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Home My WebLink About1/28/1992 - Regular ~ 4 January 28, 1992 O"S 0 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue S. w. Roanoke, Virginia 24018 January 28, 1992 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of January, 1992. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Supervisors Bob L. Johnson, H. Odell Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John R. Hubbard, Assistant County Administrator, John M. Chambliss, Assistant County Administrator, Don M. Myers, Assistant County Administrator, Anne Marie Green, Information Officer I IN RE: OPENING CEREMONIES The invocation was given by John Chambliss, Assistant County ...4 ,.... 05 ,1 . . I January 28, 1992 rþ ~ Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy added resolutions of appreciation for Margaret Reynolds and Carl Catron to the Consent Agenda. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .L.. Resolutions of ADDreciation to Individuals Who Provided Donations to the Green Hill Park Equestrian Center. R-12892-1 Supervisor Nickens moved to adopt the prepared resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None The Green Hill Equestrian Committee also made a special presentation to Thomas Brothers for their contributions. Mr. Thomas was present to receive the recognitions. RESOLUTION 12892-1 OF APPRECIATION FOR CONTRIBUTIONS TO THE GREEN HILL EQUESTRIAN CENTER WHEREAS, the County of Roanoke, through the efforts of the Roanoke County Equestrian Center Advisory Committee and the Parks and Recreation Department, has been able to establish the GREEN HILL PARK EQUESTRIAN CENTER, which includes a 140 foot by 260 foot outdoor show...J;::4.ng, access road with related parking, and an I -" I 4 ~ January 28, 1992 O§2:'~ I I equine cross-country course, and WHEREAS, this facility has been established in a pUblic/private development concept where 100% of the development has been through private donations and volunteer labor efforts, and WHEREAS, this project has received state and National recognition for the excellence in community involvement in the development of this facility which has been enjoyed by hundreds of equestrian enthusiasts since its opening to the public in 1990. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS BROTHERS, INC., LUMSDEN ASSOCIATES, P.C., SISSON AND RYAN, INC., NORFOLK SOUTHERN CORP., C & P TELEPHONE COMPANY, APPALACHIAN POWER COMPANY, ADVANCED DRAINAGE SYSTEMS, INC., AND BERNARD HYLTON for their contributions of grading, survey, stone and related services; cross-ties; telephone poles; power poles; PVC drainage pipes; and design and installation of the cross-country equestrian course; all of which helped to make this facility available for the enjoyment of the general public of our community. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: NEW BUSINESS ~ ,.... ~. -.05·3 ~ January 28, 1992 þ .L.. Request for amendment to the Investment Policv.. A-12892-2 County Treasurer Alfred Anderson presented the report which requested that the policy be amended by adding a line for Repurchase Agreements at 70%, change the Commercial Paper from 35% to 40%, and change from 10% to 20% the amount of repurchase agreements that can be invested with anyone institution. There was no discussion. Supervisor Kohinke moved to approve the amendments. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None h Request for the AdoDtion of a. Procedure for UDdatinq the Secondary Road System six Year Construction Plan. I A-12892-3 Director of Engineering and Inspections Arnold Covey reported that the obj ecti ve of the procedure is to respond _ to citizen requests, maintain an inventory of road problems and needs, and provide for uniformity of consideration of needs throughout the County. He outlined the procedure and recommended adoption. Supervisor Johnson moved to adopt the procedure. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None h Request for an amendment to the 1991-92 Budget ADDroDriation Ordinance. I ~ 4 ~ January 28, 1992 05 4 A-12892-4 I I Director of Management and Budget Reta Busher advised that on January 14 at a budget work session, the staff reported that due to the downturn in the local economy and funding cuts from the state, there will be a revenue shortfall of approximately $1,250,000. To meet the shortfall, the department heads had reviewed their budgets and reduced expenses by five percent. There was additional savings of $149,000 from the frozen positions and use of the FY1990-91 year end surplus will also be used to balance the budget. Supervisor Eddy asked for an update later in the year on how close the estimates had been. Supervisor Minnix moved to approve the staff recommendation amending the 1991-92 Budget Appropriation by $1,250,000. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None ~ Request from Valley Beautiful for an Ordinance that would Drotect trees. A-12892-S County Administrator Elmer Hodge advised that the County had received a letter from Valley Beautiful requesting that the Board adopt an ordinance that would protect trees from destruction in Roanoke County. He recommended that the request be forwarded to the Planning Commission for their review and recommendation. Supervisor Kohinke asked that the County Forester be included in the review, and Supervisor Johnson suggested that the ...4 ,.... 05 5 January 28, 1992 Board of Zoning Appeals also be included. Supervisor Nickens moved to forward the request to the Planning Commission for review and recommendation. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None h Request for Resolution of SUDDort for a Local Government Postal Rate R-12892-6 County Treasurer Alfred Anderson presented the request. In response to a question from Supervisor Eddy, he advised that the proposed legislation recommends a governmental postal rate of $.25 Supervisor Nickens moved to adopt the resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 12892-6 URGING THE U. S. POSTAL SERVICE TO INSTITUTE A LOCAL GOVERNMENT POSTAL RATE WHEREAS, increased postal ratès have mandated a significant financial impact on local governments throughout the united States to provide essential services such as tax notices, voter registration forms, jury duty, summonses, utility bills, et aI, and WHEREAS " such· postal rate are a form of "double ~ I, þ I I ~ ~ January 28, 1992 OS 6" I I taxation" on local government taxpayers, for required governmental services; and WHEREAS, the National Association of Treasurers and Finance Officers and the Virginia Treasurers Association have endorsed the concept of a "local government postal rate". NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia endorses efforts to request that the Congress of the united States convene hearings on the impact of recent and potential postal rate increases on all local governments in the united States. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Roanoke County's representatives in the United States House of Representatives and United States Senate. On motion of Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Request for DarticiDation in Cable Television Community studio. A-12892-7 Public Information Officer Anne Marie Green reported that after the new Cable Television Franchise Agreement was finalized with Cox Cable, a Regional Cable Television Committee was formed to deal with cable TV issues including allocation of the $480,000 grant which is being provided by Cox for a Community studio. The Committee appointed a subcommittee to investigate equipment and ~ ,.... O~5 7 "- January 28, 1992 facilities which might be used for the Community studio. Roanoke City has allocated the 1% franchise fee increase to the purpose of staffing the facility. Roanoke Còunty's 1% equals $48,500. The staff is requesting that the Board of Supervisors reaffirm the Board's support for utilizing the grant from Cox Cable to equip a Community Studio for use by local government, the school system and the public. Supervisor Nickens expressed concern about adding a new service at a time when there is a budget shortfall. In response to a question from Supervisor Eddy, Ms. Green advised that any expenditures would have to be approved by all three participating localities. Supervisor Kohinke moved to the staff approve recommendation to reaffirm support for using the Cox Cable grant to equip a Community Studio. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy. NAYS: Supervisors Minnix, Nickens ~ ProDosal to request from the city of Roanoke Financial participation in the TheraDeutics Proqram. Assistant County Administrator John Chambliss described the Therapeutics Program which is open to residents of the Roanoke Valley. He recommended that the County submit a letter to the City requesting financial assistance for the program. Supervisor Nickens moved to approve the recommendation amended to include the City of Salem and Botetourt County with the ~ þ I I ~ ~ January 28, 1992 0,58 percentage of assistance reflecting actual usage by the locality. Following discussion, Supervisor Kohinke offered a substitute motion to postpone taking action until the February 25, 1992 meeting. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy. 'NAYS: Supervisor Nickens IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve first reading and I set the public hearings for February 25, 1992. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None .l.:.. An Ordinance Authorizinq a Use Not Provided for Permit to Operate a Commercial Cat Kennel on the same Parcel as a Residence. Located Immediately North of 7226 Branico Drive. Cave Sprinq Maqisterial District. uPon the Petition of Jane and John Holmqren. ~ An Ordinance to Rezone 2.061 Acres from B-1 and R- 1 to B-2 to Construct a Convenience Store. located at the Corner of Route 24 and Feather Road. vinton Maqisterial District. upon the Petition of Steve Brown. IN RE: FIRST READING OF ORDINANCES .L.. An Ordinance authorizinq the Conveyance of a Well I Lot located in the LaBellevue SUbdivision of Roanoke County to Lawrence E. McMahon. ....4 ,.... ·0' 5· ··9 "_ i ~. . ~ t:t ' January 28, 1992 þ ~ There was no discussion. Supervisor Johnson moved to approve first reading. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None h An Ordinance amendinq and reenactinq Section 9-21. Article II. Virqinia statewide Fire Prevention Code . Chapter 9. Fire Prevention and Protection relatinq to the Markinq of Fire Lanes. There was no discussion. Supervisor Nickens moved to approve first reading. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None IN RE: SECOND READING OF ORDINANCES .L.. Ordinance Authorizinq the Acquisition of a 0.303 Acre Parcel of Land from Mary viola Bush and a 0.127 Acre Parcel of Land from Georqe and Helen H. CYDhers for the Bushdale Road Rural Addition project. 0-12892-8 There was no discussion. Supervisor Nickens moved to adopt the ordinance. motion was carried by the following recorded vote: The AYES: Supervisors jOhnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None I I ""II1II 4 January 28, 1992 0;6· 0' '.~. ORDINANCE 12892-8 AUTHORIZING THE ACQUISITION OF A 0.303-ACRE PARCEL OF LAND FROM MARY VIOLA BUSH AND A 0.127-ACRE PARCEL OF LAND FROM GEORGE W. AND HELEN H. CYPHERS FOR THE BUSHDALE ROAD RURAL ADDITION PROJECT WHEREAS, Bushdale Road is a private road located in the vinton Magisterial District of Roanoke County; and, WHEREAS, Bushdale Road has been placed on the Rural Addition Priority List for upgrade of the roadway to state standards for acceptance into the State Secondary System, requiring relocation of the initial portion of said road in order to provide adequate width and sight distance; and, I WHEREAS, on December 19, 1989, the Roanoke County Board of Supervisors approved the acquisition of right-of-way necessary for the upgrade of Bushdale Road to Secondary Road Standards and appropriated the sum of $15,000.00 from the General Fund Unappropriated Balance to proceed with right-of-way acquisition, and; WHEREAS, it is necessary to acquire a certain parcel of real estate consisting of 0.303 acre., together with all right, title and interest in and to the existing private Bushdale Road, from Mary Viola Bush for said improvements; and, WHEREAS, it is necessary to acquire a certain parcel of real estate consisting of 0.127 acre from George W. Cyphers and I Helen H. Cyphers for said improvements; and, WHEREAS, Roanoke County Staff has negotiated agreements ~ ,.... 0,6 1 January 28, 1992 to acquire said parcels and right-of-way from the property owners; and, WHEREAS, Section l8. 04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on January 14, 1992, and the second reading was held on January 28, 1992. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a certain parcel of real estate consisting of 0.303 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mary Viola Bush for the sum of $4,060.00 is hereby authorized and approved; and, 2. That the acquisition and acceptance of a certain parcel of real estate consisting of 0.127 acre from George W. and Helen H. Cyphers for the sum of $1,660.00 is hereby authorized and approved; and, 3. That the total consideration of $5,720.00 shall be paid from the funds previously appropriated by the Board of Supervisors from the General Fund Unappropriated Balance for costs of engineering and acquisitions in connections with the Bushdale Road Rural Addition Project; and, 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. ~ þ I I ~ 4 January 28, 1992 0'6'2' c. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None h Ordinance Authorizinq the Execution of a Lease with ADDalachian Power COmDany for Storaqe site for SDrinq Hollow Reservoir Construction. 0-12892-9 There was no discussion. Sup~rvisor Kohinke moved to adopt the ordinance. The motion was carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None ORDINANCE 12892-9 AUTHORIZING LEASE WITH APPALACHIAN POWER COMPANY FOR STORAGE SITE FOR SPRING HOLLOW RESERVOIR CONSTRUCTION WHEREAS, construction of the Spring Hollow Reservoir in western Roanoke County will require the utilization and temporary storage of large amounts of materials and supplies by the contractor, PCL civil Constructors for the erection of the dam and associated facilities; and WHEREAS, after extensive negotiations, Appalachian Power Company has agreed to lease to Roanoke County for a period I of four (4) years at a nominal fee a tract of five acres adjacent to the Norfolk Southern Railway and in close proximity to the Spring Hollow Reservoir site; and ~ ,.... U; 6,~"~2' January 28, 1992 WHEREAS, a first reading of the proposed ordinance was held on January 14, 1992, and the second reading was held 'on January 28, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. Tha tit is in the County's best interest to lease this property in order to provide an adequate and convenient storage site for materials and stone to be used by the contractor, PCL Civil Constructors, in the construction of the Spring Hollow Reservoir. 2. The real estate to be leased by the County for the use of its contractor consists of approximately five acres situated in the Catawba Magisterial District of Roanoke County, Virginia as more particularly described on a plat attached to the lease agreement. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as, are necessary to accomplish this transaction, all of' which shall be upon a form approved by the County Attorney. 4. The effective date of this Ordinance shall be January 28, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None h Ordinance Authorizinq the Execution of a Lease for ~ þ I I ~ 4 January 28, 1992 ß6J Real Estate. Office SDace for Roanoke County Administrative Offices. 0-12892-10 Assistant County Administrator John Chambliss advised that the staff has attempted to renegotiate the lease. The owner has offered a three-year lease at $9.25 per square foot with no escalation clause, or a one-year lease at $9.50. Staff recommended accepting the lease for three years at $9.25. Following discussion, there was board consensus not-to commit to a three year lease. Supervisor Kohinke moved to adopt the ordinance accepting the lease for one year at $9.50 per square I foot. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Eddy. NAYS: None ABSTAIN: Supervisor Minnix ORDINANCE 12892-10 AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE, OFFICE SPACE FOR ROANOKE COUNTY ADMINISTRATIVE OFFICES BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of I the Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of office space, shall be accomplished by ordinance and pursuant to the authority found in ~ ~ ,.... ,0-64 January 28, 1992 §§ 15.1-262 and 15.1-897 of the 1950 Code of Virginia, as amended; and 2. That pursuant to the provisions of section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on January 14, 1992, and the second reading was held on January 28, 1992, concerning the lease of office space for the use of Roanoke County administrative offices at 3433 Brambleton Avenue, S.W. in the County of Roanoke, together with all appurtenances thereto belonging; and 3. That this lease is with Peery Realty, Inc., a Virginia corporation, of approximately 4,370 square feet of office space for a term commencing the 1st day of February, 1992, and ending the 31st day of January, 1993, for an initial annual rental of $41,515.00, payable in equal monthly installments of $3,459.59; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That this lease has been negotiated and awarded without competitive sealed bidding or competitive negotiation upon a determination that this office space is the only office space pract~cally available based upon the following factors: location and proximity to existing County administrative offices, extension of an existing lease, survey of office rentals in the immediate area, value of existing improvements to currently leased office space, and costs of relocation; and 6. That the County Administrator ~ is authorized to execute this lease on behalf of the County of Roanoke and to ~ þ I :1 ~ 4 January 28, 1992 0-65 execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt ordinance for one year at $9.50 per square foot, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Eddy, NAYS: None ABSTAIN: Supervisor Minnix IN RE: APPOINTMENTS I ~ Buildinq Code Board of Ad;ustments and ADDeals Supervisor Nickens nominated Thomas Darnall to another four-year term expiring January 22, 1996. h Grievance Panel Supervisor Eddy nominated Kenneth Lussen to anotper two- year term expiring February 23, 1994. ~ Library Board Supervisor Eddy nominated Charlotte Lavinder to a four- year term expiring December 31, 1995. IN RE: CONSENT AGENDA , R-12892-11 I Supervisor Johnson moved to approve the Consent Agenda wi th Items 10 and 11 added. The motion was carried by the following recorded vote: ~ ,.... - "06'6 January 28, 1992 þ AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 12892-11 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM X - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for January 28, 1992 designated as Item K- 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 9, inclusive, as follows: 1. Approval of Minutes November 19, 1991, December 3, 1991, December 17, 1991. 2. Approval of Minutes (Legislative Meeting), (Organizational Meeting). January January 3, 3, 1992 1992 3. Confirmation of Committee Appointments to the Library Board, Mental Health Services of the Roanoke Valley Board of Directors, Total Action Against Poverty Board of Directors and Transportation and Safety Commission. 4. Request for Approval of 50/50 Raffle Permit - Roanoke County School Food Service Chapter. 5. Request for Approval of 50/50 Raffle Permit - Vinton Moose Lodge Chapter 1551. 6. Request for Acceptance of a portion of Blueberry Ridge into the Virginia Department of Transportation Secondary System. I 7. Acknowledgement from VDOT of the Acceptance of 0.26 miles of Strathmore Lane and 0.22 miles of Cardington Drive into the Secondary System. ~ ~ ~ January 28, 1992 (1'6 7 ' 8. Acceptance of Water Syste~ Serving the Oakridge Subdivision. 9. Resolution Accepting the Employees of the Clerk of the circuit Court and the Sheriff into the Roanoke County Personnel System. 10. Resolution of Appreciation upon the retirement of Margaret Reynolds, Finance Department. 11. Resolution of Appreciation upon the Retirement of Carl Catron, Parks and Recreation Department. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. I On motion of Supervisor Nickens with Items 10 and 11 added, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 12892-11.d REQUESTING ACCEPTANCE OF BLUEBERRY RIDGE AND PRALINE PLACE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the -I proceedings herein, and upon the application of .06 miles of Blueberry Ridge from -the intersection of Cundiff Drive Route 991 ~ ,.... ......~ ..' \ o 6 8~ ',; January 28, 1992 to its intersection with Praline Place, and .06 miles of Praline Place from the intersection of Blueberry Ridge west to the cul- de-sac, and .06 miles of Praline Place from the intersection of Blueberry Ridge east to the cul-de-sac to be accepted and made a part of the Secondary System of state Highways under section 33.1- 229 of the Virginia state Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of a certain maps known as Glade Hill Estates, Sections 1 and 2, Subdivision which maps are recorded in Plat Book 11, Page 33, and Plat Book 13, Page 76 of the records of the Clerk's Office of the circuit Court of Roanoke County, Virginia, on October 4, 1988 and March 5, 1991 respectively, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the aputting property owners is necessary. The Board hereby guarantee said drainage easements and a right-of-way for the roads. 3. That said roads known as Blueberry Ridge and Praline Place and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as pUblic roads to become a part of the State Secondary System of Highways in Roanoke county, only from and after notif ication of off icial acceptance of said roads by the Virginia Department of Transportation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: ~ þ I I ~ 4 January 28, 1992 0-6 9 AYES: Supervisors Johnson, KOhirike, Minnix, Nickens, Eddy, NAYS: None RESOLUTION 12892-11.q ACCEPTING THE EMPLOYEES OF THE SEVERAL CONSTITUTIONAL OFFICES (CLERK OF THE CIRCUIT COURT AND SHERIFF) OF THE COUNTY OF ROANOKE INTO THE PAY AND CLASSIFICATION PLAN AND THE PERSONNEL SYSTEM OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the employees of the Clerk of the Circuit Court and the Sheriff, each of said elected officers having heretofore agreed in writing that their employees be accepted into the pay and I classification plan and the personnel system of the County of Roanoke, as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are accepted into the pay and classification plan and the personnel system of the County of Roanoke; and 2. That all of the terms, provisions, and conditions of the pay and classification plan and the personnel system of the County of Roanoke as fully set forth in the Roanoke County Employee Handbook shall from and after the adoption hereof be applicable to each of the employees of the aforesaid offices; and 3. That the elected officer of the constitutional office shall be exempt from the terms, provisions, and conditions of the County personnel system. The Chief Deputy in each said I office shall be exempt from the terms, provisions, and conditions of the County personnel system relating the application, ~ ,.... 070 January 28, 1992 þ qualification, appointment, disciplining, dismissal, and grievance procedure provisions of the Roanoke County Employee Handbook. The Chief Deputy of each said officer is deemed to be a confidential, pOlicy-making position. These position~ shall remain subject to the express provisions of § 15.1-48 of the state Code; and 4. The participation of the employees of these constitutional offices in the County personnel system shall continue until revoked by the constitutional officer, either by written notice to the Chairman of the Board of Supervisors, or by the election, qualification, and assumption of office by a new individual; and 5. The effective date of this resolution shall be I January 28, 1992. 6. That an attested copy of this resolution be forthwith transmitted to each of the aforesaid constitutional officers. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None RESOLUTION 12892-11.i EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CARL R. CATRON FOR TWENTY-TWO YEARS AND NINE MONTHS OF SERVICES TO ROANOKE COUNTY WHEREAS, Carl R. Catron was first employed in october, 1968, as a Parks Maintenance Foreman in the Department of II Parks & Recreation; and ~ ~ 4 January 28, 1992 071 WHEREAS, Carl R. Catron, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CARL R. CATRON for twenty-two years and nine months of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its I best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None RESOLUTION 12892-11.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MARGARET T. REYNOLDS FOR EIGHTEEN YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, Margaret T. Reynolds was first employed in January, 1974, as an Account Clerk II in the Finance Department; and WHEREAS, Margaret T. Reynolds has also served in I the Finance Department and the Delinquent Tax Office on a part- time basis from July, 1967, through December, 1973; and ~ ,.... 072 January 28, 1992 WHEREAS, Margaret T. Reynolds, through her ,þ employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MARGARET T. REYNOLDS for eighteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: I AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Eddy (1) announced that the state is still making redistricting changes which will change precincts in Roanoke COunty. County Attorney Paul Mahoney described the redistricting process. (2) Asked for a formalized document of County policies and procedures. I ~ ~ 4 January 28, 1992 0,7 J,. IN RE: REPORTS I Supervisor Nickens moved to receive and file the reports, but he withdrew his motion to allow discussion of Item 5. Supervisor Johnson moved to receive and file Items 1 - 4 and 6. The motion carried by a unanimous voice vote. .l.:.. General Fund Una~propriated Balance ~ Capital Fund Unappropriated Balance ~ Board Continqency Fund ~ Treasurer's Investment Report ~ Update on Smokinq Policy Following discussion, Supervisor Nickens moved to receive and file Item 5. The motion carried by a unanimous voice vote. ~ Statement of Revenues & Expenditures as of December IN RE: 31. 1991. RECESS IN RE: Chairman Eddy declared a recess at 4:45 p.m. WORK SESSION .L.. Secondary Road System six Year Construction Plan for 1992-1998 Present from the Virginia Department of Transportation were Fred Altizer, Steve Buston, and Bill Manning. Staff from Engineering and Inspections were Arnold Covey, George Simpson and Steve Barger. II Staff presented a summary of the Six Year Construction ....i ,... 07 4 " January 28, 1992 þ Plan. The total cost of Countywide items is $1.75 million based on an allocation of $250,000 in 1992-93 and $300,000 per year over the next five years. Rural Addition Projects are allocated approximately $86,000 per year. Incidental items are allocated $1.2 million based on an allocation of $381,000 for 1992-93 and $300,00 per year for the following five years. For 1992-93 no projects were added or deleted, only the scope and funding was changed. Staff reviewed the funding changes for 1992-93. The total estimated cost to complete all projects from 1992 thru 1998 is $14,366,575. Mr. Altizer explained that a portion of Crystal Creek Drive was removed from the Six-Year Plan as requested in 1991, while the' other portion remains on the Six-Year Plan. There was Board consensus to remove the entire road from the Six-Year Plan. Mr. Altizer advised that the road can be added back at any time. However, the problem will be how to fund improvements. Mr. Covey reported that a public hearing will be held on the Six-Year Plan on February 25. Following the public hearing, the Board will be asked to adopt the plan in March. IN RE: EXECUTIVE SESSION At 5: 56 p.m., Supervisor Kohinke moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (7) for consultation with legal counsel regarding a contract with the City of Roanoke, (7) for consultation with legal counsel regarding sett~ement of litigation (7) for consultation with legal counsel regarding contract for audit services and (1) Personnel ~ I I ~ ~ January 28, 1992 075 matter regarding performance. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12892-12 At 7:05 p.m., Supervisor Johnson moved to approve the Certification Resolution. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None RESOLUTION 12892-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, I Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in I the executive meeting which this certification resolution applies, and ~ ,.... 07.6 January 28, 1992 2. Only such public business matters, as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None EVENING SESSION IN RE: PUBLIC HEARINGS .L.. Public Hearinq to Elicit citizen Comment for Items to be Included in the 1992-93 BUdqet. There was no presentation. The following citizens spoke concerning items to be included in the 1992-93 budget: 1. Sharon Session. 2809 12 O'Clock Knob Road. Salem. representing the Glenvar Youth Boosters, asked for lights for the fields at Green Hill Park. She advised several businesses would assist with the lights and fencing. 2. Patricia Hammond. 7214 Crosstimbers Trail. asked for full funding of.the school budget and expressed support for use of the sales tax and lottery proceeds for education. 3. Kittv Boitnott. 3133 Gum Sprinq st.. spoke on behalf of the Roanoke County Education Association in support of salary increases for County employees. ~ þ I I ~ ~ January 28, 1992 0'77"!" 4. David Murrav. 5733 Santa Anita Terrace. Director of the Julian Wise Foundation, asked for financial support for the museum. 5. Fred Corbett. 5511 Stearns Avenue. President of the Cave Spring National Little League asked for increased funding for Parks and Recreation. 6. Carmon Woodby. 3856 Shawnee Trail. Salem. asked for teachers' salary increases. Executive continued IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .L.. Petition of Easter Seal Society of VA. Inc. to Obtain a Use Not Provided for Permit to Allow Summer Concerts located in ValleYDOinte. Hollins Maqisterial District. I 0-12892-13 There was no discussion. Susan Knight, Executive Director of the Easter Seal Society was present to answer questions. Supervisor Johnson asked that a Resolution of Appreciation to Lingerfelt Associates be brought to the next Board meeting expressing the Board's appreciation for their contributions to the summer concerts at Valleypointe. Supervisor Johnson moved to approve the Use Not Provided for Permit. The motion was carried by the following recorded vote: II AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy. NAYS: None ~ ,.... 078 January 28, 1992 ORDINANCE 12891-13 AUTHORIZING A USE-NOT- PROVIDED-FOR PERMIT TO ALLOW EIGHTEEN (18) CONCERTS LOCATED AT VALLEYPOINTE IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF THE EASTER SEAL SOCIETY OF VIRGINIA, INC. WHEREAS, the first reading of this ordinance was held on December 17, 1991, and the second reading and public hearing was held January 28, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 7, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a use-not-provided-for permit allowing eighteen (18) summer concerts to be held from early-May until early- September of 1992 on a certain tract of real estate containing 2.4 acres (part of Tax Map Number 37.07-1-14) located at Valleypointe Corporate Development Community in the Hollins Magisterial District is hereby authorized. 2. That this action is taken upon the application of The Easter Seal Society of Virginia, Inc. 3. 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: ~ .êþ , ''t I I ~ 4· January 28, 1992 07 9" AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None h Ordinance Amendinq Section 21-3 utility Service Tax. of ChaDter 21. Taxation. of the Roanoke County Code bY the Amendment of Subsections (i) and (l). and by the Addition of Subsections (m). (n) and (0) providinq for Enforcement of such Tax and the Penalty for Late Remittance or False Returns. 0-12892-14 There was no discussion. I Supervisor Nfckens moved to adopt the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None ORDINANCE 12892-14 AMENDING SECTION 21-3 UTILITY SERVICE TAX, OF CHAPTER 21, TAXATION, OF THE ROANOKE COUNTY CODE BY THE AMENDMENT OF SUBSECTIONS (i) AND (l), AND THE ADDITION OF SUBSECTIONS (m), (n) AND (0) PROVIDING FOR ENFORCEMENT OF SUCH TAX AND THE PENALTY FOR LATE REMITTANCE OR FALSE RETURNS WHEREAS, the Board of Supervisors of the County of Roanoke has levied a consumer utility service tax on purchases of certain utility services within the County pursuant to the authority granted by Article 4 of Chapter 38 of Title 58.1 of the Code of Virginia, 1950, as amended and Section 2.02 of the Charter II of the County of Roanoke; and WHEREAS, the Office of the Commissioner of the ...4 II""" 080 January 28, 1992 þ Revenue for the County of Roanoke has experienced significant delays from sellers of utility services in remitting the required tax; and WHEREAS, the first reading of this ordinance was held on January 14, 1992; and the second reading and public hearing for this ordinance was held on January 28, 1992, after publication and notice as required by law. BE IT ORDAINED by the Board of Supervisors of "the County of Roanoke, Virginia, as follows: 1. That Section 21-3, utility service tax of Chapter 21, Taxation of the Roanoke County Code be amended and reenacted as follows: Sec. 21-3. utility service tax. I ( i) :~:!::::::~n!;æ:i::::::Š~::::::MÌi:±:~¡£Yæ::::::§ng:::::1:::::ooiig:*:!E:Æãñ::::::ëÊ:::ttjß:~l§:::::ël§!ffisj £sl:::::::::::ßM::::::::::lmm~Bi:::::::::::!g::::::::::#:!:i:æ::?::::::::::::~~£Y!~::::::::::§!::::::::::nmgæ~ªM:::::::::::!:ë:::::::::::~iìm¥::::::::::æillt:::¡¡:::11,11 1!§M:I~ffisl::::::'BI::::::::~YI!~eE~ãñ:::::::::::(:11::::t:::::'::::~!BI::::::¡Yæê$II:#en:::::::::~n!:$:!::¡:¡:::¡ggl!!æIH1t~:r,¡¡:~¡:i:}:: ¡::::::::gt:§:~I::::::::ã::'::::lffi:mªßm~~n§m:::::::::i:Ê::::::::!:n~::::¡:¡:~m§!ü¥::::::::g:£::::::::E~g::::::m~~¥:Æ:!g::::::::e~::::::::!m§~~!~ê:::::::::l:n Eãñl~ªM:i:g!::::::::n:lšn::::::::~!I1:::::::~ªM~!::':::::¥~&.t}'ti~ª~\l::::::\9M:::::::B:I::~::::::::~~eEI:ãñ:::::::\9Mæ::::::M!Ê!;~!:::::::!;! êÏl::::šßß:::::::ª:!E~::::::::§Ê::::::::s§I¥:l:iéElãñ:::1:~::::~:t:::?::~~:g::t::~:º,::::::::ã1t:::::æ~~§::t::::::::::§¥:::::::::~::ffi:i:~::::::::::!::::¡::g:i!:§:!::::::::W II::mg~m!ßãf&:::::~#::::::::B~:::::::DgBI!::::::::§®:::::::bll:::::::m:!M:I:ª9:::::::I!:::::::!;!~:!§:!1\1:::::::I:ñ:::::::gg!nIÊšffisj lillt::::::lilt:::IIË:BRU:::::::PßFllffimªI::::::\9M:::::::!9:ffi~:::::::ë~i:lffisn:::::::RI!::::::::ãñg~:l:ê:::::::§:~::::::@:£:::):)8ßß:):):)g~!! BI)')I::ËBiIIB:len):):::::::i:!:::::::::mg!!:::::::::Šl¡n:::::::):i:Æ:t::~:~~:M~:~::f:::::::::::~ñ¥I:::)::g§nIffiB!ffigl::::::::Ynl~I:¡mÊb:ii§ ~.~:IElæ:êl::::::::~n§:æ:±;:::::::ng!::::::::!I±;I:ªjfi:::::)::~nl::::::)p~Æ!gn:::::::::f)Æãm::::::Êimmn!M:::::::::s§:±;æ~E~ãñ B!:I:)::m~mffi*=Ë:§:ig~):::::::::gb::::::::::Ë:ÞiI::::::::::E~gl~:::::::::llqgtê~g:::::::::#:ê~t:::::::::t:i::::::::::~:H!~ßg!ffisn::::::::::::~:Š:~::m::::::::::~ñl ¡11~lm~!!:::::)::::šit::):):)::~R¥::::::::::I~!~gl::::::::::!g:::::::::Êi~::::::::::šltm::::::::::I~*m:m]:::::IlãMiâª9:::::::::::i§!::::::::::ffin¡~¡:::B:I::~ !!§II,IU¡)lti2:*ì:l:ìili:m:løl,slì::):li:::::::::lt!:!!;æiml!lmll..lm:):::ì)§I!:±;æ:::::::nsP::¡::)mßææ:lsßltDI I ~ 4 ~ 0:8 1 .; January 28, 1992 I I ij=!:8ñ:::::::9:Ê:ŠE:ffimw:ñ'ib:::::::t::w:fJ!R:!:~:WE¥:::¥8Æt::::::¥!gill~!W:8ñ::::::gM::::::æ8:%~:::~~:êE.!ãti::::Bñjtwill !b:m:::::::::::5Mb:~::::::::f\,mRïffiR::::::::::85:::::::::ffigg!:::::::fJ!ªiÊgmê]:::::::E9:::::::::m::Éf.lwê::::::::::B.¥::::::~Rêl::::::B~È!.Bñ::::::::::ffi:; #~Egw¥~ê::JàM:::::æ8~:::::œ~m~;p#=:::8.5::::i§fJ!ñ9~~.::::fu9iñE¥:f::::::::::m~Êtl::::::5~:W:±BÊ~~:::@;:~±B~:~:~:if: n~~:~:~š1t::::::::g~:::::::::}tW:8:±~šÆRñt::::::·:::iJê::::::::::~~Êp[::::ãfJ!M:~:'!::::::::B9P;R:%nifJ!ñE~L:WªÊ~8±f:::::::~b:ä.î:æ êBn!ffi:ffi:!pffi~::::::f\,::::::::~:~pfJ!®~šm:::9±.51j!.m~ Any purcha3er failing, refuaing or ncglecting to pay the tax hereby impo3ed or levied, and any 3eller violating the provi3ions hereof, and any officer, agent or employee of any 3eller violating the provi3ion3 hereof, 3hall be guilty of a mi3demeanor, ûnd upon conviction therefore, 3hûll be 3ubject to a fine of not le30 than five dollars (ÇS.OO) nor more than one hundred dollar3 ($100.00). Cuch conviction 3hall not relieve any 3uch person from the payment of the tax. Each failure, refuaal, neglect or violation and cach day I a continuance thereof \;ill constitute a scparatc offenoe. * * * * * (I) Whenever the tax levied by this section is collected by the seller acting as a tax collecting medium or agency for the county in accordance with paragraph (b), such seller shall be allowed as compensation for the collection and remittance of this tax, three (3) percent of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the county in accordance with paragraph (b) êÊgx:W:ª~I:·~:::::ffië;~::::::f\,ægHñffi Ši:~:::::::::!:!::::::::@B#:::::::ª~:~wI9imñ!::::::~fi:::·:Én$:::#Wæ~:::::8£::::::::RfJ!¥m~tiE· :(m~:::::::::::t:M:::::f\,ñM:::::~~±±~È:il1g!g::::::ªM!~:::ÆE::::::ffi:!::::::Š8::::::::ê9::::::::!8::::::::@'!!!~:±:±::::::::£:~:W:± B~:::::::E~±M~:~:::::::æg:::::::±:æ:~:~:::::::ytffi:!b::::::::Wg:::::::fuge:ffi:;!:æBnªE:::::::~±::::::::Wg:::::::!~MmñH5:::::::iJM:::::::E~I!®j ~ ,.... 082 January 28, 1992 l þ I I ~ 4 January 28, 1992 083 3.:t:ttõf:tJJæt\tët?J):~rnt::::Qf\\t:1U~:(::¢Äa~ .:.:.......'.........:.,.........:.................:.:...:.....:.:.:.:.:.:.:...:.............:.:.:...:.:.................:...................................:.....:.......:.....:...:.:.:.: Jm:FPP I ~$Û;@ 2. That this ordinance shall be in full force and effect from and after February 1, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None I h ordinance Amendinq Section 21-4 Enhanced Emerqency ....4 ,.... Os 4-- " January 28, 1992 TeleDhone Tax. of ChaDter 21. Taxation. of the Roanoke County Code by Amendinq and Reenactinq Subsections (q) and (;). and the Addition of Subsections (kL ( 1 ) and (m) providinq for Enforcement of such Tax and the Penalty for Late Remittance or False Returns. 0-12892-15 There was no discussion. Supervisor Kohinke moved to adopt the ordinance. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None ORDINANCE 12892-15 AMENDING SECTION 21-4 ENHANCED EMERGENCY TELEPHONE TAX, OF CHAPTER 21, TAXATION, OF THE ROANOKE COUNTY CODE BY AMENDING AND REENACTING SUBSECTIONS (g) AND (j), AND THE ADDITION OF SUBSECTIONS (k), (l) AND (m) PROVIDING FOR ENFORCEMENT OF SUCH TAX AND THE PENALTY FOR LATE REMITTANCE OR FALSE RETURNS WHEREAS, the Board of Supervisors of the County of Roanoke has levied an enhanced emergency telephone tax on purchases of local telephone services wi thin the County pursuant to the authority granted by Article 4 of Chapter 38 of Title 58.1 of the Code of Virginia, 1950, as amended and Section 2.02 of the Charter of the County of Roanoke; and WHEREAS, the Office of the Commissioner of the Revenue for the County of Roanoke has experienced significant delays from sellers of utility 'services in remitting the required ~ þ I I ~ 4 January 28, 1992 08:5. tax; and WHEREAS, the first reading of this ordinance was held on January 14, 1992; and the second reading and public hearing for this ordinance was held on January 28, 1992, after publication and notice as required by law. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That section 21-4, Enhanced emerqencv telephone tax of Chapter 21, Taxation of the Roanoke County Code be amended and reenacted as follows: Sec. 21-4. Enhanced emergency telephone tax I (g) £6.1# gJJþª I 9Ê:::::::::#~mÆ&¥i:fiÊ~:::i:i:i9B:::::i::::5~~::::::::Fi~X~~::::P;;f.t~t?:8!!~ª:::::::::±:BE:t::::~:n::::::ltµR§f#:i8šffi§'!i::::::::::~:;R):::f:::::::::::~fi¥ !ªlg~æ;$fi&::::::::::RM:::i:i:::~tt~t:::::::::~~Êªgfii:i::::iM9¡:i:i:::p§'¥::i:i:i:i:¥Þ.ß:i:i:i::::Fi~8~~::i:::::::f.?MR¥:~I~ª::::::::::B:8Êi:::::i:i:Æì1:::::::i::.ii:~ ~~§lffiªfi:::::::RI:::::::!)::::i:m:~~WW:~::::::::B#:i:::::::!)Ð~!Þ~+::~m~Ã¥:::::::p~Mm~ñp:§:i:ii:§pif:+i+::::::::jjgF.!::i:i:i#ß+:iæ:m¥~::::::::!n~ ::::PÃWª::::::::9.!{:::::::::iij:gÊ8:::i:i::::e~Ê§Rn:::::i:i:i:!:~ ~ ,.... 086 January 28, 1992 !!i§~mMml¡tl~:::¡:¡ÉQ!i¡:::¡æ£:~f,Uíp!g:¡::¡¡êR:¡:,§glñë~~¡:¡:¡:~8Hnff.¥:¡~::¡:¡:¡::m~Ê9¡¡::¡:Ê:~:~±~~:t::Êm±B@:~:~¡:t:: n~i¡±:m&Ê::::::I2Fl:¡:¡:¡:m~¡ê¡#~Èmèe~:¡:¡::¡¡:¡:.ª;::::!i~&R¡:¡:¡:::¡âl~t:~:::~:::¡:¡:¡:Ê81&¡æBBlñ§~:::::~~tÐ~:ë!¡t¡:::¡::¡::¡:~fi:I:#æ 8Bn~Ê¡æIHÊ!i::::¡:¡I:::¡::::@:m~IÊ~È~::::¡:¡2±:5iJ~:~:K Any purcha3er failing, refusing or neglecting to pay the tax hereby imposcd or levicd, and any aeller violating the provi3ion3 hereof, and any officer, agcnt or employec of any 3eller ?ielating the provi3ion3 hereof, shall be guilty of a misdemeanor, and upon conviction therefore, shall be subject to a fine of not lcas than five dollara ($5.00) nor more than one hundrcd dollara ($100.00). Cuch conviction shûll not relieve any such person from the payment of thc tax. Each failure, refusûl, neglcct or violation and each day I (3 continuance thercof \;ill constitutc a separate offenae. * * * * * (j) Whenever the tax levied by this section is collected by the seller acting as a tax collecting medium or agency for the county in accordance with paragraph (b), such seller shall be allowed as compensation for the collection and remittance of this tax, three (3) percent of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the county in accordance with paragraph (b) ptÐâ'ßM;êß$:l:::::::ÊB~::::::IIDâHBÊ f!1~::::::::!:it::::n§I:::::::I~:~:mI99:~ñt::::::::!E::¡::::ŠR!i:::::::Èml~::::::::9!i:::::::~§.~nB· ::Øii::::::::::Æ:£::::::::ft,:B~t:::::~~±:#~!:::::::IRè~~:::¡:::ê9it;::::::::mE:::::::::~:~:::::::lg¡:::::¡:ã8:I::::~ê::::::::~Iª:$:*:::I:!iI:i:m 2Ë:::::::EI±Bß:~:::::::Êg:::::::±:m:±:~:::::::I~lfi¡:::¡:::~~:::::::~emIDì:~~:mBÐ~i::::::::§±::::::::EI~:::::::!:~¥~ñH~:::::::B'i:::::::E~I\Utj 5BF:::::::MII:::::::II~§:::!19H:±E~9:::::::Èê:::::::I~:::::::gg:±:+:~§B~I::::::ft,:mg::::::I$:tª:::::::IBê~!:':::::!li~~.æRI¡:¡¡::¡::(:I!:: ~itÊñ±fi:::::::œlä::¡:::æ:imä::::::::~n;:::::::::mn::::::::MI@::::¡:im§9ÐB::::::::!p,IÊ:i:£±;ã:::::::lfi:~E~ffilt~:::::::::::Mllsl:::::::::!I:§:læ ~ þ I I 4 I I ~ January 28, 1992 08 7 ~ ,.... 088' " January 28, 1992 ::~ml:::::I::::::::::$:~:::::::~n!¥:::::::ª~:i:Æ@~¡:l:::::::läg~:~::::::ªIE¥:::::::æ&:::::¡ìjif:::::::B9::::¡::ãg:::::::@:9:::::::@!\~:#:I:::::::£~:~:æ §!tI:lm~Y~m::::::1§ª::::::gè+$.:~ft~::::::iß~g::::I~~:::::::!me9:!J~ê:::lç¥:::::::ª9R~t@§¥:!:91::::::::;~:I:~::::::::~Bª:::::::#\st::::m~l~ 'I!IÞiffiñ::::::::::::#lm::::::::::::læ*~:::::::::;::PPÊ¥:1ê§ã:::::::::::::~ìt::::::::::::~iš~:~Ê#:Æ:9l=t::::::::::::::~:E)::::ì:::::::::::::::sÞ::~::::::::::::#ª(Fi9EBi;,t::::::::::::~ñª nlm:!:¥liñ§%m:::::::::::mlnl:l§ñ~9:i:::::::::::wn::::::::::::¥l:æ:iI::::::::~mêj§:¥êttf:::Ii.:::IP;q:§:::::::%9.*Æª,:æÞ:I§!1::::::::::::~tW~;±:æ ~E§g¡;~I::::I:æ91::::::m!šp;:::::::::m~ºìHIM::::::!~:::::iº~:::::::::IDª¥:::::::::ª'¡;.::::::::R~~M::::::¥è:::::::::gREI:%I:::::::#~8¥m::::::::::!ñª :¥n~B.iFægn:I::§ñ;:W?Ji:!:89::::::EB:::::::Ê~~@:::::Þ:Æ~::::::::~~¥¡mf!.&~::::::::9Ê::::;Mºê:::::::¥Ã~:::::::êM~:i::::::::~@:::::::~:9gn 1ª)):::::.~:::::::gQ.;I~:~tffigp.:@~:::::D:lgffi:*::::::Ê~êÊYE$:::::::~B9ë:::::::#18Im:::::::!Ãq:::::::~Ð#Ê.#;~:§ít:::::9:i:::::::ä~ þ ìàã¥êš:±:~:::::::::R¥:::::::::~§¥tI:Æm:*i§çIIMnf.t:::::::n~!::::I:Ê~:Æ:m~ªI::::i8§I:)::~&:BÞ.~ª'B:::::::f.!RI::)::EB;;.:;r;:mš¥:::::::::ªBÊI 1E!!{::::::ãnë::::::::!s::::::::mli:lª:::::::::MP,s§:::::::::~~mµÊn:::::::::~P;9:::::::::Eªm,¡:¥¥lJgm::~::.ß~:::::::êß~±:w.::::::::1?pjRŠ&'F:ê::::::::lg šß¥~im:lñ:!:::::::::::=ª:::::::::Y.;~:~~~~:::::::::::@.ªi:!fi~%:::::::::§MÈq::::::::::~:~:t:*~lt:::::;::Rþg::::::::::#98::::::::::~ª:::::::::e~~:±h;t:m:~ ~1~~~~1Œ!:!¡::q¡fJi!j!\!i!!:tîl¡IìiJ?ffii::g¡þ,\í'SbTIE¡!(€~.~ I §1~:t:±::::::::I~::::::::~IM]§R+~::::::::*~:RPi:::::I~§::t:(¡:+:q:)':::::::::::ê~¥§:::::::.#it9Ât::::::MPg:::Ø9F.~:n~u9Þ::::::~Bf.:!f8~:::::::::~:~ !lñlM 2. That this ordinance shall be in full force and effect from and after February 1, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS Robert L. Monahan, 3253 Hereford Road, and Tom and Cindy Webster, 4714 Colonial Avenue, spoke requesting road improvements ~ I ~ ~ 0:8 9 .; January 28, 1992 I I to Colonial Avenue and the intersection of Hazel Drive. They also requested assistance regarding the speed limit and tractor trailers using the' road. Peti tions were presented to the Board members asking for road improvements to the intersections of Colonial Avenue and Hazel Drive and the intersection of Penn Forest Boulevard. Supervisor Nickens moved that a resolution be prepared asking the Virginia Department of Transportation to lower the speed limit and prohibit tractor trailers on Colonial Avenue. The motion carried by a unanimous voice vote. IN RE: ADJOURNMENT At 7:55 p.m., Süpervisor Johnson moved to adjourn. motion was carried a unanimous voice vote. The bdP:~af::?- ~ ,.... '; .. þ ~ I I