HomeMy WebLinkAbout8/27/1991 - Regular
596
Auqust 27, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
August 27, 1991
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the fourth Tuesday, and the second regularly
scheduled meeting of the month of August, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:10 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson, Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. Hubbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Samuel Crews, Coopers
Cove Baptist Church. The Pledge of Allegiance was recited by all
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Auqust 27, 1991
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present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHAKGE THE ORDER OF
AGEKDA ITEMS
Supervisor Eddy asked that adoption of the resolution
authorizing the issuance and sale of General Obligation Water
System Bonds be moved to the evening session after Public Hearing
891-2.
There was no Board consensus to change the order.
Supervisor Johnson added item 4 under New Business, a resolution
supporting improvements to Alternate Route 220. Supervisor Nickens
asked for an EPA report on the Dixie Caverns landfill during
Executive Session.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AKD AWARDS
~ Resolution of AÞÞreciation to Bern Ewert for his
contributions to Roanoke County and the Roanoke.
Valley
R-82791-1
Mr. Ewert was present to receive the resolution. Supervisor
Nickens moved to adopt the resolution. The motion was carried by
the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 82791-1 OF APPRECIATION TO H. BERN' EWERT
FOR CONTRIBUTIONS TO ROANOKE COUNTY AKD THE ROANOKE VALLEY
WHEREAS, H. Bern Ewert has made significant
contributions to the Roanoke Valley, including the beautification
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Auqust 27, 1991
of Downtown Roanoke, the renovation of the City Market Building,
the creation of the Explore Park, and the Roanoke River Greenway
Master Plan; and
WHEREAS, Mr. Ewert has received a number of awards for
his work as a City Manager and civic leader, including the
Innovative Manager of the Year Award from the International City
Managers' Association and the Man of the Decade Award from the
Roanoke Jaycees; and
WHEREAS, Mr. Ewert was an important part of the
Roanoke County team during the 1989 All America City
presentation, and his contribution was instrumental in helping
the County win that Award; and
WHEREAS, the people of the Roanoke Valley will remain
indebted forever to Mr. Ewert for his foresight and his
dedication to the preservation of the scenic beauty of the area.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors, on its own behalf, and on behalf of the
citizens of Roanoke County, does hereby extend its deepest
appreciation and gratitude to H. BERN' EWERT for the contributions
he has made to Roanoke County and the Roanoke Valley; and further
BE IT RESOLVED, that the Roanoke County Board of
Supervisors extends its best wishes for the continued success of
Mr. Ewert in all his future endeavors.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
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Auqust 27, 1991
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NAYS:
None
~ Recoanition of Paul Grice for receivina his
desianation as a Certified Public Accountant.
Assistant Director of Finance Paul Grice was present to be
recognized for this accomplishment.
IN RE:
NEW BUSINESS
~ ReÞort on Year-end Finances
County Administrator Elmer Hodge reported that this was
the first full year that the School and County Finance
Departments had been consolidated. Finance Director Diane Hyatt
advised that the County expects to have a $680,000 balance and
the schools a balance of $592,429 when the books are closed. The
schools have recommended that their balance be spent on roof
repairs, purchase of school buses and modifications to Cave
Spring Junior High School. However, Mr. Hodge recommended that
the entire amount be reserved until the 1992-93 budget process.
Supervisor Eddy suggested that the schools be allowed to
spend their balance immediately on school repairs and roof
projects. However, Ms. Hyatt advised that the money would not be
available until the audit was completed. Dr. Bayes Wilson was
present and reported he had a list of recommended roof repairs.
Supervisor Johnson felt that the school and county staff
should receive a bonus with the funds since they did not receive
salary increases.
August 27, 1991
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No action was taken, and Supervisor Johnson asked Mr. Hodge
to bring back a report to a future board meeting on using the
surplus for mid-year employee raises.
~ AdoÞtion of resolution authorizina the issuance
and sale of $15.000.000 General Ob1iaation Water
System Bonds.
R-82791-2
Finance Director Diane Hyatt reported that in 1986, a
referendum was held for the issuance of $15 million in General
Obligation Bonds for the Spring Hollow Reservoir Water Supply and
$1 million for acquisition of private water systems. The $1
million has been issued, and the remaining $15 million need to be
issued for the water project. Debt service and closing costs
will be paid from the revenues generated by the increase in the
utility consumer tax. Ms. Hyatt advised that conditions are
favorable for going to the bond market, and she estimated an
interest rate of seven percent.
The following citizens spoke in opposition to issuance of
the bonds:
1. Don Terp, 5140 Apple Tree Drive, representing Concerned
citizens of the Roanoke Valley. He asked that the project be
delayed for six months for additional study and reevaluation.
2. Jim Graves, 2121 Cantle Lane S. W., stated that the
majority of the citizens he spoke to were opposed to the
reservoir, and asked for a delay of six month to reassess the
project.
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August 27, 1991
Supervisor Johnson pointed out that the project had been
studied since 1971 and he felt that economic conditions make the
projects even more viable at this time.
Supervisor Eddy stated he felt that the Board needed to be
absolutely certain this was the right project before going
forward. He moved to defer action on this resolution until after
the public hearing on the revenue bonds (891-2) during the
evening session.
Supervisor Nickens offered a substitute motion to adopt the
resolution. The motion was carried by the following recorded
vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
RESOLUTION 82791-2 AUTHORIZING THE ISSUANCE AND SALE OF
THE COUNTY OF ROANOKE, VIRGINIA $15,000,000 GENERAL
OBLIGATION WATER SYSTEM BONDS SERIES 1991
The issuance of the $16,000,000 general obligation bonds of
the County of Roanoke, Virginia ("County") was authorized by
resolution of the Board of Supervisors ("Board") adopted on July
22, 1986, and approved at an election held in the County on
November 4, 1986 ("Election") for the purpose of paying all or a
portion of the cost of acquiring, constructing, developing and
equipping a public water supply and related facilities, including
a dam and reservoir ("Project") of which $1,000,000 in bonds have
been issued. The board has determined that it is advisable to
issue the remaining authorized bonds in an aggregate principal
Auqust 27, 1991
60 2
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amount of $15,000,000 ("Bonds").
The circuit Court of the County entered an order on November
19, 1986, authorizing the Board to carry out the wishes of the
voters as expressed at the Election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board
hereby determines that it is advisable to contract a debt and to
issue and sell the Bonds in an amount of $15,000,000 pursuant to
the Election. The issuance and sale of the Bonds is hereby
authorized. The proceeds from the issuance and sale of the Bonds
shall be used to pay the costs of the Project. In accordance
with section 15.1-227.2 and 15.1-227.65 of the Code of Virginia
of 1950, as amended ("Virginia Code"), the Board elects to issue
the Bonds pursuant to the provisions of the Public Finance Act of
1991.
2. Pledae of Full Faith and Credit. The full faith and
credit of the County are hereby irrevocably pledged for the
payment of the principal of, premium, if any, and interest on the
Bonds as the same become due and payable. The Board shall levy
an annual ad valorem tax upon all property in the County, subject
to local taxation, sufficient to pay the principal of, premium,
if any, and interest on the Bonds as the same shall become due
for payment unless other funds are lawfully available and
appropriated for the timely payment thereof.
3. Sale of Bonds. The Board authorizes the sale of the
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Auqust 27, 1991
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Bonds in an aggregate principal amount of $15,000,000 to Alex
Brown & Sons Incorporated, as underwriter ("Underwriter"). The
County Administrator and the Chairman of the Board, or either of
them, are authorized and directed to execute and deliver a Bond
Purchase Agreement with the Underwriter, providing for the sale
and delivery of the Bonds upon terms and conditions to be
approved by such officers, provided that (i) the true interest of
the Bonds shall not exceed 9%; (ii) the final maturity of the
Bonds shall not be later than 30 years from their date; and (iii)
the sale price of the Bonds to the Underwriter shall not be less
than 97% of the aggregate principal amount thereof. The approval
of such officers shall be evidenced conclusively by the execution
and delivery of the Bond Purchase Agreement.
4. Details of Bonds. The Bonds shall be issued upon the
terms established pursuant to this Resolution and the Bond
Purchase Agreement or such other terms as may be set forth by
subsequent resolution of the Board. The Bonds shall be issued in
fully registered form, shall be dated October 1, 1991, shall
mature serially in the years and amounts set forth in the Bond
Purchase Agreement, shall bear interest payable semi-annually at
the rates set forth in the Bond Purchase Agreement, shall be in
the denominations of $5,000 each or whole multiples thereof and
shall be numbered from R-l upwards consecutively. The Bonds
shall be subject to optional redemption on the terms set forth in
the Bond Purchase Agreement.
5. Forms of Bonds. The Bonds shall be in substantially
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the form attached to this Resolution as Exhibit A, with such
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 Bonds such
legend or text as may be necessary or appropriate to conform to
any applicable rules and regulations of any governmental
authority or any usage or requirement of law with respect
thereto.
6. ADDointment of Bond Reaistrar and pavina Aaent. The
Treasurer of the County is appointed Bond Registrar and Paying
Agent for the Bonds.
The Board may appoint a subsequent registrar and/or one or
more paying agents for the bonds by subsequent resolution and
upon giving written notice to the owners of the Bonds specifying
the name and location of the principal office of any such
registrar or paying agent.
7. Book-Entry-onlv Form. The Bonds shall be issued in
fully registered form and registered in the name of Cede & Co., a
nominee of The Depository Trust Company, New York, New York
(ltDTC") as registered owner of the Bonds, as immobilized in the
custody of DTC. One fully registered Bond in typewritten or
printed form for the principal amount of each maturity shall be
registered to Cede & Co. Beneficial owners of Bonds shall not
receive physical delivery of the Bonds. Principal, premium, if
any, and interest payments on the Bonds shall be made to DTC or
its nominee as registered owner of the Bonds on the applicable
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Auqust 27, 1991
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payment date.
Transfer of ownership interest in the Bonds shall be made by
DTC and its participants ("Participants"), acting as nominees of
the beneficial owners of the bonds, in accordance with rules
specified by DTC and its Participants. The County shall notify
DTC of any notice required to be given pursuant to this
Resolution or the Bonds not less than fifteen (15) calendar days
prior to the date upon which such notice is required to be given.
The County shall also comply with the agreements set forth in the
County's letter of representations to DTC.
Replacement Bonds (the "Replacement Bonds") shall be issued
directly to beneficial owners of Bonds rather than to DTC, or its
nominee, but only in the event that:
(i) DTC determines not to continue to act as
securities depository for the Bonds; or
(ii) The County has advised DTC of its determination
that DTC is incapable of discharging its duties; or
(iii) The County has determined that it is in the best
interest of the beneficial owners of the bonds 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 County shall execute
and deliver Replacement Bonds substantially in the form set forth
in Exhibit A attached hereto to the Participants. In the event
Auqust 27, 1991
606
the Board, in its discretion, makes the determination noted in
(ii) or (iii) above and has made provisions to notify the
beneficial owners of Bonds by mailing an appropriate notice to
DTC, the appropriate officers and agents of the County shall
execute and deliver Replacement Bonds substantially in the form
set forth in Exhibit A attached hereto to any Participants
requesting such Bonds. Principal of, premium, if any, and
interest on the Replacement Bonds shall be payable as provided in
the Bonds and such Replacement Bonds will be transferable in
accordance with the provisions of paragraphs 10 and 11 of this
Resolution and the Bonds.
8. Execution of Bonds. The Chairman of the Board and the
Clerk of the Board are hereby authorized and directed to execute
appropriate negotiable Bonds in the aggregate principal amount of
$15,000,000, and to affix the seal of the County thereto. The
manner of execution and affixation of the seal may be by
facsimile, provided, however, that if the signatures of the
Chairman and Clerk are both by facsimile, the Bonds shall not be
valid until signed at the foot thereof by the manual signature of
the Bond Registrar.
9. CUSIP Numbers. The Bonds shall have CUSIP
identification numbers printed thereon. No such number shall
constitute a part of the contract evidenced by the Bond on which
it is imprinted and no liability shall attach to the County, or
any of its officers or agents by reason of such numbers or any
use made of such numbers, including any use by the County and any
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Auqust 27, 1991
officer or agent of the County, by reason of any inaccuracy,
error or omission with respect to such numbers.
10. Reaistration. Transfer and Exchanae. Upon surrender
for transfer or exchange of any Bond at the principal corporate
trust office of the Bond Registrar, the County shall execute and
deliver and the Bond Registrar shall authenticate in the name of
the transferee or transferees a new Bond or Bonds of any
authorized denomination in an aggregate principal amount equal to
the Bond surrendered and of the same form and maturity and
bearing interest at the same rate as the Bond surrendered,
subject in each case to such reasonable regulations as the County
and the Bond Registrar may prescribe. All Bonds presented for
transfer or exchange shall be accompanied by a written instrument
or instruments of transfer or authorization for exchange, in form
and substance reasonably satisfactory to the County and the Bond
Registrar, duly executed by the registered owner or by his or her
duly authorized attorney-in-fact or legal representative. No Bond
may be registered to bearer.
New Bonds delivered upon any transfer or exchange shall be
valid obligations of the County, evidencing the same debt as the
Bonds surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same
extent as the Bonds surrendered.
11. Charaes for Exchanae or Transfer. No charge shall be
made for any exchange or transfer of Bonds, but the County may
require payment by the registered owner of any bond of a sum
Auqust 27, 1991
608
sufficient to cover any tax or other governmental charge which
may be imposed with respect to the transfer or exchange of such
Bond.
12. Non-Arbitraae certificate and Tax Covenants. The
appropriate officers and agents of the County 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 Bonds and containing such covenants as may be necessary in
order to comply with the provisions of the Internal Revenue Code
of 1986, as amended ("Code"), including the provisions of Section
148 of the Code and applicable regulations relating to "arbitrage
bonds." The Board covenants on behalf of the County that the
proceeds from the issuance and sale of the Bonds will be invested
and expended as set forth in the County's Non-Arbitrage
certificate and Tax Covenants, to be delivered simultaneously
with the issuance and delivery of the Bonds and that the County
shall comply with the other covenants and representations
contained therein.
13. Disclosure Documents. The County Administrator, and
such officers and agents of the County as he may designate, are
hereby authorized and directed to prepare, execute and deliver,
as appropriate, a preliminary official statement, an official
statement, and such other disclosure documents as may be
necessary to expedite the sale of the Bonds. The preliminary
official statement, the official statement or other disclosure
documents shall be published in such publications and distributed
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Auqust 27, 1991
in such manner and at such time as the County Administrator, or
such officers or agents of the County as he may designate, shall
determine.
14. Further Actions. The County Administrator, and such
officers and agents of the County as he may designate, are
authorized and directed to take such further action as they deem
necessary regarding the issuance and sale of the Bonds and all
actions taken by such officers and agents in connection with the
issuance and sale of the Bonds are hereby ratified and confirmed.
15. Filina of Resolution. The appropriate officers or
agents of the County are authorized and directed to file a
certified copy of this Resolution with the Circuit Court of the
County of Roanoke, Virginia pursuant to Sections 15.1-227.9 and
15.1-227.42 of the Virginia Code.
16. Effective Date. This Resolution shall take effect
immediately.
On substitute motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: Supervisor Eddy
~ Reauest from School Board for Acceþtance of
Federal Entitlement Funds for vocational
education.
A-82791-3
There was no discussion. Supervisor Nickens moved to
appropriate $115,711 to the School Operating Fund for vocational
Auqust 27, 1991
61 0
education. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
~ AdoÞtion of Resolution su~Þortina imÞrovements to
Alternate Route 220.
R-82791-4
Supervisor Johnson moved to adopt the resolution. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
RESOLUTION 82791-4 REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION EXPEDITE
IMPROVEMENTS TO ALTERNATE ROUTE 220
WHEREAS, since November 1990, four people have died in
traffic accidents on Alternate Route 220 and plans to four-lane
the road are not scheduled until 1993, and
WHEREAS, immediate improvements to this road have been
delayed until final plans for a bypass east of Roanoke that would
connect Interstate 81 and U. S. 220 South, and
WHEREAS, State Transportation Board member Steve Musselwhite
has requested that the Virginia Department of Transportation
expedite improvements to the road.
THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia supports Mr. Musselwhite's request, and
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Auqust 27, 1991
asks that improvements to Alternate Route 220 be expedited to
alleviate a dangerous situation, and
FURTHER, the Board of Supervisors requests that the speed
limit on Alternate Route 220 remain at 45 miles per hour until
such improvements have been accomplished.
On motion of Supervisor Johnson, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
Supervisor Johnson asked for a joint work session with
the Board of Zoning Appeals. Mr. Hodge scheduled the work
session for September 10, 1991.
IN RE: PUBLIC HEARING AKD FIRST READING OF ORDINANCES _
CONSENT AGEKDA
~ An ordinance to rezone 4.647 acres from R-3 to B-
2 for aeneral commercial use. located on the south
side of Peters Creek Road at its intersection with
Barrens Road. Hollins Maaisterial District. uÞon
the Þetition of FriendshiÞ Manor AÞartment villaae
CorÞoration.
Supervisor Nickens moved to approve first reading and set
the public hearings for September 24, 1991. The motion was
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carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
Supervisor Nickens asked County Attorney Paul Mahoney to
study the possibility of separating the second reading and the
public hearings for rezonings.
IN RE:
FIRST READING OF ORDINANCES
~ ordinance amendina the Roanoke County Code.
Article II. Virainia Statewide Fire Prevention
Code of ChaÞter 9. Fire Prevention and Protection.
THere was no discussion. Supervisor Nickens moved to
approve first reading of the ordinance. The motion was carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Ordinance to authorize acauisition of a sanitary
sewer easement from H. M. and Learleen D.
Obenchain.
utility Director Clifford Craig reported that the staff has
offered the owner $1,400 for the easement. The owner will not
accept the offer and demands $2,000. Staff recommended
authorization to acquire the easement at $2,000 in order to
expedite the process and acquire the easement at the overall
lowest cost.
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Supervisor Nickens expressed concern about authorizing the
payment higher than the estimated value and felt this could set a
precedent. However, Mr. Craig advised that to go forward with
eminent domain would cost the County more than $2,000.
Supervisor Eddy moved to approve first reading of the
ordinance. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson,
NAYS:
Supervisor Nickens, McGraw .
IN RE:
SECOKD READING OF ORDINANCES
~ Ordinance amendina the Roanoke County Code.
Section 1-10. Classification of and Penalties for
violations: continuina violations of Chaþter 1.
General Provisions bv increasina misdemeanor
Þunishment.
0-82791-5
There was no discussion. Supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded
vote:
YES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 82791-5 AMEKDING THE ROANOKE COUNTY CODE BY
AMEKDING SECTION 1-10, CLASSIFICATION OF AKD PENALTIES
FOR VIOLATIONS: CONTINUING VIOLATIONS OF CHAPTER 1,
GENERAL PROVISIONS BY INCREASING MISDEMEANOR PUNISHMENT
WHEREAS, the 1990 session of the Virginia General Assembly
Auqust 27, 1991
614
amended section 18.2-11, Punishment for conviction of
misdemeanor, of the Code of Virginia by increasing the authorized
punishments for conviction of a misdemeanor; and
WHEREAS, the 1991 session of the Virginia General Assembly
amended Section 15.1-505, Penalties for violation of ordinances,
of the Code of Virginia by allowing the governing body of any
county to prescribe fines and other punishment for violations of
ordinances up to the amount provided for by State law; and
WHEREAS, the first reading of this ordinance was held on
August 13, 1991; and the second reading and public hearing was
held on August 27, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That section 1-10, Classification of and oenalties for
violations: continuina violations of Chapter 1, General
provisions of the Roanoke County Code be amended to read and
provide as follows:
Sec. 1-10. Classification of and penalties for violations;
continuing violations.
(a) Whenever in this Code or any other ordinance of the
county or any rule or regulation promulgated by any officer or
agency of the county, under authority duly vested in such officer
or agency, it is provided that a violation of any provision
thereof shall constitute a Class 1, 2, 3, or 4 misdemeanor, such
violation shall be punished as follows:
( 1) 0tIss 1 misdemeanor: By a fine of not more than efte
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Auqust 27, 1991
(4)
theuBand àellarB ($1,000.00) two thousand five hundred
dollars ($2,500.00), or by confinement in jail for not
more than twelve (12) months, or by both such fine and
confinement.
(2) C1a.u 2 misdemeanor: By a fine of not more than -HYe
hundred àollarB ($500.00) one thousand dollars
($1,000.00), or by confinement in jail for not more
than six (6) months, or by both such fine and
confinement.
(3) C1a.u 3 misdemeanor: By a fine of not more than five
hundred dollars ($500.00).
C1a.u 4 misdemeanor: By a fine of not more than ORe hundred
dellarB ($100.00) two hundred fifty dollars ($250.00).
* * * *
2. That this ordinance shall be in full force and effect
from and after its passage.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
~ Ordinance authorizina acquisition of a new water.
sanitary sewer and drainaae easement from Huah H.
and Maraaret H. Wells.
0-82791-6
Auqust 27, 1991
61 6
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There was no discussion. Supervisor Robers moved to adopt
the ordinance. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 82791-6 FOR AUTHORIZATION TO ACQUIRE A NEW
WATER, SANITARY SEWER AKD DRAINAGE EASEMENT FROM HUGH
H. AKD MARGARET H. WELLS
WHEREAS, citizens in the Penn Fo~est area adjacent to Cave
Spring High School have experienced low water pressure problems,
requiring improvement through an alternate system; and,
WHEREAS, in order to complete construction of a new feed
line, a water line easement is required across property owned by
Hugh H. and Margaret H. Wells; and,
WHEREAS, staff is negotiating an agreement with the property
owners for the acquisition of said easement and the payment of
consideration is requested; and,
WHEREAS, the proposed water line easement lies adjacent to
existing sanitary sewer and drainage easements, and the property
owners have requested that a new underground water, sanitary
sewer, and drainage easement be acquired by Roanoke County, to
encompass and supersede all easements for water, sanitary sewer,
or drainage purposes previously granted to the County across the
subject property by the property owners or their predecessors in
title; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs
61 7
Auqust 27, 1991
that the acquisition of real estate be accomplished by ordinance;
the first reading of this ordinance was held on August 13, 1991,
and the second reading was held on August 27, 1991.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1. That the acquisition and acceptance of a certain new
underground water, sanitary sewer, and drainage easement of
variable width from Hugh H. and Margaret H. Wells for a sum, not
to exceed $500.00, is hereby authorized and approved; and
2. That said easement shall encompass and supersede all
easements for water, sanitary sewer, or drainage purposes
previously granted to the County across the subject property by
the property owners or their predecessors in title; and,
2. That the" consideration of $500.00 shall be paid from
the funds previously appropriated by the Board of Supervisors to
the utility Department budget for utility improvements; and,
3. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary
to accomplish this acquisition, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Robers to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Ordinance authorizina the County Administrator to
Auqust 27, 1991
618
arant the riaht to ioint use of County water and
sewer easement areas bv a Þublic utility comÞanv.
0-82791-7
There was no discussion. Supervisor Nickens moved to adopt
the ordinance. The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 82791-7 AUTHORIZING THE COUNTY ADMINISTRATOR
TO GRANT THE RIGHT TO JOINT USE OF COUNTY WATER AKD
SEWER EASEMENT AREAS BY A PUBLIC UTILITY COMPANY
WHEREAS, pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, authorization to grant any right in
property, including the right to use an easement, shall be by
ordinance adopted by the Board of Supervisors; and,
WHEREAS, first and second readings are required to pass all
ordinances; and,
WHEREAS, a more orderly and expeditious procedure is desired
for reviewing, approving, and authorizing the County
Administrator to grant the right to joint use of County water and
sewer easement areas by a public utility company, in situations
where the grant is routine and noncontroversial, and would not
involve payment of consideration or significantly diminish the
County's property interest; and,
WHEREAS, a first reading of this ordinance was held on
August 13, 1991; and a second reading was held on August 27,
1991.
61 9
Auqust 27, 1991
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the rights in the subject easement
areas are hereby declared to be surplus and the form of the real
estate interest renders it unacceptable and unavailable for other
public uses; and,
2. That the County Administrator is hereby authorized to
grant the right to joint use of Roanoke County water and sewer
easement areas by a public utility company, upon review and
recommendation by the Director of the Roanoke County Department
of utilities, and upon concurrence of the Board of Supervisors by
resolution; and,
3. That said joint use is conditioned upon, and subject
to, the agreement of the public utility company to indemnify
Roanoke County and hold it harmless from any loss or damage to
its lines or other improvements caused by the public utility
company or created by its joint use of the easement area, and
that use, acceptance, and/or recordation of the joint easement
shall constitute agreement by the public utility company to this
condition; and,
4. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
County as may be necessary to accomplish the grant, all of which
shall be on form approved by the County Attorney. The County
Administrator may delegate this authority as he deems
Auqust 27, 1991
620
appropriate.
5. The effective date of this ordinance shall be August
27, 1991.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
CONSENT AGEKDA
Supervisor Johnson moved to adopt the consent agenda. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 82791-8 APPROVING AKD CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGEKDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for August 27, 1991 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 5, inclusive, as follows:
1. Confirmation of appointment to the Clean Valley
Council and the Industrial Development Authority.
2. Approval of a 50/50 Raffle Permit for the
Northside Athletic Booster Club.
3. Resolution of Appreciation upon the Retirement of
Gloria Z. Divers
62 1
AUqust 27, 1991
4.
Approval of Raffle Permit and one-day Bingo Game
for Penn Forest Elementary School PTA.
5.
Donation of sanitary sewer and drainage easements
in connection with Mountain View Estates
SUbdivision.
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 Joh~son, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 82791-8.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GLORIA Z. DIVERS
FOR EIGHTEEN YEARS AKD ELEVEN MONTHS OF SERVICES TO ROANOKE
COUNTY
WHEREAS, Gloria Z. Divers was first employed in July,
1973, as a Clerk Typist I in the Finance Department; and
WHEREAS,
Gloria Z. Divers has also served as Clerk
Estate Assessment, Clerk Typist II for
and a Permits Clerk for Engineering and
Typist I for Real
Development Review
Inspections; and
WHEREAS, Gloria Z. Divers, through her employment with
Roanoke County, has been instrumental in improving the quality of
life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses it deepest appreciation
Auqust 27, 1991
622
---_._.-
and the appreciation of the citizens of Roanoke County to GLORIA
z. DIVERS for eighteen years and eleven months of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: REPORTS AKD INQUIRIES OF BOARD MEMBERS
SuÞervisor Eddv: (1) Asked if there would be followup on
the citizen survey. Mr. Hodge advised staff will investigate the
meaning of responses on certain issues. (2) Expressed concern
about vacuum leaf collection. Mr. Hodge reported that staff is
attempting to involve volunteer organizations and the CDI Program
with the understanding that the County will serve as a referral
service only. He will bring back a report on September 10, 1991.
suÞervisor Nickens: Asked Assistant County Administrator
John Hubbard about the Department of Waste Management ranking of
smith Gap site versus Area "A ' at the current landf ill. Mr .
Hubbard responded that the Smith Gap site is ranked fourth.
Supervisor Nickens asked that a letter be sent to the current
Landfill Board asking that they request from the Department of
Waste Management an exchange in the permit ranking of Smith Gap
with the current landfill.
62.3
AUqust 27, 1991
SuÞervisor McGraw: (1) Reported that the Blue Ridge Region
study Commission met on August 26. (2) Announced that he had
been reappointed to the Grayson Commission. (3) Asked for more
information on the APCO transmission line as it relates to the
Catawba Magisterial District at the next meeting.
IN RE: CITIZENS' COMMEKTS AKD COMMUNICATIONS
~ Bruce Rov to sÞeak concernina the year-end
surÞlus.
Mr. Roy asked that the County year-end surplus be divided
among County employees.
~ Kittv Boitnott. Roanoke County Education
Association to sÞeak concernina the year-end
surÞlus.
Ms. Boitnott asked that the school year-end surplus be
divided among school employees.
IN RE:
REPORTS
Supervisor Nickens moved to receive and
following reports after discussion of Items 5 and 7.
carried by a unanimous voice vote.
~ General Fund Unaoorooriated Balance
~ Board Continaency Fund
~ Caoital Fund Unaoorooriated Balance
4. Accounts Paid - July 1991
~ Summary of Literarv Loan proiects
file the
The motion
Auqust 27, 1991
62 "
^------~~-
~------_.,-~-----_.,----------,._~_.
Supervisor Eddy asked for more detailed information and
justification for the Literary Loan projects. Mr. Hodge
responded he will meet with School Superintendent Bayes Wilson
and bring back a report on September 10, 1991.
~ Reoort from County Attorney reaardina Aooroval of
Roanoke County's Redistrictina Plan
~ Reoort on the Variance Request of C&D Builders to
the Board of Zonina Aopeals
Mr. Hodge reported that he will. bring back a report on the
September 10, 1991 meeting.
The Board members asked that
specific criteria for variance requests be given to developers
when their permits are issued.
~ Reoort on Aooalachian Power Comoany's apolication
for a 765 kV transmission line known as Wvomina-
Cloverdale Line
IN RE:
WORK SESSION
~ Privatization
This work session was continued to September 10, 1991]
IN RE:
EXECUTIVE SESSION
At 5:10 p.m., Supervisor Nickens moved to go into Executive
Session pursuant to the Code of Virginia 2.1-344 (a) (7) for
consultation with legal counsel and briefings by staff requiring
provision of legal advice regarding the Dixie Caverns landfill.
The motion was carried by the following recorded vote:
62 5
Auqust 27, 1991
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-82791-9
At 5:45 p.m., Supervisor Nickens moved to return to Open
Session and adopt the Certification Resolution.
The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 82791-9 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 executi ve meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
August 27, 1991
62 6
------"-_.-,'_.
-----..-..,.-------'-
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: RECESS
At 5:46 p.m., Chairman McGraw declared a recess for a
meeting of the Roanoke County Resource Authority.
EVENING SESSION
IN RE: PUBLIC HEARING AKD SECOKD READING OF ORDINANCES
891-1 Ordinance amendina the Roanoke County Code.
section 21-73. General Prerequisites to Grant of
Division 3. ExemÞtion for Elderlv and Disabled
Persons of ChaÞter 21. Taxation to increase the
total combined income Þrovision for real estate
tax exemÞtion for the elderlY and handica~Þed.
0-82791-10
Supervisor Johnson moved to adopt the ordinance.
Supervisor Nickens asked for the difference between the
$4,000 and $6,500 income exclusion for relatives. Management and
Budget Director Reta Busher responded that the change would
627
Auqust 27, 1991
affect about five percent of 1,400 applicants.
Ruth Moseley, 3425 Greencliff Road S. W., asked for help for
those residents who are elderly and on a fixed income.
Supervisor Nickens offered a substitute motion to adopt the
ordinance with a cap of $30,000 and $4,000 for relatives living
in the household.
The motion was defeated by the following
recorded vote:
AYES:
Supervisor Nickens
NAYS:
Supervisors Eddy, Robers, Johnson, McGraw
Supervisor Eddy offered another substitute motion to adopt
the ordinance with combined income capped at $25,000. The motion
was defeated by the following recorded vote:
AYES:
Supervisor Eddy
NAYS:
Supervisors Robers, Johnson, Nickens, McGraw
Supervisor Johnson's original motion carried by the
following recorded vote:
AYES:
Supervises Robers, JOhnson, Nickens, McGraw
NAYS:
Supervisor Eddy
ORDINANCE 82791-10 AMENDING THE ROANOKE COUNTY CODE BY
AMEKDING SECTION 21-73, GENERAL PREREOUISITES TO GRANT
OF DIVISION 3. EXEMPTION FOR ELDERLY AKD DISABLED
PERSONS OF CHAPTER 21, TAXATION TO INCREASE THE TOTAL
COMBINED INCOME PROVISION FOR REAL ESTATE TAX EXEMPTION
FOR THE ELDERLY AKD HAN'DICAPPED
WHEREAS,
Section 21-73
of the Roanoke County Code
establishes a restriction upon the total combined income for the
exemption from or deferral of real estate taxes for certain
32
Auqust 27, 1991
628
---.--.-------..
elderly or permanently and totally disabled persons; and
WHEREAS, Ordinance No. 84-232 adopted on December 18, 1984,
increased this financial restriction from $15,000 to $18,000 and
Ordinance 22388-9 adopted on February 23, 1988, increased this
financial restriction from $18,000 to $22,000; and
WHEREAS, the 1990 General Assembly for the Commonwealth of
Virginia amended section 58.1-3211 of the 1950 Code of Virginia
by increasing this financial restriction to $30,000; and
WHEREAS, the first reading on this ordinance was held on
August 13, 1991; and the second reading and public hearing was
held on August 27, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That section 21-73, General prereauisites to arant of
Division 3. Exemotion for elderly and disabled oersons of Chapter
21, Taxation be amended to read and provide as follows;
Sec. 21-73. General prerequisites to grant.
Exemptions provided for in this division shall be granted
only if the following conditions are met:
(1) That the total combined income, during the immediately
preceding calendar year, from all sources, of the owner
of the dwelling and his relatives living therein did
not exceed twenty two tboeaand dollara ($22,000.00)
thirty thousand ($30,000.00); provided, however, that
the first four thou3and dollars ($4,000.00) sixty-five
62 9
Auqust 27, 1991
hundred dollars ($6,500) of income of each relative,
other than the spouse of the owner, who is living in
the dwelling shall not be included in such total.
* * * *
2. That this ordinance shall be in full force and effect
with the 1992 tax year.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Robers, JOhnson, Nickens, McGraw
NAYS: Supervisor Eddy
891-2 Public Hearina and adoÞtion of resolution
authorizina the issuance and sale of $65.000.000
water system revenue bonds.
0-82791-11
Mr. Hodge updated the Board on the grouting and drilling at
the reservoir and reported that the staff had met with bond
insurers and financial advisors. He presented a letter from the
Roanoke City Manager advising that the city is not interested in
participating in the project, and reported that Montgomery County
has asked for more information.
Mr. Hubbard reported that interest has been expressed for
this project from allover the country, and 15 bidders have
prequalified. Finance Director Diane Hyatt advised that the sale
of bonds will be held on October 16 with ratification by the
Board of Supervisors by October 22, 1991.
The following citizens spoke in support of the issue
Auqust 27, 1991
630
thanking the Board for dealing with the issue before it became a
crisis:
1. Allen G. Trigger, 3519 Forester Road, Roanoke
2. Garnett Cox, 5016 Woodmont Drive, Roanoke
The following citizens spoke in opposition citing the cost;
encouraging the board to delay the project to look at other
alternatives; to try again to make the project a joint project
with other localities; and offering a different option at Craig
Creek.
1. W. C. Waddell, 5719 Oakland Blvd, Roanoke
2. Lou Rossi, 3023 Tamarack Trail, Roanoke
3. Jim Graves, 2121 Cantle Lane, Roanoke
4. Don Terp, 5140 Apple Tree Drive, Roanoke
5. Charles Millican, 2615 Summit Ridge Road, Roanoke
6. Ruth Moseley, 3425 Greencliff Road, Roanoke
7. David S. Courey, 3419 Ashmeade Dr., Roanoke
8. Roy Ferguson, 7020 Buckeye Road, Roanoke
9. Lela Spitz, 1971 Oak Drive Ext., Salem
Mr. Hodge responded to the Craig Creek option, reporting
that this project would take 35 homes on Route 311 and flood a
portion of the road. John Bradshaw with Hayes, Seay, Mattern and
Mattern advised that the permitting process could take an
additional ten years.
Supervisor Eddy advised that he would not support the
issuance of the $65 million revenue bonds because he felt the
alternatives should be studied in greater detail.
63 1
Auqust 27, 1991
Supervisor Nickens moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
RESOLUTION 82791-11 AUTHORIZING THE ISSUANCE AND SALE
OF THE COUNTY OF ROANOKE, VIRGINIA $65,000,000 WATER
SYSTEM REVENUE BONDS, SERIES 1991
The Board of Supervisors ("Board") of the County of Roanoke,
Virginia ("County") has determined that it is necessary for the
County to acquire, construct, develop and equip a public water
supply and related facilities, including a dam and reservoir,
water treatment facilities and distribution,
storage and
transmission facilities ("Project"), and it is necessary and
expedient to borrow an estimated maximum amount of $65,000,000
and to issue revenue bonds ("Bonds") to provide funds to pay the
costs of such facilities.
The Board has held a public hearing on the issuance of the
Bonds in accordance with the requirements of Section 15.1-227.8
of the Code of Virginia of 1950, as amended ("Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board
hereby determines that it is advisable to contract a debt and to
issue and sell the Bonds in an amount not to exceed $65,000,000.
The issuance and sale of the Bonds is hereby authorized. The
proceeds from the issuance and sale of the Bonds shall be used to
pay the costs of the Project.
In accordance with Section 15.1-
AUqust 27, 1991
632
--.----.--------------.-- .,
227.2 of the Virginia Code, the Board elects to issue the Bonds
pursuant to the provisions of the Public Finance Act of 1991.
2. Financina Documents. The County Administrator, the
Director of Finance, and such officers and agents of the County
as either of them may designate are authorized and directed to
prepare such financing documents as they may deem necessary,
including an indenture of trust between the County and a trustee
to be selected by the County Administrator ("Indenture").
3. Pledae of Revenues. The Bonds shall be limited
obligations of the County and principal of, premium, if any, and
interest on the Bonds shall be payable as provided in the Bonds
and the Indenture solely from the revenues derived by the County
from its water system, as set forth in the Indenture and from
other funds that have been or may be pledged for such purpose
under the terms and conditions of the Indenture. Nothing in this
Resolution, the Bonds or the Indenture shall be deemed to pledge
the full faith and credit of the County to the payment of the
Bonds.
4. Details of Bonds. The Bonds shall be issued upon the
terms established pursuant to this Resolution and as set forth in
the Indenture.
5.
Sale of Bonds.
The Board authorizes the sale of the
Bonds in an aggregate principal amount not to exceed $65,000,000
to Alex Brown & Sons Incorporated, as underwriter
("Underwriter")· . The County Administrator and the Chairman of
the Board, or either of them, are authorized and directed to
633
AUqust 27, 1991
execute and deli ver a Bond Purchase Agreement wi th the
Underwriter, providing for the sale and delivery of the Bonds
upon terms and conditions to be approved by such officers,
provided that (i) the true interest cost of the Bonds shall not
exceed 9%; (ii) the final maturity of the Bonds shall not be
later than 40 years from their date. The approval of such
officers shall be evidenced conclusively by the execution and
delivery of the Bond Purchase Agreement.
6. Non-Arbitraqe Certificate and Tax Covenants. The
appropriate officers and agents of the County 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 Bonds and containing such covenants as may be necessary in
order to comply with the provisions of the Internal Revenue Code
of 1986, as amended ("Code"), including the provisions of Section
148 of the Code and applicable regulations relating to "arbitrage
bonds." The Board covenants on behalf of the County that the
proceeds from the issuance and sale of the Bonds will be invested
and expended as set forth in the Indenture and the County's Non-
Arbitrage Certificate and Tax Covenants, to be delivered
simul taneously with the issuance and delivery of the Bonds and
that the County shall comply with the other covenants and
representations contained therein.
7. Disclosure Documents. The County Administrator, and
such officers and agents of the County as he may designate, are
hereby authorized and directed to prepare, execute and deliver an
Auqust 27, 1991
634
appropriate preliminary official statement, official statement,
and such other disclosure documents as may be necessary to
expedite the sale of the Bonds. Such disclosure documents shall
be published in such publications and distributed in such manner
and at such times as the County Administrator, or such officers
or agents of the County as he may designate, shall determine.
s. Further Actions. The County Administrator, and such
officers and agents of the County as he may designate, are
authorized and directed to take such further action as they deem
necessary regarding the issuance and sale of the Bonds and all
actions taken by such officers and agents in connection with the
issuance and sale of the Bonds are hereby ratified and confirmed.
9. Filina of Resolution. The appropriate officers or
agents of the County are authorized and directed to file a
certified copy of this Resolution with the Circuit Court of the
County of Roanoke, Virginia pursuant to section 15.1-227.9 of the
Virginia Code.
10 . Effective Date. This Resolution shall take effect
immediately.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: Supervisor Eddy
891-3 ordinance amendina Chaþter 22. Water of the
Roanoke County Code by the addition of a new
Section 22-6. "Reduction of Rates" to authorize
63 5
AUqust 27, 1991
the
reduction of water rates
in hardship
situations for elderlY and disabled Þersons.
0-82791-12
Finance Director Diane Hyatt reported that this ordinance
will authorize reduced water rates for certain elderly and
handicapped citizens.
The individual must qualify for the tax
relief for the elderly program and must use 9,000 or less gallons
per quarter.
Currently, there are 1,400 people who qualify for
tax relief which would amount to $.30,000.
staff recommended
appropriating the funds from the utility Fund.
Supervisor Eddy stated he would prefer taking the funds from
the General Fund instead of the utility Fund. However, utility
Director Clifford Craig advised this would not have a significant
effect on the utility Fund.
Supervisor Johnson moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 82791-12 AMEKDING CHAPTER 22, WATER OF THE
ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION
NUMBERED 22-6, REDUCTION OF RATES TO AUTHORIZE THE
REDUCTION OF WATER RATES IN HARDSHIP SITUATIONS FOR
ELDERLY AKD DISABLED PERSONS
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, intends to provide financial relief for its elderly and
disabled citizens in the provision of certain critical public
services; and
WHEREAS, it is the intent of this ordinance to provide for a
Auqust 27, 1991
636 '-~
._-~- -
----.-
_.__._-_.,~-_.....--,_._"_.._~--_.__¥.__._."^.,_.'--~---
reduction of water rates or charges for governmental services
provided to economically-disadvantaged elderly or disabled
citizens and their families; and
WHEREAS, the first reading of this ordinance was held on
July 23, 1991, and the second reading and public hearing was held
on August 27, 1991.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That Section 22-6 of Chapt~r 22, Water of the Roanoke
County Code is adopted and enacted as follows:
Sec. 22-6. Reduction of rates.
(a) The finance director is hereby authorized to develop,
publish and implement rules and regulations to provide for the
reduction of rates imposed by the county for the delivery of
water service by the county.
The reduction of rates shall be
based upon demonstrable hardship and inability to pay and shall
be consistent with this section.
(b) The finance director shall, upon application made and
within the limits provided in this section, grant a reduction of
the water rate for dwellings occupied as the sole dwelling house
of a person (utility customer) holding title or partial title
thereto or a leasehold interest who is not less than sixty-five
(65) years of age or totally and permanently disabled. A
dwelling unit jointly owned or leased by a husband and wife may
qualify, if either spouse is over sixty-five (65) years of age or
is permanently and totally disabled.
63 7
Auqust 27, 1991
(c) Reductions provided for in this section shall be
granted only if the following conditions are met:
(1) That the total combined income, during the immediately
preceding calendar year, from all sources, of the owner
or lessee of the dwelling and his relatives living
therein did not exceed the amounts orovided in section
(2)
21-73 of the Roanoke Countv Code.
That the owner and his spouse or lessee and spouse did
not have a total combined net worth, including all
equitable interests, exceeding the amount orovided in
Section 21-73 of the Roanoke County Code as of December
31 of the immediately preceding calendar year. The
amount of net worth specified herein shall not include
the value of the sole dwelling house and up to one acre
of land.
(3) That the amount of water used is less than 9,000
gallons per quarter.
(d) That any person granted an exemption from the tax on
real property as provided for under Division 3 of Article III of
Chapter 21 of the Roanoke County Code shall be granted a
reduction in water rates. That any other person seeking a
reduction of water rates under this section shall utilize the
forms and follow the procedures under Division 3 of Article III
of Chapter 21 of the Roanoke County Code, except as modified by
the finance director.
(e) The amount of the reduction provided for in this
Auqust 27, 1991
638
section is that portion of the water rate which represents an
increase in rates since the fiscal year ending June 30, 1991, or
the year the person reached age sixty-five (65) years or became
disabled, whichever is later.
(f) Changes in respect to income, financial worth,
ownership or leasing of property or other factors occurring
during the year for which an affidavit or application is filed
pursuant to this section, and having the effect of exceeding or
violating the limitations and conditions provided in this
section, shall nullify any reduction for the then current year
and the year immediately following.
(g) A change in water usage exceeding the limitations of
this section shall nullify any reduction for the then current
quarterly billing cycle.
(h) That the utility enterprise fund shall be reimbursed
annually by the general fund for the amount of rate reduction in
excess of $30,000.00 under the authority of this ordinance.
(i) An eligible person (utility customer) applying for a
reduction on or before December 1, 1991, shall utilize the rate
in effect June 30, 1991; for applications received after December
1, 1991, the rate utilized shall be the rate in effect at the
time of application.
2. That this ordinance shall be effective with billings
mailed on or after September 1, 1991.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
6 3 9 ~ß
Auqust 27, 1991
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
891-4
Ordinance amendina the Roanoke County Code.
Section 21-52 AÞÞlications for SÞecial Assessment:
Fees. of Division 2. Use Value Assessment of
Certain Real Estate. of ChaÞter 21 Taxation.
0-82791-13
Director of Real Estate Assessments John Willey explained
that the ordinance is being revised to cover the costs of the
program, and he is recommending an increase from $10.00 per
parcel plus $.10 per acre to $20.00 per parcel plus $.20 per
acre. He further explained that the staff had been charging per
application based on a 1958 Attorney General's opinion instead of
per parcel. Also, the state Land Valuation Advisory Commission
provides that adjacent parcels may be combined for the purposes
of making qualifying acreage. To cover the costs per application
it would be necessary to raise the fee to $30.00 and $.30 per
acre.
There was extensive discussion on whether Mr. Willey had the
authority to charge per parcel or per application. Supervisor
Eddy suggested that entire section of the Code should be amended
to agree with the current method of using a per application
charge.
Supervisor Nickens moved to adopt the ordinance at $30.00
per application and 30 cents per acre, with the fee charge per
Auqust 27, 1991
64 0
-_._,------
application, based on a 1958 Attorney General's opinion. The
motion was carried by the following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
ORDINANCE 82791-13 AMENDING AKD REENACTING SECTION 21-
52, APPLICATIONS FOR SPECIAL ASSESSMENT: FEES, OF
DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL
ESTATE, OF CHAPTER 21, TAXATION, OF THE ROANOKE COUNTY
CODE.
WHEREAS, § 58.1-3231 of the Code of Virginia, 1950, as
amended, authorizes counties to adopt ordinances to provide for
the use value assessment and taxation of real estate which
provided the legal basis for County Ordinances 84-191 and 32487-
18 establishing a procedure for such use value assessment and
taxation of certain qualifying real estate within the County of
Roanoke; and
WHEREAS, § 58.1-3234 of the 1950 Code of Virginia further
authorizes the governing body of any county to provide for an
application fee and a revalidation fee every six years for the
processing and approval of such applications for use value
assessment and taxation of real estate; and
WHEREAS, Ordinance 101089-4 deleted the former Division
relative to the use value assessment of certain real estate and
enacted a new Division 2 which provides for a set basic
application and revalidation fee without regard to the acreage of
any parcel for which application is made; and
WHEREAS, the previous policy of the County had been to
64 1
Auqust 27, 1991
charge a fee based upon acreage in addition to a flat fee for any
application or revalidation request.
WHEREAS, legal notice of a public hearing concerning the
adoption of an ordinance increasing these fees was provided as
required by law, and the first reading on this ordinance was held
on August 13, 1991; and the second reading and public hearing was
held on August 27, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows.
1. That Sec. 21-52. Apolications for soecial assessment:
fees of Division 2. Use value assessment of certain real estate
of Article III. Real estate taxes of Chapter 21, Taxation be
amended and reenacted as follows:
Sec. 21-52. Applications for special assessment; fees.
* * * *
(e) An application of thirty ~ dollars ($30.00) ($10.00),
plus thirty cents ($0.30) per acre or portion thereof contained
in each parcel, shall accompany each application.
(f) An application may be filed within no more than sixty
(60) days after the filing deadline specified in subparagraph (b)
above upon payment of a late filing fee in the sum of forty
blCftty dollars ($40.00) (¢20.00).
* * * *
(i) Such property owner must revalidate annually with the
real estate assessor any application previously approved. A
revalidation fee of thirty ~ dollars ($30.00) (¢10.00), plus
Auqust 27, 1991
642·
-----_.._- -
thirty cents ($ 0 . 30) per acre or portion thereof contained in
each parcel, shall accompany each application for revalidation
every sixth year. Late filing of a revalidation form must be
made on or before the effective date of the assessment and
accompanied with a late filing fee of forty twCftty dollars
($40.00) ($20.00).
2. That the effective date of this ordinance shall be
September 1, 1991, for original application and revalidations
pertaining to the 1992 tax year and all subsequent years.
On motion of Supervisor Nickens to adopt the ordinance at
$30.00 per application and 30 cents per acre using application
for fee, based on 1958 Attorney General opinion, and carried by
the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw
NAYS: Supervisor Eddy
891-5 An ordinance to rezone aÞÞroximatelv 12 acres from
M-l to B-2 and obtain a SÞecial ExceÞtion Permit
to oÞerate a retirement community on 49.3 acres.
located north side of Route 11/460. west of Salem.
catawba Maaisterial District. uÞon the Þetition of
Richfield Retirement Communi tv.
0-82791-14
Planning and Zoning Director Terry Harrington reported that
this request is to rezone the remainder of property to B-2 and to
obtain a Special Use Permit to bring the existing and planned
future buildings into compliance with the zoning. The petitioner
643
Auqust 27, 1991
plans facilities for up to 1,000 residents, and the Special Use
Permit will allow additions and expansions to existing
facilities. The petitioner has offered two conditions which would
apply to the entire site and supersede conditions attached to
earlier Special Exception Permits involving only a portion of the
site.
Supervisor McGraw announced he would abstain because he was
marketing property in the area.
Supervisor Johnson moved to approve the Special Exception
Permit and adopt the ordinance.
The motion was carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens
NAYS: None
ABSTAIN: Supervisor McGraw
ORDINANCE 82791-14 TO CHAKGE THE ZONING CLASSIFICATION OF
APPROXIMATELY 12 ACRES (TAX MAP NO. 55.09-1-15, 18, 19 AKD A
PORTION OF TAX MAP NO. 55.13-1-2.1) OF A 49.3 ACRE TRACT OF
REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 11/460 WEST
OF SALEM AKD APPROVING A SPECIAL EXCEPTION PERMIT WITH
COKDITIONS FOR THE OPERATION OF A RETIREMENT COMMUNITY ON
THE 49.3 ACRE TRACT OF REAL ESTATE (TAX MAP NOS. 55.09-1-
15, 17, 16, 16.1, 18, 19, and 55.13-1-2.1) LOCATED IN THE
CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION
OF H-l TO THE ZONING CLASSIFICATION OF B-2 UPON THE
APPLICATION OF RICHFIELD RETIREMENT COMMUNITY
WHEREAS, the first reading of this ordinance was held on
July 23, 1991, and the second reading and public hearing was held
August 27, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on August 6, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
Auqust 27, 1991
,644
.._--_.._-,._.~_.,~-_._----
required by law.
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 12 acres, as described herein, and located
on the north side of u.s. Route 11/460, west of Salem, (Tax Map
Numbers 55.09-1-15, 18, 19 and a portion of Tax Map No. 55.13-1-
2.1) in the Catawba Magisterial District, is hereby changed from
the zoning classification of M-l, Light Industrial District, to
the zoning classification of B-2, General Commercial District.
2. That this action is taken upon the application of
Richfield Retirement Community.
3. That said real estate to be rezoned is more fully
described as follows:
SEE ATTACHMENT "A"
4. That a Special Exception is hereby granted to operate a
retirement communi ty on the property identif ied in paragraph 5
below in accordance with Section 21-24-2 of the Roanoke County
Zoning Ordinance and Chapter 6 of the Roanoke County Code.
5. That said real estate for which the Special Exception
permit is granted is more fully described as follows:
BEGINNING at the intersection of the westerly right-of-way
of Alleghany Drive (Va. Sec. Route 642) and the northerly
right-of-way of West Main Street (U.S. Route 11/460); thence
leaving Alleghany Drive and with the northerly right-of-way
of West Main Street, the following courses: S. 630 36' 00"
W. 686.70 feet to a point; thence S. 320 28' 07" E. 2.43
feet to a point; thence S. 630 36' 00" W. 406.69 feet to a
point, said point being in the easterly property line of the
Commonwealth of Virginia (State Police Headquarters); thence
645
AUqust 27, 1991
~
leaving the right-of-way of West Main street and with the
Commonwealth of Virginia N. 260 21' 10" W. 319.98 feet to a
point; thence with the property of the Commonwealth of
Virginia and the property of the County of Roanoke (Glenvar
Library), S. 600 24' 10" w. approximately 650 feet; thence
continuing with the property of the County of Roanoke, N.
150 12' 30" w. approximately 250 feet to a point in a
branch; thence continuing with the property of the County of
Roanoke and running along the centerline of the branch for
approximately 170 feet to a point in the branch, said point
being the southeasterly corner of Lot 2, Shamrock Industrial
Park (Plat Book 12, page 94); thence with said Lot 2 and
along the center of said branch, N. 40 46' 49" E. 33.98 feet
to a point; thence continuing with said branch, N. 380 02'
29" E. 96.29 feet to a point; thence continuing with said
branch, N. 58000' 24" E. 17.74 feet to a point; thence
leaving the centerline of the branch and with the southerly
line of the old County cemetery, N. 620 32' 50" E.
approximately 289 feet; thence continuing with the property
of said cemetery, N. 280 50' 50" W. 196.28 feet to a point;
thence continuing with said cemetery S. 53052' 00" W.
approximately 234 feet to a point in the centerline of a
branch; thence leaving the cemetery and with the centerline
of said branch and with the easterly line of Lot 1 and Lot
2, Shamrock Industrial Park, the following: N. 70 48' 28"
W. 14.66 feet to a point; thence N. 50016' 03" E. 34.41
feet to a point; thence N. 67003' 56" E. 28.14 feet to a
point; thence N. 160 09' 48" E. 28.72 feet to a point;
thence N. 430 03' 49" E. 44.75 feet to a point; thence N.
290 17' 19" E. 57.01 feet to a point; thence N. 200 42' 59"
E. 41.99 feet to a point; thence N. 240 21' 17" W. 100.56
feet to a point; thence N. 240 21' 17" W. 19.86 feet to a
point; thence N. 20 05' 14" E. 58.40 feet to a point; thence
N. 450 35' 11" W. 110.22 feet to a point; thence N. 280 34'
19" W. 101.68 feet to a point; thence N. 360 57' 12" W.
76.82 feet to a point; thence N. 440 48' 55" W. 68.73 feet
to the point of intersection of the centerline of the branch
and the southerly right-of-way of Interstate 81; thence
leaving said branch and with the southerly right-of-way of
Interstate 81, N. 550 29' 00" E. 151.50 feet to a point;
thence continuing with said right-of-way N. 680 12' 40" E.
229.52 feet to a point; thence continuing with said right-
of-way N. 680 12' 40" E. 229.52 feet to a point; thence
continuing with said right-of-way N. 220 06' 29" W. 51.77
feet to a point; thence continuing with said right-of-way N.
220 06' 29" W. 51.77 feet to a point; thence continuing with
said right-of-way N. 550 29' 00" E. 752.00 feet to a point,
said point being the intersection of the southerly right-
of-way of Interstate 81 and the. w~sterly right-of-way of
Alleghany Drive (Va. Sec. Route 642); thence with the
westerly right-of-way of Alleghany Drive, S. 340 24' 26" E.
Auqust 27, 1991
646
-..----
80.17 feet to a point; thence S. 36° 12' 03" E. 164.92 feet
to a point; thence S. 42° 57' 30" E. 154.43 feet to a point;
thence S. 36° 37' 43" E. 194.93 feet to a point; thence S.
26° 59' 00" E. 43.64 feet to a point; thence N. 63° 01' 00"
E. 12.50 feet to a point; thence S. 26° 59' 00" E. 1126.63
feet to the Point of Beginning and containing approximately
49.3 acres and comprising all of the property owned by
Richfield Retirement Community and encompassed by Tax Map
Nos. 55.09-1-15; 55.09-1-16; 55.09-1-16.1; 55.09-1-17;
55.09-1-18; 55.09-1-18.1; 55.09-1-19; and 55.13-1-2.1.
5. That the owner has voluntarily proffered in writing the
following conditions on the special exception which the Board of
Supervisors hereby accepts:
a. The facilities in the retirement community shall be
designed so as not to exceed 1,200 residents in the
development.
b. Development of the site shall be limited to full
service retirement community to include any or all of
the following services:
a nursing center which
provides skilled and intermediate care designed to meet
all living as well as medical needs; a convalescent
living
center
providing
residents
with
24-hour
sheltered care; a variety of housing units which
provide a full range of retirement housing options; all
ancillary structures and utilities required to operate
and maintain the facility; accessory commercial uses
designed primarily to serve the community residents.
These conditions would apply to the entire 49. 3-acre site
and would supersede conditions attached to earlier Special
Exception Permits involving only a portion of the site.
647
Auqust 27, 1991
6.
That this ordinance shall be in full force and effect
thirty (30) days after its final passage.
All ordinances or
parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Johnson to adopt ordinance and
approve special exception permit, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens
NAYS: None
ABSTAIN: Supervisor McGraw
891-6
An ordinance to rezone .71 acre from R-l to M-l to
allow a self-storaae facility. located at 6426
Merriman Road. Cave SÞrina Maaisterial District.
uÞon the Þetition of 301 Gilmer Associates.
Mr. Harrington presented the staff report, explaining that
this property is the old Starkey School. The petitioner
proffered three conditions including that the exterior of the
existing building would remain brick.
Supervisor Eddy asked if the existing building would remain.
Mr. Harrington responded that there is no condition to retain the
building and the petitioner could demolish the building in the
future.
Jim Johnston representing the petitioner advised that the
storage facility was only an interim u~e:, However, they have no
plans to demolish the building and woyld be willing to add this
Auqust 27, 1991
64 8
----
to the proffers.
However, he was informed he could not add
proffers at the public hearing.
Supervisor Nickens moved to deny the request.
Following
discussion on the best way to ensure that the existing building
would remain, but the petitioner would have an opportunity to
develop his property, Supervisor Nickens withdrew his motion.
Supervisor Johnson moved to refer the request back to the
Planning Commission to allow the petitioner to add additional
conditions if he desires.
The motion was carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
ADJOURKMENT
Supervisor Johnson moved to adjourn the meeting at 9:35 p.m.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
~~a~~~
rSteven A. McGraw, Chairman