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HomeMy WebLinkAbout9/8/1992 - Regular ~ 690 ~ September 8, 1992 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 September 8, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of September, 1992. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 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 MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, 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 I The invocation was given by the Reverend George Pearson, Southview United Methodist Church. The Pledge of í ~ ~ 691 .;. September 8, 1992 Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER' OF AGENDA ITEMS Chairman Eddy added Executive Item 2.1-344 (A) (5) discussion of an economic development prospect. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Announcement of Enhanced ISO Ratinq for Roanoke County. (Tommv Fuqua, Fire and Rescue Chief) Chief Fuqua advised that ISO ratings are used by insurance companies to perform premium calculations on properties. The best rating is 1 and the lowest rating is 10. A locality's rating is reviewed every ten years. Chief Fuqua reported that Roanoke County has been notified that their rating has been reduced to a 5/9 from 6/9. The rating of 5 is used when property is located five miles from a fire station and a fire hydrant exists within 1000 feet. The rating of 9 is used for all other property. This change will reduce insurance rates to homeowners by an average of $50 to $70. citizens will be informed of this potential savings through information that will be mailed out with utility bills. Supervisor Johnson asked that staff conduct a random test of one commercial establishment and several residential homes to ensure that insurance rates are lowered. Public Information Officer Anne Marie Green was directed to ~ ~ I I ~ ~ 6,92 ,~ september 8, 1992 I I check on several properties thirty days after notices are sent with utility bills to see whether or not the insurance rates are reduced. IN RE: NEW BUSINESS h Request for Adoption of Operatinq Budqet. (Anne Information Officer) the Reqional Cable TV Marie Green, Public A-9892-1 Ms. Green advised that the Roanoke Valley Regional Cable Television Committee recently approved an operating budget for the regional television studio for 1992-93 which must also be approved by the governing bodies of all three participating jurisdictions. The budget for the eight month period is $52,003 plus $10,000 for contingencies, with the County's share being $21,148.20, which is less than 1% of the gross revenues. Ms Green advised that the Committee has approved hiring a studio manager and it is anticipated that the manager will be available beginning November 1. Supervisor Nickens moved to approve the Regional Cable TV Operating Budget. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Nickens, Eddy Supervisor Kohinke ~ ~ 693 september 8, 1992 ~ h Request to Revise Policy for use of the Roanoke County Administration Center Communi tv Room. (Elmer C. Hodqe, County Administrator) A-9892-2 Mr. Hodge asked that the Board retain the current policy which provided for certain charges to outside organizations because it was consistent with Schools and Parks and Recreation Department. Supervisor Nickens announced he originally supported less stringent rules for use of the room, but now supports keeping the policy as it is. Supervisor Eddy presented a memorandum recommending that non-governmental, civic, political and educational groups use the building during the evenings and I weekends with a $100 refundable damage deposit. He also suggested other changes to the current policy. Supervisor Nickens moved to keep the policy as it currently stands under Resolution 32889-5.b but with an increase in the custodial fee. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens NAYS: Supervisors Minnix, Eddy h Request for Approval of Recommendation to Implement Removal, Remedial and Closure of Dixie I Caverns Landfill. (Paul M. Mahonev, County Attorney) ~ ~ ~ September 8, 1992 694 '\ I I Following discussion on the need for additional staff and a new vehicle, this request was continued until September 22, 1992. The staff was requested to gather the following information: (1) additional information on dealing with consultants, negotiations and a contract with Olver and Associates, (2) potential costs to hire Olver, (3) additional information on using current staff rather than hiring new employees, and the effect this would have on projects such as drainage and roads. IN RE: FIRST READING OF ORDINANCE h Ordinance to Amend and Reenact Section 7-61, Roanoke County Code and Adopt Section 105, Unsafe Buildinqs, Volume II, Virqinia Uniform Statewide Buildinq Code. (Arnold Covey, Director, Enqineerinq & Inspections) Mr. Covey explained that at the present time, Roanoke County does not have authority to condemn unsafe buildings and structures built after September 1, 1973. Adoption of this section would give Roanoke County the authority to condemn buildings and structures regardless of which code was in effect at the time the structure was built. Mr. Covey advised that staff does not recommend adoption of the complete edition of Volume II of the Virginia Uniform Statewide Building Code due to inadequate staff to enforce the additional regulations. Only Section 105 is recommended for adoption. ~ ~ 695 September 8, 1992 ~ Supervisor Nickens moved to approve the first reading and set the second reading for September 22, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h Ordinances Amending and Reenactinq various Sections of the Roanoke County Code to Reflect Recent Leqislative Chanqes By the General AssemblY. (Joseph Obenshain, Sr. Assistant County Attorney) Mr. Obenshain reported that the proposed changes to the Roanoke County Code reflect a variety of housekeeping amendments I which were either mandated or authorized by the General Assembly in recent amendments to the Code of Virginia. Supervisor Johnson moved to approve the first reading and set the second reading for September 22, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None a. ORDINANCE AMENDING AND REENACTING SEC. 3-5. SMOKING PROHIBITED., SEC. 3 -8. EXEMPTIONS. , SEC 3-10. POSTING REOUIREMENTS. AND SEC. 3- 12. ENFORCEMENT. OF ARTICLE II, ROANOKE COUNTY SMOKING POLICY OF CHAPTER 3, AIR POLLUTION OF THE ROANOKE COUNTY CODE REGARDING EXCEPTIONS TO AND ENFORCEMENT OF THE VIRGINIA INDOOR CLEAN AIR ACT. b. ORDINANCE AMENDING AND REENACTING SEC. 4-86. I DEFINITIONS., SEC. 4-90. PARTICIPATION IN _ MANAGEMENT, OPERATION OR CONDUCT GENERALLY., SEC. 4-95. LIMITATION ON VALUE OF' PRIZES., ~ ~ ~ September 8, 1992 696 I SEC. 4-96. FINÁNCIAL RECORDS AND REPORTS GENERALLY., SEC. 4-97. CERTIFICATE TO ACCOMPANY FINANCIAL REPORT., SEC 4-100. LIMITATION ON FREQUENCY OF BINGO GAMES., SEC 4-101. RESTRICTIONS ON USE OF GROSS RECEIPTS FROM BINGO GAMES OR RAFFLES., SEC 4-113. OUALIFICATIONS OF APPLICANT., AND SEC. 4-117. VALID ONLY IN COUNTY AND AT DESIGNATED LOCATIONS: EXCEPTION. OF ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENTS OF THE ROANOKE COUNTY CODE c. ORDINANCE AMENDING AND REENACTING SEC. 7-68, REPAIR OR DEMOLITION BY COUNTY OF ARTICLE IV. UNSAFE BUILDINGS AND STRUCTURES OF CHAPTER 7, BUILDING REGULATIONS OF THE ROANOKE COUNTY CODE CONCERNING LIENS AGAINST REAL ESTATE FOR COST OF REPAIR OR DEMOLITION d. ORDINANCE AMENDING AND REENACTING SEC. 9-18. ENFORCEMENT OF ARTICLE II. VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9, FIRE PREVENTION AND PROTECTION OF THE ROANOKE COUNTY - CODE TO AUTHORIZE FIRE MARSHAL TO ENTER PROPERTY TO INVESTIGATE RELEASE OF HAZARDOUS MATERIALS e. ORDINANCE AMENDING AND REENACTING SEC. 10-4, APPLICATION FOR LICENSE: DUTIES OF COMMISSIONER: PENALTIES FOR OPERATING BUSINESS WITHOUT A LICENSE, FAILING TO FILE AN APPLICATION, OR FILING FALSE STATEMENTS., OF ARTICLE I. IN GENERAL TO RESTRICT ISSUANCE OF BUSINESS LICENSES WHERE ANY TAXES DUE THE COUNTY ARE UNPAID AND SEC., 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS OF CHAPTER 10 LICENSES OF THE ROANOKE COUNT CODE TO ADD AND DELETE CERTAIN OCCUPATIONS AND TO ADD f. ORDINANCE AMENDING AND REENACTING SEC. 12-26, REOUIRED: EXCEPTIONS, OF ARTICLE II. COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE CONCERNING THE SITUS OF MOTOR VEHICLES I q. ORDINANCE AMENDING AND REENACTING SEC 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. OF ARTICLE III, PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE ROANOKE COUNTY ~ II"" 697 september 8, 1992 ~ CODE TO ESTABLISH STANDARDS FOR IDENTIFICATION OF HANDICAPPED PARKING SPACES BY ABOVE GRADE SIGNS. h. ORDINANCE ENACTING SEC. 12-102, REMOVAL OF VEHICLES INVOLVED IN ACCIDENTS TO PROVIDE AUTHORITY TO REMOVE VEHICLES WHICH ARE IMPEDING THE FLOW OF TRAFFIC AND FOR THEIR STORAGE IN RE: i. ORDINANCE AMENDING AND REENACTING SEC. 16.1- 25. INSPECTION OF RECORDS REQUIRED BY CHAPTER AND OR ARTICLES LISTED IN SUCH RECORDS., O~ ARTICLE II. DEALERS, OF CHAPTER 16.1, PRECIOUS METALS AND GEMS, OF THE ROANOKE COUNTY CODE TO PERMIT LAW ENFORCEMENT OFFICERS TO TAKE POSSESSION OF ITEMS KNOW TO BE STOLEN. j. ORDINANCE AMENDING AND REENACTING SEC. 17-2. DEFINITIONS., SEC. 17-14. MODIFICATION OF CONTRACTS., AND SEC. 17-15. PERFORMANCE AND PAYMENT BONDS GENERALLY., OF, ARTICLE I. IN GENERAL, SEC. 17-75. PROVISIONS APPLICABLE TO PROCUREMENT OF PROFESSIONAL SERVICES., OF DIVISION 3. COMPETITIVE NEGOTIATION, AND SEC. 17-86. DEFINITIONS., OFJ DIVISION 4. SMALL PURCHASES, OF ARTICLE II. COMPETITIVE PROCUREMENT OF CHAPTER 17 PROCUREMENT CODE OF THE ROANOKE COUNTY CODE TO EXPAND THE DEFINITION OF PROFESSIONAL SERVICES, TO INCREASE THE AMOUNT BY WHICH FIXED-PRICE CONTRACTS MAY BE INCREASED BY THE PURCHASING AGENT, TO INCREASE THE MINIMUM AMOUNT OF PUBLIC CONSTRUCTION CONTRACTS FOR WHICH PERFORMANCE AND PAYMENT BONDS ARE REQUIRED, TO AMEND THE CONDITIONS FOR COMPETITIVE NEGOTIATION WITH QUALIFIED OFFERORS OF PROFESSIONAL SERVICES AND RAISE THE CEILING FOR SMALL PURCHASES AND PURCHASES RELATED TO MICROCOMPUTERS. CONSENT AGENDA R-9892-3 Supervisor Kohinke moved to approve the Consent Agenda. The motion carried by the 'following recorded vote: l I I ~ 698 ~ september 8, 1992 AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 9892-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: o 1. that the certain section of the agenda of the Board of Sup~rv~sp~s for, September 8, 1992, designated as Item J - 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 3, inclusive, as follows: 1. Approval of Minutes - August 12, 1992 2. Authorization to Pay Legal Fees for Litigation with Grumman Emergency Products, Inc. 3. Donation of utility and Access Easement for Water Stream Gauge on the Roanoke River 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 resolution. On motion of Supervisor Kohinke to adopt', the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy I NAYS: None ~ "'" 699 September 8, 1992 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUQervisor Johnson: (1) He asked about VHDA financing of the Peters Creek Apartments, and if a sixty day extension is sufficient. Mr. Hodge advised affirmatively. (2) He asked about the boundary adjustment for Vineyard Park. This will be discussed in executive session. (3) He received a letter from a citizen requesting a response to his problem in timely manner. (4) He asked about the possibility of a City bus extension to Hollins Manor. John Chambliss responded that they are trying to extend CORTRAN service to that area but existing vans are at capacity. Mr. Chambliss will bring back, a report. (5) He congratulated the Parks and Recreation Department on their newsletter for teenagers, and expressed pride at all County does for that age group. Supervisor Kohinke: He announced that his wife had given birth to a daughter. Supervisor Nickens: (1) He congratulated Mr. Hodge on being President of VLGMA and asked that County pay his expenses to the ICMA Conference. Mr. Hodge explained that staff has not taken trips beyond the Mississippi River at County expense. Supervisor Nickens asked that publicity be, sent on Mr. Hodge's Presidency to the newspaper and Blue Ridge Region Business Journal. (2) He publicly apologized to Terry Harrington, Director of Planning & Zoning, for comments he made at the August 25, 1992 meeting. Supervisor Eddv: He announced that he had attended ~ ~ I I "'II1II ~~o \J ~ september 8, 1992 Mayor Bowers' fourth summit meeting, and has summarized the ,meeting in a September 3 letter. IN RE: I CITIZENS' COMMENTS AND COMMUNICATIONS h Dr. Allan Hoffman, President of the Roanoke River Basin Association to speak on Issues Affectinq Water Availability to Roanoke County. Mr. Hoffman spoke in opposition to the attempt by Virginia Beach to use the Roanoke River Watershed for their water supply. He asked that Roanoke County join in the opposition. Chairman Eddy directed that staff evaluate the request for membership in the Roanoke River Basin Association. IN RE: REPORTS Supervisor Johnson moved to receive the file the following reports. The motion carried by a unanimous voice vote. h General Fund Unappropriated Balance h capital Fund Unappropriated Balance ~ Board continqency Fund ~ Accounts Paid - July 1992 ~ Schedule of Community Meetinqs to be Held on the Proposed Zoninq Maps. IN RE: WORK SESSIONS I h Noise Ordinance ..... "'" }'O t september 8, 1992 ~ Assistant County Attorney Joe Obenshain reported that the proposed ordinance follows the outline of current ordinances in the City of Roanoke and Town of Vinton. The ordinance was discussed in the Public Safety Team as well as the Commonwealth Attorney's Office and Police Department. Mr. Obenshain advised that the ordinance deals with public noise nuisances. Their primary concern was enforcement and the ordinance is written generally in terms of levels of noise. Police Chief John Cease advised that the number of complaints will rise when the ordinance is adopted and expressed concern about the possibility of the police officers settling neighborhood disputes. However, he felt that the new ordinance was reasonable and that most of the cases will not be settled in court but will be settled on the street between the complaining parties. Violations will be a Class 1 misdemeanor. In response to an inquiry from Supervisor Kohinke, Mr. Obenshain stated that the ordinance was developed primarily for more populated areas of the County, but would apply county-wide. Supervisor Johnson asked for the first reading of ordinance to be on September 22, 1992, and second reading be held on October 27, 1992 during the evening session to allow for citizen comment. h Alternative Discharqe Sewaqe Treatment Systems Mr. Hodge reported that several studies have been ~ I I 'i ~ september 8, 1992 '10?' . I I conducted on these systems since 1988 when the Board first considered using them. Staff is still concerned about "leapfrog" development, the impact on the stream, and future state Water Control Board standards. However, if the Board decides to approve use of the system, staff would like stringent controls and is requesting that they be limited to use by those whose septic systems have failed. Supervisor Nickens advised that he was only interested in these systems for failed septic systems. There was no interest expressed by any Board members for use of the al ternati ve discharge sewage treatment system except as a last resort when a septic system has already failed. Planner Jon Hartley reported that some concerns from 1988 have been addressed by the Health Department regulations. However, the County still may wish to add requirements such as posting a bond to back up the monitoring guarantee. If the Board wishes to allow these systems, changes would have to be made to the new zoning ordinance. Supervisor Johnson stated that the County should be obligated to make sure that whatever is recommended does not negatively impact surrounding residences, and that a bond should be posted. Mr. Hartley advised that the Health Department has condemned few houses, because of a failed septic system and most of them were rental properties where the owner was unwilling to install an alternative system. In response to a question from Supervisor Eddy, Mr. Hartley advised that new systems will ~ "'" 70'3 September 8, 1992 "require a maintenance contract. However, the homeowner is responsible for ensuring that the monitoring is done. There was general consensus by the Board members to allow alternative discharge sewage disposal systems only for failed septic systems. staff will bring back amendments to the Zoning Ordinance after January 1, 1993 to allow for individual sewage treatment systems for failed systems only. IN RE: EXECUTIVE SESSION At 5:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to Section 2.1-344 A (3) to discuss consideration of the acquisition of real property for public purposes; and (7) consultation with legal counsel and briefings by staff members pertaining to specific legal matters requiring provision of legal advice by counsel, i.e. boundary adjustment at Vineyard Park; (5) to discuss potential economic development prospect. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-9892-4 At 8: 30 p.m., Supervisor Minnix moved to return to regular session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ~ I I ~ ~ September 8, 1992 1104 NAYS: None RESOLUTION 9892-4 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. I 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 heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the resolution, I and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOURNMENT ~ "'" 705 .;' September 8, 1992 ~ At 8:31 p.m., Supervisor Johnson'moved to adjourn. motion was approved by a unanimous voice vote. ~ß Lee B. Eddy, ~ The I ( I