HomeMy WebLinkAbout9/24/2019 - Regular September 24, 2019
361
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The 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 September 2019. Audio and video
recordings of this meeting will be held on file for a minimum of five (5) years in the office
of the Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman North called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid,
Martha B. Hooker, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, Acting
County Attorney; Amy Whittaker, Public Information Officer
and Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman North requested the following changes: The name of the
Mitigation Plan was titled incorrectly in the Consent Agenda. The correct title should
read, “RESOLUTION ADOPTING THE SEPTEMBER 24, 2019 UPDATE OF THE
RONAOKE VALLEY-ALLEGHANY REGIONAL COMMISSION REGIONAL HAZARD
MITIGATION PLAN”
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Secondly, Kevin Hutchins, Treasurer for Roanoke County has asked that
the two Annual Reports on funds invested in the VML/VACO OPEN Pooled Trust be
removed from the agenda and placed on the October 8, 2019 Board Meeting.
County Administrator Daniel O’Donnell asked that the order of the Closed
Session items be changed to do the last one listed as the first one with the other two
following in the same order.
There were no objections.
IN RE: NEW BUSINESS
1. Resolution adopting the Concealed Handgun Permit Fee for
Roanoke County Residents for fiscal year 2020-2021 (Rebecca
Owens, Assistant County Administrator)
Ms. Owens outlined the request. Ms. Hooker would like to hear
discussion from staff about revenues that are generated from this particular permit.
There has been some discussion that it went directly to the Police Department. Ms.
Owens advised it was her understanding and there have been a lot of departments to
weigh in on background and history relative to the fee, but it is her understanding that
this fee has been in place since the mid 1990’s. Originally the fee included
fingerprinting that changes somewhere along the way in 2012. So, $50 has been the
fee all along. Of the $50, the Code Section references the Clerk’s Office shall charge a
fee of $10 for processing the application and the local law enforcement agency
conducting the background investigation can charge a fee not to exceed $35.00 to
cover the cost of conducting such investigation. Sometimes, those investigations, per
her understanding, can get a little complicated and it may have to be referred over to
the prosecutor’s office. Each one is reviewed on its own merit. Then, there is a fee, not
to exceed $5 for the State Police. They can charge for the processing, as we use the
State Police application. So, this has been in place since the 1990’s. We have
received that money and those funds do go to support the operations and the functions
of the various staff in the Police Department and the Clerk to the Circuit Court offices
are performing. Supervisor Hooker stated it essentially goes to General Fund. Ms.
Owens responded the Police Department and the Clerk’s Office are within the General
Fund.
Supervisor North asked about the background check that is done in Parks
and Recreation, he was involved in that several years ago, was about $28. What is the
true cost of the background check that our Police Department does for each
application? Are they using an outside vendor that charges x dollars. Ms. Owens
brought Assistant Chief Chapman to the podium and he advised the actual cost is by
staff. They utilize their own records division so it is based on their salaries. Supervisor
North asked Assistant Chief Chapman to verify that there was no third party, which
Assistant Chief Chapman confirmed.
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Supervisor Hooker then asked about the number and was 2,000 permits
annually correct. Ms. Owens responded in the affirmative. Supervisor Hooker asked if
it required dedicated staff for the process. Assistant Chief Chapman advised that in the
history of this, it required the Police Department to add additional staff. Supervisor
Hooker clarified that they originally hired additional staff to do this internally, but per Ms.
Owens, we do not have a system where this fee directly applies to; it goes to the
General Funds, which the Police Department is a part of. Ms. Owens advised any
change that is made to this fee could potentially impact the Police Department because
depending upon on who they actually have permit the background check, Staff law caps
that at $35. Now if Parks and Recreation are getting it for $28, then the likelihood is that
$35 is covering their costs. Assistant Chief Chapman confirmed.
Supervisor Peters stated he is looking for clarification. Staff is saying that
the Police Department, which we received some information from Chief Hall, which he
broke down. So, based on the numbers, at $35, which is coming to the Police
Department is what is generating the $50,000 in revenue. What is before the Board is
taking the permit price down to $25, which still dedicates $10 to the Police Department,
which in all actuality would be a reduction in revenue of about $36,000, not $50,000
because $10 of that is still going back to the General Fund? So, when you are saying
$50,000 that is based on the entire $35 and we are only looking at $25. Ms. Owens
advised form a Budget perspective and the way staff is looking at that, if we lower the
fee from $50 to $25, then the impact to the overall General Fund budget will be the
$50,000. So, we would just work within the revenues to determine how to address that
in the next budget process. Supervisor Peters stated he is a little confused, but the
email states that the $35 from each permit does into the Police Department budget and
is approximately $4,200 a month. He knows that $10 will stay there and it should not be
that much of an impact to the General Fund. He is just trying to get clarification. Ms.
Owens stated she does not have all the information in front of her. She is not sure they
are using 2,000 at the number of permits. Assistant Chief Chapman stated they looked
into the revenues they had received in the last fiscal year as well as within the last three
months of this fiscal year and the $4,200 is based on the current fiscal year. For the
last three months, has averaged $4,200 and the number that we have received. When
you look over the course of the entire fiscal year, we average about 2,000.
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Chairman North stated that is what was provided to the Board. Ms.
Owens clarified that was an average. Chairman North stated if you use the last fiscal
year as 2,000, and you are getting $35, it is really $70,000 and if you reduce it to $25
then that is $50,000 that would have to be found somewhere else to make up for the
process to continue and the Police Department to be funded. He thinks he asked the
question that Ms. Owens provided an answer to as to what the other municipalities in
the region are doing. While most are doing $50, there are three that are doing $40.
Can you tell the Board for the record what those three municipalities were? Ms. Owens
responded that she had provided to the Board that Roanoke City, Salem City,
Lynchburg City, Franklin County were all charging $50 and staff verified this by either
talking to someone at the locality or verifying it on their website. Montgomery County
and Bedford County are at $40. Bedford County was at $40, but it does look like
recently through Board action, reduce to $15 and would look at that over the next year.
Supervisor Hooker reiterated that was for a one-year commitment.
Chairman North stated the Code of Virginia sets the maximum at $50, is
that correct. Ms. Owens responded the Code of Virginia does indicate that $50 is the
maximum fee that can be charged.
Supervisor Peters asked for clarification by asking if you could buy a one-
year permit. Assistant Chief Chapman verified it is a five-year fee.
Chairman North stated they reduced the fee for one year to see how it
goes.
Supervisor Assaid asked Ms. Owens to remind the Board what our annual
budget is with Ms. Owens responded $196 million. So, close to $200 million and we are
squabbling over $50,000 or whatever the number is. In addition to that, we have year-
end surplus of $3.1 million this year. He finds it hard to believe that during the budget
process, we cannot find the $50,000 to supplement what the fee reduction is and give to
the Police. We should be really looking at ways to be able to support our Police officers
on a much grander scale by giving them salaries to be able to keep and retain them in
Roanoke County and that is something else we are going to need to talk about because
it is extremely important. He moved to approve this item.
Chairman North made a substitute motion to amend the previous motion
to reduce the fee to $40 rather than $25. Supervisor Radford seconded the motion.
Supervisor Assaid asked the County Attorney if he can make a substitute
motion, with Mr. Lubeck responding that since there is a second on the substitute
motion it would go to vote. If it does not pass, then it would return to Supervisor
Assaid’s motion. Supervisor Assaid then asked if Supervisor North’s should have asked
for a second on his motion with Mr. Lubeck responding in the negative.
RESOLUTION 092419-1 ADOPTING THE CONCEALED
HANDGUN PERMIT FEE FOR ROANOKE COUNTY RESIDENTS
FOR FISCAL YEAR 2020-2021
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WHEREAS, Section 18.2-308.03 of the Code of Virginia directs localities to
charge a fee for issuing concealed handgun permits, and states that such fees shall be
at least $10, but may not exceed $50; and
WHEREAS, the Clerk of the Roanoke County Circuit Court accordingly issues
concealed handgun permits to Roanoke County residents. Other localities issue permits
to their residents, and the Virginia State Police issues permits to out-of-state requestors;
and
WHEREAS, the County currently charges a fee of $50 to process a concealed
handgun permit application; and
WHEREAS, it is proposed that the fee for Roanoke County residents be lowered
from $50 to $40 for fiscal year 2020 - 2021.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia as follows:
1. The concealed handgun permit application fee for Roanoke County residents
is set at $40.
2. This resolution shall be effective on July 1, 2020, and shall continue through
the duration of the 2020 - 2021 fiscal year.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Hooker, Radford, North
NAYS: Supervisors Assaid, Peters
2. Resolution requesting the Roanoke Valley Transportation
Planning Organization to fund a list of projects for the Fiscal Year
2021-2026 Surface Transportation Block Grant Program (Megan
Cronise, Principal Planner)
Ms. Cronise provided a PowerPoint presentation, which is on file in the
Office of the Clerk to the Board of Supervisors. There was no discussion.
RESOLUTION 092419-2 REQUESTING THE ROANOKE VALLEY
TRANSPORTATION PLANNING ORGANIZATION FUND A LIST
OF PROJECTS FOR THE FISCAL YEAR 2021-2026 SURFACE
TRANSPORTATION BLOCK GRANT PROGRAM
WHEREAS, the Roanoke Valley Transportation Planning Organization reviews
applications for funding through the Surface Transportation Block Grant Program
(formerly Regional Surface Transportation Program) and makes recommendations for
project funding to the Commonwealth Transportation Board; and
WHEREAS, the Roanoke County Board of Supervisors supports the list of
projects for Surface Transportation Block Grant Program funding.
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia requests the Roanoke Valley Transportation Planning
Organization fund the following list of projects for the Fiscal Year 2021-2026 Surface
Transportation Block Grant Program:
1. Valleypointe Parkway Realignment
2. Route 419 Streetscape Improvements, Phase II (Starkey Road to Ogden
Road)
3. Hinchee Trail Parking Lot / Trailhead
4. Orange Market Park and Ride / Parking Lot Improvements
5. Old Cave Spring Road Intersection Improvements
6. Oak Grove Streetscape Improvements
7. Ogden Road Multimodal Improvements Scoping (Route 419 to Colonial
Avenue)
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
Supervisor Assaid stated that has in support of this resolution, however, he
totally disagreed with putting bicycles on Rt. 419. With all the commercial entrances, he
thinks we are going to see some sort of accident, probably more than one. He would
hate to see that, but he does support the motion.
3. Resolution supporting an application for $920,057.50 of matched
transportation funding through the Virginia Department of
Transportation (VDOT) Fiscal Year 2021 and Fiscal Year 2022
Revenue Sharing Program (Megan Cronise, Principal Planner)
Ms. Cronise reviewed the request for resolution. There was no
discussion.
RESOLUTION 092419-3 SUPPORTING AN APPLICATION FOR
$920,057.50 OF MATCHED TRANSPORTATION FUNDING
THROUGH THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FISCAL YEAR 2021 AND FISCAL YEAR
2022 REVENUE SHARING PROGRAM
WHEREAS, the Board of Supervisors reviewed the project identified in the
attached Roanoke County Revenue Sharing Program, Fiscal Year 2021 and Fiscal Year
2022 Project List, Designation of Funds; and
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WHEREAS, the Board of Supervisors desires to submit an application for an
allocation of funds of up to $920,057.50 through the Virginia Department of
Transportation Fiscal Year 2021 and Fiscal Year 2022 Revenue Sharing Program; and
WHEREAS, $920,057.50 is requested to fund the project identified in the
Roanoke County Revenue Sharing Program for Fiscal Year 2021 and Fiscal Year 2022.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports this application for
allocation of $920,057.50 through the Virginia Department of
Transportation Fiscal Year 2021 and Fiscal Year 2022 Revenue Sharing
Program.
2. If such funds are approved by the Commonwealth, the Board of
Supervisors will consider the required matching funding appropriation
during the Fiscal Year 2021 and Fiscal Year 2022 budget processes.
3. The Board of Supervisors hereby grants authority for the County
Administrator, or his designee, to execute project agreements for the
approved Revenue Sharing project for Fiscal Year 2021 and Fiscal Year
2022.
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Hooker, Radford, Peters, North
NAYS: Supervisor Assaid
Supervisor Assaid commented that he supported the original request at
the then estimated cost. Since that time, the estimated cost has significantly grown to a
level, which he will no longer support
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Balzer and Associates, Inc. to obtain a Special Use
Permit for a broadcasting tower (television tower) approximately
92 feet in height with an antenna approximately 53 feet in height
(total height approximately 145 feet) in an AG-3, Agricultural/Rural
Preserve, District on approximately 10.83 acres, located near the
8100 block of Honeysuckle Road, Windsor Hills Magisterial
District
Supervisor North’s motion to approve the first reading and set the second
reading and public hearing for October 8, 2019, was seconded by Supervisor Hooker
and approved by the following vote:
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AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
2. The petition of Lewis Gale Medical Center to rezone
approximately 1.44 acres from R-1, Low Density Residential
District, District to C-1, Low Intensity Commercial, District for a
medical office – free standing emergency room, located at 1423
West Ruritan Road, Hollins Magisterial District
Supervisor North commented there are some concerns that he has
and some citizens in his district have. For the record, he just wants to go on file to say
that the Certificate of Public Need (COPN) does not align with the plat that was filed by
the applicant and before the Planning Commission. He understands the Planning
Commission’s plat will take precedence over what is in the COPN filed with the State of
Virginia back in April. He understands there is a hearing in December at the State of
Virginia. There is also some concern about a geological study regarding shale rock and
any need to blast going to be determined and for the record, he has asked Peter
Lubeck, Count Attorney, to look into two or three items, which he will be reporting back
to him and he will share with the Board.
Supervisor North’s motion to approve the first reading and set the second
reading and public hearing for October 22, 2019, was seconded by Supervisor Hooker
and approved by the following vote:
AYES: Supervisor Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Resolution requesting that the Commonwealth Transportation
Board fund a Transportation Alternatives Set-Aside Program
project in Fiscal Years 2021 and 2022 for the Roanoke River
Greenway crossing underneath the Blue Ridge Parkway along
Highland Road (Route 618) (Doug Blount, Director of Parks,
Recreation and Tourism)
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Mr. Blount outlined the request for the resolution. Chairman North then
inquired if we were not getting the land that we can use to expand camping on, the land
that surrounds this area. Mr. Blount responded staff is currently working on the right-of-
way stage with the Roanoke River East Greenway, so they are working with multiple
landowners to be able to get not only easements, but discussing additional land
acquisition. There was no further discussion
Chairman North opened and closed the public hearing with no citizens to
speak on this item.
RESOLUTION 092419-4 REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD PROVIDE FUNDING FOR AN
ESTABLISHED TRANSPORTATION ALTERNATIVES SET-
ASIDE PROJECT FOR THE ROANOKE RIVER GREENWAY
CROSSING UNDERNEATH THE BLUE RIDGE PARKWAY
ALONG HIGHLAND ROAD IN THE VINTON MAGISTERIAL
DISTRICT OF ROANOKE COUNTY, VIRGINIA
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or State agency in order that the Virginia
Department of Transportation (“VDOT”) establish a Transportation Alternatives Set-
Aside project to be administered by Roanoke County; and
WHEREAS, the Commonwealth Transportation Board established a
Transportation Alternatives Set-Aside project that is being administered by Roanoke
County for the Roanoke River Greenway Crossing underneath the Blue Ridge Parkway
in fiscal years 2020 and 2021 (VDOT UPC Number 113356); and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Board of Supervisors requests that the
Commonwealth Transportation Board provide additional funding for construction of the
Roanoke River Greenway crossing underneath the Blue Ridge Parkway along Highland
Road (Route 618) on properties owned by the National Park Service, the Virginia
Department of Transportation, the Roanoke Valley Resource Authority and the Virginia
Recreational Facilities Authority.
2. That the Roanoke County Board of Supervisors hereby commits to
provide a minimum twenty percent (20%) matching contribution for this project and any
additional funds necessary to complete the project.
3. That the Roanoke County Board of Supervisors hereby agrees to enter
into a project administration agreement with VDOT and provide the necessary oversight
to ensure the project is developed in accordance with all State and Federal
requirements for design, right of way acquisition, and construction of a federally funded
transportation project.
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4. That the Roanoke County Board of Supervisors will be responsible for
maintenance and operating costs of any facility constructed with Transportation
Alternatives Set-Aside funds unless other arrangements have been made with VDOT.
5. That if the Roanoke County Board of Supervisors subsequently elects to
cancel this project, the Roanoke County Board of Supervisors hereby agrees to
reimburse VDOT for the total amount of costs expended by VDOT through the date
VDOT is notified of such cancellation. The Roanoke County Board of Supervisors also
agrees to repay any funds previously reimbursed that are later deemed ineligible for
such use by the Federal Highway Administration.
6. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator, or his designee, to execute project agreements for any
approved Transportation Alternatives Set-Aside projects for fiscal years 2021 and 2022.
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinances amending the Roanoke County Code:
(a) Ordinance amending Chapter 9 (Fire prevention), Article 3
(Virginia Statewide Fire Prevention Code, Section 9-21
(Amendments) of the Roanoke County Code (Peter Lubeck,
Acting County Attorney; Stephen G. Simon, Chief of Fire and
Rescue)
Mr. Lubeck advised there were no changes since the first reading. There
was no discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 092419-5 AMENDING CHAPTER 9 (FIRE
PREVENTION), ARTICLE 3 (VIRGINIA STATEWIDE FIRE
PREVENTION CODE), SECTION 9-21 (AMENDMENTS) OF THE
ROANOKE COUNTY CODE
WHEREAS, it is proposed that Chapter 9 (Fire Prevention), Article 3 (Virginia
Statewide Fire Prevention Code), Section 9-21 (Amendments) of the Roanoke County
Code be amended; and
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WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 9 (Fire Prevention and Protection), Article III (Virginia Statewide
Fire Prevention Code), Section 9-21 (Amendments) of the Roanoke County
Code be amended as follows (subsections not set forth below shall remain
without amendment):
Sec. 9-21. Amendments.
The Virginia Statewide Fire Prevention Code is hereby amended and changed
pursuant to section 27-97 of the Code of Virginia, 1950, as amended, and as authorized
by Chapter 1 of the Statewide Fire Prevention Code in the following respects:
(17) F-316.1, Cooking devices on or under balconies. Add section F-316.1 as
follows Open Flame Cooking Devices:
"No charcoal cooker, brazier, hibachi or grill, or any gasoline or other
flammable liquid of liquefied petroleum gas-fired stove, electric grills or
similar device shall be ignited or used on or under the balconies of any
apartment building, condominiums or similar occupancy which are
constructed of combustible materials. The management of such
occupancies shall notify its tenants in writing of this code requirement at the
time the tenant initially occupies the apartment and from time to time as
necessary to ensure compliance."
308.1.4, Charcoal burners and other open-flame cooking devices shall not
be operated on combustible balconies or within 10 feet of combustible
construction, with the exception of one and two family dwellings.
(20) Fire hydrant placement and flow standards. The purpose of this section is to
determine the placement of fire hydrants for fire protection to premises for
facilities, buildings or portions of buildings in accordance with § 5087.1 et
seq. of the Statewide Fire Prevention Code (SFPC) within the county. It
applies to all major subdivisions (as defined in chapter 29,- subdivisions of
the County Code), new construction, renovations that require a site plan, or
changes in occupancy use of facilities or buildings, and which are required
to connect to a "water system" as provided in chapter 22 of the County
Code. This subsection shall serve as the method of determining the
required fire flow in accordance to the statewide fire prevention code SFPC
§ 5087.3, and authority for this policy is granted by § 5087.5.1 of the
statewide fire prevention code SFPC.
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In areas of the county where connection to a “water system” is not required
(as set forth in chapter 22 of the County Code), and a facility, building, or
portion of a building is constructed or moved into the jurisdiction, or, where
the current water system is not capable of supplying the required demand,
an alternative method of providing fire flow shall be used, subject to
approval by the fire marshal (See SFPC 507.1). Such alternative method of
providing fire flow shall be based upon a nationally recognized standard or
model code. In order to obtain approval for such a modification (pursuant to
Section 106.5 of the SFPC), a written request, with any supporting
documentation, shall be submitted to the fire marshal. In order to qualify for
approval, a modification request must meet the spirit and intent of the SFPC
and must assure the public’s health, welfare, and safety.
Acceptable standards or model codes include, but are not limited to:
Insurance Services Office, Inc. – Guide for Determination of Needed Fire
Flow
International Wildland-Urban Interface Code
National Fire Protection Association (NFPA) 1142 – Standard on Water
Supplies for Suburban and Rural Fire Fighting
Appendices B and C of the SFPC
NFPA 24 – Standard for the Installation of Private Fire Service Mains and
Their Appurtenances
a. Minimum water main sizes:
1. Fire hydrants shall not be installed on lines less than eight (8)
inches in diameter. No plantings or erection or other obstructions
shall be made within a four-foot radius of any fire hydrant. The
surface shall be level within this same radius. Detailed design
calculations may be submitted for review and approval by the fire
marshal, the Western Virginia Water Authority (WVWA), and the
Town of Vinton if the proposed development is within the town's
east county utility service area to substantiate line sizes other than
as specified above.
2. For residential districts only, detailed design calculations may be
submitted for review and approval by the fire marshal, the Western
Virginia Water Authority (WVWA), and the Town of Vinton if the
proposed development is within the town's east county utility
service area to substantiate line sizes other than as specified
above. In any case, the minimum line size acceptable shall be six-
inch. For all designs, the published "C" factor shall be reduced to
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new pipe "C" factor minus ten (10). This reduced "C" factor shall be
used to reflect more accurately the future flow in aged pipe.
b. Fire hydrant locations:
1. In residential areas, hydrants shall be located at street intersections
and at intermediate locations where necessary, as determined by
the fire marshal's office. In no case shall the distance between the
fire hydrants, measured along the centerline of accessible streets,
be greater than one thousand (1,000) feet.
2. Within one hundred (100) feet of any standpipe or sprinkler system
fire department connection, where those systems are required in
buildings. Must be located on an approved street/access road.
Hydrant must be within twenty-five (25) feet of street/approved
access road. Elevation of street/access road and elevation of
hydrant must not have more than a five (5) percent grade. No
physical barriers allowed between access road and hydrant.
3. As required by the following schedule, as given by use group, the
distance shall be measured to the most remote part of the structure
the hydrant will serve.
Use Groups, Virginia Uniform Statewide Building Code
A-1, A-2 300 feet
A-3, A-4, A-5, B, E, M 350 feet
F-1, F-2, H-1, H-2, H-3, H-4, H-5, I-1, I-2, I-3, I-4, S-1, S-2, R-1, R-2 includes
250 feet
town houses
500
R-3, R-4, R-5, U and all single family detached dwellings
feet*
1000
Change of Occupancy (Existing Building)
feet
*Measured along centerline of street to the center of front property
line for single-family detached dwellings only.
4. All hydrants shall be a minimum of fifty (50) feet away from
buildings other than single-family detached dwellings. The location
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of all new and existing hydrants that are to serve the property shall
be shown on the plans.
c. Water system design: Water systems shall be designed to
adequately supply normal and peak demands for all customers
as required by the Western Virginia Water Authority (WVWA) or
the Town of Vinton in the east county utility service area. If the
WVWA's regulations do not apply, then any water system or
lines required by this policy for the installation of a fire hydrant
or for fire flows shall maintain a pressure of not less than
twenty-five (25) pounds per square inch at all points of delivery,
without reducing the service to existing customers below the
foregoing requirement, and shall have adequate capacity to
deliver not less than the fire flows listed below, for a minimum of
two (2) hours, with a residual pressure of not less than twenty
(20) pounds per square inch to at least one (1) point within two
hundred fifty (250) feet of each building to be served or
proposed to be served by an extension.
1. Peaking factors and demands for design:
i. Peak hour factor: 4.
ii. Maximum day factor: 2.5.
iii. Average day factor: 1.
iv. Residential demand per equivalent residential
customer (ERC): 0.5 gallon per minute
v. Industrial or commercial demands shall be based upon
best engineering judgment.
2. Fire flow requirements for various use groups and land
uses:
i. Residential single-family/duplex:
A. Single-family residential property with over one
hundred (100) feet between buildings - five
hundred (500) GPM.
B. Single-family residential property with thirty-one to
one hundred (100) feet between buildings - seven
hundred fifty (750) GPM.
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C. Single-family, single-story, residential property with
eleven (11) to thirty (30) feet between buildings -
one thousand (1,000) GPM.
D. Single-family, one and one-half (1½) story
residential property with eleven (11) to thirty (30)
feet between buildings - one thousand (1,000)
GPM.
E. Single-family, two-story residential with eleven (11)
to thirty (30) feet between buildings - one
thousand five hundred (1,500) GPM.
F. Single-family, residential property with less than
eleven (11) feet between buildings - one thousand
five hundred (1,500) GPM.
ii. Multi-family/Commercial/Industrial.
A. R-1, R-2, R-3, and R-4 up to two and one-half
stories (2½) - one thousand five hundred (1,500)
GPM.
B. R-1, R-2, R-3, and R-4 with three (3) stories or
more - two thousand (2,000) GPM.
C. I-1, I-2, I-3, and I-4 with three (3) stories up to two
(2) stories - one thousand seven hundred fifty
(1,750) GPM.
D. I-1, I-2, I-3, and I-4 with three stories or more - two
thousand two hundred fifty (2,250) GPM.
E. All A, B, and E, and U use occupancies up to two
(2) stories - two thousand (2,000) GPM.
F. All A, B, and E, and U use occupancies three (3)
stories or more - two thousand five hundred
(2,500) GPM.
G. All F, H, M, and S use occupancies up to twenty
thousand (20,000) square feet - two thousand five
hundred (2,500) GPM.
H. All F, H, M, and S use occupancies over twenty
thousand (20,000) square feet - two thousand
seven hundred fifty (2,750) GPM.
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376
Exceptions: The required fire flow may be reduced by a
maximum of fifty (50) percent if proposed structures are
equipped with a sprinkler system that is installed in accordance
with chapter 9. of the Virginia Uniform Statewide Building
Code, and NFPA 13 for Commercial (NFPA 13R for
residential). The required fire flow reduction shall not allow the
total fire flow to fall below a flow of five hundred (500) GPM for
residential and seven hundred fifty (750) GPM for
commercial/multi-family.
In areas of mixed-use development, the higher fire flow shall
govern. Fire flows indicated above are for all major subdivisions
(as defined in chapter 29. "subdivisions" of the County Code),
new construction, renovations that require a site plan, or
changes in use of facilities or buildings. Where size and scope
of the development exceeds these requirements, additional flow
shall be provided in accordance with ISO (insurance services
organization) requirements as reviewed by the fire marshal.
e. Paint scheme and color coding of hydrants:
1. Fire hydrants will have two (2) classifications, public and
private. Public hydrants will be in the public right of way
and maintained by the Western Virginia Water Authority or
the Town of Vinton in the east county utility service area.
Private hydrants will be on private property and will fall
under the responsibility of the business owner for the
maintenance. To help identify the two (2) types of fire
hydrants, the following colors have been assigned to the
barrels of the fire hydrants. Please note that the color of
the bonnet will be determined by the flow rates and can be
found in section 103.01-B.
i. Public fire hydrants will be identified by a silver colored
barrel.
ii. Private fire hydrants will be identified by a white colored
barrel.
2. Color of the bonnet will be determined by the flow rate of
the hydrant. This color designation will be the same on
both private and public fire hydrants.
i. Black bonnet - 0 to 249 GPM.
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377
ii. Red bonnet - 250 - 499 GPM.
iii. Orange bonnet - 500 - 999 GPM.
iv. Green bonnet - 1,000 - 1,499 GPM.
v. Blue bonnet - 1,500 GPM and up.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
(b) Ordinance amending Chapter 13 (Offenses-Miscellaneous),
Article I (In General) of the Roanoke County Code (Peter
Lubeck, Acting County Attorney; Howard B. Hall, Chief of
Police)
Mr. Lubeck advised there were no changes since the first reading. There
was no discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 092419-6 AMENDING CHAPTER 13 (OFFENSES –
MISCELLANEOUS), ARTICLE 1 (IN GENERAL) OF THE
ROANOKE COUNTY CODE
WHEREAS, it is proposed that Section 13 (Offenses – Miscellaneous), Article 1
(In General) of the Roanoke County Code be amended; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Section 13 (Offenses – Miscellaneous), Article 1 (In General) of the
Roanoke County Code be amended as follows (sections not set forth below shall
remain without amendment):
ARTICLE I. - IN GENERAL
Sec. 13-2. -– Reserved.Assault and battery.
Any person who commits a simple assault or assault and battery within the county shall
be guilty of a Class 1 misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
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378
Cross reference— Penalty for Class 1 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-57.
Sec. 13-4. - Discharge of firearms or any similar gun or device, generally.
(a) It shall be unlawful for any person to shoot or discharge any firearm, or any other
similar gun or device within the limits of the county, except when lawfully hunting in
accordance with the fish and game laws of the state or when safely engaged in target
practice or when lawfully and safely engaged in shooting upon a range or gallery which
has been properly licensed or approved or when shooting in a match conducted in
accord with article III of chapter 4 of this Code.
(b) Any person violating this section shall be guilty of a Class 1 misdemeanor. In
addition, the court in which the case is prosecuted may, in its discretion, confiscate the
firearm, gun or device in question.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
performance of their duties.
(Code 1971, § 11-10; Ord. No. 082311-1 , § 1, 8-23-11)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10.; shooting birds in bird
sanctuaries, § 5-4.
State Law reference— Authority of county to prohibit discharge of firearms, air guns,
etc., Code of Virginia, § 15.2-1209.
Sec. 13-4.1. - Pneumatic guns.
(a) As used in this section, "pneumatic gun" means any implement, designed as a gun
that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun"
includes a paintball gun that expels by action of pneumatic pressure plastic balls
filled with paint for the purpose of marking the point of impact.
(b) Pneumatic guns may be used at facilities approved for shooting ranges, or on or
within private property with permission of the owner or legal possessor. Use thereof
must be conducted with reasonable care to prevent a projectile from crossing the
bounds of the property. "Reasonable care" means that the gun is being discharged
so that the projectile will be contained on the property by a backstop, earthen
embankment, or fence. The discharge of projectiles across or over the bounds of
the property shall create the rebuttable presumption that the use of the pneumatic
gun was not conducted with reasonable care. Minors may use such implements
only under the following conditions:
(1) Minors under the age of sixteen (16) must be supervised by a parent,
guardian, or other adult supervisor approved by a parent or guardian and
shall be responsible for obeying all laws, regulations, and restrictions
governing the use thereof.
(2) Minors sixteen (16) years of age and older must have the written consent of a
parent or guardian and shall be responsible for obeying all laws, regulations
and restrictions governing the use thereof.
(3) Training of minors in the use of pneumatic guns shall be done only under
direct supervision of a parent, guardian, junior reserve officers training corps
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379
instructor, or a certified instructor. Training of minors above the age of sixteen
(16) may also be done without direct supervision if approved by the minor's
instructor, with the permission of and under the responsibility of a parent or
guardian, and in compliance with all requirements of this section. Ranges and
instructors may be certified by the National Rifle Association, a state or
federal agency that has developed a certification program, any service of the
Department of Defense and similar groups approved by the chief of police, or
any person authorized by these authorities to certify ranges and instructors.
(4) Commercial or private areas designated for use of pneumatic paintball guns
may be established and operated for recreational use in areas where such
facilities are permitted by the county's zoning ordinance. Equipment designed
to protect the face and ears shall be provided to participants at such
recreational areas, and signs must be posted to warn against entry into the
paintball area by persons who are unprotected or unaware that paintball guns
are in use.
(c) A violation of this section shall constitute class 3 misdemeanor.
(Ord. No. 082311-1 , § 2, 8-23-11)
Cross reference— Penalty for Class 31 misdemeanor, § 1-10; shooting birds in bird
sanctuaries, § 5-4.
State Law reference— Authority of county to prohibit discharge of firearms, air guns,
etc., Code of Virginia, § 15.2-1209915.4.
Sec. 13-5. -– Reserved.Shooting in, along or near roads or streets.
(a) No person shall shoot any firearm in or along any road or within one hundred (100)
yards thereof, or in a street of any town in the county, whether the town is incorporated
or not.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
discharge of their duties.
(Code 1971, § 11-9)
Cross reference— Penalty for Class 4 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-286.
Sec. 13-5.1. - Transporting a loaded rifle or shotgun.
(a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun
or loaded rifle in any vehicle on any public street, road or highway in the county.
(b) Any violation of this section shall be punished by a fine of not more than one
hundred dollars ($100.00).
(c) This section shall not apply to duly authorized law enforcement officers or military
personnel in the performance of their lawful duties, nor to any person who reasonably
believes that a loaded rifle or shotgun is necessary for his personal safety in the course
of his employment or business.
(Ord. No. 42892-8, § 1, 4-28-92)
State Law reference— Authority, Code of Virginia, § 18.2-287.1. 15.2-915.2
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380
Sec. 13-5.2. - Prohibiting hunting or trapping near primary and secondary
highways.
(a) It shall be unlawful to hunt, with a firearm, any game bird or game animal while the
hunting is on or within one hundred (100) yards of any primary or secondary highway in
the county.
(b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet
of the shoulder of any primary or secondary highway in the county. This shall not
prohibit such trapping where the written permission of the landowner is obtained.
(c) Any violation of this section shall be punished as a Class 3 misdemeanor.
(d) For purposes of this section, the terms "hunt" and "trap" shall not include the
necessary crossing of highways for the bona fide purpose of going into or leaving a
lawful hunting or trapping area.
(Ord. No. 42892-8, § 1, 4-28-92)
Cross reference— Penalty for Class 3 misdemeanor, § 1-10.
State Law reference— Authority, Code of Virginia, § 29.1-526.
Sec. 13-5.3. - Prohibiting hunting near public schools and county, town or
regional parks.
(a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a
loaded firearm, within one hundred (100) yards of any property line of any public school
or of a county, town or regional park.
(b) Any violation of this section shall be punished as a Class 4 misdemeanor.
(c) This section shall not be enforced on lands within a national or state park or forest,
or wildlife management area.
(Ord. No. 42892-8, § 1, 4-28-92)
Cross reference— Penalty for Class 4 misdemeanor, § 1-10
State Law reference— Authority, Code of Virginia, § 29.1-527.
Sec. 13-5.4. -– Reserved. Prohibiting possession of loaded firearms in certain
cases.
(a) It shall be unlawful for any person under the age of eighteen (18) to carry or have in
his possession a loaded firearm while in any public place or upon any public highway.
(b) This section shall not apply to a person (i) in his own home or curtilage thereof, (ii)
acting at the time in lawful defense of persons or property, (iii) engaged in lawful
hunting, nor (iv) engaged in marksmanship practice at established ranges.
(c) Any violation of this section shall be punished by a fine of not more than one
hundred dollars ($100.00), and the weapon may be forfeited to the commonwealth
pursuant to the provisions of Code of Virginia, section 18.2-310.
(Ord. No. 42892-8, § 1, 4-28-92)
State Law reference— Authority, Code of Virginia, § 18.2-287.3.
Sec. 13-5.5. - Urban archery hunting season.
Archery deer hunting is permitted within the county limits by licensed hunters during an
approved state department of game and inland fisheries urban archery season. In
addition to the urban archery season, archery deer hunting is also allowed during the
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381
early archery deer season, the general firearms deer season, and the late archery deer
season. Licensed archery deer hunters must abide by all applicable sections of the
state code and state hunting regulations (including bag limits and tagging/checking
requirements). It shall be unlawful and a Class 41 misdemeanor for any person, while
hunting deer during the county's archery season, to violate any of the following
additional county restrictions:
(1) Any person discharging a bow shall, at all times, while engaged in such activity,
have in his possession written permission from the landowner(s) to discharge such a
weapon on his premises.
(2) No person shall discharge a bow from, over or across any street, sidewalk, alley,
near primary or secondary highways, roadway, or public land or public place or near a
public school and county/town/regional parks within the county limits or toward any
building or dwelling in such a manner that an arrow may strike it.
(3) No person may discharge a bow unless from an elevated position of at least ten (10)
feet above the ground.
(4) It shall be unlawful for any person to engage in hunting with a bow or to discharge
arrows from bows within one hundred (100) yards of a dwelling house or occupied
building not his or her own. A "bow" includes all compound bows, crossbows, longbows
and recurve bows that have a peak draw of less than ten (10) pounds or that are
designed or intended to be used principally as toys. The term "arrow" means a shaft-like
projectile intended to be shot from a bow.
(Ord. No. 121311-6 , § 1, 12-13-11)
Cross reference— Penalty for Class 4 misdemeanor, § 1-10
State law reference – Authority, Code of Virginia, § 29.1-526, 29.1-527, §29.1-528.2, §
18.2-286
Sec. 13-6. -– Reserved. Obstructing free passage of others.
Any person who, in any public place or on any private property open to the public,
unreasonably or unnecessarily obstructs the free passage of other persons to and from
or within such place or property and who shall fail or refuse to cease such obstruction or
move on when requested to do so by the owner or lessee, or agent or employee of such
owner or lessee, or by a duly authorized law-enforcement officer shall be guilty of a
Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful
picketing.
(Ord. No. 84-194, § 2, 11-13-84)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-404.
Sec. 13-8. -– Reserved. Petit larceny.
Any person who:
(1) Commits larceny from the person of another of money or other thing of value of less
than five dollars ($5.00); or
(2) Commits simple larceny not from the person of another of goods and chattels of the
value of less than two hundred dollars ($200.00);
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shall be deemed guilty of petit larceny, which shall be punishable as a Class 1
misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-96.
Sec. 13-9. -– Reserved. Shoplifting.
(a) Whoever, without authority, with the intention of converting goods or merchandise to
his own or another's use without having paid the full purchase price thereof, or of
defrauding the owner of the value of the goods or merchandise:
(1) Willfully conceals or takes possession of the goods or merchandise of any store or
other mercantile establishment;
(2) Alters the price tag or other price marking on such goods or merchandise, or
transfers the goods from one container to another; or
(3) Counsels, assists, aids or abets another in the performance of any of the above
acts;
shall, if the value of the goods or merchandise is less than two hundred dollars
($200.00), be deemed guilty of a misdemeanor. The willful concealment of goods or
merchandise of any store or other mercantile establishment, while still on the premises
thereof, shall be prima facie evidence of an intent to convert and defraud the owner
thereof out of the value of the goods or merchandise.
(b) Any person convicted for the first time of an offense under this section shall be
punished as for a Class 1 misdemeanor. \[1\]
(c) Any person convicted of an offense under this section, when it is alleged in the
warrant or information on which he is convicted, and admitted, or found by the jury or
judge before whom he is tried, that he has been before convicted in the Commonwealth
of Virginia for a like offense, regardless of the value of the goods or merchandise
involved in the prior conviction, shall be confined in jail not less than thirty (30) days nor
more than twelve (12) months.
(d) Any person who has been convicted of violating the provisions of this section shall
be civilly liable to the owner for the retail value of any goods and merchandise illegally
converted and not recovered by the owner, and for all costs incurred in prosecuting
such person under the provisions of this section. Such costs shall be limited to actual
expenses, including the base wage of one employee acting as a witness for the
prosecution and suit costs; provided, however, the total amount of allowable costs
granted hereunder shall not exceed two hundred fifty dollars ($250.00), excluding the
retail value of the goods and merchandise.
(e) A merchant, agent or employee of the merchant, who has probable cause to believe
that a person has shoplifted in violation of this section or section 13-8, on the premises
of the merchant, may detain such person for a period not to exceed one hour pending
arrival of a law-enforcement officer.
(f) A merchant or agent or employee of a merchant, who causes the arrest or detention
of any person pursuant to the provisions of this section or section 13-8, shall not be held
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civilly liable for unlawful detention, if such detention does not exceed one hour, slander,
malicious prosecution, false imprisonment or false arrest, if the detention takes place on
the premises of the merchant or after close pursuit from such premises by such
merchant, his agent or employee; provided that, in causing the arrest or detention of
such person, the merchant, agent or employee of the merchant had, at the time of such
arrest or detention, probable causes to believe that the person had shoplifted or
committed willful concealment of goods or merchandise.
(g) As used in this section, "agents of the merchant" shall include attendants at any
parking lot owned or leased by the merchant, or generally used by customers of the
merchant through any contract or agreement between the owner of the parking lot and
the merchant.
(Ord. No. 84-203, § 1, 11-27-84)
State Law reference— Similar provisions, Code of Virginia, §§ 18.2-103—18.2-106. See
§ 18.2-104 for conditions under which the above offense is a felony.
Sec. 13-11. -– Reserved. Unlawful entry on church or school property.
(a) It shall be unlawful for any person, without the consent of some person authorized
to give such consent, to go or enter upon, in the nighttime, the premises or property of
any church or upon any school property for any purpose other than to attend a meeting
or service held or conducted on such church or school property.
(b) Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
Cross reference— Penalty for Class 4 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-128.
Sec. 13-12. -– Reserved. Abandoned or discarded refrigerators and other airtight
containers.
(a) It shall be unlawful for any person to discard, abandon, leave or allow to remain in
any place any icebox, refrigerator or other container, device or equipment of any kind
with an interior storage area of more than two (2) cubic feet of clear space which is
airtight, without first removing the door or hinges from such icebox, refrigerator,
container, device or equipment.
(b) This section shall not apply to any icebox, refrigerator, container, device or
equipment which is being used for the purpose for which it was originally designed, or is
being used for display purposes by any retail or wholesale merchant, or is crated,
strapped or locked to such an extent that it is impossible for a child to obtain access to
any airtight compartment thereof.
(c) A violation of the provisions of this section shall constitute a Class 3 misdemeanor.
(Code 1971, § 11-8)
Cross reference— Penalty for Class 3 misdemeanor, § 1-10.
State Law reference— Similar provisions, Code of Virginia, § 18.2-319.
Sec. 13-13. - Unlawful disposal of rubbish or other waste material.
(a) No person shall dump or dispose of or leave or cause to be thrown any rubbish,
trash, garbage, litter or other waste substance or material in or upon and along any
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public property, including a street, road, highway, right-of-way, property adjacent to
such highway or right-of-way, park or alley in the county; nor shall any person dispose
of, dump or throw any rubbish, trash, garbage, litter or other waste substance or
material upon any private property without the written consent of the owner thereof or
his agent; nor shall any person dispose of, dump or throw any rubbish, trash, garbage,
litter or any other waste material or substance upon any lots or property in the county
which have not been selected, approved and designated as a garbage or trash disposal
area by the county.
(b) In the event a person violating this section is known to the county administrator or
his designee shall give the violator ten (10) days' written notice, by certified mail, to
clean up and remove such rubbish, tin cans, trash, garbage or other waste substance or
material. Should the violator not take appropriate action within such ten-day period, the
county administrator or his designee shall, by use of county employees or by employing
an agent of the county, have the rubbish, trash, garbage, litter or other waste substance
or material removed. The violator shall be liable for the charges and costs of such
removal. Nothing in this subsection shall be deemed to bar the prosecution of any
person for a violation of this section.
(c) A violation of any provision of this section shall constitute a Class 1 misdemeanor.
(Code 1971, § 14-1; Ord. No. 52687-11, § 1, 5-26-87; Ord. No. 12192-10.a, § 1, 12-1-
92)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10; solid waste generally, Ch.
20.
State Law reference— Unlawful deposit of waste material on highway or private
property, Code of Virginia, § 33.1-34633.2-802.
Sec. 13-13.1. - Authorized disposal of trash; unlawful scavenging or handling of
trash.
(a) For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
(1) Commercial waste: All solid waste generated by establishments engaged in
business operations other than manufacturing (see section 20-1).
(2) Scavenge: To handle, separate, rummage through, take from or otherwise
remove goods, articles, identifiable information or any other item of tangible
property.
(3) Trash: Personal property, business or personal records, household or
personal refuse, commercial waste, rubbish, garbage, litter, solid waste or
debris, placed in bags or receptacles for disposal, excluding yard waste, wood
or brush collection.
(b) All trash shall be disposed of in automated container receptacles provided by the
county in accordance with section 20-24 of this code or in privately owned receptacles,
bags or boxes.
(c) It shall be unlawful for any person to scavenge in the trash of another, and no
person, other than county employees acting within the scope of their employment, shall
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handle the contents of any receptacle containing trash which has been put therein for
removal by the county.
(d) No person, other than county employees, may place trash in county collection
vehicles., excepting a "free loader" as defined by section 20-1.
(Ord. No. 060998-3, § 1, 6-9-98)
Sec. 13-14. - Automobiles as Sleeping Quarters. Reserved.
It shall be unlawful and a Class 4 misdemeanor for any person to use an
automobile for sleeping quarters, in place of a residence, hotel or other similar
accommodations, within the County.
As used herein, “hotel” means any structure that is occupied or intended for
occupancy by transients for dwelling, lodging or sleeping purposes.
As used herein, “automobile” shall mean a vehicle that is powered by an internal
combustion engine or motor and able to carry one or multiple people. It shall include all
motor vehicles, excluding “recreational vehicle(s)” as defined in Section 30-28 of this
Code.
Sec. 13-15. - Transportation of waste material in open or uncovered vehicle.
Reserved.
(a) No person shall transport any rubbish, tin cans, trash, garbage or any other waste or
refuse substance or material in an open or uncovered vehicle along the streets, roads or
highways of the county, unless the load is covered, by a tarpaulin or other suitable
cover, in such manner as to contain the entire load.
(b) A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1971, § 14-2)
Cross reference— Penalty for Class 1 misdemeanor, § 1-10; motor vehicles and traffic,
Ch. 12.
State Law reference— Allowing escape of vehicle load, Code of Virginia, § 10-211.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Hooker, Radford, Peters, North
NAYS: Supervisor Assaid
(c) Ordinance amending Chapter 14 (Parades), Article I (In
General) Section 14-7 (Carrying of Dangerous Weapons by
Participants) of the Roanoke County Code (Peter Lubeck,
Acting County Attorney; Howard B. Hall, Chief of Police)
Mr. Lubeck advised there were no changes since the first reading. There
was no discussion.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
September 24, 2019
386
ORDINANCE 092419-7 AMENDING CHAPTER 14 (PARADES),
ARTICLE I (IN GENERAL), SECTION 14-7 (CARRYING OF
DANGEROUS WEAPONS BY PARTICIPANTS) OF THE
ROANOKE COUNTY CODE
WHEREAS, it is proposed that Chapter 14 (Parades), Article I (In General),
Section 14-7 (Carrying of Dangerous Weapons by Participants) be amended in order to
be in compliance with Section 15.2-915 of the Code of Virginia, which generally
prohibits localities from regulating the possession and carrying of firearms; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 14 (PARADES), Article I (In General), Section 14-7 of the
Roanoke County Code be amended as follows:
Sec. 14-7. – Carrying of dangerous weapons by participants.
No person participating in any parade shall carry any weapon which if concealed
would constitute a violation of section 18.2-308(A)(ii) through (iv) of the Code of Virginia,
or any weapon of like kind as those enumerated in section 18.2-308(A)(ii) through (iv),
or whose possession would otherwise constitute a violation of any section of title 18.2 of
the Code of Virginia, 1950, as amended. The chief of police shall retain the authority to
require that all participants in any parade submit to a pat-down search or other
procedure, including passage through a metal detector, to insure compliance with this
section prior to any parade. This prohibition shall not apply to members of any color
guard, drill team, military unit, lodge or any other persons by whom the display of
weapons during a parade would not constitute a threat to the maintenance of law and
order or the preservation of the public peace.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
(d) Ordinance amending Chapter 20 (Solid Waste), Article I (In
General), Section 20-1 (Definition) of the Roanoke County
Code (Peter Lubeck, Acting County Attorney)
Mr. Lubeck advised there were no changes since the first reading. There
was no discussion.
September 24, 2019
387
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 092419-8 AMENDING CHAPTER 20 (SOLID WASTE),
ARTICLE I (IN GENERAL), SECTION 20-1 (DEFINITIONS) OF THE
ROANOKE COUNTY CODE
WHEREAS, it is proposed that Chapter 20 (Solid Waste), Article I (In General),
Section 20-1 (Definitions) be amended in order to delete a reference to the County’s
discontinued pay loader waste-disposal program; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definitions) of
the Roanoke County Code be amended as follows (all definitions not set forth
below shall remain without amendment):
Sec. 20-1.- Definitions.
Pay loader: Dumpster-style trailer which may be reserved for a fee by county residential
customers for a specified period of time.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
2. The petition of Donald and Elaine Kepple to rezone approximately
4.6 acres from I-2, High Intensity Industrial, District to AR,
Agricultural/Residential, District for the construction of single
family dwelling, located at 6121 Peaceful Drive, Catawba
Magisterial District (John Murphy, Zoning Administrator)
Mr. Murphy outlined the petition.
Supervisor Hooker commented it looks like the Planning Commission did
their homework and she appreciates the fact that the petitioner reached out to the
nearest industrial landowner and there was no desire for this property.
Chairman North opened and closed the public hearing with no citizens to
speak on this agenda item.
September 24, 2019
388
Supervisor Radford commented he had looked at this as a developer and
this was good use of this land; best of luck.
ORDINANCE 092419-9 REZONING 4.6+/- ACRES FROM I-2
(INDUSTRIAL) DISTRICT TO AR (AGRICULTURAL/
RESIDENTIAL) DISTRICT LOCATED AT 6121 PEACEFUL
DRIVE, SALEM, IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, upon the petition of Donald and Elaine Kepple, property owners, to
rezone approximately 4.6 acres from I-2 (High Intensity Industrial) to AR (Agricultural/
Residential), located at 6121 Peaceful Drive, Salem Virginia, to construct a single family
residence; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 3, 2019; and
WHEREAS, the Planning Commission recommended approval of the petition;
and
WHEREAS, the first reading of this ordinance was held on August 27, 2019, and
the second reading and public hearing were held on September 24, 2019 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. The Board approves the rezoning requested by petition of Donald and Elaine
Kepple, property owners, to rezone the vacant parcel of land located at 6121
Peaceful Lane (Tax Map No. 072.02-02-03.04-0000) from I-2 to A/R
Agricultural/ Residential for purposes of constructing a single family
residence.
2. The Board finds that the proposed rezoning is consistent with the purpose
and intent of the County’s Comprehensive Plan and good zoning practice,
and will not be a substantial detriment to the community.
3. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district
map to reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
September 24, 2019
389
IN RE: CONSENT AGENDA
RESOLUTION 092419-10 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
24, 2019, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes – August 27, 2019
2. Resolution requesting the Planning Commission review a potential
amendment to Section 30-82-3 of the Roanoke County Zoning Ordinance,
regarding the sale of firearms as a home occupation
3. Request approving the donation of a Squad Truck to Vinton First Aid Crew
4. Resolution adopting the 2019 Update of the Roanoke Valley-Alleghany
Regional Pre-Disaster Mitigation Plan
5. Request to accept and allocate grant funds in the amount of $160,247 from
the National Highway Traffic Safety Administration for the Roanoke Valley
Driving under the Influence (DUI) task force selective enforcement grant
6. Request approving the donation of a Crown Victoria Sedan to the Town of
Vinton
7. Request to accept and allocate funds in the amount of $12,806.10 from the
Commonwealth of Virginia for the Library of Virginia's Records Preservation
Program
8. Resolution approving the County of Roanoke Emergency Operations Plan
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
RESOLUTION 092419-10.a REQUESTING THE PLANNING
COMMISSION REVIEW A POTENTIAL AMENDMENT TO
SECTION 30-82-3 OF THE ROANOKE COUNTY ZONING
ORDINANCE, REGARDING THE SALE OF FIREARMS AS A
HOME OCCUPATION
September 24, 2019
390
WHEREAS, § 15.2-915 of the Code of Virginia generally prohibits localities from
adopting or enforcing ordinances governing the purchase, possession, transfer,
ownership, carrying, storage or transporting of firearms, other than ordinances
expressly authorized by statute; and
WHEREAS, § 30-82-3 of the Roanoke County Zoning Ordinance prohibits the
sale of firearms as a home occupation; and
WHEREAS, Virginia’s Attorney General issues official opinions as part of the
duties of his office, pursuant to Section 2.2-505 of the Code of Virginia. Such opinions
are not “rulings” and do not create new law, nor do they change existing law. However,
such official opinions are entitled to a degree of deference by the courts of the
Commonwealth; and
WHEREAS, on August 23, 2019, the Attorney General opined that “a local
government has authority to enact a zoning ordinance regulating the location of
establishments that sell firearms, provided that such ordinance is for a permissible
purpose and is reasonably related to the governmental purpose it seeks to accomplish”;
and
WHEREAS, recognizing that the above-mentioned opinion of the Attorney
General supports the provision set forth in § 30-82-3 of the Roanoke County Zoning
Ordinance as valid and enforceable, yet further recognizing the nature and effect of the
Attorney General’s official opinions, the Board of Supervisors desires to refer this matter
to the Planning Commission, for study and recommendation, pursuant to Section 30-14-
1 of the County Code.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia as follows:
3. The Board refers this matter (the issue of whether to amend Section 30-82-3
of the Roanoke County Zoning Ordinance, to no longer prohibit the sale of
firearms as a home occupation) to the Planning Commission for study and
recommendation pursuant to Section 30-14 of the Roanoke County Code.
4. Pursuant to Section 30-14-1, the Planning Commission, in making a
recommendation to the Board, shall consider:
a. The need and justification for the change.
b. The relationship of the proposed amendment to the purposes of the
general planning program of the county, with appropriate consideration
as to whether the change will further the purposes of the Roanoke
County Zoning Ordinance and the general welfare of the entire
community.
c. Whether such amendment conforms to the general guidelines and
policies contained the County Comprehensive Plan.
September 24, 2019
391
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-092419-10.b
RESOLUTION 092419-10.c ADOPTING THE SEPTEMBER 24,
2019 UPDATE OF THE ROANOKE VALLEY-ALLEGHANY
REGIONAL COMMISSION REGIONAL HAZARD MITIGATION
PLAN
WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local
governments develop and adopt natural hazard mitigation plans in order to receive
certain Federal assistance; and
WHEREAS, a Pre-Disaster Mitigation Plan Committee comprised of
representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities
of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge,
Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study
the Roanoke Valley-Alleghany Region’s risks from, and vulnerabilities to, natural
hazards, and to make recommendations on mitigating the effects of such hazards on
the Roanoke Valley-Alleghany Region; and
WHEREAS, the efforts of the Pre-Disaster Mitigation Plan Committee members
and the Roanoke Valley-Alleghany Regional Commission, in consultation with members
of the public, private and non-profit sectors, have resulted in the development of the
Roanoke Valley – Alleghany Regional Commission Regional Hazard Mitigation Plan
including Roanoke County.
NOW, THEREFORE, BE IT RESOLVED, by the ROANOKE COUNTY BOARD
OF SUPERVISORS, that the Roanoke Valley-Alleghany Regional Hazard Mitigation
Plan dated September 2019 is hereby approved and adopted.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
A-092419-10.d
A-092419-10.e
A-092419-10.f
September 24, 2019
392
RESOLUTION 092419-10.g APPROVING THE COUNTY OF ROANOKE
EMERGENCY OPERATIONS PLAN
WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia
recognizes the need to prepare for, respond to, and recover from natural and manmade
disasters, and has a responsibility to provide for the safety and wellbeing of its citizens,
businesses, and visitors; and
WHEREAS, the Virginia Department of Emergency Management requires an
updated Emergency Operations Plan to be adopted by the County of Roanoke every four
years, and the plan adopted in 2019 has been completely reformatted and updated; and
WHEREAS, the County has established and appointed the County Administrator
as Director of Emergency Services and assigned the Coordinator of Emergency
Management position to the Fire and Rescue Department, who are tasked and
authorized to maintain and revise as necessary this document over the next four (4) year
period, or until such time be ordered to come before this board; and
WHEREAS, upon adoption by the Board of Supervisors, the newly revised plan will
be in full effect at the time of adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia does hereby adopt the updated Emergency Operations Plan dated
September 24, 2019, and grants it full operational authority.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
William Skaff of 4815 Farmington Place Court provided the following
comments: The local news media have reported that the Economic Development and
Planning Departments have about 12 future town centers in mind. Thus, the Board will
undoubtedly be voting again to initiate or facilitate density development. Today I will
discuss cultural implications. The Planning Department repeatedly reminds us that
Roanoke County is zoned 78 percent agricultural. This County-wide statistic, however,
does not justify replacing the natural with the urban at our front doors. Why, exactly, is
the agrarian, rural, rustic character of Roanoke County so important? Thoughtful people
have recognized over the course of Western Civilization that certain values, basic to
human life itself, are sustained by a life on the land. For Emerson and Thoreau in New
England it was the woods and the farm. For us, with Thomas Jefferson, these values
have been preserved by centuries of Southern agrarian life within our forested
mountains. These values include:
September 24, 2019
393
● Religion—the historic spirituality of humanity;
● Politics—in the high sense of civic duty;
● The arts, as humane culture;
● Family life—the bedrock of personal and social well-being;
● Hospitality and manners, as respect for others;
● Self-reliance and honor;
● Charity and community.
For example, where others would demand government programs for job training, we
vigorously support Goodwill through individual and corporate monetary and material
donations and purchases, as well as our churches and synagogues. These values are
fundamental to the Declaration of Independence and the Constitution. When Thomas
Jefferson wrote that “all men are created equal, endowed by their Creator with certain
unalienable rights,” he was capturing the origin of these values, believed by all of the
Founders, whether Christian or Deist—God as the Creator of nature, natural law
embedded in nature, and natural rights—those inalienable rights—deriving from natural
law. These values survive because our spirituality, the nature within us, responds to the
nature outside of us. It is the natural environment, when in adequate proportion to the
built environment, that anchors these values for the rest of us who are not farmers.
Thus, urbanization is not progress. True progress is preserving the balance between the
natural and built environments, especially at the local level, while the population and the
buildings increase.This is the heritage that town centers will systematically erode over
time, as they expand and proliferate, by transforming Roanoke County into a
predominantly urban area and withdrawing the natural environment from our lives.
Those who seek wide-ranging government control over our lives must first eliminate any
source of value beyond government itself.
Liz Reynolds of 934 Stonegate Drive, Salem, Virginia and is talking about
a piece of property she owns at 8744 Honeysuckle Road and Grace Terry who is talking
about another piece of property on Honeysuckle Road. First of all, Ms. Terry thanked
Mr. Radford, who met with her family on a Saturday morning before the Labor Day
weekend no less so that we could share with him some concerns they have about Poor
Mountain. There is about five (5) landowners that are effected right now by the
Mountain Valley construction and was has been happening since the end of July. In
going up to the mountain to check on our properties, she and her sister and family
members have run into a lot of things they are worried about and shared those with Mr.
Radford. A couple of things were not in the purvue of Roanoke County, like MVP
widening the road, which is a VDOT issue and we know that and have pursued that and
other problems that went with DEQ. We have gone down those avenues too, but the
thing they are worried about and requesting help from Roanoke County with is a safety
issue with us up there and we have run into what they done to the road has made it very
slick on the steep portions and in going up there one time and tryng to come down. It
September 24, 2019
394
had started to rain, it was very slick and her sister’s car was hydroplaning. We were
being followed by a convoy of big trucks, very closely, and there has been other
concerns about the speed of their vehicles on the roads and them running vehicles off
the road with their large vehicles. They actually ran a service vehicle, which she cannot
remember if it was Appalachian or Verizon, but it was one of those utilities. We did
request a meeting so that other community members could share their concerns,
however, what was proposed to us was a date that was six(6) weeks out in the future
and they have concerns that are immediate. We took the proposal of that date back to
the community at a small meeting and we could not come up with a consensus about
what to do, so we are basically here today to tell the Board that we are frozen in the
same position. We are feeling unsafe and we want to ask for this assistance now. So,
we are basically here to ask you what can be done, sooner than waiting six (6) weeks
out into the future to get our concerns out there. The community really did not have
another suggestion. We thought we would use this vehicle since it exists. Ms.
Reynolds noted they put a work space on her property and blocked it so we cannot get
to her business, which is a tower. She approached them and they moved some of the
equipment, unfortunately, she would have to drive in between their equipment on a
gravel road that is just huge. Her car will not do that. Their equipment is about twice as
big as this room and she does not want to drive in between them. For her, that is not
safe; she does not feel safe out there among construction equipment. She does not
have a hard hat. She needs some kind of help, especially after her driving down the
road and having a man follow her and looking behind and seeing five (5) trucks. When
she got down to the bottom of the hill, her car was hydroplaning and she was over to the
side as far as she could go and he is yelling at us that he is going to call the State
Police. She advised she was going slow because she was not safe. As a landowner,
she wonders what their options are.
Supervisor Radford thanked both ladies for coming to the meeting. He
commented that Mr. Caywood and he have been trying to reach out to MVP to do
something quicker than six (6) weeks, so we are still in that process by talking with them
and relaying your safety concerns, blocking your road, etc. So, as soon as they can get
some type of meeting arranged with MVP, Mr. Caywood and I will be getting back with
you. It will be quicker than six (6) weeks.
Ms. Terry added that we should add Willet Road to the request as they are
now using that road with large equipment.
Ms. Reynolds asked if they were supposed to report these incidents to the
police. She knows it is a non-emergency, but that is what she did after that day.
Chairman North advised they can call the non-emergency number at any
time, 24/7 and report anything concerning you are not comfortable with. Maybe Mr.
Caywood has some more commentary that you could talk with him about after the
meeting.
September 24, 2019
395
Supervisor Radford added as a follow-up, he and Mr. Caywood did go out
there. We met on a Saturday and did another visit.
IN RE: REPORTS
Supervisor moved to receive and file the following reports. The motion
carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
August 31, 2019
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of August 31, 2019
5. Accounts Paid – August 31, 2019
6. Annual Report to the Board of Supervisors on Funds Invested in
the VML/VACO OPEB Pooled Trust - Roanoke County
7. Annual Report to the Board of Supervisors on Funds Invested in
the VML/VACO OPEB Pooled Trust - Roanoke County Public
Schools
8. Statement of Treasurer's Accountability per Investment and
Portfolio Policy as of August 31, 2019
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North stated the Economic Development Department holding
an online marketing workshop on October 30, 2019, from 9:-11 a.m. at the South
County Library. This is a free workshop for entrepreneurs to promote and market their
businesses with modern technologies and marking strategies including social medical,
content creation and video production. You may contact 772-2185 or 853-1694 if you
are interested. While you there you can see “Pepper” the robot and tell “Pepper” hello.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the
preliminary and unaudited financial results for the fiscal year
ending June 30, 2019, for the County of Roanoke, Virginia (Laurie
Gearheart, Director of Finance and Management Services)
September 24, 2019
396
Mr. O’Donnell advised the purposes of today’s work session is to provide
a preliminary and unaudited year-end overview of the financial information for June 30,
2019. Mr. O’Donnell turned the meeting over to Ms. Gearheart and Steve Elliott, Budget
Manager. Mr. Elliott provided the PowerPoint presentation.
Supervisor North questioned the (437,756) and asked if it was due to tax
adjustments for veterans, widows, etc. Mr. Elliott responded it is primarily tax relief for
disabled veterans.
Chairman North commented the study on CORTRAN should benefit next
year.
Chairman North then asked about the business license tax; it went up ¾ of
a million. He asked if the BPOL was in that number. Mr. Elliott advised the threshold
was reduced from $100,000 to $125,000. Supervisor North then stated it also included
business license fees, which tells him that because of a strong economy, we also had a
pickup in increased business. Ms. Owens advised there should be some linkage further
on in the presentation.
Chairman North commented that we are waiting until after elections to
figure out our strategy on CSA with Senator Sutterlein. Mr. O’Donnell commented one
year does not make a trend, but at least it has leveled off. Chairman North stated some
of the leveling off is because they are capping the amount of increase per year and that
st
just went in July 1 and it will slow down the increases, some. Senator Newman had a
great suggestion to put this in the budget bill and when the budget passes, its passes.
Laurie Gearheart reviewed the fund balance financial policies.
Supervisor Peters asked Ms. Gearheart for details concerning the $1.3
million for the Town of Vinton. Ms. Gearheart responded $718,000 is the General
Government Fund and $600,000 is the Town of Vinton Gainsharing.
The work session was held from 4:20 p.m. until 4:57 p.m.
IN RE: CLOSED MEETING
At 4:00 p.m., Supervisor North moved to go into closed meeting following
the work session pursuant to the Code of Virginia Section 2.2-3711 A Section 2.2-
3711.A.5, Discussion concerning a prospective business or industry or the expansion
of an existing business or industry where no previous announcement has been made of
the business’ or industry’s interest in locating or expanding its facilities in the
community, namely a potential development in the Cave Spring area and Section 2.2-
3711.A.3, Discussion or consideration of the acquisition of real property for a public
purpose, or of the disposition of publicly held real property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of the
public body, namely Read Mountain Nature Preserve and Section 2.2-3711.A.3,
Discussion or consideration of the acquisition of real property for a public purpose, or of
the disposition of publicly held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the public body,
September 24, 2019 397
namely Explore Park
The motion was seconded by Supervisor Peters and carried by the
following recorded vote:
AYES: Supervisors Assaid, Hooker, Radford, Peters, North
NAYS: None
The closed meetings were held from 5:12 p.m. until 6:00 p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:00 p.m., Supervisor North moved to return to open session and adopt
the certification resolution.
IN RE: ADJOURNMENT
Chairman North adjourned the meeting at 6:01 p.m.
S bmi ted by: Approved by:
/Cr fie717k
De•orah C. Ja• Phil C. North
Chief Deputy Cle o the Board Chairman
September 24, 2019
398
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