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HomeMy WebLinkAbout7/28/1992 - Regular ~ I I ~ July 28, 1992 418 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 July 28, 1992 The 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 July, 1992. 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, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: Supervisor Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Joseph Obenshain, Assistant County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. ~ "'" ~~t ~. July 28, 1992 ~ IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS ~ Resolution of Appreciation to Roanoke Moose Lodae No. 284 for Donation of a Rescue Boat to Catawba- Mason Cove Rescue Sauad. R-72892-1 vice Chairman Ed Kohinke presented the resolution to the President of the Roanoke Moose Lodge No. 284. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens I RESOLUTION 72892-1 OF APPRECIATION TO ROANOKE MOOSE LODGE NO. 284 FOR DONATION OF A RESCUE BOAT TO CATAWBA-MASON COVE RESCUE SQUAD WHEREAS, fire and rescue protection is an important service provided to County residents; and WHEREAS, the volunteer" Fire and Rescue Squads of Roanoke County have a long history of outstanding service to the citizens of the County; and WHEREAS, the support of the community is an important component of that service; and WHEREAS, Roanoke Lodge No. 284, Loyal Order of Moose, has donated to the Catawba-Mason Cove Rescue Squad a swift water II rescue boat and related equipment, which will be used in the ~ ~ July 28, 1992 .420 event of flooding, or for rescue in the lakes, rivers and streams of the County; and WHEREAS, through this gift to the Catawba-Mason Cove Rescue Squad, the Roanoke Moose Lodge has demonstrated its generosity and community service orientation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of the Mason Cove/Bradshaw area of the County, expresses deepest appr:eciation and thanks to the ROANOKE MOOSE LODGE NO. 284 and its membership for the support and benevolence which it has shown to Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and I carried by the fallowing recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN RE: NEW BUSINESS ~ Reauest for Authorization to Conduct sanitary Sewer Evaluation/Rehabilitation (SSE/R) proaram on PrivatelY Owned· Sewer Facilities. (Clifford Craia, utility Director) I A-72892-2 Mr. Craig repQrted that the 'SSE/R Program was approved in 1986 to reduce the amount of infiltration and inflow into the ~ "'" -42,1 July 28, 1992 sanitary sewer system. Following the April 1992 flooding, residents in the Penn Forest area experienced difficulty with back up from the sanitary sewer system into their homes. staff believes the cause is improper discharge of stormwater into the system which could be addressed by a private SSE/R program. Mr. craig advised that (1) private facilities will be inspected only after completion of the public portion of the program in their area; (2) Property owners will received written notification prior to scheduling the inspection and will be asked to sign a , form giving permission for the inspection; (3) Inspections of the interior portion of any building will only be conducted in the presence of the homeowner or designee; and (4) All inspections will be performed by County employees carrying proper identification. Mr. Craig offered four options for handling the Private SSE/R Program. He further explained that the penalties in the Roanoke County Code for discharge of stormwater into the sewer system include fines of up to $1,00~ per day and/or confinement in jail for not more than 12 months. staff recommended that the Board authorize staff to conduct the program using the procedures Mr. Craig outlined and that the ,property owners be given six months to correct illegal facilities before enforcement action is taken. Mr. Hodge, however, recommended proceeding with testing for 90 days after which the staff would bring back a report and recommendation to the Board, who could decide at that time whether to take enforcement action. Supervisor Johnson moved to the staff approve ~- ~ I I I I ~ July 28, 1992 '422; recommen a owever, members of the Board expressed concern about the strict penalties. Supervisor Johnson withdrew his motion. Supervisor Kohinke moved to approve the staff recommendation and that the problems should be reevaluated in 90 days. Supervisor Johnson asked the County Attorney what the county's liability could be. Mr. Obenshain advised that County would not be liable because it did not set up the illegal sewer line. Supervisor Minnix recommended that the penalties should be established immediately after the 90 days testing. Supervisor Johnson offered a substitute motion to authorize staff to go forward with testing and report back in 90 days, and that there be no enforcement of fines levied during that time. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ~ Reauest for Fundina for the Roanoke Reaional Housina strateay. (Terry Harrinaton. P1annina , Zonina Director) A-72892-3 Mr. Harrington advised that Roanoke County has actively participated in the formation and operation of the Roanoke Regional Housing Network, comprised of representatives from Roanoke County, Salem, Roanoke City and over 20 other regional agencies and associations. The Network is currently involved in ~ "'" 423 July 28, 1992 a proposal to invite the Enterprise Foundation to the Roanoke Valley to undertake an assessment of the Valley's affordable housing needs. The cost is $10,000 plus travel. The Network has requested that each locality contribute $2,000 toward the cost. Mr. Harrington recommended that the Board appropriate $2,000 from the Board Contingency Fund for this request. Supervisor Johnson moved to approve funding of $2,000 from the Board Contingency Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens .L. Reauest for Appropriation from Millard Trussell. Administrator) of Donation Received (Elmer Hodae. County A-72892-4 There was no discussion. Staff recommended that Mr. Trussell's donation be set up in a special account, and that the Employee Advisory Committee review and make a recommendation on the possible use of the contribution. Supervisor Kohinke moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Eddy None ~ ~ I I ~ I I ~ July 28, 1992 -4/24 ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS ~ Reauest for Work Session on Auaust 11, 1992, to Review utility proiects in the Capital Improvement Proaram. A work session was set for August 11, 1992. ~ Reauest for Work session on Auaust 11, 1992. on Expansion of the Sewaae Treatment Plant. A work session was set for August 11, 1992. IN RE: REOUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading of the ordinances and set the public hearing for August 25, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ~ An Ordinance to Amend Proffered Conditions on a 0.685 Acre Tract Zoned M-1 to Allow Automobile Repair and Wholesale Storaae Warehouses, Located at 2730 Peters Creek Road, Catawba Maaisterial District, Upon the Petition of Thomas R. Hubbard. Jr. ~ "'" :4'25 July 28, 1992 ~ An Ordinance to Rezone ApproximatelY .25 Acre from B-2 to B~l, Located at 5314 Fallowater Drive. Cave Sprina Maaisterial District, Upon the Petition of G. L. Boone and J. A. Boone. IN RE: FIRST READING OF ORDINANCES ~ An Ordinance Authorizina the Acauisition of Easements and Property for the South Transmission Line and starkey Road Water Proiects. (Clifford craia. utility Director) This request authorizes acquisition of easements at a cost not to exceed 40% of the assessed value plus cost of the actual damage, and property at a cost not to exceed the assessed value. In response to a question from Supervisor Kohinke regarding how many property owners have refused to cooperate, Mr. Craig advised that most problems have been resolved and only five people still have questions. Supervisor Kohinke moved to approve the first reading of the ordinance and set the second reading for August 11, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ~ An Ordinance Amendina and ReadoÞtina Ordinance 71189-6 Concernina the Conveyance of 2.281 Acres of Real Estate (Southview) to the Commonwealth of ~ ~ I I I I ~ July 28, 1992 '4"26 V1ra1n1a. by Deletina the Reversionary Provisions. An Emeraency Measure. (Paul Mahoney. County Attorney) 0-72892-5 There was no discussion on this issue. Supervisor Kohinke moved to adopt the ordinance and waive the second reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72892-5 AMENDING AND READOPTING ORDINANCE 0-71189-6 CONCERNING THE CONVEY- ANCE OF 2.281 ACRES OF REAL ESTATE (SOUTHVIEW) TO THE COMMONWEALTH OF VIRGINIA, BY DELETING THE REVERSIONARY PROVISIONS THEREOF, AN EMERGENCY MEASURE WHEREAS, on July 11, 1989 the Board of Supervisors of Roanoke County, Virginia adopted Ordinance 0-71189-6, which authorized the acceptance and acquisition of 6 acres of real estate (Southview) from the Roanoke County School Board, and further, authorized the conveyance of 2.281 acres thereof to the Commonwealth of Virginia for the construction of a forensics laboratory, and, WHEREAS, paragraph 5 of said ordinance directed that a reversionary clause be incorporated in any deed of conveyance to the commonwealth, and, ~ "'" 4 2 ]-.. =- July 28, 1992 WHEREAS, it ,now appears that the reversionary clause consti- tutes an impediment to the issuance of bonds by the virginia Public Building Authority to finance the construction of the proposed forensics laboratory on said property, and, WHEREAS, since the Virginia Public Building Authority proposes to price the bonds on July 28, 1992, and to execute the formal Bond Purchase Contract on July 29, 1992, time for appropriate action is critical, and, WHEREAS, upon the request of bond counsel for the Virginia Public Building Authority and upon the assurances contained in the preliminary official statement, it appears necessary and appropriate to authorize the removal of the reversionary clause from the original deed, and, WHEREAS, the first reading of this ordinance was held on July 28, 1992, and since an emergency exists, that the second reading of this ordinance be dispensed with, in accordance with Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 0-71189-6 is hereby amended and readopted, by the deletion of paragraph 5 of said ordinance, said paragraph reading as follows: That if the Commonwealth of Virginia ceases to utilize said property for a forensics laboratory, then said property shall revert to the county. Further, if the Commonwealth does not commence construction of a foren- sics laboratory facility on this property by June 30, 1993, then said property shall revert to the County. ~ ~ I I I I- ~ July 28, 1992 428' e conveyance of 2.281 acres of real estate to the Commonwealth of Virginia for the purpose of constructing a forensics laboratory is hereby authorized and approved. 3. That the County Administrator is hereby authorized to execute and deliver a deed of correction removing the reversionary clause contained in the original deed, and such other documents and take such actions as may be necessary ~ to accomplish this transaction, all of which shall be on form approved by the County Attorney. 4. That an emergency exists requiring the immediate adoption of this ordinance, dispensing with the second reading thereof. This ordinance shall take effect upon adoption. On motion of Supervisor Kohinke to adopt the ordinance and waive the second reading, and carried by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Supervisors Johnson, Kohinke, Minnix, Eddy None Supervisor Nickens SECOND READING OF ORDINANCES ~ Ordinance authorizina the conveyance easement to Appalachian Power Company. Chambliss, Assistant County Administrator) of an (John 0-72892-6 adopt There was no discussion. the ordinance. The motion Supervisor Johnson moved to carried by the following ~ ".. 429 July 28, 1992 recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72892-6 AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses, i.e~ an electric line easement; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the subject property was held on July 14, 1992; a second reading was held on July 28, 1992; and 3. That the electric line easement across property owned by Roanoke County (Stonebridge Park) for Appalachian Power Company upgrades the power lines to the East Vinton Plaza; and 5. That the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 6. That the offer of the Appalachian Power Company of One Dollar ($1.00) for the easement is hereby accepted and all other offers are rejected; and 7. That the County Administrator is authorized to execute ~ ~ I 1 I 1 ~ July 28, 1992 430 ~ ~'" ~~ suc take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said easement, , all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN RE: APPOINTMENTS ~ Community Corrections Resources Board Supervisor Eddy nominated Mrs. Chris pickard to another one-year term as an alternate. Her term will expire August 13, 1993. ~ Hiahway and Transportation Safety Commission Supervisor Minnix nominated Glen Siverling and Robert Johnson to serve four-year terms. These terms will expire June 30, 1996. IN RE: CONSENT AGENDA Supervisor Johnson moved to adopt the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ~ "'" 431 July 28, 1992 ABSENT: Supervisor Nickens RESOLUTION 72892-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 July 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 through 6, inclusive~ as follows: 1. Confirmation of Committee Appointments to Parks and Recreation Advisory Commission and Roanoke Valley Regional Solid Waste Management Board. 2. Approval of Raffle Permit and One-Time Bingo Game from Penn Forest Elementary School P.T.A. 3. Request to Accept Grant Library and Archives for Service for County Library. from Virginia state VLIN Online Database 4. Request for Appropriation of $675 to the School Grant Fund for a Transition Program Support Mini- Grant. 5. Acknowledgement of Acceptance of 0.60 Miles of Edgebrook Road into the Secondary system by the Virginia Department of Transportation. 6. Approval of Resolution Opposing Legislation Concerning the Reporting or Taxes to the Federal Government. Federal Property 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said ~ ~ """ I I ~ July 28, 1992 -4-32' a u a 10n for any such 1tem pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens RESOLUTION 72892-7.f OPPOSING FEDERAL LEGISLATION CONCERNING THE REPORTING OF PROPERTY TAXES TO THE FEDERAL GOVERNMENT WHEREAS, a Bill has been approved by the Ways and Means Committee of the United states House of Representatives, and is I currently being considered by the full House, which would require state and local governments to itemize property tax bills in order to distinguish deductible taxes from non-deductible fees; and WHEREAS, the Bill would further require that state and local governments prepare IRS 1099 forms for all taxpayers, and to mail those forms both to the taxpayers and to the Internal Revenue Services; and WHEREAS, the information is currently available to the Internal Revenue Service on a case-by-case basis during an audit of an individual taxpayer; and I WHEREAS, the cost of changing computer systems to separate the information into the required categories, and the additional cost of preparing and mailing these forms would be an unnecessary, unfair and burdensome cost on each local government ....4 "'" 4~~3 July 28, 1992 and its taxpayers. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby strongly object to the proposed bill, introduced by Rep. William Coyne (D- Pa), and urges its representatives in Congress to work for its defeat; and FURTHER, BE IT RESOLVED, that copies of this resolution be transmitted immediately to the Honorable John Warner, the Honorable Charles Robb, the Honorable Jim Olin and the Honorable Rick Boucher. On motion of supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN.RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: He reported on the Audit Committee Meeting and announced that a five-year contract has been awarded to Peat Marwick. IN RE: REPORTS ~ I Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote I with Supervisor Nickens absent. ~ ~ I 1 ~ July 28, 1992 4"34 1. General Fund Unappropriated Balance Capital Fund Unappropriated Balance Board Continaency Fund Accounts Paid - June 1992 1991 Water proiects Smith Gap Landfill ~ .L. .L. h .L. IN RE: RECESS At 4:20 p.m., Chairman Eddy declared a recess. RECONVENEMENT At 4:30 p.m., Chairman Eddy reconvened the meeting. IN RE: IN RE: WORK SESSION ~ Final Review of the Zonina Ordinance. Planning and Zoning Director Terry Harrington reported that the remaining issues regarding the proposed zoning ordinance are concerns from the Roanoke Regional Homebuilders Association and suggestions offered by Board Chairman Lee Eddy. One of the issues from the Homebuilders Association was their opposition to the separation of the approval process for the text and the maps. However, the Planning Commission supports the separation. Supervisor Eddy suggested approving the text, but setting the effective date when the maps are ready . Supervisor Kohinke advised he would like to change the setback requirements on Blacksburg Road, and is still concerned about the three acre ....4 "'" .435 July 28, 1992 minimum lot size in AG-3 zoning. Supervisor Johnson expressed support for approving the zoning ordinance but not implementing it until the maps are complete. The Board reviewed Supervisor Eddy's suggested changes and agreed with points 7, 9, 10 and 13 as outlined in his memorandum. It was the Board's consensus to adopt the zoning ordinance at the August 25, 1992 meeting with implementation to be effective on December 31, 1992. There are issues still pending such as lot sizes and lot sizes for townhouses. Mr. Harrington will present to the Board at the August 25, 1992 meeting an addendum which will include the changes resulting from the work sessions which have been held. IN RE: EXECUTIVE SESSION At 5:50 p.m., Supervisor Minnix moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (3) to consider the acquisition of real estate and (7) for consultation with legal counsel pertaining to actual or probable litigation: (a) Conner v. McGraw, et al and (b) Robertson v. Holt, et ale The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN RE: CERTIFICATION OF EXECUTIVE SESSION ~ ~ I I 't I I ~ July 28, 1992 436 R-72892-8 At 7: 04 p. m, Supervisor Johnson moved to return to Regular Session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens RESOLUTION 72892-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such 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 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 .~ ".. -..437 July 28, 1992 ~ heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~ Presentation by Virainia Amateur Sports. Mr. Kenneth King, Chairman, Virginia Amateur Sports Board of Directors, presented plaques of appreciation to Marcia Patton, John Chambliss and the County of Roanoke for their contributions to the success of the Virginia Amateur Sports games held earlier in the year. I IN RE: PUBLIC HEARINGS ~ PUblic Hearina on the Department of Transportation Secondary Road System six Year Construction Plan for Fiscal Year 1992-93. (Arnold Covey. Enaineerina & Inspections Director) R-72892-9 One citizen spoke. Darrell Brarg;tetter, 6613 Sylvan Brook Road, presented a map to the Board with recommended changes I ~ I I ~ July 28, 1992 438 ~o ~a~~ oaK Dr1ve. Cha1rman Eddy d1rected that staff review this road for possible inclusion in the next six year plan. Supervisor Kohinke moved to adopt the funding resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens RESOLUTION 72892-9 APPROVING AND THE ADOPTION OF THE FUNDING OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1992-93 WHEREAS, a public hearing was held on July 28, 1992, to receive comments on the adoption of the funding for the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1992-93; and WHEREAS, The Board does hereby approve the adoption of the funding for the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1992-93 as set out on the attached construction program allocations. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Year 1992-93 by the Clerk to the Board. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: ....4 "'" 439,' July 28, 1992 AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ~ A Resolution Authorizina a Special Use Permit to Operate a Sanitary Fill stump Dump and Inert Material Landfill on a 74.86 Acre Tract, Located on the East Side of Merriman Road. Cave Sprina Maaisterial District. Upon the Petition of Joe Bandy , Son. Inc. (Terry Harrinaton. Plannina and Zonina Director) (PETITIONER HAS REOUESTED A CONTINUANCE UNTIL AUGUST 25. 1992) Mr. Harrington advised that Mr. Bandy has requested that this issue be deferred to August 25, and that he is revising his request and will limit it to modify only the buffering requirements. The matter will be referred back to the Planning Commission. The following citizens spoke in opposition to Mr. Bandy's, original request. 1. Marlin H. Thompson, Route 2, Box 167, Boones Mills, Va 2. Iris Moye, Route 1, Boones Mills, Va Supervisor Minnix moved to refer the matter back to the Planning Commission. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy ~ ~ I I ,""II1II July 28, 1992 4402 't NAYS: None ABSENT: Supervisor Nickens Supervisor Johnson asked that staff inspect the dump more frequently in the ßuture. IN RE: PUBLIC HEARING AND SECOND READING OF. ORDINANCES ~ An Ordinance amendina and readoptina Article I "In General" of Chapter 21. "Taxation" of the Roanoke County Code by the Addition of a New Section 21-8 "Administrative Fees for Tax Collection by Leaal Action." (Alfred C. Anderson, County Treasurer) 0-72892-10 ./ II question from Supervisor Minnix, Mr. Anderson advised that less than one percent are delinquent in their taxes. There were no citizens present to speak. In response to a Supervisor Kohinke moved to adopt the ordinance. The , motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72892-10 AMENDING AND READOPTING ARTICLE I "IN "GENERAL," OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY ·CODE BY THE ADDITION OF A NEW SECTION 21-8 "ADMINISTRATIVE FEES FOR TAX COLLECTION BY LEGAL ACTION" I WHEREAS, section 58.1-3958 of the Code of Virginia, 1950, as amended, authorizes a local governing body to' impose on ~ ".. 44 1 July 28, 1992 delinquent taxpayers a fee to cover administrative costs associated with the collection of delinquent taxes; and, WHEREAS, the Treasurer of Roanoke County has recommended that the Board of Supervisors adopt such an ordinance; and, WHEREAS, the Board hereby determines that the adoption of this ordinance is in the public interest since it places a portion of the costs of collection upon those individuals requiring such collection actions; and WHEREAS, the first reading of this ordinance was held on July 14, 1992; and the second reading and public hearing was held on July 28, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That Article I. "IN GENERAL" of Chapter 21. "TAXATION" of the Roanoke County Code, is hereby amended and readopted by the addition of a new section as follows: Section 21-8. Administrative Fees for Tax Collect'ion bv Leqal Action There is hereby imposed upon the person or persons owing any tax levied by the County a fee to cover the administrative costs associated with the collection of delinquent taxes. This fee shall be in the amount of Twenty ($20.00) Dollars for taxes collected subsequent to the filing of a warrant or other appropriate legal document but prior to judgment, and Twenty-Five ($25.00) Dollars for taxes collected subsequent to judgment. Such fee shall be in addition to all penalties and interest. ~ ~ I I I I ~ July 28, 1992 442 Nothing in this ordinance shall foreclose the County's coLlection of additional or higher fees and costs, where allowed by general law of the Commonwealth. 2) That the effective date of this ordinance shall be from and after July 28, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ~ An Ordinance to rezone .9 acre from M-2 to R-1 to Allow Continuation and Expansion of an Existina Residential Use. Located at 4616 Lavman Road. Hollins Maaisterial District, UDon the Petition of Martha C. Chinault. (Terry Harrinaton. Planninq and Zonina Director) 0-72892-11 There was no discussion and no citizens spoke. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens ORDINANCE 72892-11 TO CHANGE THE ZONING CLASSIFICATION OF A . 9 ACRE TRACT OF REAL ESTATE LOCATED AT 4616 LAYMAN ROAD (TAX MAP ~ "'" ,443 July 28, 1992 ~ NO. 40.04-1-58) IN THE HOLLINS" MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M- 2 TO THE ZONING CLASSIFICATION OF R-1 UPON THE APPLICATION OF MARTHA C. CHINAULT WHEREAS, the first reading of this ordinance was held on June 23, 1992, and the second reading and pUblic hearing was held July 28, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 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 I real estate containing .9 acre, as described herein, and located at 4616 Layman Road, (Tax Map Number 40.04-1-58) in the Hollins Magisterial District, is hereby changed from the zoning classification of M-2, General Industrial District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Martha C. Chinault. 3. That said real estate is more fully described as follows: Beginning at a point in the center line of Glade Creek at a point where same intersects the northerly right-of-way line of State Route No. 606 and said point being 25 feet north of the said center line of State Route No. 606; thence running along the northerly right-of-way line of Route No. 606 and being 25 feet north and parallel to the said center I ~ I I ~ July 28, 1992 '44 ~.~ line of same a distance of 440 feet, more or less, to a point where said highway right-of- way line intersects the easterly right-of-way line of the N&W Railway Company and said point being 40 feet east of the said center line of the easternmost track; thence along the easterly right-of-way line of said railway company 40 feet east and pàrallel to the center line of the 'easternmost track 130 feet, more or less, to a point in said right- of-way line where same intersects the center line of Glade Creek; thence leaving the railway company's right-of-way line and running down the center line of Glade Creek 305 feet, more or less, with the meanders thereof to a point in center line of Glade Creek where same intersects the northerly right-of-way line of Route No. 606, the point of Beginning, and containing 0.90 acre, more or less. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Eddy NAYS: None ABSENT: Supervisor Nickens IN RE: ADJOURNMENT At 7:50 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Nickens absent. /3' f ~ ".. ~-';', ",-,- . '..... ~ ~ I .1 y