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HomeMy WebLinkAbout4/28/1992 - Regular "'l1lI April 28, 1992 22 1 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 April 28, 1992 The Board of Supervisors of Roanoke . County, Virginia, met this day at the Roanoke County Administration Center, this being the I fourth Tuesday, and the second regularly scheduled meeting of the month of April, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived at 3:20 p.m. ) MEMBERS ABSENT: None STAPP PRESBB'l":: Il .,.;.'...3~L Elmer. C. Hodge,· County Administratòr,;t~··'·Paul M. Mahoney, County Attorney; Brenda J. Holton, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant county Administrator; Anne Marie Green, Information Officer I ~.~ .. ..... ,... 22 2' April 28, 1992 -~ IN RE: OPENING CEREMONIES The invocation was given by the Reverend Kevin B. Meadows, vinton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OP AGENDA ITEMS Chairman Eddy requested that two items be added' to the Executive Session: (1) possible selection of outside counsel and (2) concerning ITT reimbursement. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS I h Introduction', of Library Director . SDencer Watts. Mr. Hodge introduced Spencer Watts, who was recently hired as Director for the Roanoke county Libraries. IN RE: NEW BUSINESS h ReQUest to Amend the Street Liqht A-42892-1 .' .. Arnold Covey, Director of Engin~ering & Inspections, , presented the" staff report. There' were four members of' the" street Light Subcommittee present. Mr. Covey advised that the StreetLight Subco_ittee wal established in November, 1991, and has met several times over theþast . ". -:-:"'¡:' ,.;~':': ..-- ~ " "'II1II 1 April 28, 1992 '22'3 six months. On April 1, 1992, the subcommittee's recommendation were to' the civic league president and received unanimous presented support. Mr. Covey outlined the seven recommendations which include: (I) Allowing the requestor to be present during evaluations. (2) Allowing citizens to request evaluations be done at night. (3) Requiring police department to research crime rates and accident reports for three years when completing the evaluation form. (4) Additional emphasis be placed on vertical curves, making them the third most important factor. (5) Establish an appeals process for street lights failing to achieve a score of 70 points but greater than 55 points. (6) Establish recommendations and guidelines to utilize I the cost participation ordinance. (7) Enact provisions for future installation of street lights in subdivision. John Huffman, member of the street Light Subcommittee, requested that security be considered as a factor in the future although he realized the cost would be higher. Mr. Covey advised that as the demand for street lights increases, there will be a priority list for implementation of lights scoring above 70 points. Mr. Covey requested that the Board adopt the seven recommendations with an increase in the 1992-93 budget of $10,000 which would include $9,000 for new construction and $1,000 for electricity, and with the understanding that the proposed changes need I to be reviewed after the one year period. Supervisor Johnson moved to approve the staff ~ ,... 224 April 28, 1992 recommendations and increase the fiscal year 1992-93 budget b~ $10,000. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy .L.. Consideration of proiects for 1992-93 Virainia Deoartment of Transoortation Revenue Sharinq Proaram. A-42892-2 Mr. Covey reported that staff and VDOT have prepared a priority list of 57 proposed projects representing $1 million of construction costs to be constructed with revenue sharing funds. Each participating locality is limited to $500,000 and this amounl will be reduced if more than 20 counties participate. Staff has also included two projects requested by citizens in the event Roanoke County or other counties do not use their allocation. The property owners have agreed to pay either half or over half of the cost to make the improvements. Mr. Covey requested that the priority list be approved and submitted to VDOT for participation in the Revenue Sharing Program, and defer any appropriation until later into fiscal year 1992-93. Supervisor Nickens moved to approve the staff recommendation. There was no vote. (Starkey to VDOT. Supervisor Eddy requested that staff determine if Item 30 Road) had already been completed before submitting the list He also asked that the draft letter to VDOT be revised t~ make the participation of the County conditional. ~ I I "'II1II April 28, 1992 2'25 Supervisor Nickens made, an amended motion to approve the project list, deferring the appropriations and clarifying the status of item 30 (Starkey Road). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, None ~ Authorization to Construct Water Transmission Line from Starkey to Cotton Hill. A-42892-3 Cliff Craig, Director, Roanoke County utility, advised that a local developer is in the initial planning stages for a project on an 80 acre tract of land located between Cotton Hill Road and Merriman Road. The· proposed development can be provided with public sewer service by construction of a gravity sewer from the development to the Starkey Sewer Pump Station; however, no action relative to the sewer is required at this time. Mr. Craig reported that the development can be provided with public water service by construction of a water line from the development to the Starkey Water System on Merriman Road. Mr. Cliff explained that the proposed County South Water Transmission line will be installed in the same location as the water line and requires 2,000 feet of easement across the proposed development. His opinion was that the transmission line should be constructed by the County rather than have the developer extend a smaller water line which would be paralleled later by the transmission line. .... ,... 2:2 6 April 28, 1992 this~ Mr. craig advised that the cost of the constructing line is approximately $680,000, and funds are available in the 1991 Water proj ect Fund for Transmission Lines. This construction would save the County $221,000 in an off-site facility credit for the developer's construction of an eight inch water line. Supervisor Johnson inquired about the repayment schedule and pointed out that the line would be constructed only if the developer proceeds with the project. Supervisor Nickens moved to approve the construction. motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None The I ~ Reauest for an Aoorooriation of $74.000 to the School Bus Pund from the 1990-91 Year-End Balance of School Funds. A-42892-4 This appropriation is requested by the School Board to purchase a 1991 demonstrator Bluebird school bus at $43,915, approximately 15 two-way radios at $500 each to complete equipping the bus fleet, and air dryers to be installed in the air braking system of 89 diesel buses at $250 each. There was no discussion. Supervisor Johnson moved to approve the appropriation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy II NAYS: None ~ 1 ........ I II "'II1II April 28, 1992 2?· 7 ~ Adootion of the Roanoke County Fiscal Year 1992-93 Budaet. A-42892-S Mr. Hodge presented the budget for fiscal year 1992-93 which totals $164,1655.79 and includes several changes which the Board directed at the March 24, 1992 meeting. Supervisor Nickens requested that staff report back to the Board on their attempts to secure participation by other valley governments in funding of the Therapeutics Program. Supervisor Eddy proposed that sewer rates be raised to cover the deficit in the sewer fund instead of continuing to be subsidized by the County. Supervisor Kohinke indicated he would support the proposal while Supervisor Nickens was not supportive' because he felt the timing was inappropriate. Supervisors Minnix and Johnson were not in favor of the proposal but indicated their support for raising sewer rates next year. Supervisor Johnson stated the need for a vehicle replacement policy, and that he was not in favor of the budget in its present form. Supervisor Eddy requested that the contribution to Roanoke Valley Convention & Visitors Bureau be increased. Supervisor Johnson indicated he would support an increase next year. Supervisors Minnix and Eddy indicated that they were not in favor of the 3% salary increase for the Board members and Mr. Hodge. Supervisor Nickens moved to adopt the budget as presented. ..... ,... 228 April 28, 1992 ~ The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens NAYS: Supervisor Johnson, Eddy IN RE: BRIEFINGS h Chanaes in Qualifications for certain Land Use Cateaories. John Willey, Director, Real Estate Assessment, advised that the State Department of Agriculture and Consumer Affairs has requested changes to the administration of the Roanoke County Land Use Policy. The intent of the guidelines is to preserve open farm land which iSl' being used for agricultural purposes. The Assessors's Office recently sent letters to approximately 600 landowners with information about the 'proposed changes in the eligibility criteria. Mr. Willey assured the Board and the landowners present that those eligible and qualifying would remain in the program. Mr. Willey advised Supervisor Johnson that landowners had an appeal process through the State Land Evaluation Advisory Commission to the Assessor's Office, the Commissioner of Agriculture, and then through the courts, but there was no recourse to the Board of Supervisors. Mr. Mahoney advised that the program is complex with some portions detailed in the State Code, while other portions to be applied uniformly, are contàined in a manual. There are also somel areas of discretion left to the officials administering the program-,;; "j ~ I I "'II1II April 28, 1992 2'2.9 The following citizens spoke in opposition to the Land Use Program changes: h Louise S. Garman. 8430 Gravel Hill Road. Catawba .L.. Winton W. Shelor. Sr.. 4348 Shelor Farm Lane. Salem ~ Harold winaate. P. o. Box 134. Catawba ~ Arthur R. Meller. 4346 Bradshaw Road. Salem Supervisor Nickens moved that the Board reaffirm its participation in the Land Use Program operating within the guidelines set out by the State Department of Agriculture with the understanding that Roanoke County land actually being used for farming purposes continue in the program. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, None .L.. Suoreme Court RU1ina on Lawsuit Invo1 vina Fralin and Waldron Office Buildina Mr. Mahoney advised that the State Supreme Court refused to hear the County's appeal and the trial court order which was entered in favor of Fralin & Waldron remains in effect. Supervisor Nickens moved to table the issue. There was no vote. Supervisor Johnson made a substitute motion to move to the next item on the agenda which would result in no action. The motion carried by the following recorded voice vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy, ~ ,... '23(0 April 28, 1992 ~ NAYS: Supervisor Nickens It was the consensus of the Board that the legal staff would contact the General Assembly members concerning a change in the law and also alert the other cities, counties and towns concerning the interpretation of this case for the future. ~ Imoact of Recent Floodina in Roanoke County Presentations were made by Mr. Hodge; Chief Thomas C. Fuqua, Fire & Rescue; Mr. Willey; Mr. Cliff Craig, Director, utility Department; Mr. George Simpson, Engineering; and Mr. Arnold Covey, Director, Engineering & Inspections. Chief Fuqua reported that the damages in Roanoke count] This figure does totaled $1,620,810 with $1,452,172 being uninsured. not include damages of $1.4 million to property in Vinton. There were no injuries and over 100 people were evacuated. He reported that 15 houses suffered major damage and 67 had minor damage. A local emergency was declared by the board at a special meeting on April 22, 1992. Staff has met with representatives from the Federal Emergency Management Agency and State Emergency Services Division, and they are in the process of assisting citizens to determine their eligibility for aid. Mr. Simpson advised that the staff was requesting $200,000 to cover the repair and clean-up from the flood. An additional $53,000 would be necessary to fund additional drainage projects. Mr. Hodge was requested to bring back a report at the May 12, 1992 meetin~ regarding the cost of completing the supplemental drainage projects. ~ I I "'II1II April 28, 1992 , 23~1 Mr. Craig briefed the Board on the details of the Sanitary Sewer Evaluation/Rehabilitation Program (SSE/R). Mr. Hodge was requested to bring back a report at the May 12, 1992 meeting concerning the SSE/R. Mr. Covey advised that Roanoke County is the first locality in the State to qualify for flood insurance premium credit from the National Flood Insurance Program (NFIP). The 269 County residents who quality for flood insurance will receive a 5% reduction in the cost of that insurance. The following citizens spoke: h Gladys Lax. 2733 Tanqlewood Drive requested that the sewer on Tanglewood Drive be repaired. She was requested to speak with Mr. craig about the specifics of the problem. .L.. Michael W. Shaver. 3763 Humminabird Lane expressed the belief that the construction in Penn Forest contributed to the flooding problems. ~ David Garst. 429 Tinker Avenue, representing the Glade Creek area residents, requested an engineering study of the Glade Creek area for relief. Supervisor Eddy requested that the staff respond to the concerns of these residents within a reasonable time. Supervisor Johnson moved to appropriate $200,000 from the General Fund Unappropriated Balance for flood clean-up and repair. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None .... ,... 2J2' April 28, 1992 /~ ~ IN RE: RECESS At 7:11 p.m., Chairman Eddy declared 15 minute recess. IN RE: RECONVENEMENT At 7:25 p.m., Chairman Eddy reconvened the meeting with all present. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE h ordinance amendinq ordinance 52891-12 Reao~ortioninq the Reoresentation in the Board of suoervisors of Roanoke County. Virqinia. by A1terinq the Boundaries of Certain Election Districts and precincts by Establishin a New votin precinct Inco oratin a Ma Showinq the Boundaries of said Districts and Precincts. and Providinq an Effective Date. Mr. Mahoney presented the staff report and described the five changes which are necessary to conform with General Assembly and Congressional boundary lines and to avoid split districts. Elizabeth Leah, Registrar, was present. There was no discussion and no citizens requested to speak. Supervisor Nickens moved to approve the first reading and set the second reading for May 12, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None I I I "'II1II April 28, 1992 233 T. PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance Authorizina the Rezonina of 2.2 Acres from R- E to M-1 to Ooerate a Cabinet Manufacturina Facility. Located at 8251 Wood Haven Road. Catawba Maaisterial District. uoon the Petition of Norman T. Ronk. 0-42892-6 Mr. Harrington advised that Mr. Ronk is requesting this rezoning in order to expand his business at 8251 Wood Haven Road. Mr. Ronk has been in business at this location for over 40 years and has proffered three conditions. The Planning Commission unanimously approved the request. Supervisor Eddy advised that he felt this was an unfortunate choice of use for the property. The following citizens spoke in favor of the rezoning: h Allan R. Hetz. 3300 Green Ridae Road .L.. Inez W. Painter. 3006 Green Ridae Road ~ Michael Hiagins. 8395 Willow Ridae Road ~ Norman T. Ronk. 3317 Carner Lane Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy ORDINANCE 42892-6 TO CHANGE THE ZONING CLASSIFICATION OP A 2.2 ACRE TRACT OF REAL ESTATE LOCATED AT 8251 WOOD HAVEN ROAD (TAX MAP NO. 36.08-1-56) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-E TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF NORMAN T. RONK .... ,... 2 34:;\ ~ >1 \. , :¡ April 28, 1992 WHEREAS, the first reading of this ordinance was held on Ma~ 24, 1992, and the second reading and public hearing was held April 28, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 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 the zoning classification of a certain tract of real estate containing 2.2 acres, as described herein, and located at 8251 Wood Haven Road, (Tax Map Number 36.08-1-56) in the catawball Magisterial District, is hereby changed from the zoning classification of R-E, Residential Estate District, to the zoning classification of M-l, Light Industrial District. 2. That this action is taken upon the application of Norman T. Ronk. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) Proposed building and land to be used for agriculture, woodworking or closely-related operations only. (2) Business hours to be contained from 7 a.m. to 9 p.m., Monday through Saturday. No business on Sunday,under any circumstances. (3) All business operations to be contained inside except loading and unloading. 4. That said real estate is more fully described as follows: II BEGINNING at a point on the north line of Wood Haven Road II II ~ , , April 28, 1992 "23 5 105 feet west of the corner of Lot 9, Block 4, section 1 of Willow Creek Subdivision; thence in a westerly direction with the north line of Wood Haven Road 270 feet, more or less, to a point; thence in a northwesterly direction with the line of Wood Haven Road 50 feet, more or less, to a point on the easterly line of Carner Lane; thence with the easterly line of Carner Lane in a northerly direction 330 feet, more or less, to a point; thence with four new dimension lines through the Annie L. Ronk property as follows: in an easterly direction 270 feet, more or less, to a point; thence in a southerly direction 95 feet, more or less, to a point; thence in an easterly direction 70 feet, more or less, to a point; thence in a southerly direction 180 feet, more or less, to the place of BEGINNING. 5. 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 Kohinke to adopt the ordinance, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge requested that a work session on Parks & Recreation be set for May 12, 1992. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OP REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the public hearings for May 26, 1992. following recorded vote: The motion carried by the ..... ,... :23'ß April 28, 1992 ~ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None h An Ordinance to Rezone Aooroximate1y 3 Acres from A-1 to M-2 to Ooerate a Machine Shoo. Located at 6095 Newoort Road. Catawba Maaisterial District. Uoon the Petition of Bobby L. Hodaes. .L.. An Ordinance to Rezone 7.864 Acres from A-1 and M-2 to R-E to Allow the continued Use and New Use of These Tracts for Residential Purooses. Located on Carlos Drive. Hollins Maaisteria1 District. Uoon the Petition of James S. Bollina. ~ An Ordinance to Rezone 0.83 Acres from B-2 and B-3 to B-2 to ooerate a Dental Clinic and Permit General Business Uses. Located in the 5100 Block of Peters Creek Road. Catawba Maaisteria1 District. Uoon the Petition of Steve Waldroo. IN RE: SECOND READING OF ORDINANCES I h Ordinance Authorizina the Lease of Real Estate. a 0.680 Acre Parcel for parkina Facilities at the"Roanoke County Courthouse and Jail. 0-42892-7 There was no staff report presented and no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None ORDINANCE . 42892-7 AUTHORIZrNG THE EXECUTION OF A LEASE OP II REAL ESTATE FOR PARKING FACILITIES AT THE ROANOKB, COUNTY' COURTHOUSE AND JAIL ;. " ,., ~ I II "'II1II April 28, 1992 237 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 the Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of real estate, shall be accomplished by ordinance and pursuant to the authority found in §§ 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 April 14, 1992, and the second reading was held on April 28, 1992, concerning' the lease of real estate to meet parking needs at the Roanoke County Courthouse and Jail; and '. 3. That this lease is with William Watts and Elizabeth B. Watts of a tract of land containing approximately 0.680 acre for a term commencing the 1st day of May 1992, and ending the 30th day of April 1997, for an initial annual rental of $9,000.00 payable in equal \ monthly installments of $750.00; and 4. That the lease agreement setting forth the terms and condi- tions of this lease'is incorporated herein by reference. 5. That this lease has been negotiated and awarded wi thout competitive sealed bidding or competitive negotiation upon a determination that this parking space is the only parking space practically available based upon the following factor: location and proximity to existing County courthouse and jail; and 6. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other ~ ,... , 23 8 April 28, 1992 t I' h~ are necessary 0 accomp 1S documents and take such other actions as this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, .L.. Ordinance enactina Section s. 1. 5 . 2 . s. 3 and 5.4 of Chaoter 13 of the Roanoke County Code. Offenses. Miscellaneous. oertainina to huntina and firearms. 0-42892-8 There wa~. no staff report presented and no diScussion.1 Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None ORDINANCE 42892-8 ENACTING SEC 13-5.1, TRANSPORTING A LOADED RIFLE OR SHOTGUN; SEC 13- 5.2, PROHIBITING HUNTING OR TRAPPING NEAR PRIMARY AND SECONDARY HIGHWAYS; SEC. 13-5.3, PROHIBITING HUNTING NEAR PUBLIC SCHOOLS AND COUNTY. TOWN OR' REGIONAL PARKS; AND SEC 13-5.4, PROHIBITING POSSESSION OF LOADED PIREARMS IN CERTAIN CASES, OP CHAPTER 13, OFFENSES-MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, the General Assembly of Virginia has recently repealed and reenacted certain sections of the Code of Virginia pertaining to authority of local governing bodies to prohibit certain actiVitiel· involving the transporting of firearms and hunting in certain ~ 1 "'II1II April 28, 1992 2:39 I I locations: and WHEREAS, the Board of Supervisors desires to adopt certain ordinances to protect the safety and well-being of its citizens against improper hunting activities in close proximity to highways, schools and parks or with weapons which unreasonably increase the risk of injury to innocent by-standers; and WHEREAS, the first reading of this ordinance was held on April 14, 1992, and the second reading was held on April 28, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses - Miscellaneous" of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 13-5.1. Transporting a loaded rifle or shotgun. (a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road" or highway in the county. (b) Any violation of this section shall be punished by a fine of not more than one hundred dollars ($100.00). (c) This section shall not apply to duly authorized law- enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. [State law reference, § 18.2-287.1]. Sec. 13-5.2. prohibiting hunting or trapping near primary and ~ ,... 24,.0 April 28, 1992 ~ secondary highways. (a) It shall be unlawful to hunt any game bird or game animal while on or within one hundred (100) yards of any primary or secondary highway in the county. (b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet of the shoulder of any primary or secondary highway in the county. This shall not prohibit such trapping where the written permission of the landowner is obtained. (c) Any violation of this section shall be punished as a Class 3 misdemeanor. (d) For purposes of this section, the terms "hunt" and "trap" shall not include the necessary crossing of highways for the bona fidel purpose of going into or leaving a lawful hunting or trapping area. [state law authority, § 29.1-526] Sec. 13-5.3. Prohibiting hunting near public schools and county, town or regional parks. (a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a loaded firearm, within one hundred (100) yards of any property line of any pUblic school or of a county, town or regional park. (b) Any violation of this section shall be punished as a Class 4 misdemeanor. (c) This section shall not be enforced on lands within all national or state park or forest, or wildlife management area. .... "'l1lI April 28, 1992 /2'5'-1 - 1 [state law authority, § 29.1-527] Sec. 13-5.4. Prohibi ting possession of loaded firearDÌs in certain cases. (a) It shall be unlawful for any· person under the age of eighteen (18) to carry or have in his possession a loaded firearm while in any public place or upon any public highway. (b) This section shall not apply to a person (i) in his own home or curtilage thereof, (ii) acting at the time in lawful defense of persons or property, (iii) engaged in lawful hunting, nor (iv) engaged in marksmanship practice at established ranges. (c) Any violation of this section shall be punished by a fine of I not more than one hundred dollars ( $100. OO), and the weapon may be forfeited to the Commonwealth pursuant to the provisions of § 18.2- 310. [state law authority, § 18.2-287.3]. 2. The Clerk of this Board is directed to notify the Director of the Department of Game and Inland Fisheries of the adoption of this ordinance by registered mail prior to May 1, 1992. 3. This ordinance shall be in full force and effect from and after May 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 I ...4 ,. 2-,5,2 April 28, 1992 15 foot ~ and 11. Hollins ~ ordinance Authorizina the Vacation of a 10 and Public utility Easement located on Tracts 10 Jamison Industrial Park. situated in the Magisterial District. 0-42892~9 There was no staff report presented and no discussion. Supervisor Johnson moved 'to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None ORDINANCE 42892-9 VACATING 10-FOOT AND ls-FOOT PUBLIC UTILITY EASEMENTS LOCATED ON TRACTS 10 AND 11, JAMISON INDUSTRIAL PARK, (PB 2, PAGE 21), HOLLINS MAGISTERIAL DISTRICT I WHEREAS, the Roanoke County Engineering Staff has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10-foot public utility easement and a 15-foot public utility easement located on Tracts 10 and 11, Jamison Industrial Park Hollins Magisterial District as shown in Plat Book 2, at page 21 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of I an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on April 14, 1992; and the second reading and public hearing of this ordinance was held on April 28, 1992. II BE IT ORDAINED by the Board of Supervisors of Roanoke County, -. ~ 1 "l1li April 28, 1992 253,'" I I Vlrginia, as follows: 1. That a 10-foot public utility easement located along the lot line between Tracts 10 and 11, Jamison Industrial Park, and a 15-foot public utility easement located along the southeast lot lines of Tract 10 and 11, Jamison Industrial Park, Hollins Magisterial District of record in Plat Book 2, at page 21, in the Office of the Clerk of the circuit Court of Roanoke County, Virginia, be, and hereby are, vacated pursuant to section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. 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. 3. That Roano]tc County the owner (Dallas T. Byrd) shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None L. Ordinance Authorizina an Amendment to Exhibit "A" of the Cable TV Franchise Aareement with Cox Cable. ...4 ,. 254;,,· .. "...(> April 28, 1992 þ 0-42892-10 There was no staff report presented and no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None ORDINANCE 42892-10 AUTHORIZING AN AMENDMENT TO THE ROANOKE VALLEY CABLE TELEVISION ORDINANCE, BY AMENDING EXHIBIT A OF THE CABLE TELEVISION FRAN- CHISE AGREEMENT TO PROVIDE FOR CHANGES IN CERTAIN INSTITUTIONAL CABLE DISTRIBUTION SYSTEM INJECTION POINTS WHEREAS, on April 23, 1991,the Board of Supervisors of Roanoke County, Virginia adopted Ordinance No. 42391-15, which enacted thl Valley Cable Television Ordinance for Roanoke County, and Roanoke which authorized the County Administrator to execute the Cable Televi- sion Franchise Agreement on behalf of the County; and, WHEREAS, the Equipment and Facilities Subcommittee of the Roanoke Valley Regional Cable Television Committee recommends that Exhibit A of the Cable Television Franchise Agreement be amended to change certain injection points as provided therein; and, WHEREAS, the Roanoke Valley Regional Television Committee unani- mously agrees with and recommends these changes to the local govern- ments parties to this agreement; and, WHEREAS, the first reading of this ordinance was held, on April 14, 1992, and the second reading of this ordinance was held on APrilll 28, 1992. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY., I ~ 1 I I ~ April 28, 1992 255 VIRGINIA, as follows: . I} That the Roanoke Valley Cable Television ordinance, Ordi- nance No. 42391-15, adopted on April 23, 1991, is hereby amended, including the Cable Television Franchise Agreement, and that the County Administrator is hereby authorized to execute an amended francpise agreement and such other documents as may be necessary to accomplish the purposes of this ordinance. 2} That the amendment authorized by this ordinance pertains to Exhibit A of the Cable Television Franchise Agreement, and the identi- fication of certain Institutional Cable Distribution System Injection Points (those places where live programming may be injected into the Cox Cable System). Exhibit A, with amendments, is attached hereto and incorporated herein by reference. 3) That this ordinance shall be in full force and effect on and after April 28, 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 ~ Ordinance Authorizina the Refund of certain Penalties Imoosed for the Failure to File Tanaible Personal prooertv Tax Refunds or to Pay Personal Prooerty Taxes. ErroneouslY Paid or Assessed. 0-42892-11 In response to Supervisor Eddy's inquiry, Mr. Hodge advised that information concerning the refund will be advertised in the media .... ,... 25 6 April 28, 1992 during the middle of June. No staff report was presented and thereÞ was no further discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, NAYS: None ORDINANCE 42892-11 AUTHORIZING THE REFUND OF CERTAIN PENAL- TIES IMPOSED FOR THE FAILURE TO FILE TANGIBLE PERSONAL PROPERTY TAX REFUNDS OR TO PAY PERSONAL PROPERTY TAXES, ERRONEOUSLY PAID OR ASSESSED. WHEREAS, Section 58.1-3990 of the Code of Virginia, 1950, as amended authorizes the governing body of any city or county to provide by ordinance for the refund of any local taxes or classes or taxes I erroneously paid; and, WHEREAS, it appears that certain penalties imposed for the failure to file tangible personal property returns may have been erroneously assessed; and, WHEREAS, the Board of Supervisors of Roanoke County intends to adopt an ordinance to provide for the refund of erroneously assessed penalties; and, WHEREAS, the first reading and public hearing on this ordinance was held on April 14, 1992, and the second reading on this ordinance was held on April 28, 1992. BE IT BE ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AS FOLLOWS: 'II 1. That pursuant to the authority found in section 58.1-3990 ~ "'l1lI April 28, 1992 , " 2S:¡ 1rg1n1a, , as amen e there 1S hereby authorized the refund of certain penalties imposed upon the failure to file tangible personal property returns for the tax years 1989, 1990, and 1991. 2. That this refund ordinance for personal property tax penalty shall apply only to those penalties assessed on" tangible personal property and where the minimum ten dollar penalty was greater than the penalty of ten percent of the tax due. Further this ordinance shall apply to those penalties imposed by section 21-16 (b) and Section 21- 18 (b) of the Roanoke County Code, before their amendment by Ordinance 12490-3. 3. That no refund or exoneration shall be issued to a taxpayer unless specifically requested in writing by the taxpayer. That if the I penalty has not been paid, then the taxpayer/applicant shall be exonerated from payment of so much of the penalty as is erroneous. The Commissioner of the Revenue is authorized to accept written applications for refunds or exonerations from taxpayers who believe that they may be entitled to such refund or exoneration, and that the Treasurer is authorized to refund or exonerate amounts erroneously paid upon certification by the Commissioner of the Revenue, together with interest actually paid thereon. 4. That in determining whether or not a penalty was erroneously ~ssessed or paid, the Commissioner of the Revenue shall be guided by the June 19, 1990, and March 12, 1992, opinions of the Attorney General for the Commonwealth of Virginia and Ordinance 12490-3. I 5. That the Clerk to the Board of Supervisors is hereby direct~ ed to publish a notice of this ordinance and the procedures necessary ..... ,... 2;,5.;8 April 28, 1992 to apply for a refund or exoneration of erroneously assessed penalti~ in the Roanoke Times & World News. On, motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: APPOINTMENTS h Total Action Aaainst Poverty Board of Directors. Supervisor Johnson nominated himself and appointed Ms. Elizabeth Stokes to serve as his designee for a two-year term. His term will expire May 5, 1994. I IN RE: CONSENT AGENDA R-42892-12 Supervisor Johnson moved to adopt the resolution with Item 4 removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None Supervisor Johnson moved to approve Item 4 with the correct- ed amount. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None I ~ "'l1lI April 28, 1992 259 ~ RESOLUTION 42892-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVI- SORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for April 28, 1992, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separate- ly set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Request for Approval of 50/50 Raffle Permit for the Calendar Year 1992 from Glenvar Youth Boosters, Glenvar High School. I 2. Request for Approval of Raffle Permit from North Cross School. 3. Request for Approval of Raffle Permit from Virginia Children's Health Care Network, Inc. 4. Public-Private Partnership Request by Architectural Wood. 5. Donation of a utility and access easement for water stream gauge on the Roanoke River to the Board of Supervisors of Roanoke County in connection with the Spring Hollow Reservoir 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 this resolu- tion. I On motion of Supervisor Johnson to adopt the resQlution without item 4, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy, ~ ,... 250 April 28, 1992 ~ NAYS: None On motion of Supervisor Johnson to approve item 4 with the amount of the request increased by the sewage connection fee, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Nickens: (1) He inquired about the status of the Vinyard Park Road. Mr. Chambliss responded that he is checking with the Virginia Department of Transportation to assure the successful completion of project. (2) He asked Mr. Hodge to' address thl perception of the transfer station design. Suoervisor Kohinke: (1) He attended the Virginia Municipal Clerk's Association banquet held in Roanoke on April 23, 1992, and co- hosted by the Clerk's Offices of Roanoke County, Roanoke City and the Town of Blacksburg. (2) He reported that he will throw out a ball at North Roanoke Recreation opening day May 2, 1992. (3) He asked for a fact sheet from the Roanoke Valley Resource Authority for the residents in the area in view of the recent problems at the landfill due to heavy rains. (4) He requested an answer to a citizen's inquiry about the width of the entrance at the landfill. Gardner smith responded that this is due to requirements of the Virginia Department of Transportation. (5) He inquired about t.he rock crushing at sprinl Hollow Reservoir which was recently advertised. Cliff Craig explained ~ "'l1lI ..¡ . . ~' ~ \ ,.. April 28, 1992 261 ual ob11gat10n of the contractor and he will keep the members posted on such events as the County is informed. Suoervisor Eddv: (I) He requested that the staff work with the Fifth Planning District Commission to analyze the implications of the County becoming a part of the Appalachian Regional Commission. (2) He asked Mr. Mahoney about the status of the legislative suggestions to the Virginia Association of Counties. Mr. Mahoney indicated he (3) He reported on his will have a list by May 12, 1992. participation in a citizen committee to discuss changes in the formula and allocation for transportation funding. IN RE: REPORTS I Supervisor Johnson moved to receive and file the fOllowing reports. The motion carried by a unanimous voice vote: h General Fund Unaoorooriated Balance .L.. Caoital Fund Unaoorooriated Balance ~ Board Continaency Fund IN RE: WORK SESSIONS ~ Parks' Recreation Work Plan A. Annual Work proaram ~ Bond. Issue ~ Uodate on proiects I Due to the length of the meeting, Chairman Eddy announced that this work session would be rescheduled for May 12, 1992. ~ ,... 26,.2' April 28, 1992 ~ .L.. Consideration of School and County Bond Issue Mr. Hodge, Diane Hyatt, Director, Finance, and Dr. Bayes Wilson, Superintendent, Roanoke County Schools, presented the Board with suggested items to be included in a joint school and County bond issue. In response to inquiries about timing, Mr. Mahoney advised that in order to have a referendum, a court order must be signed 60 days prior to the election day, November 3, 1992. Supervisor Johnson suggested that staff bring back a method to loan money from the unappropriated balance to the schools in advance of their borrowing from the VPSA to fix the roofs. Babette Cribbs. 6045 Burnham Road, spoke in support of all Cave Spring Elementary bond referendum for capital improvements to School. After some discussion, Mr. Hodge was asked to bring back at the May 12, 1992 meeting a detailed bond package including a breakdown on each item. ~ 1992-94 Economic Develooment strateay Due to the length of the meeting, Supervisor Johnson moved to put approval of the 1992-94 Economic Development Strategy on the consent agenda for the May 12, 1992, meeting. The motion carried by a unanimous voice vote. IN RE: EXECUTIVE 'SESSION II At 9:00 p.m., Supervisor Kohinke moved to go~into Executive .,..;.... .' ~ "'II1II April 28, 1992 26'3 pursuan~to the Code of Virginia Section 2.1-344 (a) ( 7 ) to discuss a specific legal matter requiring legal advice concerning Dixie Caverns Landfill; (7) to consult with legal counsel concerning the possible selection of outside counsel; (7) to discuss a specific legal matter requiring legal advice concerning ITT reimbursement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-42892-13 I At 10:10 p.m., Supervisor Nickens moved to return to Open Session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None RESOLUTION 42892-13 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virgin- ia has convened an executi ve 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, Virgin- I ia, that such executive meeting was conducted in conformity with ~ ,... :264 April 28, 1992 ~ :; r Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of supervi- sors 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 heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, I NAYS: None IN RE: ADJOURNMENT At 10:11 p.m., Supervisor Nickens moved to adjourn. The motion carried'byaunanimous voice vote. á /2~,~ "t,:,;,.. :1 ,<- -' ,- ~ ~ , ,}