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HomeMy WebLinkAbout2/24/1998 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 RESOLUTION 022498-1 OF APPRECIATION TO WILTON B. " WEBB" JOHNSON FOR HIS SERVICE TO ROANOKE COUNTY AS A MEMBER OF THE ELECTORAL BOARD AND OTHER ROANOKE COUNTY COMMITTEES WHEREAS, in November 1989, Wilton B. "Webb" Johnson was appointed to the Roanoke County Electoral Board by the judges of the 23rd Judicial Circuit, and elected as vice chairman of the Board; and WHEREAS, Mr. Johnson was appointed to fulfill the unexpired term of his wife, May Winn Johnson who had passed away; and WHEREAS, during Mr. Johnson's tenure on the Electoral Board, the number of registered voters in Roanoke County increased by 8,000; the Central Absentee Precinct was established; and the "Motor Voter" law was implemented by the Commonwealth of Virginia; and WHEREAS, in addition to his service on the Electoral Board, Mr. Johnson also served on the League of Older Americans Advisory Council, being first appointed in 1986; and WHEREAS, Mr. Johnson continues to serve the citizens of Roanoke County through his appointment on January 27, 1998, to the Roanoke County Commission for Senior and Challenged Citizens; and WHEREAS, through his leadership and involvement in volunteer activities in Roanoke County, Mr. Johnson has enhanced the quality of life for it's citizens. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of all of the citizens of Roanoke County, does hereby extend sincere appreciation to WILTON B. "WEBB" JOHNSON, for his service to Roanoke County as a member of the Electoral Board until February 28, 1998, and for his active participation on other committees, commissions and boards; and FURTHER, the Board wishes Mr. Johnson an active, productive future, and expresses its pleasure that he will continue his outstanding volunteer contributions to the citizens of the County through his recent appointment to the Commission for Senior and Challenged Citizens. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 RESOLUTION 022498-2 SUPPORTING THE INCLUSION OF FRANKLIN COUNTY IN THE FIFTH PLANNING DISTRICT REGIONAL ALLIANCE UNDER THE 1996 VIRGINIA REGIONAL COMPETITIVENESS ACT WHEREAS, Section 15.1-1227.1 through Section 15.1-1227.5, Code of Virginia, as amended, permits counties, cities and towns within a planning district to establish a regional partnership for the purpose of encouraging local governments to exercise the options provided by law to work together for their mutual benefit and the benefit of the Commonwealth (known as the Regional Competitiveness Act); and WHEREAS, in 1997, the participating localities of the Fifth Planning District Commission established an alliance under the Regional Competitiveness Act, known as the Fifth Planning District Regional Alliance; and WHEREAS, the Fifth Planning District Commission has agreed to provide administrative staff and research support to the Alliance; and WHEREAS, the guidelines for Virginia's Regional Competitiveness program require that participating local governments within the region adopt a resolution of participation; and all participating localities must agree to having another locality join the Regional Alliance; and WHEREAS, on June 17, 1997, the Franklin County Board of Supervisors adopted a resolution to participate in both the West Piedmont Partnership and the Fifth Planning District Regional Alliance with any incentive funds received divided equally between the two alliances. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the participation of Franklin County, Virginia in the Fifth Planning District Regional Alliance provided that the funding base for Franklin County's population would be equally divided between the Fifth Planning District Regional Alliance and the West Piedmont Partnership; and FURTHER BE IT RESOLVED that copies of this resolution be forwarded to the Fifth Planning District Commission, the localities participating in the Fifth Planning District Regional Alliance, the Franklin County Board of Supervisors and the Virginia Department of Housing and Community Development. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Wayne Strickland, Executive Director, Fifth Planning District Commission J. Lee Osborne, Chairman, Fifth PDC Regional Alliance Virginia Department of Housing and Community Development Macon Sammons, Jr., Franklin County Administrator Participating Localities: Alleghany County Administrator Botetourt County Administrator Craig County Administrator Clifton Forge City Manager Salem City Manager Roanoke City Manager Vinton Town Manager K ACTION NO. A-022498-3 ITEM NUMBER: E — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 24, 1998 AGENDA ITEM: Request for approval to order police vehicles under the current state contract for delivery after July 1, 1998. COUNTY ADMINISTRATOR'S COMMENTS: J BACKGROUND: Police vehicles to be purchased under the state contract for the next fiscal year must be ordered prior to adoption of the 1998-99 budget, with delivery after July 1, 1998. Over the past several years, the Police Department has received approval from the Board of Supervisors to order the vehicles to minimize expenditures. SUMMARY OF INFORMATION: The Police Department will replace 10 police vehicles because of high mileage and poor mechanical condition making them no longer suitable for police service. The total cost is $198,480 with a cost per vehicle of $19,848. Although the state contract expires on April 30, 1998, the vendor for the state contract has indicated orders for police vehicles will not be accepted after March 31, 1998. To avoid an anticipated increase in cost per unit, the order needs to be placed prior to March 31, 1998. Board approval is required to encumber next year's funds during this fiscal year. The requested encumbrance is within the Department's target budget allocation. The vehicle replacement is consistent with the County policy and all vehicles being replaced meet or exceed the guidelines provided in the policy. FISCAL IMPACT: There is no additional fiscal impact since funds for the purchase of these vehicles are included in the Fiscal Year 1998-99 Police Department target budget. STAFF RECOMMENDATION: The staff recommends approval to order the vehicles and the funding commitment to facilitate the purchase of vehicles. SUBMITTED BY: APPRO D: R. Lavinder Elmer C. Hodge Chief of Police County Administrator cc: File J. R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison _ x Denied ( ) ordering vehicles, amended by Harry Johnson _ x Received ( ) C. Nickens that local Ford dealerships McNamara _ x Referred ( ) have opportunity to underbid the State Minnix x To ( ) contract _ Nickens x cc: File J. R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance A-022498-4 ACTION NO. ITEM NO. - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 1998 AGENDA ITEM: Initiation of Spot Blight Abatement Program in Roanoke County -CQUNTY ADMTNTSTRATOR'3 COMMENDS: Recommend approval of this process on a case by case basis. In each case we will determine the cost of removal of deteriorated buildings and offer the means of collecting expenses from the property owners. We have at the present time a case where this process needs to be initiated. It is an unsightly and dangerous building on Route 220 near the County line. A number of abandoned and deteriorated buildings exist throughout Roanoke County. Although relatively small in number, and scattered in different locations, these blighted properties can pose a health and safety hazard for the citizens of the county. Many of these properties are unsecured. Property owners near these buildings are not only concerned with the aesthetics of the abandoned properties, but also with the use of these properties by unauthorized persons. When abandoned properties are discovered, County staff have attempted to work with property owners to correct the health and safety violations and improve the aesthetics of the property. Because Roanoke County has not adopted the property maintenance provisions provided for in the building code, our historic success has been largely contingent on the owner of the property being willing to voluntarily remove or secure the deteriorated building and improve the property. In the more difficult cases, property owners can not be found, or the properties are being administered by out-of-state trustees who have little to no incentive to invest in or improve the property. The staff has reviewed the State Code and has found authority for a program to address these abandoned and blighted properties. R P 2 The Code of Virginia provides a tool for localities to use to improve or remove these blighted properties. Section 36.49.1:1 of the Code outlines a process and legal authority. A three step process is outlined. In summary the process is as follows: 1. The County would make a determination that the property is blighted and notify the property owner by certified mail of the location and condition of the blighted property, giving the property owner 30 days to present an acceptable plan to alleviate the blighted condition. 2. If a plan is not submitted, or is not acceptable to the County, the County Administrator would request that the Planning Commission hold a public hearing to make findings and recommendations on the blighted status of the property. The Commission's recommendations would contain a plan for the repair or disposition of the property. The property owner would be notified of the date and time of the public hearing and of the resultant Commission's recommendation. 3. Upon receipt of the Commission's recommendation, the Board of Supervisors may hold a public hearing to affirm, modify or reject the Commission's recommended action. Again , the property owner is notified of all scheduled hearings and actions. If the Board of Supervisors accepts or approves an action to alleviate the blight, the Board may authorize and direct County staff to take whatever corrective action is necessary. State law does not provide for the County to recoup its cost through liens on the blighted property, however clear authority exists for the County to exercise its powers of eminent domain to acquire the property, abate the blight, and dispose of the property, recovering costs associated with the abatement. Each blighted property would have a specific alleviation cost based upon the nature and extent of the blight, and the recommended actions to correct the problem. The staff would estimate the direct cost of implementing each plan, and would include those costs in the Commission recommendation to the Board. The cost of implementing the plan could be a factor in — 3 deciding to proceed with the abatement. Funds for any specific plan would need to be appropriated at the time of the adoption of the plan and the directive to proceed. Staff recommends as follows: 1. That the Board authorize the staff to use this legislation to correct and remove blighted properties in the County Respectfully Submitted, Terrance H r ngton, AICP Directo of Pl nning and Zoning Approved, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix to approve Harrison _ x _ Denied () program Johnson _ x _ Received () McNamara _ x _ Referred () Minnix _ x To ( ) Nickens _ x _ cc: File Terrance L. Harrington, Director, Finance Paul M. Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 ORDINANCE 022498-5 RESCINDING ORDINANCE 011398-9 AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE LOCATED ON STATE ROUTE 779 (CATAWBA) FROM THE COMMONWEALTH OF VIRGINIA WHEREAS, Ordinance 011398-9 authorized the acquisition of certain real estate located on State Route 779 (Catawba) from the Commonwealth of Virginia for the purpose of promoting economic development and protecting valuable environmental resources; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Ordinance 011398-9 be, and hereby is rescinded, and that the $110,000 appropriated therein be, and hereby is, reappropriated to the Unappropriated General Fund. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Melinda J. Cox, Economic Development Specialist Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance John W. Birckhead, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 ORDINANCE 022498-6 AMENDING ORDINANCE 121697-8 AUTHORIZING THE CREATION OF, CONSTRUCTION OF, AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, RICHLAND HILLS DRIVE WATER PROJECT WHEREAS, Ordinance 121697-8 authorized the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project; and WHEREAS, this ordinance authorized and approved the payment, upon certain terms and conditions, by the property owners in the Project Service Area who elect to participate on or before March 16, 1998; and WHEREAS, one of these terms and conditions requires "a minimum down payment of $1,500"; and WHEREAS, several of the property owners who have elected to participate have requested that this minimum down payment be waived and that they be allowed to finance the entire amount ($4,500) for a maximum of 10 years at an interest rate of 8% per annum. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 121697-8 authorizing the creation of, construction of, and financing for a local public works improvement project, Richland Hills Drive Water Project, be, and hereby is amended to provide that the property owners in the Project Service Area who elect to participate on or before March 16, 1998, may do so under the terms and 1 conditions set out in Ordinance 121697-8 except for the condition requiring a minimum down payment of $1,500, all other terms and conditions as set out in Ordinance 121697-8 to remain in full force and effect. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: '�V• 424zC';J Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 1998 ORDINANCE 022498-7 ACCEPTING THE DONATION OF APPROXIMATELY THREE (3) ACRES OF REAL ESTATE FROM THE COMMONWEALTH OF VIRGINIA, BY ITS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, TO ROANOKE COUNTY, SAID REAL ESTATE LOCATED NORTH AND WEST OF THE CATAWBA FIRE STATION (.894 ACRE PARCEL, TAX MAP NO. 7.00-1-29) OFF VIRGINIA SECONDARY ROUTE NO. 698 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading on this ordinance was held on February 10, 1998; and a second reading was held on February 24, 1998. 2. That the conveyance of this real estate by donation from the Commonwealth of Virginia, by its Department of Mental Health and Mental Retardation to Roanoke County for expansion of the site of the Catawba Fire Station located off Virginia Secondary Route No. 698 is hereby accepted. Said real estate is more particularly described as a 3.171 - acre parcel of real estate as generally shown on a "Plat of Survey showing 3.171 acres for Roanoke County Board of Supervisors located in Catawba Magisterial District, Roanoke County, Virginia" surveyed 12/10/97, revised 1/22/98, prepared by LMW, P.C., Engineer- ing, Architecture, Surveying, and attached to this ordinance. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. 1 On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 'OV. Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections Chief Rick Burch, Fire & Rescue 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 RESOLUTION 022498-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I, CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for February 24, 1998, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Acceptance of water and sanitary sewer facilities serving Cedar Hill Subdivision. 2. Acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts. 3. Acceptance of increased funding for the Victim -Witness Program grant from the Virginia Department of Criminal Justice Services. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1 A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections Brent Robertson, Budget Manager Diane D. Hyatt, Director, Finance Skip Burkart, Commonwealth's Attorney 2 ACTION # A -0224989-8.a 0224989 8.a ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 1998 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Cedar Hill Subdivision COUNTY ADMINISTRATOR'S COMMENTS: y,�c �v SUMMARY OF INFORMATION: The Developers of Cedar Hill Subdivision, Cedar Hill Development Company, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by LMW, P.C. entitled Cedar Hill, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $146,700 and $ 24,700 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Cedar Hill subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Gary Roberts , P.E. Utility Directo APPROVED: Z4,1_1 Elmer C. Hodge County Administrator FM ------------------------------- ---------------------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L Johnson to approve Harrison _ x — Denied () Johnson — x — Received () McNamara — x — Referred () Minnix — x — To ( ) Nickens — x — cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections — I RETURN TO: ROANOKE COUNTY ATTORNEY'S OFFICE THIS CHATTEL DEED, made this day of , 19 98 , by and between: Cedar Hill Development Co. , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: Page 1 of 4 rim As shown on the plan entitled Cedar Hill , made by LMW. P.C. and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 19 Page 2 of 4 Developer: WITNESS THE FOLLOWING signatures and seals: State of: Virginia County/.� of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: I' day of J 19 , �r � a By: -f,�; . tet r� tk Its s d"e .� Duly a orized officer Title on behalf of Notary Public My Commission expires: -s3 0 z 1.1.. iv l Page 3 of 4 Approved as to form: County Attorney State of- County/City of: Board of Supervisors of Roanoke County, Virginia By: Elmer C. Hodge County Administrator Virginia Roanoke , to wit: The foregoing instrument was acknowledged before me this: SEAL) , day of , 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. 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DI ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER FACILITIES UTILITY SERVING CEDAR HILL SUBDIVISION. DEPARTMENT 47 7 / % 7 IIn ASSY P -67'IYArER 5NOOur _W/ffiMPIAAAY BCOWOff \ \ / zoww Tec bsi»a4T ` Pruo er�!y Of Edmo.M P zbor.�y E \ \i \ �% .^P ROANOKE COUNTY ACCEPTANCE OF WATER AND SEWER FACILITIES UTILITY SERVING CEDAR HILL SUBDIVISION. DEPARTMENT 47 7 / % A -022498-8.b ACTION NO. ITEM NUMBER' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 1998 AGENDA ITEM: Acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts. COUNTY ADMINISTRATOR'S COMMENTS: ,/ ct SUMMARY OF INFORMATION: Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, (if full funding is approved) any donation the County makes to qualified art organizations in the valley. In the FY 1997-98 Budget, The Board of Supervisors approved an appropriation of $3,000 for the Arts Council of the Blue Ridge, $8,500 for Mill Mountain Theatre and $7,500 for the Roanoke Symphony Orchestra. Staff therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $4,500 for FY 1997-98. This amount is less than the maximum due to the budget cuts suffered by State agencies over the last several years. FISCAL EMPACT: Staff recommends dividing the $4,500 grant evenly between the Arts Council of the Blue Ridge, Mill Mountain Theatre and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: STAFF RECONEVIENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,500 to be distributed as indicated above. County VCA Organization Appropriation Grant Total Arts Council $ 3,000 $1,500 $ 4,500 Mill Mountain Theatre 8,500 1,500 10,000 Roanoke Symphony 7,500 J.500 9.000 19 000 4 500 23 500 STAFF RECONEVIENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,500 to be distributed as indicated above. Respectfully submitted, W. Brent Robertson Budget Manager Approved by, ; � � Elmer C. Hodge County Administrator FM _ ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison _ x _ Denied () Johnson _ x _ Received () McNamara x _ Referred () Minnix x _ To ( ) Nickens x cc: File Brent Robertson, Budget Manager Diane D. Hyatt, Director, Finance A -022498-8.c ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February24, 1998 AGENDA ITEM: Acceptance of Increased Funding for the Victim -Witness Program Grant from the Virginia Department of Criminal Justice Services COUNTY ADMINISTRATOR'S COMMENTS:- �. SUMMARY OF INFORMATION: Roanoke County has been awarded grant funding from the Department of Criminal Justice Services to continue assistance provided by the Victim -Witness program administered by the Commonwealth Attorney's office. This program provides and promotes sensitive treatment of the victims and witnesses of a crime and to minimize the inconvenience endured as a result of their involvement in a court prosecution. Funding is provided by both state and federal monies and administered at the state level by DCJS. This grant (and the related funding) has been awarded to the County for a number of years and allocation of revenue and expenditures have been included in the annual budget process. For FY1997-98, the state increased funding significantly to provide for a full time position to meet the growing demands of this program. Funding was increased from $5,373 to $37,858. Notification of this increase was not received until after approval of the FYI 997-98 budget. FISCAL IMPACT: There would be no fiscal impact to Roanoke County. 100% of the cost of this program is funded by federal ($30,287) and state ($7,571) funds. STAFF RECOMMENDATION: Staff recommends increasing appropriated revenue from the state in the amount of $32,485 (difference between current budget appropriation and actual award) and increasing the expenditure budget of the Victim -Witness Program by $32,485. Respectfully submitted, W. Brent Robertn Budget Manager Approve by, ,5('1' 14—,-) --- Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Bob L. Johnson to approve Harrison — x Denied () Johnson _ x _ Received () McNamara _ x _ Referred () Minnix _ x _ To ( ) Nickens _ x _ cc: File Brent Robertson, Budget Manager Diane D. Hyatt, Director, Finance Skip Burkart, Commonwealth's Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON FEBRUARY 24, 1998 RESOLUTION 022498-9 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 heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: _;v. Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 1998 ORDINANCE 022498-10 ENACTING SEC. 12-54.1. REGULATION OF PARKING FOR PERSONS WITH DISABILITIES AND AMENDING AND REENACTING SEC. 12-51. PENALTIES FOR PARKING VIOLATIONS SEC. 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. AND SEC. 12-59. PRESUMPTION IN PROSECUTIONS FOR PARKING VIOLATIONS. WHEREAS, the 1997 session of the General Assembly repealed § 46.2-1237, the enabling authority for the current county code section regulating handicapped parking and enacted a new Chapter 12.1, Parking for Persons with Disabilities, of Title 46.2 of the Code of Virginia, which provides authorization for local governing bodies to enact an ordinance which prohibits abuse of parking spaces reserved for persons with disabilities and to increase the penalty for violation of such ordinance to a maximum of $500; and WHEREAS, the Board of Supervisors recognizes the importance of protecting the rights of persons with disabilities to utilize parking spaces designated for them and, therefore, desires to exercise the authority granted to it under § 46.2-1242 B to make unlawful the improper use of parking spaces designated for those persons with disabilities and to increase the penalty for such unlawful use to the maximum permitted by state law; and WHEREAS, the Board of Supervisors further desires to exercise the authority granted to it under § 46.2-1244 to provide that the Roanoke County Police Department may establish and supervise volunteers to enforce violations of § 46.2-1242 and county code Sec. 12-54.1; and WHEREAS, the first reading of this ordinance was held on February 10, 1998; and 1 the second reading and public hearing for this ordinance will be held on February 24, 1998, after publication and notice as required by law. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-54.1, Regulation of parking for persons with disabilities of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be enacted as follows: SEC. 12-54.1. Regulation of parking for persons with disabilities. (a) It shall be unlawful for a vehicle not displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under § 46.2- 1241 or DV disabled parking license plates issued under subsection B of § 46.2-739, to be parked in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such disability in the vehicle. (b) The penalty for violation of this section shall be a fine of one hundred dollars ($100.00). (c) This ordinance may be enforced by the issuance of a summons or parking ticket for violation of the ordinance by a law-enforcement officer, trained auxiliary police officers serving in a unit established pursuant to subsection (e) of this ordinance, or by other uniformed personnel employed by the county to enforce parking regulation without E the necessity of a warrant's being obtained by the owner of any private parking area. (d) In any prosecution charging a violation of this ordinance, no violation of this ordinance shall be dismissed on the basis of the property owner's failure to comply strictly with the requirements for disabled parking signs set forth in § 36-99.11 of the Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk. (e) The Roanoke County Police Department is authorized to establish and supervise trained auxiliary police officers to enforce violations of this ordinance. (f) The provisions of § 46.2-1247, § 46.2-1248, § 46.2-1249, § 46.2-1250, § 46.2-1251, § 46.2-1252 and § 46.2-1253 of the Code of Virginia, 1950, as amended, are each incorporated by reference into this section and made a part thereof as if set out in full. 2. That Sec. 12-51. Penalties for parking violations., Sec. 12-54. Parking prohibited in specified places. and Sec. 12-59. Presumption in prosecutions for parking violations. be amended and reenacted as follows: Sec. 12-51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: Double parking ......................................... $15.00 Parking over allowed time ................................. 15.00 Parking improperly ....................................... 15.00 3 Unattended motor in operation ............................. 15.00 Parking in reserved space ................................. 15.00 Blocking traffic .......................................... 15.00 Parking within 500 feet of accident or area of emergency ......... 25.00 Parking in fire lane, in front of fire hydrant or fire or rescue building .................................... 50.00 Parking in designated space on county property ................ 15.00 Parking a tractor -trailer truck, semi -trailer, recreational vehicle, boat or utility vehicle on any public street in violation of section 12-52 .................................. 15.00 Any violation of this article not otherwise scheduled ............. 15.00 In addition to the imposition of such fines, any motor vehicle parked in violation of this section may be moved to a garage or parking lot for storage at the expense of the owner of such motor vehicle. Sec. 12-54. Parking prohibited in specified places. No person shall park or leave standing a motor vehicle in any of the following places, except when necessary to comply with the directions of a police officer or traffic - control device: (a) Within any intersection; (b) Within twenty (20) feet of an intersection; (c) Within five (5) feet of the entrance of any public or private driveway to any street, highway or other public way within the county; (d) Within fifteen (15) feet of a fire hydrant on public or private property or of the entrance to any building housing fire equipment, rescue squad equipment or 4 ambulances; (e) Within twenty (20) feet or upon any bridge, viaduct or railroad crossing; .- - --- - : - - -- :- - 00010011 -- -- -- - ---- -- ---- --- I-- ------- MRP- --- ---- --- - () At any location where, at the time, parking, standing or stopping is prohibited and official signs or other markers to that effect have been erected or installed and are visible to an ordinarily observant person; (#�) Along any street, highway, of other public way within the county or part thereof constituting a part of the route of a parade for which a permit has been granted under Chapter 14 of this Code. The chief of police shall have the authority to designate any parade route and to post signs to such effect and when such'signs are so posted, no person shall park or leave unattended any motor vehicle in violation thereof. Sec. 12-59. Presumption in prosecutions for parking violations. In any prosecution charging a violation of any provision of this article or any regulation or rule established pursuant hereto, proof that the vehicle described in the complaint, summons, parking ticket or warrant was parked in violation of such provision, together with proof that the defendant was, at the time of such parking violation, the registered owner of the vehicle, as required by chapter 6 (section 46.2-600 et seq.) of title ............................... 46.2 of the Code of Virginia, 1950 as amended, shall constitute in evidence a �` 5 rebuttable presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. 3. That this ordinance shall be in full force and effect from and after February 24, 1998. On motion of Supervisor Nickens to adopt the ordinance as amended by Supervisor McNamara to eliminate references to volunteers and insert trained auxiliary police officers instead, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors 2 cc: File Joseph B. Obenshain, Senior Assistant County Attorney Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance 0. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services William J. Rand, III, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 8