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HomeMy WebLinkAbout12/15/1992 - Regular .., ~ December 15, 1992 91-7 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. I 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 I The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was,recit~d ~ ,... 918 December 15, 1992 ~ .... 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 I I 1 .., December 15, 1992 91 9 - I I 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 .... ,... 920 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 ~ I violent crime and crime statistics in Roanoke County and Virginia. I h 1991 Water Pro;ects. (Clifford Craia. utility Director) .... ~ .., December 15, 1992 92 1 I I 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 ~ ,... 922 December 15, 1992 ~ 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 I 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 I .... ~ December 15, 1992 .., ':9'21 I I 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: I;;. ~ ,... 924 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 ..;) 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 ...... ~ I I .., .) r~ ~. ~ 925 . ~ 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. I 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. I 2. Pledqe of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the ~ ,... 926 " 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 ...... ~ I I ~ .., December 15, 1992 927 I I 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 ~ ,... '/;'1 ;.¡:¡ 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 .... ~ I I iI ---- .., December 15, 1992 928 I I 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, .... ,... ,9Z 9 ". . " December 15, 1992 ~ 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 I 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 I may be imposed with respect to the transfer or exchange of such ~ ~ .n.._.________ .., - ~- -----.--- December. 15, 1992 93 -0" Note. I I 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 _' .... ,... 93 ,1:- 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. ~ ~ I I _n_______m______.__. ______.___.., iI December 15, 1992 ~;. '''Ì- t:; ,···,9J2 , 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 I 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 I h. Authorization to' Continue the Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Proaram":~. -- ..... ,... :: g. 3~ 3 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 .... ~ I I ~ I I ~ December 15, 1992 .,. 93 4 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. ~ ,... ~3 5 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 ...... ~ I I ~ .., December 15, 1992 j 9~3 ZT6 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. I 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. I 10. 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 .... ,... ~ >93:1 ::.. December 15, 1992 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 .... ~ I I 1 .., December 15, 1992 ~ 938 I I 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 ~ ,... 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 .... t' I I .., iI 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 .... ,... ·'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 ~ ~ I I iI I I ~ 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 ~ ,... 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 ~ ~ I I .., iI 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 ~ ,... 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 I ~ .., .. :. iI 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 ~ ,... 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 .... .., iI 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 .... ,... 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 ~ ;.., ~ 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 ~ ,... 9~ J December 15, 1992 , . . ~,. ..--t..' 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 t.... ~ I I .., ªII 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 ~ ,... 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 ..... ~ I I 'ªII .., '. December 15, 1992 954 I I 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. .... ,... 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 ~ ~ I I .., '4 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: ~ ,... 9'57· 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 .... ~ I I iI .., C' . December 15, 1992 9'5 8 I I 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 .... ,... 959 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 .... ~ I I .., ~ 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. .... ,... (-~ 1"") " ~~,. - 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. .... ~ I I ~ I I .., 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 .... ,... :963 ... .:' . 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 .... ~ I I iI I I .., 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. ....1 ,... gß 5 December 15, 1992 ~ 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. ~6, - Lee B. Eddy, I I ....