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
~