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HomeMy WebLinkAbout8/27/1991 - Regular 596 Auqust 27, 1991 ".---- 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 5 9 7 -~ Auqust 27, 1991 _w,_·~_.__,_.__.___.. 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 2 598 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 59Y Auqust 27, 1991 --'---'-~------ 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 60 0 -----~._. . --.>-'"..--'^....- 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. 60 11 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 ---- 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 60 3 Auqust 27, 1991 - 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 Auqust 27, 1991 60 4 --.- 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 60 5 Auqust 27, 1991 - 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 607 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 60 9 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 6 1 1 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 Auqust 27, 1991 612 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. 613 Auqust 27, 1991 - 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 615 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 -----, 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