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HomeMy WebLinkAbout12/4/1990 - Regular - 8lo D:rt"""'~-r 4, 1990 . Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 December 4, 1990 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of December, 1990. INRE: CALL TO ORDER . Chairman Robers called the meeting to order at 3: 04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard Robers, Vice Chairman Steven A. McGraw, Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: Supervisor Harry C. Nickens (arrived at 3:10 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; John R. Hubbard, Assistant County Administrator of Communi ty Services and Development; Don M. Myers, Assistant County Administrator for Management Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer . --_._-------_.__.__.-~.._.~- 82 1 December 4 ,'1990 - - IN RE: OPENING CEREMONIES The invocation was given by the Reverend Kenneth Stofft, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS County Attorney Paul Mahoney added Item H-3, Ordinance to extend a franchise agreement with Cox Cable. County Administrator Elmer Hodge asked for an Executive Session to consider a legal matter pertaining to condemnation. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Proclamation Declarinq the week of December 1 - 8. 1990 as Aids Awareness Week. No representative was present to receive the proclamation. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ AcceDtance of virginia MuniciDal Leaaue safety Performance Award. Margaret Nichols, Administrator of the program presented the award to Chairman Robers who presented it to 2 822 - DQcQmbQT 1, ,qqn Director of Finance Diane Hyatt and Risk Manager Bob Jernigan. IN RE: NEW BUSINESS ~ Mid-vear bUdqet reauests County Administrator Elmer Hodge explained that there are several requests for mid-year funding that the Board of Supervisors needs to address. Supervisor Nickens expressed concern about approving budget requests during mid year because the items being requested at this time are not subject to the scrutiny of the annual budget process. ~ VDOT Matchinq Funds A-12490-1 Mr. Hodge presented the list of roads that will be covered by the matching funds. According to VDOT resident engineer, Fred Altizer, funds are still available in the state budget for VDOT's share. Mr. Hodge asked that allocation of the . funds be approved contingent upon the availability of the private and state funds. Mr. Hodge explained that funds must be allocated from this year's budget because the deadline is May 1991. Supervisor Johnson moved to authorize the appropriation of $347,500 from the unappropriated balance and $35,000 from the special account of private funds for completion of the projects listed on the 1990-91 VDOT Revenue Sharing Project. The motion 82 3 December 4, 1990 - - carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None b. Leaal fees for Dixie Caverns Landfill County Attorney Paul Mahoney presented the staff report, explaining that an appropriation of $175,850 is needed to balance accounts in the clean-up of the old landfill. An additional $50,000 is necessary for legal and other professional expenses to proceed with. the federal district court litigation seeking to receive contributions for the removal from the potentially responsible parties. In response to a question from Supervisor Johnson, he advised that reimbursement of legal expenses is included in the litigation demand. . supervisor McGraw moved to approve the appropriation and that all funds recovered from the litigation be allocated to the unappropriated balance. Supervisor Nickens offered a substitute motion to discuss this issue in executive session prior to taking action. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None Action on this issue was taken later in the meeting. ~ Exoansion of services for CORTRAN A-12490-2 - 82 4 - DQcQmbQr 1 199O Assistant County Administrator Don Myers advised that users of the transportation system for the elderly and handicapped had requested expansion of the service at an earlier meeting. The Board directed that staff bring back a recommendation. Following a meeting with others involved in the system, it was recommended that service be expanded from four days per week to five (Monday through Friday), at a cost of $10,000 annually. A six month trial period will begin January 1, 1991 at a cost of $5,000. Supervisor Eddy asked that data be available following the trial period to justify the expansion. Rich Boehler, who requested the expansion expressed his appreciation to the Board of Supervisors. Supervisor Nickens moved to allocate $5,000 from the unappropriated balance to expand CORTRAN services. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, ~ohnson, Nickens, Robers NAYS: None ~ Completion of construction of Back Creek Fire station Mr. Hodge presented the staff report explaining that the funds will be used for sleeping quarters and that the volunteers have raised the majority of the funds and completed framing. Mr. Hodge requested an appropriation of $25,261 to complete the proj ect. Following discussion of the issue, the ~--- ~------ ~--- 82 5 . December 4, 1990 - --- board members requested more information before taking action. They asked for further details on the scope of the project and a list of other stations do not have sleeping quarters. Supervisor Nickens moved to refer the request to the 1991 budget process. supervisor McGraw offered a substitute motion to defer action on the request until December 18, 1990, and that staff bring back more cost information and a list of those fire stations that do not have sleeping quarters. The motion carried . by the following recorded vote: AYES: supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ continuation of customer Service Proqram Mr. Hodge announced he will find the funds to continue this program within the current budget and would not request an additional appropriation. Marilyn Rigby, Customer Service Coordinator, updated the board members on activities of the Customer Service Resource Committee. Supervisor Nickens moved to receive and file the . report. The motion carried by unanimous voice vote. ~ Druq Rehabilitation Proqram Matchinq Grant Mr. Hodge recommended denial of the matching grant because there is a similar program in place now and state funding for the program in future years is unlikely. He also felt that 826 - DøcømbQr 4, 1990 the program would put additional work on the staff at this time. Supervisor Nickens moved· to reject the grant. The motion carried by the following recorded vote: AYES: Supervisors McGraw, Johnson, Nickens, Robers NAYS: Supervisor Eddy ~ Purchase of vehicles for Sheriff's Deoartment Mr. Hodge presented the report, requesting $60,000 to purchase up to six vehicles for the Sheriff's Office. He advised that 11 vehicles have accumulated over 100,000 miles, and the new pOlice-type vehicles would cost $12,865 each. Supervisor Nickens pointed out that the Sheriff's Department has three spare vehicles at this time and Sheriff Kavanaugh has two vehicles assigned ~o him. These vehicles could be reassigned and it may not be necessary to order six vehicles. In response to a question from Supervisor Johnson, Mr. Hodge explained that pOlice-type vehicles are four-wheel drive heavy suspension type vehicles. Supervisor Nickens moved to refer the request to the 1991-92 budget process. Supervisor Eddy offered a substitute motion to defer the request until a vehicle report is available for board members and that the report reflect vehicles which would be suitable to be reallocated to the Sheriff's office. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens 1327 ,~ December 4, 1990 - IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES Supervisor Johnson moved to approve first reading and . setting of the public hearing on December 18, 1990 for the following rezoning ordinances. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance to amend the 1985 Roanoke county ComDrehensive Plan bv incorDoratinq into the Dlan the analysis. conclusions and recommendations contained in the SeDtember 1990 Roanoke River Corridor StudY. ~ ordinance to rezone 0.67 acre from B-1 to B-2 to ODerate a restaurant. located at 7770 williamson Road. Hollins Maqisterial District. upon the Detition of Hollins Colleqe CorDoration. IN RE: FIRST READING OF ORDINANCES 1. Ordinance vacatinq a 25 foot riaht-of-wav known as "Dallas Road" shown on maD of otterview Gardens Subdivision. County Attorney Paul Mahoney presented the staff report. No one spoke on the ordinance. Supervisor Johnson moved to approve first reading of the ordinance. The motion carried by the following recorded . December 4, 1990 828 - - vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . ~ Ordinance vacatinq the eastern six foot oortion of a 12 foot oublic utility easement located on Lot 20. Block 10. Section 3. BeverlY Heiqhts North Subdivision. Mr. Mahoney presented the staff report. There was no discussion. Supervisor McGraw moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Ordinance extendina T the franchise of Cox Cable Roanoke. Inc. to ooerate a cable television system in Roanoke County for a oeriod of 60 days. Mr. Mahoney updated the board members on negotiations. He advised that federal regulations place severe restrictions on bidding out the franchise to other companies. Supervisor McGraw also advised that other companies are not interested in competing. Supervisor McGraw moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . IN RE: SECOND READING AND PUBLIC HEARING OF ORDINANCES ------~-_."----_._----_.__.,----_.~---_.__._-.. 82 9 December 4, 1990 - - ~ Ordinance amendina and reenactina Chaoter 4. Amusements. section 4-99. "Binqo Games and Raffles". of the Roanoke County Code. orovidina for an increase in the audit fee. Mr. Mahoney presented the staff report, explaining that the ordinance would increase the audit fee from 1% to 2% of the gross receipts and interest income on money received from bingo and instant bingo operations. Paul Whitmore, P. o. Box 538, Salem, representing the Moose Lodge spoke in opposition. He advised that the majority of the funds raised goes to charity and that the Moose Lodge already pays the largest audit fee in the County. Following discussion, Supervisor Nickens moved to continue the public hearing to December 18, 1990, and that staff provide more information including a list of all organizations who received raffle and bingo permits, the money collected for the permit and audit fees, and a comparison of those fees with other localities. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance amendinq and reenactinq Chaoter 21. Taxation of the Roanoke County Code to orovide for a reduction in the amount of oenalties for failure to file returns for Personal Prooerty taxes. . 0-12490-3 Mr. Mahoney presented the staff report, advising that the ordinance eliminates the minimum $10.00 penalty and imposes a - Decemher 4, I qqll 8.30 fee of 10% of the tax due. Supervisor Johnson moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None . ORDINANCE 12490-3 AMENDING AND REENACTING § 21-16, "RETURNS"; § 21-17, "WHEN DUE AND PAYABLE"; AND § 21-18, "PENALTY AND INTEREST ON DELINQUENCIES" OF ARTICLE II, TAXES ON TANGIBLE PERSONAL PROPERTY OF CHAPTER 21, TAXATION OF THE ROANOKE COUNTY CODE, TO PROVIDE FOR A REDUCTION IN THE AMOUNT OF THE PENALTY IMPOSED FOR THE FAILURE TO FILE RETURNS FOR TANGIBLE PERSONAL PROPERTY AND FOR THE FAILURE TO PAY ANY TANGIBLE PERSONAL PROPERTY TAX WHEN DUE, TO CLARIFY DUE DATES FOR PAYMENT, AND TO PROVIDE FOR AN EFFECTIVE DATE WHEREAS, Section 58.1-3516 of the Code of Virginia, 1950, as amended, authorizes the proration of personal property taxes by certain localities; and WHEREAS, by Ordinance No. 11-11-86-228, adopted on November 11, 1986, the Board of Supervisors provided for the proration of personal property taxes in Roanoke County; and WHEREAS, Section 58.1-3916 of the Code of Virginia, 1950, as amended, authorizes localities to provide for penalties and interest for failure to pay local taxes when due and penalties for failure to file a local tax return; and WHEREAS, it is the desire of the Board of Supervisors of Roanoke County to impose a penalty for failure to file returns and failure to pay taxes on tangible personal property; and . ----_._-------~_._--_._-._~._-,._---,.~_._--'--- . 83 1 2.. December 4, 1990 - WHEREAS, the first reading and public hearing of this ordinance was held on November 13, 1990; the second reading was held on December 4, 1990. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. Taxes on Tanqible Personal Prooertv of Chapter 21. Taxation be amended and reenacted to read and provide as follows: ARTICLE II. TAXES ON TANGIBLE PERSONAL PROPERTY Sec. 21-16. Returns. (a) Returns for tangible personal property, (except tangible personal property on motor vehicles, trailers and boats) tangible personal property employed in a trade or business and machinery and tools taxes shall be filed with the commissioner of the revenue on or before February 1 of the year for which the tax is to be assessed. Any person who shall fail to file such a return on or before February 1 of the year for which the tax is to be assessed shall, in addi tion to the tax to be paid, be assessed a penalty of ten (10) percent of the tax due or ten dollars ($10.00), \¡hichever i3 greater; pro·v·ided, hm;cver, that the penalty ahall in no ca3e exceed the amount of tax assessable. (b) Returns of tangible personal property on motor vehicles, trailers and boats with a situs within the County on January 1 shall be filed with the commissioner of the revenue on or before February 1, returns of tangible personal property on motor vehicles, trailers and boats which acquire a situs within 832 - December 4 1990 ~ the County or which has its title· transferred after January 1 shall be filed within thirty (30) days of the date on which situs is acquired or title transferred, of the year for which the tax is to be assessed. Any person who shall fail to file such return on or before the date due of the year for which the tax is to be assessed shall, in addition to the tax to be paid, be assessed a penalty of ten (10) percent of the tax due or tcn dollars ($10.00), uhichcvcr is grcatcr; provided, hm;eYv'cr, that the pcnalty shall in no caßc cxceed thc amount of thc tax aSßcDsùble. Sec. 21-17. When due and payable. (a) County taxes on tangible personal property (except tangible personal property on motor vehicles, trailers and boats) tangible personal property employed in a trade or business and machinery and tools for each year shall be due from and after January 1 and payable on or before May 31 during the year for which the same are assessed. (b) There shall be a personal property tax at a rate established each year by the board of supervisors on motor vehicles, trailers and boats (hereafter referred to in this section as "taxable property") which have a situs within the county on January 1 of each year and which acquire a situs within the county on or after January 2 of each year. When taxable property acquires a situs within the county on or after January 2, the personal property tax for that year shall be assessed to the owner prorated on a monthly basis for the portion of the tax year during which the taxable property has situs within the 83 3 December 4, 1990 = county. When taxable property with a situs in the county is transferred to a new owner within the county, the personal property tax shall be assessed to the new owner prorated on a monthly basis for the portion of the tax year during which the . new owner owns the taxable property. For purposes of proration, a period of more than one-half of a month shall be counted as a full month and a period of less than one-half of a month shall not be counted. For purposes of proration, the first through the fifteenth will be considered as the first half of the month, and the sixteenth to the end of the month will be considered the second half of the month. (c) When any taxable property loses its situs within the county after the tax day or after the day on which it acquires a situs or its title is transferred to a new owner, the taxpayer shall from that time be relieved from personal property tax on such tangible property and receive a credit toward taxable property newly transferred to the taxpayer, or a credit against personal property taxes outstanding against the taxpayer, or a refund of personal property tax already paid on a monthly prorated basis, upon application to the commissioner of the revenue, provided that application is made within three years from the last day of the tax year during which the taxable property lost situs or had its title transferred. The commissioner of the revenue shall make a reasonable effort to ascertain and notify any taxpayer entitled to a prorated refund of personal property taxes pursuant to this subsection. Relief 83 4 - uecemher 4, .l~~U - from the assessment of any personal property tax based upon loss of situs or acquisition of situs shall be based upon the property being legally assessed by another jurisdiction and such tax on the assessed property being paid. (d) County taxes on taxable property (tanqible personal property on motor vehicles, trailers and boats) which has a situs within the county on January 1 of each year shall be due and payable from and after January 1 and payable on or before May 31 durinq the year for which the same are assessed. ~fdt When any person, after January 1 or situs date, acquires a motor vehicle or trailer with a county situs, the tax shall be assessed on such taxable property for the portion of the tax year during which the new owner owns the taxable property and it has a situs in the county. The tax shall be due and owing within thirty (30) days after presentation or mailing of the bill from the treasurer, or May 31 of the tax year, whichever shall occur later. iflte+ An exemption from this tax and any interest or penalties arising therefrom shall b~ granted for any tax share or portion thereof during which the property was legally assessed by another jurisdiction and that such tax on the assessed property was paid. Sec. 21-18. Penalty and interest on delinquencies. (a) Any person who shall fail to pay any tangible personal property tax when the same is due shall be assessed and shall pay, along with such tax, a penalty of ten (10) percent of 83 5 December 4, 1990 - the amount of such unpaid tax or ten dollara ($10.00), \¡hicnever ia greater; provided, no\¡ever, that the penalty ahall in no case exceed the amount of tûx due. (b) In the event any tax on tangible personal property is not paid on or before the date the same is due, interest at the rate of ten (10) percent per annum, commencing July 1 or the first day of the month after the due date, whichever is later, of the year for which such tax was assessed, shall be assessed and collected on the principal of and penalties on such tax; provided, however, that, for the second and subsequent years of delinquency, such interest shall be at the rate established . pursuant to section 6621 of the u.s. Internal Revenue Code of 1954, as amended. 2. That this ordinance shall be in full force and effect for tax years from and after January 1, 1991. Any penalty imposed after the effective date of this ordinance for a previous tax year assessment shall be calculated based upon the provisions in effect for that tax year. On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: SECOND READING OF ORDINANCES ~ ordinance amendinq the Roanoke County Code by the addition of orovisions reaulatinq smokina for the County of 834:> - Decembêr 4, ~~~U Roanoke. 0-12490-4 Supervisor Eddy asked that publicity be sent out and businesses informed of the new ordinånce. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 12490-4 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF PROVISIONS REGULATING SMOKING FOR THE COUNTY OF ROANOKE, VIRGINIA WHEREAS, the adoption of this ordinance is authorized pursuant to the provisions of Sections 15.1-510 and 15.1-839, Code of Virginia, 1950, as amended; and of WHEREAS, the 1990 General Assembly for the Commonwealth Virginia adopted Sections 15.1-291.1 through 15.1- 291.11 of the Code of Virginia, to require the Commonwealth and every county, city and town to establish reasonable no smoking areas in its buildings, considering the nature of the use and size of the building; and granting every county, city, and town the authority to regulate smoking according to the guidelines provided by Sections 15.1-291.1 through 15.1-291.11, commonly known as the Virginia Indoor Clean Air Act. WHEREAS, the first reading and public hearing of this ordinance was held on November 13, 1990; and the second reading was held on December 4, 1990. BE IT ORDAINED by the Bo~d of Supervisors of Roanoke . 83 7 è~ December 4, 1990 - - County, Virginia, as follows: 1. That a new Article II, "Roanoke County Smoking Policy" of Chapter 3, "Air Pollution" of the Roanoke County Code is adopted and enacted as follows: ARTICLE II. ROANOKE COUNTY SMOKING POLICY Sec. 3-3. As used in this Article unless the context requires a different meaning: nBar or lounge area" means any establishment or portion . of an establishment where one can consume alcoholic beverages and hors d'oeuvres, but excluding any such establishment or portion of the establishment having tables or seating facilities where, in consideration of payment, meals are served. "Educational facility" means any building used for instruction of enrolled students, including, but not limited to, any day-care center, nursery school, public or private school, college, university, medical school, law school, or vocational school. "Health care facility" means any institution, place, building, or agency, required to be licensed under Virginia law, including, but not limited to, any hospital, nursing home, boarding home, adult home, supervised living facility, or ambulatory medical and surgical center. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. "Private work place" means any office work area which 83 £ - lJêCêInbêI: 4, .1 ~ ~ () - is not open to the public in the normal course of business except by individual invitation. "proprietor" means the owner or lessee of the public place, who ultimately controls the activities within the public place. The term "proprietor" includes corporations, associations, or partnerships as well as individuals. "Public conveyance" or "public vehicle" means any air, land, or water vehicle used for the mass transportation of persons in intrastate travel for compensation, including, but not limited to, any airplane, train, bus, or boat that is not subject to federal smoking regulations. "Public place" means any enclosed, indoor area used by the general public, including, but not limited to, any building owned or leased by the Commonwealth or any agency thereof of any county, city, or town, public conveyance or public vehicle, restaurant, education facility, hospital, nursing home, other health care facility, library, retail store of 15,000 square feet or more, auditorium, arena, theatre, museum, concert hall, or other area used for a performance or an exhibit of the arts or sciences, or any meeting room. "Restaurant" means any building, structure, or area, excluding a bar or lounge area as deTined in this chapter, having a seating capacity of fifty or more patrons, where food is available for eating on the premises in consideration of payment. "Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other 83 9 December 4, 1990 - lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind. "Theatre" means any indoor. facility or auditorium, open to the public, which is primarily used for the purpose of exhibiting any motion picture, stage production, musical recital, dance, lecture, or other similar performance. Sec. 3-4. County Buildinqs. The County of Roanoke shall provide reasonable no- smoking areas, considering the nature of the use and the size of the building, in any building owned or leased by the County of Roanoke or any agency thereof. Sec. 3-5. Smokinq Prohibited. It shall be unlawful for any person to smoke in any of the following places: 1. Elevators, regardless of capacity; 2. Common areas in an educational facility, including, but not limited to, classrooms, libraries, hallways, auditoriums, and public meeting rooms; 3. Any part of a restaurant designated as a"no- smoking" area pursuant to the provisions of this article; 4. Indoor service lines and cashier areas; and 5. School buses and public conveyances. Sec. 3-6. Requlations--Reasonable Desiqnated. No-Smokina Areas 84 0 - DuuumLuL 4, 1990 (A) The proprietors or person who manages or otherwise controls any building, structure, space, place, or area governed by this Article shall designate reasonable no-smoking areas, considering the nature of the use and size of the building, in the following places: 1. Retail and service establishments of 15,000 square . feet or more serving the general public, including, but not limited to, department stores, grocery stores, drug stores, clothing stores, and shoe stores; 2. Rooms in which a public meeting or hearing is being held; 3. Places of entertainment and cultural facilities, including, but not limited to, theaters, concert halls, gymnasiums, auditoriums, other enclosed arenas, art galleries, libraries, and museums; 4. Indoor facilities used for recreational purposes; and . 5. Other public places. (B) Smoking areas designated pursuant to Sec. 3-6 (A) shall be subject to the following conditions: 1. Designated smoking areas shall not encompass so much of the building, structure, space, place, or area open to the general public that reasonable no-smoking areas, considering the nature of the use and the size of the building, are not 84 1 -4 December 4, 1990 - - provided; 2. Designated smoking areas shall be separate to the extent reasonably practicable from those rooms or areas entered by the public in the normal use of the particular business or institution; and 3. In designated smoking areas, ventilation systems and existing physical barriers shall be used to minimize the permeation of smoke into no-smoking areas. However, this Article shall not be construed as requiripg physical modifications or alterations to any structure. Sec. 3-7. Reaulation of Smokinq--Restaurants. (A) Any restaurant having a seating capacity of fifty or more persons shall have a designated no-smoking area sufficient to meet customer demand. (B) In determining the extent of the no-smoking area, the following shall not be included as seating capacity: 1. Seats in any bar or lounge area of a restaurant, and 2. Seats in any separate room or section of a restaurant which is used exclusively for . private functions. Sec. 3-8. Exemotions. A. provisions of this Article shall not be construed to regulate smoking in the following areas: 1. Bars and lounge areas; 842 December 4, 1990 - 2. Retail tobacco stores; 3. Restaurants, conference or meeting rooms, and . public and private assembly rooms while these places are being used for private functions; 4. Office or work areas which are not entered by the general public in the normal course of business or use of the premises; 5. Areas of enclosed shopping centers or malls that are external to the retail stores therein, are used by customers as a route of travel from one store to another, and consist primarily of walkways and seating arrangements; and 6. Lobby areas of hotels, motels, and other . establishments open to the public for overnight accommodation. B. The provisions of this Article shall not be applicable within the limits of the Town of Vinton. Sec. 3-9. Private Emolover--Self Reaulation. Employers may regulate smoking in the pri vate work place as they deem appropriate under the following circumstances: (A) if the designation of the smoking and no-smoking areas is the subject of a written agreement between the employer and his employees, the provisions of the written agreement shall control such designation; aná (B) a total ban on smoking in any work place shall 8 4 3 '.. December 4, 1990 ~ only be enforced by the employer upon the affirmative vote of the majority of the affected employees voting, unless such ban is the subject of a contract of employment between the employer and the employees as a prior condition of employment. . The provisions of this Article shall not be construed to affect no-smoking policies established by employers prior to the adoption of this Article. Sec. 3-10. Postinq Reauirements. Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by this Article shall post signs stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No-Smoking section Available." Sec. 3-11. Penalties. A person who violates any provision of this Article may be subject to a civil penalty of not more than twenty five dollars ($25). No person shall smoke in a designated no-smoking area. Any person who continues to smoke in such area after being asked to refrain from smoking may be subject to a civil penalty of not more than twenty five dollars ($25). Sec. 3-12. Enforcement. The provisions of this Article shall be enforced by any department of the County duly designated by the County . - 84 f- - ueC'øm~er 4 19911 Administrator. Sec. 3-13. Construction. This Article shall not be construed to permit smokinq where it is otherwise prohibited or restricted by other applicable provisions of the law. Sec. 3-14. severability. The sections, paragraphs, sentences, clauses and phrases of this Article are severable, and if any phrase, clause, sentence, paragraph, or section of this Article shall be declared . unconstitutional or invalid by the valid judgement or decree of a court of competent jurisdiction, the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter shall remain valid. 2. That this ordinance shall be in full force and effect from and after January 1, 1991. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance to authori·ze acquisition of ~arcel of land adiacent to Bonsack Well No.1. 0-12490-5 There was no discussion. Supervisor Johnson moved to adopt the ordinance. The motion carried by the fOllowing recorded vote: 84 5 " December 4, 1990 ~ AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 12490-5 AUTHORIZING THE PURCHASE OF A PARCEL OF LAND ADJACENT TO BONSACK WELL NO. 1 LOCATED OFF CARSON ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, in order to meet State Health Department requirements a fifty (50) foot isolation distance is required around any public well; and WHEREAS, upon survey of Bonsack Well No. 1 it was determined that the required fifty (50) foot isolation distance had not been acquired; and WHEREAS, Mary A. Chambers, the owner of the lot adjacent to Bonsack Well No.1, has agreed to convey to the County a parcel of land containing 225 square feet. WHEREAS, the first reading of this ordinance was held on November 13, 1990; the second reading was held on December 4, 1990. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Mary A Chambers a parcel of land (a portion of Tax Map No. 50.01-1-7) containing 225 square feet adjoining the Bonsack Well No. 1 site in an amount not to exceed One Hundred Twenty-Five Dollars ($125.00), which shall be paid out of the current well drilling fund. Said property is to be added to and combined with the Bonsack Well & Booster Station (Tax Map No. 84 6 I JPr.pmhpr 4, .lY411 - 50.01-1-4) . 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as · to form by the County Attorney. On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None h Ordinance to authorize acauisition of parcel of land adiacent to Hidden Valley Well No.9. 0-12490-6 There was no discussion. Supervisor Johnson moved to adopt the ordinance. The · motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 12490-6 AUTHORIZING THE PURCHASE OF A PARCEL OF LAND ADJACENT TO HIDDEN VALLEY WELL NO. 9 LOCATED IN FAIRWAY FOREST ESTATES IN ROANOKE COUNTY, VIRGINIA WHEREAS, in order to meet State Health Department requirements a fifty (50) foot isolation distance is required around any public well; and WHEREAS, upon survey of Hidden Valley Well No. 9 it was · 84 7 ~ December 4, 1990 - determined that the required fifty (50) foot isolation distance had not been acquired; and WHEREAS, Daniel E. Eller Jr. and Helen H. Eller, the owners of the lot adjacent to Hidden Valley Well NO.9, have agreed to convey to the County a parcel of land containing 500 square feet. WHEREAS, the first reading of this ordinance was held on November 13, 1990; the second reading was held on December 4, 1990. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Daniel E. Eller Jr. and Helen H. Eller a parcel of land (a portion of Tax Map No. 66.04-1-10) containing 500 square feet adjoining the Hidden Valley Well No. 9 site in an amount not to exceed Two Hundred Thirty-Five Dollars ($235.00), which shall be paid out of the current well drilling fund. Said property is to be added to and combined with the Hidden Valley No.9 Well & Booster Station (Tax Map No. 66.04-1-38). 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Johnson to adopt ordinance, and carried by the following recorded vote: 848 December 4, 1990 AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ~ Ordinance authorizinq abandonment and reconveyance of a well lot located on the north side of Burlinqton Drive in the Burlinaton Heiqhts area of Roanoke County to Joseoh N. and Grace M. Nacklev. 0-12490-7 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None ORDINANCE 12490-7 AUTHORIZING ABANDONMENT AND RECONVEYANCE OF A WELL LOT LOCATED ON THE ¡NORTH SIDE OF BURLINGTON DRIVE IN THE BURLINGTON HEIGHTS AREA OF ROANOKE COUNTY TO JOSEPH N. AND GRACE M. NACKLEY WHEREAS, a certain parcel of real estate located in Roanoke County, Virginia, was conveyed by Joseph N. Nackley and Grace M. Nackley to the Board of Supervisors of Roanoke County, Virginia, for the specified purpose of use as a well lot; and WHEREAS, the donation of said parcel to the County was subject to the condition that the property would be reconveyed to . the Nackleys in the event that the County ceased to use the well located on the well lot as a source of water; and WHEREAS, the County has ceased to use the well located 84 9 December 4, 1990 - on this well lot and the subject parcel will no longer be used for this specified purpose. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the·provisions of § 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 13, 1990; a second reading was held on December 4, 1990; and 2. That pursuant to the provisions of § 16.01 of the Charter of Roanoke County, the remaining rights in the subject parcel of real estate are hereby declared to be surplus and the condition applicable to the property renders it unacceptable and unavailable for other public uses; and 3. That abandonment and reconveyance of the subj ect parcel, described as a well lot located on the north side of Burlington Drive (Tax Map No. 27.17-4-4) in the Burlington Heights area of the Hollins Magisterial District of Roanoke County, Virginia, to Joseph N. Nackley and Grace M. Nackely is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: . - 85 0 D~cemher 4, .l~~U AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: APPOINTMENTS ~ Grievance Panel Supervisor Nickens nominated R. Vincent Reynolds to a two-year term which will expire September 20, 1992. ~ Library Board Supervisor Robers nominated Leesa Dalton, Cave Spring Magisterial District, to serve another four-year term expiring December 31, 1994. h Recvclinq Advisorv Committee Supervisor Eddy nominated James Conner to serve as a business representative. IN RE: CONSENT AGENDA Supervisor Nickens moved to adopt the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 12490-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 85 1 .~ December 4, 1990 - - 1. that the certain·section of the agenda of the Board of Supervisors for December 4, 1990 designated as Item L- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Approval of Change in membership Transportation and Safety Commission in the 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals, Explore citizens Advisory Committee, Mental Health Services Community Services Board, Planning Commission, Recycling Advisory Committee. 3. Request for acceptance of Branderwood Drive into the Virginia Department of Transportation Secondary System. 4. Acceptance of water and sanitary sewer facilities serving Fairway Forest Estates, Section 1. 5. Acceptance of water and sanitary sewer facilities serving Mount Vernon Heights Lots 3-7, Block 8, Section 1. 6. Acceptance of water and sanitary sewer facilities serving Glade Hill Estates, Section 1. 7. Donation of drainage easement in connection with the Nelms Lane Drainage Project. 8. Donation of drainage and utility easements in connection with "North Park" from the Hobart Companies, Ltd. 9. Donation of drainage easements in connection with the Orchards Subdivision from F & W Community Development Corporation 10. Donation of sanitary.sewer easement in connection wi th the Edinburgh Green Addition from Edinburgh Square Foundation to the Board of Supervisors of Roanoke County. 2. That the Clerk to the Board is hereby 852 - DOCê!lll,,~l. 1, 1990 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 Nickens, and carried by · the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 12490-8.c REQUESTING ACCEPTANCE OF BRANDERWOOD DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Branderwood · Drive extending from the intersection of Branderwood Drive (Route 1960) and Summerset Drive (Route 1962), 0.19 miles to a cul-de- sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map\maps known as The Oaks in Branderwood, Section #4 Subdivision which map was recorded in Plat Book 11, Page 90, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 30, 1989 and that by reason of the recordation of said · 8 5 3 ~~ December 4, 1990 ~ map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Branderwood Drive and which is shmvn on a certain sketch accompanying this Resolution, . be, and the same is hereby established as a public road to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR EDDY: (1) Advised he attended the VDOT Round table Meeting with County Administrator Elmer Hodge; (2) Suggested that the board members not seek a salary increase in the 1991-92 budget; (3) Asked for an update from the County Attorney on the November 13 discussion on the number of dogs allowed at privates residences. Mr. Mahoney advised that the complainant is now in compliance with the ordinance by removing one dog. Another dog is less than six months old which is allowed under the ordinance. Mr. Eddy withdrew his November 13 motion asking to defer enforcement of the ordinance and asked the County ~ 85 4 DQaQllll,~n. .1, 1990 Attorney to research the number of dogs allowed in residences in other localities. SUPERVISOR JOHNSON: Announced that he did not agree with Supervisor Eddy's suggestio~ that a separate file be established for memoranda that are covered under the Freedom of Information Act. Mr. Mahoney presented an interpretation of FOI laws regarding information distributed to all board members. SUPERVISOR MCGRAW: (1) Announced that the Cable TV Negotiating Committee met on November 29 and there has been significant progress toward an agreement. They will continue meeting until agreement is reached; (2) Announced that the VACo/VML Task Force will meet December 12 in Charlottesville and that the VACo Executive Committee studying cooperation with VML will meet on December 9; (3) Asked that a request for a public hearing regarding a bias ban be .brought to the December 18 meeting. SUPERVISOR NICKENS: (1) Asked that a letter be sent to the Virginia Department of Transportation requesting that portions of Mt. Chestnut and portions of Raintree be included in the State System; (2) Asked that Halifax County's request for a resolution opposing the imposition of application fees on solid waste facilities be brought to the December 18 meeting and that information be included on whether the fees will be used to shorten the landfill application process; (3) Discussed dates for the Board of Supervisors retreat. There was board consensus to set the retreat for Friday, January 11, 1991 from afternoon . 85 5 ~ December 4, 1990 - 1== through the evening, and Saturday January 12, 1991 from morning through lunch. SUPERVISOR ROBERS: Expressed appreciation to parents and the Elks CLub for sponsoring two alcohol and drug free dances; (2) Announced he attended the Commonwealth Exhibit at Center in the Square and suggested notifying the schools that fees are being waived for this exhibit to encourage attendance. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion ca~ried by the following voice vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund IN RE: EXECUTIVE SESSION At 5: 30 P . m., Superv isor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 (a) (7) to discuss potential litigation (Dixie Caverns . landfill) and a legal matter pertaining to condemnation. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None December 4, 1990 85 6 - - IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12490-9 At 6:30 p.m. Supervisor Johnson moved to return to Open Session and adopt the Certification Resolution. The motion · carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None RESOLUTION 12490-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke · County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such pUblic business matters as were identified in the motion convening the executive meeting were · 85 7 December 4, 1990 - - heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None IN RE: APPROPRIATION OF FUNDS FOR DIXIE CAVERNS LEGAL FEES A-12490-10 Supervisor Eddy moved to adopt the staff recommendation to appropriate funds with the amount for legal fees limited to $10,000 and that the County Attorney bring to the Board a report on the PRP's. The motion carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Robers NAYS: Supervisor Nickens . IN RE: ADJOURNMENT At 6:35 p.m., Supervisor Johnson moved to adjourn. The ~otion carried by unanimous voice vote. m/J J /. / \ ...}f Ric ard~ ~ers, Chairman .