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HomeMy WebLinkAbout6/24/1990 - Regular June 26, 1990 450 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brpmbleton Avenue, SW Roanoke, Virginia 24018 June 26, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of June, 1990. IN RE: CALL TO ORDER Chairman Robers called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson MEMBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator for Human Services; John R. Hubbard, Assistant County Administrator of Community Services and Development; Don M. Myers, Assistant County Administrator for Management . lt51 June 26, 1990 - i::=: Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by Assistant County Administrator John Chambliss. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS . Chairman Robers announced that Item D-7 regarding an amendment to the Employee Handbook will be deferred to July 10, 1990. County Administrator Elmer Hodge requested that Item C-3, recognition of County Treasurer Alfred Anderson and Item la, Report on Consolidation activities be added. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Proclamation declarinq the weekend of June 29 - JUlv 1, 1990 as "Give Kids the World" Weekend. Representatives from Krisch Hotels, Inc. were present to receive the proclamation and outllned plans for the special weekend. Supervisor Johnson moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers June 26, 1990 45 2 - NAYS: None - ABSENT: Supervisor Nickens . ~ Recoqnition of Parks and Recreation TheraDeutics Proqram for beinq named a finalist - National Gold Medal Award for Excellence. Director of Parks and Recreation Steve Carpenter explained the program. Betsy Dennis, Therapeutic Recreation Supervisor and Acting Assistant Recreation Director Debbie Pitts were recognized for their contributions. A slide presentation of the program that will be a part of the sUbmission package was presented. ~ Recoqnition of Alfred Anderson, Treasurer for beinq certified as a Professional Government Treasurer . Chairman Robers presented to Mr. Anderson a certificate recognizing him as a Professional Government Treasurer. IN RE: NEW BUSINESS 1a. ReDort on Consolidation Issues Mr. Hodge announced that the board members had requested clarification of certain facts which were released by the City of Salem at recent public meetings concerning consolidation. He presented a written memorandum outlining the current tax rates and bonded debt and responses to other issues which had been discussed at the public meetings. In response to a question rrom Supervisor Robers regarding additional members to Salem City council if the Glenvar 45 3 June 26, 1990 - area became part of the city, County Attorney Paul Mahoney - reported that the City would have to divide into equal districts, and any changes would be reviewed by the Justice Department. The Board members expressed concern about inaccuracies and the necessity of informing the public. Mr. Hodge suggested information could be included in Roanoke County Today. Supervisor McGraw suggested that Salem be requested to rectify inaccuracies that were given to Roanoke County citizens at their public meeting. Supervisor McGraw moved to send information to the City of Salem and asked them to correct any inconsistencies and inaccuracies. The motion was defeated by the following recorded vote: AYES: Supervisors McGraw, Robers NAYS: Supervisors Eddy, Johnson ABSENT: Supervisor Nickens Following additional discupsion, it was suggested that copies of Mr. HOdge's memorandum be sent to the City of Salem Mayor and the mayors of the other local governments. lb. Authorization to conduct a Deer review study of County oDerations. A-62690-1 Mr. Hodge advised that the University of Virginia Center for Public Service has completed a proposed two-phase program to analyze the efficiency of Roanoke County operations. . June 26, 1990 454 He presented the plan and reported that the Phase I study will cost $10,000 which will include all expenses. He recommended approval of the peer review study and a $10,000 appropriation from the unappropriated balance to fund the study. In response to a question from Supervisor Eddy, Mr. Hodge advised that the study will include analyzing the organizational structure. Supervisor Eddy moved to approve the staff recommendation and appropriation. The motion carried by the . following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ AdoDtion of Resolution amendinq Section 200 of The Desiqn and Construction standards Manual. R-62690-2 Dir3ctor of Development and Inspections Arnold Covey reported that on February 14, l~89 the Board of Supervisors adopted the Design and Construction Standards Manual. On January 1, 1990 the Virginia Department of Transportation adopted new subdivision street standards which should be included in the previously approved standards manual. Other amendments clear up discrepancies that have been brought forward by staff and local engineers. Following discussion, Supervisor Johnson moved to 455 June 26, 1990 - adopt the resolution amending the Design and Construction standards Manual. The motion carried by the following recorded - vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens RESOLUTION 62690-2 AMENDING A SECTION OF THE DESIGN AND CONSTRUCTION STANDARDS MANUAL ENTITLED "PUBLIC STREET AND OFF-STREET PARKING STANDARDS AND SPECIFICATIONS" WHEREAS, the Department of Development is in the process of preparing a manual to assist the public, and especially the development community, for clarification of rules, . regulations, and policies applicable to land development in Roanoke County; and WHEREAS, a Design and Construction Standards Committee composed of area engineers, surveyors, members of the Roanoke Valley Homebuilders Association, and County staff was assembled to develop the content of the manual and the design standards; and WHEREAS, it was the consensus of the committee to address the areas of water, sewer, street and parking, and t:tormwater management in the manual; and WHEREAS, at its meeting on February 14, 1989, the Board of Supervisors of Roanoke County, Virginia, by resolution, adopted a manual of regulations and policies entitled "Design and June 26, 1990 45 6 - Construction standards Manual" to assist the public in the clarification and interpretation of rules, regulations, and policies applicable to land development in Roanoke County, and in particular, the areas of water, sewer, street and parking; and WHEREAS, by Resolution 21489-9 the Board of Supervisors . adopted the second component of the "Design and Construction Manual" entitled "Street and Parking Design Standards and Specifications." NOW, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County, Virginia, does hereby amend the second component of the "Design and Construction Standards Manual," which is entitled "Street and Parking Design Standards and Specifications," as set out in Attachment "A" to this resolution. IT IS FURTHER RESOLVED the effective date of these amendments shall be effective immediately. . On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ ADDroDriation of funds for leachate removal at Dixie Caverns landfill. A-62690-3 There was no discussion on this item. . . 45 7 June 26, 1990 Supervisor McGraw moved to appropriate $168,000 from the General Fund Unappropriated Balance to cover the cost of the leachate removal. The motion carried by the following recorded vote: - AYES: NAYS: ABSENT: Supervisors Eddy, McGraw, Johnson, Robers None Supervisor Nickens ~ 1991 Leqislative proqram - Virqinia Association of Counties Supervisor McGraw moved to approve the VACo 1991 legislative program. Following discussion on several items on the program, the board members felt that a work session was in order and Supervisor McGraw withdrew his motion. Supervis~r Johnson moved to set a work session on July 10, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens . ~ AcceDtance of $4250 local qovernment Challenqe Grant from the Virginia Commission for the Arts. A-62690-6 There was no discussion on this item. Supervisor Johnson moved to accept the grant. The motion carried by the following recorded vote: June 26, 1990 458 - AYt;t): Supervisors Eddy, McGraw, Johnson, Robers . NAYS: None ABSENT: Supervisor Nickens ~ AdoDtion of resolution concerninq acquisition of and immediate riqht-of-entry to a sanitary sewer line easement alonq the West Fork of Carvin Creek also known as Vallevoointe Phase II sanitary Sewer Proiect.(PUBLIC HEARING HELD 6/10/90) (This item was heard durinq the eveninq session) R-62690-7 Mr. Hodge advised that the staff had met with the property owners. They attempted to settle and will continue to . negotiate, but wish to go forward with right-of-entry. The public hearing had previously been held on June 10, 1990. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens RESOLUTION 62690-7 PURSUANT TO S 15.1-238(e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTIES AND TO TAKE CERTAIN RIGHTS-OF-WAY IN CONNECTION WITH THE VALLEYPOINTE PHASE II PROJ~CT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 45 9 June 26, 1990 1. That the Valleypointe Phase II Sanitary Sewer - Project is one aspect of the overall economic development project for Valleypointe Phase II, which involves the development of a mixed use business park in the vicinity of the southeast intersection of Interstate Routes 8r and 581 in Roanoke County, Virginia. 2. That in order to complete the sanitary sewer phase of the Valleypointe II Project, a certain easement is needed and more particularly described as follows: A perpetual RIGHT and EASEMENT, twenty feet (20') in width, to construct, install, improve, operate, inspect, use, maintain, and repair or replace a sanitary sewer system and related improvements, together with the right of ingress and egress thereto, upon, over, under, and across the tract or parcel of land belonging to Jesse N. Jones and Mary H. Jones, husband and wife, acquired by deed dated November 22, 1944, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 317, page 465, and designated on the Roanoke County Land Records as Tax Map No. 26.16-2- 14. The location of said easement is shown and designated as "20' S.S. LINE EASEMENT" upon the plat, dated November 21, 1989, made by the Roanoke County Engineering Department, and filed in the office of the Clerk to the Board of Supervisors of Roanoke County, Virginia. TOGETHER WITH a temporary construction easement of an additional seven and one-half feet (7 1/2') on either side of the permanent easement hereinabove described, totaling fifteen feet (15'), for use as a temporary work space and to allow for necessary grading during any phase of construction, reconstruction, repair, or replacement of the sanitary sewer facilities or related improve- ments. . . June 26, 1990 460 ~ ==:j 3. That it is the intent of Roanoke County to enter and take the easement hereinabove described for the Valleypointe Phase II Sanitary Sewer Project. 4. That, pursuant to due notice as provided for by statute, a public hearing was held on June 12, 1990, on the adoption of a Resolution pursuant to §15.1-238(e) of the 1950 Code of Virginia, as amended, concerning acquisition of and immediate right-of-entry to said sanitary sewer line easement by . Roanoke County. 5. That the fair market value of the aforesaid interest to be acquired is $2579, such compensation having been, and hereby is, offered the property owners. 6. That it is immediately necessary for the County to enter upon and take such property and commence said sanitary sewer construction in order to complete Phase II of the Valleypointe Project and to thereafter institute and conduct appropriate condemnation proceedings as to said sanitary sewer easement; and 7. That pursuant to the provisions of § 15.1-238(e) . of the Code of Virginia (1950), as amended, and pursuant to notice and public hearing as made and provided therein, the Board does hereby invoke all and singular the rights and privileges and provisions of said § 15.1-238(e) as to the vesting of powers in the County pursuant to § 33.1-119 through § 33.1-129 of the Code of Virginia (1950), as amended, all as made and provided by law. On motion of Supervisor Johnson to adopt the ordinance, 46 1 June 26, 1990 and carried by the following recordea vote: - AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ Authorization to amend Roanoke county Employee Handbook to Dermit reinstatement of leave credits. This item was continued to July 10, 1990. ~ Claim of Kenneth L. and Mary T. Wriqht in relation to drainaqe maintenance Droiect in Penn Forest Subdivision. (Heard after Item 3) A-62690-4 . Terry Grimes, attorney for the Wrights, was present to represent the Wrights. He advised that in June, Mr. and Mrs. Wright purchased a home at 3819 Hummingbird Lane. At that time, the Wrights received a survey plat showing a drainage easement on their property with flow that occurred only during heavy rain. During the fall, the County sent heavy equipment to bulldoze the channel, deepen and widen it and dumped rock riprap into the channel. The County later poured a small amount of concrete over the riprap. Prior to that time it was a grassy area. Mr. Grimes stated that the Wrights have three concerns: the channel has become an eye sore, the channel clogs with leaves, debris and trash, and standing water serves as a breeding ground for mosquitos. When the Wrights contacted the County, they were told the channel was their responsibility. Mr. Grimes asked that the June 26, 1990 462 - County restore the channel to the original condition or agree to pay $4,700 and enter into an agreement to maintain the channel and indemnify the Wrights against action brought by persons injured in or near the channel. . In response to a question from Supervisor Nickens, Mr. Grimes advised that the Wrights moved to the property in June 1989. Mr. Mahoney recommended denial of the claim and allow it to go forward to Circuit Court. Supervisor McGraw pointed out that the remarks regarding the staff were the Wrights' opinion and not fact. Supervisor Eddy pointed out that the County staff reported that homeowners were given an option of leaving the easement as it was or having it improved and the homeowners chose to have it improved. Mr. Grimes responded that the Wrights did not approve this action, but the former owners may have. . Supervisor Robers moved to deny the claim. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ AD~rODriation to the 1990-91 Reqional Education Fund. A-62690-5 There was no discussion. Supervisor Johnson moved to approve the appropriation. The motion carried by the following recorded vote: . 463 June 26, 1990 - AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS A Work Session on July 10, 1990 was set under Item 4 regarding the 1991 Legislative Program. IN RE: RECESS At 4:30 p.m., the Board declared a recess to attend the groundbreaking ceremony at the new Read Mountain Fire Station, a joint project with Botetourt County. EVENING SESSION . IN RE: PUBLIC HEARINGS 690-1 SDecia1 ExceDtion Permit of Lucille Boyd to operate a beauty ShOD at the residence, located at 3811 Hawley Drive, Catawba Maqisterial District. A-62690-15 Director of Planning and Zoning Terry Harrington advised that the zoning of the property is R-1 Residential and beauty shops may be permitted by Special Exception if an infirmity exists which prevents a home operator from regularly leaving the dwelling to pursue gainful emploYment. A letter from Mrs. Boyd's physician was submitted with her petition previously approved in 1986 at a former home. The permit is for one year June 26, 1990 46'4 - . w1th administrative approval in future years if there are no complaints. A business license is required. The Planning Commission recommended approval with certain conditions. Supervisor McGraw advised that one citizen had contacted him and he requested a letter which he did not receive. The petitioner was present and advised she had talked with the citizen who is now agreeable to the request. Supervisor McGraw moved to approve the Special Exception Permit with conditions for a one year time period with ongoing staff review. The motion carried by the following recorded vote: . AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens CONDITIONS 1. Hours of operation should be limited to 8:00 a.m. to 8:00 p.m. 2. Petitioner shall install proper plumbing and electrical equipment and fixtures to Chief Building Official's satisfaction prior to staff's approval of business license. 3. No more than two (2) customers' cars shall be allowed at anyone time. . 4. No more than two (2) customers shall be allowed at one time. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 465 June 26, 1990 - - 690-2 Ordinance authorizinq the assessment of fees taxed as costs in certain cases filed in courts of the County for construction, renovation or maintenance of courthouse, jail or court-related facilities, and providinq for an effectiv~ date and an expiration date. 0-62690-16 Mr. Mahoney advised this was legislation adopted by the General Assembly with a one-year sunset provision. Approximately $25,000 in new revenue will be generated. Supervisor Johnson asked that these funds not be used for any ongoing expense and asked for a list of how the funds will be utilized. Mr. Mahoney responded that staff will submit recommendations when projects are identified. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers . NAYS: None ABSENT: Supervisor Nickens ORDINANCE 62690-16 AUTHORIZING THE ASSESSMENT OF FEES TAXED AS COSTS IN CERTAIN CASES FILED IN COURTS OF THE COUNTY FOR CONSTRUCTION, RENOVATION OR MAINTENANCE OF COURTHOUSE, JAIL OR COURT-RELATED FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE AND AN EXPIRATION DATE WHEREAS, the 1990 session of the Virginia General Assembly enacted House Bill 74 (Chapter 543) which amended the Code of Virginia by adding a section numbered 14.1-133.2; and WHEREAS, this enactment authorized the assessment of . June 26, 1990 466 fees to be taxed as costs in each criminal or traffic case in the district and circuit courts of the County for the construction, renovation or maintenance of the courthouse, jailor court- related facilities, and further provided the expiration of this authority on July 1, 1991; and WHEREAS, the first reading on this ordinance was held on June 12, 1990; and the second reading and public hearing was . held on June 26, 1990. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority found in Section 14.1-133.2 of the Code of Virginia, 1950, as amended, (1990 Acts of Assembly, Chapter 543), there is hereby assessed a fee to be taxed as the costs in each criminal and traffic case in the district and circuit courts serving Roanoke County the sum of TWO DOLLARS ($2.00). The fees assessed by this ordinance shall be expended for the purposes as provided in said statute, specifically, for . the construction, renovation and maintenance of the courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance. This assessment shall be in addition to other fees and costs prescribed by law. 2. That this assessment shall be collected by the clerk of the court in which the action is filed, and remitted to the Treasurer of Roanoke County and held by him subject to 46 7 ~ June 26, ~90 - disbursements appropriated by the Board of Supervisors for the - purposes specified herein. That the effective date of this ordinance shall be 3. July 1, 1990. July 1, 1991. 4. The provisions of this ordinance shall expire That a certified copy of this ordinance shall be delivered to the Chief Judges of the district and circuit courts serving Roanoke County, the Clerks of said courts, and the Treasurer of Roanoke County. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorde~ vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens 690-3 Ordinance rezoninq approximately 3.5 acres from M-1 to M-2 to develop five industrial sites, one of which is a contractors' equipment storaqe yard or plant, located on starkey Road (Route 904) approximately 350 feet north of Crescent Boulevard, Cave sprinq Maqisterial District, upon the request of Frank W. Martin. 0-62690-17 Mr. Harrington presented the staff report. He advised . that Mr. Martin plans to purchase this property. The staff report identified several significant impact factors including site layout which is sharply constrained by existing Appalachian Power transmission lines and will prohibit building construction June 26, 1990 468 ---! - in the southwest corner of the site. Permission from Apco would be necessary to use the easement for access to the site which the petitioner intends to use. There ar~ no conditions to the land but one condition to the petitioner regulating the size of the structure. staff recommends not accepting the condition. The Planning Commission recommended approval. Supervisor Eddy expressed concern about the future use of the land other than the equipment storage yard. Without conditions it could be used for any M-2 use. There is also no proffer of conditions for inside storage of equipment. T. L. Plunkett, representing the petitioner, advised that there is no application for subdivision of the land. Mr. Harrington advised that further sUbdivision would not come before the Board. . Supervisor McGraw also expressed concern about the future use of the remaining land and asked the County Attorney if the Board could approve only a portion of the property. Mr. Mahoney responded that the Board could approve a lesser amount of the property, but no more than the legal ad called for. Several Board members advised that they could not support the rezoning without more information on what the land would be used for. Supervisor Johnson suggested continuing the request to a later date to allow the board to receive more information and additional conditions. Mr. Plunkett responded that the contract to purchase the land expires July 1 and Mr. . Martin was not interested in only a partial rezoning because he 469 June 26, 1990 plans to subdivide at a later date. Following additional discussion, Supervisor Johnson '--- r--- moved to table the rezoning request to allow the staff and petitioner to discuss the rezoning. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None . ABSENT: Supervisor Nickens 690-4 Ordinance to conditionally rezone approximately 1.25 acres from R-1 to B-2 to construct a convenience store with qas pumps, located on Hardy Road, approximately 0.4 mile west of Feather Road, Vinton Maqisterial District upon the request of Henry J. Brabham IV. Mr. Harrington reported that the petitioner plans to close an existing operation and move the convenience store to the new location. The Planning Commission indicated several significant impact factors including the residential zoning of . the surrounding area, a large residential development bordering the site, street capacity and circulation. The Planning Commission recommended approval with conditions. Supervisor McGraw noted that the staff support denial of the rezoning but the Planning Commission recommended approval. Mr. Harrington responded that the Planning Commission felt that Hardy Road will ultimately become commercial. Supervisor Eddy advised that he was uncomfortable . 470 June 26, 1990 - supporting this request because of the staff report. Bruce Mayer, attorney for the petitioner, advised that there was a 200 foot wide transmission line through the property. He explained that the convenience store replaces an old country store that had existed for 40 years. The new gas tanks will have all new equipment including monitors. The existing entrance will be blocked and two new entrances will be added. Supervisor McGraw moved to continue the request to July 10, 1990. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, ~ohnson, Robers NAYS: None ABSENT: Supervisor Nickens IN RE: 690-3 PETITION OF FRANK MARTIN TO REZONE 3.5 ACRES FROM M-1 TO M-2 (TABLED EARLIER IN EVENING SESSION) Mr. Plunkett announced they had met with the planning staff and advised they were willing to reduce the portion of the property to be rezoned to M-2. He presented a map showing five lots and advised that they would build on Lot 4. Sandy Freeman, owner and administrative director of a . day care center across the street from the property spoke. She was not opposed but wanted to know more specifically what would be built because of the proximity to the children at the day care center. Supervisor McGraw moved to remove this item from the 471 June 26, 1990 table for further discussion. The motion carried by the - following recorded vote: . AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens In response to a question from Supervisor Eddy, Mr. Harrington advised that the remaining property would stay zoned M-1. Supervisor Johnson also pointed out other development of that property would have to go through a site review process. Supervisor Robers moved to approve rezoning the portion of the property defined by the map presented by Mr. Plunkett. Supervisor McGraw suggested that the petitioner bring back a new legal description defining the area to be rezoned. . Supervisor Robers amended his motion to include this provision. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ORDINANCE 62690-17 TO CHANGE THE ZONING CLASSIFICATION OF A 3.5-ACRE TRACT OF REAL ESTATE LOCATED ON STARKEY ROAD (ROUTE 604) APPROXIMATELY 350 FEET NORTH OF CRESCENT BOULEVARD (TAX MAP NO. 87.15-2-8) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M-1 TO THE ZONING CLASSIFICATION OF M-2 UPON THE APPLICATION OF FRANK w. MARTIN WHEREAS, the first readinqof this ordinance was held on June 12, 1990, and the second reading and public hearing was · June 26, 1990 472 ===== ===== ne~d June 26, 1990; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 5, 1990; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.5 acre, as described herein, and located on Starkey Road (Route 604) 350 fee~ north of Crescent Boulevard, (Tax Map Number 87.15-2-8) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of M- 1, Light Industrial District, to the zoning classification of M- 2, General Industrial District. 2. That this action is taken upon the application of Frank W. Martin. 3. That H. Pollard. 4. That the owner of the subject real estate is Donald said real estate is more fully described 5. That the effective date of this ordinance shall be June 26, 1990. On motion of Supervisor Robers to approve rezoning portion as defined in map contingent upon proper designation 47! aJ June 26, 1990 I == being given to staff, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None · ABSENT: Supervisor Nickens IN RE: REPORTS Following discussion of Item 1, Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens 1. Report and Presentation on Customer Service Program · Mr. Hodge introduced Marilyn Rigby, Customer Service Training Coordinator. He advised that this training will be mandatory for all County employees. Ms. Rigby outlined the plans for the Customer Service Program. She explained that an employee resource committee was established to meet the needs of the employees and to pretest the program. 2. Capital Fund Unappropriated Balance 3. General Fund Unappropriated Balance 4. Board Contingency Fund 5. Accounts Paid - May 1990 6. Income Analysis and Statement of Expenditures for eleven months ended May 31, 1990 · June 26, 1990 474 - ---- IN RE: FIRST READING OF ORDINANCES h Ordinance reauestinq vacation of an existinq 20 foot waterline easement located on Lots 9 and 10, Block 1, Section 8, LaBellvue SUbdivision, Hollins Maqisterial District. Director of Development and Inspections Arnold Covey reported that the petitioner, Mr. Paul Hatam, is requesting vacation of an existing 20 foot waterline easement because the waterline was not placed within the easement and is presently located in the common line of lots 10 and 11. Mr. Hatam and Mr. Robert Bryant, owners of lots 10 and 11 have agreed to grant a 20 foot waterline easement where the utility service is located. Supervisor Johnson moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ Ordinance amendinq and readoptinq Section 4-53 of Article III, Shootina Matches of ChaDter 4, Amusements: Section 2-17 of ChaDter 2, Administration: Section 11-28 of Article II, . Parlor Permit: of ChaDter 11, Massaqe Parlors: Section 12-12 and 12-13 of Article I. In General, Article IV. Accidents and Section 475 June 26, 1990 - = 12-121 and 12-125 of Article V. InoDerative Motor Vehicles, Trailers and semitrailers, of ChaDter 12, Motor Vehicles and Traffic: Article II. Permit of ChaDter 14. Parade: and Section 15-2, 15-7, 15-10, and 15-11 of Chapter 15, Parks and Recreation of the Roanoke County Code. . 0-62690-8 Mr. Mahoney presented the staff report and advised these are changes to the ordinance as a result of the creation of the pOlice department. He presented a revised copy of the ordinance. He explained that several provisions of the ordinance should be in effect as of July 1 and therefore asked for a waiver of the second reading. Supervisor Eddy moved to waive the second reading and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Robers NAYS: None . ABSENT: Supervisor Nickens ORDINANCE 62690-8 AMENDING AND READOPTING SEC. 4- 53 OF ARTICLE III. SHOOTING MATCHES OF CHAPTER 4, AMUSEMENTS; SEC. 2-17 OF CHAPTER 2, ADMINISTRATION; SEC. 11-28 OF ARTICLE II. PARLOR PERMIT, OF CHAPTER 11, MASSAGE PARLORS; SECS. 12- 12 AND 12-13, OF ARTICLE I. IN GENERAL, ARTICLE IV. ACCIDENTS; AND SECS. 12-121 AND 12-125 OF ARTICLE V. INOPERATIVE MOTOR VEHICLES, TRAILERS AND SEMITRAILERS, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC; ARTICLE II. PERMIT OF CHAPTER 14. PARADE; AND SECS. 15-2, 15-7, 15-10, AND 15-11 OF CHAPTER 15, PARKS AND RECREATION, OF THE ROANOKE COUNTY CODE. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has adopted Ordinance 62690-10 to establish a police . . June 26, 1990 476 ~ department for the County of Roanoke effective July 1, 1990, pursuant to the authorization of § 15.1-131.6:1 of the Code of Virginia; and WHEREAS, it is the intention of the Board to transfer all law enforcement related functions from the Sheriff to the Chief of Police of Roanoke County; and WHEREAS, the first reading of this ordinance was held on June 26, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sec. 4-53 of Article III. SHOOTING MATCHES, of Chapter 4, AMUSEMENTS. of the Roanoke County Code be amended and readopted to read and provide as follows: Sec. 4-53. Chief of Police's Sheriff's report as prerequisite to issuance. A written investigative report from the Chief of Police Sheriff, with specific recommendations, shall be submitted before the board of supervisors shall issue any special use permit for any shooting match. 2. That Sec. 2-17 of the Roanoke County Code be amended and readopted, as follows: . Sec. 2-17. Dissemination of criminal history record information of applicants for public emploYment. permit or license. a. Criminal history record information of an applicant for public employment, permit or license may be disseminated within five (5) work days to agencies of local government 477 June 26, 1990 -------... whenever, in the interest of pUblic welfare or safety, it is . necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit or license under consideration. If the Chief of Police determines that it is practicallY impossible to provide such criminal history record information within the five (5) work day period. he shall so inform the applicant and the applicable aqencv and shall have an additional seven (7) work days in which to provide such record. b. Use of criminal history record information disseminated to non-criminal justice agencies pursuant to this section shall be limited to the purposes for which it was given . and may not be disseminated further. c. The Chief of Police Sheriff or an authorized officer or employee of the Roanoke County Police Department a criminal juaticc agency shall disseminate criminal history record information for the purposes of this section as follows: i. Public Employment - To the chief personnel officer of the County of Roanoke Roano]ce County Board of Supervisors or the Roanoke County School Board. ii. Permits or Licenses - To the County Administrator, Chief of Police. or appropriate . constitutional officer if required by the specific terms of the ordinance authorizing the issuance of said permit or license. June 26, 1990 478 .......... 3. That Sec. 11-28 of Article II. Parlor Permit of Chapter 11, Messaqe Parlors, of the Roanoke County Code be amended and readopted to read and provide as follows: Sec. 11-28. Referral of application to certain officers. The director shall refer ~ch application for a permit under this article to the administrative officers of the county charged with the enforcement of the building and fire prevention codes and to the Chief of Police sheriff for investigation. 4. That Sec. 12-12 and 12-13 of Article I. In General, of Chapter 12, Motor Vehicles and Traffic, be amended and readopted as follows: Sec. 12-12. Operation of unregistered or unlicensed motorcycles on private property. It shall be unlawful for any person to operate any motorcycle which is not registered and licensed, as required by Title 46.2 ~ of the Code of Virginia, on the driveways or . premises of a church, school, recreational facility or business property open to the public, unless authorized by the owner of such property or his agent. The owner of any property desiring enforcement of the provisions of this section on his property shall notify the Chief of Police sheriff, in writing of his desire to be covered by the provisions of this section and such owner shall post notices on his property adequate to inform the public that operation of such vehicles upon such property is unlawful. Sec. 12-13. Removal and disposition of certain unattended vehicles. . . 479 June 26, 1990 - - * * * * (c) For the purposes of this section, it shall be presumed that a motor vehicle, trailer, or semitrailer is abandoned if: (1) It lacks either a current state license plate or decal, a current county license plate or decal, or a valid state inspection certificate or sticker; and (2) It has been at a specific location for four . 1!l tcn (10) days without being moved. (d) Each removal under this section shall be reported immediately to the Chief of Police ohcriff and notice thereof given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to the county all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semitrailer. (e) Should the owner fail or refuse to pay the costs referred to in subsection (c) above, or should the identity or . whereabouts of such owner be unknown and unascertainable, after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the Department in thc effice of the atate ài~iaion of Motor yehicles against the motor vehicle, trailer or semitrailer, the Chief of Police sheriff may, after holding the motor vehicle, trailer or semitrailer forty (40) thirtv (30) days at the im~ound June 26, 1990 48 0 lot of the authorized towinq servicèand after due notice of sale, dispose of the same at public sale; provided, that if the value of such motor vehicle, trailer or semitrailer is determined by three (3) disinterested dealers or garagemen to be less than one hundred fifty dollars ($150.00), it may be disposed of by private sale or junked. (f) The Chief of Police sheriff shall forward the proceeds of any sale made pursuant to this section to the county treasurer. The treasurer shall pay from such proceeds the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner of the motor vehi~le, trailer or semitrailer and paid to such owner, upon satisfactory proof of ownership. If . no claim has been made by the owner for the proceeds of such sale, the remaining funds may be deposited to the general fund or any special fund of the county. Any such owner shall be entitled to apply to the county within three (3) years from the date of such sale, and if timely application is made therefor, the county shall pay the same to the owner, without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for recovery of such funds after three (3) years from the date of such sale. 5. That Article IV. Accidents, of Chapter 12, Motor Vehicles and Traffic, amended and readopted as follows: Article IV. Accidents Sec. 12-92. Immediate notice of certain accidents. 48 1 June 26, 1990 = (a) The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately, by the quickest means of communication, give notice of the accident to the Roanoke County . Police Deoartment sheriff. (b) A willful failure to give the notice require in this section shall constitute a violation of this section. Sec. 12-93. Reports by drivers and witnesses. (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more shall, within five (5) days after the accident, make a written report of it to the Roanoke County Police Deoartment sheriff's department. (b) The Chief of Police sheriff may require any driver . of a vehicle involved in any accident of which a report must be made under this section to file a supplemental any report is insufficient, in his opinion, and report, whenever he may require to the Roanoke witnesses to such an accident to render reports County Police Deoartment oheriff'ß department. (c) A willful failure to file the report require by this section shall constitute a violation of this section. Sec. 12-95. Report by investigating officer. Every law-enforcement officer who, in the performance of his court of duty, investigates a motor vehicle accident of which a report must be made, either at the time of and at the . · June 26, 1990 482 - scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty-four (24) hours after completing the investigation, forward a written report of the accident to the Roanoke County Police Department shcriff's dcpartmcnt. Such report shall include the name of the insurance carrier or the insurance agent of the automobile liability policy of each vehicle involved in such accident. Sec. 12-96. Report by garage or ~pair shop. The person in charge of any garage or repair shop to which is brought any motor vehicle that shows evidence of having been involved in a serious motor vehicle accident or with evidence of blood stains shall report to the Roanoke County Police Department shcriff's dcpartmcnt, within twenty-four (24) hours after the motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of the vehicle, if known. Reports require by this section shall be made upon forms furnished by the ªuperintendent of ªtate ~olice. Sec. 12-97. Reports to be withouÞprejudice; confidentiality of reports. . All accident reports made by persons involved in accidents or by garages or repair shops shall be without prejudice to the individual so reporting and shall be for the confidential use of the county, the state Department di¥ision of Motor yehicles or other state agencies having use for the reports for accident prevention purposes, except that the Roanoke County 48 3 June 26, 1990 Police Department sheriff's department or the state Department . - - division of Motor yehicles may disclose the identity of a person involved in an accident, when his identity is not otherwise known or when he denies his presence at the accident. Sec. 12-98. Use of reports as evidence. No report required by this Article shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the Roanoke County Police Department sheriff's departmcnt shall furnish, upon demand of any person who has or claims to have made such a report or upon demand of any court, a certificate showing that a specified accident report has . or has not been made to the Roanoke County Police Department sheriff's department, solely to prove compliance or noncompliance with the requirement that the report be made. Sec 12-99. Use of reports made by investigating officers. Subject to the provisions of ªection l2-97, all accident reports made by investigating officers shall be for the confidential use of the Roanoke County Police Department sheriff's department, the state Department di7ision of Motor yehicles and of other state agencies for accident prevention purposes and shall not be uses as evidence in any trial, civil or criminal, arising out of any accident. The Roanoke County Police . Department ohcriff's departmcnt vehicles shall disclose, from such reports, upon request of any person, the date, time and location of the accident and the names and addresses of the drivers, the owners of the vehicles involved, the injured June 26, 1990 484 ~ persons, the witnesses and one investigating officer. .......... Sec 12-100. Availability of reports to certain persons. The Roanoke County Police Department ßneriff's . department shall make any report of an accident made pursuant to ~ections 12-93 through 12-95 available for inspection by any person involved or injured in the accident or his attorney or any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident. Such person, attorney or authorized representative shall be furnished a copy of such report, upon written request therefor and payment to the Police DeDartment sheriff's department of the fee established pursuant to Sec. 16-12. 6. That Secs. 12-121 and 12-125 of Article V. InoDerative Motor Vehicles. Trailers and Semitrailers, of Chapter 12, Motor Vehicles and Traffic of th~ Roanoke County Code be amended and readopted to read and provide as follows: Sec. 12-121. Administration and Enforcement. The Chief of Police Cheriff and Zoning Administrator, through their agents or employees, shall be jointly responsible for the administration and enforcement of this Article. Sec. 12-125. Removal of inoperative motor vehicles, etc. (1) The owner of the property on which there is an inoperative motor vehicle, trailer, or semitrailer that is not fully enclosed or completely shielded shall remove the vehicle or comply with the screening or enclosure requirement of this Article within fifteen 48 5 June 26, 1990 - (15) days after being notified by the Zoning Administrator. (2) Whenever the property owner fails to comply with this Article within the fifteen (15) day period of this ." , notice, the Chief of Police £hcriff or Zoning Administrator may remove the inoperative motor vehicle, trailer or semitrailer from the property to the impound . lot of the authorized towinq service. (3) Whenever the Chief of Police £hcriff or Zoning Administrator removes an inoperative motor vehicle, trailer, or semitrailer from a property, such vehicle may be disposed of after giving an additional fifteen (15) days notice to the last known owner of the vehicle. (4) The costs of removal or disposal shall be charged to the owner of the vehicle or of the premises from ~ which the vehicle was removed. Such costs may be collected in the same manner as taxes and levies are . collected. (5) The assessed costs shall constitute a lien against the property from which the vehicle was removed, and the lien shall continue until actual payment is collected. 7. That Article II. Permit, of Chapter 14, Parade of the Roanoke County Code be, and the same hereby is, amended and readopted as follows: June 26, ~90 ~86 ===' ARTICLE II. PERMIT Sec. 14-22. Application A person seeking the issuance of a parade permit shall file an application with the Chief of Police sheriff on forms provided by the Chief of Police sheriff. Such application shall be filed not less than fifteen (15) days before the date on which it is proposed to conduct the parade. The application shall be signed by the applicant and notarized and shall contain the following information: (1) The name, address and telephone number of the person seeking to conauct the parade. (2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization. (3) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct. (4) The date when the parade is to be conducted. (5) The route to be traveled, the starting point and the termination point-. The approximate number of persons who, and animals (6) and vehicles which, will constitute the parade and the type of animals and a description of the vehicles. 48 7 June 26, 1990 - (7) The hours when such parade will start and - terminate. (8) A statement as to wh~ther the parade will occupy all or only a portion of the width of the streets proposed to be traversed. (9) The location, by streets, of any assembly areas for the parade. (10) The time at which units of the parade will begin to assemble at any such assembly area or areas. (11) The purpose of the parade. (12) Any additional information which the Chief of Police sheriff finds reasonably necessary to make a fair determination as to whether the permit should be issued. . If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the application a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. Sec 14-23. Same-Processing fee. A fee in the amount of Twentv-Five Dollars ($25.00),-ift such amount as is prescribed by the board of su~er7isors, to cover the expenses incident to processing an application for a parade permit shall be paid by the person applying for the permit at the time of the filing of the application. The Chief of Police . sheriff may, in specific cases, waive such fee, if the parade is June 26, 1990 488 .......... to be conducted on behalf of a nonprofit or charitable organization. Sec. 14-24. Issuance or denial (a) The Chief of Police sheriff shall act upon an application for a parade permit, within seven (7) days after the filing thereof, by either issuing or denying the permit. If he . denies the permit, the Chief of Police he shall mail to the applicant, by certified mail, or have served upon the applicant, within seven (7) days after the date upon which the application was filed, a notice of his action stating the reasons for the denial of the permit. Any person aggrieved shall have the right to appeal such denial or qrantinq of a Darade Dermit to the circuit court of the county. The appeal shall be taken within eight (8) days after receipt of the notice of denial or qranting of such Dermit. (b) The Chief of Police ßheriff shall issue a parade permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: (1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. (2) The conduct of the parade will not require the diversion of so great a number of law-enforcement officers of the county, to properly police the line of movement and the areas contiguous thereto, 48 9 . June 26, 1990 -- - as to prevent normal police protection to the county. (3) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the county other than that to be occupied by the proposed line of march and areas contiguous thereto. (4) The concentration of persons, animals and vehicles at assembly points o~ the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas. (5) The conduct of the parade will not interfere with the movement of fire-fighting or rescue squad equipment or vehicles en route to a fire, accident scene or other emergency. (6) The proposed conduct of the participants in the parade does not present a clear and present danger of violence. (7) The parade is scheduled to move from its point of . origin to its point of termination expeditiously and without unreasonable delays en route. (8) The parade is not to be held for the sole purpose of advertising any product, goods or event and is not designed to be held purely for private profit. June 26, 1990 49 0 - This provision shall not prohibit signs identifying organizations or sponsors furnishing . or sponsoring floats or transportation for the parade. (c) The Chief of Police ßftcriff, in denying an application for a parade permit, any authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within two (2) days after notice of the action of the Chief of Police ßhcriff, file a written notice of acceptance with the Chief of Police ßftcriff. An alternative parade permit shall conform to the requirement of and shall have the effect of a parade permit under this Chapter. Sec. 14-25. Contents . Each parade permit shall contain the following information: (1) Date of the parade. (2) Starting time and termination time of the parade. (3) The portions of the streets to be traversed that may be occupied by the parade. (4) The number of persons, animals and motor vehicles that will be in the parade. (5) Such other information as the Chief of Police ßhcriff shall find necessary for the enforcement of this chapter. . Sec. 14-26. Copy to be sent to certain officials. 49 1 June 26, 1990 - Immediately upon the issuance of a parade permit, the Chief of Police sheriff shall send a copy thereof to the following: (1) The county administrator. (2) The assistant county administrator supcrintcndcnt of public facilities.. (3) The commonwealth's attorney. (4) The chairman of the board of supervisors. ~ Each supervisor throuqh whose district the parade route will travel. i§l The chief of the fire and rescue department. Sec. 14-29. Revocation. The Chief of Police sheriff shall have the authority to revoke a parade permit upon any violation of the standards for issuance, as set forth in section 14-24(b). 8. That Secs. 15-2, 15-7, 15-10, and 15-11 of Chapter 15, Parks and Recreation of the Code of Roanoke County be, and . hereby is, amended and readopted as follows: Sec 15-2. Definitions For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein unless the context clearly indicates the contrary. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. . . June 26, 1990 ;92 ~ County is the County of Roanoke, Virqinia. Director means the Director of Parks and Recreation and includes any person whom the Director designates to act for the Director hereunder. Park and other areas, now or in the future operated and maintained by the County of Roanoke Department of Parks and Recreation, are defined to mean parks, public lands, playgrounds, recreation fields, museums, building, lakes, streams, lagoons, water areas, and submerged lands, and all public service . facilities located on or in grounds, waters, buildings and structures in Roanoke County which are under the control of or assigned for upkeep, maintenance or operation by the County of Roanoke, Department of Parks and Recreation, including property of the Roanoke County School Board. Person is any person, firm, partnership, association, corporation, company, or organization of any kind. Vehicle means every device in, upon, or by which any person or property may be transported upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power. Permit is any written license issued by or under the authority of the Director of Parks and Recreation permitting the performance of a specified act or acts. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of 49 3 June 26, 1990 '- and while actually engaged in loading or unloading. Closed Hours means the houcs from 11:00 p.m. until 6:00 a.m. the following day. Department when used hereinafter is defined as the Department of Parks and Recreation for the County of Roanoke. Police officer Cheriff'a deputies means all officers of the Roanoke County Police Department. includinq the Chief of Police. and all properly trained and deputized law enforcement officers of the Roanoke County Sheriff's Department and any law enforcement officer legally empowered to issue warrants of arrest or summons within the County of Roanoke. Park attendants means all full-time employees of the Department of Parks and Recreation ~d any part-time or temporary employees of the department specifically authorized by the Director to enforce the requirement of this chapter. Sec. 15-7. Traffic. No person in a park shall: 1. Motor vehicle laws apply. Fail to comply with all applicable provision of the state and county motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other ordinances. 2. Enforcement of traffic requlations. Fail to obey any police officer all Chcriff'a deputies and park attendants who are hereby authorized and instructed to direct traffic whenever . and wherever needed in parks and on the highways, streets or roads immediately adjacent thereto in accordance with the June 26, 1990 494 ' - provision of these regulations and such supplementary regulation as may be issued subsequently by the Director. 3. Obey traffic siqns. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life · and property. 4. Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles per hour, except upon such park roads as the County may designate, by posted signs, for other speed limits. 5. Operation confined to roads. Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. 6. Snowmobiles. etc. Operate in any park or recreation area snowmobiles, hovercraft, minibikes, motorcycles, · go-carts, ATVs, mopeds or any other vehicles except in areas specifically designated by the Director for such use. 7. Trucks and commercial vehicles. Shall operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the Director. 8. Parkinq. A. Desiqnated areas. Park a vehicle in other than an established or designated area, and such use shall be in · . 495 June 26, 1990 ~ accordance with the instructions of any park attendant or police ~ officer Sheriff's deputy who may be present. B. Prohibited activities. Park a vehicle in a park for the expressed purpose of washing, repairing or maintaining the same. C. Double parking. Double park any vehicle on any road or parkway unless directed by a park attendant or police officer Sheriff's deputies. 9. Bicycle. . A. Confined to roads. Ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy or wooded trail or any paved area reserved for pedestrian use. B. Desiqnated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. Sec. 15-10. Behavior. No person in any park shall: * * * * 8. Exhibit permits. Fa~ to produce and exhibit any permits from the Director upon request of any police officer Sheriff's deputy or park attendant who shall request to inspect the same. * * * * Sec. 15-11. Park Operatinq POlicy. * * * * June 26, 1990 496 - 3. Permit. A permit shall be obtained from the . Director before participating in a park activity prohibited by these rules: * * * * B. Standards of Issuance. The Director may issue a permit hereunder when he finds: that the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed . activity will not entail unusual, extra-ordinary or burdensome expense or allocation of manpower resources by the Roanoke County Police Department Sheriff's Department or other operation by the County; that the facilities desired have not been reserved for other use at the day and hour required in the application. * * * * 2. That this ordinance shall be in full force and effect from and after July 1, 1990. On motion of Supervisor Eddy to waive the second reading and adopt the ordinance, and carried by the following recorded vote: AYES: . Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens 4 9 7 ¿. . . .., June 26, 1990 - - IN RE: SECOND READING OF ORDINANCES h Ordinance amendina and readoptinq ChaDter 16 of the Roanoke County Code as ChaDter 16A, Precious Metals and Gems. 0-62690-9 . Mr. Mahoney presented a minor correction to the ordinance. Supervisor McGraw moved to adopt the ordinance as corrected. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ORDINANCE 62690-9 AMENDING AND READOPTING CHAPTER 16 OF THE ROANOKE COUNTY CODE AS CHAPTER 16A, PRECIOUS METALS AND GEMS WHEREAS, it is the intention of the Board of Supervisors of Roanoke County, Virginia, to institute and establish a county police department by adopting a new Chapter 16, Police to the Roanoke County Code; and, WHEREAS, it is the intention of the Board of Supervisors to continue in effect those provisions of the Roanoke County Code dealing with the regulation of dealers in precious metal and gems with the same section numbers as currently but under a new Chapter designated 16A, and WHEREAS, the first reading of this ordinance was held on June 12, 1990; the second reading on this ordinance was held on June 26, 1990. . · June 26, 1990 49 8 - BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That Chapter 16, currently Precious Metals and Gems, of the Roanoke County Code be, and it hereby is, amended and reenacted as Chapter 16A Precious Metals and Gems by amending and reenacting Sections 16-21 through 16-32 and sections 16-41 through 16-48 to read and provide as follows: Chapter 16A · PRECIOUS METALS AND GEMS ARTICLE I. GENERALLY Sec. 16A-21. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "Coin" means any piece of gold, silver, or other metal fashioned into a prescribed shape, weight, and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. · "Dealer" means any person, firm, partnership or corporation engaged in the business of purchasing secondhand precious metals or gems, removing in any manner precious metals or gems from manufactured articles not then owned by such person, firm, partnership or corporation, buying, acquiring or selling precious metals or gems removed from such manufactured articles. "Dealer" shall mean any employee or agent who makes any such 499 June 26, 1990 - purchase for or on behalf of his employer or principal. This definition shall Hot be construed so as to include persons - engaged in the following: (1) Purchase of precious metal or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided the selling dealer has complied with the provisions of this Chapter. (2) Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. (3) Acceptance by a retai~ merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. (4) Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business. (5) Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, or dealers or by mail originating outside the Commonwealth of Virginia. (6) Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. June 26, 1990 50 0 - "Gems" means precious or semiprecious stones customarily used in jewelry whether loose or in a setting. "Precious metals" means any item, except coins, composed in whole or in part of gold, silver, platinum or · platinum alloys. Sec. 16A-22. violations of Chapter qenerally. Any person convicted of violating any provisions of this Chapter shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense, he shall be guilty of a Class 1 misdemeanor. Sec. 16A-23. Chapter not applicable to sale or purchase of coins. The provisions of this Chapter shall not apply to the sale or purchase of coins. Sec. 16A-23.1 Chapter not applicable to financial institutions. · The provisions of this Chapter shall not apply to any bank or branch thereof, trust company, or bank holding company, or any wholly-owned subsidiary thereof, engaged in the business of buying and selling gold and silver bullion. Sec. 16A-24. waiver of Article provisions for certain exhibitions and shows. The Chief of Police ahcriff may waive, by written notice, any provision of this Chapter, except Section 16-30, for particular numismatic, gem or antique exhibitions or craft shows sponsored by nonprofit organizations, provided the purpose of the exhibitions or shows is nonprofit in nature, notwithstanding the · . 50 1 .. June 26, 1990 - fact that there may be casual purchases and trades made at such - exhibition or shows. ARTICLE II. DEALERS Sec. 16A-25. Inspection of records required by Chapter and of articles listed in such records. Every dealer shall admit to his premises, during regular business hours, the Chief of Police or officers of the Police Department, the sheriff or his sworn deputies and any law- . enforcement official of the state or federal governments, and shall permit such law-enforcement officer to examine all records required by this Chapter, and to examine any article listed in such a record which is believed by the officer to be missing or stolen. Sec. 16A-26. Bond or letter of credit. (a) Every dealer, at the time of obtaining a permit under Article III of this Chapter, shall enter into a recognizance in favor of the Board of Supervisors, secured by a corporate surety authorized to do business in the Commonwealth, in the penal sum of ten thousand dollars ($10,000.00), . conditioned upon due observance of the term of this Chapter. In lieu of a bond, a dealer may cause to be issued, by a bank authorized to do business in the Commonwealth, a letter of credit in favor of the Board of Supervisors, in the sum of ten thousand dollars ($10,000.00). (b) A single bond upon an employer or principal may be written or a single letter of credit issued under this section to June 26, 1990 50 2 - cover all employees and all transactions occurring at a single location. (c) If any person shall be aggrieved by the misconduct of any dealer who has violated the provision of this Chapter, he may maintain an action for recovery in any court of proper jurisdiction against such dealer and his surety, provided that recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer. Sec. 16A-27. Notice of closinq and reopeninq of business; location of business. If the business of a dealer is not operated without interruption, Saturdays, Sundays anÅ“ recognized holidays excepted, for a period of not less than ten days. the dealer shall notify the Chief of Police aftcriff of all closings and reopenings of such business. The business of a dealer shall be conducted only from the fixed and permanent location specified in his application for a permit under this Chapter. Sec. 16A-28. Identification of persons from whom purchases made. No dealer shall purchase precious metal or gems, without first ascertaining the identity of the seller, by requiring an identification card or document issued by a governmental agency, with a photograph of the seller thereon, and at least one other corroborating means of identification, and obtaining a statement of ownership from the seller. Sec. 16A-29. Record of Purchases. 503 June 26, 1990 - (a) Every dealer shall keep, at his place of business - an accurate and legible record of each purchase of precious metals or gems. The record of each such purchased shall be retained by the dealer for not less than twenty-four (24) months. These records shall set forth the following: (1) A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or carat of any gem and the price paid for each item. (2) The date and time of receiving the item(s) purchased. (3) The name, addres~, age, sex, race, driver's license number or social security number and signature of the seller. (4) A statement of ownership from the seller. (b) The information requires by subdivisions 1 through 3 of subsection (a) above shall appear on each bill of sale for all precious metals and gems purchased by a dealer and a copy shall be mailed or delivered, within twenty-four (24) hours of the time of purchase, to the office of the Chief of Police sheriff. Sec. 16A-30. Prohibited purchases. (a) No dealer shall purchase precious metals or gems June 26, 1990 504 ~ from any person who is under the age of eighteen (18) years. ~ (b) No dealer shall purchase precious metals or gems from any person ~o the dealer believes, or has reason to believe, is not the owner of such items, unless such person has written and duly authenticated authorization from the owner permitting and directing such sale. (c) No dealer shall purchase or sell any precious . metals or gems except at the place of business as identified in the application required by Section 16-42. Sec. 16A-31. Retention of purchases. (a) A dealer shall retain all precious metals or gems purchased by him for a minimum of ten (10) calendar days from the date on which a copy of the bill of sale is received by the Chief of Police sheriff pursuant to Section 16-29. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item, in whole or in part, or remove it from the county. (b) If a dealer performs the service of removing . precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of ten (10) calendar days after receiving such article and precious metals or gems. Sec. 16A-32. Record of sales. Each dealer shall keep and maintain, for at least twenty-four (24) months, an accurate and legible record of the name and address of the person to whom he sells any precious 50 5 June 26, ~90 metal or gem in its original form after the waiting period - required by Section 16-31. This record shall also show the name and address of the person from whom the dealer purchased such item. Secs. 16A-33 -- 16A-40. Reserved. ARTICLE III. PERMIT Sec. 16A-41. Permit required; postinq. No person shall engage in the activities of a dealer in the county as defined by Section 16-21, unless he has a current permit so to do issued by the Chief of Police sheriff pursuant to this Article. No purchase or sale permitted by this Chapter shall be lawful unless and until such permit is prominently posted at the dealer's place of business. Sec. 16A-42. Application fee. Any person desiring a permit required by this Article shall file with the Chief of Police sheriff an application form, which shall include the dealer's full name and any aliases and his address, date of birth, age, social security number, sex, and fingerprints; the name, address, and telephone number of the applicants' employer, if any; and the location of the applicant's place of business. Such application shall be accompanied by an application fee of two hundred dollars ($200.00), payable to "Treasurer, Roanoke County." Sec. 16A-43. Applicant's weighinq devices to be inspected and approved. Before a permit required by this Article may be issued, June 26, 1990 50 6 - the applicant must have all weighing devices used in his business inspected and approved by county or state weights and measures officials and present written evide~ce of such approval to the Chief of Police sheriff. As a condition for renewal of any permit, as permitted under Section 16-46, each dealer shall provide written evidence of an inspection and approval within thirty (30) days prior to such renewal date. Sec. 16A-44. Issuance or denial. Upon the filing of a proper application for a permit under this Article and compliance with the provisions of this Article and of section 16-26, the applicant shall be issued a permit by the Chief of Police ahcriff, provided the applicant has not been convicted of a felony or crime of moral turpitude within seven (7) years prior to the date of application. The permit . shall be denied if the applicant has been denied a permit or has had a permit revoked under this Chapter or any ordinance of this county or another jurisdiction similar in substance to the provisions of this Chapter. Any false or misleading information provided on the application form required by Section 16-42 may be grounds for denial of a permit. Sec. 16A-45. Not transferable. No permit issued under this Article shall be transferable. Sec. 16A-46. Term; renewal. A permit issued under this Article shall be valid for . one (1) year from the date issued, unless sooner revoked, and may 50 7 June 26, 1990 - be renewed in the same manner as such permit was initially - obtained, with an annual permit fee of two hundred dollars ($200.00) . Sec. 16A-47. Revocation. Upon the first conviction, by any court, of a dealer for violation of any provision of this Chapter, the Chief of . Police sheriff may revoke his permit to engage in business as a dealer under this Chapter for a period of one full year from the date the conviction becomes final. Such revocation bv the Chief of Police shall be mandatory upon a second conviction. ARTICLE IV. SEVERABILITY Sec. 16A-48. severability. The sections, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any phrase, clause, sentence, paragraph or section of this Chapter shall be declared unconstitutional or invalid by the valid jUdgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections oY this Chapter shall remain valid. 2. That these amendments and reenactments shall be in full force and effect on and after June 27, 1990. On motion of Supervisor McGraw to adopt the ordinance amended with "(A)" included following Chapter 16 wherever applicable, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None . 50 8 June 26, 1990 - ABSENT: Supervisor Nickens ==::J ~ Ordinance establishinq a County Police Force for the County of Roanoke, Roanoke County Code, ChaDter 16, Sections 1 - 18. 0-62690-10 Mr. Mahoney presented several minor changes regarding policies and procedures and explained that the procedures must be in accordance with the County employee handbook. Changes in policies and procedures will be incoFPorated into the handbook and brought to the board for approval. Supervisor Johnson expressed concern about the possible procedures regarding drug testing and asked that such changes be brought back to the board before implementation. Supervisor Eddy asked if there were problems with the ordinance going into effect immediately when the Police Department will not go into effect until July 1. Mr. Mahoney responded that the body of the ordinance stipulates commencement of operations on July 1. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: . AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ORDINANCE 62690-10 ESTABLISHING A 509 June 26, 1990 ¡;;; COUNTY POLICE FORCE FOR THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, on November 7, 19ß9, the qualified voters of Roanoke County approved by majority vote the establishment of a police force in the County in a referendum conducted pursuant to § 15.1-131.6:1 of the Code of Virginia; and WHEREAS, the General Assembly of the Commonwealth of Virginia in its 1990 legislative session enacted authorizing legislation for the creation of such a police department as required by § 15.1131.6:1 of the Code of Virginia: and WHEREAS, it is the intention of the Board of Supervisors of Roanoke County, Virginia, to institute and establish a police department for the County of Roanoke which shall commence operations on July 1,. 1990, at 12:00:01 a.m. ; and WHEREAS, the first reading of this ordinance was held on June 12, 1990; the second reading on this ordinance was held on June 26, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That Chapter 16, currently Precious Metals and Gems, of the Roanoke County Code be, and it hereby is, amended and reenacted under the heading Police by adding Sections 16-1 through 16-18 to read and provide as follows: CHAPTER 16 Police . Article I. In General June 26, 1990 51 0 ===== Sec. 16-1. Establishment of Police Department. A police department consisting of a Chief of Police and officers of such rank and experience as the chief shall determine is hereby created for the County of Roanoke, Virginia. This department shall be known as the Roanoke County Police Department. . Sec. 16-2. Duties and authority of Police Department and its officers. The Roanoke County Police Department shall exercise all the powers and duties imposed upon police by the provisions of Chapter 3 of Title 15.1 of the Code of Virginia, 1950, as amended, or its successors as it may from time to time appear. The police officers constituting this department are invested with and authorized to exercise all of the power and authority which pertains to the office of constable at common law within the territorial limits of the County of Roanoke, including the Town of Vinton, in taking cognizance of and enforcing the criminal laws of the Commonwealth of Virginia and the ordinances and regulation of the County of Roanoke. Sec. 16-3. Limitations on board actions. Neither the board nor any of its members shall direct the appointment, promotion or removal of any officer or employee of the Police Department nor interfere with the Chief of Police in the exercise of his judgment in any such matters. Except for the purpose of inquiry, the members of the board shall deal with the Chief of Police and any officers of the . . 511 June 26, 1990 - department solely through the County Administrator, and no member -- of the board shall give orders to or direct any officer or employee of the department, including the Chief of Police. Article II. Chief of Police Sec. 16-4. Selection of Chief of Police The Chief of Police shall be selected by the County Administrator and shall serve at the pleasure of the Administrator at such salary as the Administrator, subject to the approval of the Board of Supervisors, shall determine. Sec. 16-5. . Duties of Chief of Police; Bond. The Chief of Police shall be the principal law enforcement officer of the County of Roanoke, Virginia. The Chief of Police shall be responsible for the operations of the Roanoke County Police Department and the performance of all officers and employees of this department. The Chief of Police shall be authorized to establish such pOlicies and procedures and to adopt such rules and regulations for the department, as shall be most conducive to the efficient and professional operation of this department. The Chief of Police shall be bonded in accordance with standard county practice. Sec. 16-6. Coordination with other law enforcement agencies; Reports. In carrying out his responsibilities, the Chief of Police shall consult with and coordinate the operations of this department with the Sheriff of Roanoke County, the Chief of Police of the Town of Vinton and the principal law enforcement June 26, 1990 512 --------- officer of all contiguous jurisdictions, in so far as reasonably possible. The Chief of Police shall keep the County Administrator informed of the operations of his department and of significant matters affecting the public safety of the County of Roanoke and shall make such reports to the Administrator and the Board of Supervisors as shall be periodically required. Sec. 16-7. Article III. Officers and Employees Selection and appointment of police officers; oaths. The officers of the Roanoke County Police Department shall be selected, appointed, promoted, disciplined and terminated by the Chief of Police in accordance with the procedures established in the Roano~ County Employee Handbook. To assist the Chief in hiring the most capable and qualified officers, he shall be authorized to establish such selection procedures, including the administration of tests or other measurements, as are consistent with professional police practices. Prior to receiving his badge of office, each officer shall take an oath as prescribed by state statute or local ordinance. Sec. 16-8. Powers and duties of police officers. Every officer of this department shall have all powers and authority as stated in Sec. 16 - 2 above. It shall be the duty of every officer of this department to use his best efforts . to preserve and enforce the criminal laws of the Commonwealth of Virginia and the ordinances and regulation of the County of 51 3 June 26, 1990 - Roanoke and to preserve the peace and good order of this community. Each officer shall in all cases, except in civil --- matters, execute within the territorial limits of Roanoke County, and within one mile beyond, all warrants or summonses as may be placed in his hand. . Sec 16-9. Regulations and procedures. The Police Department shall adopt such regulations and procedures in the form of general orders or otherwise as shall be necessary or conducive to the efficient and professional operation of the department. Article IV. Records and Services of the Department Sec. 16-10. Records of arrests and offenses; Release of records. The Police Department shall keep records of offenses reported and arrests and the disposition thereof in such form as the Chief of Police shall prescribe. The release of any such records shall be in compliance with the "Virginia Freedom of . Information Act, " § 2.1-340.1 to 2.1-346.1 and the "Privacy Protection Act of 1976" §2.1-377 to 2.1-386, Code of Virginia, 1950, as amended or their successors. Provided that written authorization is received from the individual who is the subject of any investigation or arrest, the department shall make such information available to third parties. The department may charge a fee, not to exceed $10.00 to defray the administrative cost of searching for and providing such information. The Chief of Police may waive such fee for any law-enforcement officer or agency or authorized representative of any armed force of the United states . · June 26, 1990 514 - or the Commonwealth or for any organization which provides services to the Police Department which are reasonably adequate to offset the revenue to be derived from such fees. Sec. 16-11. Finqerprintinq. The Police Department shall record fingerprint impressions on fingerprint cards for any individual upon the payment of a fee of $10.00. No fee shall be charged where fingerprinting shall be a condition of employment of any agency of this local government, or where performed at the request of another law-enforcement agency or authorized representative of the armed forces of the United states or the Commonwealth. The Chief of Police is authorized to waive this fee in connection with the fingerprinting of minors conducted by the department in connection with any public service project or promotion, in his discretion. Sec. 16-12. Accident reports. The Police Department shall keep on file such records of traffic accidents occurring in the County of Roanoke as the Chief of Police shall require. Upon the payment of a fee of $10.00 to defray the cost of providipg such reports, the Chief of Police may make available the originals and permit copying of such reports to any person directly involved in a particular accident, their legal or other authorized representative, any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident or any party who suffered personal injury or property 515 June 26, 1990 damage as a result of such accident. The provisions of this - . section shall only apply to the standard report form authorized by the Department of Motor Vehicles and shall not be interpreted .~ to include any investigative report by any police officer or statement made by any witness to any such accident. Sec. 16-13. Disposition of fees. All fees for services provided by the Police Department in accordance with this Article shall be deposited with the Treasurer of Roanoke County for the county's general fund. Article v. Unclaimed Personal Property. Sec. 16-14. Definition. As used herein, "unclaimed personal property" shall . mean any personal property belonging to another which has been acquired by an officer of this department pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq, Code of Virginia, 1950, as amended). Sec. 16-15. When sale authorized. Any unclaimed personal property which has been in the possession of the Police Department and is unclaimed for a period of more than sixty (60) days may be disposed of by the Chief of . Police by public sale, subject to the provisions of this Article. Sec. 16-16. Prerequisites to sale. Prior to the sale of any unclaimed property pursuant to June 26, 1990 516 = this Article, the Chief of Police, or his duly designated representative, shall make reasonable attempts to notify the rightful owner of the property, obtain from the Commonwealth's Attorney, in writing, a statement advising that the property is not needed in any criminal prosecuti~n and cause to be published, in a newspaper of general circulation in the county, once a week for two (2) successive weeks, notice that there will be a public sale of such unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale. Sec. 16-17. Disposition of sale proceeds. The Chief of POlice, or his duly designated representative, shall pay, from the proceeds of any sale made pursuant to this Article, the costs of advertisement, removal, storage, investigation as to ownership and liens and notice of sale. The balance of such funds shall be deposited with the Treasurer of Roanoke County for the account of the Chief of Police and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner for such funds within sixty (60) days of the sale, the remaining funds shall be deposited in the general fund of the county. Any such owner shall be entitled to apply to the county within three (3) years from the date of the sale and, if timely application is made therefor, the county shall pay the remaining proceeds of the sale to the owner, without interest or other charges. No claim shall be made nor any suit, action or proceeding be instituted for the recovery . . 517 June 26, 1990 of such funds after three (3) years from the date of the sale. C=:: Article VI. SEVERABILITY Sec. 16-18. severability. The sections, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any phrase, clause, sentence, paragraph or section of this Chapter shall be declared . unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs and sections of this Chapter shall remain valid. Secs. 16-19 to 16-20. Reserved. 2. That these amendments, additions and reenactments shall be in full force and effect on and after June 27, 1990. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, JOhnson, Robers NAYS: None ABSENT: Supervisor Nickens . ~ Ordinance establishing an Auxiliary Police Force in the County of Roanoke, Roanoke County Code, Section 16-19, ChaDter 16. 0-62690-11 Mr. Mahoney reported that this ordinance establishes an June 26, 1990 51 8 - auxiliary police force. The ordinanbe has been clarified as the board requested at the last meeting. Supervisor Johnson advised that he felt no changes to the auxiliary police force should affect those currently on the Sheriff's auxiliary police. Mr. Hodge responded that Chief Cease will meet with those currently on the auxiliary to work out the details, but that there will be training necessary for those who will carry a gun or engage in other law enforcement patrol. Those who do not desire to take the training may continue in office functions. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ORDINANCE 62690-11 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF S 16-19 TO CHAPTER 16, POLICE, ESTABLISHING AN AUXILIARY POLICE FORCE IN ROANOKE COUNTY WHEREAS, the Chief of Police of the Roanoke County Police Department has expressed a desire to establish a program to provide for an auxiliary police force in Roanoke County, Virginia, which said auxiliary police force shall be trained in . police procedures and shall be available as a supplementary force for use for various police activities and functions in Roanoke County; and 5 1 9 June 26, 1990 - - WHEREAS, § 15.1-159.2, Code of Virginia, 1950, as amended, authorizes the governing body of a county to establish, equip and maintain an auxiliary police force; and WHEREAS, the Board of Supervisors of Roanoke County is . of the opinion that the establishment of such an auxiliary police force would be in the best interests of Roanoke County. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 16, Police, of the Roanoke County Code be amended and readopted by adding Sec. 16-19 as follows: Sec 16-19. Roanoke County Auxiliary Police Force. (a) An auxiliary police force is hereby created in Roanoke County, Virginia. This force shall be designated as the Roanoke County Auxiliary Police Force. The members of the auxiliary police force, when called into service, shall have all . the powers, authority and immunities as granted to such forces by Article 4 of Chapter 3, Title 15.1 of the Code of Virginia [§ 15.1-159.2 et seq.]. (b) The Chief of Police shall have the power and authority to call into service the members of the auxiliary police force at such times as he deems it necessary so to do. (c) All individuals who snaIl serve as auxiliary police officers shall be selected, appointed, promoted, disciplined, and terminated by the Chief of Police of the Roanoke County Police Department. (d) All auxiliary police officers shall wear the . · June 26, 1990 52 0 - uniform of the Roanoke County Police Department with a designation thereon that such officer is a member of the auxiliary police force when in the performance of their duties. (e) All auxiliary police officers shall follow and fully comply with all established policies procedures, rules and regulations of the Roanoke County Police Department. 2. This ordinance shall be in full force and effect from and after July 1, 1990. · On motion of Supervisor Eddy to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ Ordinance amendinq the Roanoke County Code, ChaDter 12, Motor Vehicles and Traffic, Article III, of the Roanoke County Code, to prohibit ~arkinq in Fire Lanes. 0-62690-12 Mr. Mahoney advised this ordinance incorporates in the local code changes from the General Assembly session. He further advised he will bring a report back to the Board at the last meeting in July on all parking fines and fees. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None 521 June 26, 1990 ABSENT: . - Supervisor Nickens - ORDINANCE 62690-12 AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, ARTICLE III. PARKING, TO PROHIBIT PARKING IN FIRE LANES WHEREAS, by Ordinance 52488-13, Roanoke County repealed Article II, Fire Lanes of Chapter 9, FIRE PREVENTION AND PROTECTION in adopting the "Virginia Statewide Fire Prevention Code;" and WHEREAS, all violations of the Fire Prevention Code of the County of Roanoke, Article II, Chapter 9, Roanoke County Code, are charged as Class 1 Misdemeanors carrying the punishment prescribed by § 18.2-11, Code of Virginia, 1950, as amended; and WHEREAS, by the amendment of § 46.2-1220 of the Code of Virginia, the County of Roanoke has been granted the same powers as cities and towns to regulate parking within its boundaries by ordinance. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article III, PARKING, Division 1. GENERALLY, of Chapter 12, MOTOR VEHICLES AND TRAFFIC, be amended and readopted by adding Section 12-60 as follows: Sec. 12-60. Parkinq in fire lanes unaawful. (a) It shall be unlawful for any person to park in or otherwise obstruct a fire lane designated and marked by the fire marshall in accordance with Sec. F-313.1, et seq., of the Fire ,< June 26, 1990 522 --------- Prevention Code of the County of Roanoke. (b) The fire marshall or any law-enforcement officer may enforce this section in accordance with the provisions of this Chapter and may have any motor vehicle parked in violation of this section towed to a garage or parking lot for storage, at the expense of the owner of such motor vehicle. 2. That this amendment and readoption shall be in full force and effect on and after July 1, 1990. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ~ Ordinance amendinq CbaDter 12, Motor Vebicles and Traffic, section 12-8, of Article I of CbaDter 12 of the Roanoke County Code 0-62690-13 Mr. Mahoney advised this ordinance also brings the Roanoke County Code in compliance with regulations approved in the General Assembly. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens . 523 June 26, 1990 ~ ORDINANCE 62690-13 AMENDING SECTION 12-8 OF ARTICLE I OF CHAPTER 12 OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8, Adoption of state law, Article I, In General, of Chapter 12, Motor Vehicles and Traffic, be . amended and readopted to read and provide as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 and in Article 2 (Section 18.2-226 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the County. References to "highways of the state" contained in such provisions and . requirements hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the County to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any June 26, 1~90 524 ~ provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used herebY shall be construed to include all amendments to said laws made effective as of the date that this ordinance is itself effective. 2. The effective date of this ordinance shall be July 1, 1990. On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, ~ohnson, Robers NAYS: None ABSENT: supervisor Nickens IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) Asked about the evaluations of the County Attorney and County Administrator. Chairman Robers informed him this would be done in executive session. (2) Announced he had read and heard statements regarding comments by Roanoke city Council pertaining to cooperation. He suggested asking for clarification from Roanoke City. (3) Advised that in response to a citizen complaint on penalties for late filing of Personal Property tax, he received an opinion from Attorney General stating that jurisdictions are limited in penalties assessed for late personal property filing to the greater of ten 525 June 26, 1990 dollars per return or ten percent of the tax, not $10.00 Per item of property listed. Following discussion, he asked the County = Attorney and Commissioner of Revenu~ to review the procedure and report back to the Board. (4) Received a citizen complaint about dumping of chicken manure on Bent Mountain. He suggested that the Board consider an ordinance regarding animal waste, and asked the County Attorney to investigate. Supervisor Robers advised that he had a similar problem in Hunting Hills and the Health Department solved the problem. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers . NAYS: None ABSENT: Supervisor Nickens RESOLUTION 62690-14 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for June 26, 1990 designated as Item K Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in sa~d section designated Items 1 June 26, 1990 526 -------. through 5, inclusive, as follows: 1. Approval of Minutes - May 29, 1990 2. Confirmation of Committee Appointments to the Community Corrections Resources Board and Parks and Recreation Advisory Commission. 3. Approval of Fireworks Permit - Hills Department store. 4. Approval of Fireworks Permit - Town of . Vinton. 5. Donation of Right-of-way, Map of Countrywood, Plat Book 9, Page 143 and amended resolution requesting acceptance of Countrywood Drive into the VDOT Secondary System. 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, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: None . ABSENT: Supervisor Nickens IN RE: EXECUTIVE SESSION At 9:15 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 A (1) to consider a personnel matter, the evaluation of the County Administrator and County Attorney. The motion carried by the following recorded vote: AYES: supervisors Eddy, McGraw, Johnson, Robers 52 7 . June 26, 1990 - NAYS: None ~ ABSENT: Supervisor Nickens IN RE: CERTIFICATION OF EXECUTIVE SESSION At 10:35 p.m., Supervisor Robers moved to return to Open Session and adopt a resolution certifying the Executive Session. The motion carried by the following recorded vote: AYES: Supervisors Eddy, MCGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens . RESOLUTION 62690-18 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 June 26, 1990 528 - i 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 Robers, and carried by the following recorded vote: AYES: supervisors Eddy, McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens IN RE: SETTING OF COUNTY ADMINISTRATOR AND COUNTY ATTORNEY SALARIES . Supervisor Johnson moved to set the County Attorney's salary for 1990-91 at $75,460, plus a $5,000 fringe benefit package. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Robers NAYS: None ABSENT: Supervisor Nickens ABSTAIN: supervisor Eddy Supervisor McGraw moved to set the County Administrator's salary for 1990-91 at $92,000, plus a $5,000 fringe benefit package. The motion carried by the following recorded vote: . AYES: Supervisors McGraw, Johnson, Robers 529 June 26, 1990 - NAYS: None t:::::: ABSENT: Supervisor Nickens ABSTAIN: Supervisor Eddy IN RE: ADJOURNMENT At 10:40 p.m., Supervisor ~ohnson moved to adjourn. The motion carried by the fOllowing voice vote: AYES: Supervisors Eddy, MCGraw, JOhnson, Robers NAYS: None ABSENT: Supervisor Nickens ~~rs, Chairman ·