Loading...
HomeMy WebLinkAbout10/14/1997 - Regular --., October 14, 1997 595 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 14,1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of October, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Lee B. Eddy, Fenton F. ""Spike" Harrison, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 596 October 14,1997 A~eNUA II eM:) - Chairman Johnson added a Certificate of Recognition for Gayle Ross for being named ScienceTeacher of the Year by the Virginia Junior Academy. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1... Resolution of Appreciation to W. Darnall Vinvard for his service to Roanoke County as a member of the Industrial Development Authority. R-101497-1 Mr. Vinyard was present to accept the resolution. Mr. Gubala and Bill Branch, Chairman of the IDA, also presented a plaque to Mr. Vinyard from the Industrial Development Authority honoring his service to the IDA. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 101497-1 OF APPRECIATION TO W. DARNALL VINYARD FOR HIS SERVICE TO ROANOKE COUNTY AS A MEMBER OF THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, on August 11, 1971, Roanoke County established the Industrial Development Authority; and WHEREAS, one of the charter members of the Roanoke County Industrial Development Authority was W. Darnall Vinyard who was appointed on September 26, 1972; and WHEREAS, Mr. Vinyard has served the citizens of Roanoke County as a member of the Authority since that time, being reappointed in 1974, 1977, 1981, 1985, - ~ October 14, 1997 597 1989, and 1993 for a total of 25 years; and WHEREAS, during Mr. Vinyard's tenure on the Authority, Roanoke County's economic development efforts increased dramatically, and the Authority developed Valley TechPark within which R. R. Donnelley eventually located; and WHEREAS, in addition to his service on the Industrial Development Authority, W. Darnall Vinyard donated 41 % acres of land in 1984, and 45 acres of land in 1991 to the County with the specific request that it be used for parks and recreational purposes; and WHEREAS, these generous gifts of land, now known as Vinyard Park, will provide outdoor pleasure and enjoyment for many generations of Roanoke Valley residents. 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 W. DARNALL VINYARD, for his service to Roanoke County as a member of the Industrial Development Authority for 25 years; and FURTHER, the Board again commends Mr. Vinyard for his gracious donations of land for the development of Vinyard Park, which is used daily by citizens from throughout the Roanoke Valley. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None Z. Resolutions of Appreciation to the followina employees for their militarv service durina the Bosnian conflict: R-101497-2 Resolutions were presented by Chairman Johnson to Steven Barger, William S. Bowling, Vanessa Payne and Marvin Loyd. Supervisor Eddy moved to adopt the resolutions. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 598 October 14, 1997 Ke~OLtlTIONS IÕ:¡:4~7-l OF APPR.ECIATION TO STcvc., L. I!IAftGl:ft. WILLIAM S. BOWLING, VANESSA L. PAYNE AND MARVIN L. LOYD FOR SERVING ON ACTIVE MILITARY SERVICE DURING THE BOSNIAN CONFLICT - WHEREAS, over the past several years, the United States and other countries throughout the world have joined together in a peacekeeping mission during the military conflict in Bosnia; and WHEREAS, many reservists were called to active duty to serve at military bases in Europe; and WHEREAS, four Roanoke County employees served their country with honor and distinction, both overseas and in the United States, during the Bosnian Conflict; and WHEREAS, it is fitting and proper to recognize their special contributions in helping the United States and its allies. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of its citizens, expresses its profound appreciation and pride to Steven L. Barger, an employee in the Engineering & Inspections Department; William S. Bowling, Sheriff's Office; Vanessa L. Payne, Police Department; and Marvin L. Loyd, Sheriff's Office, for the sacrifices they made by serving in active military duty. FURTHER, the Board of Supervisors is grateful that they are now safe, secure, and home with their families and friends. On motion of Supervisor Eddy to adopt the resolutions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None a. Steve Baraer. Engineerina and Inspections R-101497-2.a RESOLUTION 101497-2.a OF APPRECIATION TO STEVEN L. BARGER FOR SERVING ON ACTIVE MILITARY SERVICE DURING THE BOSNIAN CONFLICT WHEREAS, over the past several years, the United States and other countries throughout the world have joined together in a peacekeeping mission during the military conflict in Bosnia; and WHEREAS, many reservists were called to active duty to serve at military bases in Europe; and WHEREAS, four Roanoke County employees served their country with honor and distinction, both overseas and in the United States, during the Bosnian Conflict; and WHEREAS, it is fitting and proper to recognize their special contributions in helping the United States and its allies. ~ October 14,1997 599 - NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of its citizens, expresses its profound appreciation and pride to STEVEN L. BARGER, an employee in the Engineering & Inspections Department since April 30, 1990, for the sacrifices he made by serving on active military duty from January 9, 1997, to September 22,1997. FURTHER, the Board of Supervisors is grateful that Steven L. Barger is now safe, secure, and home with his family and friends. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None R-101497-2.b b. William Bowlina. Sheriff's Office RESOLUTION 101497-2.b OF APPRECIATION TO WILLIAM S. BOWLING FOR SERVING ON ACTIVE MILITARY SERVICE DURING THE BOSNIAN CONFLICT WHEREAS, over the past several years, the United States and other countries throughout the world have joined together in a peacekeeping mission during the military conflict in Bosnia; and WHEREAS, many reservists were called to active duty to serve at military bases in Europe; and WHEREAS, four Roanoke County employees served their country with honor and distinction, both overseas and in the United States, during the Bosnian Conflict; and WHEREAS, it is fitting and proper to recognize their special contributions in helping the United States and its allies. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of its citizens, expresses its profound appreciation and pride to WILLIAM S. BOWLING, an employee in the Sheriff's Office since June 16, 1982, for the sacrifices he made by serving in active military duty from January 9, 1997, to September 12,1997. FURTHER, the Board of Supervisors is grateful that William S. Bowling is now safe, secure, and home with his family and friends. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None R-1 01497 -2.c .!<. Vanessa Payne. Police DeDartment 600 October 14,1997 RESOLUTION 101497-2.c OF APPRECIATION TO VANESSA L. PAYNE FOR SERVING ON ACTIVE MILITARY SERVICE DURING THE BOSNIAN CONFLICT - WHEREAS, over the past several years, the United States and other countries throughout the world have joined together in a peacekeeping mission during the military conflict in Bosnia; and WHEREAS, many reservists were called to active duty to serve at military bases in Europe; and WHEREAS, four Roanoke County employees served their country with honor and distinction, both overseas and in the United States, during the Bosnian Conflict; and WHEREAS, it is fitting and proper to recognize their special contributions in helping the United States and its allies. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of its citizens, expresses its profound appreciation and pride to VANESSA L. PAYNE, an employee in the Police Department since February 3, 1994, for the sacrifices she made by serving in active military duty from January 9, 1997, to September 12, 1997. FURTHER, the Board of Supervisors is grateful that Vanessa L. Payne is now safe, secure, and home with her family and friends. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None d. Marvin Loyd. Sheriff's office R-101497-2.d RESOLUTION 101497-2.d OF APPRECIATION TO MARVIN L. LOYD FOR SERVING ON ACTIVE MILITARY SERVICE DURING THE BOSNIAN CONFLICT WHEREAS, over the past several years, the United States and other countries throughout the world have joined together in a peacekeeping mission during the military conflict in Bosnia; and WHEREAS, many reservists were called to active duty to serve at military bases in Europe; and WHEREAS, four Roanoke County employees served their country with honor and distinction, both overseas and in the United States, during the Bosnian Conflict; and WHEREAS, it is fitting and proper to recognize their special contributions in helping the United States and its allies. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of its citizens, expresses its profound appreciation October 14,1997 601 - and pride to MARVIN L. LOYD, an employee in the Sheriff's Office since November 3, 1984, for the sacrifices he made by serving in active military duty from January 9, 1997, to September 12, 1997. FURTHER, the Board of Supervisors is grateful that Marvin L. Loyd is now safe, secure, and home with his family and friends. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None .3.. Recognition of Visitors from Opole. Poland. (Elmer C. Hodae. County Administrator) Mr. Hodge introduced Wladyslaw Brudzinksi, Romuald Dureck, and Anna Bilik who were visiting Roanoke County from Opole, Poland, as part of the Manager-to- Manager program sponsored by the Virginia Local Government Management Association. 4. Certificate of Recognition to Gayle Ross for being named Virginia Junior Academy Science Teacher of the Year. Ms. Ross was present to accept the certificate from Chairman Johnson. INRE: BRIEFINGS 1... Briefing and presentation from Virginia Amateur Sports on the Commonwealth Games. (Peter R. LamDman. President. Virginia Amateur Sports) Mr. Lampman presented a plaque and t-shirts to the Board of Supervisors in appreciation for their participation. He reported that 9,823 athletes participated in 54 602 October 14,1997 sports dunng the Commonwealth Games. I here was a tour percent growtn trom last year and 59,000 have participated over the past eight years. The total economic impact in the Roanoke Valley based on expenditures from all events is estimated at $4,713,482. - INRE: NEW BUSINESS 1... Request for appropriation of funds for the design and construction of Phase 1 of the South County District Park. (John Chambliss. Assistant County Administrator) A-101497-3 Mr. Chambliss advised that in October 1996, Parks and Recreation staff presented to the Board a status report on the Park Master Plan program that was developed in 1986. They also provided a county-wide park land and facility inventory and as a result of that meeting, the Board directed staff to proceed with the development of a park master plan on school owned property in the Merriman Road area. The Parks and Recreation Department retained the services of Resources Planners Inc., a recreation planning and engineering consulting firm, to study the area around Merriman Road to asses the potential for creating a multi-use district park. At a work session on September 23, the staff presented two concept plans. Plan A assumes that the Parks and Recreation Department would develop the entire area, and Plan B assumes that the School Board will develop the 28 acre Taylor tract. Mr. Chambliss advised that at the work session, the Board directed staff to proceed with the appropriate documentation and bring a funding request back to this meeting. ~ October 14,1997 603 - Staff is recommending: (1) the appropriation of $20,000 from the Board Contingency Fund for design services for Phase 1 of Plan B; (2) authorization to transfer the balance of unspent funds, estimated at $218,950, for the purchase of land in Southwest County included in the 1992 bond proceeds to the park project; (3) authorization for staff to negotiate with the School Board for the transfer of the 11 acre Bogese/Lemon tract; and (4) authorization for staff to negotiate with representatives of Plastics One for an exchange of property to allow staff to proceed with the development of a South County district park. Supervisor Minnix moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Request to enter into an agreement with the City of Salem and City of Covington on behalf of Total Action Against Poverty (TAP) for the management of MicroEnterprise Loan Funds. (Tim Gubala. Economic Development Director) Mr. Gubala reported that the Board has previously endorsed an application by TAP to the Virginia Department of Housing and Community Development for a grant for $160,000 to establish a MicroEnterprise Loan Fund which will be available for the residents of Roanoke County and the Cities of Salem and Covington. The City of Salem will administer the loan fund. Roanoke County residents will be allocated $33,333 during 604 October 14, 1997 - - the first year of the grant. Supervisor Nickens questioned why $60,000 of the $160,000 total would be used to administer the project and thought that was unusually high. Mr. Gubala responded that an administrator would be hired to handle the loan funds. Supervisor Nickens suggested postponing a vote until officials from TAP could be present to answer questions. Mr. Gubala advised that the grant agreement does not have to be finalized until October 31,1997. Supervisor Nickens moved to continue the item until October 28, 1997 when TAP officials will be present to answer questions. The motion carried by a unanimous voice vote. 3. Authorization to reappropriate funds from the Capital Unappropriated Balance to the future School Capital Fund. (Diane Hvatt. Finance Director) A-101497-4 Ms. Hyatt reported that the County has been working with the schools and financial advisors to determine the best method to fund Phase I of the School Capital Construction Program. A fund has been established for future school capital that consists of monies that are being set aside currently to pay future debt payments. Deposits into the fund total $3,783,043. At this time all of the appropriations have been made except for reappropriating $1,113,043 from the County Capital Unappropriated Balance to the Future School Capital Fund. Staff recommends that the Board reappropriate these funds ~ October 14,1997 605 - - at this time. Supervisor Johnson moved to authorize the reappropriation of $1,113,043 from the County Capital Unappropriated Balance to the Future School Capital Fund. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 4. Acceotance and approoriation of $50.000 allocation for Rusco Window Companv of Roanoke. Inc. from the Commonwealth of Virginia. (Brian Duncan. Assistant Director of Economic Development) A-101497-S Mr. Duncan reported that during the last Virginia State General Assembly session, area state representatives worked together in an effort to find funding for the Rusco Window project in Valley TechPark. As a result, the General Assembly allocated $50,000 for the benefit of Rusco Window Company because of its contribution to the tax base of the Commonwealth over the past 50 years and the relocation of the previous facility due to road improvements. Mr. Duncan explained that the County received the check, and therefore the Board must accept the check and authorize staff to issue another check to Rusco Window, Inc. for the same amount. Supervisor Minnix suggested that letters of thanks be sent to Delegates Vic Thomas and Morgan Griffith for their assistance on this project. 606 October 14,1997 - - Supervisor Harrison moved to approve acceptance and appropriation Of me $50,000 check. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 5. Acceotance of the followina arants by the Police Department: (Ray Lavinder. Police Chief) ª'- Bureau of Justice Assistance (BJA\ block arant in the amount of $34.389.90 for Law Enforcement Support. A-101497-6.a Chief Lavinder advised that the Roanoke County Police Department applied for a Bureau of Justice Assistance block grant to provide law enforcement support. The grant is for $30,960.00 in federal funds and $3,429.90 in local funds, and will be used to purchase computer equipment and provide overtime funds for additional community policing efforts. In response to a question from Supervisor Eddy, Chief Lavinder advised that there will be no additional staff. Supervisor Nickens moved to approve acceptance of grant. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None - October 14,1997 607 - b... Community Crime Prevention Services arant in the amount of $19.215.00 for a Community Policin9 Bicycle Patrol Team. A-101497-6.b Chief Lavinder explained that the Police Department has applied for a grant to train and equip six existing police officers to work on a Community Policing Bicycle Patrol Team. The team will work in neighborhoods to develop neighborhood watch programs. The grant is for $14,411.25 in Department of Criminal Justice Services funds and $4,803.75 in local funds. Funds are available in the Police Department budget and no additional funding is needed. Supervisor Nickens moved to approve acceptance of grant. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: FIRST READING OF ORDINANCES 1... First reading of Ordinance releasing riaht of re-entry and certain restrictions on the use of certain real estate oreviously conveyed to Total Action Aaainst Poverty (Pinkard Court School Prooerty). and authorizing the County Administrator to execute documents. (Paul M. Mahoney. County Attomev) 608 October 14,1997 ~ 11. r 'II I~II.} 1.~~ll.J tll.it t} d~wJ Qf !JiR J~ltfJ P.h.y 1 ii, 1001, lIl1:f Ct:f~lIl) - conveyed to TAP the Pinkard Court School property. The Board wanted this property to be used for purposes compatible with the neighborhood which included affordable housing, special purpose housing or a day care facility. The deed restrictions included language that the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose and that no subsequent conveyance of this real estate shall be valid without the express written approval of the County. Mr. Mahoney advised that TAP has executed an option agreement with Interstate Development, L.L.C., which will be assigned to Lowe's for the construction of a commercial retail establishment on this property and in the Pinkard Court community. TAP has requested the County to release this right of re-entry and these restrictions so that this property can be conveyed to Lowe's. Mr. Mahoney explained that a Letter of Understanding has been negotiated with TAP concerning the sale of the former school property. The County will receive $200,000 from the proceeds of the sale and TAP and Blue Ridge Housing Development Corporation will implement an Affordable Housing Program in Roanoke County with the remaining proceeds from the sale. The program will have a minimum construction value of $1 million and shall be completed within three years from the closing date. In response to questions from the Board members, Mr. Mahoney advised that: (1) if the Lowe's changes its mind, nothing will happen because none of the releases described will be on record until closing; (2) if TAP does not spend the $1 million as set ~ October 14,1997 609 - out in the Letter of Understanding, the County can enforce the agreement by law suit. Mr. Hodge advised that the $1 million must be spent in construction and renovation and may not be used for administration costs or vouchers. Supervisor Nickens advised that he would vote present because he was absent in previous discussions of this issue. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for October 28, 1997 The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Johnson None PRESENT: Supervisor Nickens k First readina of ordinance authorizinQ the vacation of a oortion of an existing 15-foot drainage easement and acceptance of a new 15-foot drainaae easement across 3.07 acres of land on the west side of Dorset Drive. orooertv of Dannv A. Gilbert and Linda K. Gilbert. (Arnold Covey. Director of Engineering & Inspections) Assistant Director of Engineering & Inspections George Simpson reported that Roanoke County on behalf of Mr. and Mrs. Gilbert, the property owners, is requesting that the Board of Supervisors vacate a 15 foot drainage easement and accept a new 15 foot drainage easement in order to improve the stormwater system. Following discussion, Supervisor Eddy moved to approve the first reading 610 October 14,1997 - ana set me secona reaalng Tor Uctot>er ;¿I:!, 1!: !: { I ne motion carnea t>y tne fOllowing - recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ~ First readina of ordinance aooroving and authorizing the execution of a lease with Ohio State Cellular Phone Company. Inc. for a communications antenna tower at Catawba Fire Station. (Paul Mahoney. County Attorney) It was the consensus of the Board to move this item to the Executive Session for discussion. No action was taken. INRE: SECOND READING OF ORDINANCES 1... Second readina of ordinance amending and reenacting Sections 5-21 and 5-24 of Article II. Dogs. Cats and other Animals. of Chaoter 5. Animals and Fowls. of the Roanoke County Code to permit the keeDing of as many as three doas in a dwelling unit and Section 30-29-2. Residential Use Tvpes (private Kennel) of the Roanoke County Zonina Ordinance. (Terry Harrin9ton. Plannina & Zoning Director) (CONTINUED FROM SEPTEMBER 23. 1997) 0-101497-7 - October 14,1997 611 - Mr. Harrington advised that at the second reading of this ordinance on September 23, the Board directed that minor amendments to the proposed ordinance be made by maintaining Roanoke County's current dog limit at two and establishing a 90 day period beginning on October 14 during which time any owner of three dogs may legally license them. Once licensed, the owner of the licensed dogs may legally renew the license for each of the three dogs originally licensed, provided the licenses are continually maintained and do not lapse. Ms. Kathy Casey, 4949 Apple Tree Drive, presented letters of support from her neighbors and a letter from her opposing the use of anonymous animal control complaints. She also suggested notifying real estate agents of the two dog limit in Roanoke County. Supervisor Minnix advised that he had received overwhelming support to keep the ordinance to two dogs. Supervisors Eddy and Harrison explained that they would support the proposed ordinance but felt it would not solve the problem. Supervisor Eddy suggested a deadline of January 31, 1998 to obtain a dog license for three dogs. Supervisor Nickens moved to adopt the ordinance as amended by Supervisor Eddy extending the amnesty date to January 31, 1998. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 101497-7 AMENDING AND REENACTING SECTION 5-21. DEFINITIONS AND SECTION 5-24. LIMITATIONS ON NUMBER KEPT PER DWELLING UNIT OF ARTICLE II. DOGS. CATS AND OTHER 612 October 14, 1997 - ANIMALS OF CHAPTER 5 ANIMALS A~ OF THE ROANOKE COUNTY CODE AND SECTION 30-29-2. RESIDENTIAL USE TYPES (PRIVATE KENNEL) OF THE ROANOKE COUNTY ZONING ORDINANCE TO PROVIDE FOR A TRANSITIONAL PERIOD TO ALLOW FOR THE KEEPING OF UP TO THREE (3) DOGS IN A DWELLING UNIT AND TO REDUCE THE AGE OF DOGS SUBJECT TO THESE PROVISIONS - WHEREAS, in the interest of public necessity, convenience, and general welfare, the Board of Supervisors hereby wishes to amend those portions of the Roanoke County Code which establish limits as to the number of dogs which may be kept in any dwelling unit in the county; and WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 82592-12 which enacted a new zoning ordinance for Roanoke County; and, WHEREAS, the Planning Commission for Roanoke County held its public hearing on this amendment on September 2, 1997, and made a recommendation concerning approval of the ordinance adopting this amendment to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on August 19, 1997; and the second reading and public hearing was held on September 23, 1997, and continued to October 14,1997, to incorporate certain amendments to said ordinance. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. DOGS, CATS AND OTHER ANIMALS of Chapter 5, ANIMALS AND FOWLS and Section 30-29-2. RESIDENTIAL USE TYPES of the Roanoke County Zoning Ordinance be amended and reenacted as follows: Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than two (2) dogs r~lf{ii~ six (6) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. Sec. 5-24. Limitation on number kept per dwelling unit. (a) The harboring or keeping of more than two (2) dogs over four (4) months of age per dwelling shall be unlawful, unless a private kennel license has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. ~ October 14, 1997 613 - -' (b) As of July 1, 1994, any owner of more than the number of cats permitted under subsection (a) shall be entitled to continue to harbor or keep such cats, provided they comply with the following requirements: (1) A license for each cat in a dwelling is obtained as required by Division 2, "License" of Micle II of this chapter within thirty (30) days of the effective date of this subsection; and (2) A license shall be obtained and kept in force for each cat claimed under this subsection for each subsequent year that the cat shall remain alive. Any break in maintaining a valid license for any cat shall extinguish any right of such owner to claim the benefit of this subsection. ~ .¡:~_I~¡¡¡f.t_í.irîS!;mg(~_fi[mllllfiæ:S!¡ª~ ~ (~.," .... ....;~"Jj!îfl@'ì{¡rIIL::'::L":", '. i.~:i!lf ,¡Q.,¡IIRi!¥ßf9JJ¡.~&!iî fa) iliiIC~~~:;:::::'::::~::::~:~: _.[~¡Pí!mmgÇf_~Qf!¡~ªJ~'[~n~l.§¡¡!ª!îªI~!~ (~qª¡(~g¡m!l)¡¡mìǧffip!!ªgçg;w.ttltnl_硺I:¡¡íl¡IYi!¡¡ Section 30-29-2. RESIDENTIAL USE TYPES of the Roanoke County Zoning Ordinance. Kennel, Private - The keeping, breeding, raising, showing or training of three or more dogs over ~ r. months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. 2. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance as amended by Supervisor Eddy, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of an ordinance authorizing the construction of and financing for a Local Public Works Improvement Proiect - 614 October 14, 1997 Little BruShy Mountain Water ProJect. (Gal)' Robertson. u.mlty Director) 0-101497-8 Mr. Robertson reported that since the first reading, a' developer has proposed installing the initial segment of waterline along Skyview Road to Weaver Road and requested that these parcels be removed from the special service area. The construction cost, if approved would be $780,000. If the developer participates, the developers share of the cost will be $75,000. Staff recommended approval if 40 property owners commit to the project. The developer Marvin Gordon, 1456 Skyview Road, advised that he will install water and sewer lines at his expense but explained that the ordinance stated that the construction and acceptance by the County had a deadline of August 1, 1998. He requested an extension of the deadline to October. Following discussion, it was decided that the ordinance could be amended to authorize the Utility Director to approve an extension from August 1 to October 1, 1998. Supervisor Nickens moved to adopt the ordinance amended to allow the Utility Director to extend the date in Paragraph 2(B). The motion carried by the following recorded vote: AYES: NAYS: ABSTAIN: Supervisors Eddy, Minnix, Nickens, Johnson None Supervisor Harrison ORDINANCE 101497-8 AUTHORIZING THE CREATION OF AND - October 14, 1997 615 - FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, LITTLE BRUSHY MOUNTAIN WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Little Brushy Mountain Community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years in accordance with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of this Ordinance was held on September 23, 1997, and the second reading was held October 14,1997; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for a portion of the Little Brushy Mountain Community. The total construction cost of this public water project is estimated to be $780,000, to be initially financed as follows: Citizen Participation Advance from Public Works Participation Fund Roanoke County Utility Fund Total $337,500 337,500 105.000 $780,000 That there is hereby appropriated for this project the sum of $337,500 from the Public Works Participation Fund (which was established by the Board of Supervisors on July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. (A) That the "Project Service Area" is shown and designated on the attached plat entitled "Little Brushy Mountain Water System Project" prepared by the Roanoke County Utility Department, dated October 6, 1997, and identified as Exhibit 1. The Little Brushy Mountain Water Project Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $7,500 toward construction costs which includes the off-site facility fees applicable at the time of connection (presently $2,690), said costs to be paid in full and in advance of connection to the public water extension. (B) The "Project Service Area" shall be reduced in size by the elimination of 19.35 acres (Tax Map Nos. 44.04-1-3, 45.03-2-9, 10, 11, 12, 13, 13.1) from 616 October 14,1997 the area, if the owners agree to extend and construct at their expense publiC water facilities in accordance with County plans and specifications, and to donate the public water facilities and necessary public easements to the County. This reduction is contingent upon (I) the owners executing a utility construction extension agreement, upon form approved by the County Attorney, on or before October 31, 1997; (ii) the owners beginning construction of the water line no later than April 1, 1998; (iii) the owners completing all construction of the public water extension, and its acceptance by the County, on or before August 1, 1998; and (iv) conveyance of all required and necessary easements for these public water facilities, and acceptance by the County, on or before August 1, 1998. The Utility Director is granted authority to approve an extension of time to complete the construction of the water line, due to delays caused by weather. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before January 14, 1998, of their a portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Payment of $3,750 as a down payment per property owner/residential connection and payment of the remaining $3,750 to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. © Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. (d) Property owners who wish to participate after the January 14, 1998 deadline shall pay $7,500 plus the off-site facility fee in effect at that time. 4. That the payment by citizens in the project service area who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its - adoption. On motion of Supervisor Nickens to adopt the ordinance amended to allo the Utility Director to extend the date in Paragraph 2 (B), and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Nickens, Johnson ~. October 14, 1997 617 - NAYS: ABSTAIN: None Supervisor Harrison ~ Second reading of ordinance authorizing the donation of lease of office soace in the Roanoke County Administration Center to the Roanoke Vallev Greenw~y Commission. (Paul Mahoney. County Attorney) 0-101497-9 Mr. Mahoney reported that there were minor changes to the agreement and no changes to the ordinance since the first reading. In response to an inquiry from Supervisor Nickens, Mr. Harrington advised that when the Greenway Coordinator was located in the Fifth Planning District Commission offices, a percentage of the greenway funds was allocated to the Fifth PDC to cover their administrative costs. Relocation to the Administration Center will result in savings because the County will cover the heat, electrical and other building costs and the saved funds can be reallocated to greenway projects. Supervisor Nickens asked Mr. Harrington to report back on what computer is being used and if there are other employees who have more need for the computer. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None ORDINANCE 101497-9 AUTHORIZING EXECUTION OF AN AGREEMENT AND THE DONATION BY LEASE OF OFFICE SPACE IN THE ROANOKE 618 October 14, 1997 COUNTY ADMINISTRATION CENTER TU I He KUANUl\e VALLE) GREENWAY COMMISSION - WHEREAS, Ordinance 040897-6 authorized execution of an intergovernmental agreement establishing the Roanoke Valley Greenway Commission between the City of Roanoke, the City of Salem, the County of Roanoke, and the Town of Vinton pursuant to Section 15.1-21 of the 1950 Code of Virginia, as amended; and WHEREAS, Section 15.1-21 of the 1950 Code of Virginia, as amended, further provides authority for any political subdivision entering into such an agreement pursuant to this State Code section to "supply... such property, personnel or services therefor as may be within its legal power to furnish" to this intergovernmental commission; and WHEREAS, pursuant to Section 16.01 of the Roanoke County Charter, the Board of Supervisors has determined that certain office space in the Roanoke County Administration Center is temporarily surplus and available for other public uses, and that the donation by lease of this office space to the Commission will serve other public uses; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on September 23, 1997; and the second reading was held on October 14,1997. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is in the County's best interests to enter into an agreement to document the working relationship between the County and the Commission and to provide for the donation by lease of office space to the Commission in the Roanoke County Administration Center. 2. That the County Administrator is authorized to negotiate and to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the purposes of this transaction, all of which shall be upon a form approved by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: APPOINTMENTS 1... Grievance Panel Appointments to this panel were discussed in Executive Session. ~ October 14, 1997 619 - IN RE: CONSENT AGENDA R-101497-10 Supervisor Johnson moved to adopt the Consent Agenda with Item 5 removed to discuss in Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 101497-10 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 October 14, 1997 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 7, inclusive, as follows: 1. Approval of Minutes - August 19, 1997 2 Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals), the Hanging Rock Battleground and Rail Preservation Foundation, and the Industrial Development Authority. 3. Acceptance of a donation to the Roanoke County Police Department by Moose Lodge #1121. 4. Acceptance and appropriation to School Board of $1 ,500 grant from the Virginia Department of Education for equipment for students with disabilities. s. ne30lution amending Chapter V, "OrievanÅ“ rrocedurc", of the l108F1ol(f: County employce Ilandbool(, by altering tl=le COfflpo3ition of 620 October 14,1997 IFle l.,;rl£V8F1Ce I "8nel EiY IRe aaomon of ~nO fu:!dltlo"gl gIL~I'lgLv members to said I'anel. - 6. Designation of Voting Representative at the Virginia Association of Counties Annual Business Meeting. 7. Donation of additional two-foot water line easement from Everett N. and Dana Hartwell (Red Lane Extension). 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 with item 5 removed to discuss in Executive Session, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Eddy: (1) He announced that the County had written a letter concerning Ron Ramsey's appearance at the September 23rd Board meeting asking that the Board express concern at the possible loss of jobs relative to the breakup of Conrail. (2) He received a letter on October 1 from the Vinton Historical Society expressing concern about the future use of some Vinton area schools. Supervisor Nickens responded that he would draft a response for the Board members to review. (3) He announced that Clean Valley Council and the Resource Authority have scheduled a "Take it or Leave it" Day on October 19 for people to bring household items they no longer need which would then be available to be taken and used by others. (4) He advised that he wrote a memorandum in September about a Pollution Prevention Program and had received a response from Mr. Hodge that if there was Board consensus, he would establish a team to review. There was no response from other Board members. (5) He advised that he sent ~ October 14,1997 621 - a memorandum on the establishment of a Commission for Children and Youth and requested that it be included on this agenda. Chairman Johnson advised that he and Mr. Hodge determine what items will be on agenda and if there is interest from two other Board members, the item will be placed on the next agenda. No interest was expressed by the other Board members. (6) He asked staff whether the Board will be asked to approve the regional bikeway plan. Mr. Hodge responded that Terry Harrington is preparing a report and he will check with him and report back to Supervisor Eddy. (7) He advised that he wrote Mr. Hodge regarding mission statements for the County. Mr. Hodge responded that this will be discussed in a January 1998 planning session. He suggested that department missions also be discussed at that time. (8) He asked whether there would be a report on the low band radio system at the Roanoke City joint meeting on October 28, 1997. Mr. Hodge responded that they have contacted other localities, the Virginia Department of Transportation, and Blue Ridge Parkway for potential sources of funds. He and Roanoke City Manager Bob Herbert will prepare a report for the joint meeting. Supervisor Harrison: He announced that there will be a Battle of the Bands at the Brambleton Teen Center on Saturday, October 18. Supervisor Johnson: He advised that a letter to the editor by Ms. Nyna Murray in Roanoke Times stating that he did not return her phone calls was incorrect and that he had contacted Ms. Murray. However, this issue is now in the hands of her attorney and the County Attorney, and he did not feel that he should interfere with the legal process. 622 October 14,1997 IN Kt:: KeI"UKI::i Supervisor Minnix moved to receive and file the following reports after discussion of Item 6. The motion carried by a unanimous voice vote. 1... General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance ~ Board Contingencv Fund 4. Statement of Revenues and Expenditures for oeriod ended Auaust31.1997 5. Report on exoenditures and commitments for oublic private partnerships from the Economic Development Capital Fund. 6. Update on CORTRAN Program. Supervisor Nickens requested that the average cost per trip be included in the next report. INRE: EXECUTIVE SESSION At 5:20 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 a.(7) consultation with legal counsel pertaining to actual or probable litigation with the Environmental Protection Agency; 2.1- 344 A (7) consultation with legal counsel and staff pertaining to legal matters requiring legal advice; agreement with Town of Vinton; 2.1-344 A (3) consideration of the acquisition or use of real property for public purpose (condemnation proceedings); 2.1-344 A (1) ~ October 14,1997 623 - JJvlò:)Ùllllvl IIIClll~l, ClfJ",ulIllIIIClll~ Lv lilt:: t:;11t:\!Vdll\.oC F'C:IlIt:1 èUIU 1L~1I1 I-~, 2-1-~"'t4 A i, settlement of actual litigation, Ohio Cellular. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CERTIFICATION OF EXECUTIVE SESSION R-101497-11 At 6:45 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 101497-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. 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 Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 624 October 14, 1997 IN RL I:INrlNISIII:Ð ACTION - 1. Resolution amending ChapterV. "Grievance Procedure". of the Roanoke County Employee Handbook. by alterina the composition of the Grievance Panel by the addition of two additional alternate members to said panel. R-101497-12 Supervisor Johnson moved to adopt the resolution increasing the membership of the Grievance Panel by two alternates. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 101497-12 AMENDING CHAPTER V, "GRIEVANCE PROCEDURE", OF THE ROANOKE COUNTY EMPLOYEE HANDBOOK, BY ALTERING THE COMPOSITION OF THE GRIEVANCE PANEL BY THE ADDITION OF TWO ADDITIONAL ALTERNATE MEMBERS TO SAID PANEL WHEREAS, Section 15.1-7.1 of the Code of Virginia requires that the governing body of every county, city and town which has more than fifteen employees shall have a grievance procedure for its employees that affords an immediate and fair method for the resolution of disputes which may arise between the public employer and its employees; and, WHEREAS, the Board of Supervisors of Roanoke County has adopted such a grievance procedure, which is incorporated in the Roanoke County Employee Handbook; and, WHEREAS, the Board desires to alter the composition of the grievance panel by the addition of two additional alternate members to said panel. IT IS HEREBY RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That Section H.5 of Chapter V, "Grievance Procedure" of the Roanoke County Employee Handbook is amended to read as follows: Step IV--Panel Hearing If the Step III written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the County Administrator on the Panel ~ October 14,1997 625 - I'/eaflng fõll" {ro.rn. OJ YYI\llIIllêll calðl,d8f dQl'¡;' r. UIII rec~lyl"g tnv Step III decision. The County Administrator shall immediately submit a copy of the panel hearing request to the Director of Human Resources. The County Administrator or the Administrator's designee shall arrange a hearing and forward copies of the grievance to the panel members. The panel is appointed by the Board of Supervisors and consists of three regular members and two il alternate members. All are appointed for three-year terms. The panel selects a chairperson at the beginning of each grievance panel hearing. To insure impartiality, the following persons will be disqualified and will not serve on the panel: o individuals who are directly involved with the grievance or with the circumstances that caused the grievance o an attorney who is directly involved with the grievance, or a partner, associate, employee or co-employee of such an attorney o a spouse, parent, child, descendants of a child, sibling, niece, nephew or first cousin of any participant in the grievance o a parent, child, descendants of a child, sibling, niece, nephew or first cousin of the spouse of any participant in the grievance. An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within ten calendar days from receiving the case or as soon as a panel can reasonably be assembled. 2. That this Resolution shall become effective upon the date of its adoption. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 626 October 14,1997 - IN RE: ADJOURNMENT At 6:46 p.m., Chairman Johnson declared the meeting adjourned. Submitted by, Approved by, '/YJa ~";r fl. 0 ·UJ ^-' Mary H. Allen, CMC Clerk to the Board