12/17/1996 - Regular
December 17, 1996
837
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 17, 1996
The Board of supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
third Tuesday, and the second regularly scheduled meeting of the month
of December, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend Samuel W. Crews,
Coopers Cove Baptist Church.
The Pledge of Allegiance was
recited by all present.
æs
December 17, 1996
----..-.._,--------
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added two Executive Session Items pursuant
to 2.1-344 A (7) discussion of probable litigation, Vest property
condemnation; and 2.1-344 A (7) amendment to the Sewage Treatment
Plant with possible action concerning both items at the evening
session.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution of congratulations to Chip Sullivan for
being the first person from the Roanoke Valley to
qualify for the PGA tour.
Chairman Johnson announced that this item had been
moved to the evening session so that Mr. Sullivan and his family
could be present.
IN RE:
NEW BUSINESS
ÅL Resolution requesting approval by the virginia
Department of Transportation of the e~ansion of
existing gateway beautification sites and the
addition of one proposed gateway site.
(Terry
Harrington. Planning , Zoning Director)
R-121796-1
Mr. Harrington reported that the Board has funded a
program authorizing the design, planting and maintenance of
December 17, 1996 839
various gateway locations around the County. Staff is proposing
to expand and enhance six of the eight original gateway locations
and requesting one additional location on u. S. Route 11 at the
Botetourt County line. VDOT has requested that the County adopt
a resolution indicating that the County is responsible for the
cost and perpetual maintenance of the gateway areas.
In response to questions from Supervisor Eddy, Mr.
Harrington advised that funds for the gateways were included in
the budget and that VDOT is hesitant to allow community groups to
become involved in maintenance and only the Route 419jBrambleton
Avenue Triangle is maintained by a community group.
Supervisor Harrison requested that Route 460 at the
Montgomery County line be added to the program in the future.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-1 REQUESTING APPROVAL BY
THE VIRGINIA DEPARTMENT OF TRANSPORTATION OF
THE EXPANSION OF SIX EXISTING GATEWAY
BEAUTIFICATION SITES AND THE ADDITION OF ONE
PROPOSED GATEWAY BEAUTIFICATION SITE WITHIN
PUBLIC RIGHTS OF WAY IN ROANOKE COUNTY
WHEREAS, the Virginia Department of Transportation has
reviewed specifications for the design, installation, and
maintenance of existing highway median plantings and shall review
specifications for the design, installation, and maintenance of
all proposed highway median plantings at particular locations in
Roanoke County, and
WHEREAS, the Roanoke County Planning Commission
originally requested the establishment of the Gateway
840
December 17, 1996
-
Beautification project and endorsed its creation on February 7,
1995, and
WHEREAS, the Board of Supervisors of
first endorsed this project on February 13,
appropriated the amount of $18,000 to fund this
1996-1997 fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia requests that the
Virginia Department of Transportation approve the submitted
specifications, permit expansion of the existing landscaped
planting areas at locations 1 through 6 and permit a new
landscaped planting area at location 7 specified herein:
(1) U.S. 220 South of the Blue Ridge Parkway
(2) VA 419jTanglewood Mall southwest of the Roanoke
Cit.y Limits
VA 24 at the Blue Ridge Parkway
U.S. 460 at the Botetourt County Line
VA 311 at Interstate 81
VA 419 south of the Salem City Limits
U.S. 11 at VA 2010 southeast of Hollins College,
and
BE IT FURTHER RESOLVED that the Board of Supervisors of
Roanoke County hereby agrees to pay 100 percent of the total cost
for design, installation, and perpetual maintenance of this
project in lieu of a permit fee or continuous bond at the six
existing sites proposed for expansion and at one new proposed
Gateway Beautification location
On motion of Supervisor Johnson to adopt the
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
Roanoke County
1996 and has
project for the
(3)
(4)
(5)
(6)
(7)
h
Request from the Urban partnership
for Ss,OOO
appropriation
to continue County membership.
(Elmer c. Hodge. county Administrator)
A-121796-2
Mr. Hodge reported that Roanoke County first joined the
Urban Partnership in 1995 and a request has been received asking
that the County retain membership in 1997 at a cost of $5,000.
The organization plans to focus on increasing the state funding
for the Regional Competitiveness Act.
Mr Hodge advised that
December 17,1996
841
Roanoke County is supportive of the act and is active on a Fifth
Planning District Commission steering committee to develop a
regional partnership.
Supervisors Eddy and Minnix advised that. they supported
membership in the Urban Partnership because it demonstrates the
County's willingness to be involved in regional efforts.
Supervisors Johnson and Nickens felt that the Partnership would
not be effective and that funding could be better spent locally.
Supervisor Eddy moved to approve $5,000 funding from
Board Contingency Fund. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison
Supervisors Nickens, Johnson
.L. Request for approval of smith Gap Landfill Host
Community Fund Expenditure Plan. (John HUbbard,
Executive Director. Roanoke Valley Resource
Authority)
A-121796-3
Mr. Hubbard advised that the citizens in the Bradshaw
community have developed an improvement plan that proposed a
maximum $30,000 expenditure from the Host Community Improvement
Fund for needs at the Mason's Cove Fire Department, Mason's Cove
Rescue Squad and Mason's Cove Elementary School. These funds
would be financed by the Roanoke Valley Resource Authority as
842
December 17, 1996
plan.
AYES:
NAYS:
part of the permi t Condi tions and Operating Policies. He
advised that the Resource Authority had approved the plan on
November 28, 1996 and the Planning Commission recommended
approval on December 7, 1996.
Supervisor Harrison commended the neighborhood for its
willingness to spend the money outside of the landfill community.
In response to a question from Supervisor Eddy, Mr. Hubbard
explained that only Roanoke County has to approve the plan
because the conditions were part of the Special Exception Permit
approved by the Board.
Supervisor Nickens presented a history of the old
landfill on Rutrough Road where commitments to the residents in
Mayflower Hills community were not met. He advised that he would
bring back a request for improvements in that community soon.
Supervisor Harrison moved to approve the expenditure
The motion carried by the following recorded vote:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
~ Request for approval of change to Recycling Plan.
(Elmer C. Hodge. County Administrator)
A-121796-4
Mr. Hodge provided background information on recycling
in Roanoke County since October 1987. He advised that the Board
had asked staff to review the pilot programs and look at the
December 17, 1996
843
possibility of providing the services on a county-wide basis. He
advised the alternatives were: (1) Expand commingled recycling to
the entire County at a cost of $1. 34 million in capital and
$220,200 in annual operating costs; (2) Expand source separated
recycling to the entire County at a cost of $1 million in capital
and $347,000 in operating cost; (3) Investigate privatization of
drop off centers to be located throughout the entire County at a
cost of approximately $75,000 annually and $10,000 for an
information campaign; or (4) Work with Virginia Tech and the
Resource Authority to study regional commingled pickup to serve
the entire Valley.
Mr. Hodge advised that staff recommended Al ternati ve' 4
and that while the issue was being studied, to implement
Alternative 3.
There was discussion concerning the importance to
equalize the service County-wide, and provide assurances that
there would be adequate drop off boxes. Supervisor Eddy
suggested an independent study with continuation of the current
program until the study was complete. Supervisor Nickens
advised that he assumed any savings realized from the elimination
of the current program would go into the General Fund and not
remain within the department's budget.
Supervisor Nickens moved to approve Alternative #3 and
that staff work with the Roanoke Valley Resource Authority and
other governments to develop a regional approach. There was no
844
December 17, 1996
vote.
Supervisor Harrison made a substitute motion to
continue the present program and request that the Roanoke Valley
Resource Authority and other governments work towards a regional
solution with a report to be brought back in 90 days (second
meeting in March, 1997). The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Johnson
NAYS: Supervisors Harrison, Nickens
~ Request to use Public Private partnership Funds to
co~plete application for Phase II ISTEA Grant for
Hanging Rock Battlefield Trail. (Timothy Gubala,
Economic Development Director)
A-121796-S
Mr. Gubala reported that the Hanging Rock Battlefield
and Railway Preservation Foundation was awarded $549,000 by the
Virginia Department of Transportation to construct the Roanoke
Valley's first greenway. Construction on Phase I will begin in
the spring of 1997.
The Phase II application will include a bridge over
Mason's Creek, acquisition of the Brubaker house, the
preservation of the Norfolk-Southern coal pier and extension of
the trail north along Dutch Oven Road and south along Route 419.
Hill Studios can prepare the ISTEA application at a cost of
December 17, 1996
845
-
$3,500, and the Foundation is requesting that the County pay this
cost from the Economic Development Public Private Partnership
Fund.
Following discussion, Supervisor Harrison moved to
approve funding of $3,500 for the Phase II application and that
the contract with Hill Associates will not exceed $3,500. The
motion carried by the following recorded vote:
AYES:
Supervisors Eãdy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for January 28,
1997. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
ÅL Ordinance authorizing a special Use Permit to
allow a beauty shop in a residence, located at
6187 Bent Mountain Road. Windsor Hills Magisterial
District. upon the petition of Jean McDowell.
(Terry Harrington. Planning , Zoning Director)
~ Ordinance to rezone .73 acre from I-1C to C-2 to
allow operation of a retail furniture store.
located at 6024 Williamson Road. Hollins
Magisterial District. upon the petition of George
Jacob.
IN RE:
APPOINTMENTS
846
December 17, 1996
-
~ Blue Ridge community Services Board of Directors
Supervisor Eddy nominated Susan Cloeter to serve
another three year term which will expire December 31, 1999, and
that confirmation of this appointment be added to the Consent
Resolution.
IN RE:
CONSENT AGENDA
R-1;;1796-6
Supervisor
Johnson moved to
adopt the
Consent
Resolution with Item 5 added.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for December 17, 1996 designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Confirmation of Committee Appointment to the Blue
Ridge Community Services Board of Directors.
2. Adoption of the Drainage Maintenance Projects for
Fiscal Year 1996/97.
3. Donation of right-of-way from Dennis E. Phelps and
December 17, 1996
847
-
Sandra Phelps to the Board of Supervisors in
connection with the Pinkard Court Rural Addition
Road Project.
4. Donation of water line easements to the Board of
supervisors from Fralin and Waldron and Minh and
Su Dinh.
5. Confirmation of Committee appointment to the Blue
Ridge Community Services Board of Directors.
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 with the addition of Item 5, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Minnix: He wished staff and the citizens
Happy Holidays and advised that he was looking forward to working
with everyone next year.
Supervisor Harrison: (I) He reported that he had
discussed with Terry Harrington concerns that the residents on
Dry Hollow had regarding the logging operations. (2) He attended
the stagg Bowl in Salem and was pleased that the County was
involved in the project.
Supervisor Eddy: (1) He sent the guidelines on the
Regional competitiveness Act to the Board members and requested
their suggestions.
(2) He advised that the Fifth Planning
District Commission is concerned about the New Century Council's
recommendation to be recognized by the state as a regional
848
December 17, 1996
-
planning agency and asked for comments. Supervisor Johnson also
expressed concern about continued representation. Supervisor
Eddy asked that this be included in the county's legislati ve
program. (3) He requested that the County's legislative program
include support for franchising authority for Counties similar to
that of cities. Supervisor Nickens agreed but advised that the
meeting with the delegates should be limited to the most
important issues. (4) He asked for comments fr;:¡m the Board
members to a letter from Robert Hunt expressing concern about the
745 KVA transmission line on Fort Lewis Mountain. He will
include those in his response to Mr. Hunt.
Supervisor Johnson: He responded to a recent editorial
recommending a commission to look at the placement of cellular
towers. He recommended addressing each request as it comes
forward, and felt that it was the Board's responsibility to make
the decisions.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
~ General Fund unappropriated Balance
h capital Fund unappropriated Balance
.L. Board contingency Fund
~ Accounts Paid - November 1996
~ Statement of the Treasurer's Accountability per
December 17, 1996
849
Investments and Portfolio POlicy, as of November
30, 1996.
~ Acknowledgment from VDOT of additions to the
Secondary system.
IN RE: WORK SESSION
~ Update on the comprehensive Plan. (Terry
Harrington. Planning , Zoning Director)
The work session began at 4:45 p.m. and ended at 5:25
p.m. It was presented by Terry Harrington who updated the Board
on the citizens Advisory Committee (CAC). He advised that the
CAC had been involved ,in citizen participation/community
outreach; redefining the community planning area boundaries; and
the role of neighborhood councils. He described what would be
accomplished in each of these processes. He presented a list of
neighborhood council meetings scheduled for January and February
that will be held throughout the County.
IN RE:
EXECUTIVE SESSION
Supervisor Johnson moved to go into Executive Session
at 4:45 p.m. following the work session at 5:25 p.m. pursuant to
the Code of Virginia section 2.1-344 A (7) Consultation with
legal counsel regarding probable litigation, BPOL tax; Vest
Property condemnation proceedings; amendment to the Sewage
Treatment Plant; and (5) discussion of economic development
850
December 17, 1996
-
prospect. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-121796-7
At 7: 00 p.m., Supervisor Johnson moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-7 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 executi ve 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
identif ied in the motion convening the executi ve meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia. On motion of Supervisor Johnson to
December 17, 1996
851
adopt the certification Resolution, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
EVENING SESSION
Mr. Mahoney added five new business items to the
evening session.
IN RE:
PROCLAMATION, RESOLUTIONS AND RECOGNITIONS
~ Resolution of congratulations to chip Sullian for
being the first person from the Roanoke Valley to
qualify for the PGA tour.
R-i21796-8
Chairman Johnson presented the resolution to Mr.
Sullivan.
Supervisor Harrison moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-8 OF CONGRATULATIONS TO
CHIP SULLIVAN FOR BEING THE FIRST PERSON FROM
THE ROANOKE VALLEY TO QUALIFY FOR THE PGA
TOUR
WHEREAS, Chip Sullivan has been the golf pro at Hanging
Rock Golf Course in Roanoke county since April, 1993, and before
that, served as Assistant Pro at the Maple Bluff country Club
course in Madison, Wisconsin; and
WHEREAS, Mr. Sullivan has participated in a variety of
PGA events, such as the PGA African Tour and the PGA winter
Events in Florida; and
WHEREAS, Mr . Sullivan won the Mid-Atlantic Assistants
Championship, as well as the Mid-Atlantic Pro Championship, and
852
December 17, 1996
-
finished first in the regional qualifying round and third in the
national qualifying round for the 1997 PGA Tour; and
WHEREAS, Mr. Sullivan is the first person from the
Roanoke Valley to participate in the national PGA Tour.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its
congratulations to Chip Sullivan for qualifying for the 1997 PGA
Championship Tour; and
BE IT FURTHER RESOLVED, that the Board of Supervisors
commends Mr . Sullivan for his hard work and dedication to his
sport and extends its best wishes as he participates in the PGA
Championship Round.
On motion of Supervisor Harrison to adopt the
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrisoli, Nickens, Johnson
NAYS: None
h Resolutions of Appreciation to Fire and Rescue
Volunteers with 25 years of services to Roanoke
County.
R-121796-9
Chairman Johnson presented plaques and resolutions to
Doug Adams, Tom Philpott, Danny Snider, and Dean Rorrer who were
present.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-9 OF APPRECIATION TO VOLUNTEERS FOR
OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF
ROANOKE
WHEREAS, Roanoke County is indebted to the volunteers
who provide fire and rescue service to the citizens of the
County; and
WHEREAS, these men and women dedicate countless hours,
unpaid but appreciated, to ensure the safety of the people and
property of Roanoke County; and
December 17, 1996
853
-
WHEREAS, due to the complexity of family and business
life, few volunteers are able to maintain this type of commitment
over a long period of time, as demands on their time and energy
increase; and
WHEREAS, Roanoke County wishes to recognize those
people who have been able to continue in service to the citizens
of the County, and has established a Quarter Century Club for the
volunteers who have served for over 25 years.
WHEREAS, they have served as volunteers at the vinton
First Aid Crew, Hollins Fire and Rescue Department, Cave Spring
Fire Department and Mount Pleasant Fire Department and are
eligible for membership in this club.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, on its own behalf and on
the behalf of the citizens of the County, does hereby ~xpress its
deepest appreciation to the following for over twenty-five years
of service as a volunteer with the Roanoke County Fire and Rescue
Department: DOUG ADAMS, TOM PHILPOTT, DANNY SNIDER, BARRY FUQUA,
BARRY LUSSEN AND DEAN RORRER; and
FURTHER, BE IT RESOLVED, that they are hereby certified
as members of the Quarter Century Club for Volunteers in Roanoke
County.
On motion of Supervisor Nickens to adopt the
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARINGS
.L.
Public
Hearing
and
adoption
of
resolution
supporting tax exem»t status for the Hollins
Communications
Research
Institute.
(Paul M.
Mahoney. County Attorney)
DENIED
R-121796-19
Mr. Mahoney reported that Hollins Communication
Research Insti tute is seeking tax exempt status in accordance
with the Constitution of Virginia. The real estate consists of
6.114 acres located at the intersection of Carvin Street and
854
December 17, 1996
------"._---~-_.-..-
Walrond Drive.
The assessed value is $222,700 and the real
estate taxes would be $2,516.51.
The Institute is a research
and treatment facility dealing with communications, primarily
stuttering.
They have agreed to execute an agreement with the
County for the paYment of a 20% service fee in lieu of taxes.
Ms. Catherine Wallenberg, Assistant Director of the
Insti tute, was present to answer any questions.
Mr. Mahoney
reported that the Institute recently moved from the Hollins
College campus after 20 years.
In response to a question from Supervisor Harrison, Mr.
Mahoney advised that the Board has granted tax exempt status to
approximately eight organizations in the past 12 years.
other
organizations such as churches are automatically exempt.
Supervisor Eddy advised that he was convinced the
organization was tax exempt, and Supervisor Johnson declared his
support for the request. Supervisor Nickens pointed out that 90%
of their revenues came from non-charitable sources.
No ci tizens spoke on the issue and Supervisor Eddy
moved to adopt the resolution granting tax exempt status. The
motion was defeated by the following recorded vote:
AYES:
Supervisors Eddy, Johnson
NAYS:
Supervisors Minnix, Harrison, Nickens
RESOLUTION 121796-19 TO THE GENERAL ASSEMBLY REFUSING
TO SUPPORT TAX EXEMPTION OF PROPERTY OWNED BY THE
HOLLINS COMMUNICATIONS RESEARCH INSTITUTE
WHEREAS,
(hereinafter the
Hollins Communications Research
"Institute") has petitioned this
Institute
Board for
December 17, 1996
855
support of a bill to be introduced at the 1997 Session of the
Virginia General Assembly to exempt certain property of the
Institute from taxation pursuant to Article X, section 6 (a) (4)
and 6(a) (6) of the Constitution of Virginia; and
WHEREAS, a public hearing at which all citizens had an
opportuni ty to be heard with respect to the Inst:i tute 's request
was held by the Board on December 17, 1996; and
WHEREAS, the provisions of subsection B of section 30-
19.04 of the 1950 Code of Virginia, as amended, have been
examined and considered by the Board; and
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follow:
1. The County refuses to support the petition of the
Hollins Communications Research Institute seeking exemption from
State and local taxation. In adopting this Resolution the Board
has examined and considered the provisions of subsection B of
section 30-19.04 of the 1950 Code of Virginia, as amended.
2. The assessed value of the property owned by the
Institute is $222,700 and the property tax is $2,516.51. The Tax
Parcel No. is 27.06-3-4.
3. The Clerk is directed to forward an attested copy
of this Resolution to the Chairman of the Committee of the
General Assembly considering the designation of property to be
exempt from taxation pursuant to Article X, section 6{a) (4) and
6(a) (6) of the Constitution of Virginia and to the Institute.
On motion of Supervisor Eddy to adopt a Resolution of
The motion was defeated by the following recorded vote:
Supervisors Eddy, Johnson
Supervisors Minnix, Harrison, Nickens
Support.
AYES:
NAYS:
h
PUblic
Hearing
and
adoption
of
resolution
supporting tax exem~t status for the Hanqing Rock
Battlefield and Railway Preservation Foundation.
(Paul Mahoney. county Attorney)
R-121796-10
Mr. Gubala reported that the Hanging Rock Battlefield
and Railway Preservation Foundation is requesting tax exempt
status.
The Foundation is planning and designing the Hanging
Rock battlefield trail Phase I. Mr. Gubala advised that the City
of Salem approved a similar request on November 25, 1996. The
856
December 17, 1996
-
anticipated revenue loss is $542.40 and staff recommends that
there be no 20% service fee since the property will be used for
purposes similar to a public park with no admission.
No citizens spoke on this issue and Supervisor Harrison
moved to adopt the resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-10 TO THE GENERAL ASSEMBLY SUPPORTING
TAX EXEMPTION OF PROPERTY OWNED BY THE HANGING ROCK
BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION AND
USED FOR ITS CHARITABLE, EDUCATIONAL, AND RECREATIONAL
PURPOSES ON A NON-PROFIT BASIS
WHEREAS, The Hanging Rock Battlefield and Railway
Preservation Foundation (the "Foundation") has petitioned this
Board for support of a bill to be introduced at the 1997 Session
of the Virginia General Assembly to exempt certain property of
the Foundation from taxation pursuant to Article X, section
6(a) (6) of the Constitution of Virginia; and
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Foundation's request
was held by the Board on December 17, 1996; and
WHEREAS, the provisions of subsection B of Section 30-
19.04 of the 1950 Code of Virginia, as amended, have been
examined and considered by the Board; and
WHEREAS, the Foundation agrees that the property to be
exempt from taxation is the property of the Foundation.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That, in accordance with Section 30-19.04 of the
1950 Code of Virginia, as amended, the Board supports an
exemption from taxation under Article X, Section 6 (a) (6) of the
Constitution of Virginia of property owned and used by The
Hanging Rock Battlefield and Railway Preservation Foundation for
its charitable, educational, and recreational purposes. This
resolution is adopted by the Board after holding a public hearing
with respect hereto as to which public notice was given and at
which citizens had an opportunity to be heard. In adopting this
Resolution, the Council has examined and considered the
provisions of subsection B of Section 30-19.04 of the 1950 Code
of Virginia, as amended. The assessed value of the property
December 17, 1996
857
-
owned and used by the Foundation is $51,600 and the property tax
is $583.08. The Tax Parcel Nos. of the property owned by the
Foundation is 36.03-1-62 and 36.10-1-16.
2. The Clerk is directed to forward an attested copy
of this Resolution to the Chairman of the Commi ttee of the
General Assembly considering the designation of property to be
exempt from taxation pursuant to Article X, section 6 (a) (6) of
the Constitution of Virginia, to the Commissioner of the Revenue
and the Treasurer for Roanoke County, and to The Hanging Rock
Battlefield and Railway Preservation Foundation.
On motion of Supervisor Harrison to adopt the
Resolution, and carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
.L. Public Hearing and resolution to consider the
acquisition by condemnation or other means of an
easement across certain property owned by Michael
c. Martin and Fay H. Martin and Raymond C. Weeks
and Debora Q. Weeks for the construction and
installation of water transmission lines. (William
B. Hopkins. Jr.)
R-121796-11
Mr. Mahoney requested that the Weeks property be
deleted from this request because the issue with them is being
resolved, but that the Martin property remain. He explained that
the properties are necessary for the Water Transmission Line
project. A written offer was extended to Michael and Fay Martin
of $957.00 which was based on an appraisal by Earl G. Robertson.
Mrs. Martin is willing to accept the offer but Mr. Martin has not
responded. Because the parties are going through a divorce, it is
now necessary to go forward with eminent domain proceeding. The
858
December 17, 1996
~-
total permanent easement area is 7,152 square feet and the total
temporary easement is approximately 3,480 square feet.
Supervisor Johnson moved to adopt the resolution
amended to delete the condemnation proceedings against RaYmond C.
Weeks and Debora Weeks.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-11 PURSUANT TO SECTION l5.1-238(E) OF
THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE
ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF
LAND OWNED BY MICHAEL C. HARTIN AND FAYE H. HARTIN AND
RAYMOND C. WEEKS ANi) DEBORA Q. WEEKS FOR THE WATER
TRANSMISSION LINE PROJECT
Following a pUblic hearing of the Board of Supervisors
of Roanoke County on Tuesday, December 17, 1996, at 7:00 p.m.,
after due notice to the public, this Board makes the following
findings of fact and adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Water Transmission Line Project has been
approved to provide a source of water for the citizens of Roanoke
county.
2. That the project is necessary for the general
health, safety and welfare of the public, and specifically will
provide a long-term water source in Roanoke County.
3. That acquisition of an interest in certain parcels
of land, described below, is necessary for construction of water
transmission lines from the Roanoke County Water Treatment Plant
to southwest Roanoke County.
4 . In order to complete this proj ect, the County
needs to acquire an interest in the properties described below:
(a) OWNER: Michael C. Martin and Faye H. Martin
PROPERTY DESCRIPTION: Parcel of land located on
Tyler Road, Salem, Virginia (RQanoke County Tax
Map No. 44.04-2-49.1)
.s.e..e. attached plat identified as "EXHIBIT A" showing
December 17, 1996
859
-
water easement and temporary construction easement to be acquired
from Michael C. Martin and Faye H. Martin.
(b) ownER. RaytrlOhd C. Weeks ahd Debora Q. Weeks
PROPERTY DESCRIPTION. Parcel of lahd located at
2748 Creekside Dr: ilfe, Roahoke County, ""irgihia
(Roahoke COUhty Tax Map No. SS.04 1 S8)
~ attached plat idehtified as uEXIIIDIT Baa showihg
water easement ahd telhporary cOhstructioh eaSe1l,eht to be acquired
from the lahd owned by Raymond C. Weeks and Debora Q. Weeks.
5. That the fair market value of the interest in the
property to be taken and damages to the residue of such property,
if any, is as follows:
PROPERTY OWNER FAIR MARKET VALUE
AND DAMAGES, IF ANY
Michael C. Martin and
Faye H. Martin
$ 957.00
Ray n,ohd C. Weeks and
Debora Q. Weeks
$ 8S7.00
6. That each of the landowners have been offered the
amounts listed in paragraph 5 above for an interest in their
property and that each offer was refused by the landowners.
Therefore, the only feasible way of acquiring the land described
above is by condemnation.
7. That it is necessary for the County to immediately
enter upon and take possession of the properties described above
and commence construction of such water transmission lines and
any other appurtenances to the water supply system in order to
more adequately serve the needs of the citizens of Roanoke County
and to institute and conduct appropriate condemnation proceedings
as to the above-described property as provided by law and by this
resolution the County hereby states its intent to do so.
8. That pursuant to the provisions of' section 15.1-
238(E) of the Code of Virginia, 1950, as amended, the Board finds
that it is necessary to be vested with those powers granted the
Commonwealth Transportation Commissioner pursuant to sections
33.1-119 through 33.1-129, both inclusive, in order to enter upon
the property to be condemned prior to or during the condemnation
proceeding for the construction of water transmission lines and
any other appurtenances to the water supply system as described
above.
hereby
9 . Tha t
condemn the
the Roanoke
interest in
County Board
the properties
of supervisors
shown on the
860
December 17, 1996
Exhibits attached hereto and made a part of this resolution and
authorizes the county Administrator and the County Attorney to
sign all papers and documents necessary to this end on behalf of
the County.
10. That the Roanoke County Board of Supervisors shall
in accordance with section 15.1-238(E) of the 1950 Code of
Virginia, as amended, be vested with those powers granted to the
Commonwealth Transportation Commissioner pursuant to section
33.1-119 through 33.1-129, both inclusive, in order to enter upon
and take the condemned property prior to or during the
condemnation proceeding so that the construction and maintenance
of the water transmission lines as described above may be
commenced immediately the Board of Supervisors shall perform the
duties and functions required of the Commonwealth Transportation
Commissioner in such statutes.
11. That notice of this condemnation setting forth the
compensation offered shall be sent by certified mail to the
landowners as described above on or before December 23, 1996.
12. That the law firm of Martin, Hopkins & Lemon, P.C.
shall be the duly authorized agent and attorney for the County
for the purpose of instituting condemnation proceedings and the
handling of the acquisition of these properties for the County.
, On motion of Supervisor Johnson to adopt the Resolution
and delete condemnation proceedings against RaYmond C. Weeks and
Debora Weeks, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ (a) Ordinance amending and reenacting portions of
Chapter 5, Animals and Fowl, of the Roanoke county
Code to clarify the authority of the community
Service Officers of the Roanoke county Police
Department to
enforce the county's animal
control ordinances. and to increase the fees for
boarding and pickup of animals: and:
0-121796-12.a
Mr. Mahoney reported that the only change to the
ordinance from first reading on December 3 was that the portion
December 17,1996
861
of the ordinance concerning vaccination clinics would not be
deleted.
staff is also requesting authorization to execute the
revised contract with the Roanoke Valley SPCA.
Assistant
Administrator John Chambliss updated the Board on the SPCA's plan
to relocate.
Supervisor Eddy suggested amending the ordinance to
include the use of electronic implants in sec. 5-29 of the
ordinance.
Supervisor Johnson moved to adopt the ordinance with
the addition of "Electronic implant" on Page 8(sec. 5-29). The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 121796-12.& AMENDING AND REENACTING PORTIONS
OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANOKE COUNTY
CODE TO CLARIFY THE AUTHORITY OF COMMUNITY SERVICE
OFFICERS OF THE ROANOKE COUNTY POLICE DEPARTMENT TO
ENFORCE THE COUNTY'S ANIMAL CONTROL ORDINANCES, AND TO
INCREASE THE FEES FOR BOARDING AND PICKUP OF ANIMALS.
WHEREAS, the animal control ordinance of Roanoke county
was passed prior to the creation of the Roanoke county Police
Department and the creation of the position of community Service
Officer within that Department; and
WHEREAS, the need exists to clarify the duties and
responsibilities of the County's Community Service Officers to
enforce the provisions of the County's animal control ordinance
contained in Chapter 5 of the Roanoke County Code; and
WHEREAS, the county's new contract with the Roanoke
Valley SPCA includes an increase in the daily boarding rate for
any domestic animal to $7.75 and the current pickup fee for
conf ined animals no longer covers a reasonable portion of the
County's cost involved in impounding such animals; and
WHEREAS, the first reading of this ordinance was held
on December 3, 1996, and the second reading and public hearing
for this ordinance was held on December 17, 1996.
862
December 17, 1996
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows.
1. That Chapter 5, ANIMALS AND FOWL of the Roanoke
County Code be amended and reenacted as follows:
CHAPTER 5 ANIMALS AND FOWL.
ARTICLE I. IN GENERAL
Sec. 5-1. Animal control officer generally.
(a) There is hereby created the position of 1§lIlñ~p.M
!"'!!~I¡:9i'!t~.p~ b:hi:;~Oi~~~~oty of:~~e~.i~æl¡¡¡¡¡ì«~1¡¡¡¡lI;ªï¡i¡ª¡· Co:~~~
adnìÌnistlatoI, witlJ. tlJ.e apploval of the board of supeI'"4isors.
ahiInal cOhtrol officer slJ.all enfo:rce tlJ.e pro'\lisiol1s of this
c1J.apter ahd other ordihahces of tlJ.e county ahd laws of tlJ.e state
relatihg to dogs al1d other dOIuestic al1ÌInals ahd pe:r fOlm such
other duties as a:re p:rescribed by the boa:rd of supe:rvisoIS.
(c) Such number of g_Hn:i:p.¥~¡:¡:~II.mºIU¡9~¡I¡~ªi!g§ deputies
to the ahÌIual cOht:rol officer as are authorized by the board of
supervisors iti!ãw¡¡¡¡i¡¡¡iIH may be appointed by the .¡~I~¡i:m:¡ªlt¡¡~I1:lfiªW.:Mq~
coul1ty adIuihistrator.
(d) The 1ª&lñi1p.iÆlt$.ig¥Wªi~IUliIW§ig§ ahinlal cOlìtrol
officer shall be deemed to be the county's animal warden, within
the meaning of section ~¡i@Wæw:Ø:ip.:M%:ø.¡1. 29 213.73 of the Code of
Virginia.
(Code 1971, § 5-4)
Sec. 5-3. wild bird sanctuaries--Established; markers.
(a) The following area (s) in the county shall be set
aside and declared wild bird sanctuaries:
(1) Ðegihl1ing Oh U.S. IIiglJ.way No. 11, at Mud Lick
Creek, and followihg U.s. HigltWay No. 11 south on
tlJ.e south side tlJ.e:reof to Deyerle Road, thehce
west with the east side of DeyeI Ie Road to its
ihtersection with Mud Lick Road, thehce southwest
with tlJ.e ho:rtl.l.westerly side of Mud Lick Road to
~-
December 17, 1996
81)3
=
its ihtersec;tiol1 with tl...e easten... bouhdary lil1e of
Westchester, thehce followillg tl...e easte1:l1,
1101: tl...enl ahd westenl bOUIldary lilies of sectiolls 1
alld 2, Westcheste1:, to Mud Lick Road, tl...ellce with
Mud Lick Road to state Route 686, thehce followillg
state Route 686 ill all easterly direction to
Weste1:h Hills, thellce followiI...g tl...e outside
bOUI...da1:Y lihes of Westen... Hills to the
ill.tersectioh with state Route 686, thence witl...
state Route 686 to Gralldih Road Extensioll, thehce
with. Bralldill Road Extellsioh to Mud Lick RUII,
tl...ehce dowh Mud Lick RUh to the place of
begil...hing.
(2) Begihning Oh G1:andih Road Extehsioh CRt. 686) at
tl...e west bOUIldary lihe of Westchester #1, thehce
with S1:ahdin Road Extehsioh (Rt. 686) ih a
westerly directioh to Rt. 419, thence with same ih
a nortl...erly di1:ectioh to tl...e north prope1:ty lille
of the hew Oak Bro~e Cl.t.u1:ch of the B1:etll1:eh
prope1:ty, thehce witl... said church p.roperty line ill
an easterly directioh to tl...e outside bouhdary lihe
of IIiddell ·v·alley Estates, sectioh 2, as 1:eco1:ded
ill Plat Book 3, page 242, tl...ellce witl.L salhe llorth
to a POillt ih tIle Oak Brove Fanus Subdivisioh
south prope1:ty lille, tl.LehCe with salhe east to the
property of W. K. Coffmah ahd D. ¡i. Shober, thehce
witl.L the soutl.L property lihe of salhe east to the
west property lihe of tl.Le Willdsor Lakes
Subdivisioll, as recorded in Plat Book 4, page 91,
thel...ce witl.L sallie to tl.Le R/W lihe of the A.E.P.
Co., thehce with same soutl.L 'to the west boundary
line of Westchester #1 ahd #2, thence 1IIith sallie 'to
tl.Le place of begiI.t.llihg.
C~-9-) Beginning at a point on Ruritan Road (Virginia
Secondary Route 609) at its intersection with the
lot line of Lot 11, Block 8, of La Bellevue
Subdivision, thence S 85° 19' 30" W 910.35 feet to
a point; thence N 58° 11' 44" W 400.30 feet to a
point; thence N 12° 22' W along the northwest
right-of-way of Virginia Secondary Route 609 to a
point; thence N 59° 40' W 118.76 feet to a point;
thence S 44° 32' W 1007.22 feet to a point; thence
S 34° 45' E 358.82 feet to a point; thence S 46°
32' W 487.47 feet to a point; thence N 33° 37' W
1307.70 feet to a point; thence N 11° 59' 20" E
1219.37 feet to a point; thence along the
864
December 17, 1996
-
northerly property boundary of Lot 1, Block 1 of
La Bellevue to a point on the north lot line of
Lot 2, Block 1 of La Bellevue; thence N 52° 46'
42" E 1511.15 feet to a point; thence N 9° 34' 24"
E 70.62 feet to a point; thence N 38° 44' 54" E
201.40 feet to a point; thence N 56° 16' 57" W
166.75 feet to a point; thence N 18° 45' E 173.25
feet to a point; thence N 40° 38' 12" for a
distance of 91.14 feet to a point; thence N 32°
33' 47" W 207.99 feet to a point; thence S 71° 50'
for a distance of 100 feet to a point; thence N
33° 42' 38" W 463.79 feet to a point; thence N 52°
46' 42" E 920.0 feet to a point; thence S 58° 50'
40" E 442.76 feet to a point; thence S 58° 15' E
for a distance of 1091.51 feet to a point; thence
S 58° 15' E 629.46 feet to a point; thence S 30°
32' 09" W 1665.36 feet to a point; thence S 19°
51' 40" W 321.80 feet to a point; thence S 41° 32'
E 300.08 feet to a point; thence S 41° 45' 30" W
199.61 feet to a point; thence across the right-
of-way of Ruritan Road (Virginia Secondary Route
609) to the point of beginning and containing
Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9 " 10, 11, 12, 13;
14, 15, 16, 17, 18, 20 and 21 of the La Bellevue
Subdivision.
(b) suitable markers approved by the county
administrator may be erected on the roads entering the
sanctuaries described in subsection (a) above, indicating that
the areas have been so set aside and declared.
(Code 1971, § 5-1; Ord. No. 2664, 9-9-80)
ARTICLE II. DOGS, CATS AND OTHER ANIMALS
DIVISION 1. GENERALLY
. . . .
Sec. 5-23. Dogs and cats deemed personal property; rights
relating thereto.
(a) All dogs and cats in this county shall be deemed
personal property and may be the subject of larceny and malicious
or unlawful trespass and the owners thereof may maintain any
action for the killing of any such dogs or cats, or injury
thereto, or unlawful detention or use thereof, as in the case of
other personal property. The owner of any dog or cat which is
injured or killed contrary to the provisions of this article by
any person shall be entitled to recover the value thereof or the
December 17, 1996
865
-
damage done thereto in an appropriate action at law from such
person.
(b) The l~llilDìil~:¡:¡:::¡~¡§lg¥~ª~¡ì:¡:ri:::¡:¡gll~ª~i1~ al1imal cOIltrol
officer or other officer finding a stolen dog or cat or a dog or
cat held or detained contrary to law shall have authority to
seize and hold such dog or cat pending action before a general
district court or other court. If no such action is instituted
within seven (7) days, such officer shall deliver the dog or cat
to its owner. The presence of a dog or cat on the premises of a
person other than its legal owner shall raise no presumption of
IΡ$.:ªiID¡'~;i4mg~h:l1i~:~e~OI~:rO~u~~f !c~~m7:ae;' ta:~d su~~e d!~I!~I!!~
in charge and notify its legal owner to remove him. The legal
owner of the dog or cat shall pay £fiä¡ffift6.£îiidiUIU¡¡ðãøa:¡¡¡¡ñgII::::¡fåê
~§F.jlli:~n~g::::U?Y¡::::::§lg::I:iliI::§¡!@:ª a reasollable ch'ii'gë""··''f'or'"''..'the''''·'''k'eep'''''..'o'f'''''"such
¡~:i:~i'~lill:i~~¡::::~::iU:.:I¡:~~~ttìi¡l@ï¡:iii~tililï'-!II¡,~::::¡Ûil6.ÎP!!~~II:~!!~:~,
officer.
(Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94)
. . . .
Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures.
(a) Dangerous dog. It shall be unlawful and a Class 1
misdemeanor to own, keep, harbor, act as custodian of or permit
to remain on or about any premises any dog that the owner knew or
reasonably should have known to be a dangerous dog, as defined by
section 5-21, except in strict compliance with section 5-26.3 of
this Code. If after hearing evidence, the court finds any dog to
be a dangerous dog, the court shall, in addition to any other
penal ties imposed, order the dog's owner to comply wi th the
provisions of section 5-26.3. If any owner knew or reasonably
should have known any dog to be a dangerous dog and such dog
thereafter causes a wound to any person, such owner shall be
guilty of a Class 1 misdemeanor.
(b) vicious dog. It shall be unlawful and a Class 1
misdemeanor to own, keep, harbor, act as custodian of or permit
to remain on or about any premises any dog that the owner knew or
reasonably should have known to be a vicious dog, as defined by
section 5-21. If, after hearing evidence, the court finds any
dog to be a vicious dog, the court shall, in addition to any
other penal ties imposed, order the g_µijjj,Ê:I¡:¡¡¡¡¡;;§~¡'-i.§I:::I:IØfi¡l.:iiªj#
al1Ì1fial cOI1trol officer to euthanize the dog. If any owner knew
or reasonably should have known any dog to be a vicious dog and
such dog thereafter causes a wound to any person, such owner
866
December 17, 1996
~-----------.----~_._._.
- -
shall be guilty of a Class 1 misdemeanor.
(c) Procedures. When a warrant has been obtained or a
summons issued pursuant to this section, the l§aU~l~šM*¡¡¡:¡¡§lp¥Iië¡;
~#.ifi:m.§@g animal cOhtrol office%: and/or police officer may, in his
discretion, confine the dog until such time as evidence shall be
heard and a verdict rendered. The court may, through its
contempt power, compel the owner of any dog to produce it for the
I6.BttfiJiaYf@S.JMi6.€.m:::t:tlla1SD animal cont%:ol officer and/or police
'C;I£fõ'er"':·'" """"'!n""·"the'·'·""event""""a:'îly dog is found to be a dangerous dog or
vicious dog, the owner of such dog shall be responsible for
paYment to the county of any expenses of impounding and keeping
the dog pending disposition of the case at the rate prescribed by
the county board of supervisors.
(Ord. No. 72793-7, § 1, 7-27-93)
Sec. 5-26.2. Licensure of dangerous dog.
(a) The owner of any dog found by a court to be a
dangerous dog shall, within ten (10) days of such finding, obtain
a dangerous dog ,license from the treasurer by paying the fee
required by section 5-41 of this Code. The treasurer shall
provide the owner with a uniformly designed tag which identifies
the dog as a dangerous dog. The owner shall affix the tag to the
dog's collar and ensure that the dog wears collar and tag at all
times. All licenses issued pursuant to this section shall be
renewed annually as required by section 5-41 of this Code.
(b) No dangerous dog license shall be issued until the
applicant has filed with the treasurer the insurance certificate
required by section 5-26.3(c). The treasurer shall immediately
forward Irnª§p¥w§~ such certificate to #.I@ggilm.§@gþ@plllmil.l®l.ðl
the county's risk manager for review and filing. The risk
manager shall immediately notify the øQ.&Uð.:i:f.jM:mKs.i..Wç¡:::::f:Ø~:i.:$.ºi.fi
ð.himal control office%: of any noncompIIance....'W'lth·..'the....·provIsI'ons'
of section 5-26.3(c) of which the risk manager becomes aware.
(Ord. No. 72793-7, § 1, 7-27-93)
Sec. 5-26.3. Keeping dangerous dogs; conditions.
It shall be unlawful for any owner of any dangerous dog
to own, keep, or harbor any such dog within the county except in
compliance with each of the following conditions and
specifications:
(a) Any dangerous dog shall be securely confined
indoors or, if kept outdoors, shall be kept in a
securely enclosed and locked pen or structure
December 17, 1996
867
-
adequate to confine the dog and located upon the
premises of the owner of the dog. Any such pen or
structure shall have secure sides and a secure top
and, if it has no bottom secured to the sides, the
sides shall be imbedded into the ground no less
than two (2) feet. Such pen or structures shall
provide any such dog with adequate space and
protection from the elements and shall be kept in
a clean and sanitary condition.
(b) The owner of any dangerous dog shall display two
(2) signs on his property stating: "Dangerous Dog
on Premises." One sign shall be posted at the
front of the property, and the second sign shall
be posted at the rear of the property. Each sign
shall be capable of being read from a distance of
fifty (50) feet.
(c) The owner of any dangerous dog shall procure and
maintain public liability insurance in the amount
of fifty thousand dollars ($50,000.00) insuring
the owner for any injury or damage caused by such
dog. The owner shall maintain a valid policy and
certificate of insurance issued by the insurance
carrier or agent as to the coverage required by
this subsection at the premises where such dog is
kept and shall, upon req;l:l,~,~:t::J.....,~,~,~P.!,~¥.., ,~~c:::.þ'....,p'g,I,~,C::¥
and certificate to any ¢.§.µttiIM;I:m$gn¥:¡ª~:llmt1:I:¡;ª@B
ahiIl1al GoIttrol offiGer or....poiIce' '6'ff'fëier"~"'·"'"''''''''''''''''''''''''''
(d) The owner of any dangerous dog shall have such dog
permanently identified by means of a tatoo on an
inside thigh, and ...~,~,~,., ~!!.~~,~....,~~ ...~~¥......9.:~,~,9.~FoUS dog
shall provide the ا.Yn:I#'¥l:r::p'gl¥w.ª@rHllt1~mª§.~ ahÌIual
cOIttrol offiGer with....a....'ëië)i'cir....ph6to'gi~aph..··of'..'the dog
taken within the last twelve (12) months, suitable
for use in identifying the dog.
(e) If any dangerous dog is taken off the property of
its owner, such dog shall be muzzled and
restrained by a substantial chain or leash not
exceeding six (6) feet in length, and such dog
shall at all times be kept under the control of a
responsible person. Such muzzle shall be
constructed in such a manner that it will prevent
the dog from biting any person or animal, but such
that it will not cause injury to the dog or
interfere with its vision or respiration.
(f) The owner of any dangerous dog shall notify the
8~
December 17, 1996
-
-------~----,_._-""
~tl:~:/:~2~::~i~~è~~
such dog has ....atta·cked..'·'or....woünded a human being or
another animal; or if such dog has been sold,
leased, given away, died, or custody has been
transferred to another person for more than forty-
eight (48) hours. If such dog has been sold,
leased, given away, or custody has been so
transferred, the owner shall provide the Hõ.OOæ.ø.g
t!@Dililiti ahimal cOhtrol depa:r tment wi th....'·..the
name, address, and telephone number of the new
owner, lessee, or custodian who shall be required
to comply with the conditions of this section if
the dog is kept within the county. If the owner of
a dangerous dog moves such dog to a different
address, such owner shall notify the ~§W.Wªi
P;~p:ÃI1íI~n! al1inlal cOhtrol departmeht of such fact
and the new address within twenty-four (24) hours.
(g) The ~p..ip.¥f:r:I:::¡:~@J.j¥W.si.¡tŒ:rJ.;lpp:~:gil al1imal cOlltrol
office:r: and/or police officer sÞ.all be permitted
the right to inspect the enclosure in which any
dangerous dog is kept at any time.
(h) In addition to the conditions and specifications ....
established by this section with respect to
dangerous dogs, the owner of any dangerous dog
shall meet all other requirements established by
this article for keeping any dog.
(i) The º9..;'51:¡::¡¡::¡¡¡¡I~§i¥iS!¡¡:¡¡:II:2:1!1:I¡ç!m allimal COllt:r ol
officer and/or police officer shall have the right
to seize and impound the dog if any of the
conditions and specifications established by this
section for the keeping of a dangerous dog are not
being met.
(Ord. No. 72793-7, § 1, 7-27-93)
Sec. 5-26.4. violations.
It shall be a Class 1 misdemeanor for the owner of any
dog which has caused a wound to any person to conceal or cause to
be concealed such dog from any Ø:ª.µj:¡¡IM¡¡¡:I~lg¥w.:ªI.Hi:It~:pW.ª@ª ahimal
cOl1trol officer or police officer.
(Ord. No. 72793-7, § 1, 7-27-93)
. . . .
......
-
-
December 17, 1996
~
Sec. 5-27. Barking or howling dogs.
The harboring or keeping of any dog which, by loud,
frequent or habitual barking or howling or by any other conduct,
shall cause annoyance and disturb the peace and quiet of any
person or neighborhood shall be unlawful; and any such dog is
~:~:~~a~~I:~:fc:oh:Se b~:nu~\~:nn~;s~~~e ið.¡¡Wø:~¡B.1~~w.â¡Þløæi¡0::;:\:
§It¡¡¡¡¡¡¡§lliPl¡IJjjj¡it¡i¡@!mglsD.hw@igifil.l@[i aI.imaf""'w¿'ont]to~""".."OffI2'e{':':':,:""'t'~:,:."":~g~
owner of such dog, if known, or upon the complaint of any person,
if such owner is unknown, be impounded and confined in the county
animal shelter by the .Blñiilil¡i¡¡¡:itilifWR¡mlllfi¡¡¡m animal cOht:l::ol
officer. The disposition of any such dog shall be in accordance
with section 5-29.
(Code 1971, § 5-10.2)
Cross reference(s)--Noise generally, § 13-3.
. . . .
Sec. 5-29. same--Impoundment.
.... ........ ..,.......... (a) It shall be the duty of the mgDUliIlif:f:::I:$1;iìM;¡§@
R¥i@ ;¡si:n ahiIlu~1 cOht.r:ol office.r: or other officer to cause any dog
found running at large in violation of section 5-28 or any dog or
cat creating an animal nuisance in the presence of the officer as
defined by section 5-21 to be caught and confined in the county
animal shelter. Every ti~.i.§ñ$.Bm~ effort shall be made on the part
liceI.se or othe.r: idehtificatioh tag 01. the dog or cat, such owner
shall be hotified fo.r:tl.with by tI.e pe.r:soh takiI.g tl.e ahirllal iI.to
custody.
under this (b 2ec~io~o:~¥TI:í#.i¡lm¡i:<"",:,::~!,'¡!;!!lli1Iillllm!¡!~ng!ª:~I~f;:Jn~~
the rightful owner after displaying proof of ownership, a current
dog or cat license and proof of current rabies inoculation of the
animal. No dog or cat shall be released to any person claiming
ownership, unless such license and proof have been displayed.
(c) An owner claiming his animal pursuant to subsection
(b) above shall be required to pay the actual expense incurred by
the county in keeping the animal confined. Such payment shall be
870
December 17, 1996
-
made to the
the time of the release of the
. .
shall relieve
28.
notice was giV'eh to the owner or: if the OWher: cahhot be located
withill sevell (7) days after cOhfillemeht, such ð:hÌIfial may be
disposed of ill accordahce with the pro\lisiollS of sectioh :3 .1
796.96 of the Code of Virgillia, or: its 5uccessor.
December 17, 1996
811
.Ib.ªgª:~~
(Code 1971, §§ 5-11, 5-26; Ord. No. 2135, 9-26-78; Ord. No.
52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94)
. . . .
Sec. 5-31. Killinq, injuring, etc., livestock or poultry
Generally.
,.....,............,.........., (a) It shall be the duty of the g§.µffiin.lt::~:fBI.!igw.
Øi.1$1æ.:¢~:iIt ahimal cOhtrol officer or other officer, if he finds a
dö'g......'Iïi....' the act of killing, injuring, worrying or chasing
livestock or poultry, to kill such dog forthwith, whether such
dog bears a tag or not, and any person finding a dog committing
any of the depredations mentioned in this section shall have the
right to kill such dog on sight.
(b) The general
have the power to order
cOhtrol officer or other
confirmed livestock or
poultry for the third
poultry killer.
............ (c) If any person, including the ;§DµüjIMjj:::j:j::tf§@itMi:g
gi1¡j:%J;;_ ahimal cOhtrol off iceJ::, has reason to believe that any
dog is killing livestock or committing any of the depredations
mentioned in this section, he shall apply to a magistrate of the
county, who shall issue a warrant requiring the owner or
custodian, if known, to appear before the judge of the general
district court at the time and place named therein, at which time
evidence shall be heard, and if it shall appear that such dog is
a livestock killer or has committed any of the depredations
mentioned in this section, the dog shall be ordered killed
immediately, which the iª..iMt¥J::i::BiiM¡¡ª@:¡f::§:lr.;æ.~U~C ahiIllal cOhtrol
officer or other officer....·ci'ešTgÏ1ateër..'by·....the....')'udçie'· of the general
district court to act, shall do.
district court or any other court shall
the ~ª..m.¡giij1j1j:j1j:§~IMWSI.:¡I::III:i:g~ animal
officer to kill any dog known to be a
poultry killer, and any dog killing
time shall be considered a confirmed
(Code 1971, § 5-7)
State law reference (s) --Dogs killing, injuring, etc.,
other animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117.
Sec. 5-32. same--Investigation of claims aqainst county.
(a) The gª..m.II:j:;::::¡:::¡::§IIM~P:@:I::¡:::::j:~I;lm.g~E ð.hÏIhð.1 cOl1tJ::ol
officer shall conduct an investigation into any claim made
pursuant to section 3.1-796.118 of the Code of Virginia for
livestock or poultry killed or injured by a dog prior to the
paYment of such claim, to determine if the claimant has exhausted
872
December 17, 1996
--
--- .- -,-
-
.~---
all legal remedies available to him against the owner of the dog,
if known, prior to making such claim to the board of supervisors.
(b) For the purposes of this section, ""exhaustion"
shall mean a judgment against the owner of the dog upon which an
execution has been returned unsatisfied.
(Code 1971, § 5-13.1)
Sec. 5-33. Disposal of dead dogs.
The owner of any dog which has died from disease or
other cause shall forthwith cremate or bury the same. If, after
notice, the owner fails to do so, the mªmmlñ.~IMID#..p¥mlllØ:~fimªlg
anÜnal cOl1trol officer or other officer shall bury or cremate the
dog and he may recover, on behalf of the county, from the owner
(Code 1971, § 5-8)
Cross reference (s) --county solid waste collectors not
to pick up dead animals, § 20-27.
. . . .
Sec. 5-36. lªglml:M.jíI¡¡¡I~.i.ªi:::::I:Þ:#.¡I:¡ª@#i Animal con~rol officers;
duties and responsibilities.
___f:t*~l;i::~!:ké;~:Fri~~:e~
enforcement officer shall have the following powers:
(1) May enter upon private property to apprehend any
domestic animal which is in violation of any
provision of this chapter or to apprehend any
animal which presents an immediate threat to the
safety, health or welfare of any person, including
an animal suspected of being infected with rabies;
(2)
May enter upon private property to
complaints of inhumane or lack of
animal care;
investigate
responsible
(3) May seize, impound or dispose of any V1Cl0US or
dangerous animal of any kind when necessary for
December 17, 1996
S1J
-
the protection of any person or animal; and
(4) May perform all other acts necessary to carry out
the requirements of this chapter.
(Ord. No. 41294-7, § 1, 4-12-94)
Secs. 5-37--5-40. Reserved.
Division 2. License
· . . .
Sec. 5-49. Preservation and exhibition of license receipt.
A dog or cat license receipt shall be carefully
preserved by the person to whom it is issued and exhibited
~~:~¡iì.ìY al1~~alr~;~~~~l f~;f i~~:P~~t~~; o~erthoeff f~!~j)#'I¡::::::I»=@.jª$
(Code 1971, § 5-25; Ord. No. 41294-7, § 1, 4-12-94)
· . . .
Sec. 5-53. Records of licenses sold.
A list of all dog or cat licenses and kennel licenses
sold shall be made in triplicate, consecutively numbered, and
showing to whom issued; residence address; magisterial district;
tag number; year ending; day, month and year issued; and the
signature of the county treasurer. The original copy shall be
deli vered to the dog or cat owner, the second copy shall be
retained by the treasurer and the third copy shall be delivered
to .1::::::::::g§.Ynælw:::::::::~@.jªii:::::¡::I:II:I:¢@i::::::::::PP':jl::::::IªI.::::::::::.I:¡::::Ul§~:I:¢@::¡::::]}~pªi11.1
al1imal cOl1t:r:ol officer.
(Code 1971, § 5-19; Ord. No. 41294-7, § 1, 4-12-94)
· . . .
Sec. 5-55. special provisions as to kennel licenses.
(a) The owner of a kennel shall securely fasten the
license tag issued under this division to the kennel enclosure in
full view and keep one of the identification plates provided
therewi th attached to the collar of each dog authorized to be
kept enclosed in the kennel. Any identification plates not so in
use shall be kept by the owner or custodian and promptly shown to
any ¢.i.&œMY:::::¡:i:::s...¡¡e.¡ittÐlif:Ie.i.i al1iIual COltt:r:ol officer or other
offiëer....'upoïi "requeš'f'~"""A"""keÏinël dog shall not be permitted to
824
December 17, 1996
~_ _ ~__._~·~ø __
stray beyond the limi ts of the enclosure, but this shall not
prohibit removing dogs therefrom temporarily while under the
control of the owner or custodian for the purpose of exercising,
hunting, breeding, trial or show. A kennel shall not be operated
in such manner as to defraud the county of the license tax
applying to dogs which cannot be legally covered thereunder or to
in any manner violate other provisions of this article.
(b) If a kennel dog is found running and roaming at
large at any time of the year in violation of any provision of
this article, the kennel license may be revoked, if the violation
appears to the trial court to have resulted from carelessness or
negligence on the part of the owner, who shall thereupon be
required to secure an individual license for each dog.
(Code 1971, § 5-27)
Secs. 5-56--5-65. Reserved.
DIVISION 3. RABIES CONTROL*
. . . .
Sec. 5-67. Vaccination certificate.
At the time of vaccination of a dog or cat pursuant to
section 5-66, a certificate shall be issued to the owner of the
dog or cat, which certificate shall be properly executed and
signed by l:ªil¡LªY.p_i.i¡i¡ng¡¡:Mt@p.@#~öäfi~.:¡¡~¡¡:QÖIMì»IIHpl.jj¡1.Ii 1!t
currel1tly licel1sed vete:r:ihariah, and shall certify that the dog
or cat has been vaccinated as required by section 5-66. The
certificate shall show the date of vaccination, a brief
description of the dog or cat, and its sex and breed, and the
name of the owner of the dog or cat. A copy of such certificate
;,~,~~~,l b~o~~~l~1 a~f ~~~:~ t~h~11~e~~U~~y ~ ~1:ª!µlil!illllllililllll
!Ø!,,~t« which office duplicate copies may be obtail1ed by the dog' 5
or cat' 5 oWIJe:r:, UpOI1 payrnel1t of such fee as is prescribed by the
board of superviso:r:s.
(Code 1971, §§ 5-16, 5-30; Ord. No. 2135, 9-26-78; Ord. No.
51287-4, § 1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88)
Sec. 5-68. Impoundment of unvaccinated doqs or cats.
(a) Any dog or cat found in the county which is not
vaccinated as required in di vision shall be impounded by the
December 17, 1996
875
-
¢§.D.nJllwIW¡:::iliPli1§@t¡glIËI:¡@u ahÎlual cOhtrol officer or other
officer¡[{ al1d held at tl...e ahimal shelter for a period of seveh (7)
days. The dog or cat may be returned to its owner, upon proof of
ownership, vaccination of the dog or cat, and payment of the cost
of impounding the dog or cat. Such paYment shall not relieve the
owner from prosecution for violating section 5-66.
11t\'§g:i¡¡ At the expiratiol1 of the Se'\feh day period, dl1Y dog or cat
ÎIhpouhded uhder this sectioh dl1d not claimed by its owner Inay be
disposed of il1 accordahce wi tl... the pro'1isioll of section 3.1
796.96 of tIle Code of "vYirgihia c
(Code 1971, § 5-30; Ord. No. 2135, 9-26-78; Ord. No. 51287-4, §
1, 5-12-87; Ord. No. 72688-11, § 1, 7-26-88)
Sec. 5-69. Vaccination clinics.
The board of supervisors may provide for clinics for
the vaccination of dogs and cats under the supervision of the
§R.iñiilæ¡::¡!:!;'!~#¥¡i:ªêm!:g!I:~¡i!çD ahÎlLLal cOhtrol officer and the health
director and fix fees to be charged for services rendered at such
clinics.
(Code 1971, § 5-31; Ord. No. 51287-4, § 1, 5-12-87)
2. That this ordinance shall be in full force and
effect on and after January 1, 1997.
On motion of Supervisor Johnson to adopt the ordinance
with the addition of "electronic implant" on page 8, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
(b) Authorization to execute a contract with the
Roanoke Valley SPCA for the i~poundment of
animals. (Joseph Obenshain. Sr. Assistant County
Attorney)
A-121796-12.b
Supervisor Johnson moved to authorize execution of the
816
December 17, 1996
. ..-
contract with the SPCA.
The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance establishing a Board of ~peals and
establishing procedures and requirement to hear
appeals from decisions made under the provisions
of Chapter 9. "Fire Prevention and Protection" of
the Roanoke county Code. (Paul Mahoney. county
Attorney)
0-121796-13
Mr. Mahoney explained that a public hearing was
necessary because the proposed ordinance is imposing a fee for
these appeals. At the first reading the Board of Supervisors
designated themselves as the appeals body for decisions under the
Fire Prevention Code. Mr. Mahoney advised that in some
situations it may be necessary to schedule a special meeting to
hear the appeals.
Following discussion, Supervisor Johnson moved to adopt
the ordinance. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Minnix, Harrison, Nickens, Johnson
Supervisor Eddy
ORDINANCE 121796-13 ESTABLISHING A BOARD OF APPEALS AND
December 17, 1996
877
-
ESTABLISHING PROCEDURES AND REQUIREMENTS TO HEAR
APPEALS FROM DECISIONS MADE UNDER THE PROVISIONS OF
CHAPTER 9, "FIRE PREVENTION AND PROTECTION" , OF THE
ROANOKE COUNTY CODE
WHEREAS, section 27-98 of the Code of Virginia, 1950,
as amended, provides that a local governing body may establish
procedures and requirements for the administration and
enforcement of the Virginia statewide Fire Prevention Code; and,
WHEREAS, appeals concerning the application of this
Code by the County Fire Marshal shall first lie to a local board
of appeals and then to the State Building Code Technical Review
Board ; and,
WHEREAS, the Board of Supervisors of Roanoke County
hereby designates itself as a board of appeals and establishes
procedures and requirements for appeals of enforcement decisions
made under the provisions of Chapter 9, "Fire Prevention and
Protection" of the Roanoke County Code; and,
WHEREAS, the first reading of this ordinance was held
on December 3, 1996, and the second reading and public hearing of
this ordinance was held on December 17, 1996.
BE IT ORDAINED, BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, as follows:
1. That Chapter 9, "Fire Prevention and Protection"
of the Roanoke County Code is hereby amended by the addition of a
new section, section 9-21, "Appeals" to provide as follows:
section 9-21 Appeals.
(a) Any person aggrieved by a decision of the
Roanoke County Fire Marshal under the provisions of this Chapter
may file a written appeal with the clerk to the Board of
supervisors for review of the Fire Marshal's decision. The
written appeal must be filed within ten (10) days of the decision
of the Fire Marshall, in a manner and form to be specified by the
Fire and Rescue Chief.
(b) The written appeal must specify the grounds
for the appeal, and must be accompanied by the payment of the sum
of Twenty-Five ($25.00) Dollars in order to defray the costs of
such appeal.
(c) Upon receipt of the appeal the board shall
proceed at its earliest convenience to hear the appeal. The
board shall within three (3) working days render a decision in
accordance with its findings.
2. That this ordinance shall be in full force and
effect from and after December 17, 1996.
On motion of Supervisor Johnson to adopt the Ordinance,
and carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Nickens, Johnson
NAYS: Supervisor Eddy
878
December 17, 1996
_.
IN RE:
NEW BUSINESS
~ Resolutions rescinding resolution 111996-13 and
wi thdrawing the authorization to acquire a one
acre parcel of land from Randolph H. And Linda C.
vest for the country Farm Road Improvement project
by eminent domain proceedings.
R-121796-14
Mr. Mahoney advised that improvements to Country Farm
Road are no longer needed, and it is not necessary to go forward
with condemnation proceedings approved by the Board on November
19, 1996.
supervisor Harrison moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Mr. Mahoney was directed to draft a letter to Mr. and
Mrs. Vest for Chairman Johnson's signature.
RESOLUTION 121796-14 RESCINDING RESOLUTION 111996-13
AND WITHDRAWING THE AUTHORIZATION TO ACQUIRE A ONE ACRE
PARCEL OF LAND FROM RANDOLPH H. VEST, JR. AND LINDA C.
VEST FOR THE COUNTRY FARM ROAD IMPROVEMENT PROJECT BY
EMINENT DOMAIN PROCEEDINGS
WHEREAS, on November 19, 1996, the Board of supervisors
of Roanoke County adopted Resolution 111996-13 pursuant to Title
25 and sections 15.1-236 and 15.1-238 of the 1950 Code of
Virginia, as amended, authorizing the acquisition of a 1-acre
parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for
the Country Farm Road Improvements Project by eminent domain
proceedings; and
WHEREAS, based upon the recommendation and approval of
December 17, 1996
819
_I
the Virginia Department of Transportation, the improvements to
Country Farm Road for purposes of this project are no longer
necessary at this time; and
WHEREAS, the acquisition and condemnation of the Vest
property is no longer required as a result of the VDOT changes to
the road improvement project; and
WHEREAS, the County has not entered upon this real
estate; and
WHEREAS, the Board of Supervisors deems it in the best
interests of the public to rescind Resolution 111996-13.
NOW, THEREFORE, BE IT RESOLVED by the Board of
supervisors of Roanoke County as follows:
1. That the acquisition of this property for the
Country Farm Road Improvement Project is no longer necessary.
2. That Resolution 111996-13 is hereby rescinded and
the Board withdraws its authorization to acquire a one acre
parcel of land from Randolph H. Vest, Jr. and Linda C. Vest for
the Country Farm Road Improvement Project by eminent domain
proceedings.
3. That this Resolution is effective immediately upon
its adoption.
On motion of Supervisor Harrison to adopt, the
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Resolution concurrinq in the extension of the
statute of limitations on behalf of the Kroqer
Co.. for the purpose of applying for relief from
an assessment of license taxes.
R-121796-15
Mr. Mahoney reported that the Commissioner of the
Revenue has been negotiating with Kroger Company concerning BPOL
taxes paid in 1993.
The statute of limitations expires on
December 31, 1996 and staff is requesting 90 days additional time
to work out a solution with Kroger.
In response to a question
from Supervisor Eddy, Mr. Mahoney advised that the Board has the
880
December 17, 1996
t:=
authority to extend the statute of limitations.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-15 CONCURRING IN THE EXTENSION OP THE
STATUTE OF LIMITATIONS ON BEHALP OP THE KROGER CO., AN
OHIO CORPORATION, FOR THE PURPOSE OP APPLYING FOR
RELIEF FROM AN ASSESSMENT OF LICENSE TAXES
WHEREAS, the Commissioner of the Revenue has assessed
The Kroger Co., an Ohio corporation, (the "Company") with certain
business, professional and occupational license taxes (" license
taxes") for the tax year 1993; and,
WHEREAS, the Company has raised certain objections with
respect to the assessment of these license taxes, and has sought
a refund thereof; and, ,
WHEREAS, the Commissioner of the Revenue, the county of
Roanoke and the Company seek amicably to resolve this dispute
wi th respect to these license taxes; however, the statute of
limitations for filing an application for relief to the circuit
court from this assessment expires on December 31, 1996 in
accordance with the provisions of section 58.1-3984, of the Code
of Virginia, 1950, as amended.
NOW THEREFORE, Be It Resolved, by the Board of
Supervisors of Roanoke county, as follows:
1. That the Board concurs in extending the applicable
statute of limitations for the filing of an application for
relief to the circuit court by The Kroger Co. from an assessment
of license taxes for the tax year 1993 for a period of time not
to exceed three months, until March 31, 1997.
2. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish the purposes of this resolution, in
conjunction with the Commissioner of the Revenue, all upon from
approved by the County Attorney.
On motion of Supervisor Johnson to adopt the
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Request to approve an amendment to the Regional
Wastewater Treatment Contract.
(Gary Robertson.
December 17, 1996
881
utility Director)
R-121796-16
Mr. Robertson explained that this amendment will base
the participating locality's final flow allocation on a
percentage of the total permitted plan capacity when the permit
is amended.
Supervisor Eddy suggested removing the language in the
resolution related to the allocation of total project costs among
the parties.
Supervisor Harrison moved to approve the contract with
Supervisor Eddy's suggestion that resolution be amended to remove
"allocations of total project costs among the parties" language.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-16 APPROVING AND AUTHORIZING
AMENDMENTS TO THE REGIONAL SEWAGE TREATMENT CONTRACT ON
BEHALF OF THE COUNTY OF ROANOKE WITH THE CITY OF
ROANOKE, THE CITY OF SALEM, THE COUNTY OF BOTETOURT AND
THE TOWN OF VINTON
WHEREAS, by Resolution 101194-1 adopted on October 11,
1994 the Board of Supervisors approved and authorized the
execution of a regional sewage treatment contract, dated November
1, 1994, on behalf of the County of Roanoke with the City of
Roanoke, the City of Salem, the County of Botetourt, and the Town
of Vinton; and,
WHEREAS, the parties to this contract desire to amend
this contract to reflect certain changes to the capacity of the
regional sewage treatment plant, and the allocations of capacity
in said plant among the parties., and the allocatiohs of total
project costs among the parties.
NOW THEREFORE, BE IT RESOLVED, By the Board of
Supervisors of Roanoke County, as follows:
882
December 17, 1996
-
'.
..~~---~.- -.
-
1. That the amendments to the regional sewage
treatment contract dated November 1, 1994 on behalf of the County
of Roanoke with the city of Roanoke, the city of Salem, the
County of Botetourt and the Town of vinton are hereby approved
and authorized. These amendments address certain changes to the
capacity of the regional sewage treatment plant, and the
allocations of capacity in said plant among the parties., aIJd the
allocatiohs of total pI: oj ect costs aIhong the pat: ties.
2. That the Chairman of the Board of supervisors is
hereby authorized to execute this amendment to the contract on
behalf of the citizens and Board of supervisors of the County of
Roanoke, subject to the review and approval of the final contract
amendment by the County Administrator and the County Attorney.
3. That the Clerk to the Board of supervisors is
directed to mail a certified copy of this resolution to the
Clerks for the City Councils of the City of Roanoke and the city
of Salem, the Town Council of the Town of Vinton, and the Board
of supervisors of the county of Botetourt.
On motion of Supervisor Minnix to approve the contract
with supervisor Eddy's suggestion that Resolution be amended to
remove allocations of total project costs among the parties, and
carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
L.
Resolution
authorizing
and
approving
the
settlement of a license tax claim against Cox
Cable Roanoke.
R-121796-17
Mr. Mahoney advised that Cox Cable and the Board had
negotiated a settlement to the claim against Cox Cable for
payment of BPOL taxes as follows:
(1) paYment of a lump sum for
1996 and 1995 representing ~ of the taxes due; and (2) that Cox
Cable be classified as a retailer for purposes of paying license
taxes in the future. Mr. Mahoney advised that Supervisor Nickens
made several amendments to the proposed resolution prior to the
meeting.
December 17, 1996
8SJ
Supervisor Minnix moved to adopt the resolution as
amended by Supervisor Nickens.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 121796-17 AUTHORIZING AND APPROVING THE
SETTLEMENT OF A LICENSE TAX CLAIM AGAINST COX CABLE
ROANOKE
WHEREAS, the Commissioner of the Revenue and the Board
of supervisors of Roanoke County, Virginia (the "County") and Cox
Cable Roanoke ("Cox") have disagreed with respect to the
liability of Cox for business, professional and occupational
license taxes; and,
WHEREAS, the County and Cox desire t.o settle this
dispute amicably in order to avoid the expenses and uncertainty
of litigation; and,
WHEREAS, the County and Cox have negotiated a
settlement of their dispute.
NOW THEREFORE, Be It Resolved, By the Board of
Supervisors of Roanoke County, as follows:
1. That in settlement of this dispute (a) Cox agrees
to pay to the County the sum of $32,725.00 to satisfy any
liability for license taxes for 1996 and a tax at .20 per hundred
for the period of July 1, 1995, through December 31, 1995; (b)
the Commissioner of the Revenue and Cox agree that Cox be
classified as a Retailer under Chapter 10, "LICENSES", of the
Roanoke County Code; (c) Cox agrees to withdraw any objection to
this classification or assessment and levy of license taxes by
the Commissioner and the County; (d) Cox agrees to pay said
license taxes under the Retailer classification beginning January
1, 1997; and (e) this license tax shall not be reflected on the
monthly bills of any cable television customers.
2. That the County Administrator is hereby authorized
to execute such documents and take such actions as may be
necessary to accomplish the purposes of this resolution, in
conjunction with the commissioner of the Revenue, all upon form
approved by the County Attorney.
On motion of Supervisor Minnix to adopt the Resolution
as amended by Supervisor Nickens, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
884
December 17, 1996
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~ Resolution authorizinq the County Administrator to
execute an extension to the lease in the Salem
Bank and Trust Co~any for the Department of
Social Services. (John Chambliss. Assistant County
Administrator)
R-121796-18
Mr. Chambliss requested authorization to extend the
lease with Salem Bank and Trust for office space for the Social
services Department for six months until August 31, 1997.
supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: supervisor Johnson
RESOLUTION 121796-18 AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE AN EXTENSION TO THE LEASE IN
THE SALEM BANK AND TRUST BUILDING FOR THE DEPARTMENT OF
SOCIAL SERVICES
WHEREAS, the Board of Supervisors approved Ordinance
12390-4 authorizing the execution of a lease for office space for
the Roanoke County Department of Social Services to be housed in
the Salem Bank and Trust Building for an initial term from March
1, 1990 through February 28, 1994 with renewal options with
specific rental rates extending through February 29, 2000; and
WHEREAS, by an amendment entered into on the 1st day of
November, 1995, the term of this lease shall end on February 28,
1997; and
WHEREAS, section 18.04 of the County Charter requires
the adoption of an ordi!lance to acquire an interest in real
estate, however, that after such ordinance shall have taken
effect, all subsequent proceedings incidental thereto may be
taken by resolution of the Board; and
WHEREAS, the County desires to extend the lease of
14,762 square feet of space in this facility according to the
rates, terms and conditions defined in the original lease for a
December 17, 1996
885
period of time not to exceed August 31, 1997.
NOW, THEREFORE BE IT RESOLVED by the Board of
supervisors of Roanoke County that the County Administrator is
hereby authorized to execute the necessary documents authorizing
an extension of the lease of said 14,762 square :feet of office
space in the Salem Bank and Trust Building for use by the
Department of social Services or other public purpose of the
County for a period of time not to exceed August 31, 1997, in
accordance with the rates, terms and conditions of the original
lease upon form approved by the County Attorney.
On motion of supervisor Minnix to adopt the Resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
IN RE:
MEETING WITH ROANOKE VALLEY LEGISLATORS
There was discussion on issues to emphasize during the
January 2, 1997 meeting with the Roanoke Valley legislators. Mr.
Mahoney will send a list of the issues to the members of the
Board who will rank the items and return their priorities to Mr.
Mahoney prior to the meeting.
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 8:34
p.m.
Submitted by,
Approved
~~.~
ß&h·
Mary H. Allen, CMC
Clerk to the Board
Bob L. Jo
Chairman
886 _____
December 17, 1996
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