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HomeMy WebLinkAbout12/1/1992 - Regular ~ 882, ~ Deoember 1, 1992 - (, Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S~W. Roanoke, Virginia 24018 December 1, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first scheduled meeting of the month of December, 1992. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhihke, 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 C. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES I The invocation was given by the Reverend James Beaver, Penn Forest Church of God. The Pledge of Allegiance was recited by all ~ ,... 883 Deoember 1, 1992 present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy added an Executi ve Session item concerning land acquisition for pUblic school purposes, and Item 8, a resolution supporting Botetourt County's Emissions Ordinance. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS h Resolution of Conaratulations to the Members of the Roanoke county Polioe DeDartment fòr Reoeivinq National Aooreditation from the Commission on Aooreditation for Law Enforoement Aaenoies. R-12192-1 Chief John Cease, Leigh Ann Vulgan, Gary Roche, Jeff Swortzel, and Kevin Meredi th from the Police Department were present to accept the resolution. Prior to the presentation of the resolution,' a reception was given by the Board to recognize and honor members of the Police Department for achieving this accreditation. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 12192-1 OF CONGRATULATIONS TO THE ROANOKE COUNTY POLICE DEPARTMENT FOR RECEIVING ACCREDITATION FROM THE COMMISSION ON THE ACCREDITATION OF LAW ENFORCEMENT AGENCIES WHEREAS, the Roanoke County Police Department was formed in ~ ~ I I ~ ~ Deoember 1, 1992 884 1990, and since that time, has worked toward the goal of achieving national accreditation for the Department; and WHEREAS, the Commission on the Accreditation of Law Enforce- ment Agencies (CALEA) is a national organization which accredits police agencies throughout the Country; and WHEREAS, there are less than 300 agencies nationwide which have received accreditation from CALEA, a process that subjects departments to scrutiny of the policies and procedures governing every aspect of their operation; and WHEREAS, on November 21, the Roanoke County Police Department received accreditation from CALEA, along with special I recognition for the Neighborhood Watch Program, the Evidence and Property Tracking System, the Citizens' Police Academy and for - the creation of the department itself; and WHEREAS, the members of the Accreditation Team within the Department spent many hours, in addition to their regular duties, planning for the success of the Accreditation process; and WHEREAS, accreditation provides assurances to the Roanoke county Police Department, and to the citizens which it serves, that standards of excellence are used for all facets of operation; and WHEREAS, in achieving this recognition, the Department has shown its outstanding dedication to the professionalism of law I enforcement and to the safety and security of the residents of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of ~ ,... 885 Deoember 1, 1992 Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the ci tizens of Roanoke County, does hereby extend congratulations to the ROANOKE COUNTY POLICE DEPARTMENT for its achievement in receiving this national honor; and BE IT FURTHER RESOLVED, that the Board of Supervisors particularly congratulates the members of the Accreditation Team, Jeffrey Swortzel, Gary Roche, Leigh Anne Vulgan and Kevin Meredith, for their successful work towards achieving this honor for the County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Resolution of Conaratulations to Edward L. Truett UDon the Oooasion of Harshbaraar House Beina Named to the National Reaister of Historio Plaoes. R-12192-2 Mr. Truett was present to accept the resolution. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 12192-2 OF CONGRATULATIONS TO EDWARD L. TRUETT UPON THE OCCASION OF HARSHBARGER HOUSE BEING NAMED TO THE NATIONAL REGISTER OF HISTORIC PLACES WHEREAS, preservation of our historic resources is important to the education, cultural enrichment and sense of community of ~ ~ I I ~ "'1111 Deoember 1, 1992 886 I the citizens of Roanoke County; and WHEREAS, the Roanoke Valley has a variety of historic structures which represent the lives of the people who settled, the area in the 18th and 19th centuries; and WHEREAS, the Harshbarger House, located in the Hollins Magisterial District in Roanoke County, was constructed in 1797, with a brick addition built in 1825, and may be one of the earliest homes still standing in the Roanoke Valley; and WHEREAS, the Harshbarger House has been carefully restored by Edward L. Truett, was placed on the Virginia Landmarks Register in 1991, and has recently been approved for inclusion on the National Register of Historic Places. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virgi~ia, on its own behalf and on behalf of the citizens of the County, hereby extends its congratulations to EDWARD L. TRUETT for receiving recognition of his sensitive and authentic restoration of this historic building; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its appreciation to Mr. Truett for preserving an important part of Roanoke County's heritage. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded ,vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy II NAYS: None ~ ,... 887: Deoember 1, 1992 ~ INRE: NEW BUSINESS h Presentation on the Roanoke Reaional AirDort (Jaoqueline L. Shuok. Exeoutive Direotor) An audio-visual presentation was made by Jacqueline Shuck, Executive Director of the Roanoke Regional Airport. She explained that the presentation wili be used as a pUblic relations tool and presented to various civic and economic development organizations throughout the ten county region served by the airport. She also presented the results of an October survey of airline passengers using the airport. h Request for fundina for HeDatitis B vaooine for Fire and Resoue Volunteers (Tommv Fuqua. Fire' Resoue Chief) I A-12192-3 Fire and Rescue Chief Tommy Fuqua reported that at the October 13 meeting, the Board approved an appropriation of $33,800 to cover the cost of Hepatitis B vaccinations, supplies, training and waste pickup for fire and rescue employees. Although volunteer fire and rescue personnel are not regulated by OSHA, staff recommends that the County provide the same vaccines, emergency kits and waste disposal for volunteers. The estimated cost is $36,840 for 326 volunteers. In response to a. question from Supervisor Nickens, Chief Fuqua advised that they were investigating the possibility of purchasing the vaccine from the Health Department. I ~ ~ ~ Deoember 1, 1992 888 I I Supervisor Nickens moved to appropriate $36,840. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Request from County Treasurer Investment Poliov. (Alfred C. Treasurer) to Amend the Anderson. county A-12192-4 Mr. Anderson reported that the Investment Policy was originally adopted on May 12, 1987 and amended on January 28, '1992 to allow greater investment flexibility. He is reque~ting that the policy be amended to allow a maximum of 10% of total portfolio for any Bankers Acceptance and Commercial Paper issue. He advised this was a recommendation of the auditors. Supervisor Minnix moved to approve the amendment. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None .L. Reoommendation Aaent (John Administrator) on the Loss Chambliss. of VPI&SU Extension Assistant County R-12192-5 Mr. Chambliss advised that on December 16, the Roanoke county Cooperative Extension Program is scheduled to lose one of its two 4-H Extension agents. Additionally, there has been a series of budget cuts, freezing of vacant positions and other ~ III"" 889 Deoember 1, 1992 efforts to consolidate several local units across the state which have also impacted the Roanoke County off ice. staff requested that the County submit a formal response asking: (1) that the state comply with the budget proposals approved for the 1992-93 fiscal year, including the filling of the vacant Agricultural Agent's position; (2) that the current level of positions be retained; and (3) that the state amend its funding share of the unit dir~ctor's position from the present SO/50 share to the more customary 1/3 local, 2/3 state ratio. Mr. Chambliss recommended sending a resolution requesting this action to VPI&SUand the Roanoke Valley legislators. Supervisor Nickens moved to adopt the resolution amended that the matter be delayed until after action by the 1993 General Assembly and that copies be sent to Dr. Swiger and williams Allen. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 12192-5 OF SUPPORT FOR THE COUNTY OF ROANOKE'S OFFICE OF EXTENSION AND CONTINUING EDUCATION AND THE 4-H PROGRAM WHEREAS, reduced funding by the Commonwealth of Virginia to the Extension and Continuing Education program has resulted in the reduction of the number of extension agents assigned to local offices, delayed filling of vacancies and relocated agents to other offices statewide, causing the number of extension agents currently serving Roanoke County and Salem to be reduced from ~ ~ I I ~ "'1111 890 Deoember 1, 1992 :. ~"'~"', I I five agents to three, and WHEREAS, the most recent action to transfer one of the remaining Roanoke County extension agents serving the 4-H program to the Roanoke City office would further diminish the programming available to the residents of Roanoke County and Salem, and WHEREAS, there remains a disparity in the ratio of the number of extension agents to population served when comparing our local office and planning district to other regions of the Commonwealth, and WHEREAS, there is also a disparity in the percentage of the local share of salary paid by Roanoke Coµnty for some of the County Agents as compared to the local share paid by other localities. NOW, THEREFORE BE IT RESOLVED, that the Boarð of Supervisors of Roanoke County strongly supports the efforts and programming offered by the Roanoke County/Salem Office of Extension and Continuing Education, especially the 4-H program and its benefit to the youth of our community, and BE IT FURTHER RESOLVED that the County urges the State to properly share in the cost and operation of the local office by retaining the existing positions and staff, to fill the vacant Agricultural agent position and to properly share in of the salaries of all extension agents, and BE IT FURTHER RESOLVED that the action to transfer the 4-H agent from the Roanoke County office to the Roanoke City office be delayed until the impact of the General Assembly action .... ,... 891 Deoember 1, 1992 towards the proj ected budget def ici t can be addressed and its full impact towards staffing known so as not to disrupt the levels of service currently being provided by the Roanoke County office, and BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Dr. James McComas, President of Virginia Polytechnic Insti tute and State Uni versi ty , Dr. L. Andrew Swiger, Interim Dean of the College of Agriculture and Life Sciences, Dr. William A. Allen, Interim Director of Virginia Cooperative Extension Service, Dr. Judith Jones, ,Associate Director of Field operations and Administration of the Virginia Cooperative Extension Service, and to our state legislators with strong encouragement to carefully consider restoring the monies necessary to offset the projected budget shortfall within this program to ensure the continuation of this service to our community. On motion of Supervisor Nickens to adopt the resolution amended that matter be delayed until after action by the 1993 General Assembly and that copies be sent to Dr. Swiger and William Allen, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Request to Amend the Reoord of Deoision for the Final Environmental ImDaot statement. Roanoke River Parkway for the Visitor Center Site Looation Chanae. (Jovoe Eoonomio Wauah. DeveloDment ~ ~ I I ~ -' ~ Deoember 1, 1992 892' .~ SDeoialist) A-12192-6 I Ms. Waugh advised that the previous Record of Decision includes the National Park Service's decision to accept Alternative #3, a two mile Blue Ridge Parkway extension to Virginia's Explore Park and the proposed visitor center site . However, Si te #3 is not available for future visitor center development and is no. longer considered the preferred site. Ms. waugh reported that staff now recommends site #5 as shown in the Final Environmental Impact Statement. Supervisor Nickens moved to approve site #5 for the visitor center Location and that a letter be sent to the National Park Service advising them of the Board's support for this amendment to the Record of Decision. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke,' Minnix, Nickens, Eddy NAYS: None ~ Request for ADDroval to Install a Traffio Sianal at the Interseotion of ChaDarral and Penn Forest Boulevard. (Elmer C. Hodae. County Administrator) A-12192-7 Mr. Hodge advised that the intersection of Chaparral and Penn Forest Boulevard is one of VDOT's highest priorities for I traffic signalization, and the traffic will increase even more when the County offices are relocated to the Travelers Building. .... ,... 8 ~<3 :~: Deoember 1, 1992 staff recommends requesting that VDOT take the $75,000 cost of the traffic signal from the VDOT Incidental Construction category of the Six Year Secondary Road Budget. In response to a question from Supervisor Eddy, Mr. Hodge advised that VDOT participates in a SO/50 cost sharing program only for signals on primary roads. Supervisor Minnix moved to approve funding the traffic signal using Virginia Department of Transportation Incidental Construction funds. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None ~ Request for ADDroval of Chanae Order #10 for the SDrina Hollow Reservoir Contraot. (Clifford Craia. utility Direotor) A-12192-8 Mr. Craig requested approval of Change Order No. 10 in the amount of $524,179.64 for material and construction required for adding 2,160 linear feet of 42 inch water line which was required by the State Health Department in order to provide isolation between the water inlet and water wi thdrawal facilities. Supervisor Nickens moved to approve Change Order No. 10. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ ~ I I "'1111 894 ~ Deoember 1, 1992 h Resolution of SUDDort for the Submission to the State Air Pollution Control Board bv the Botetourt County Board of SUDervisors of an Ordinanoe Reaulatina Emissions whioh Burn Hazardous Wastes. R-12192-9 There was no discussion. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I RESOLUTION 12192-9 SUPPORTING THE SUBMISSION BY THE BOTETOURT COUNTY BOARD OF SUPERVISORS OF A PROPOSED ORDINANCE REGULATING EMISSIONS FROM INDUSTRIAL FURNACES AND BOILERS WHICH BURN HAZARDOUS WASTES TO THE STATE AIR POLLUTION CONTROL BOARD WHEREAS, the Botetourt County Board of Supervisors is considering the adoption of a proposed ordinance to regulate emissions from industrial furnaces and boilers which burn hazardous wastes; and, WHEREAS, Section 10.1-1321 of the Code of Virginia, 1950, as amended, requires that any locality proposing to adopt an ordinance, or amendment to an existing ordinance, relating to air pOllution, shall first obtain the approval of the State Air Pollution Control Board, and that the Board shall not approve any I local ordinance less stringent than the pertinent regulations of the Board; and, WHEREAS, the Botetourt County Board of Supervisors has .... III"" 895 Deoember 1, 1992 submitted said ordinance to the state Air Pollution Control Board, and that a hearing thereon has been scheduled for December 4, 1992 in Richmond; and, WHEREAS, the regulation by local government of the location, operation, and management of facilities which burn hazardous waste is essential to the public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That Roanoke County hereby supports the power and authority of local government to regulate the location, operation and management of facilities which burn hazardous waste, and that such regulation is essential to public health, safety and welfare. ~ I 2) That Roanoke County supports the submission by Botetourt County of an ordinance regulating emissions from industrial furnaces and boilers which burn hazardous waste, to the State Air Pollution Control Board, and urges the State Air Pollution Control Board to approve said ordinance. 3) That the Clerk to the Board of Supervisors is hereby directed to mail a certified copy of this Resolution to the State Air Pollution Control Board, the Chairman of the Botetourt County Board of Supervisors, each member of the Roanoke Valley delegation to the Virginia General Assembly, and to the Mayors of the Town of Vinton, the City of Roanoke, and the City of Salem. On motion of Supervisor Johnson to adopt the resolution, and II carried by the following recorded vote: ~ "'1111 ~ Deoember 1, 1992 896 AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None IN RE: FIRST READING OF ORDINANCES h Ordinanoe authorizina the Aoauisition of 3.395 aores of Real Estate. for County Offioe Faoilities. ADDrovina the Lease .of Offioes. AD~roDriatina Funds Therefor. Authorizina the Manner of Tax ExemDt Finanoina. Deolarinq Reimbursement Intention. and Suoh Other Measures As Mav Be Reauired to AooomDlish This Proieot. (Paul M. Mahonev. County Attorney) I Supervisor Eddy presented a statement that he requested be included in the minutes: "I am opposed to the planned purchase of the Travelers Building for use as a consolidated County office building. I agree that some County offices need more space in order for their personnel to work comfortably and efficiently, and to provide optimum service to our citizens. However, I believe this goal can be accomplished at much less cost by renting additional space rather than purchasing an entire building. By my calculations, the debt service, operating costs and II loss of tax revenue will require an increased annual expenditure of $ 360, 000 for 20 years, compared to existing costs. In .... III"" 897 Deoember 1, 1992 contrast, renting up to 10,000 square feet of additional nearby office space; the needed amount identified by a recent study will cost in the order of $100,000 per year. I cannot justify the annual $260,000 net additional cost to our citizens in exchange for a consolidation that mayor may not provide any significant improvement in the level of services over that which could be achieved by rented space. I fully support the planned addition to the Northside schools, the move of the School Board off ice to an otherwise under-utilized Occupational School, and the relocation of the Salem Social Services and Health Department offices to the o existing owned building to be vacated by the School Board. The Northside additions will improve services to our citizens and children. The moves of the School Board, Social Services and Heath operations break even financially because of the resulting reductions in rent payments. I do not see corresponding benefits from the purchase of the Travelers Building." Supervisor Johnson announced he would abstain because of his involvement with the company selling the building. Supervisor Nickens pointed out that several citizen committees and the space consultant, Jones & Jones, all came to the conclusion that additional space was needed and he felt that it was in the best long term interest of the citizens to purchase the building at this time. Mr. Hodge reported that staff had looked at lease payments ($300,000 per year), cost per square foot, the actual cost of the ~ ~ I I ~ ~ Deoember 1, 1992 898 new building versus the value of it, rental income at the new building, county properties that could be sold to offset the cost of the building, and felt it was an excellent purchase now and for the future. Supervisor Nickens moved to approve the first reading of the ordinance. The motion carried by the following recorded vote: AYES: NAYS: ABSTAIN: Supervisors Kohinke, Minnix, Nickens Supervisor Eddy Supervisor Johnson I I. SECOND READING OF ORDINANCES h ordinanoes amendina Seotion 13-13 and 1~-14 of the Roanoke County Code Clarifyina provisions with Respeot to Illeaal Disposal of Trash and Inoreasina certain Penalties. (Paul M. Mahoney. county Attorney) .L. Ordinance amendinq and reenaotina section 13- 13 "Unlawful Disposal of RUbbish or Other Waste Material" of ChaDter 13 "Offenses - Misoellaneous" of the Roanoke County Code by providina for a Clarifioation of Provisions and Desianation of Enforoement Personnel. I 0-12192-10.a ~ ,... 899 Deoember 1, 1992 Supervisor Johnson moved to approve the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 12192 -10. a AMENDING AND REENACTING SECTION 13-13 "UNLAWFUL DISPOSAL OF RUBBISH OR OTHER WASTE MATERIAL" OF CHAPTER 13 "OFFENSES - MISCELLANEOUS" OF THE ROANOKE COUNTY CODE BY PROVIDING FOR A CLARIFICATION OF PROVISIONS AND DESIGNATION OF ENFORCCHENT PERSONNEL, AND AN EFFECTIVE DATE THEREFOR WHEREAS, the Board of Supervisors of Roanoke County, Virginia finds that the illegal dumping and disposal of trash constitutes a significant problem for the County and poses a significant threat to the public health, safety and welfare of its citizens, and, WHEREAS, a clarification of this ordinance in order to ~ore closely incorporate the provisions of the State enabling legislation is in order, as well as clarifying the enforcement personnel provisions, and, WHEREAS, State enabling authority for this ordinance is found in Section 33.1-346 of the Code of Virginia, 1950, as amended, and, WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading of this ordinance was held on December 1, 1992. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Section 13-13 of Chapter 13, "Offenses ~ ~ I I ~ ~ Deoember 1, 1992 :9 0.0. Miscellaneous" is hereby amended and reenacted as follows: Sec. 13-13. material. Unlawful disposal of rubbish or other waste (a) No person shall dump or dispose of or leave or cause to be thrown any rubbish, tin canß, trash, garbage. litter or other waste substance or material in or upon and along any public property. includinq a street, road, highway, riqht-of-wav. property adiacent to such hiqhway or riaht-of-way. park or alley in the county; nor shall any person dispose of. dump or throw any rubbish. trash. qarbaqe. litter or other waste substance or material upon any private property without the written consent of I the owner thereof or his aqent: nor shall any person dispose of, dump or throw any rubbish, tin canD, trash, garbage. litter or any other waste material or substance upon any lots or property. in the county which have not been selected,' approved and designated as a garbage or trash disposal area by the heal tà dcpartmcnt of the county. (b) In the event a person violating this section is known to the Dupcrintcndcnt of public faciliticD, the Dupcrintcndcnt County Administrator or his desiqnee. the County Administrator or his desiqnee shall give the violator ten (10) days' written notice, by certified mail, to clean up and remove such rubbish, tin canD, trash, garbage. litter or other waste substance or I material. Should the violator not take appropriate action within such ten-day period, the Dupcrintcndcnt County Administrator or ~ III"" 901 Deoember 1, 1992 his desianee shall, by use of county employees or by employing an agent of the county, have the rubbish, tin oaRS, trash, garbage~ litter or other waste substance or material removed. The violator shall be liable for the charges and costs of such removal. Nothing in this subsection shall be deemed to bar the prosecution of any person for a violation of this section. (c) A violation of any provision of this section shall constitute a Class 1 misdemeanor. ) 2. That this ordinance shall be in full force and effect from and after December 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None b. Ordinanoes amendina and Reen&otina Seotion 13-14 "Unlawful Aooumulations of Trash and Growth of Weeds: Publio Nuisanoes and Abatement Thereof" of ChaDter 13 "Offenses - Misoellaneous" of the Roanoke County Code by providina for an Inorease in the Penalty for Illeaal Aooumulation of Trash and the Desianation of Enforoement Personnel. 0-12192-10.b Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: '- ~ ~ I I ~ ~ Deoember 1, 1992 902'. AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 12192-10.b AMENDING AND REENACTING SECTION 13-14 "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" OF CHAPTER 13 "OFFENSES - MISCELLANEOUS" OF THE ROANOKE COUNTY CODE BY PROVIDING FOR AN INCREASE IN THE PENALTY FOR ILLEGAL ACCUMULATION OF TRASH AND THE DESIGNATION OF ENFORCEMENT PERSONNEL, AND AN EFFECTIVE DATE THEREFOR WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that the illegal disposal and accumulation of trash ,constitutes a public nuisance and poses a threat to the public health, safety, and welfare of the County, and, I WHEREAS, the Board further finds that increasing the penalties for these violations would assist in the enforcement of and with this ordinance, and, WHEREAS, the adoption of this ordinance is authorized by the provisions of Section 15.1-11 of the Code of Virginia, 1950, as amended, and, WHEREAS, the first reading of this ordinance was held on November 17, 1992, and the second reading of this ordinance was held on December 1, 1992. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia: 1. That Section 13-14 of Chapter 13, "Offenses I Miscellaneous" is hereby amended and reenacted as follows: Sec. 13-14. Unlawful accumulations of trash and growth of weeds; public nuisances and abatement thereof. ~ III"" -903 Deoember 1, 1992 (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: (1) Abatement cost: The county's cost of labor, equipment and supplies for, or the contract price of, and any charges to, the county, with respect to the removal and disposal of weeds or trash from a parcel. (2) Enforcement aaent: The Dupcrintcnàcnt. of dc~clepmcnt Countv Administrator or his designee. (3) Owner: Any person shown by any public record to have an interest in real estate lying in the county upon which a public nuisance exists as of the date of the abatement of the public nuisance under this section. (4) Parcel: Any real estate, or any interest therein, situate, lying and being in the county in any areas zoned for residential, business, commercial, or industrial uses or in any subdivision'. (5) Public nuisance: Any act or acti vi ty the causing or maintaining of which is such an inconvenience or troublesome matter as to annoy, injure or damage the public at large or a substantial portion of the community or a considerable number of persons, and from which any resulting damage is not specifically apportionable to anyone member ~ ~ I I ~ ~ Deoember 1, 1992 904 I I ''¿' of the community. (6) Subdi vision: Any tract or parcel of land divided into two (2) or more lots or parcels, for the purpose, whether immediate or future, of transfer of ownership or development, as otherwise defined in the Roanoke County Subdivision Ordinance. (7) Trash: Abandoned personal property, garbage, refuse, rubbish. litter or debris, \¡hich ahall includc an accumulation of cut wccda ovcr fiftccn (15) inchca long, opcnly lying. on any parccl. (8) Weed or weeds: Any plant, grass or other vegetation covering aUßatantially all ª substantial portion of a parcel which is over fiftccn (15) twelve (12) ir.ches long, other than trees, shrùbbery and agricultural plants. (b) All exterior property areas and premises shall be maintained in a clean, safe condition, free from any accumulation of trash ,and the failure to so maintain any parcel shall constitute a Class 4 1-misdemeanor and each day the failure to comply with this provision continues shall constitute a separate offense and shall additionally constitute a public nuisance. (c) Weeds growing on and traah lyinEj OR any parcel shall constitute a public nuisance. It shall be unlawful to cause or maintain a public nuisance with respect to any parcel. An owner shall abate any public nuisance with respect to this parcel. Every owner of a parcel of real estate situate in the county ~ III"" ,'905 Deoember 1, 1992 shall cause to be cut therefrom all weeds anå to remo~c therefrom all traah. Any owner who shall violate the provisions of this subsection shall be deemed guilty of a Class 4 misdemeanor. (d) In addition to any applicable criminal sanctions provided in this code, whenever the enforcement agent determines that a public nuisance exists upon any parcel, he shall notify the record owner of such parcel of such fact by certified mail at the owner's last known address, as shown by any source available to the agent, and such notice shall constitute, for purposes of this section, dù~ legal notice as made and provided by law. The notice herein required shall direct that the public nuisance be abated within fourteen (14) days following the mailing. In case the owner's address is unknown or cannot be found, the enforcement agent shall post the notice herein required at a conspicuous place on the parcel on which the public nuisance exists and the posting shall constitute, for purposes of this section, legal notice as made and provided by law. (e) The notice provided for in subsection (d) above shall advise the owner that if he objects to the proposed action of the county he may present, at the time and place indicated on the notice, his objection; provided that, within seven (7) days from the date of mailing or posting of the notice, the owner shall provide the enforcement agent a written statement of his objection. At the hearing, the enforcement agent shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances ~ ~ I I .~..~ ~ ~ Deoember 1, 1992 9'06' I I established. (f) If the owner fails to abate the public nuisance as required, and the enforcement agent finds that the public health, safety, 'order or convenience is impaired by the maintenance of the public nuisance, he may request in writing that the county abate such public nuisance. Upon such request, the appropriate county officials may abate such nuisance by county forces or through private contract~ Any o~~er may abate the public nuisance himself without liability to the county, provided that he does so prior to commencement of abatement by county personnel or contractors. (g) The Dupcrintcndcnt of public faciliticD County Administrator or his designee shall keep an account of the cost of abating public nuisances under this section and embody such account in periodic reports with assessment lists which shall be transmitted to the oupcrintcndcnt of fiocùl man~gcmcnt director of finance and the treasurer at convenient intervals. A COpy of a cost report shall be mailed to each owner. The copy retained by the oupcrintcndcnt of fioc~l m~n~gcmcnt director of finance and the treasurer shall be available for public inspection. The reports shall refer to each parcel as to which a public nuisance was abated by description sufficient to identify the parcel, and specify the following additional charges for each such parcel to be assessed against each owner: ( 1) A service charge of twenty (20) percent of the abatement cost. ~ ,... 907 Deoember 1, 1992 (2) Interest at ten (10) percent from date of accrual until paid. (h) No more frequently than twice a year, the Dupcrintcndcnt of dC7elopmcnt enforcement aaent shall hold hearings at the Roanoke County Administration Center for the purpose of hearing objections to and comments upon reports and proposed assessments under this section, of correcting any mistakes or inaccuracies in the reports and of conf inning the same. (i) Not less than fourteen (14) days prior to a hearing provided for in subsection (h) above, such reports and assessment lists shall be posted at the front door of the County Administration Center with a notice of the time and place the Duperintcndent of devclop~ent enforcement aqent will conduct the hearing on the reports and assessment lists, and the Duperintcndent of development enforcement aqent shall send by certified mail to each owner, at his address as determined from county records, a notice of the time, place and subject matter of the hearing. The notice shall advise the owner of his right to object to, be heard upon, and to contest the confirmation of the report and assessment. The notice shall further provide that, upon the confirmation by the Duperintendent of developmcnt enforcement aqent of the reports of abatement costs anq service charges the same shall constitute special assessments against the owner and the parcel, a personal obligation of the owner and a lien upon the owner's parcel from the date and time of the ~ ~ I I ~ I I "'1111 Deoember 1, 1992 '908 recordation of a notice of lien, and bear interest at the rate of ten (10) percent. There shall be included wi th the notice a statement to the owner of the abatement cost, service charge and accrued interest. (j) At the hearing provided for in subsection (h) above, the Dupcrintcndcnt of de~:clopment enforcement aaent shall hear any obj ections which may be raised by any owner liable to be assessed and may cQnfirm, modify or reject the reports and assessment lists as he may deem appropriate and send those confirmed to the Dupcrintendent of fiDcal managcment director of finance and the treasurer for collection of the respective special assessment. (k) with respect to all such accounts remaining unpaid fourteen (14) days after the confirmation of the reports and assessment lists, the Duperintenàent of dcvelopment enforcement aqent shall cause a notice of the lien of the special assessment prepared by the county attorney to be recorded in the clerk's office of the circuit court of the county. The county attorney may take appropriate steps, including a personal or in re~ suit or action, in the appropriate court to enforce the lien to satisfy the special assessment. 2. That this ordinance shall be in full force and effect from and after December 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ III"" 909 Deoember 1, 1992 ~ ~ NAYS: None IN RE: APPOINTMENTS h Mental Health Servioes of the Roanoke Valley Community Servioes Board. Supervisor Johnson asked that the Clerk to the Board contact MHSRV requesting that Susan Cloeter be considered for appointment to this Board when a future vacancy occurs. ~ Roanoke County Plannina Commission Supervisor Eddy nominated Al G. Thomason, Sr. to a four-year term which will expire December 31, 1996. IN RE: CONSENT AGENDA R-12192-11 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 12192-11 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 December 1, 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 5, inclusive, as follows: I I "'1111 ~ Deoember 1, 1992 ,'910 1. Confirmation of Committee Mental Health Services of Community Services Board. Appointment to the the Roanoke Valley 2. Request from the School Board for Acceptance of a General Electric Elfun Society Grant. 3. Acknowledgement of Acceptance of 0.28 Miles of Forest Creek Drive and 0.11 miles of Millwood Drive into the Secondary System by the Virginia Department of Transportation. 4. Acceptance of Donations of Drainage Easements for Flintlock Road in Connection with the Hunting Hills Road Project. 5. Authorization to Pay Certain Legal Fees for Litigation with Grumman Emergency Products, Inc. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said I items the separate vote tabulation for any such item 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, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) Congratulated Glenvar High School and Northside High School for their athletic seasons. (2) Announced that he had toured schools in Catawba during American Education Week. (3) Announced that he had met with the Roanoke I Symphony Association and concerns that he had with the Polo Match at Green Hill Park have been resolved. (4) Attended the Chamber ~ III"" '.91:1 Deoember 1, 1992 Legislative Forum on November 24. (5) Attended the Quarterly Valley Government Meetings in Chairman Eddy's absence. (6) Announced that he supported the completion of a Roanoke County policy manual. SUDervisor Minnix: (1) Also toured schools in his district during American Education Week. (2) Expressed appreciation to citizens who were active in community projects at Clearbrook School. SUDervisor Nickens: (1) Advised that he had received Supervisor Eddy's memorandum on Robert's Rules and agreed that his motion to move the balance of the agenda at the November 17 meeting was an invalid motion. (2) Stated that he felt that Chairman Eddy runs the meetings fairly, but that the three-minute speaking rule should not be used to restrict the speakers, but as a guide. However, he felt that no citizen should be allowed to speak from the audience, but should come to the podium with his or her comments. SUDervisor Johnson: Announced that he did not necessarily support elected school boards and that he felt that the issue has been emotionalized. SUDervisor Eddv: (1) Has sent a letter to the newspapers thanking the citizens and staff for their work on the bond referendum. (2) Asked about the possibility of Montgomery County buying land for a landfill near Bradshaw Road. (3) Announced that Mr Hodge will be on WFIR Radio every Tuesday at ~ ~ I I ~ "'1111 Deoember 1, 1992 ,91·2· I 7:50 A.M. (4) Asked about the Roanoke County Legislative Program. County Attorney Paul Mahoney advised that the Board approved a legislative program five or six months ago, and that he is setting up a meeting with Valley legislators to be held after the organizational meeting on January 4, 1993. (5) Announced that his choice for school board selection is (a) appointment by governing body; (b) elected with taxing power, (c) appointed by selection committee; and (d) elected with no taxing power. IN RE: REPORTS Supervisor Kohinke moved to receive and file Items 1-4, 8, and 9. The motion carried by a unanimous voice vote. Supervisor Nickens moved to receive and file Items 5, 6, and 7.. after discussion. voice vote. The motion carried by a unanimous h General Fund UnaDDroDriatedBalanoe ~ CaDital Fund UnaDDroDriated Balanoe ~ Board continaency Fund ~ Aooounts Paid - Ootober 1992 h ReDort on Reoorded Messaae Servioe Supervisor Nickens asked that staff monitor and review messages to remove those numbers that are not being used. ~ Summary ReDort - Water and Wastewater Needs in the Roanoke Valley. II Supervisor Nickens suggested that this report be discussed at the next local government officials quarterly ..... ,... 91<J Deoember 1, 1992 luncheon. ~ ReÞort on Seleotion Alternatives for Sohool Board ',< , , Members. Supervisor Kohinke asked if the parties could nominate candidates for election to the School Board. Mr. Mahoney stated that they could not be nominated by primary or party, but selected only by petition. h statement o~ Revenues and EXDenditures as of Ootober 31. 1992. ~ status of the Roanoke River Parkway SDur IN RE: WORK SESSION h Disoussion and Prioritization of Bond Pro;eots Mr. Hodge presented a written report. He announced that Assistant County Administrator John Chambliss will be the overall coordinator for the County projects. The following staff presented reports: (1) Library Director Spencer Watts presented a schedule and costs for the development and construction of the North County Library. (2) Assistant Director of Engineering & Inspections George Simpson reported that $2.75 million was allocated for Dixie Caverns and $1 million was allocated for drainage projects. He presented a list of the drainage projects to be funded from the bond issue. (3) Assistant Administrator John Chambliss presented the ~ ~ I I "'1111 ~ Deoember 1, 1992 91,4, proposed development schedule for parks and recreation improvements. staff will be meeting with community groups to develop the concept plans. (4) Director of Engineering & Inspections Arnold Covey advised that $500,000 has been earmarked for road improvements with a VDOT revenue sharing match of $500,000 for a total of $1 million. He presented a schedule of improvements. (5) Economic Development Director Tim, Gubala presented the development concepts for Valley TechPark which will be phased in order to provide road access. Funding will be leveraged against I other programs and grants. It is estimated that the bond funds of $815,000 can generate $1,915,000 in state funds. (6) Fire and Rescue Chief Tommy Fuqua presented the list of fire hydrants to be installed with $184,000 bond funds. (7) Dr. Bayes Wilson, School Superintendent, advised there are 15 projects for schools from the bond issue, and would like - to begin with Northside High School, Mason's Cove Elementary School, Oak Grove Elementary School and Herman L. Horn Elementary School for a total short term borrowing request of $1,270,000. Finance Director Diane Hyatt advised that some projects will need to be started before August when the bonds are sold. The total is $3,699,000 and she recommended issuing a Bond Anticipation Note for short-term borrowing to be issued in I January and paid back after the bonds are sold. A resolution requesting the issuance of the short-term bonds will be brought to the December 15 meeting. ~ III"" 5 ~ ·91 '" Deoember 1, 1992 It was the Board consensus that a resolution for revenue anticipation notes be placed on the December 15, 1992 meeting agenda. Supervisor Eddy requested that the future schedules be uniform. IN RE: EXECUTIVE SESSION At 5:56 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (5) to discuss location of a prospective business or industry and (3) to discuss acquisition of land for school purposes. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12192-12 At 6:50 p.m., Supervisor Minnix 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 12192-12 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 .... ~ I I "'1111 ~ Deoember 1, 1992 916 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 I 2. Only such pUblic business matters as were identif ied 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 Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: OTHER BUSINESS Mr. Hodge updated the Board on the progress at the Travelers Building and advised that he would be out of town on December 2, 1992. IN RE: ADJOURNMENT At 6: 57 p.m., Supervisor Minnix moved to adjourn to I 9: 00 a.m., on Thursday, December 10, 1992, for the purpose of touring the Travelers Building. The motion carried by a ~8 Lee B. Eddy, Ch~ unanimous voice vote. .... ,... I I t....