizGhs,
employees and Board Members who wished to recognize employees who
went the "extra mile" in providing customer service. She
introduced those present who were recipients of this award.
IN RE:
BRIEFINGS
~ Presentation from the Secretary of Public Safety
on violent Crime and an Anti-Drua Grant.
(RandolDh ROllins. Secretary of Public Safety for
the Commonwealth of Virainia)
Lindsay G. Dorrier, Jr., Director of the Virginia
Department of Criminal Justice Services, presented a replica of a
check representing an Anti-Drug Grant that was awarded to Roanoke
County several years ago, and O. Randolph Rollins,' Virginia
Secretary of Public Safety, presented a slide presentation on
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violent crime and crime statistics in Roanoke County and
Virginia. I
h 1991 Water Pro;ects. (Clifford Craia. utility
Director)
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December 15, 1992
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A quarterly update on the Spring Hollow Reservoir
project the Water Treatment Plant and Water Transmission Line was
presented by Mr. Craig and Ted Petosky, construction engineer on
the project~ Mr. Hodge was directed to set up another tour for
the Board members.
~ Roanoke Valley Resource Authority Solid Waste
Facilities. (John Hubbard. CEO. Roanoke Valley
Resource Authority)
Mr. Hubbard presented the quarterly status report. Mr.
Hodge was directed to set up a tour for the Board members.
IN RE:
NEW BUSINESS
~ Reauest from the Parks and Recreation commission
for use of the County Administration 'Center.
A-121592-2
Assistant Director of Recreation Debbie Pitts reported that
the Parks and Recreation Advisory Commission had discussed the
possibility of using the Administration Center as a recreation
facility, with specific emphasis on programs for seniors and
teenagers. The Commission also recommended that the County
develop more leisure opportunities for teenagers, and a survey of
teens indicated that they would like a teen center which could be
established at the Administration Center as well as providing
other uses. Staff recommended that the Board approve the
relocation of operations from the Odgen Center to the
Administration Center and offer for sale the Ogden Center, with
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December 15, 1992
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the proceeds used to offset the cost of moving to the Travelers
Building. The action would be contingent upon the purchase of
the Travelers Building.
The Following citizens spoke in support of this move:
(1) Fred Stephenson, 6608 Merriman Road, participant in the
senior citizen programs.
(2) Ann Shields, 4547 Summerset Drive
(3) Tony Hehn, 6606 Woodcock circle,
citizen programs and member of the customer
Committee
(4) Jean Norkus, 3402 South Park Circle, Instructor in the
Seniors Program.
(5) Lee Bl~ir , Vice Chairman of the Parks and Recreation
Commission, who presented ~ resolution of support from the Parks
and Recreation Commission.
active in senior
Service Resource
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Supervisor
recommendation.
Supervisor Nickens inquired about the relocation of Leisure
Arts to the Administration Center. Mr. Hodge responded that this
is being considered and will be brought back to the Board for
action in the future.
Supervisor Eddy stated he felt the action was premature and
a commitment should not be made before a decision on purchase of
the Travelers Building. He offered a substi tute motion that
consideration of the item be deferred until after the final item
on the agenda.
Johnson
moved
to
approve
the
staff
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December 15, 1992
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Supervisor Nickens asked the County Attorney whether the
proceeds could be used to offset the move to the Travelers
Building when the charter calls for proceeds from the sale to be
held in the capi tal account. Mr. Mahoney responded that the
funds would be kept in the capital account until used for the
capital expenses of the move. Supervisor Nickens also asked that
the Leisure Arts program at Pinkard Court be included in any
relocation.
Supervisor Johnson called for the question. Supervisor
Nickens made a substitute motion that the Leisure Arts Center be
included, but under recommendation of the County Attorney, his
motion was ruled out of order.
Supervisor Johnson moved to end the debate. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens
NAYS: Supervisor Eddy
Supervisor Eddy's motion to defer the item was defeated
by the following recorded vote:
AYES: Supervisors Kohinke, Eddy
NAYS: Supervisors Johnson, Minnix, Nickens
Supervisor Johnson's original motion to approve the
staff recommendation was amended by Supervisor Nickens, to
approve relocation of the Odgen Senior Center to RCAC, and that
staff bring back a report detailing the relocation that would
include the Leisure, Arts Center. The motion carried by the
following recorded vote:
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December 15, 1992
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
h ADDroval of Resolution for Bond AnticiDation Notes
for Recent Bond Pro;ects and Transfer of Funds for
Land Acauisition. (Diane Hyatt. Finance Director)
R-121592-3
Ms. Hyatt explained that at the Board work session on
December 1, it was decided that certain expendi't:ures should be
made prior to the sale of the General Obligation Bonds in August
1993.
The County therefore needed to issue $3,700,000 in bond
anticipation notes for this period of time.
Additionally, the
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Board should transfer $275,000 to the School for purchase of land
for a new Cave Spring High School site.
Supervisor Eddy moved to approve the resolution ar1d
transfer of funds. The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 121592-3 OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA
AUTHORIZING THE ISSUANCE AND SALE OF
BOND ANTICIPATION NOTES
The Board of Supervisors of the County of Roanoke, Virginia
(the "County"), adopted a resolution on July 14, 1992, requesting
the Circuit Court of the County to order an election to be held
on November 3, 1992, on the question of contracting a debt and
issuing general obligation capital improvement bonds in the
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December 15, 1992
maximum
aggregate
amount of $17,790,000
("Bonds").
At an
election held on November 3, 1992 (the "Election"), the voters of
the County approved the issuance of the Bonds. The Circuit Court
of the County entered an order on December 3, 1992, authorizing
the Board of Supervisors to carry out the wishes of the voters as
expressed at the Election.
The Board of Supervisors is
authorized by §15.1-227.29 of the Code of Virginia of 1950, as
amended ("Code"), to borrow money and issue notes in anticipation
of the issuance and sale of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Notes and Use of Proceeds.
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The Board of Supervisors hereby determines that it is advisable
to contract a debt and to issue and sell general obligation bond
anticipation notes in the maximum aggregate principal amount of
$3,700,000 (the "Notes") to be issued in anticipation of the
issuance and sale of the Bonds.
The issuance and sale of the
Notes is hereby authorized.
The proceeds of the Notes shall be used to pay a portion of
the costs of road improvements or other capital improvements for
the County as approved at the Election.
The Board of Supervisors elects pursuant to Section 15.1-
227.2 of the Code to issue the Bonds and the Notes under the
provisions of the Public Finance Act of 1991.
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2. Pledqe of Full Faith and Credit.
The full faith and
credit of the County are hereby irrevocably pledged for the
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December 15, 1992
payment of the principal of and interest on the Notes as the same
become due and payable. The Board of Supervisors shall levy an
annual ad valorem tax upon all property in the County, subject to
local taxation, sufficient to pay the principal of and interest
on the Notes as the same shall become due for payment unless
other funds are lawfully available and appropriated for the
timely payment thereof.
3. Details of the Notes. The Notes shall be issued upon
the terms established pursuant to this Resolution and upon such
other terms as may be determined in the manner set forth in this
Resolution. The Notes shall be issued in fully registered form,
shall be dated January 1, 1993, or such other date as the County
Administrator may approve, shall be in the denominations of
$5,000 each or whole multiples thereof and shall be numbered from
N-1 upwards consecutively. The Notes shall mature on October 15,
1993. The Notes shall bear interest, payable at maturity at such
annual rate as the County Administrator shall approve, provided
that such interest rate shall not exceed 7% per annum and shall
be issued in such aggregate principal amount as the County
Administrator shall approve, provided that such principal amount
shall not exceed the maximum amount set forth in paragraph 1.
The Notes shall be subject, to redemption before maturity at
the option of the County in whole only at any time on or after
June 30,' 1993, without penalty or premium.
4. Form of Notes. The Notes shall be in substantially the
form attached to this Resolution as Exhibit A with such
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December 15, 1992
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appropriate variations, omissions and insertions as are permitted
or required by this Resolution or subsequent resolution of the
Board of Supervisors. There may be endorsed on the Notes 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.
The Finance Director of the County shall determine whether
the Notes shall be issued in certificated or book-entry-only
form. The following provisions shall apply to the Notes if the
Notes are issued in book-entry-only form. The Notes 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 Notes and immobilized
in the custody of DTC. One fully registered Note in typewritten
or printed form for the principal amount of the Notes shall be
registered to Cede & Co. Beneficial owners of the Notes shall
not receive physical delivery of certificates representing such
ownership. Principal and interest payments on the Notes shall be
made to DTC or its nominee as registered owner of the Notes on
the applicable payment date.
Transfer of ownership interest in the Notes shall be made by
DTC and its participants (the "Participants"), acting as nominees
of the beneficial owners of the Notes 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
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December 15, 1992
Resolution or the Notes 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 Notes (the "Replacement Notes") shall be issued
directly to beneficial owners of the Notes, as appropriate,
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 Notes; 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 County or the beneficial owners of the Notes not
to continue the book-entry system of transfer.
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 appropriate officers of
the county shall execute and deli ver Replacement Notes
substantially in the form set forth in Exhibit A attached hereto
to the Participants. In the event the Board of Supervisors, in
its discretion, makes the determination noted in (iii) above and
has made provisions to notify the beneficial owners of the Notes
by mailing an appropriate notice to DTC, the appropriate officers
of the- County shall execute and deliver Replacement Notes
substantially in the form set forth in Exhibit A attached hereto
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December 15, 1992
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to any Participants requesting such Replacement Notes. Principal
of and interest on the Replacement Notes shall be payable as
provided in this Resolution and in the Notes and such Replacement
Notes will be transferable in accordance with the provisions of
paragraphs 8 and 9 of this Resolution and the Notes.
5. ADDointment of Bond Reqistrar and pavinq Aqent. The
County Administrator is authorized and directed to appoint a
Registrar and Paying Agent for the Notes, which Registrar and
Paying Agent may be an officer of the County.
6. Execution of the Notes. The Chairman and the Clerk of
the Board of Supervisors are authorized and directed to execute
appropriate negotiable Notes and to affix the seal of the County
thereto and to deliver the Notes to the purchaser or purchasers
thereof upon payment of tb.e applicable purchase price. The
manner of execution and affixation of the seal may be by
facsimile, provided, however, that if the signatures of the
Chairman and the Clerk are both by facsimile, the Notes shall not
be valid until signed at the foot thereof by the manual signature
of the Registrar.
7. CUSIP Numbers. The Notes shall have CUSIP
identification numbers printed thereon. No such number shall
constitute a part of the contract evidenced by the Note 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
off icer or agent of the County, by reason of any inaccuracy,
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December 15, 1992
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error or omission with respect to such numbers.
8.
Reqistration. Transfer and Exchanqe.
Upon surrender
for transfer or exchange of any Note at the principal office of
the Registrar, the County shall execute and deliver and the
Registrar shall authenticate in the name of the transferee or
transferees a new Note or Notes, as appropriate, of any
authorized denomination in an aggregate principal amount equal to
the security surrendered and of the same form as the security
surrendered, subject in each case to such reasonable regulations
as the County and the Registrar may prescribe.
All Notes
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
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the County and the Registrar, duly executed by the registered
owner or by his or her duly authorized attorney-in-fact or legal
representative. No Note may be registered to bearer.
New Notes delivered upon any transfer or exchange shall be
valid obligations of the County, evidencing the same debt as the
Notes surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same
extent as the Notes surrendered.
9.
Charqes for Exchanqe or Transfer.
No charge shall be
made for any exchange or transfer of the Notes, but the County
may require payment by the registered owner of any Note of a sum
sufficient to cover any tax or other governmental charge which
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may be imposed with respect to the transfer or exchange of such
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December. 15, 1992
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10. Non-Arbitraqe 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 Notes 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"), including the provisions of Section 148 of.: the
Code and applicable regulations relating to "arbi trage bonds 0 "
The Board of Supervisors covenants on- behalf of the County that
the proceeds from the issuance and sale of the Notes wi-II be
invested and expended as set forth in the County's Non-Arbitrage
Certif icate and Tax Covenants, to be deli vered simul taneously
with the issuance and delivery of- thé Notes and that the County
shall comply with the other covenants and representations
contained therein.
11. Disclosure Documents: Sale of Notes.
The Notes shall
be offered for sale in such manner as the County Administrator
may determine to be in the best interests of the· County. The.
County Administrator and the Finance Director, 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 and
deliver an appropriate notice of sale, preliminary official
statement, official statement and' such other offering or
disclosure documents as ei ther of. them may deem necessary to _'
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December 15, 1992
expedite the sale of the Notes. The county Administrator and the
Chairman of the Board of Supervisors, or either of them are
authorized and directed to execute such official statement. The
notice of sale, preliminary official statement or statements,
official statement or statements or other documents shall be
published in such publications and distributed in such manner and
at such times as the Finance Director shall determine. The
Finance Director of the County is authorized and directed to d$em
the preliminary official statement "final" for purposes of
Securities and Exchange Commission Rule 15c2-12.
The County Administrator is authorized and directed to
accept the bid or proposal for the purchase of the Notes which
results in the lowest true interest cost to the County, provided
that the interest rate on th~ Notes does not exceed the maximum
rate set forth in paragraph 3.
12. Further Actions. The County Administrator and the
Finance Director 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 Notes and all actions taken by such officers and
agents in connection with the issuance and sale of the Notes are
ratified and confirmed.
13. Filinq of Resolution. The County Attorney is
authorized and directed to file or cause to be filed a certified
copy of this Resolution wi th the Circui t Court of the County
pursuant to Sections 15.1-227.9 and 15.1-227.42 of the Code.
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December 15, 1992
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, 14.
Effective Date.
This Resolution shall take effect
immediately.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~. Reauest for' ADDroDriation to. Fund Enaineerina
Consultant for Reaional Wastewater Treatment
Facilities. (Clifford craia. utility Director)
A-121592-4
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Mr-. Craig advised that: the firm of Finkbeiner, Pettis· and
Strout (FPS) has been selected to represent the City of Salem,
Counties of Botetourt and Roanoke and Town of vinton in
negotiations with the City of Roanoke for the upgrade of the
Regional Wastewater Treatment Facility.
Roanoke County's share
will not exceed $13,000.
He requested an appropriation of
$13,000 from the money available in the Starkey Sewer Pump
Station Project to fund the engineering contract with FPS.
Supervisor Johnson moved to approve the appropriation
of funds. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
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h. Authorization to' Continue the Sanitary Sewer
Evaluation/Rehabilitation
(SSE/R)
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December 15, 1992
Private PrODerty InSDection (Clifford Craia.
utility Director)
A-121592-S
Mr. craig reported that the inspections were
accomplished on. a street by street basis, starting at the highest
elevation and working down to the lowest elevation, and included
inspections on Oriole Lane, Chaparral Drive, Flamingo Drive,
Mallard Drive, Bobolink Lane and Wood Warbler Lane. Staff
identified 16 homes with problems, ten homes which would require
correction and one which would require $5,000 $8,000 to
correct. The major cause of the Inflow/Infiltration was poor
grading of the yard and driveway areas of the property. Staff
recommended that the Board authorize the continuation of the
private portion of the SSE/R program, and that authorization be
given to staff to require property owners to correct the cause of
excessive I/I from their property within nine months of
notification. Mr. Craig explained that the current ordinance
includes $1,000 per day fine and jail time, with possible
termination of sewer.
Supervisor Nickens inquired who would enforce the ordinance,
and County Attorney Paul Mahoney advised it would be the local
courts.
Michael Shaver, 3763 Hummingbird Lane, pointed out that the
residents receiving the sewer backup already have to pay the
expenses for cleanup.
Supervisor Nickens moved to approve continuation of the
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December 15, 1992
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private property SSE/R·Program, and that staff bring back options
on penalties for violations. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: DISCUSSION ON LEGISLATIVE REQUESTS
Mr. Mahoney was directed to bring back a document
incorporating the May 1992 legislative requests to the January 4,
1993 meeting with the Roanoke Valley legislators. Supervisor
Nickens requested that the social Services' requests be included
and requested time on the January 4, 1993 agenda to discuss the
requests prior to the meeting with the legislators.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
and set the public hearing for January 26, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
.L.
Ordinance Authorizino a SDecial Use Permit to
Allow Summer Concerts. Located in Vallevoointe.
Hollins Maaisterial District. UDon the Petition of
The Easter-Seal Society of VA.
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December 15, 1992
INRE:
APPOINTMENTS
~. Mental Health services of the Roanoke Valley
Community Services Board.
Supervisor Nickens nominated Cherie Hartman as an at-
large member. Her term will expire on December 31, 1995.
IN RE:
CONSENT AGENDA
R-121592-6
Supervisor Nickens moved to adopt the Consent Agenda
with item 13 added, and Item 3 and Item 4 removed for separate
votes. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
. NAYS:
None
Supervisor Eddy moved to accept Item 3.
The motion
carried by the fOllowing recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
Supervisor Nickens moved to approve Item 4 after
discussion. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 121592-6 APPROVING AND CONCURRING
IN CERTAIN ITEKS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
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December 15, 1992
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AS ITEK K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for December 15, 1992, designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 13,inclusive, as follows:
10 Approval of Minutes - October 27, 1992, November
17, 1992.
2. Confirmation of Committee Appointment to the
Roanoke County Planning Commission~
Acknowledgement of Acceptance
Larson Lane and O. 20 Miles of
into the Virginia Department
Secondary System.
4. Authorization to Pay Certain Legal Fees regarding
Litigation with Grumman Emergency Products, Inc.
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3.
of 0.20 Miles of
Larson Oaks Drive
of Transportation
5. Recommendation to appoint the County Administrator
as Director of Emergency Services and Realignment
of Emergency Management Staff.
6. Approval of a Raffle Permit for 1993 from the
Women of the Moose Roanoke Chapter #1022.
7. Donation of a Drainage Easement in Connection with
Carriage Hills Drive in Section 4, Carriage Hills
Subdivision from Louis W. & JoAnn M. Komosa.
8.
9.
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11.
Donation of a Drainage Easement in Connection with
the Balsam Drive Drainage Project.
Acceptance of Sanitary Sewer Facilities Serving
Emerald Court Subdivision.
Acceptance of Water and Sanitary Sewer Facilities
Serving the Village, Phase II.
Acceptance of Water and Sanitary Sewer Facilities
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Serving Woodbridge, section 12.
12. Request for Appropriation of Funds for Wooded
Acres Water System.
13. Approval of Raffle Permit and 50/50 Raffle Permit
from Roanoke County School Food Service Chapter
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens with the addition of item 13
and items 3 and 4 removed for separate votes, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
Item 3 on motion of Supervisor Eddy, and carried by the
following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
Item 4 on motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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December 15, 1992
~ 938
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SUDervisor Nickens: (1) He asked Mr. Hodge to contact
Dr. Mccomas, President, VPI&SU, for an update on the potential
loss of a County 4-H agent. (2) He asked staff for a written
update on Bushdale Road.
SUDervisor Kohinke: (1) He announced he had used the
freeloader and expressed appreciation to staff. (2) He advised
that he plans to meet with Keith Cook regarding the salary
survey. (3) He expressed appreciation for being invited to the
employee luncheon.
SUDervisor Eddy: (1) He advised that Joyce Waugh,
Economic Development Specialist was featured in the Blue Ridge
Regional Journal. (2) He asked about a report on the audit of
the machinery and tools tax. Mr. Hodge will bring back a report
in January 1993. (3) He announced th~t Roanoke City had
approved the boundary adjustment on Vineyard Park. Mr. Mahoney
advised that the County will have to approve this action and it
will be brought back after it is signed by the city. ( 4) He
presented thank you comments as Chairman of the Board for 1992.
IN RE:
REPORTS
Supervisor Minnix moved toc, receive and file the
following reports. The motion carried by a unanimous voice vote.
~ General Fund UnaDDroDriated Balance
L. CaÐital Fund UnaÐÐrOÐriated Balance
~ Board Continaency Fund
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939
December 15, 1992
L..
Accounts Paid - November 1992
h statement of the Treasurer's Accountability Der
Investments and Portfolio POlicy as of November
30. 1992.
~ AcceDtance of Resolution of SUDDort from the
Roanoke Valley Convention' Visitor's Bureau for a
Blue Ridae Reaion Visitor's Information center.
~ ReDort on 1993 Real Estate Assessments
IN RE:
EXECUTIVE SESSION
At 5:40 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (1) to consider a personnel matter and (3) to consider the
acquisition of real estate for public purpose; (7) consultation
with legal counsel and briefings by staff regarding contract
negotiations requiring legal advice, contract negotiations with
Roanoke City; financing for an economic development project; and
the proposed Consent Decree with EPA regarding the Dixie Caverns
Landfill. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-121592-7
At 7: 05 p.m. Supervisor Nickens moved to adopt the
Certification Resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinkè, Mínnix, Nickens, Èddy
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December 15, 1992
.~ 9-4t:O
NAYS:
None
RESOLUTION 121592-7 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.
I
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
..
identif ied in the motion convening the executive meeting were
l
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt the Certification
I
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
....
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·'9'4:-1
December 15, 1992
IN. RE:
PUBLIC HEARINGS
~ Amendment to Roanoke County Charter Section 2.02.
Taxina Powers. Relatina to Taxes on Hotel/Motel
Rooms. (Paul Mahoney. County Attorney)
R-121592-8
Mr. Mahoney reported that these amendments would
increase the :~uthority to levy and collect taxes on hotel and
motel rooms from 2% to 6% if approved by the General Assembly.
David Saunders, 3019 Winterberry Drive, S. W. spoke in
support of using the increased taxes for tourism, and suggested
one-half of the increase be spent on the Explore Project and the
other half on the Convention and Visitors Bureau.
Supervisor Nickens moved to set the tax at 6%. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 121592-8 REQUESTING THE GENERAL ASSEMBLY TO
AMEND THE CHARTER FOR THE COUNTY OF ROANOKE
WHEREAS, the Board of Sup~rvisors of Roanoke County,
Virginia, has complied with the provisions of § 15.1-835 of the
1950 Code of Virginia, as amended; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, hereby requests the General Assembly to amend the
existing Charte~of the County of Roanoke.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
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December 15, 1992
. ;942
of Roanoke County, Virginia, hereby requests the General Assembly
for the Commonwealth of Virginia to amend the Charter of the
County of Roanoke as follows:
1 . § 2 . 02 . Taxing powers. -- In addi tion to the powers
granted by other sections of this charter and general laws, the
county shall have the power to raise annually by taxes and
assessments, as permitted and limited by genera law, in the
county such sums of money as the board of supervisors shall deem
necessary to pay the debts and defray the expenses of the county
in such manner as the board of supervisors shall deem expedient.
In addition to, but not as a limitation upon, this general grant
of power the county shall have power to levy and collect ad
valorum taxes for admission to or other charge for any public
amusement, entertainment, performance, exhibition, sport or
athletic event in the, county, which taxes may be added to and
collected with the price of such admission or other charge; to
levy and collect taxes on hotel and motel rooms not to exceed ~
peroent !il:::::::::::IIEElñi of the amount charged for the occupancy
thereof; to levy and collect taxes on the sale of meals,
including nonalcoholic beverages, only as provided for by general
law and such tax shall apply also to food prepared on premises
and sold to take out, such tax is subject to limitations as may
be imposed by general law; to levy and collect privilege taxes,
local general retail sales and use taxes as provided by law;
unless prohibited by law, to require licenses, prohibit the
conduct of any business, profession, vocation or èalling without
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94'3 December 15, 1992
such license, require taxes to be paid on such licenses in
respect of all businesses, professions, vocations and callings
not exempted by prohibi tion of general law; to franchise any
business or calling so as to protect the public interest; and to
require licenses of all owners of vehicles of all kinds or the
privilege of using the streets and other public places in the
county, require taxes to be paid on such licenses and prohibit
the use of streets, alleys and other public places in the county
without such license; provided notwithstanding any contrary
provision of this charter the county shall not levy any tax on
other than those taxes specially authorized in Title 58.1 of the
\
Code.
In addition to the other powers conferred by law, the County
of Roanoke shall have the power to impose, levy, and. collect, in
such manner as its board may deem expedient, a consumer or
subscriber tax at a rate or rates not exceeding those authorized
by general law upon the amount paid for the use of gas,
electricity, telephone, and any other public utility service
within the county, or upon the amount paid for anyone or more of
such public utility services, and may provide that such tax shall
be added c to and collected with bills rendered consumers and
subscribers for such services.
2. That the Clerk to the Board shall transmit a certified
copy of this resolution to the members of the General Assembly
representing Roanoke County.
3. That this resolution shall be effective immediately
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December 15, 1992
" >
94 4
upon its adoption.
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
h SDecial Use Permit to ODerate a Debris FilIon
2.15 Acres. Located on the South Side of Route 11
and
460
ADDroximatelY
.3
Mile
from
its
Intersection with Pleasant Run Drive. Catawba
Maaisterial District. UDon the Petition of Samuel
I
R. Carter. III.
(Terry Harrinaton. Plannina ,
Zonina Director)
R-121592-9
Mr. Harrington reported that in July 1989, Samuel
Carter applied for and received approval for a special use permit
to operate a debris landfill until December 31, 1992 with the
intent of filling the site so that it would become suitable for
future development.
He is now requesting an extension of the
permit until December 31, 1995 to provide a suitable lot for
future development. The Planning Commission recommended approval
with conditions.
Lynwood Allen, 5531 Scenery Drive, Salem, expressed concern
because the petitioner has not lived up to the conditions
II approved in 1989, and advised that the trees were only planted
recently.
Ed Natt, Attorney for the Petitioner, reported that
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945
December 15, 1992
~
the landfill is 60% filled, and that the reason the trees aren't
serving as a buffer is because the landfill is in a hole.
Supervisor Nickens moved to approve the special use permit
with conditions and told Mr. Allen to contact him if the landfill
is not being covered.
The motion carried by the fOllowing
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens
NAYS:
Supervisor Eddy
RESOLUTION 121592-9 GRANTING A SPECIAL USE PERMIT TO
SAMUEL R. CARTER. III TO OPERATE A DEBRIS FILL ON 2.15-
ACRE TRACT LOCATED ON THE SOUTH SIDE OF ROUTE 11 AND
460 APPROXIMATELY .3 MILE FROM ITS INTERSECTION WITH
PLEASANT RUN DRIVE, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Samuel R. Carter, III, has filed a petition to I
operate a,debris fill on 2.15 acres, located on the south side of
Route 11 and 460 approximately .3 mile from its intersection with
Pleasant Run Drive in the Catawba Magisterial District; and
WHEREAS, the Planning commission held a public hearing on
this matter on December 1, 1992; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a public hearing on this matter December 15, 1992.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. 'That the Board finds that the granting of a special
exception permit for the location and operation of a debris fill
on 2.15 acres, located on the south side of Route 11 and 460
approximately .3 mile from its intersection with Pleasant Run
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December 15, 1992 94 6
Drive in the Catawba Magisterial District is substantially in
accord with the adopted 1985 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 until
December 31, 1995, to Samuel R. Carter III to operate said
debris fill subject to the following amended conditions:
a. The material to be landfilled shall be limited to
broken concrete, asphalt, brick, block, dirt, and stone
only.
b. A fast growing evergreen species (such as Leyland
I
cypress) shall be planted along Route 460 where the
active areas are evident from the road.
c.
Any rubble material (broken concrete, block, brick or
asphalt) shall be covered at least once a month.
d. The operator of the landfill shall instruct personnel
to access the site from the Dixie Caverns Exit on I-81
and discourage U-turns on US Route 460.
e. The hours of landfilling activity shall be undertaken
only between the hours of 7:30 a.m. and 5:30 p.m.,
Monday through Saturday.
I
f. When the landfilling operation ceases, site will not be
left with areas exceeding 2:1 slope (2 horizontal to 1
vertical).
3.
That this ordinance shall be in full force and effect
thirty ( 30) days after its final passage.
All ordinances or
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94 7
December 15, 1992
~
parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens
NAYS: Supervisor Eddy
R. PUBLIC HEARING AND SECOND READING OF ORDINANCES
~
An Ordinance Amending the Zonina District MaDS for
Roanoke county bY < the Repeal of the Old zonina
District MaDS and by AdoDtina and Reenacting the
1992 Zonina District Ma~s to ImDlement the
Provisions of the New Zonina Ordinance. (Terry
Harrinaton. Plannina , Zonina Director)
I
0-121592-10
Mr. Harrington reported that a public review process on
the zoning maps began on October 19, and six community open
houses were held. The Planning commission held a pUblic hearing
on November 1 with additional work sessions on November 10 and
17. Approximately 130 comments were received on the draft maps.
Mr. Harrington also advised that they have reviewed memos and
comments from board members and the National Park Service, and
they were recommending changes to four parcels adjacent to the
parkway.
The following citizens spoke:
I
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December 15, 1992
94':8
I
1. steve Claytor . P.O.
questions regarding two parcels.
and adjusted.
2. william Brown. 3850 Harborwood Road. was opposed to the
change of 50 acres from AG to R-1.
3. Ellen Holtzman. 3511 Forester Road. S. W. was concerned
about a 50 foot strip that was rezoned from R-1 to C-1.
4. Garland Slayton. 4309 'Cresthill Drive. requested that
land adjacent to the creek remain R-1.
5. Paul Bell. 2705 Hillbrook Drive. expressed concern about
traffic conditions on Cresthill Drive.
6. J. B. Goria. 5260 Crossbow circle. requested a change
from C-1 to C-2 for property on Route 419 across from Promanade
Park.
Box 70069. Roanoke, who had
Mr. Harrington had investigated
I
7. Helen Emyart. 5755 Crystal Creek Drive. asked for a
clarification of the zoning for Crystal Creek. Mr. Harrington
responded that the property is currently RE.
8. Len Boone. 5006 Huntinq Hills Square. was concerned
about property adjacent to the Parkway being changed to
agricultural.
Supervisor Nickens moved to adopt the ordinance with
the following changes: (1) Holtzman property remains R-1; (2)
Bill Brown property is AG-3; (3) 419 property across Promenade
Park becomes C-2; (4) Property across from william Byrd High
School is zoned AG-3; (5) Roanoke County Occupational School
property is zoned C-1; (6) Gorman Howell property is zoned
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94·-9', December 15, 1992
AG1/AR; (7) Mullins property is zoned C-2; and (8) Maps 1, 10,
~
11, and 12 (from Terry Harrington memorandum) be zoned AG-1, and
(9) that staff meet with the Parkway officials to discuss their
requests. The motion carried by the fOllowing recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 121592-10 AMENDING THE ZONING
DISTRICT MAPS FOR ROANOKE COUNTY BY THE
REPEAL OF THE OLD ZONING DISTRICT HAPS AND BY
ADOPTING AND REENACTING THE "1992 ZONING
DISTRICT MAPS (MASTER SET #1)" TO IMPLEMENT
THE PROVISIONS OF THE NEW ZONING ORDINANCE
WHEREAS, on August 25, 1992, the Board of Supervisors of
Roanoke County, Virginia adopted Ordinance 82592-12 which adopted
and reenacted a new zoning ordinance for Roanoke County; and,
I
WHEREAS, the adoption of new zoning district maps is a
critical and necessary component to implement the provisions of
the new zoning ordinance; and,
WHEREAS, the Roanoke County Planning commission and staff
have held six "community open house" meetings throughout the
County to provide ci tizens wi th an opportuni ty to review the
proposed zoning district maps; the Planning Commission has held
two public work sessions to review comments received on the
proposed zoning district maps; and the Planning Commission has
also held public hearings on November 2, 1992, and December 1,
1992, on the adoption of the proposed zoning district maps; and,
WHEREAS, the Roanoke County Planning Commission has publicly
I
reviewed and discussed all comments received on the proposed maps
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December 15, 1992
\, ·:1.
950
and has recommended approval of the ordinance adopting the zoning
district maps to the Board of Supervisors of Roanoke County,
Virginia; and,
WHEREAS, legal notice and advertisement has been provided as
required by
law;
and display
advertisements
and
legal
advertisements were published on November 17 and 24 and December
4 and 9, 1992, to notify the citizens of the dates and times of
Planning Commission and Board of Supervisor's public hearings.
WHEREAS, the first reading of this ordinance was held on
November 17, 1992, and the second reading and public hearing was
held on December 15, 1992.
I
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning district maps of Roanoke County,
Virginia are hereby repealed, and that the "1992 Zoning District
Maps (Master Set #1) of Roanoke County, Virginia" are hereby
adopted and reenacted with chanqes made at the Board of
SUDervisors Public Hearinq held on December 15. 1992. as the
zoning district maps for Roanoke County, Virginia.
2. That the real estate and the district classification
thereof shall be as shown on the map or maps designated as the
"1992 Zoning District Maps (Master Set #1) of Roanoke County,
I
Virginia," dated and signed by the Chairman of the Board of
Supervisors and attested by the Clerk to the Board of
Supervisors, upon adoption.
This zoning district map or maps,
and all notations, dimensions, references and symbols shown
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December 15, 1992
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thereon pertaining to such districts shall be as much a part of
the Zoning Ordinance as is fully described herein and shall be
filed as part of the Zoning Ordinance. said map or maps shall be
available for public inspection in the office of the Zoning
Administrator for Roanoke county, Virginia.
This map together'
with subsequent applicable amendments shall be conclusive as to
the current zoning status of real estate.
3. That said map or maps are attached hereto and
incorporated herein by reference.
4. That this ordinance shall be in full force and effect
from' and after December 31, 1992.
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES~
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
h An Ordinance Amendina the Roanoke County Code by
Creatina a seDarate Classification of Tanaible
Personal Prooerty: Motor Vehicles for Disabled
Veterans. (Paul Mahoney. County Attorney)
0-121592-11
Mr. Mahoney reported that this ordinance came about
because of a request from a citizen to allow disabled veterans to
pay a reduced personal property tax.
It is estimated that this
will result in a revenue loss of $18,000.
Mr. Mahoney advised
that there are 18 separate classifications authorized in the Code
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December 15, 1992
'9"52
of Virginia that could receive similar treatment and that the
classification is not subject to any "needs" analysis.
staff
recommended denial of the proposed ordinance.
Alan Douglas Hunter, 2916 Laurel Glenn, Road, Vinton and
Robert R. Mitchell, 3311 Dawn Circle spoke in support of the
ordinance.
Supervisor Nickens questioned whether the ordinance could be
restricted to permanently and totally disabled veterans. Mr.
Mahoney responded in the negative and advised that a change would
require enabling legislation.
Supervisor Kohinke advised he
opposed the ordinance because many disabled veterans do not need
I
this decrease in personal property taxes.
Supervisor Johnson moved to approve the ordinance with
no percentages used in the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Minnix, Nickens, Eddy
NAYS:
Supervisor Kohinke
ORDINANCE 121592-11 AMENDING THE ROANOKE COUNTY CODE BY
CREATING A SEPARATE CLASSIFICATION OF TANGIBLE PERSONAL
PROPERTY: MOTOR VEHICLES FOR DISABLED VETERANS
WHEREAS, Section 58.1-3506 identifies a series of items of
property, and declares each to be a separate class of property,
constituting a classification for local taxation separate from
other classifications of tangible personal property; and,
I
WHEREAS, one motor vehicle owned and regularly used by a
disabled veteran, subject to certain qualifications, is one such
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953
December 15, 1992
classification; and,
WHEREAS, the governing body may levy a tax on the property
enumerated in this section at different rates from the tax levied
on other tangible pers~nal property, and the rates of tax and the
rates of assessment shall not exceed that applicable to the
general class of tangible personal property; and,
WHEREAS, the first reading of this ordinance was held on
December 1, 1992, and the second reading and public hearing of
this ordinance was held on December 15, 1992.
NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That Article II. "Taxes on personal property". of
Chapter 21. "Taxation" is hereby amended by the addition of a new
Section 21-21, ExemDtions-Other Classifications of Tanqible
Personal Property.
~ The items of propertv set forth below are each declared
to be a seDarate class of DroDerty and shall constitute a
classification for local taxation seDarate from other
classifications of tanqible Dersonal DroDertv Drovided in this
Article:
.lL. One motor vehicle owned and reqularlY used bv a
veteran who has ei ther lost. or lost the use of. one or both
leqs. or an arm or a hand. or who is blind or who is permanently
and totally disabled as certified by the Department of Veteran's
Affairs. In order to QualifY the veteran shall Drovide a written
statement to the commissioner of revenue or other assessing
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December 15, 1992
954
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officer from the DeDartment of Veteran's Affairs that the veteran
has been so desiqnated or classified by the Department of
Veteran's Affairs as to meet the requirements of this section.
and that this disability is service-connected.
For purDoses of
this section a Derson is blind if he meets the Drovisions of ~
46.2-739.
~ The Board of Supervisors mav levv a tax on the Droperty
enumerated in subsection A at different rates from the tax levied
on other tanqible Dersonal DrODerty.
The rates of tax and the
rates of assessment shall not exceed that aDDlicable to the
qeneral class of tanqible Dersonal DroDerty.
~ For the tax year commencinq Januarv 1. 1993. and for
all tax years thereafter. unless otherwise chanqed. the rate of
taxation on the DroDertv enumerated in subsection A shall be at a
percentaqe of the rate of tax aPDlicable to the qeneral class of
tanqible Dersonal Dropertv to be established annuallY.
2. That this ordinance shall be in full force and effect
from and after January 1, 1993.
On motion of Supervisor Johnson with no percentage set in
ordinance, and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Nickens, Eddy
Supervisor Kohinke
~ An Ordinance to Amend Conditions on AÞDrOximatelV
1.516 Acres to Permit Construction of an Auto
Parts Facility. Located Between 3727 and 3773
Challenaer Avenue. Hollins Maaisterial District.
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955
December 15, 1992
UDon the Petition of Webb-stevenson Co. (Terrv
Harrinaton. Plannina , Zonina Director)
0-121592-12
Mr. Harrington reported that the petitioner is
requesting removal of conditions placed on the property in 1987
to allow Advance Auto to locate a retail store.
Supervisor Nickens moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 121592-12 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A 1.516-ACRE
TRACT OF REAL ESTATE LOCATED BETWEEN 3727 AND
3773 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-
2.1 AND 2.6) IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF B-
2, GENERAL COMMERCIAL DISTRICT (CONDITIONAL),
TO THE ZONING CLASSIFICATION OF B-2, GENERAL
COMMERCIAL DISTRICT (AMENDMENT TO PROFFERS)
UPON THE APPLICATION OF WEBB-STEVENSON CO.
WHEREAS, the first reading of this ordinance was held on
November 17, 1992, and the second reading and public hearing was
held December 15, 1992; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on December 1, 1992; and,
WHEREAS, legal notice and advertisement has been provided as
required by law; and
WHEREAS,
this property was rezoned from Residential
District to B-2, General Commercial District, with proffered
conditions, in 1987; and
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December 15, 1992
95-6
BE IT ORDAINED by the Board of Supervisors
of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing 1.516 acres, as described herein, and located
between 3727 and 3773 Challenger Avenue (Tax Map Nos. 50.01-1-2.1
and 2.6) in the Hollins Magisterial District, is hereby changed
from the zoning classification of B-2, General Commercial
District (Conditional), to tt..e zoning classification of B-2,
General Commercial District, with no proffered conditions.
2. That this action is taken upon the application of Webb-
stevenson Co.
I
3. That the owner has requested the following amendment to
proffered condi tions approved by the Board of Supervisors in
1987, which the Board of Supervisors hereby accepts:
(a) B 2 zoning to cxcludc pUBlic Billiard parlor and
poolroomD, golf dri~in~ rangc, flca mar]cctD and dance halla.
(B) ThcDe two lotD Ghall havc Dharcà aCCCDD to the curs cut
on Route 460.
(c) Dcvclopmcnt of the cntire tract ~ill De ~ithin
reGtrictionD aD propoGcà for rcrimctcr EaDt Commcrce rar)c.
(ThcDC rCDtrictionD arc pcrformancc standarda that dcal \lÌth
Dmoke, duat, odor, gaGCD, noiDc, glarc, cxterior li~htißg,
viBrationD, radiation, and ~aatc) .
4. That said real estate is more fully described as follows:
I
A 1. 516-acre tract of land known as New Lot 3A and 3B,
Resubdivision for Jack F. Walrond, Jr., being a
Resubdivision of Lot 3, Perimeter East Commerce Center,
Phase 1, and being a portion of the land conveyed to said
owner by Thomas F. and Kathryn M. Davis by deed dated March
31, 1987, and recorded in the Clerk's Office of the Circuit
Court of Roanoke County in Deed Book 1259, page 1702, being
more particularly described as follows:
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December 15, 1992
BEGINNING in the southern right-of-way of Challenger Avenue
(U.S. Route 460) and the most southern corner of a tract of
land conveyed to Nancy G. Creasy, et al., in will Book 38,
page 729 of the Roanoke County Deed Records; thence, wi th
Challenger Avenue N. 35 deg. 20' 19" E. 293.15' to an iron
pin set; thence S. 51 deg. 38' 49" E. 301.60' to an iron pin
set; thence S. 38 deg. 21' 11" W. 224.01' to an iron pin
set; thence with the north line of said Creasy tract N. 65
deg. 44' 53" W. to the Point of Beginning, and containing
1.516 acres as drawn by T. P Parker & Son, September 7,
1988.
5. 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 shall be, and the same hereby are, repealed.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
S.
SECOND READING OF ORDINANCES
~ An Ordinance authorizina the Acauisition of 3.395
acres
of
County
Office
Real
Estate.
for
Facilities. ADDrovina the Lease of Offices.
AODroDriatina Funds Therefor. Authorizina the
Manner
of
Tax
Financinq.
ExemDt
Declarino
Reimbursement Intention. and Such Other Measures
As Mav Be Reauired to AccomDlish This proiect.
(Paul M. Mahoney. County Attorney)
0-121592-13
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December 15, 1992
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The following citizens spoke in opposition to this
ordinance, stating, the citizens did not have an opportunity to
vote through a bond referendum, and that there was not enough
information given to the public prior to this action:
1. Babs Paige, Crystal Creek Drive, Roanoke
2. ,Lela Spitz, 1971 Oak Drive Extension, Salem, who
spoke representing the County Coalition.
3. William E. Emyart, 5155 Crystal Creek Drive,
Roanoke
4. Carole B. Terp, 5140 Appletree Drive, Roanoke
5. Don Terp, 5140 Appletree Drive, Roanoke
6. Athena Burton, 3622 Larson Lane, S. W., Roanoke
J. R. Jones, 629 Devonshire Drive, Vinton spoke in
support of the issue.
Jim Johnson, Wheat First Securities, Richmond,
described the use of Industrial Development Authority Revenue
Bonds to purchase the building. He explained that lease/revenue
bonds are used for essential projects to a locality. In response
to a question from Supervisor Nickens, he stated he thought it-
was fiscally more sound to lease an existing building than to
contract for a new building and then lease it.
Supervisor Nickens moved to adopt the ordinance with
two changes on page 1 and 2.
Chairman Eddy asked that
audience come to the lecturn.
asked for a point of order.
a citizen speaking from the
Supervisors Kohinke and Nickens
Chairman Eddy asked the County
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December 15, 1992
Attorney for advice, and Mr. Mahoney recommended that the point
of order be listened to. Supervisor Kohinke pointed out there
was a motion on the floor, but Chairman Eddy responded that
Robert's Rules did not address allowing comment from the audience
following a motion.
Mr. Mahoney advised that typically after a motion is made,
the debate is limited to the legislative body. He felt that this
was tradition and' practice in all governing bodies up to the
united States Congress. Chairman Eddy allowed the citizen, Don
Terp, to speak.
Supervisor Minnix announced that he supported the lease of
the Travelers Building because he felt that the continuation of
renting space was not a wise use of taxpayers money.
Supervisor Eddy announced that he had voted against this
action on November 17 and December 1. However, County staff,
based on information from bond advisers, have advised that lower
debt service costs might be obtained' if there are no negative
votes on the proposal. Because of this potential saving in debt
service costs, he planned to abstain rather than oppose the
issue.
Supervisor Nicken's motion carried by the following recorded
vote:
AYES:
NAYS:
ABSTAIN:
Supervisors KOhinke, Minnix, Nickens
None
Supervisor Johnson, Eddy
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December 15, 199~
960)
ORDINANCE 121592-13 AUTHORIZING THE ACQUISITION OF
3.395 ACRES OF REAL ESTATE (TAX MAP PARCEL NUMBER
87.07-3-8) FOR COUNTY OFFICE FACILITIES, APPROVING THE
LEASE OF OFFICES, APPROPRIATING FUNDS THEREFOR,
AUTHORIZING THE MANNER OF TAX EXEMPT FINANCING,
DECLARING REIMBURSEMENT INTENTION, AND SUCH OTHER
MEASURES AS HAY BE REQUIRED TO ACCOMPLISH THIS PROJECT
WHEREAS, on November 17, 1992, the Board of Supervisors of
Roanoke County, Virginia ("County") approved the acquisition of
certain real estate identified as the "Traveler's Building" for
the purpose of relocating County administrative offices from the
Roanoke County Administration Center; and,
WHEREAS, this relocation of County offices would eliminate
the necessity of leasing private office space for certain County
I
operations at the Brambleton Corporate Center; and,
WHEREAS,
this transaction would
increase
operational
efficiencies, acquire a facility which addresses future growth
needs of the County, eliminate rental expenses, improve working
conditions, and improve service to County citizens; and,
WHEREAS, the County has determined that it is necessary or
desirable to advance money to pay the costs of acquiring,
rehabilitating and equipping certain real estate and improvements
thereon. to renovate existinq facilities of the Countv and the
Roanoke County School Board to provide office space ("Project")
and to reimburse such advances with proceeds of one or more
financings; and
WHEREAS, the first reading of this ordinance was held on
II December 1, 1992, and the second reading of this ordinance was
held on December 15, 1992.
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96 1
, December 15, 1992
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA:
1. That the acquisition of 3.395 acres of real estate and
improvements thereon in the Cave Spring Magisterial District of
Roanoke County, Virginia, located at 5204 Bernard Drive (Tax Map
Parcel Number 87.07-3-8) for the purchase price of $2,400,000
from the Western National Life Insurance Company is hereby
authorized and approved.
2. lsl That it is approved and authorized for the County
to undertake renovations and imDrovements to facilities of the
County and to facilities of the Roanoke Countv School Board.
after approval bv the School Board as to its facilities.
(aR) That it is further approved and authorized for
the County to enter into lease agreements for said real estate
and improvements with the Roanoke County Industrial Development
Authority for the purpose of securing appropriate tax exempt
financing for this Project. The total amount of financing for
this Project shall not exceed the sum of $4,750,000.
(h£) The financing through the Authority shall not be
a general obligation of the County as to which its full faith and
credit are pledged, but shall be structured as a limited
obligation of the County payable solely from certain revenues or
as an obligation requiring an annual appropriation by the Board
of Supervisors of the County, or a combination of the two, as the
County Administrator and Director of Finance in their discretion
shall deem appropriate.
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December 15, 1992
96'2
3. That the sum of $350,000 is reserved from the general
fund unappropriated fund balance which, in addition to the
available County debt drop-off, will address the estimated
operating shortfall for FY 1993-94.
4 . The Board of Supervisors adopts this paragraph as a
declaration of official intent under U. S. Treasury Regulations
Section 1.103-18. The Board of Supervisors reasonably expects to
reimburse advances made or to be made by the County to pay the
costs of acquiring, rehabilitating and equipping the Project from
the proceeds of its debt or the proceeds of the Authority's
revenue bonds. The maximum amount of debt or other financing
expected to be issued for such purpose is $4,750,000.
5. That the County Administrator is authorized to select
an Underwriter to assist officials of the County in structuring
the financing for this Project through the Authority and
providing for the issuance and sale of the Authority's revenue
bonds on behalf of the county in an aggregate principal amount
not to exceed $4,750,000. The county Administrator is authorized
and directed to negotiate and execute and deliver a Bond Purchase
Agreement with the Underwriter, providing for the sale and
delivery of the Authority's revenue bonds on behalf of the County
regarding the matters approved herein upon terms and conditions
to be approved by subsequent resolution or ordinance of the
Board.
6. The County Administrator, and such officers and agents
of the County as he may designate, are authorized and directed to
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December 15, 1992
take such further action as they deem necessary to accomplish the
purposes of this Ordinance and to assist the Authority in
structuring the financing on the county's behalf and with the
issuance and sale of the Authority's revenue bonds, all upon
approval as to form by the County Attorney. All actions taken by
such officers and agents in connection with the matters approved
herein are hereby ratified and confirmed.
The County Administrator, and such officers and agents of
the County as he may designate, are hereby authorized and
directed to assist the Authority in the preparation and
distribution of an appropriate preliminary official statement,
official statement, and such other disclosure documents as may be
necessary to expedite the sale of the Authority's revenue bonds
on behalf of the County, and such officers are authorized to
execute and deliver such disclosure documents as may be necessary
or appropriate.
7. That this ordinance shall be in full force and effect
from and after December 15, 1992.
8. Beginning no later than 30 days after the adoption of
this ordinance and ending on the date on which the debt or other
financing is issued, this ordinance will be reasonably available
for inspection by the general pUblic during normal business hours
at the office of the County Administrator.
On motion of supervisor Nickens,
and carried by the
following recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens
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December 15, 1992
96'4
NAYS: None
ABSTAIN: Supervisors Johnson, Eddy
IN RE:
NEW BUSINESS
~ Environmental Protection Aaency Consent Decree for
Dixie Caverns Landfill CleanuD. (Paul Mahoney.
County Attorney)
Mr. Mahoney reported that the County had received the
final version of the Consent Decree from the Environmental
Protection Agency. He requested that the Board authorize the
County Administrator to execute the decree. He further advised
that Roanoke Electric Steel will also be a signatory to the
decree.
Supervisor Eddy moved that the County Administrator be
authorized to sign .the Consent Decree presented by the EPA,
subject to concurrence by Roanoke Electric Steel. The motion
carried by the following recorded vote:
AYES: Supervisors Minnix, Nickens (under protest), Eddy
NAYS: Supervisors Johnson, Kohinke
h citizen Comment at PUblic Hearinas
Supervisor Nickens requested that Mr. Mahoney bring
back to the January 4, 1993 organization' meeting proposed rules
that would limit citizen comment following a motion.
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December 15, 1992
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IN RE:
ADJOURNMENT
At 10:25 p.m., Supervisor Johnson moved to adjourn to
9:30 a.m. on December 31, 1992, at the Salem City Council
Chambers. The motion carried by a unanimous voice vote.
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Lee B. Eddy,
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