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HomeMy WebLinkAbout7/27/1993 - Regular ~ July 27, 1993 449 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 July 27, 1993 The Board of Supervisors of Roanoke County, Virginia, met I this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of July, 1993. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations I ..... II"" 4,50 July 27, 1993 ~ IN RE: OPENING CEREMONIES The invocation was given by Supervisor Nickens. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix directed the staff to bring back recommendations at the August 24, 1993 meeting towards securing regional cooperation to send aid to the Midwest because of the flood conditions. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ ReceiÞt of safetv Performance Award from Virqiniall Municipal Liabilitv Pool. (Marqaret Nichols, Administrator) Ms. Nichols presented the Safety Performance Award to Chairman Minnix. She advised that Roanoke County is the only member to win the award for four consecutive years. ~ Resolution Declaring the Weekend of Julv 31 - August 1, 1993 as "The Battle of South Salem". R-72793-1 The resolution was accepted by Sgt. vic Middlekoff, Sgt. Greg Gallion, and Lt. Jim Tate who were dressed in authentic civil War uniforms, representing the re-enactors of the Battle of South Salem. I .... I ""II1II July 27, 1993 45 ,1 4 Supervisor Nickens moved to adopt the resolution. The motion carried by' a unanimous voice vote. RESOLUTION 72793-1 DECLARING THE WEEKEND OF JULY 31 - AUGUST 1, 1993, AS "THE BÀTTLE OF SOUTH SALEM" WHEREAS, on June 21, 1864, Confederate forces, under the leadership of Major General Jubal Early, and Union forces, under the leadership of Maj or General David Hunter, engaged in a battle at Hanging Rock, near the present intersection of Routes 311 and 419 in Roanoke County; and WHEREAS, prior to that battle, there was a skirmish near the confluence of Peter's Creek and th~ Roanoke River, also in Roanoke County, known as Hunter's Raid or the South Salem Engagement; and WHEREAS, both events were important to the course of the civil War in Southwest Virginia; and WHEREAS, on July 31 and August 1, 1993, there will be a re- enactment of the Battle of South Salem at Green Hill Park in Roanoke County; and WHEREAS, the event draws a crowd of between 5,000 and 6,000 spectators and 500 re-enactors and contributes to the tourism efforts of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby declare the weekend of July 31 - August 1, 1993, as "THE BATTLE OF SOUTH SALEM", and extends its best wishes for an authentic and successful re-enactment of the event. On motion of Supervisor Nickens to adopt the resolution, and I carried by a unanimous voice vote: . ~ II"" 452 July 27, 1993 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Resolution of ADDreciation to Reta R. Busher for Her service to Roanoke county from 1984-1993. R-72793-2 Chairman Minnix presented the resolution to Ms. Busher. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-2 OF APPRECIATION TO RETA R. BUSHER FOR HER SERVICES TO ROANOKE CO~Y FROM 1984-1993 I WHEREAS, Reta Busher has worked for Roanoke County since September, 1984, beginning· her career as a budget analyst, and rising to the position of Director of Management and Budget; and WHEREAS, Ms. Busher has accepted a position as Director of Management and Budget of Henrico County, and will be leaving Roanoke County on August 20, 1993; and WHEREAS, during her time with Roanoke County, Ms. Busher has been involved in a variety of issues and events of importance to the County, including the All America City Presentation, the consolidation issue, and the bond referendums of 1985, 1986 and 1992; and WHEREAS, throughout her career, Ms. Busher has been a valuable and dedicated employee of Roanoke County, and she will bel missed by the Board and the staff; and .... II I ""II1II July 27, 1993 453 WHEREAS, Ms. Busher also expended time and energy for the betterment of the entire Roanoke Valley, particularly through her work with TRUST, the Jaycees, and the Regional Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, extends its appreciation to RETA R. BUSHER for the dedication and service which she has provided to the Board, the citizens and the staff of Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Ms. Busher as she assumes her new position in Henrico County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: BRIEFINGS ~ Briefinq on ImDrovements to the C&P TeleDhone System. (Don Reid, Manaqer) Mr. Reid described changes in C&P's long-range plans due to recent legislation which allows a different method of regulating telephone companies. Among the changes, he advised that toll charges in contiguous exchanges will be eliminated. ~ Ouarterly ReDort on 1991 Water Pro;ects. (Clifford Craiq, utility Director) A quarterly update on the Spring Hollow Reservoir Project, ~ II"" 45 It July 27, 1993 the Water Treatment Plant, and the Water Transmission Line was presented by Mr. Craig and Ted Petosky, Project Manager. h Quarterl y ReDort on Roanoke Valley Resource Authority Solid Waste Facilities. (John Hubbard, CEO, RVRA) Mr. Hubbard presented the quarterly status report. He ¿ advised that the' Part B Permit, for the smith Gap Landfill was received July 7, 1993. IN RE: NEW BUSINESS ~ 'Request for ADDroval to Submit ISTEA TransDortation Enhancement Proqram ADDlications for Roanoke County Proiects. (Terry Harrinqton, Planninq & Zoninq Director) R-72793-3 I Mr. Harrington advised that about $7 million a year through 1996 is now available in competitive grants from the federal Intermodal Surface Transporation Efficiency Act (ISTEA) for projects that enhance the physical environment or go beyond a normal transportation improvement project. Up to 80% of a project can be financed with a 20% match and the County would be responsible for any cost overruns. He advised that five projects have been evaluated and ranked by staff with a total cost of $246,000 and requiring $49,200 for the 20% match. Since these applications must be approved by the local governing body, he requested endorsement by resolution of the project applications and their rankings. Supervisor Nickens moved to approve and adopt resolution. The motion carried by the following recorded vote: the I ..... II II ""II1II July 27, 1993 455 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-3 APPROVING THE SUBMISSION OF FIVE ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATIONS. BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary. that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the County of Roanoke, Virginia. WHEREAS, the ,County of Roanoke is submitting five transportation enhancement project applications and hàs reviewed and prioritized the applications. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, requests the Commonwealth Transportation Board to establish the following improvement projects: Green Hill Park, with priority #1 Vinyard Park, with priority #2 Goode Park Trail, with priority #3 Starkey/Shell Park, with priority #4 Roadside Dumps, with priority #5 BE IT FURTHER RESOLVED, that the County of Roanoke, Virginia hereby agrees to pay 20 percent of the total cost for planning and design, right-of-way, and construction of these projects, and that, if the County of Roanoke, Virginia ~ r- 456 July 27, 1993 subsequently elects to cancel this project, the County of Roanoke, Virginia hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On motion' of Supervisor Nickens to 'adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Request for ADDroval to Submit ISTEA Transportation Enhancement Proqram ADDlication for the River Foundation. (Elmer Hodqe, county Administrator) R-72793-4 Mr. Hodge advised that the River Foundation intends to submit an application for ISTEA funds for a light vehicle and pedestrian wooden bridge at the Explore Park. This application must be approved by the local governing body. The cost of this project is $250,000 and the River Foundation intends to use the $50,000 approved in the County's 1993-94 budget as the matching funds. The River Foundation will be responsible for any cost overruns on the project. He asked that the Board endorse by resolution the River Foundation's application. Supervisor Nickens moved to approve and adopt the resolution. The motion carried by the following recorded vote: ~ I I I ""II1II July 27, 1993 457 4 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-4 ENDORSING THE SUBMISSION OF AN ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION BY THE RIVER FOUNDATION WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the County of Roanoke, Virginia; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the County of Roanoke, Virginia requests the Commonwealth Transportation Board to establish a project for the improvement of a light vehicle and pedestrian wooden bridge at the Explore Park; and 2. That the County of Roanoke, Virginia hereby agrees to pay 20 percent of the total cost for planning and design, right-of-way and construction of this project, up to a maximum of $50,000 which was approved for Explore Park capital expenses by the Board of Supervisors in their fiscal year 1993-94 budget; and 3. That the County of Roanoke, Virginia will not be held responsible for additional funds beyond that amount; and 4. That by letter dated July 22, 1993, the River Foundation- agrees to be responsible for cost overruns associated I with the projects, and if the River Foundation subsequently ~ II"" 458 July 27, 1993 elects to cancel this proj ect, the River Foundation agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Resolution Authorizing' the Execution of an Agreement between the Town of vintonJ the city of Roanoke, and the County of Roanoke Relocatinq the Boundary Lines Between Said Governmental Entities. (Paul Mahoney, County Attorney) R-72793-5 Supervisor Nickens moved to adopt the resolution. Following comments, the motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-5 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF VINTON, THE COUNTY OF ROANOKE, AND THE CITY OF ROANOKE RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, .... I I I I "'II1II July 27, 1993 45 9 Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke, City of Roanoke, and Town of vinton desire to petition the Court for approval to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton, and the County of Roanoke; and WHEREAS, the relocation of the boundary line of such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, the governing bodies of the City and the Town I have adopted measures reflecting their desires to relocate and change a portion of the boundary line between the County, City and Town as requested' by certain property owners wi thin said areas; and WHEREAS, the Town of Vinton and City of Roanoke have agreed to the boundary relocation by action of their respective governing bodies. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is. hereby authorized to execute an agreement between the City of Roanoke, the Town of Vinton, and the County of Roanoke, in form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly described in the plat showing a boundary map line adjustment Area I containing 33.80 acres and plat showing boundary map line ..... II"" 460 July 27, 1993 ~ adjustment Area II, between the City of Roanoke, the Town of Vinton, and the County of Roanoke, all of which is incorporated by reference herein. 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon the agreement being duly executed by the Mayor for Roanoke city, the Mayor of the Town of Vinton, and the Chairman of the Board of Supervisors for the County of Roanoke, said executions to be authorized by appropriate measures passed by the respective jurisdictions, the description of such aforesaid boundary line will be' duly published as required by §15.l-l03l.2 of the State Code. 4. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary. line in accordance with the plats and the agreement. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order shall be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed ~ I I I I ~ July 27, 1993 46 f to forward an attested copy of this resolution to the Town Clerk of the Town of vinton and the City Clerk of the City of Roanoke. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: OLD BUSINESS ~ Request for ReadoDtion of the Public Private PartnershiD Policy. (Continued from JulY 13, 1993) (Tim Gubala, Economic DeveloDment Director) R-72793-6 Mr. Gubala advised that the majority of Supervisor Eddy's modifications requested at the July 13, 1993 meeting have been incorporated into the expanded policy. This policy will now include non-manufacturing companies, tourism related industries and acti vi ties and employment training. He requested that the Public Private Partnership Policy be readopted by resolution. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-6 READOPTING A PUBLIC PARTNERSHIP POLICY FOR ROANOKE COUNTY PRIVATE WHEREAS, the expenditure of public funds for the general purpose of 'promoting Roanoke County's commercial, ~ II"" 462 July 27, 1993 industrial, and business development is a lawful, valid, public purpose; and WHEREAS, Ordinance No. 81286-169 authorizes the payment of a portion of the total water connection fee by resolution of the Board of Supervisors of Roanoke County, Virginia, for certain commercial or industrial projects which are determined to be in the best interests of the County's economic development and which generate significant employment; and, WHEREAS, Resolution 22790-1 adopted a broader public private partnership policy for encouraging economic development in Roanoke County; and, WHEREAS, modification of this policy to establish revised guidelines and criteria will prove beneficial in determining the scope of local incentives in the negotiations for economic development projects. BE IT RESOLVED by the Board of Supervisors of Roanoke çounty, Virginia, as follows: That the Board hereby readopt and establish the following "Roanoke County Public Private Partnership Policy" in order to provide policy criteria and guidance in applying the provisions of the Roanoke County Code in negotiations concerning local incentives for economic development projects. ROANOKE COUNTY PUBLIC PRIVATE PARTNERSHIP POLICY Purposes: 1. Roanoke County may fund part of site development costs for public improvements, roads, and off site facility fees for water and sewer for a qualifying industry or ~ I I I I "'l1lI July 27, 1993. 463 ~ 2. business that meets the evaluation criteria for public private (PIP) partnerships. Roanoke County may encourage'the creation or retention of jobs of qualifying companies within the community which employ a significant number of employees through assistance with employment training. 3. Roanoke County may support tourism related industry / destination activities that provide a range of attractions for visitors from outside the Roanoke Valley. Ap-plications: A business or industry may apply for County assistance by addressing a letter to the Director of Economic Development that indicates: a. a description of the business or tourism activity to be conducted on the site b. total capital investment in real estate (land, building) machinery and tools and anticipated personal property and/or other taxes paid on site c. total employment and annual payroll and jobs to be created or retained d. specific water and sewer needs and/or capacity) or other assistance required size line facility (Le. , public e. date of construction and/or start-up (if in an existing building) f. if applicable, the terms of any lease to ensure that the company will occupy the building during the period calculated for payback. Review: The Director of Economic Development, upon consultation with the County Administrator and other County staff, will review the request for participation to determine the extent of Roanoke County's funding. An ev~luation method based on anticipated taxes (real estate, machinery and tools and personal property), payback, number and type of employees, likelihood of future growth, and other factors will be used. The County may participate in up to 50% of public improvement costs of the project if payback occurs within the first three years of the new ~ II"" 464 July 27, 1993 proj ect. Participation in proj ects with paybacks longer than three years shall be a reduced level. All applications are subject to restrictions by the amount of the County's budget appropriation for this purpose. Areas of Partnership Assistance: 1. Physical improvements and fees: If approved, Roanoke County may fund part of; a. water and sewer line extensions b. water, fire, and sewer utility connection fees c. public road construction and required drainage structures d. traffic control devices such as signals and related equipment e. employment training/retraining Requests for assistance with employrilÈmt training and retraining of new and/or relocated employees may be considered. Amounts and priority of funding will depend on the salary/wage rate to be paid, the number of permanent full time jobs created, relocated or retained, and availability of matching funds from the state of Virginia and federal funds. County training funds will not be directly paid to a company, but will be appropriated to a training agency, state agency or economic development organization recognized by the Board of Supervisors. 2. criteria for determination: a. No proj ects will be considered which are determined to produce significant environmental pollution, public nuisance or excessive demands for local public services. b. Excess County payments under the Public Private Partnership Policy will be refunded by the applicant if actual tax revenues do not meet the above criteria. c. All applications for payments of costs for physical improvements and/or fees which comply wi th the above criteria will be approved by the .... I I I I "'l1lI July 27, 1993 465 County Administrator upon the recommendation of the Director of Economic Development. d. Applications which fall outside the criteria stated above, but which are considered by the County Administrator and Director of Economic Development to have merit, will be submitted to the Board of Supervisors for consideration. e. Tourism projects will be evaluated on the. basis of expected visitation and concentration of tourism activities in areas proposed by the Economic Development Strategy, as well as other cri teria for new jobs and anticipated tax revenues. f. Public Private Partnership funds shall be paid after the approval of the required site plan and at the time that a building permit is issued for the project. Industrial Park Development Off-site fees of jointly developed parks shall not be held as a portion of the total cost of the project and thus not a portion of the payback equation. Such assistance shall be funded after the approval of the required site plan and at the time a building permit is issued for the project. Limitations: Roanoke County will not pay for any private sewage pre-treatment facilities or waive any ordinances requiring fire protection or industrial discharge certification. Fundinq Sources: Roanoke County shall fund its participation from the General Fund from anticipated tax revenue, or from an Economic Development Fund or other special non-utility funds. There is an intent to continue the maintenance of a fiscally sound utility enterprise fund to provide water and sewer service to County utility customers. (This provision is authorized by County Code Chapter 22 as amended by Ordinance 8-12-86-169, Section 3b.) Aqreement: A written agreement on a form approved by the County Attorney will be required to specify terms of each Public Private Partnership. On motion of Supervisor Nickens to adopt the ~ II"" 466 July 27, 1993 resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix 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 public hearing for August 24, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Authorizing' a SDecial Use Permit to ODerate an After School Day Care Proqram, Located at 3520 Peters Creek Road, Catawba Maqisterial District, UDon the Petition of Melrose Baptist Church Trustees. I IN RE: FIRST READING OF ORDINANCES ~ Ordinance Authorizinq Acauisition of Necessarv Easements to Construct the South Transmission Line. (Cliff Craiq, Utility Director) There was no discussion. Supervisor Johnson moved to approve the first reading and set the second reading for August 24, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None ~ I I "'l1lI July 27, 1993 461 ~ Ordinance Amendina' and Reenactina' section 12-8, AdoDtinq of state Law of Article I, of ChaDter 12, Motor Vehicles and Traffic of the Roanoke county Code. (Paul Mahoney, County Attorney) Mr. Mahoney advised that this ordinance is necessary to incorporate the latest amendments to the Code of Virginia made by the General Assembly. There was no discussion. Supervisor Nickens moved to approve the first reading and set the second reading for August 24, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance Amendinq and Reenacting Article V. Binqo Games and Raffles of ChaDter 4, Amusements of the Roanoke county Code. (Paul Mahoney, County Attorney) Mr. Mahoney advised that this ordinance is necessary to incorporate the latest amendments to the Code of Virginia made by the General Assembly. There was no discussion. Supervisor Nickens moved to approve the first reading and set the second reading for August 24, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Eddy requested that staff bring back to the ~ II"" 46,8 July 27, 1993 second reading S9me alternatives having to report their complete application. to prevent membership applicants list with from the IN RE: SECOND READING OF ORDINANCES ~ Ordinance Amendinq and Reenactinq section 5-21, Definitions and 5-44, Tax ImDosed, Addinq Sections 5-26.1 to 5-26.5 and ReDealinq section 5-26 of Article II. Doas. Cats and Other Animals of ChaDter 5, Animals and Fowl of the Roanoke county Code to Control Danqerous and vicious Doqs. (Kenneth Hoqan, Chief Animal Control Officer) I 0-72793-7 Mr. Joe Obenshain, Assistant County Attorney, advised that Sec. 5-26.2. b was added to the ordinance. This section requires an applicant to file with the Treasurer an insurance certificate when obtaining a dangerous dog license. There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens suggested that before purchasing the special dog tags, the County Treasurer might communicate with the Roanoke City Treasurer to determine if he has a surplus of tags. II ORDINANCE 72793-7 AMENDING AND REENACTING ~ ~ I I "'l1lI July 27, 1993 469" SECTXONS 5-21, DEFINITIONS, AND 5-44 TAX IMPOSED, ADDING SECTIONS 5-26.1 TO 5-26.5 AND REPEALING SECTION 5-26 OF ARTICLE II. DOGS, CATS AND OTHER ANIMALS, OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANOKE COUNTY CODE TO CONTROL DANGEROUS AND VICIOUS DOGS. WHEREAS, injury or death to innocent children and adults has become a more serious problem in the Roanoke Valley in recent years; and WHEREAS, the current definition of vicious dog contained in Sec. 5-26 of the Roanoke County Code is not sufficiently. detailed or c?mprehensive to deal with the many and varied situations which the County's Animal Control Officers are called upon to handle; and WHEREAS, neighboring jurisdictions to the County of Roanoke have recently amended their animal control ordinances to expand the power of their Animal Control Officers to deal with dangerous and vicious dogs; and WHEREAS the first reading of this ordinance was held on July 13, 1993; and the second reading on July 27, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article II. Doqs. Cats. and Other Animals of Chapter 5, ANIMALS AND FOWL of the Roanoke County Code be amended and reenacted as follows: Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this ~ r- 470 July 27, 1993 ~ section, unless otherwise indicated to the contrary: Danqerous dog: Any dog (1) which causes a wound to any person without provocation on public or private property; (2) which, while off the property of its owner, has killed a domestic animal; (3) which is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; ( 4 ) which, unprovoked, chases or approaches persons upon the streets, sidewalks, or any public or private property other than the owner's property in a menacing fashion or apparent attitude of attack; (5) which has a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of human beings or domestic animals; or (6) which has been declared dangerous by any General District Court or Circuit Court of this Commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), (3), (4), or (5) above shall be a "dangerous dog" even though not previously found dangerous by any Court. . . . . vicious doq: Any dog which ( 1) kills a person; (2) inflicts serious wound to a person, including m\Ü tiple bites, disfigurement, impairment of health, or impairment of any bodily function; (3) continues to exhibit the behavior which resulted in a previous finding by a Court that it is a dangerous dog; or (4) which has been found vicious by any General District Court or Circuit Court of this Commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), or ~ I I I I "'l1lI July 27, 1993 47:1 .... (3) above shall be a "vicious dog" even though not previously found vicious by any Court. See. 5 26. Vieieus de!s. It chall BC unlawful for any OYRcr to ]teep wi thin the county any dOEJ which io ]mowR to be viciouD or which haD evidenced a diopooition to attac]t human BcinEJf3 or to ]dll or .:lttac]t ather .:lnimalo. Upon con~.~iction of any miner ao a viol.:ltor of thia oection, the jUdEJe of the court trying the C.:loe may order the animal control officer or other officer to humanely ]till ouch ~ Sec. 5-26.1. vicious dogs; dog; penalties; Dangerous procedures. (a) Danqerous doq. 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 penalties imposed, order the dog's owner to comply with 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 doq. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit ..... r- 472, July 27, 1993 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 penalties imposed, order the animal control 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 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 animal control officer 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 animal control officer and/or police officer. In the event any 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. 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 ~ I I I I ""II1II July 27, 1993 473 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 Sec. 5-26·.3 (c) . The Treasurer shall immediately forward such certificate to the County's Risk Manager for review and filing. The Risk Manager shall immediately notify the animal control officer of any noncompliance with the provisions of Sec. 5-26.3(c) of which the Risk Manager becomes aware. 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 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 b"e kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two ~ ll""J 474 July 27, 1993 ~ (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 $50,000 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 request, display such policy and certificate to any animal control officer or police officer. (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide the animal control officer with a color photograph 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 ~ I I I I "l1li July 27, 1993 475 interfere with its vision or respiration. (f) The owner of any dangerous dog shall notify the Animal Control Department within twenty-four (24) hours if such dog is loose or missing; if such dog has attacked or wounded 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 Animal Control Department with 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. I f the owner of a dangerous dog moves such dog to a different address, such owner shall notify the Animal Control Department of such fact and the new address wi thin twenty-four (24) hours. (g) The animal control officer and/or police officer shall 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 animal control 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 ~ II"" 47 ~ July 27, 1993 keeping of a dangerous dog are not being met. 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 animal control officer or police officer. Sec. 5-26.5. Exceptions. (a) No dog shall be deemed or declared to be a dangerous dog or vicious dog if the threat, wound, injury or damage was caused by any person who, at the time, was (1) assaulting the owner of the dog, (2) committing a willful trespass or tort upon the premises of the owner of the dog, or (3) provoking, abusing, or assaulting the dog or can be shown to II have repeatedly provoked, tormented, or abused the dog at other times. (b) No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner's property, shall be found to be a dangerous dog or vicious dog. (c) This Section shall have no application to any dog owned by a federal, state, or local law enforcement agency. (d) No dog shall be found to be a dangerous dog or a vicious dog solely because it is a particular breed. Sec. 5-44 Tax imposed. (a) An annual license tax is hereby imposed on dogs I required to be licensed under this division in the following ~ ~ \ ~ 4 7-1 ,,~ July 27, 1993 amounts: I I (6) Dangerous dog, as declared by any General District Court or Circuit Court of this Commonwealth: Fifty Dollars ($50.00) (in addition to the other applicable fees herein). . . . . 2. This ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS ~ Community Corrections Resource Board. Supervisor Eddy nominated Edmund Kielty to serve another one-year term as an regular member, and Mrs. Chris Pickard to serve another one-year term as an alternate members. Both terms will expire August 31, 1994. ~ Social Services Advisory Board. Supervisor Johnson nominated Mary Anderson to serve a four-year term representing the Hollins District. Her term will expire August 1, 1997. IN RE: CONSENT AGENDA ~ II"" 478 July 27, 1993 ~ R-72793-8 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, a~ follows: 1. That the certain section of the agenda of the Board of Supervisors for July 27, 1993, designated as Item M - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section, designated Items 1 I through 4, inclusive, as follows: 1. Confirmation of Appointments to Social Services Advisory Board. 2. Resolution of Support and Endorsement of Richmond County's Resolution for Continued State Funding of Programs to Accelerate the Installation of Dry Fire Hydrants. 3. Donation of Water and sanitary Sewer Easement on Parcel A, Located on Glen Heather Drive. 4. Donation of Drainage Easement in Connection with Homeland Hills Road Project. 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 II this resolution. ~ ""II1II July 27, 1993 479\· On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-8.b RICHMOND COUNTY'S FUNDING OF PROGRAMS DRY FIRE HYDRANTS OF SUPPORT AND ENDORSEMENT OF RESOLUTION FOR CONTINUED STATE TO ACCELERATE THE INSTALLATION OF WHEREAS, a dry hydrant is a nonpressurized pipe system that is installed in an existing lake, pond, or stream to provide an easily accessible source of year-round water for firefighting; and WHEREAS, with installation of dry fire hydrants, II homeowners and property owners would receive improved fire protection that would reduce loss of life and property; and WHEREAS, the General Assembly passed legislation in 1992 which requested a plan be developed that identified the needed network of dry hydrant sites in the Commonwealth; ànd WHEREAS, the Virginia Department of Forestry completed an inventory that documented the need for 3,678 dry hydrant installations at an estimated cost of $7.3 million; and WHEREAS, the state appropriated funds to be spent in FY 1993 and FY 1994 to initiate a demonstration program which provided cost share monies to fire departments to install dry hydrants. I NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, supports and endorses ~ r- 480 July 27, 1993 the Richmond County Board of Supervisors' resolution for continued state funding of programs which encourage and enable fire departments to install dry hydrants; and BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors requests that the Virginia Association of Counties add to their 1994 legislative agenda a resolution of support for state funding of programs that enable and encourage fire departments to accelerate the installation of dry fire hydrants. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddy: He advised that the Rural Transportation Planning Advisory Committee of the Fifth Planning District Commission had its first meeting on July 14, 1993. Supervisor Eddy was elected Chairman and Mr. Burge, Alleghany County Administrator was elected Vice-Chairman. Supervisor Kohinke: (1) He advised that he worked Saturday as a volunteer at the Commonwealth Games and urged continued support for the Games to be held in Roanoke. He commended Marcia Patton, Parks & Recreation Department, and Ed Hastings, volunteer, for their efforts. (2) He thanked Mr. Hodge for the response to Mr. Sligh's letter, and asked for suggestions on responding to the most recent letter from Mr. .... ~ I I ""'l1lI July 27, 1993 48 1 Sligh. (3) He advised that he will be on vacation between now and the next board meeting, 8/24/93. Supervisor Minnix: He advised that he visited some of the precincts in his district and from information received, he thinks that the citizens have not changed their minds and they would not support consolidation. He expressed his desire to cooperate with the Valley governments. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports after discussion of Items 1, 5, and 6. The motion carried by a unanimous voice vote. II ~ General Fund Unapproþriated Balance Supervisor Nickens requested that future reports include the goal of 6.25% in a dollar amount. I ~ CaDitalFund UnapproDriated Balance h Board Continqenèy Fund .L. Accounts Paid - June, 1993 h Re~ort on Private Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Proqram. ~ ReDort on Bond Proiects. IN RE: EXECUTIVE SESSION At 4: 30 p.m., Supervisor Johnson· moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (7) To discuss specific legal matters requiring the ...l11lI II"" 482 July 27, 1993 provision of legal advice by the County Attorney and briefings by staff members: (a) concerning actual litigation, namely the Grumman case; (b) concerning negotiations of a contract for the expansion of the sewage treatment plant; (c) concerning potential litigation, annexation; (d) concerning potential litigation, business license taxation; and (e) concerning pending litigation, Sigmon, Boone & Beasley cases. (3) To discuss the use of real property, namely extension of an existing lease. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-72793-9 At 7: 05 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 Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-9 CERTIFYING EXECUTIVE MEETING WAS HELD .IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The V.irginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia ..... I I "'l1lI July 27, 1993 483 requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board o~ Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were I heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: I AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES ~ Ordinance Amendinq and Reenactinq Ordinance 82592- 12 , The Zoninq ordinance for Roanoke Countv, bv the AdoDtion of Certain provisions concerninq Amateur Radio Towers in the Various Zoninq Districts of the County. (PostDoned from June 22, ~ r- 484 July 27, 1993 ~ 1993) (Terry Harrinqton, Planninq & Zoninq Director) Mr. Jon Hartley, Assistant Director of Planning and Zoning, advised that since this item was considered for first reading on' June 8, 1993, staff has worked with the amateur radio operators and revised the proposed provisions of the ordinance. On July 12, 1993, the staff presented these revisions to representatives of the amateur radio operators and the consensus was that the revisions appeared to be a reasonable compromise. He requested approval of the ordinance. The following citizens spoke in support of the revised ordinance: (1) David R. Jones. Jr.. 5207 Burnt Quarter Drive, Vinton; (2) Flovd Ponton representing the Roanoke Valley Amateur Radio Club, 952 Halifax Circle, Vinton; (3) Lee McDaniel, representing the Blue Ridge Video and Digital Society, 8506 Bellehaven Road; and (4) Gordon Garrett. representing the Southwest Virginia Wireless Association, 4528 North Fork Rd. Mr. Blair Fulton. 3021 Hereford Road, described his difficulty in meeting the new set-back requirements when he replaces his old tower. Supervisor Eddy requested that Mr. Hartley meet with Mr. Fulton to see if this situation could be considered a hardship case under the Board of Zoning Appeals. Mr. Blair Fulton. II. 3021 Hereford Road, spoke concerning his father's problem, and advised that while he saw no need for the ordinance, he felt it should apply to all towers. Supervisor Johnson moved to approve the first reading. ~ I I I I "'l1lI July 27, 1993 485 Supervisor Johnson amended his motion to approve the first reading, set the second reading for August 24, 1993, and change the implementation date to be effective upon the second reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARINGS ~ Public Hearinq on AdoDtion of Resolution Reauestinq the Circuit Court of Roanoke County to Enter an Order to Hold a Referendum on the ouestion of Chanqinq the Method of' Selection of Members of the County School Board, as Provided in section 22.1-42 of the 1950 Code of Virqinia, as Amended. (Paul Mahoney, County Attorney) R-72793-10 Mr. Mahoney advised that this is a pUblic hearing on the adoption of a resolution requesting that a referendum be held on changing the method of selection of members of the school board from appointment by the school board selection commission to appointment by the governing body of the County. The following ci tizens spoke in favor of having the school board elected by the people and opposed the Board approving the resolution: (1) CathY Atkins. 5138 Britaney Road; (2) Lisa Merrill, 10721 Bent Mountain Road; (3) Dot Eller, 3611 McDaniel Drive; (4) Pauline Johnson, 6511 Woodbrook Drive; (5) william Russell, 6079 Oriole Lane; (6) C. E. Thornton. 1007 ~ r- 486 July 27, 1993 Barrens Village Court; and ( 7 ) Darrell F. Branstetter. 6613 Sylvan Brook Road. Supervisor Nickens moved that the resolution be passed by. Following comments, Supervisor Eddy moved to adopt the resolution. Chairman Minnix ruled that Supervisor Eddy's motion was out of order and called for the vote on Supervisor Nickens' motion. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Kohinke, Eddy, Minnix Supervisor Eddy moved to adopt the resolution. Supervisor Nickens made a substi tute motion to table the issue until the first meeting in December, 1993. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors Kohinke, Eddy, Minnix Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson RESOLUTION 72793-10 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ENTER AN ORDER TO HOLD A REFERENDUM ON THE QUESTION OF CHANGING THE METHOD OF SELECTION OF MEMBERS OF THE COUNTY SCHOOL BOARD, AS PROVIDED IN § 22.1-42 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Board of Supervisors of Roanoke County, Virginia, determines that it is desirable to hold a referendum on the question of the method of appointment of members of the ~ ~ I I ""II1II July 27, 1993 48,1 ~ County School Board of Roanoke County, Virginia, as provided by § 22.1-42 of the 1950 Code of Virginia, as amended; and WHEREAS, the Board held a public hearing on the question of such referendum on July 27, 1993, at 7:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Avenue; and WHEREAS, said public hearing was advertised in the Roanoke Times and World News on July 18 and July 25, 1993. NOW THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that said Board does respectfully request the Circuit Court of Roanoke County to enter an order requiring the regular election officials on the day II fixed in such order to open the polls and take the sense of the qualified voters of Roanoke County on the question of changing .1;- the method of appointment of members of the County' School Board of Roanoke County from the School Board Selection Commission to the Board of Supervisors. BE IT FURTHER RESOLVED that the Clerk of the Board is hereby' directed to certify a copy of this resolution and to present it to the Judge of the Circuit Court for the County of Roanoke, and to file a certified copy of this resolution with the Clerk of the Circuit Court of Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: I AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson ~ r- 488 July 27, 1993 ~ ~ Public Hearinq on AdoDtion of Resolution ADDrOvinq the Fundinq of the DeDartment of TransDortation Secondary Road System Six Year Construction Plan for Fiscal Year 1993-94. (Arnold Covey, Enqineerinq & InsDections Director) R-72793-11 Mr. Covey requested that the Board approve this resolution for funding of the six Year Construction Plan. He advised that new projects can be added next year and a work session is planned for the first part of 1994. There were no citizens to speak at this public hearing. Supervisor Nickens moved ~o adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-11 APPROVING AND THE ADOPTION OF THE FUNDING OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1993-94 WHEREAS, a public hearing was held on July 27, 1993, to receive comments on the adoption of the funding for the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1993-94; and WHEREAS, The Board does hereby approve the adoption of the funding for the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1993-94 as set out on the ~ I I I I ""II1II July 27, 1993 ·4'89· attached êonstruction program allocations. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1993-94 by the Clerk to the Board. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None h Public of Hearinq Consideration for the Acquisi tion by Condemnation of Easements Across PrODerty Owned bY Jean o. Wallace, Georqe R. and Wanda Janosko, c. Charles Boone, and W. Acquisition of ProDerty Owned by Heirs at Law of James W. Casev, Jr. and Marqarette E. Casey. (Paul Mahoney, County Attorney) R-72793-12 william B. Hopkins, Jr., Counsel for Roanoke County, advised that a settlement has been reached with George R. and Wanda C. Janosko, and they should be removed from this action. He requested approval of the resolution. There were no citizens to speak at this public hearing. <'" Supervisor Johnson moved to adopt the resolution with ~ r- 490 July 27, 1993 the removal of George R. and Wanda C. Janosko. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 72793-12 PURSUANT TO SECTION 15;1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY JEAN o. WALLACE, CBORCE R. AND WANDA O. 3ANOSKO, CHARLES W. BOONE AND ACQUISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM THE HEIRS AT LAW OF JAMES W. CASEY, JR. AND MARGARETTE E. CASEY FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, July 27, 1993, 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 proj ect 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 ~ ~ I I I I ""II1II July 27, 1993 491 , needs to acquire an interest in the properties described below: description: (a) OWNER: Wallace; property Jean O. Parcel of land located on Brahma Road and Burnham Road, Roanoke ,County, Virginia (Roanoke County Tax Map No. 76.03-3-70) See attached plat identified as "EXHIBIT A" showing water and sewer easement to be acquired from Jean o. Wallace. (b) OWNER: Ceorgc R. Janos]{o and Wanda C. JanoD]{O 1 propcrty deDcription: ~ rarcel of land located Douth of CrYDtal Crec]{ Dri9Je, Roano]{C County, Virginia (Roanoke County 'Pax Map NOD. 97.01 2 2 and 97.01 Dhowing water and Dewar eaDament and temporary conDtructien See attached plat identified aD "EXHIBI'P B" CaDClftent to be acquired from CcerlJc R. Janosko and Wanda C. JanoD]m. description: (c) OWNER: Col. Charles W. Boone; property Parcel Lapping Virginia (Roanoke of land located Lane, Roanoke off of County, County Tax Map No. 65.00-1-42) See attached plat identified as "EXHIBIT C" showing water and sewer easement and temporary construction easement to be acquired from Col. Charles W. Boone. (d) OWNER: Heirs at law of James W. Casey, Jr. ..oIIIJ r- 492 July 27, 1993 and Margarette E. Casey; property description: Parcel of land located on block of Buck Mountain Roanoke County, Virginia (Roanoke County Tax Map No. 1-42) 4000 Road, 97.08- See attached plat identified as "EXHIBIT D" showing parcel of land in fee simple to be acquired from the heirs at law of James W. Casey, Jr. and Margarette E. Casey. 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 $ 913.00 Jean o. Wallace Ccorgc R. Janooko and Wanda C. Janoo)ro 378.00 Col. Charles W. Boone 221.00 Heirs at Law of James W. Casey, Jr. and Margarette E. Casey 2,950.00 6. That Mrs. Wallace, Mr. and Mro. Janoo)ro and Col. Boone have been offered the amounts listed in paragraph 5 above for an interest in their property and that each offer was refused by such. landowners. The County has not made an offer to the heirs at law of James W. Casey, Jr. and ~ Margarette E. Casey because such heirs cannot be 'located. Therefore, the only way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately ~ * I I I I ""II1II July 27, 1993 493 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 or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on Exhibit A, ~ C and D 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 l5.l-238(E) of the 1950 Code of Virginia, as amended, be vested with thosé powers granted to the Commonwealth Transportation Commissioner pursuant to section ~ r- 494 July 27, 1993 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 who can be located as described above on or before July 30, 1993. 12. That the law firm of Martin, Hopkins and Lemon, P. C. shall be the duly authorized agent and attorney for the County for the purpose of insti tuting condemnation proceedings and the handling of the acquisition of these properties for the County. On motion of Supervisor Johnson to adopt the resolution with the removal of George R. and Wanda C. Janosko, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance Authorizinq a SDecial Use Permit to Exnand an Existinq Church Buildinq, Located at 3917 Old Catawba Road, Catawba Maqisterial ~ '. I I I II "'l1lI July 27, 1993 49 5 District. Upon the Petition of Mason Cove ChaDel. (Terrv Harrinqton, Planninq , Zoninq Director) 0-72793-13 Mr. Harrington advised that this is a request to obtain a special use permit to expand an existing church building and permit plans for a future expansion. staff does not anticipate any negative impacts associated with the expansion, and the Planning Commission recommends approval of the request. There was no discussion and no citizens requested to speak at this public hearing. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72793-13 GRANTING A SPECIAL USE PERMIT TO THE TRUSTEES OF THE MASON COVE CHAPEL TO ALLOW THE EXPANSION OF AN EXISTING CHURCH BUILDING LOCATED AT 3917 OLD CATAWBA ROAD (TAX PARCEL 15.02-1-10) CATAWBA MAGISTE- RIAL DISTRICT WHEREAS, the Trustees of Mason Cove Chapel have filed a petition to allow the expansion of an existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, ~ r- 496 July 27, 1993 ~ Virginia, held a first reading on this matter on June 22, 1993; the second reading and pUblic hearing on this matter was held on July 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of an existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the Trustees of the Mason Cove Chapel to allow the ,expansion of an existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Ordinance to Rezone 0.410 Acres from R-1 to R-2 to Construct a Duplex, Located West of 6707/6705 Wood Haven Road, Hollins Maqisterial District, UDon the petition of Martha W. Cox. (Terrv Harrinqton, Planninq , Zoninq Director) ~ I I ~ II I ""II1II July 27, 1993 491 .. 0-72783-14 Mr. Harrington advised that this request is to rezone property to construct a two family dwelling. The property is adjacent to other duplex developments in the area and the impact on neighboring properties will be minimal. The Planning Commission recommended approval. Charles H. Osterhoudt, Attorney, spoke on behalf of the petitioner. There was no discussion and no citizens requested to speak at this public hearing. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72793-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.410 ACRE TRACT OF REAL ESTATE LOCATED WEST OF 6707/6705 WOOD HAVEN ROAD (TAX MAP NO. 26.20-4-33) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-2 UPON THE APPLICATION OF MARTHA W. COX WHEREAS, the first reading of this ordinance was held on June 22, 1993, and the second reading and public hearing was held July 27, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 6, 1993; and, WHEREAS, legal notice and advertisement has been ~ r- ~9& July 27, 1993 provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.410 acre, as describ~d herein, and located west of 6707/6705 Wood Haven Road (Tax Map Number 26.20- 4-33) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-l, Low Density Residential District, to the zoning classification of R-2, Medium Density Residential District. 2. That this action is taken upon the application of Martha W. Cox. 3. That said real estate is more fully described as follows: BEGINNING at a point on the northerly side of Va. Sec. Hwy. #628 (Woodhaven Road), said point being the southeasterly corner of the property of D. S. Stephenson; thence leaving Va. Sec. Hwy. #628, and with the southeasterly line of D. S. Stephenson, N. 25 deg. 40' 05" E. 245.00 feet to a point; thence S. 68 deg. 31' 20" E. 75.20 feet to a point; thence with a new division line through the property of the grantor herein, S. 25 deg. 40' 05" W. 250.49 feet to a point on Va. Sec. Hwy. #628; thence with said Va. Sec. Hwy. #628, N. 64 deg. 19' 55" W. 750.00 feet to the point of BEGINNING, and being 0.427 acre, as shown on plat prepared by Buford T. Lumsden & Associates, P. C. , certified Land Surveyors, dated May 18, 1979; and Less and except that 0.017 acre tract dedicated for street widening purposes as set out in deed of record in the Clerk's Office of the Circult Court for the county of ~ ~ I I "'l1lI July 27, 1993 49 9: Roanoke, Virginia, in Deed Book 1123, page 588. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 Johnson to adopt the ordinance, and carried by the ~ollowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix I NAYS: None ABSENT: Supervisor Nickens IN RE: FIRST READING OF ORDINANCES ~ Ordinance Amendinq and Reenactinq the Zoninq District MaDS for Roanoke County, by the Ado~tion of certain Miscellaneous Changes Throuqhout the County to Said MaDS (Bonsack, Cotton Hill, poaqes Valley Road) (Terrv Harrinqton, Planninq , Zoninq Director) Mr. Harrington advised that in December, 1992, as part of the comprehensive rezoning of Roanoke County, the Board zoned I four large areas in proximity to the Blue Ridge Parkway AG-l. In January, 1993, the Blue Ridge Parkway Committee was formed to ...0IIII1 r- 50 .0 July 27, 1993 identify critical and non-critical viewsheds. They identified eleven critical viewshed areas and determined that the four areas in the proposed rezoning were not critical to the Parkway viewsheds. The Blue Ridge Parkway Committee and the Planning commission recommend that these properties be rezoned from AG-l to either R-l or AR. Mr. Harrington requested that the first reading be approved and the second reading and public hearing be set. The following citizens spoke: 1. Anne Lee stevens. President, Roanoke Valley Association of Realtors - supports rezonings. 2. Leon T. McGhee, 1816 Pembrook Drive, Vinton - has a contract on the Dowdy Farm in the Bonsack area, and asked that the rezonings be referred back to the Planning commission to resolve differences in critical areas. 3. Marie Zieqler, 6163 Cotton Hill Road - could not be at the meeting but requested that her opposition to the rezonings be put on record. 4. Richard Wimberlev, 6236 Saddleridge Road supports rezonings. 5. Marvin T. Tate, 4675 Layman Road - opposed to his land being zoned R-l. 6. Karen B. Scott, Bent Mountain civic League, 8443 Poor Mountain Road - opposes R-l zoning and feels that critical areas should be consistent. .... I I I I "'l1lI July 27, 1993 50 1 7. Hovt C. Rath. Assistant Chief Ranger, Blue Ridge Parkway, representing Parkway Superintendent Gary Everhardt. He advised that Blue Ridge Parkway position was that critical areas be protected with a "no build" policy. 8. Len Boone. 5282 Hunting Hills Square, Boone, Boone & Loeb, contractual owner of Beasley property, supports rezonings. 9. Steven Strauss. 2776 Bobolin Lane, Strauss Construction Corporation, - supports rezonings. 10. Richard S. Whitnev. Jr., 5346 Castle Rock Road, Task Force, Roanoke Regional Homebuilders Association - supports rezonings. 11. Jack Loeb. 5128 Crossbow Circle, Boone, Boone & Loeb - supports rezonings. 12. Darrell Branstetter. 6613 Sylvan Brook Road - has 138 acres near parcels to be rezoned and feels that County has not treated everyone equally. 13. Ed Natt. 4803 Topping Hill Drive supports rezonings. 14. Brad McGraw. Wooten & Hart, P. O. Box 12247, representing the Citizens I for Responsible Rural Development, opposes rezonings. 15. David Sliqh. 7917 Bradshaw Road, Salem - opposes rezonings. 16. Vasile Gocan. 6225 Cotton Hill Road opposes rezonings. ~ r- 50 2 July 27, 1993 17. Robert Fetzer, Acting President, Roanoke Regional Home Builders Association, Box 1174 - supports rezonings. 18. Rov Lochner. 6050 Poage Valley Drive - wants the rural area preserved and requested a delay for a different density in the area. Supervisor Minnix moved to approve the first reading and refer the item back to staff to look at density and protection of viewshed prior to second reading and public hearing. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None In order to clarify statements made about the revenues from connections fee, Supervisor Eddy requested that staff verify II before the second reading that less than 1/8 of the revenue to pay debt service for Spring Hollow Reservoir comes from connection fees. IN RE: ADJOURNMENT At 9:50 a.m., Supervisor Johnson moved to adjourn. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ~