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HomeMy WebLinkAbout2/24/1998 - Regular February 24,1998 121 - - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 24, 1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of February, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations INRE: OPENING CEREMONIES The invocation was given by the Reverend Robert Fielder, Covenant Presbyterian Church. The Pledge of Allegiance was recited by all present. 122 February 24,1998 INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF = = AGENDA ITEMS Mr. Mahoney added items 1 - 4, Consent Agenda, First Reading of Rezoning Ordinances. Mr. Mahoney added six executive session items. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Resolution of Appreciation to Wilton B. "Webb" Johnson for his volunteer services to the County of Roanoke UDon his retirement from the Electoral Board. R-022498-1 Mr. Johnson was present to accept the resolution. Supervisor Nickens moved to adopt the resolution. The motion carried by' . the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 022498-1 OF APPRECIATION TO WILTON B." WEBB" JOHNSON FOR HIS SERVICE TO ROANOKE COUNTY AS A MEMBER OF THE ELECTORAL BOARD AND OTHER ROANOKE COUNTY COMMITTEES WHEREAS, in November 1989, Wilton B. "Webb" Johnson was appointed to the Roanoke County Electoral Board by the judges of the 23rd Judicial Circuit, and elected as vice chairman of the Board; and WHEREAS, Mr. Johnson was appointed to fulfill the unexpired term of his wife, May Winn Johnson who had passed away; and WHEREAS, during Mr. Johnson's tenure on the Electoral Board, the number of registered voters in Roanoke County increased by 8,000; the Central Absentee February 24,1998 123 - Precinct was established; and the "Motor Voter" law was implemented by the Commonwealth of Virginia; and WHEREAS, in addition to his service on the Electoral Board, Mr. Johnson also served on the League of Older Americans Advisory Council, being first appointed in 1986; and WHEREAS, Mr. Johnson continues to serve the citizens of Roanoke County through his appointment on January 27, 1998, to the Roanoke County Commission for Senior and Challenged Citizens; and WHEREAS, through his leadership and involvement in volunteer activities in Roanoke County, Mr. Johnson has enhanced the quality of life for it's citizens. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of all of the citizens of Roanoke County, does hereby extend sincere appreciation to WILTON B. "WEBB" JOHNSON, for his service to Roanoke County as a member of the Electoral Board until February 28, 1998, and for his active participation on other committees, commissions and boards; and FURTHER, the Board wishes Mr. Johnson an active, productive future, and expresses its pleasure that he will continue his outstanding volunteer contributions to the citizens of the County through his recent appointment to the Commission for Senior and Challenged Citizens. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: NEW BUSINESS ~ Resolution supportina the inclusion of Franklin County to the Fifth Plannina District Regional Alliance. CElmer Hodge. County Administrator) R-022498-2 Mr. Hodge reported that on January 14,1997, the Board adopted a resolution establishing a Regional Alliance under the Regional Competitiveness Act with the other members of the Fifth Planning District Commission. Franklin County has requested to participate in both the West Piedmont Partnership and the Fifth Planning District Regional 124 February 24, 1998 Alliance. In order for them to become a member, each participating local government must ~ = agree to allow Franklin County to join. If the Regional Alliance is funded, Franklin County would receive state funds based on their share of population in the Alliance. Mr. Hodge recommended that the Board adopt the resolution supporting Franklin County's participation in the Fifth Planning District Regional Alliance. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 022498-2 SUPPORTING THE INCLUSION OF FRANKLIN COUNTY IN THE FIFTH PLANNING DISTRICT REGIONAL ALLIANCE UNDER THE 1996 VIRGINIA REGIONAL COMPETITIVENESS ACT WHEREAS, Section 15.1-1227.1 through Section 15.1-1227.5, Code of Virginia, as amended, permits counties, cities and towns within a planning district to establish a regional partnership for the purpose of encouraging local governments to exercise the options provided by law to work together for their mutual benefit and the benefit of the Commonwealth (known as the Regional Competitiveness Act); and WHEREAS, in 1997, the participating localities of the Fifth Planning District Commission established an Alliance under the Regional Competitiveness Act, known as the Fifth Planning District Regional Alliance; and WHEREAS, the Fifth Planning District Commission has agreed to provide administrative staff and research support to the Alliance; and WHEREAS, the guidelines for Virginia's Regional Competitiveness program require that participating local governments within the region adopt a resolution of participation; and all participating localities must agree to having another locality join the Regional Alliance; and WHEREAS, on June 17, 1997, the Franklin County Board of Supervisors adopted a resolution to participate in both the West Piedmont Partnership and the Fifth Planning District Regional Alliance with any incentive funds received divided equally between the two alliances. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the participation of Franklin County, Virginia in the Fifth Planning District Regional Alliance provided that the funding base for Franklin County's February 24,1998 125 - - population would be equally divided between the Fifth Planning District Regional Alliance and the West Piedmont Partnership; and FURTHER BE IT RESOLVED that copies of this resolution be forwarded to the Fifth Planning District Commission, the localities participating in the Fifth Planning District Regional Alliance, the Franklin County Board of Supervisors and the Virginia Department of Housing and Community Development. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request for approval to order police vehicles under the current state contract for delivery after July 1. 1998. (Rav Lavinder. Police Chiefl A-022498-3 Chief Lavinder advised that if the Board authorizes the order of ten police vehicles, the County will save the 3% to 5% cost increases that are estimated after April 30. In response to questions from the Board, he advised that it costs $5,000 to $6,000 more to equip the vehicles for law enforcement and that Ford is the only manufacturer that makes law enforcement vehicles. Supervisor Nickens suggested that staff check local dealers to see if they could underbid the state contract. Supervisor Johnson moved to approve ordering the vehicles, amended by Supervisor Nickens that local Ford dealerships have the opportunity to underbid the State contract. T.hé motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 126 February 24,1998 - 3. Initiation of a Spot Blight Abatement Program in Roanoke - County. (TerrY Harrington. Planning and Zoning Director) A-022498-4 Mr. Harrington explained that a number of abandoned and deteriorated buildings exist in Roanoke County which can pose a health and safety hazard to the County. County staff has attempted to work with property owners to correct the violations but success has been largely contingent on the owner of the property being willing to voluntarily remove or secure the building and improve the property. The Code of Virginia provides a tool to use to improve or remove these properties. The process includes: (1) County makes a determination that the property is blighted and notifies the property owner by certified mail giving the owner 30 days to present a plan to alleviate the condition; (2) If a plan is not submitted or not acceptable to the County, the County Administrator would request that the Planning Commission hold a public hearing and make recommendations; (3) Upon receipt of the Commission's recommendation, the Board may hold a public hearing to affirm, modify or reject the Commission's recommended action. Mr. Harrington advised that if the Board accepts the action to alleviate the blight, it may authorize staff to take whatever corrective action is necessary including eminent domain proceedings. With the exception of the County Executive form of government in Fairfax County, state law does not provide for counties to recoup their cost through liens on the property. However, some costs could be recovered through eminent domain. In response to a question from Supervisor Johnson, County Attorney Paul February 24,1998 127 - - Mahoney advised that the County could request an amendment to the State Code that all chartered counties could recoup costs through liens against the property. Supervisor Minnix moved to approve the program. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FIRST READING OF ORDINANCES ~ First reading of ordinance aDDrovina three residential lease contracts on DroDerty located at Glenn-Mary and owned bv the Board of Supervisors. (Melinda Cox. Economic DeveloDment Specialist) Ms. Cox reported that at the time the property was purchased from Glenn- Mary Associates, the three rental properties were occupied. From November, 1997 to March 31,1998, the County chose to continue these verbal rental agreements via letters of confirmation. Beginning on April 1, 1998, staff recommends that the Board approve rental contracts for an initial period of six months without right of cancellation. Thereafter the contracts would be renewed for six month periods subject to cancellation at any time by either party upon providing 120 days written notice. The County will receive a total of $1,125 in rental income per month to be restricted for property management expenditures incurred during the normal maintenance and repair. 128 February 24,1998 - = Supervisor Nickens suggested it might be more cost effective to let the renters live on the properties rent-free and have the them cover any maintenance. He also suggested month-to-month leases instead of six months. Assistant County Attorney Vickie Huffman advised that theses leases fall under the landlord/tenant act and the landlord has certain obligations. Ms. Cox advised that she had met with the renters and their only concern was that they have adequate time to move. Following additional discussion, staff was directed to bring back a copy of the leases and to provide fair market rental values for the property to determine whether the rent is adequate. Supervisor Harrison moved to approve the first reading and set the second reading for March 10, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 2. First reading of ordinance approving one farm lease contract at the Glenn-Mary site and owned bv the Board of Supervisors. (Melinda Cox. Economic Development Specialist) Ms. Cox advised that during the past two months, a Request for Proposal was issued for a farm lease of approximately 200 acres of usable land. Staff is recommending that the lease be awarded to A. M. Maxey and Keith Roberts. The lease does not involve monetary consideration. Consideration is being received through property February 24,1998 129 = - maintenance and repairs such as fencing, fertilization, and property maintenance. Staff was directed to provide a copy of the lease for the second reading. Supervisor Harrison moved to approve the first reading and set the second reading for March 10, 1998. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson None 3. First reading of ordinance amending Section 16-15. When Sale Authorized of Article V. Unclaimed Personal Property of Chapter 16. Police of the Roanoke Countv Code to provide for the donation of bicycles to charitable organizations. (Ray Lavinder. Police Chie() Chief Lavender reported that adoption of the ordinance would allow for recovered bicycles to be donated to a charitable organization and would increase evidence storage space. The bicycles would be donated if they remained unclaimed for more than thirty days. In response to a question from Supervisor Johnson, Chief Lavinder advised that they usually have 25 or 26 bicycles per year. Supervisor McNamara suggested amending the ordinance that the bicycles would be kept for at least 60 days to make sure that any children who may have lost their bikes have an opportunity to retrieve them. Supervisor Minnix moved to approve the first reading with the ordinance 130 February 24,1998 amended that unclaimed bicycles will be kept for 60 days before donation, and set the - = second reading for March 10,1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None INRE: FIRST READING FOR REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for March 24, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None 1... Ordinance to rezone portions of a 30.28 acres from 1-1 to R-1 for public Darks and recreation areas. located in the 6600 block of Merriman road. cave Spring Magisterial District. upon the petition of the Roanoke County Board of Supervisors. 2... Ordinance authorizing a Special Use Permit to allow the construction of a new elementary school in the Bonsack Community. located at 5437 Crumpacker Drive. Hollins Magisterial District. upon the petition of the Roanoke County school Board. 3. Ordinance to rezone 9.77 acres from R-1 conditional to R-1 to construct single familv residences. located at the south side of Woodhaven Road. approximately 0.5 mile east of its intersection with Green Ridge Road in the Catawba Magisterial District upon the petition of Graham-Thomas Corporation. 4. Ordinance authorizing a Special Use Permit to construct a 190 ft. self-supportina broadcast tower on a 3.171 acre parcel located at 5585 Catawba Hospital Drive. Catawba Magisterial District. February 24,1998 131 - - upon the petition of Ohio State Cellular Phone Company. Inc. IN RE: SECOND READING OF ORDINANCES ~ Second readina of ordinance rescindina Ordinance 011398-9 authorizing acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virainia. (Elmer C. Hodge. County Administrator) 0-022498-5 There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 022498-5 RESCINDING ORDINANCE 011398-9 AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE LOCATED ON STATE ROUTE 779 (CATAWBA) FROM THE COMMONWEALTH OF VIRGINIA WHEREAS, Ordinance 011398-9 authorized the acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia for the purpose of promoting economic development and protecting valuable environmental resources; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Ordinance 011398-9 be, and hereby is rescinded, and that the $110,000 appropriated therein be, and hereby is, reappropriated to the Unappropriated General Fund. On motion of Supervisor Nickens to adopt the ordinance, and carried by the 132 February 24,1998 - 1::= following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance amending Ordinance 121697-8 providina for the construction of and financing for a local public works improvement Droject - Richland Hills Drive Water Project. (Garv Robertson. Utility Director) 0-022498-6 There was no discussion and no citizens to speak on this ordinance. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 022498-6 AMENDING ORDINANCE 121697-8 AUTHORIZING THE CREATION OF, CONSTRUCTION OF, AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, RICHLAND HILLS DRIVE WATER PROJECT WHEREAS, Ordinance 121697-8 authorized the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project; and WHEREAS, this ordinance authorized and approved the payment, upon certain terms and conditions, by the property owners in the Project Service Area who elect to participate on or before March 16, 1998; and WHEREAS, one of these terms and conditions requires "a minimum down payment of $1,500"; and WHEREAS, several of the property owners who have elected to participate have requested that this minimum down payment be waived and that they be allowed to finance the entire amount ($4,500) for a maximum of 10 years at an interest rate of 8% per February 24,1998 133 - - annum. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 121697-8 authorizing the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project, be, and hereby is amended to provide that the property owners in the Project Service Area who elect to participate on or before March 16, 1998, may do so under the terms and conditions set out in Ordinance 121697-8 except for the condition requiring a minimum down payment of $1 ,500, all other terms and conditions as set out in Ordinance 121697-8 to remain in full force and effect. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Second reading of ordinance accepting the donation of aDDroximatelv three acres of real estate from the Commonwealth of Virginia. by its DeDartment of Mental Health and Mental Retardation to Roanoke County. located north and west of the Catawba Fire Station off Virainia Secondarv Route 698. (Paul Mahoney. County Attorney) 0-022498-7 Mr. Mahoney advised that the County still did not have the deed but they were tracking it. There was no discussion and no citizens to speak on this ordinance. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 134 February 24, 1998 ORDINANCE 022498-7 ACCEPTING THE DONATION OF APPROXIMATELY THREE (3) ACRES OF REAL ESTATE FROM THE COMMONWEALTH OF VIRGINIA, BY ITS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, TO ROANOKE COUNTY, SAID REAL ESTATE LOCATED NORTH AND WEST OF THE CATAWBA FIRE STATION (.894 ACRE PARCEL, TAX MAP NO. 7.00-1-29) OFF VIRGINIA SECONDARY ROUTE NO. 698 g --- BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on February 10, 1998; and a second reading was held on February 24, 1998. 2. That the conveyance of this real estate by donation from the Commonwealth of Virginia, by its Department of Mental Health and Mental Retardation to Roanoke County for expansion of the site of the Catawba Fire Station located off Virginia Secondary Route No. 698 is hereby accepted. Said real estate is more particularly described as a 3. 171-acre parcel of real estate as generally shown on a "Plat of Survey showing 3.171 acres for Roanoke County Board of Supervisors located in Catawba Magisterial District, Roanoke County, Virginia" surveyed 12/10/97, revised 1122/98, prepared by LMW, P.C., Engineering, Architecture, Surveying, and attached to this ordi- nance. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: APPOINTMENTS 1... Library Board Supervisor McNamara nominated Mary Carswell to complete the unexpired four year term of Edmund Kielty. This term will expire December 31, 1999. -~ February 24,1998 135 - = 2. Grievance Panel Supervisor McNamara nominated Beth Anderson to a three year term which will expire February 23, 2001. 3. Social Services Advisory Board Supervisor McNamara nominated Raymond C. Denny to complete the unexpired term of Jan Dowling. This term will expire August 1, 2000. IN RE: CONSENT AGENDA R-022498-8 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 022498-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I, 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 February 24, 1998, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Acceptance of water and sanitary sewer facilities serving Cedar Hill Subdivision. 136 February 24,1998 2. Acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts. = = 3. Acceptance of increased funding for the Victim-Witness Program grant from the Virginia Department of Criminal Justice Services. 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUESTS FOR WORK SESSIONS ~ Reauest for Work Session on March 10. 1998 on SSER Program. (Gary Robertson. Utility Director) It was the consensus of the Board to schedule a work session for March 10, 1998. 2. Request to schedule budget work sessions. (Brent Robertson. Budget Manaaer) It was the consensus of the Board to follow the tentative work session schedule presented by Mr. Robertson. INRE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Mr. William Overstreet spoke concerning: (1) Item S-1: enforcement of handicapped parking spaces. He was concerned that people without handicaps were February 24, 1998 137 ! using the spaces, and that the Division of Motor Vehicles needed to be stricter in approving handicapped tags. He also suggested that two officers enforce the new ordinance, not volunteers. (2) He asked for a response from the Board on his videotape concerning flooding in North Springs, and he asked for assurances that the problem will be resolved. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minnix: (1) He asked Mr. Hodge if Roanoke County could foster a plan of sending volunteers to assist other localities in natural disasters. Mr. Hodge responded that the County works through various state agencies and the Red Cross to coordinate assistance. (2) He asked Mr. Hodge if he had received any response on whether the veterinarians would be willing to sell dog and cat licenses when giving rabies shots. Mr. Hodge advised that he had discussed this with Treasurer Fred Anderson, and there were concerns about accountability; but he would contact Mr. Anderson again. Supervisor Johnson reported that he was disappointed in the General Assembly's recent actions, and the fact that the proposed Regional Juvenile Detention Commission was defeated because of politics. Supervisor Harrison: (1) He agreed with Supervisor Johnson on the General Assembly's actions. (2) He advised that he attended the Virginia Department of Transportation presentation at the Salem Civic Center about the 1-81 expansion and noted that it will have an impact on Catawba. Mr. Hodge has formed a committee to work on this IN RE: 138 February 24, 1998 § issue because it will have a large impact on the entire County. (3) He announced that the Glenvar boys basketball team, and the Cave Spring girls and boys basketball teams are starting their playoffs and wished them luck. Dr. Nickens advised that the William Byrd High School volleyball team is also in the playoffs. SUDervisor Nickens: (1) He advised that he received a petition from 70 people in support of the Mayflower Park and he will forward it to the clerk to include in the Board's records. (2) He also expressed disappointment with the recent General Assembly actions. Supervisor McNamara: He reported that the Bent Mountain community experienced severe devastation from the recent ice and snow storms and expressed appreciation to Mr. Hodge, Bill Rand, Chief Rick Burch and others for their help in the neighborhood. INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ General Fund UnaDpropriated Balance 1.. CaDital Fund Unappropriated Balance 3. Board Contingency Fund ~ Accounts Paid· Januarv 1998 5. Statement of Revenues and Expenditures as of Januaiy 31.1998 February 24,1998 139 - = 6. Additions and abandonments of the Virainia Department of Transportation Secondal)' System as of January 31. 1998. INRE: EXECUTIVE SESSION At 4:10 p.m., Supervisor Johnson moved to go into Executive Session following the work session pursuant to the Code of Virginia Section 2.1-344 A to discuss disposition of the County's interest in publicly held real estate, Arlington Hills #2 well lot, and the Leslie Well Lot; 2.1-344 A (7) to discuss legal matter requiring provision of legal advice, negotiation of an agreement with the Town of Vinton and contract for sale of water and probable litigation, cable television franchise fees. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Nickens, Johnson NAYS: None INRE: WORK SESSION ~ Courthouse Space Needs The work session was held from 4:15 p.m. until 5:20 p.m. County Administrator John Chambliss presented options for improvements at the Courthouse. The options ranged from $35,000 to $3 million. He presented a list of prioritized recommendations and the associated costs. There was originally Board 140 February 24,1998 - = consensus to move forward with the first six recommendations for a total of approximately $95,700. Judge Roy Willett advised that he agreed with Mr. Chambliss' recommenda- tions. Clerk of Circuit Court Steve McGraw and Sheriff Gerald Holt presented written comments for the record. Following discussion, there were some differences about which projects should be authorized, and Chairman Johnson advised that the Board would table the discussion until the budget process and rquested that a report be brought back in thirty days. 2. Consideration of Drogram for emergency medical dispatching This work session was postponed until March 10, 1998. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-022498-9 At 7:00 p.m., Supervisor Johnson advised that the Executive Session was held from 5:20 p.m. until 6:50 p.m and moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 022498-9 CERTIFYING EXECUTIVE MEETING WAS HELD February 24,1998 141 - = IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: PUBLIC HEARING ~ Public Hearing to elicit citizen comment for items to be included in the budget for the 1998-99 fiscal year. Mr. Hodge explained that this public hearing was to receive public input before the budget process begins, and another public hearing will be held later in the process. The following citizens spoke: 1. Don Witt. 3332 Kenwick Trail. spoke on behalf of the Greenway Commission, requesting a joint work session on March 24 to look at greenways and develop a financial plan to fund them. 2. Cindy Dugger. 5355 Silver Fox Road, requested that additional nurses 142 February 24,1998 be hired for the Roanoke County school system. 3. Dr. Peter Whitehead. 6676 Mallard Lake Court, a pediatrician, also requested more nurses in the County school system. ~ Public Hearing on the "effective tax rate increase" as a result of increased assessed value of real estate. 1 Winton Shelor. 4348 Shelor Farms Lane. spoke against the high assessment of his farm land which he said increased $57,100. He said it was the highest increase he had received. Supervisor Nickens asked staff to review the rationale for the increase in his land use 1997 to 1998. 3. Public Hearina to set the followina tax rates: No citizens spoke at this public hearing. !h To set a real estate tax rate of not more than $1.13 per $100 assessed valuation. b. To set a Dersonal property tax rate of not more than $3.50 per $100 assessed valuation. c. To set a machinery and tools tax rate of not more than $3.00 per $100 assessed valuation. = INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Second reading of ordinance amendinQ the Roanoke County Code bv enactina Section 12-54.1 Regulation of Parking for February 24,1998 143 - - Persons with Disabilities and amending and reenactina Section 12-51 Penalties for Parking Violations. Section 12-54. Parking Prohibited in Specified Places. and Section 12-59. Presumption in Prosecutions for Parking Violations. (Joseph Obenshain. Sr. Assistant County Attomev) 0-022498·10 Mr. Mahoney advised that the 1997 General Assembly session passed new legislation for the regulation of designated parking spaces for individuals with disabilities and increased the maximum fines which may be imposed for various violations of the designated parking spaces to $500. Supervisor Nickens advised that he had expressed concern about the use of volunteers to enforce the ordinance at the first reading. Mr. Mahoney responded that Chief Lavinder prefers to use trained law enforcement officers, but the state law allows volunteers. Mr. Hodge suggested that the auxiliary police officers, who are trained but volunteers could be used. Following discussion, Supervisor Nickens moved to adopt the ordinance. Supervisor McNamara moved to amend the ordinance to eliminate references to volunteers and insert trained auxiliary police officers. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 144 February 24,1998 = Supervisor Nickens' original motion as amended by Supervisor McNamara carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 022498-10 ENACTING SEC. 12-54.1. REGULATION OF PARKING FOR PERSONS WITH DISABILITIES AND AMENDING AND REENACTING SEC. 12-51. PENALTIES FOR PARKING VIOLATIONS SEC. 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. AND SEC. 12-59. PRESUMPTION IN PROSECUTIONS FOR PARKING VIOLATIONS. WHEREAS, the 1997 session of the General Assembly repealed § 46.2- 1237, the enabling authority for the current county code section regulating handicapped parking and enacted a new Chapter 12.1, Parking for Persons with Disabilities, of Title 46.2 of the Code of Virginia, which provides authorization for local governing bodies to enact an ordinance which prohibits abuse of parking spaces reserved for persons with disabilities and to increase the penalty for violation of such ordinance to a maximum of $500; and WHEREAS, the Board of Supervisors recognizes the importance of protecting the rights of persons with disabilities to utilize parking spaces designated for them and, therefore, desires to exercise the authority granted to it under § 46.2-1242 8 to make unlawful the improper use of parking spaces designated for those persons with disabilities and to increase the penalty for such unlawful use to the maximum permitted by state law; and WHEREAS, the Board of Supervisors further desires to exercise the authority granted to it under § 46.2-1244 to provide that the Roanoke County Police Department may establish and supervise volunteers to enforce violations of § 46.2-1242 and county code Sec. 12-54.1; and WHEREAS, the first reading of this ordinance was held on February 10, 1998; and the second reading and public hearing for this ordinance will be held on February 24, 1998, after publication and notice as required by law. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-54.1, Regulation of parking for persons with disabilities of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be enacted as follows: SEC. 12-54.1. Regulation of parking for persons with disabilities. February 24, 1998 145 - - (a) It shall be unlawful for a vehicle not displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under § 46.2- 1241 or DV disabled parking license plates issued under subsection B of § 46.2-739, to be parked in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such disability in the vehicle. (b) The penalty for violation of this section shall be a fine of one hundred dollars ($ 100.00). (c) This ordinance may be enforced by the issuance of a summons or parking ticket for violation of the ordinance by a law-enforcement officer, trained auxiliary police officers serving in a unit established pursuant to subsection (e) of this ordinance, or by other uniformed personnel employed by the county to enforce parking regulation without the necessity of a warrant's being obtained by the owner of any private parking area. (d) In any prosecution charging a violation of this ordinance, no violation of this ordinance shall be dismissed on the basis of the property owner's failure to comply strictly with the requirements for disabled parking signs set forth in § 36-99.11 of the Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk. (e) The Roanoke County Police Department is authorized to establish and supervise trained auxiliary police officers to enforce violations of this ordinance. (f) The provisions of § 46.2-1247, § 46.2-1248, § 46.2-1249, § 46.2-1250, § 46.2-1251, § 46.2-1252 and § 46.2-1253 of the Code of Virginia, 1950, as amended, are each incorporated by reference into this section and made a part thereof as if set out in full. 2. That Sec. 12-51. Penalties for parking violations., Sec. 12-54. Parking prohibited in specified places. and Sec. 12-59. Presumption in prosecutions for parking violations. be amended and reenacted as follows: Sec. 12·51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: Double parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 Parking over allowed time. . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Parking improperly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Unattended motor in operation ............................. 15.00 146 February 24,1998 ~ Parking in reserved space. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 = Blocking traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Parking within 500 feet of accident or area of emergency. . . . . . . . .25.00 Parking in fire lane, in front of fire hydrant or fire or rescue building .................................... 50.00 r8r!ting in 8m8 de3ign8ted fer 1;8I"1diea""ed . . . . . . . . . . . . . . . . . . . 50.00 Parking in designated space on county property. . . . . . . . . . . . . . . . 15.00 Parking a tractor-trailer truck, semi-trailer, recreational vehicle, boat or utility vehicle on any public street in violation of section 12-52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Any violation of this article not otherwise scheduled ....... 15.00 In addition to the imposition of such fines, any motor vehicle parked in violation of this section may be moved to a garage or parking lot for storage at the expense of the owner of such motor vehicle. Sec. 12-54. Parking prohibited in specified places. No person shall park or leave standing a motor vehicle in any of the following places, except when necessary to comply with the directions of a police officer or traffic- control device: (a) Within any intersection; (b) Within twenty (20) feet of an intersection; (c) Within five (5) feet of the entrance of any public or private driveway to any street, highway or other public way within the county; (d) Within fifteen (15) feet of a fire hydrant on public or private property or of the entrance to any building housing fire equipment, rescue February 24, 1998 147 - - squad equipment or ambulances; (e) Within twenty (20) feet or upon any bridge, viaduct or railroad crossing; (fJ Any :'JarkiR! space reserved for the handiee :'Jped OR a public street, high'tlray, or other public way iR tlge county or in privately 0'....fl8d "arkiR! areas o :'JeR to the public:, uRless sl:Jen vehicle displays a s"eeial licefls6 plate, deeel or "arkin! permit issued pursuaflt to sectioRs 4(;.2731,46.2 73a or 46.2 1238, Code ofVirgiRia, 1aSO, as ameflde6. All "arkin! spaoos reser.ed for tlge use of haRdicapped "ersons shall be idefltified by aber.e ! rade si! fls, re! ardless of ¥tRetRer identifleetiofl of sueR s"aoos by abo'.-e grade sigfls was required WRen aRY partieular s :'Jaee was reser.ed for the use of haRdieepped persons. All abo·.·e ! rade handicapped parking s"aee si! RS shall Rave; tRe bottom ed! e of tRe sigR RO lower thaR four (4) feet nor Ri! her thaR se,eR (7) feet above the "arking surface. Cueh sigRs shall be desigRed and constructed ifl aeeerdaRee ...ith tRe :'Jffi'tisions of the URiform Statewide BuildiR! Code. A sigR or sÿ'mbol "aiRted or otherwise displayed OR the; pa·,emeRt of a parldn! spaee sl9all not cORstitute aR above ! rade si! R; (tg) At any location where, at the time, parking, standing or stopping is prohibited and official signs or other markers to that effect have been erected or installed and are visible to an ordinarily observant person; (ift) Along any street, highway, of other public way within the county or part thereof constituting a part of the route of a parade for which a permit has been granted under Chapter 14 of this Code. The chief of police shall have the authority to designate any parade route and to post signs to such effect and when such signs are so posted, no person shall park or leave unattended any motor vehicle in violation thereof. Sec. 12-59. Presumption in prosecutions for parking violations. In any prosecution charging a violation of any provision of this article or any regulation or rule established pursuant hereto, proof that the vehicle described in the complaint, summons, parking ticket or warrant was parked in violation of such provision, together with proof that the defendant was, at the time of such parking violation, the registered owner of the vehicle, as required by chapter 6 (section 46.2-600 et seq.) of title 46.2 of the Code of Virginia, 1950 as amended, shall constitute in evidence a tlmIì!i{@Ç!@ rebuttable presumption that such registered owner of the vehicle was the person who 148 February 24,1998 ~ parked the vehicle at the place where, and for the time during which, such violation occurred. 3. That this ordinance shall be in full force and effect from and after February 24,1998. On motion of Supervisor Nickens to adopt the ordinance as amended by Supervisor McNamara to eliminate references to volunteers and insert trained auxiliary police officers instead, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None = IN RE: CITIZEN COMMENTS AND COMMUNICATIONS 1. Louise Jones (address not provided). Eldon Karr 8011 Poor Mountain Road and Annie Krochalis 9428 Patterson Drive residents of Bent Mountain, requested assistance from the County on cleanup after the ice/snow storm in early February. Supervisor McNamara and Mr. Hodge advised that staff will continue special brush and. bulk collection until all the debris is picked up, and that the County is contracting for a chipper to remove more debris. Staff will come back to the Board with a funding appropriation for the chipper. 2. The following residents from the Bradshaw Road area spoke regarding the recent appointment to the Roanoke Valley Resource Authority: a. Ginny Benson 8998 Bradshaw Road b. Larry Markle. 8863 Williby Road c Mark Schefsky 8385 Bradshaw Road d. Mac Johnson. 7881 Bradshaw Road e. Kate Schefsky. 8385 Bradshaw Road f. Kenneth Tully. 8853 Bradshaw Road February 24, 1998 149 ~ - Q. A. Scott McDowell. 5999 Bradshaw Road They questioned the reason for appointing someone from another area of the County instead of reappointing the citizen who had served from the Bradshaw Road area. They also requested that a resident from the Bradhshaw Road community be appointed to the RVRA in the future because the landfill is located in their neighborhood. A petition was presented to the Board requesting that in the future, a member from the Bradshaw Road would always serve on the Roanoke Valley Resource Authority Board. Chairman Johnson asked staff to review the Roanoke Valley Resource Authority documents and bring back a report to the March 10, 1998 meeting. IN RE: ADJOURNMENT At 8:40 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, ~N.~ Mary H. Allen, CMC Clerk to the Board 150 February 24,1998 E / This page left intentionally blank