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Home My WebLink About4/12/1994 - Regular ""I11III ~ April 12, 1994 177 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 12, 1994 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 April, 1994. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived 3:07 p.m. ) 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 I The invocation was given by the Father Kenneth Stofft, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance ..... "..- us April 12, 1994 þ was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy added Executive Session Items, Proclamation Declaring May 9 as Tour DuPont Day, and Introduction of the New utility Director. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, PRESENTATIONS AND AWARDS ~ Proclamation Declarina the Week of AÞril 10 - 16. 1994 as Public Safety Telecommunicators Week. I Chairman Eddy presented the proclamation to ,Vicki Thomas, Sharon Reynolds, Janice McLaughlin, and Dustin Campbell, dispatchers in the Police Department Communication C~nter. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Resolution of AÞÞreciation to Harold Richardson for his Service to Roanoke County. R-41294-1 Chairman Eddy presented the framed resolution to Mr. Richardson. I l ""I11III ~ April 12, 1994 179 Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 41294-1 OF APPRECIATION TO HAROLD W. RICHARDSON FOR HIS SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Harold W. Richardson has served as a member of the Board of Equalization since January 1, 1991¡ and WHEREAS, Mr. Richardson also served on the Board of I Zoning Appeals from June 1988 through June 1993; and WHEREAS, from 1988 through 1990, Mr. Richardson served on the Roanoke County Landfill citizens Advisory Committee (LCAC), a committee that dealt with the siting of a landfill and establishing rules and regulations for its operation¡ and WHEREAS, the LCAC was the recipient of state and national awards for encouraging citizen involvement in this emotional and controversial issue, serving as a model for future landfill sitings¡ and WHEREAS, Mr. Richardson devoted many hours of dedicated service to the citizens of Roanoke County through his membership on these committees and his service as vice chair of the Board of Zoning Appeals and Landfill Citizens Advisory Committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of I Supervisors of Roanoke County, Virginia does hereby express its sincere appreciation and the appreciation of the citizens of ..... "..- 180 April 12, 1994 þ Roanoke County to HAROLD W. RICHARDSON for his dedicated service to the Board of Equalization, the Board of Zoning Appeals, and the Landfill citizens Advisory Committee. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ Proclamation Declarina the Week of AÞril 16 - 23. 1994 as National County Government Week. Chairman Eddy presented the proclamation to Mr. Hodge. Supervisor Minnix moved to adopt the proclamation. The motion carried by the fOllowing recorded vote: I AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ Proclamation Ceclarina Hay 9. 1994 as Tour DuPont Day. Chairman Eddy presented the proclamation to Brian Duncan. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ Introduction of New utility Director Mr. Hodge introduced the former Assistant utili ty Director Gary Robertson who has been appointed the new utility I l ~ I I ~ April 12, 1994 181 Director. IN RE: NEW BUSINESS ~ Reauest for AÞÞroval of Lease Purchase of Eneray Hanaaement proaram for the County Schools. (Homer Duff. School Director of Facilities and OÞerations) Mr. Duff reported that in May 1993 the County entered into a contract with Johnson Controls to install energy management equipment in twenty-three school buildings and ten County buildings. The County schools are requesting that the equipment be installed in fifteen additional school buildings at a cost of $1,128,659. Mr. Duff advised that Johnson Control guarantees energy savings on each building which will offset the cost of the payments. School Board Chairman Frank Thomas advised that these schools were not included in the original contract because there was construction going on and they wanted to wait until the construction was complete. School Superintendent Bayes wilson advised that the schools asked County Attorney Paul Mahoney and Procurement Director Elaine Carver to review the proposed contract to address any legality questions, and both said they saw no legal problems. Kurt Johnson of Johnson Controls was present and described how they arrived at the energy savings figures. ~ ,...- LS2 April 12, 1994 þ Supervisors Johnson and Eddy expressed concern that the project was not competitively bid out. Following discussion, Supervisor Nickens moved to approve the lease purchase with funding not to exceed $1.1 million from the Unappropriated Balance. The motion was defeated by the following recorded vote: AYES: Supervisors Nickens NAYS: Supervisors Johnson, Kohinke, Minnix, Eddy Supervisor Eddy moved to adopt the resolution approving the lease purchase. The motion was withdrawn with no vote. Supervisor Minnix moved to continue the item and adjourn the meeting to April 15, 1994, at 8:00 a.m. for a work I session. The motion carried by a unanimous voice vote. h Reauest to Acceþt Funds from the ComÞensation Board for a Correctións Officer position. (Sheriff Gerald Holt), A-41294-2 Sheriff Holt advised that the State compensation Board approved an emergency funded corrections officer position in the 1993/94 fiscal year. He requested that the Board accept funds in the amount of $14,8l1.02 and credit that amount to the Sheriff's Payroll Account. He advised that this is a temporary position, based on state funding and the hired employee is aware of that information. Supervisor Nickens moved to approve the request. The I l ~ ""I11III April 12, 1994 183 I I motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ Reauest for AÞÞroval to Remove the CaÞ on the Sheriff's Subfund. (Sheriff Gerald Holt) A-41294-3 Sheriff Holt reported that on April 27, 1993, the Board of Supervisors approved the establishment of a Sheriff's subfund for the reallocation of fees collected up to a cap of $40,000 annually. He requested that the cap be removed and all funds be placed in the sub fund for maintenance and support of prisoners. In response to a request from Board members, Sheriff Holt advised that he would prepare an annual report each year on how this money was spent. Supervisor Nickens moved to approve the request to remove the cap. The motion carried by the following recorded vote: AYES: NAYS: Supervisors JOhnson, KOhinke, Minnix, Nickens, Eddy None ~ Desianation of Aaent for the County of Roanoke to Obtain Federal and State Financial Assistance for Damaaes Durina the February 8 12. 1994 Ice Storm. (Elmer C. Hodae. County Administrator) A-41294-4 There was no discussion. Supervisor Nickens moved to ~ "..- 1M April 12, 1994 þ approve the designation of Chief Accountant vincent Copenhaver. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Reauest for AÞÞroval of the Roanoke Valley Reaional Cable TV Budaet. (Anne Marie Green. community Relations Director) A-41294-S There was no discussion. Supervisor Johnson moved to approve the Cable TV Budget of $41,780. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy I NAYS: None .L.. Reauest to Share in tbe Cost of a - New Restroom/Concession Facility at Cave Sorina Hiah School. (John Chambliss. Assistant County Administrator) A-41294-6 Mr. Chambliss reported that the Booster Club at Cave Spring High School has obtained donations of money, materials and labor to help construct a restroom/concession facility at Cave spring High School. The cost is approximately $50,000. The County is being asked to install the water and sewer lines and connections, and contribute $15,000 towards the construction cost I l ~ ""I11III April 12, 1994 185 I I for a total of $22,000. Staff is recommending that the funds be loaned to the project from the southwest County parks and recreation bond projects, specifically Garst Mill Park improvements. Supervisor Nickens suggested that the funds be taken from the Capital Reserve Fund instead of the bond project money. Supervisor Johnson moved to approve the transfer of $22,000 from the Capital Fund for the project. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: FIRST READING OF ORDINANCES ~ Ordinance Enactina Sections 12-40 to 12-43 of Article II., County Vehicle License of Chaþter 12 Motor Vehicles and Traffic of the Roanoke County Code to Provide Authorization for Reaional Enforcement of Vehicle Decal Ordinances. (JoseÞh Obenshain. Sr. Assistant County Attorney) Mr. Obenshain advised that this ordinance will permit the- County's participation in a joint enforcement program of decal violations for the County of Roanoke, the City of Roanoke, the City of Salem and the Town of Vinton. The proposed effective date of the agreement between the localities is June l, 1994 and enforcement will begin on June 15, 1994. ..... "..- 1&6 April 12, 1994 þ Supervisor Minnix moved to approve the first reading and set the second reading for April 26, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None L. Ordinance Vacatina a 15 Foot Drainaae Easement as Shown on Lots 6. 7. and 8. Located on Elbert Drive. Block 1. section 1 of Suaarloaf Hiahlands in the Windsor Hills Haaisterial District uÞon the Petition of Walter J. and Sue G. Baumoel. (Arnold Covey. Director of Enaineerina , InsÞections) I Mr. Covey advised that Mr. & Mrs. Baumoel are requesting this vc.cation because the existing easement, not in use, passes through the existing houses and pool on lots 6, 7 and 8. They only recently discovered that the easement had not previously been vacated. Mr. Covey stated that the Baumoels are granting a new drainage easement north of the existing easement. Supervisor Nickens moved to approve the first reading and set the second reading for April 26, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~Ordinance Declarinq a Parcel of real Estate I l ""II1II ~ April 12, 1994 187 I Identified as tax MaÞ No. 36.12-1-23 and Located on North Lake Drive (Block 3M. Section 10. North Lakes SUbdivision) in the Catawba Maaisterial District to be SurÞlus and AcceÞtina/Reiectina an Offer for the Sale of Same. (John D. Willey. prooertv Hanaaer) Mr. Willey advised that he has received an offer for this piece of property. There is one other individual who may also make an offer. Supervisor Nickens asked that a legal notice about the surplus property be placed in the three Roanoke Valley newspapers. He moved to approve the first reading and set the second reading for April 26, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: SECOND READING OF ORDINANCES ~ ordinance Amendina and Reenactina Sections of Article II. Doas. Cats. and Other Animals. of ChaÞter 5. Animals and Fowl of the Roanoke County Code to Reauire Licensure of Cats. to Provide Standards for the Humane Treatment of Animals. to Limit the Number of Cats Þer Dwellina unit. to Provide for a Three Year License Tax for Doas and I ~ "..- 188 April 12, 1994 Cats. to Increase the Board Fee for ImÞounded Animals. and to Define Certain Acts Committed by Animals as Nuisances and prescribinq Penalties Therefore. (JoseÞh Obenshain. Sr. Assistant County Attorney) (CONTINUED FROH KARCH 22. 1994) 0-41294-7 Mr. Chambliss advised that comments made by individuals and Board members at the March 22 meeting had been incorporated into the ordinance. The following citizens spoke on the proposed ordinance: 1. steven Karras. 4538 Old Cave Sprina Road, a veterinarian, advised that overpopulation is primarily due to mismanagement. He recommended identification so that owners could be found. 2. Lelia spitz. 1971 Oak Drive Extension. Salem. spoke in support of a spaying and neutering program. She felt that enforcement efforts won't work because of limited resources available. Following discussion, Supervisor Johnson moved to adopt the ordinance with the addition of "running at large". He later amended the motion to approve the ordinance, as drafted by the staff, wi th the addi tion of one of ~ the recommendations in Supervisor Eddy's memo of April 11, 1994. This would reduce the cat license to 50% for the period from July 1, 1994 to December 31, 1994. The motion carried by the following recorded vote: l þ I I ""I11III ~ April 12, 1994 189 AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: Supervisor Nickens ORDINANCE 41294-7 AMENDING AND REENACTING SECTIONS OF ARTICLE II, DOGS. CATS AND OTHER ANIMALS, OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANOKE COUNTY CODE TO REQUIRE LICENSURE OF CATS, TO PROVIDE STANDARDS FOR THE HUHANE TREATMENT OF ANIMALS, TO LIMIT THE NUMBER OF CATS PER DWELLING UNIT, TO PROVIDE FOR A THREE YEAR LICENSE TAX FOR DOGS AND CATS, TO INCREASE THE BOARD FEE FOR IMPOUNDED ANIMALS AND TO DEFINE CERTAIN ACTS COHHITTED BY ANIMALS AS NUISANCES AND PRESCRIBING PENALTIES THEREFORE. WHEREAS, Article 4 of Chapter 27.4 of Title 3.1 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to adopt local ordinances providing for the licensing of I cats; and WHEREAS, neighboring jurisdictions to the County of Roanoke have recently amended their animal control ordinances to reçuire the licensing of cats; and WHEREAS, the first reading of this ordinance was held on March 8, 1994; a pUblic hearing on March 22, 1994; and the second reading on April 12, 1994. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article II. Doqs. Cats. and Other Animals of Chapter 5, ANIMALS AND FOWL of the Roanoke County Code be amended and reenacted as follows: I DIVISION 1. GENERALLY Sec. 5-21. Definitions. ~ "..- 190 April 12, 1994 þ 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: . e _ . . 1.¥1@ª;:::¡:âill!ìmIflliim!,ilmi!¡!ä.!Êi~¡iliiëË ãl'!~~¡¡:;1!Hí;i!i:Ëë¡¡¡¡l!1Jj¡i¡§ê.,~!1ll;gn;¡ii!~¡~¡II§Êi1B¡¡¡i§jI¡fi~;I.i .1,ï.i~~~!ê:;::~::¡¡:;:~:limii.:It¡It1:i¡~~¡1i:¡¡f¡:;ª§';i:iEff¡~i!!¿¡fi~:~if~lïl"I~I§;I'JtII'~II~I~ !1§1.iê:}']:fffI9~~W:i:~¡¡::¡¡:i¡~]~eililÛJEli1~ñi:¡1B,@íI.~!i:¡Ur.il'.I:iiliiiiliiãllë¡'lIBIiJ:.fJJ l I I ~ I I " ""I11III ii'..'. April 12, 1994 191 ª.~:ii.:::::::::ãëmill:æg::::::::ñ.§Ì::::::::::m1ã::::¡::IllpiWlï:::::::::lñII::::::§llml::::::::lffiBI:::I:::ii,1¡;:Im1:æB[, ili,:ïil::::::::iil:::::::Bæñlª:ælil::::::::æl::::::ë!:nI:æliliñl::t:: . . . . Owner: Any person having a right of property in a dog IIBell, and any person who keeps or harbors a dog åËwRDI or has the dog lilëls in his care or who acts as its custodian, and any person who permi ts a dog PEilijIëifi to remain on or about any premises occupied by him. . . . . . Sec. 5-22. violations of article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor . ÆIÆ::::::iªl:il:ffi:ë!j:i:::::::::::::lñì::::::I:i~iñffili:1:::i::::::ñBæïiñ;gï~::::::I\lï::¡:::::::II!:II.ìl¥:' 21~:::::::::::::!5!::M:::::::::mi¥1:::::::imïg::::::::::§fi::::::::::ªëill:ëllã:i::::II~.Miš:::::::::gl::I¡:DÎlië::::::::::ŠœRiilfíii itiIË§ËËæÎlfi:::::::::::::lelæsl:::::::::::::ls:::::::::I:lil:I:::IêiI:::¡¡illllll:m:::::ma:::::::::::::sB:i.I¡I::::D¥:::::::::::::lil:¡::lli:Ii..ö iDfiiË:iiiiiiiiiliilipil:i:i¡pË:::::::ãilmli@ii¡¡¡i11šËil,li:i:: Sec. 5-23. Dogs 1B.IWM&.il.l deemed personal property; rights :.;.;.;.;.;.;.;.:.:.:.;.;.;.;.;.;.;.;.;.;.;.;.:.;.:.;.;.:.:.;.;.;.;. relating thereto. (a) All dogs äñllslli in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass, and the owners thereof may maintain any action for the killing of any such dogs ell:¡¡::sÎII, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog õiID6i£ which is :::::::::::::;::~~::::::::::::::::::::::::::: injured or killed contrary to the provisions of this article by ...4 "..- 192 April 12, 1994 þ any person shall be entitled to recover the value thereof BE ~ .:.:.:.:.:.:.:. the damage done thereto in an appropriate action at law from such person. (b) The animal control officer or other officer finding a stolen dog aËiI::lil or a dog sË:::I:êll held or detained contrary to law shall have authority to seize and hold such dog 9ËilliI:[~1 pending action before a general district court or other court. In no such action is insti tuted wi thin seven (7) days, such officer shall deliver the dog êiwRii to its owner. The presence of a dog êlMËi; on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, and the animal control officer may take such dog II HEMal! in charge and notify its legal owner to remove him. The ;:;:;::::::.:::;:x;:;:;:;:::::;:;:::;:::::;: legal owner of the dog SË~Elï shall pay a reasonable charge for the keep of such dog gE~Si:; while in the possession of the animal control officer. 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. ~ßljª:II<Ëlai:lñi~¡:::::RË¡¡:i:~iiãmña¡::::§I::ª[m;§glJfilil]t'lJ1H¡¡:::¡':§:I:::¡:lšiil~II{@ ËlíI:¡::¡¡¡¡¡:::~~!I!:!¡¡¡¡¡¡¡lilqt.:f.!i!:!!!:!:§I:¡:¡t:[1lš:~:!:!:!:!:!:!§i!:!:!!:!:II!iitl~!:!:ªñp.lff¡iRi;lilllliñ:¡!:¡¡¡§lg!:¡!¡:¡:¡:~¡li:li:¡:¡fi.[lilIb. 11.£š:i:¡ª¡¡!ti¡llfJ.§¡~~,iliŒ'->.I;~jII¡!:.I:¡:BDJJj!lg1!~!IUJ£iBBIlE5iDïijf~lBI_ 1.,Ÿli.l¡!:lgm.*1.i~¡:¡t:~JmË~!:'~ßI~f~1R1r@.fè'1iltjiIJ¡Þ:l'1~1.Jitlli.¡í.~II'J¡I_Î I l.tëir~~~tl1}lwlffii~i§I~~¡i¡¡liãæ¥¡:¡llilg¡f¡¡¡¡j»lli.ili¡\iW£*il!II.~.ili!!:!IIi.f!!il.X9_j l ~ I I ~ April 12, 1994 193 . . . . . Sec. 5-26. Nuisance prohibited. Reser~e4. ...4 "..- 194 April 12, 1994 þ 1Ë§lls§IIII¥~:~:~:~I:!i§~~:~~~~Ilml:ª¡t,:: . . . . . Sec. 5-29. Same - Impoundment. (a) It shall be the duty of the animal control officer or other officer to cause any dog found running at large in violation of section 5-28 RËI§ñìM!RmMëËmšÃ!mšEiÃI~ñïiílñll[¥m~1 ñlii~g§i:::::~:~:lñ::::~~~:lli:::::~::ii!:§BEi::::::::g~::~~~~::§li:::Ig~i:æeiE::::¡::§:i::¡¡¡::sBI¡æñßë:¡:¡:¡:DMI¡::i5ªE~§IIIJ 2m to be caught and confined in the county animal shelter. Every ::,:~»» effort shall be made on the part of the animal control or other officer to determine the ownership of IBmBÃæmw* a àoq so confined and to notify the owner of its whereabouts. If the owner is known by virtue of a name tag or license or other identification tag on the dog Ilmell, such owner shall be notified forthwith by the person taking the iliiim ~ into custody. (b) A dog ëË:¡::~:~¡:¡ªil confined under this section may be claimed by the rightful owner after displaying proof of I . ;':':':':-:';':-:-;';0:':-::;:;-:::;::-:';':"':-: . ownershl.p, a current dog ø.ï.tltØAt ll.cense and proof of current ;.:.:.:-:.-:..:.;.;.;.:.;.;.;.;.-..;.:'.-:.;.:.:.:.: rabies inoculation of the iliiim~. No dog ê"líí:t'=iir! shall be released to any person claiming ownership, unless such license and proof have been displayed. (c) An owner claiming his II«im~ ~ pursuant to subsection (b) above shall be required to pay the actual expense incurred by the county in keeping the Biæiam ~ confined. Such payment shall be made to the animal control officer or other I officer at the time of the release of the 11.; ~. It shall l ""I11III ~ April 12, 1994 195 be the duty of the animal control officer or other officer to furnish the owner with a written receipt for such paYment, in a form and manner approved by the board of supervisors. Such officer shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the county treasurer when the book is filled and shall be subject to audit by representatives of the board of supervisors whenever requested. Any funds collected pursuant ~o this subsection shall be disposed of in the same manner as dog Ðñ~ME~! license taxes. No payment made under this subsection shall relieve the owner from prosecution for I violating section 5-28. (d) If a dog eÊ1:1:I:Eil confined pursuant to this section is not claimed by the owner within seven (7) days from the time notice was given to the owner or if the owner cannot be located within seven (7) days after confinement, SUCh!~æm!i ~ may be disposed of in accordance with the provisions of section 3.1- 796.96 of the Code of virginiaimSËwæl!ÑïãggŠBêëi. (e) A pickup fee of ten dollars ($10.00) for the first offense, twenty dollars ($20.00) for the second offense, and thirty dollars ($30.00) for the third offense shall be imposed in addition to the normal board fee of ¡ææ ~ dollars ($I$öl~) :.:.:.:.:.:.;.:.:.:.:.: ;.:.;.::;::::-:-:-:-:-:-:-:.:-: per day when any dog is claimed by its owner or custodian. . . . I Sec. 5-34. Penalties. (a) ~hc pcnalticß for violatien of section S 26 såall j "..- 196 April 12, 1994 be aa follo\1O Z (1) A fine of not lcaa than one hundred dollara ($100.00) nor more than five hundred dollarc ($509.00) . (2) The judge trying the aaae may order the OWRcr or cuatodian to remove auch do~ from the county within twenty four (24) houra of entry of B\lch order or ,¡ithin twenty four (24) houra after the rabica obcer7ation period haa expired, if applicable, or both. ::JI:~HÐt BRiii;::::::;::eim::::::::::ãi;ñiœiimi::i::¡:¡12@Sæi:msi:~imM¡:;:i¡iË8¥æã@ë¡iI¡lë¡;iJ¡ the penalties for violation of all other sections of this chapter shall be as follows: (1) For the first offense, a fine of not less than ten dollar& ($10.00) nor more than twenty ($20.00). (2) For a second offense within a consecutive twelve- month period, a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) . (3) For a third ~1~:i:¡¡¡~;~ili:i::::::ï~i!ŠDiñll offense, wi thin a conaecutive twelve month period, a fine of not less than fifty dollars ($50.00) nor more than ilB. ñ_ãiil::::¡¡:¡:¡:¡:¡:æ¡mIEM five hundred dollars ($¡I'mt;[I! 509.(0). (4) The judge trying the case may order any animal l þ I I ""I11III ~ April 12, 1994 197 Sec 5-35. permanently removed from the county within twenty- four (24) hours of such order. Responsible animal care. I Sec. 5-36. Animal control officers; Duties and responsibilities. I l§æli:æ¡:::::¡:::wl£9IIŒ~ïli§!liEml¡:::¡:¡ïl:¡I:l*'.IBæêliI::::::EËŠ!iIMI,Jifili !I]Êšï¥:i:¡:::::::¡âï4~W.I:¡::¡:ŠÊ¡¡¡:!imi:!Ei:::::::Î!j:::::::§ñ~::¡::limËiRñ:iI::¡:¡mítšÆliI:i,i !ñf~;D:ffimimm¡:iïiliëll.]i::ëlgRi¡!ñï[¡[l!ë!i.jfU¡iãšl:~tÊ'I~%i¡Æ ::~II¡¡¡::::¡:¡:¡::æ~:¡;;:::::!Î!!ï¡:¡:¡11H.':¡:¡:¡:¡¡lël\l.I~¡ili¡¡::lã:Ëëi.í!lili¡:::::~§J.~ili:!¡I!¥.§JJl.'Ii ËRiäm!JæñEi:::~::::¡:::gÎ¡:¡::::¡!:::~.g!ñš¡¡¡¡¡¡:¡:I~:!:¡:¡:~¡:~ÃiIJ¡:lli::¡::9fi:l:::::¡:!Ei§,ã9J:1%1~1 ..... "..- 19S April 12, .1994 þ låæml:II¡:¡flËI:¡¡:¡ ¡:~E:"¡:¡i¡::::::::::::5¥i:i:¡ii:¡:IDiæs:~:::¡:¡:¡:¡::l$IË.;:¡:¡:::¡:ëË::~~Ilimïëã§¡¡::::::¡ëll::::¡:¡:¡:gM:¡:::¡:¡:IISiqÎI:r¡::~. IgãšËgBi::::::::¡:lnæll:ffi¡:::::::¡:I€:¡:I¡:~.ïm::::Kæliš¡:¡:¡Illân¡:¡:¡:¡:¡:¡ü!ssiiiiJJ:iíIG Ili¡I¡plsË!ip¡iâl:¡:¡:::!II:¡lil::IfiglsB:l¡ël::::::::iilffil~;I¡:i::::::::::iiñl ::~I¡î::::::I:::::::li¥IIpìËllë.I::::llm1:¡::::§jl!I:¡:Ii;ªliÆIöV¡§li~ti.f.:::I§;::I.i.tmll' Ilš¡:~::¡Ë@s.Hilšm!ñpi:¡:¡:¡¡¡s~::::¡::llæ§¡:::::lãiË£:šË¡;':¡ DIVISION 2. LICENSE Sec. 5-41. Required. It shall be unlawful for any person to own a dog paW-ciS .:.:.:.:.:.:.:.:.:.:.:.:.;.:.;.x.»;.:.;.; four (4) months old or over in this county, unless such dog ël §I§ is currently licensed under the provisions of this division. II Sec. 5-42. License year. ¡:~¡iij~¡: Dog iül¡:¡:¡::::::flË licenses shall run by the calendar year, namely from January 1 to December 31, inclusive. ::llf::::¡:¡¡:¡:¡:¡::W;~m::::::¡:.§Ë¡:¡:¡:!I:¡¡¡:li:::¡¡¡:I.¡::¡¡¡ãlí¡~.ËillU'ë¥¡f.:iiBm¥I¡:¡lãË¡lliI1ifJI1. D.I'¥.:¡:llgf¡;l:B,ªšßI¡:¡:¡:¡:II:¡::::~IEI¡I:¡¡:¡:¡:::~::it.11:::¡:¡:¡:¡æ@¡IIMËsË1¥:š9JJiilislli::¡IIID¡¡:¡:¡:¡:¡:::il¡:¡:¡:¡ffišlã:milr.t_ fi!iIB¡\\\ilêšittisË¡:¡:¡¡¡ils!ìliI¡Mßm\UliË[i§;fí¡liilîl111§¡¡¡:I.:iil:¡¡Iiña~W:i!~~.I'. ¡Bï:¡:¡¡:iiD;Bill::::¡¡:m:¡:¡:EilllseËili¡:¡:¡:¡:iiII:¡:il!I:iË:¡¡mD.Jíí»îif¡¡fi:i¡:¡:ì_lâl¡f,;§;Diiili: Sec. 5-43. Application; applicant to be county resident. (a) Any resident of this county may obtain a dog biM~li! -;X;;-»~mF//""./h license by making orál or written application to the county treasurer, accompanied by the amount of the license tax and the certificate of vaccination required by section 5-48. The I treasurer shall have authority to license only dogs §lJii~. of l ""I11III ~ April 12, 1994 199 resident owners or custodians who reside within this county and may require information to this effect from any applicant. (b) It shall be unlawful for any person to make a false statement in order to secure a dog Qr[[[:::];;:ä!£ license to which he is ;.;.;.;.;.;.;.;.;.;.;.:.:.;.;.;.;.;.;.;.:.;.: not entitled. Sec. 5-44. Tax imposed. (a) An annual license tax is hereby imposed on dogs iflª- ) ....................... aiBs. required to be licensed under this division in the following .:.:.:.:.;.;.;.;.:.;.:.:.:.:.: amounts: (1) Male dog BigEBE: Ten dollars ($10.00). (2) Female dog BigEBE: Ten dollars ($10.00). I (3) Neutered or spayed dog eÈgllišlÎ: Five dollars ($5.00) with a veterinarian's certificate that the dog gEWe~1 has been neutered or spayed. (4) Kennel for up to twenty (20) dogs: Twenty-five dollars ($25.00). (5) Kennel for up to fifty (50) dogs: . Thirty-five dollars ($35.00). (6) Dangerous dog, as declared by any General District Court or Circuit Court of this Commonwealth: Fifty Dollars ($50.00) ( in addi tion to the other I applicable fees herein). ¡'ll:j:::::j:::::j:j:lrl\1œl:i!:j:::::::J.:!:~:::::¡:j:j¥i.Æ¡::m;iëD§!mtiia:jU~i1.[iD~.iB¥:::*¡Æ¡}IiÄI~. ãëi!:!¡!¡!¡¡gi:::!:!:!:giËæ:::¡!¡!:ì_ffiiië:!¡:!:!lš:!:::!:!!I!¡::¡¡:lli.i.::!:!:!:.'mË¡:¡:¡!i~ii;§¡:¡ëil!&,gi1ft.if_ ~il!~ëwlini!::::¡æmëïiR§[;¡¡:¡:::gEii!:!:!:!¡!:J.:!::~::!:::::::œ:iißi!:¡!:!¡Eñi:m!EiEi:j:!¡ili9ilæ~.¡¡~mg¡¡K(I;J.1jj}'I~ ..... "..- 200 A,rilI2, 1994 þ ~:~:I::'::::i::~:~:~:~:~ñg:~~~~I'~I~~~~~:~¡¡:~§9¥1~:~~~~~:~:~::*:i§:i~~¡::::E§ñ::~:~:~:~~~:!~g~I:I:~:::::::1gešñl::~:: ::~g:'::fÐt No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person. As used herein, the term "hearing do~" means a dog trained to alert its owner, by touch, to sounds of danger and sounds to which the owner should respond. ¡~~ª,l~:::::::~¡~~:::::::mi::::::::ñR::::¡:::Î¥ln!¡:::::::§Bài:ffi:::::::::Êni):::::::.mÍ:!91Ëïm:I::E~¥i:::::;Í:n¥::::¡:::Eš:IB9;:::::::el liñï:::::¡:ffi:æeilil¡:¡:iillí::::::::iæïsl:šš::¡::::llf:¡¡r;1æi::::::::!šSË:iei:~:~ Sec. 5-45. When and where tax due and payable. The license tax on dogs _ shall be due and I payable at the office of the county treasurer as follows: (1) On or before January 1 and not later than January 31 of each year, th~ owner of any dog d.tiillaBB. four :':':':-:';':':~"":-;':':":':':-:"";';':';' (4) months old or older shall pay such ta~:¡mjpfi .............»................. lillæi~:::~:::~liñ~ÆËII:~:~:~I~:ït!~~Ir¡lill:m~:ë~:~:~1Ili::::::::~I.æËIËæll¡::::~¡!I¡¡[tliñë 1.li:::~:~:~:~I:!:II:~:~:I'iE:~:~I*:~ëi!iËi . (2) If a dog gDiRi~ shall become four (4) months of age or if a dog ÞI~ªª1 over four (4) months of age .....................:......................... unlicensed by this county shall come into the possession of any person in this county between January 1 and October 31 of any year, the license tax for the current calendar year shall be paid forthwith by the owner. I l ""I11III ~ April 12, 1994 201 (3) If a dog eËÎããl shall become four (4) months of age or if a dog ãE~ë!:~ over four (4) months of age unlicensed by this county shall come into the possession of any person in this county between November 1 and December 31 of any year, the license tax for the succeeding calendar year shall I be paid forthwith by the owner and such license shall protect the dog gËi:¡::i:¡¡E~M from the date of payment of the license tax. jK!!:~::!::::::::i:::::lgB::::::::.B::::::~:R@Ëæëã:::::::::~E§I:¡~¡:::ÎI~M::i:¡::~m:¡i:¡::::!:::!i@:!I:~i~::::::::¡¡§!::::::lm:ãm@Ëi¡¡::i!¡ã¡ti i@:!I:¡i¡:¡¡::::::!:!~I!::::::::::¡!*::¡!¡¡¡:¡::~9B::::!:!:!:!i¡::::::::sil:¡¡¡::::!::m:Ì:ãmfi!:ã¡:¡:¡:¡!¡::i!im!æ:::::::i::llimlwlli pëBëãnl!:!:!:::!:!:,:!:g!¡~¡¡¡:¡::¡::¡ã~::::::¡:¡il!::::::::Î.BñI:~:~:::::%IÎlmÎ:¡!:!:!:::æñ¡¡¡¡j:::~!ã91~gñl¡!llã i¡:IM Sec. 5-46. Failure to pay tax when due. It shall be unlawful for the owner of any dog i.iffialt to :.:.:.:.:.:.:.:-:-:-:.:.:.:.:.:.;.;.;.;.;.;.: fail to pay the tax imposed by this division when the same is due. PaYment of such tax subsequent to a summons to appear before a court for failure to do so within the time required by this ,division shall not operate to relieve such owner from the penalties provided for such failure. Sec. 5-47. concealing or harboring dog 9,!m§lš upon which tax not paid. I It shall be unlawful for any person to conceal or harbor any dog sËw!ï~ on which the license tax imposed by this division has not been paid. ..... "..- 202 April 12, 1994 þ Sec. 5-48. Issuance, composition and contents. (a) Upon receipt of a proper application and the prescribed license tax, the county treasurer shall issue a dog as :::::::::::;~~ Þ.l1 license; provided, however, that such license shall not be ........................ . issued unless the applicant presents a certificate meeting the requirements of section 5-67 and showing that the dog ëi1iS!Š in question has been vaccinated against rabies as required by section 5-66. When the license is issued, such certificate shall be so marked and returned to the dog's eË~¡RlB~i owner. (b) A dog airrtiãB license shall consist of a license tax receipt and a tag made of twenty-gauge metal or other suitable material in a rectangular shape one-half inch in width and two II (2) inches in length, with a one-eighth inch hole at each end. (c) The receipt issued pursuant to this section shall have recorded thereon the name and address of the owner or custodian of the dog sËlsi:l, the date of payment, the year for which the license is issued, the serial number of the tag and whether the license is for a male, female, neutered or spayed dog iliëil or for a kennel. (d) The license tag for a dog Q$Mli' shall be stamped :·:·;·;·;·;·;·;·:·:·;·;·:-:·x·;·;·;·;·;·;·;·: or otherwise permanently marked, showing: "Roanoke County, Va. Dog Tag," 2IooIBÊ!ñgRßoo~ßHnl¥lilllilill~ËTh!§gil the sex of the dog RiMlil, the calendar year for which issued and a serial number. (e) The license tag for a kennel shall consist of a license receipt and a tag made of twenty-gauge metal or other I l ~ ~ April 12, 1994 203 suitable material two and one-half (2 1/2) inches in diameter, stamped or otherwise permanently marked, showing "Roanoke County, Va. Kennel Tag," the calendar year:ii:i:i;)i)i)if:§äIi:iI:iHRñii~~ili~i~§11JJ pæËæee@ for which issued, the number of dogs and a serial number. Sec. 5-49. Preservation and exhibition of license receipt. A dog 6itIIIEãB ........................... .......................... ..................................................... license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by the animal control officer or any other officer. Sec. 5-50. Tag to be worn by dog; exceptions. I (a) A dog license tag shall be securely fastened to a substantial collar by the owner or custodian of the dog and worn by such dog. It shall be unlawful for the owner or custodian to permit any license.1 dog four (4) months old or over to run at large at any time without a license tag. (b) The owner of a dog may remove the collar and license tag required by this section when the dog is engaged in lawful hunting; when the dog is competing in a dog show; when the dog has a skin condition which would be exacerbated by the wearing of a collar; when the dog is confined; or when the dog is under the immediate control of its owner. I (c) Any dog lä¡:¡:¡;i¡i¡!il not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this ..... ,..- 204 April 12, 1994 article, the burden of proof of the fact that such dog ËËilllil has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog sËlliläl. Sec. 5-51. unlawful removal of tag. It shall be unlawful for any person, except the owner or custodian, to remove a legally acquired license tag from a dog REl:IÎI1· Sec. 5-52. Duplicate tags. If BiMIIIEäB ........................." .;.;.;.;.:.;.;.;.:.;.;.;.;.;.;.;.:.;.;.;.;.;.;.;.;.;. lost, license dog tag shall become a destroyed or stolen, the owner or custodian shall at once apply to the county treasurer for a duplicate license tag, presenting the original license receipt. Upon aff idavi t of the owner or custodian before the treasurer that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be one dollar ($1.00). Sec. 5-53. Records of licenses sold. A list of all dog !ñi~Ëi1 licenses and kennel licenses sold shall be made in triplicate , consecutively numbered, and showing to whom issued; residence address; magisterial district; tag number; year ending; day, month and year issued; and the signature of the county treasurer. The original copy shall be l þ I I ~ ""I11III April 12, 1994 205 I I deli vered to the dog ei¡¡¡¡:¡¡¡¡¡:sÃIi owner, the second copy shall be retained by the treasurer and the third copy shall be delivered to animal control officer. Sec. 5-54. Disposition of unsold taqs. Unsold dog !ñl¡:¡¡¡¡¡¡¡¡¡]~ili license tags for the preceding calendar year shall be disposed of by the county treasurer after verification by a certified public accountant employed, by the board of supervisors to audi t the records and accounts of the county for the fiscal year next ending. 2. This ordinance shall be in effect from and after July 1, 1994. On amended motion of Supervisor Johnson to adopt the ordinance as drafted with the addition of paragraph 4, Sec. 5-45, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: Supervisor Nickens h Ordinance Authorizina the Acauisition of a Permanent Access and Environmental Clean-UÞ Easement from Layton DeThomas and Sandra N. Thomas in Connection with the Dixie Caverns Landfill site (Paul M. Mahoney. County Attorney) 0-41294-8 There was no discussion. Supervisor Nickens moved to ~ "..- 206 April 12, 1994 adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 41294-8 AUTHORIZING THE ACQUISITION OF A ,PERMANENT ACCESS AND ENVIRONMENTAL CLEAN-UP EASEMENT FROM LAYTON DEÆ THOMAS AND SANDRA N. THOMAS IN CONNECTION WITH THE DIXIE CAVERNS LANDFILL SITE WHEREAS, in connection with the cleanup of the Dixie Caverns Landfill and in order to comply with EPA regulations and standards within a specific time frame as set out in the "Administrative Order By Consent For Removal Action," it is necessary to acquire a permanent access and environmental cleanup easement upon, over, under and across property owned by Layton De Thomas and Sandra N. Thomas, and designated on^the Roanoke County , Land Records as Tax Map No. 63.02-2-3; and, WHEREAS, the location of the easement is shown and designated on a plat entitled "Easement Plat for County of Roanoke" dated April 30, 1993, and revised May 12, 1993, prepared by T. P. Parker & Son, Engineers - Surveyors - Planners, of record in the Clerk's Office of the Circuit Court of Roanoke County in Plat Book 15, page 111; and, WHEREAS, staff has negotiated the purchase of said easement from Layton De and Sandra N. Thomas for the sum of $500.00; and, WHEREAS, Section 18.04 of,. the Roanoke County Charter l þ I I ~ I ,I ""I11III April 12, 1994 207 directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on March 22, 1994; and the second reading was held on April 12, 1994. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Layton De Thomas and Sandra N. Thomas a permanent access and environmental clean-up easement, as shown on the plat recorded in the Roanoke County Clerk's Office in Plat Book 15, page 111, for an amount not to exceed $500.00. 2. That the purchase price shall be paid out of the funds available for the Dixie Caverns Landfill Cleanup Project. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as ar~ necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CONSENT AGENDA R-41294-9 ~ ,... 208 April 12. 1994 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 41294-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - 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 April 12, 1994 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Approval of Minutes for February 22, 1994, March 8, 1994, and March 22, 1994. 2. Request for Approval of a Raffle Permit from the Roanoke Valley Prisoners of War Chapter. 3. Request for Approval of a Raffle Permit from the Star Quilters Guild. 4. Request for Approval of a 50/50 Raffle Permit from the Delta Kappa Sorority of Epsilon sigma Alpha. 5. Request for Approval of a Raffle Permit from the North Cross School. 6. Request for Approval of a Raffle Permit from the Sweet Virginia Breeze (Roanoke Valley Shag Club) Request for Approval of a Raffle Permit from the Catawba Valley Ruritan Club. 7. l þ I I ""I11III ~ April 12, 1994 209 8. Acknowledgment of Acceptance of 0.19 Miles of Arabian Lane into the Secondary System by the Virginia Department of Transportation. 9. Approval of Resolution Supporting Unified Human Services Transportation System, Inc. (RADAR) in Their Application for section 18 Monies for Transportation in Rural Areas. 10. Request for Approval of a 50/50 Raffle Permit from the vinton Moose Lodge #1121. 11. Request for Acceptance of Funds from the Compensation Board to Purchase Personal Computers. 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 I this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 41293-9.h SUPPORTING UNIFIED HUMAN SERVICES TRANSPORTATION SYSTEMS, INC. (RADAR) APPLICATION FOR SECTION 18 MONIES WHEREAS, Roanoke County, Virginia wishes to support public transportation; and WHEREAS, the accessibility to jobs, shopping, medical I care and human services is difficult and sometimes not possible for people in the rural areas of the County; and WHEREAS, public surveys have shown a priority need for ..... "..- 210 April 12, 1994 þ dependable and reliable transportation in Roanoke County; and WHEREAS, Unified Human Services Transportation Systems, Inc. has been in operation for more than eighteen years providing pUblic transportation services as a sound and responsible organization. NOW THEREFORE BE IT RESOLVED, by the Board of Supervisors of Roanoke county that Unified Human Services Transportation System, Inc. has the support and authorization to execute and file an application to the Department of Rail and Transportation of the Commonwealth of Virginia for a grant of financial assistance. Unified Human Services Transportation system, Inc. has certified that the funds received shall be used II in accordance with the requirements of Section 58.1 ~ 2425 of the Code of Virginia. BE IT FURTHER RESOLVED, that this is a true and correct copy of the resolution adopted at a legally convened meeting of the Roanoke County Board of Supervisors held on the 12th day of April, 1994. On motion of Supervisor Johnson to adopt the resolution, and carried by the followi~g recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD HEKBERS SuÞervisor Hinnix: He reported on an article that he I l ""I11III ";'l ,~'" ~j , April 12, 1994 211 ~ had read which highlighted favorable statistics on Roanoke County schools. SuÞervisor Kohinke: He thanked the Board of Supervisors and staff for the excellent Hanover Direct Groundbreaking Program. SuÞervisor Johnson: He asked about the Virginia Department of Transportation (VDOT) allocations. Mr. Hodge advised that he sent a memo regarding this issue to the Board members. SuÞervisor EddY: (1) He announced that his brush had been picked up. (2) He advised that he attended a reception for I the Tour DuPont. (3) He reported that he had written to the Roanoke Valley senators and congressmen reminding them about Roanoke County's interest in being included in the Appalachian Regional Commission. (4) He advised that he will attend and speak at the VDOT annual preallocation hearing on April 13, 1994. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS ~ ReÞresentatives from the Blue Ridae Interstate ImÞact Network to sÞeak reaardina the route for the ProÞosed Interstate 73. I Ms. Roberta Bondurant spoke and advised that the Blue Ridge Interstate Impact Network was organized to address concerns about the proposed Interstate 73 and its impact on Bent Mountain. The organization is primarily concerned with researching the ~ "..- 212 April 12, 1994 þ necessi ty and funding for the interstate highway. She advised that the group plans to attend the April 26th Board meeting to express their concerns regarding the proposed route through Bent Mountain. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. General Fund UnaÞÞroÞriated Balance ca~ital Fund UnaÐÞroÞriated Balance Board Continaency Fund Proclamations sianed bY the Chairman statement of the Treasurer's Accountabilitv Þer Investments and Portfolio Policy as of March 31. 1994. .L.. ReÞort on storm Debris Removal ~ h ~ ~ ~ I IN RE: WORK SESSION ~ Chanaes to the Zonina Ordinance This item was moved to the Evening Session. IN RE: EXECUTIVE SESSION At 6:25 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (1) legal matter - water claim litigation; (3) Disposition l I ""I11III ~ April 12, 1994 -213 of public real estate and (7) legal matter; probable litigation to collect a debt owed to the County. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-41294-10 At 7: 10 p.m., Supervisor Johnson moved to return to Open session and adopt the certification Resolution. The motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 41294-10 CERTIFYING EXECUTIVE HEETING WAS HELD IN CONFCRHITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executi ve meeting was conducted in conformity with Virginia law. I NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia,hereby certifies that, ~ ,... 214 April 12, 1994 ~ to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identif ied in the motion convening the executive meeting were 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 ~~: I AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None EVENING SESSION IN RE: PROCLAMATIONS ~ Proclamation Declarina the Week of AÞril 17 - 23. 1994 as National Volunteer Week. Chairman Eddy presented the proclamation to Chief Gene Wagner, Rescue Chief Anita Hanson, and Parks & Recreation Chair Lee Blair in recognition of their volunteer efforts on behalf of the County. Supervisor Johnson moved to adopt the proclamation. I l ~ ""II1II April 12, 1994 215 I I The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinkè, Minnix, Nickens, Eddy NAYS: None IN RE: WORK SESSIONS ~ Budaet Work Session with Volunteer Fire , Rescue Chiefs ~ Presentation to Gwen Crowe and son in Memorv of Roy Crowe. Chief of Fort Lewis Fire DeÞartment from 1979 - 1993. Fire Chief Gene Wagner made the presentation to Mrs. Crowe and her son on behalf of the volunteer and rescue personnel. b. Budaet Work Session with Fire , Rescue Chiefs Volunteer Rescue Chief Anita Hanson and Volunteer Fire Chief Gene Wagner presented the top priorities of the Fire and Rescue Chiefs Board. They advised that their primary need was the addition of twenty paid Advanced Life Support positions. other priority requests were two vehicles, paid training for the volunteer staff, a clerk-typist to handle the volunteer paperwork, and funding for mandated medical supplies. Chief Hanson reported that it is becoming more difficult to recruit volunteers because of the requirements for advanced life support. She advised that the volunteers must pay for their own training. Chief Wagner advised that there was also a priority ~ "..- 216 April 12, 1994 ~ need for generators. He Administrator Elmer Hodge's recruiter be hired. Bruce Roy spoke on behalf of the professional firefighters and also requested increased staffing. Supervisor Nickens asked that a work session on Virginia Tech's study of the Fire & Rescue Department be scheduled. Other volunteers who attended the work session also spoke and emphasized the need for paid staff with advance life support training. h Joint Work session with Parks , Recreation Advisory Commission Parks ,and Recreation Director Pete Haislip updated the Board members on the bond projects with a slide presentation. Assistant Director Debbie pitts advised that over the past three years, the Recreation Division budget has increased by 2% per year, but participation had increased by 18%. Participation in youth sports has increased 31% since 1991. Ms. pitts reported on the growth of the After School for Kids (ASK) program and the move of the Ogden and Leisure Arts Centers to the Brambleton Center. There was a slide presentation on the renovations to the Brambleton Center and Camp Roanoke. Assistant Director of Parks Jim Jones presented to the Board information on the County parks division. He advised that expressed support recommendation that for County a volunteer I I l ~ ""I11III April 12, 1994 217 I I since 1992, the County has acquired 3 new park sites totaling 79 acres. Addi tionally , the parks staff handles snow removal at county sites and because of the severity of the storms during 1993 and 1994, overtime and outside contracting was required. He further advised that there is a 24% increase in the number of athletic facilities and a 41% increase in lighted fields. Parks and Recreation Director Pete Haislip reviewed the fee study conducted by David M. Griffith and Associates in 1990. In 1993, staff presented concerns about inequities and inconsistences in the existing fee ordinance. Mr. Haislip presented recommendations which would set the fees so they would be consistent. Following discussion on user fees, it was the consensus of the Board to allow staff to set fees based on the percentage of direct and indirect costs, and to authorize the department to keep revenue generated from the fees. Mr. Hodge will bring back guidelines for this process. Mr. Hodge asked the Parks & Recreation Commission to look at developing an incentive matching program which would allow recreation clubs and/or organizations to raise funds for parks and recreation projects. This could be matched with County funds. ~ Amendments to the Zonina Ordinance ..-..----.----.-- -.. ~ . -- --.-----------.-... ~.. - ...4 "..- 218 April 12, 1994 ~ Planning and Zoning Director Terry Harrington reviewed the amendments proposed by the Planning commission. The more significant amendments included: (1) Height limitations in Industrial Districts; (2) Flexibility in Accessory Apartments; (3) Reducing the Number of Special Use Permits; (4) Weight limits for parking in AR and R Districts; (5) Increasing the number of children in a Family Day Care Home; (6) Permitting summer camps in rural areas of the County; (7) Clarification of where private roads are allowed; (7) Standards for grandfathered mobile home parks; and (8) Extension of Existing Encroachments in Residential Areas. He also reviewed other issues on which that the Planning Commission did not make a recommendation on. He advised that the II public hearing will be held April 26, 1994. IN R~: ADJOURNMENT At 11:00 p.m., Supervisor Johnson moved to adjourn to Friday, April 15, 1994, at 8:00 a.m., for the purpose of a work session and vote on the School Energy Management System. The motion carried by a unanimous voice vote. Submitted by, Approved by, 7'Y)~.ß:I. ~ Mary H. Allen, CMC Clerk to the Board Lß~_ Lee B. Eddy, Chai~ I l