6/24/1990 - Regular
June 26, 1990
450
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brpmbleton Avenue, SW
Roanoke, Virginia 24018
June 26, 1990
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the fourth Tuesday, and the
second regularly scheduled meeting of the month of June, 1990.
IN RE:
CALL TO ORDER
Chairman Robers called the meeting to order at 3:05
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Richard Robers, Vice Chairman Steven
A. McGraw, Supervisors Lee B. Eddy, Bob L.
Johnson
MEMBERS ABSENT:
Supervisor Harry C. Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County Administrator
for Human Services; John R. Hubbard,
Assistant County Administrator of Community
Services and Development; Don M. Myers,
Assistant County Administrator for Management
.
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June 26, 1990
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i::=:
Services; Paul M. Mahoney, County Attorney,
Mary H. Allen, Clerk to the Board; Anne Marie
Green, Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Assistant County
Administrator John Chambliss. The Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
.
Chairman Robers announced that Item D-7 regarding an
amendment to the Employee Handbook will be deferred to July 10,
1990. County Administrator Elmer Hodge requested that Item C-3,
recognition of County Treasurer Alfred Anderson and Item la,
Report on Consolidation activities be added.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Proclamation declarinq the weekend of June 29 -
JUlv 1, 1990 as "Give Kids the World" Weekend.
Representatives from Krisch Hotels, Inc. were present
to receive the proclamation and outllned plans for the special
weekend.
Supervisor Johnson moved to adopt the proclamation.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
June 26, 1990
45 2
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NAYS:
None
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ABSENT:
Supervisor Nickens
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~ Recoqnition of Parks and Recreation TheraDeutics
Proqram for beinq named a finalist - National Gold Medal Award
for Excellence.
Director of Parks and Recreation Steve Carpenter
explained the program. Betsy Dennis, Therapeutic Recreation
Supervisor and Acting Assistant Recreation Director Debbie Pitts
were recognized for their contributions. A slide presentation of
the program that will be a part of the sUbmission package was
presented.
~ Recoqnition of Alfred Anderson, Treasurer for
beinq certified as a Professional Government Treasurer
.
Chairman Robers presented to Mr. Anderson a certificate
recognizing him as a Professional Government Treasurer.
IN RE:
NEW BUSINESS
1a. ReDort on Consolidation Issues
Mr. Hodge announced that the board members had
requested clarification of certain facts which were released by
the City of Salem at recent public meetings concerning
consolidation. He presented a written memorandum outlining the
current tax rates and bonded debt and responses to other issues
which had been discussed at the public meetings.
In response to a question rrom Supervisor Robers
regarding additional members to Salem City council if the Glenvar
45 3
June 26, 1990
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area became part of the city, County Attorney Paul Mahoney
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reported that the City would have to divide into equal districts,
and any changes would be reviewed by the Justice Department.
The Board members expressed concern about inaccuracies
and the necessity of informing the public. Mr. Hodge suggested
information could be included in Roanoke County Today.
Supervisor McGraw suggested that Salem be requested to rectify
inaccuracies that were given to Roanoke County citizens at their
public meeting.
Supervisor McGraw moved to send information to the City
of Salem and asked them to correct any inconsistencies and
inaccuracies. The motion was defeated by the following recorded
vote:
AYES:
Supervisors McGraw, Robers
NAYS:
Supervisors Eddy, Johnson
ABSENT:
Supervisor Nickens
Following additional discupsion, it was suggested that
copies of Mr. HOdge's memorandum be sent to the City of Salem
Mayor and the mayors of the other local governments.
lb. Authorization to conduct a Deer review study of
County oDerations.
A-62690-1
Mr. Hodge advised that the University of Virginia
Center for Public Service has completed a proposed two-phase
program to analyze the efficiency of Roanoke County operations.
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June 26, 1990
454
He presented the plan and reported that the Phase I study will
cost $10,000 which will include all expenses. He recommended
approval of the peer review study and a $10,000 appropriation
from the unappropriated balance to fund the study.
In response to a question from Supervisor Eddy, Mr.
Hodge advised that the study will include analyzing the
organizational structure.
Supervisor Eddy moved to approve the staff
recommendation and appropriation. The motion carried by the
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following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
~ AdoDtion of Resolution amendinq Section 200 of The
Desiqn and Construction standards Manual.
R-62690-2
Dir3ctor of Development and Inspections Arnold Covey
reported that on February 14, l~89 the Board of Supervisors
adopted the Design and Construction Standards Manual. On January
1, 1990 the Virginia Department of Transportation adopted new
subdivision street standards which should be included in the
previously approved standards manual. Other amendments clear up
discrepancies that have been brought forward by staff and local
engineers.
Following discussion, Supervisor Johnson moved to
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June 26, 1990
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adopt the resolution amending the Design and Construction
standards Manual. The motion carried by the following recorded
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vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 62690-2 AMENDING A SECTION OF THE
DESIGN AND CONSTRUCTION STANDARDS MANUAL
ENTITLED "PUBLIC STREET AND OFF-STREET
PARKING STANDARDS AND SPECIFICATIONS"
WHEREAS, the Department of Development is in the
process of preparing a manual to assist the public, and
especially the development community, for clarification of rules,
.
regulations, and policies applicable to land development in
Roanoke County; and
WHEREAS, a Design and Construction Standards Committee
composed of area engineers, surveyors, members of the Roanoke
Valley Homebuilders Association, and County staff was assembled
to develop the content of the manual and the design standards;
and
WHEREAS, it was the consensus of the committee to
address the areas of water, sewer, street and parking, and
t:tormwater management in the manual; and
WHEREAS, at its meeting on February 14, 1989, the Board
of Supervisors of Roanoke County, Virginia, by resolution,
adopted a manual of regulations and policies entitled "Design and
June 26, 1990
45 6
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Construction standards Manual" to assist the public in the
clarification and interpretation of rules, regulations, and
policies applicable to land development in Roanoke County, and in
particular, the areas of water, sewer, street and parking; and
WHEREAS, by Resolution 21489-9 the Board of Supervisors
.
adopted the second component of the "Design and Construction
Manual" entitled "Street and Parking Design Standards and
Specifications."
NOW, THEREFORE, be it resolved that the Board of
Supervisors of Roanoke County, Virginia, does hereby amend the
second component of the "Design and Construction Standards
Manual," which is entitled "Street and Parking Design Standards
and Specifications," as set out in Attachment "A" to this
resolution.
IT IS FURTHER RESOLVED the effective date of these
amendments shall be effective immediately.
.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
~ ADDroDriation of funds for leachate removal at
Dixie Caverns landfill.
A-62690-3
There was no discussion on this item.
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June 26, 1990
Supervisor McGraw moved to appropriate $168,000 from
the General Fund Unappropriated Balance to cover the cost of the
leachate removal. The motion carried by the following recorded
vote:
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AYES:
NAYS:
ABSENT:
Supervisors Eddy, McGraw, Johnson, Robers
None
Supervisor Nickens
~ 1991 Leqislative proqram - Virqinia Association of
Counties
Supervisor McGraw moved to approve the VACo 1991
legislative program. Following discussion on several items on the
program, the board members felt that a work session was in order
and Supervisor McGraw withdrew his motion. Supervis~r Johnson
moved to set a work session on July 10, 1990. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
.
~ AcceDtance of $4250 local qovernment Challenqe
Grant from the Virginia Commission for the Arts.
A-62690-6
There was no discussion on this item. Supervisor
Johnson moved to accept the grant. The motion carried by the
following recorded vote:
June 26, 1990
458
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AYt;t): Supervisors Eddy, McGraw, Johnson, Robers
.
NAYS: None
ABSENT: Supervisor Nickens
~ AdoDtion of resolution concerninq acquisition of
and immediate riqht-of-entry to a sanitary sewer line easement
alonq the West Fork of Carvin Creek also known as Vallevoointe
Phase II sanitary Sewer Proiect.(PUBLIC HEARING HELD 6/10/90)
(This item was heard durinq the eveninq session)
R-62690-7
Mr. Hodge advised that the staff had met with the
property owners. They attempted to settle and will continue to
.
negotiate, but wish to go forward with right-of-entry. The
public hearing had previously been held on June 10, 1990.
Supervisor Johnson moved to adopt the resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 62690-7 PURSUANT TO S 15.1-238(e)
OF THE 1950 CODE OF VIRGINIA, AS AMENDED,
SETTING FORTH THE INTENT OF ROANOKE COUNTY TO
ENTER UPON CERTAIN PROPERTIES AND TO TAKE
CERTAIN RIGHTS-OF-WAY IN CONNECTION WITH THE
VALLEYPOINTE PHASE II PROJ~CT
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
45 9
June 26, 1990
1. That the Valleypointe Phase II Sanitary Sewer
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Project is one aspect of the overall economic development project
for Valleypointe Phase II, which involves the development of a
mixed use business park in the vicinity of the southeast
intersection of Interstate Routes 8r and 581 in Roanoke County,
Virginia.
2. That in order to complete the sanitary sewer phase
of the Valleypointe II Project, a certain easement is needed and
more particularly described as follows:
A perpetual RIGHT and EASEMENT, twenty feet
(20') in width, to construct, install,
improve, operate, inspect, use, maintain, and
repair or replace a sanitary sewer system and
related improvements, together with the right
of ingress and egress thereto, upon, over,
under, and across the tract or parcel of land
belonging to Jesse N. Jones and Mary H.
Jones, husband and wife, acquired by deed
dated November 22, 1944, and recorded in the
Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Deed Book 317,
page 465, and designated on the Roanoke
County Land Records as Tax Map No. 26.16-2-
14. The location of said easement is shown
and designated as "20' S.S. LINE EASEMENT"
upon the plat, dated November 21, 1989, made
by the Roanoke County Engineering Department,
and filed in the office of the Clerk to the
Board of Supervisors of Roanoke County,
Virginia.
TOGETHER WITH a temporary construction
easement of an additional seven and one-half
feet (7 1/2') on either side of the permanent
easement hereinabove described, totaling
fifteen feet (15'), for use as a temporary
work space and to allow for necessary grading
during any phase of construction,
reconstruction, repair, or replacement of the
sanitary sewer facilities or related improve-
ments.
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June 26, 1990
460
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3. That it is the intent of Roanoke County to enter
and take the easement hereinabove described for the Valleypointe
Phase II Sanitary Sewer Project.
4. That, pursuant to due notice as provided for by
statute, a public hearing was held on June 12, 1990, on the
adoption of a Resolution pursuant to §15.1-238(e) of the 1950
Code of Virginia, as amended, concerning acquisition of and
immediate right-of-entry to said sanitary sewer line easement by
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Roanoke County.
5. That the fair market value of the aforesaid
interest to be acquired is $2579, such compensation having been,
and hereby is, offered the property owners.
6. That it is immediately necessary for the County to
enter upon and take such property and commence said sanitary
sewer construction in order to complete Phase II of the
Valleypointe Project and to thereafter institute and conduct
appropriate condemnation proceedings as to said sanitary sewer
easement; and
7. That pursuant to the provisions of § 15.1-238(e)
.
of the Code of Virginia (1950), as amended, and pursuant to
notice and public hearing as made and provided therein, the Board
does hereby invoke all and singular the rights and privileges and
provisions of said § 15.1-238(e) as to the vesting of powers in
the County pursuant to § 33.1-119 through § 33.1-129 of the Code
of Virginia (1950), as amended, all as made and provided by law.
On motion of Supervisor Johnson to adopt the ordinance,
46 1
June 26, 1990
and carried by the following recordea vote:
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AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
~ Authorization to amend Roanoke county Employee
Handbook to Dermit reinstatement of leave credits.
This item was continued to July 10, 1990.
~ Claim of Kenneth L. and Mary T. Wriqht in relation
to drainaqe maintenance Droiect in Penn Forest Subdivision.
(Heard after Item 3)
A-62690-4 .
Terry Grimes, attorney for the Wrights, was present to
represent the Wrights. He advised that in June, Mr. and Mrs.
Wright purchased a home at 3819 Hummingbird Lane. At that time,
the Wrights received a survey plat showing a drainage easement on
their property with flow that occurred only during heavy rain.
During the fall, the County sent heavy equipment to bulldoze the
channel, deepen and widen it and dumped rock riprap into the
channel. The County later poured a small amount of concrete over
the riprap. Prior to that time it was a grassy area. Mr. Grimes
stated that the Wrights have three concerns: the channel has
become an eye sore, the channel clogs with leaves, debris and
trash, and standing water serves as a breeding ground for
mosquitos. When the Wrights contacted the County, they were told
the channel was their responsibility. Mr. Grimes asked that the
June 26, 1990
462
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County restore the channel to the original condition or agree to
pay $4,700 and enter into an agreement to maintain the channel
and indemnify the Wrights against action brought by persons
injured in or near the channel.
.
In response to a question from Supervisor Nickens, Mr.
Grimes advised that the Wrights moved to the property in June
1989. Mr. Mahoney recommended denial of the claim and allow it
to go forward to Circuit Court.
Supervisor McGraw pointed out that the remarks
regarding the staff were the Wrights' opinion and not fact.
Supervisor Eddy pointed out that the County staff
reported that homeowners were given an option of leaving the
easement as it was or having it improved and the homeowners chose
to have it improved. Mr. Grimes responded that the Wrights did
not approve this action, but the former owners may have.
.
Supervisor Robers moved to deny the claim. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
~ AD~rODriation to the 1990-91 Reqional Education
Fund.
A-62690-5
There was no discussion. Supervisor Johnson moved to
approve the appropriation. The motion carried by the following
recorded vote:
.
463
June 26, 1990
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AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
REQUESTS FOR WORK SESSIONS
A Work Session on July 10, 1990 was set under Item 4
regarding the 1991 Legislative Program.
IN RE:
RECESS
At 4:30 p.m., the Board declared a recess to attend the
groundbreaking ceremony at the new Read Mountain Fire Station, a
joint project with Botetourt County.
EVENING SESSION
.
IN RE:
PUBLIC HEARINGS
690-1
SDecia1 ExceDtion Permit of Lucille Boyd to
operate a beauty ShOD at the residence,
located at 3811 Hawley Drive, Catawba
Maqisterial District.
A-62690-15
Director of Planning and Zoning Terry Harrington
advised that the zoning of the property is R-1 Residential and
beauty shops may be permitted by Special Exception if an
infirmity exists which prevents a home operator from regularly
leaving the dwelling to pursue gainful emploYment. A letter from
Mrs. Boyd's physician was submitted with her petition previously
approved in 1986 at a former home. The permit is for one year
June 26, 1990
46'4
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w1th administrative approval in future years if there are no
complaints. A business license is required. The Planning
Commission recommended approval with certain conditions.
Supervisor McGraw advised that one citizen had
contacted him and he requested a letter which he did not receive.
The petitioner was present and advised she had talked with the
citizen who is now agreeable to the request.
Supervisor McGraw moved to approve the Special
Exception Permit with conditions for a one year time period with
ongoing staff review. The motion carried by the following
recorded vote:
.
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
CONDITIONS
1. Hours of operation should be limited to 8:00 a.m.
to 8:00 p.m.
2. Petitioner shall install proper plumbing and
electrical equipment and fixtures to Chief Building Official's
satisfaction prior to staff's approval of business license.
3. No more than two (2) customers' cars shall be
allowed at anyone time.
.
4. No more than two (2) customers shall be allowed at
one time.
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
465
June 26, 1990
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690-2
Ordinance authorizinq the assessment of fees
taxed as costs in certain cases filed in
courts of the County for construction,
renovation or maintenance of courthouse, jail
or court-related facilities, and providinq
for an effectiv~ date and an expiration date.
0-62690-16
Mr. Mahoney advised this was legislation adopted by the
General Assembly with a one-year sunset provision. Approximately
$25,000 in new revenue will be generated.
Supervisor Johnson asked that these funds not be used
for any ongoing expense and asked for a list of how the funds
will be utilized. Mr. Mahoney responded that staff will submit
recommendations when projects are identified.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
.
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 62690-16 AUTHORIZING THE
ASSESSMENT OF FEES TAXED AS COSTS
IN CERTAIN CASES FILED IN COURTS OF
THE COUNTY FOR CONSTRUCTION,
RENOVATION OR MAINTENANCE OF
COURTHOUSE, JAIL OR COURT-RELATED
FACILITIES, AND PROVIDING FOR AN
EFFECTIVE DATE AND AN EXPIRATION
DATE
WHEREAS, the 1990 session of the Virginia General
Assembly enacted House Bill 74 (Chapter 543) which amended the
Code of Virginia by adding a section numbered 14.1-133.2; and
WHEREAS, this enactment authorized the assessment of
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June 26, 1990
466
fees to be taxed as costs in each criminal or traffic case in the
district and circuit courts of the County for the construction,
renovation or maintenance of the courthouse, jailor court-
related facilities, and further provided the expiration of this
authority on July 1, 1991; and
WHEREAS, the first reading on this ordinance was held
on June 12, 1990; and the second reading and public hearing was
.
held on June 26, 1990.
NOW THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That pursuant to the authority found in Section
14.1-133.2 of the Code of Virginia, 1950, as amended, (1990 Acts
of Assembly, Chapter 543), there is hereby assessed a fee to be
taxed as the costs in each criminal and traffic case in the
district and circuit courts serving Roanoke County the sum of TWO
DOLLARS ($2.00).
The fees assessed by this ordinance shall be expended
for the purposes as provided in said statute, specifically, for
.
the construction, renovation and maintenance of the courthouse or
jail and court-related facilities and to defray increases in the
cost of heating, cooling, electricity, and ordinary maintenance.
This assessment shall be in addition to other fees and
costs prescribed by law.
2. That this assessment shall be collected by the
clerk of the court in which the action is filed, and remitted to
the Treasurer of Roanoke County and held by him subject to
46 7 ~
June 26, ~90
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disbursements appropriated by the Board of Supervisors for the
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purposes specified herein.
That the effective date of this ordinance shall be
3.
July 1, 1990.
July 1, 1991.
4.
The provisions of this ordinance shall expire
That a certified copy of this ordinance shall be
delivered to the Chief Judges of the district and circuit courts
serving Roanoke County, the Clerks of said courts, and the
Treasurer of Roanoke County.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorde~ vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
690-3
Ordinance rezoninq approximately 3.5 acres
from M-1 to M-2 to develop five industrial
sites, one of which is a contractors'
equipment storaqe yard or plant, located on
starkey Road (Route 904) approximately 350
feet north of Crescent Boulevard, Cave sprinq
Maqisterial District, upon the request of
Frank W. Martin.
0-62690-17
Mr. Harrington presented the staff report. He advised
.
that Mr. Martin plans to purchase this property. The staff
report identified several significant impact factors including
site layout which is sharply constrained by existing Appalachian
Power transmission lines and will prohibit building construction
June 26, 1990
468
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in the southwest corner of the site. Permission from Apco would
be necessary to use the easement for access to the site which the
petitioner intends to use. There ar~ no conditions to the land
but one condition to the petitioner regulating the size of the
structure. staff recommends not accepting the condition. The
Planning Commission recommended approval.
Supervisor Eddy expressed concern about the future use
of the land other than the equipment storage yard. Without
conditions it could be used for any M-2 use. There is also no
proffer of conditions for inside storage of equipment.
T. L. Plunkett, representing the petitioner, advised
that there is no application for subdivision of the land. Mr.
Harrington advised that further sUbdivision would not come before
the Board.
.
Supervisor McGraw also expressed concern about the
future use of the remaining land and asked the County Attorney if
the Board could approve only a portion of the property. Mr.
Mahoney responded that the Board could approve a lesser amount of
the property, but no more than the legal ad called for.
Several Board members advised that they could not
support the rezoning without more information on what the land
would be used for. Supervisor Johnson suggested continuing the
request to a later date to allow the board to receive more
information and additional conditions. Mr. Plunkett responded
that the contract to purchase the land expires July 1 and Mr.
.
Martin was not interested in only a partial rezoning because he
469
June 26, 1990
plans to subdivide at a later date.
Following additional discussion, Supervisor Johnson
'---
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moved to table the rezoning request to allow the staff and
petitioner to discuss the rezoning. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
.
ABSENT:
Supervisor Nickens
690-4
Ordinance to conditionally rezone
approximately 1.25 acres from R-1 to B-2 to
construct a convenience store with qas pumps,
located on Hardy Road, approximately 0.4 mile
west of Feather Road, Vinton Maqisterial
District upon the request of Henry J. Brabham
IV.
Mr. Harrington reported that the petitioner plans to
close an existing operation and move the convenience store to the
new location. The Planning Commission indicated several
significant impact factors including the residential zoning of
.
the surrounding area, a large residential development bordering
the site, street capacity and circulation. The Planning
Commission recommended approval with conditions.
Supervisor McGraw noted that the staff support denial
of the rezoning but the Planning Commission recommended approval.
Mr. Harrington responded that the Planning Commission felt that
Hardy Road will ultimately become commercial.
Supervisor Eddy advised that he was uncomfortable
.
470
June 26, 1990
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supporting this request because of the staff report.
Bruce Mayer, attorney for the petitioner, advised that
there was a 200 foot wide transmission line through the property.
He explained that the convenience store replaces an old country
store that had existed for 40 years. The new gas tanks will have
all new equipment including monitors. The existing entrance will
be blocked and two new entrances will be added.
Supervisor McGraw moved to continue the request to July
10, 1990. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, ~ohnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
IN RE:
690-3
PETITION OF FRANK MARTIN TO REZONE 3.5 ACRES
FROM M-1 TO M-2 (TABLED EARLIER IN EVENING
SESSION)
Mr. Plunkett announced they had met with the planning
staff and advised they were willing to reduce the portion of the
property to be rezoned to M-2. He presented a map showing five
lots and advised that they would build on Lot 4.
Sandy Freeman, owner and administrative director of a
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day care center across the street from the property spoke. She
was not opposed but wanted to know more specifically what would
be built because of the proximity to the children at the day care
center.
Supervisor McGraw moved to remove this item from the
471
June 26, 1990
table for further discussion. The motion carried by the
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following recorded vote:
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AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
In response to a question from Supervisor Eddy, Mr.
Harrington advised that the remaining property would stay zoned
M-1. Supervisor Johnson also pointed out other development of
that property would have to go through a site review process.
Supervisor Robers moved to approve rezoning the
portion of the property defined by the map presented by Mr.
Plunkett. Supervisor McGraw suggested that the petitioner bring
back a new legal description defining the area to be rezoned.
.
Supervisor Robers amended his motion to include this provision.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 62690-17 TO CHANGE THE ZONING
CLASSIFICATION OF A 3.5-ACRE TRACT OF REAL
ESTATE LOCATED ON STARKEY ROAD (ROUTE 604)
APPROXIMATELY 350 FEET NORTH OF CRESCENT
BOULEVARD (TAX MAP NO. 87.15-2-8) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF M-1 TO THE ZONING
CLASSIFICATION OF M-2 UPON THE APPLICATION OF
FRANK w. MARTIN
WHEREAS, the first readinqof this ordinance was held
on June 12, 1990, and the second reading and public hearing was
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June 26, 1990
472
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ne~d June 26, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on June 5, 1990; and,
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 3.5 acre, as described herein, and located
on Starkey Road (Route 604) 350 fee~ north of Crescent Boulevard,
(Tax Map Number 87.15-2-8) in the Cave Spring Magisterial
District, is hereby changed from the zoning classification of M-
1, Light Industrial District, to the zoning classification of M-
2, General Industrial District.
2. That this action is taken upon the application of
Frank W. Martin.
3. That
H. Pollard.
4. That
the owner of the subject real estate is Donald
said real estate is more fully described
5. That the effective date of this ordinance shall be
June 26, 1990.
On motion of Supervisor Robers to approve rezoning
portion as defined in map contingent upon proper designation
47! aJ
June 26, 1990
I
==
being given to staff, and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
·
ABSENT:
Supervisor Nickens
IN RE:
REPORTS
Following discussion of Item 1, Supervisor Johnson
moved to receive and file the following reports. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
1. Report and Presentation on Customer Service
Program
·
Mr. Hodge introduced Marilyn Rigby, Customer Service
Training Coordinator. He advised that this training will be
mandatory for all County employees. Ms. Rigby outlined the plans
for the Customer Service Program. She explained that an employee
resource committee was established to meet the needs of the
employees and to pretest the program.
2. Capital Fund Unappropriated Balance
3. General Fund Unappropriated Balance
4. Board Contingency Fund
5. Accounts Paid - May 1990
6. Income Analysis and Statement of Expenditures for
eleven months ended May 31, 1990
·
June 26, 1990
474
-
----
IN RE:
FIRST READING OF ORDINANCES
h Ordinance reauestinq vacation of an existinq 20
foot waterline easement located on Lots 9 and 10, Block 1,
Section 8, LaBellvue SUbdivision, Hollins Maqisterial District.
Director of Development and Inspections Arnold Covey
reported that the petitioner, Mr. Paul Hatam, is requesting
vacation of an existing 20 foot waterline easement because the
waterline was not placed within the easement and is presently
located in the common line of lots 10 and 11. Mr. Hatam and Mr.
Robert Bryant, owners of lots 10 and 11 have agreed to grant a 20
foot waterline easement where the utility service is located.
Supervisor Johnson moved to approve first reading of
the ordinance. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
~ Ordinance amendinq and readoptinq Section 4-53 of
Article III, Shootina Matches of ChaDter 4, Amusements: Section
2-17 of ChaDter 2, Administration: Section 11-28 of Article II,
.
Parlor Permit: of ChaDter 11, Massaqe Parlors: Section 12-12 and
12-13 of Article I. In General, Article IV. Accidents and Section
475
June 26, 1990
-
=
12-121 and 12-125 of Article V. InoDerative Motor Vehicles,
Trailers and semitrailers, of ChaDter 12, Motor Vehicles and
Traffic: Article II. Permit of ChaDter 14. Parade: and Section
15-2, 15-7, 15-10, and 15-11 of Chapter 15, Parks and Recreation
of the Roanoke County Code.
.
0-62690-8
Mr. Mahoney presented the staff report and advised
these are changes to the ordinance as a result of the creation of
the pOlice department. He presented a revised copy of the
ordinance. He explained that several provisions of the ordinance
should be in effect as of July 1 and therefore asked for a waiver
of the second reading. Supervisor Eddy moved to waive the second
reading and adopt the ordinance. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, JOhnson, Robers
NAYS: None
.
ABSENT: Supervisor Nickens
ORDINANCE 62690-8 AMENDING AND READOPTING SEC. 4-
53 OF ARTICLE III. SHOOTING MATCHES OF CHAPTER 4,
AMUSEMENTS; SEC. 2-17 OF CHAPTER 2,
ADMINISTRATION; SEC. 11-28 OF ARTICLE II. PARLOR
PERMIT, OF CHAPTER 11, MASSAGE PARLORS; SECS. 12-
12 AND 12-13, OF ARTICLE I. IN GENERAL, ARTICLE
IV. ACCIDENTS; AND SECS. 12-121 AND 12-125 OF
ARTICLE V. INOPERATIVE MOTOR VEHICLES, TRAILERS
AND SEMITRAILERS, OF CHAPTER 12, MOTOR VEHICLES
AND TRAFFIC; ARTICLE II. PERMIT OF CHAPTER 14.
PARADE; AND SECS. 15-2, 15-7, 15-10, AND 15-11 OF
CHAPTER 15, PARKS AND RECREATION, OF THE ROANOKE
COUNTY CODE.
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, has adopted Ordinance 62690-10 to establish a police
.
.
June 26, 1990
476
~
department for the County of Roanoke effective July 1, 1990,
pursuant to the authorization of § 15.1-131.6:1 of the Code of
Virginia; and
WHEREAS, it is the intention of the Board to transfer
all law enforcement related functions from the Sheriff to the
Chief of Police of Roanoke County; and
WHEREAS, the first reading of this ordinance was held
on June 26, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Sec. 4-53 of Article III. SHOOTING MATCHES,
of Chapter 4, AMUSEMENTS. of the Roanoke County Code be amended
and readopted to read and provide as follows:
Sec. 4-53.
Chief of Police's Sheriff's report as prerequisite
to issuance.
A written investigative report from the Chief of Police
Sheriff, with specific recommendations, shall be submitted before
the board of supervisors shall issue any special use permit for
any shooting match.
2. That Sec. 2-17 of the Roanoke County Code be
amended and readopted, as follows:
.
Sec. 2-17. Dissemination of criminal history record
information of applicants for public emploYment.
permit or license.
a. Criminal history record information of an applicant
for public employment, permit or license may be disseminated
within five (5) work days to agencies of local government
477
June 26, 1990
-------...
whenever, in the interest of pUblic welfare or safety, it is
.
necessary to determine if the past criminal conduct of a person
with a conviction record would be compatible with the nature of
the employment, permit or license under consideration. If the
Chief of Police determines that it is practicallY impossible to
provide such criminal history record information within the five
(5) work day period. he shall so inform the applicant and the
applicable aqencv and shall have an additional seven (7) work
days in which to provide such record.
b. Use of criminal history record information
disseminated to non-criminal justice agencies pursuant to this
section shall be limited to the purposes for which it was given
.
and may not be disseminated further.
c. The Chief of Police Sheriff or an authorized officer
or employee of the Roanoke County Police Department a criminal
juaticc agency shall disseminate criminal history record
information for the purposes of this section as follows:
i. Public Employment - To the chief personnel
officer of the County of Roanoke Roano]ce County
Board of Supervisors or the Roanoke County School
Board.
ii. Permits or Licenses - To the County
Administrator, Chief of Police. or appropriate
.
constitutional officer if required by the specific
terms of the ordinance authorizing the issuance of
said permit or license.
June 26, 1990
478
..........
3. That Sec. 11-28 of Article II. Parlor Permit of
Chapter 11, Messaqe Parlors, of the Roanoke County Code be
amended and readopted to read and provide as follows:
Sec. 11-28.
Referral of application to certain officers.
The director shall refer ~ch application for a permit
under this article to the administrative officers of the county
charged with the enforcement of the building and fire prevention
codes and to the Chief of Police sheriff for investigation.
4. That Sec. 12-12 and 12-13 of Article I. In
General, of Chapter 12, Motor Vehicles and Traffic, be amended
and readopted as follows:
Sec. 12-12.
Operation of unregistered or unlicensed
motorcycles on private property.
It shall be unlawful for any person to operate any
motorcycle which is not registered and licensed, as required by
Title 46.2 ~ of the Code of Virginia, on the driveways or
.
premises of a church, school, recreational facility or business
property open to the public, unless authorized by the owner of
such property or his agent. The owner of any property desiring
enforcement of the provisions of this section on his property
shall notify the Chief of Police sheriff, in writing of his
desire to be covered by the provisions of this section and such
owner shall post notices on his property adequate to inform the
public that operation of such vehicles upon such property is
unlawful.
Sec. 12-13.
Removal and disposition of certain unattended
vehicles.
.
.
479
June 26, 1990
-
-
* * * *
(c) For the purposes of this section, it shall be
presumed that a motor vehicle, trailer, or semitrailer is
abandoned if:
(1) It lacks either a current state license plate
or decal, a current county license plate or decal, or a valid
state inspection certificate or sticker; and
(2) It has been at a specific location for four
.
1!l tcn (10) days without being moved.
(d) Each removal under this section shall be reported
immediately to the Chief of Police ohcriff and notice thereof
given to the owner of the motor vehicle, trailer or semitrailer
as promptly as possible. The owner of such vehicle, trailer or
semitrailer, before obtaining possession thereof, shall pay to
the county all reasonable costs incidental to the removal,
storage and locating the owner of the motor vehicle, trailer or
semitrailer.
(e) Should the owner fail or refuse to pay the costs
referred to in subsection (c) above, or should the identity or
.
whereabouts of such owner be unknown and unascertainable, after a
diligent search has been made, and after notice to him at his
last known address and to the holder of any lien of record with
the Department in thc effice of the atate ài~iaion of Motor
yehicles against the motor vehicle, trailer or semitrailer, the
Chief of Police sheriff may, after holding the motor vehicle,
trailer or semitrailer forty (40) thirtv (30) days at the im~ound
June 26, 1990
48 0
lot of the authorized towinq servicèand after due notice of
sale, dispose of the same at public sale; provided, that if the
value of such motor vehicle, trailer or semitrailer is determined
by three (3) disinterested dealers or garagemen to be less than
one hundred fifty dollars ($150.00), it may be disposed of by
private sale or junked.
(f) The Chief of Police sheriff shall forward the
proceeds of any sale made pursuant to this section to the county
treasurer. The treasurer shall pay from such proceeds the cost of
removal, storage, investigation as to ownership and liens and
notice of sale, and the balance of such funds shall be held by
him for the owner of the motor vehi~le, trailer or semitrailer
and paid to such owner, upon satisfactory proof of ownership. If
.
no claim has been made by the owner for the proceeds of such
sale, the remaining funds may be deposited to the general fund or
any special fund of the county. Any such owner shall be entitled
to apply to the county within three (3) years from the date of
such sale, and if timely application is made therefor, the county
shall pay the same to the owner, without interest or other
charges. No claim shall be made nor shall any suit, action or
proceeding be instituted for recovery of such funds after three
(3) years from the date of such sale.
5. That Article IV. Accidents, of Chapter 12, Motor
Vehicles and Traffic, amended and readopted as follows:
Article IV. Accidents
Sec. 12-92.
Immediate notice of certain accidents.
48 1
June 26, 1990
=
(a) The driver of any vehicle involved in any accident
resulting in injury to or death of any person, or some person
acting for him, shall immediately, by the quickest means of
communication, give notice of the accident to the Roanoke County
.
Police Deoartment sheriff.
(b) A willful failure to give the notice require in
this section shall constitute a violation of this section.
Sec. 12-93. Reports by drivers and witnesses.
(a) The driver of a vehicle involved in an accident
resulting in injury to or death of any person or total property
damage to an apparent extent of five hundred dollars ($500.00) or
more shall, within five (5) days after the accident, make a
written report of it to the Roanoke County Police Deoartment
sheriff's department.
(b) The Chief of Police sheriff may require any driver
.
of a vehicle involved in any accident of which a report must be
made under this section to file a supplemental
any report is insufficient, in his opinion, and
report, whenever
he may require
to the Roanoke
witnesses to such an accident to render reports
County Police Deoartment oheriff'ß department.
(c) A willful failure to file the report require by
this section shall constitute a violation of this section.
Sec. 12-95.
Report by investigating officer.
Every law-enforcement officer who, in the performance
of his court of duty, investigates a motor vehicle accident of
which a report must be made, either at the time of and at the
.
·
June 26, 1990
482
-
scene of the accident or thereafter and elsewhere, by
interviewing participants or witnesses shall, within twenty-four
(24) hours after completing the investigation, forward a written
report of the accident to the Roanoke County Police Department
shcriff's dcpartmcnt. Such report shall include the name of the
insurance carrier or the insurance agent of the automobile
liability policy of each vehicle involved in such accident.
Sec. 12-96.
Report by garage or ~pair shop.
The person in charge of any garage or repair shop to
which is brought any motor vehicle that shows evidence of having
been involved in a serious motor vehicle accident or with
evidence of blood stains shall report to the Roanoke County
Police Department shcriff's dcpartmcnt, within twenty-four (24)
hours after the motor vehicle is received, giving the engine
number, registration number and the name and address of the owner
or operator of the vehicle, if known. Reports require by this
section shall be made upon forms furnished by the ªuperintendent
of ªtate ~olice.
Sec. 12-97.
Reports to be withouÞprejudice; confidentiality
of reports. .
All accident reports made by persons involved in
accidents or by garages or repair shops shall be without
prejudice to the individual so reporting and shall be for the
confidential use of the county, the state Department di¥ision of
Motor yehicles or other state agencies having use for the reports
for accident prevention purposes, except that the Roanoke County
48 3
June 26, 1990
Police Department sheriff's department or the state Department
.
-
-
division of Motor yehicles may disclose the identity of a person
involved in an accident, when his identity is not otherwise known
or when he denies his presence at the accident.
Sec. 12-98.
Use of reports as evidence.
No report required by this Article shall be used as
evidence in any trial, civil or criminal, arising out of an
accident, except that the Roanoke County Police Department
sheriff's departmcnt shall furnish, upon demand of any person who
has or claims to have made such a report or upon demand of any
court, a certificate showing that a specified accident report has
.
or has not been made to the Roanoke County Police Department
sheriff's department, solely to prove compliance or noncompliance
with the requirement that the report be made.
Sec 12-99.
Use of reports made by investigating officers.
Subject to the provisions of ªection l2-97, all
accident reports made by investigating officers shall be for the
confidential use of the Roanoke County Police Department
sheriff's department, the state Department di7ision of Motor
yehicles and of other state agencies for accident prevention
purposes and shall not be uses as evidence in any trial, civil or
criminal, arising out of any accident. The Roanoke County Police
.
Department ohcriff's departmcnt vehicles shall disclose, from
such reports, upon request of any person, the date, time and
location of the accident and the names and addresses of the
drivers, the owners of the vehicles involved, the injured
June 26, 1990
484
~
persons, the witnesses and one investigating officer.
..........
Sec 12-100.
Availability of reports to certain persons.
The Roanoke County Police Department ßneriff's
.
department shall make any report of an accident made pursuant to
~ections 12-93 through 12-95 available for inspection by any
person involved or injured in the accident or his attorney or any
authorized representative of any insurance carrier reasonably
anticipating exposure to civil liability as a consequence of the
accident. Such person, attorney or authorized representative
shall be furnished a copy of such report, upon written request
therefor and payment to the Police DeDartment sheriff's
department of the fee established pursuant to Sec. 16-12.
6. That Secs. 12-121 and 12-125 of Article V.
InoDerative Motor Vehicles. Trailers and Semitrailers, of Chapter
12, Motor Vehicles and Traffic of th~ Roanoke County Code be
amended and readopted to read and provide as follows:
Sec. 12-121.
Administration and Enforcement.
The Chief of Police Cheriff and Zoning Administrator,
through their agents or employees, shall be jointly responsible
for the administration and enforcement of this Article.
Sec. 12-125. Removal of inoperative motor vehicles, etc.
(1) The owner of the property on which there is an
inoperative motor vehicle, trailer, or semitrailer that
is not fully enclosed or completely shielded shall
remove the vehicle or comply with the screening or
enclosure requirement of this Article within fifteen
48 5
June 26, 1990
-
(15) days after being notified by the Zoning
Administrator.
(2) Whenever the property owner fails to comply with
this Article within the fifteen (15) day period of this
."
,
notice, the Chief of Police £hcriff or Zoning
Administrator may remove the inoperative motor vehicle,
trailer or semitrailer from the property to the impound
.
lot of the authorized towinq service.
(3) Whenever the Chief of Police £hcriff or Zoning
Administrator removes an inoperative motor vehicle,
trailer, or semitrailer from a property, such vehicle
may be disposed of after giving an additional fifteen
(15) days notice to the last known owner of the
vehicle.
(4) The costs of removal or disposal shall be charged
to the owner of the vehicle or of the premises from
~ which the vehicle was removed. Such costs may be
collected in the same manner as taxes and levies are
.
collected.
(5) The assessed costs shall constitute a lien against
the property from which the vehicle was removed, and
the lien shall continue until actual payment is
collected.
7. That Article II. Permit, of Chapter 14, Parade of
the Roanoke County Code be, and the same hereby is, amended and
readopted as follows:
June 26, ~90
~86
==='
ARTICLE II. PERMIT
Sec. 14-22. Application
A person seeking the issuance of a parade permit shall
file an application with the Chief of Police sheriff on forms
provided by the Chief of Police sheriff. Such application shall
be filed not less than fifteen (15) days before the date on which
it is proposed to conduct the parade. The application shall be
signed by the applicant and notarized and shall contain the
following information:
(1) The name, address and telephone number of the
person seeking to conauct the parade.
(2) If the parade is proposed to be conducted for, on
behalf of or by an organization, the name, address
and telephone number of the headquarters of the
organization and of the authorized and responsible
heads of such organization.
(3) The name, address and telephone number of the
person who will be the parade chairman and who
will be responsible for its conduct.
(4) The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and
the termination point-.
The approximate number of persons who, and animals
(6)
and vehicles which, will constitute the parade and
the type of animals and a description of the
vehicles.
48 7
June 26, 1990
-
(7) The hours when such parade will start and
-
terminate.
(8) A statement as to wh~ther the parade will occupy
all or only a portion of the width of the streets
proposed to be traversed.
(9) The location, by streets, of any assembly areas
for the parade.
(10) The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(11) The purpose of the parade.
(12) Any additional information which the Chief of Police
sheriff finds reasonably necessary to make a fair
determination as to whether the permit should be
issued.
.
If the parade is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant for such
permit shall file with the application a communication in writing
from the person proposing to hold the parade, authorizing the
applicant to apply for the permit on his behalf.
Sec 14-23.
Same-Processing fee.
A fee in the amount of Twentv-Five Dollars ($25.00),-ift
such amount as is prescribed by the board of su~er7isors, to
cover the expenses incident to processing an application for a
parade permit shall be paid by the person applying for the permit
at the time of the filing of the application. The Chief of Police
.
sheriff may, in specific cases, waive such fee, if the parade is
June 26, 1990
488
..........
to be conducted on behalf of a nonprofit or charitable
organization.
Sec. 14-24. Issuance or denial
(a) The Chief of Police sheriff shall act upon an
application for a parade permit, within seven (7) days after the
filing thereof, by either issuing or denying the permit. If he
.
denies the permit, the Chief of Police he shall mail to the
applicant, by certified mail, or have served upon the applicant,
within seven (7) days after the date upon which the application
was filed, a notice of his action stating the reasons for the
denial of the permit. Any person aggrieved shall have the right
to appeal such denial or qrantinq of a Darade Dermit to the
circuit court of the county. The appeal shall be taken within
eight (8) days after receipt of the notice of denial or qranting
of such Dermit.
(b) The Chief of Police ßheriff shall issue a parade
permit when, from a consideration of the application and from
such other information as may otherwise be obtained, he finds
that:
(1) The conduct of the parade will not substantially
interrupt the safe and orderly movement of other
traffic contiguous to its route.
(2) The conduct of the parade will not require the
diversion of so great a number of law-enforcement
officers of the county, to properly police the
line of movement and the areas contiguous thereto,
48 9
.
June 26, 1990
--
-
as to prevent normal police protection to the
county.
(3) The conduct of the parade will not require the
diversion of so great a number of ambulances as to
prevent normal ambulance service to portions of
the county other than that to be occupied by the
proposed line of march and areas contiguous
thereto.
(4) The concentration of persons, animals and vehicles
at assembly points o~ the parade will not unduly
interfere with proper fire and police protection
of, or ambulance service to, areas contiguous to
such assembly areas.
(5) The conduct of the parade will not interfere with
the movement of fire-fighting or rescue squad
equipment or vehicles en route to a fire, accident
scene or other emergency.
(6) The proposed conduct of the participants in the
parade does not present a clear and present danger
of violence.
(7) The parade is scheduled to move from its point of
.
origin to its point of termination expeditiously
and without unreasonable delays en route.
(8) The parade is not to be held for the sole purpose
of advertising any product, goods or event and is
not designed to be held purely for private profit.
June 26, 1990
49 0
-
This provision shall not prohibit signs
identifying organizations or sponsors furnishing
.
or sponsoring floats or transportation for the
parade.
(c) The Chief of Police ßftcriff, in denying an
application for a parade permit, any authorize the conduct of the
parade on a date, at a time or over a route different from that
named by the applicant. An applicant desiring to accept an
alternative permit shall, within two (2) days after notice of the
action of the Chief of Police ßhcriff, file a written notice of
acceptance with the Chief of Police ßftcriff. An alternative
parade permit shall conform to the requirement of and shall have
the effect of a parade permit under this Chapter.
Sec. 14-25.
Contents
.
Each parade permit shall contain the following
information:
(1) Date of the parade.
(2) Starting time and termination time of the parade.
(3) The portions of the streets to be traversed that
may be occupied by the parade.
(4) The number of persons, animals and motor vehicles
that will be in the parade.
(5) Such other information as the Chief of Police
ßhcriff shall find necessary for the enforcement
of this chapter.
.
Sec. 14-26. Copy to be sent to certain officials.
49 1
June 26, 1990
-
Immediately upon the issuance of a parade permit, the
Chief of Police sheriff shall send a copy thereof to the
following:
(1) The county administrator.
(2) The assistant county administrator supcrintcndcnt
of public facilities..
(3) The commonwealth's attorney.
(4) The chairman of the board of supervisors.
~ Each supervisor throuqh whose district the parade
route will travel.
i§l The chief of the fire and rescue department.
Sec. 14-29. Revocation.
The Chief of Police sheriff shall have the authority to
revoke a parade permit upon any violation of the standards for
issuance, as set forth in section 14-24(b).
8. That Secs. 15-2, 15-7, 15-10, and 15-11 of Chapter
15,
Parks and Recreation of the Code of Roanoke County be, and
.
hereby is, amended and readopted as follows:
Sec 15-2. Definitions
For the purpose of this chapter, the following terms,
phrases, words, and their derivation shall have the meaning given
herein unless the context clearly indicates the contrary. When
not inconsistent with the context, words used in the present
tense include the future, words used in the singular number
include the plural number. The word "shall" is always mandatory
and not merely directory.
.
.
June 26, 1990
;92
~
County is the County of Roanoke, Virqinia.
Director means the Director of Parks and Recreation and
includes any person whom the Director designates to act for the
Director hereunder.
Park and other areas, now or in the future operated and
maintained by the County of Roanoke Department of Parks and
Recreation, are defined to mean parks, public lands, playgrounds,
recreation fields, museums, building, lakes, streams, lagoons,
water areas, and submerged lands, and all public service
.
facilities located on or in grounds, waters, buildings and
structures in Roanoke County which are under the control of or
assigned for upkeep, maintenance or operation by the County of
Roanoke, Department of Parks and Recreation, including property
of the Roanoke County School Board.
Person is any person, firm, partnership, association,
corporation, company, or organization of any kind.
Vehicle means every device in, upon, or by which any
person or property may be transported upon a highway, except
devices moved by power collected from overhead electric trolley
wires, or used exclusively upon stationary rails or tracks, and
except devices other than bicycles moved by human power.
Permit is any written license issued by or under the
authority of the Director of Parks and Recreation permitting the
performance of a specified act or acts.
Parking means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of
49 3
June 26, 1990
'-
and while actually engaged in loading or unloading.
Closed Hours means the houcs from 11:00 p.m. until 6:00
a.m. the following day.
Department when used hereinafter is defined as the
Department of Parks and Recreation for the County of Roanoke.
Police officer Cheriff'a deputies means all officers of
the Roanoke County Police Department. includinq the Chief of
Police. and all properly trained and deputized law enforcement
officers of the Roanoke County Sheriff's Department and any law
enforcement officer legally empowered to issue warrants of arrest
or summons within the County of Roanoke.
Park attendants means all full-time employees of the
Department of Parks and Recreation ~d any part-time or temporary
employees of the department specifically authorized by the
Director to enforce the requirement of this chapter.
Sec. 15-7. Traffic. No person in a park shall:
1. Motor vehicle laws apply. Fail to comply with all
applicable provision of the state and county motor vehicle
traffic laws in regard to equipment and operation of vehicles
together with such regulations as are contained in this and other
ordinances.
2. Enforcement of traffic requlations. Fail to obey
any police officer all Chcriff'a deputies and park attendants who
are hereby authorized and instructed to direct traffic whenever
.
and wherever needed in parks and on the highways, streets or
roads immediately adjacent thereto in accordance with the
June 26, 1990
494 '
-
provision of these regulations and such supplementary regulation
as may be issued subsequently by the Director.
3. Obey traffic siqns. Fail to observe all traffic
signs indicating speed, direction, caution, stopping or parking
and all others posted for property control and to safeguard life
·
and property.
4. Speed of vehicles. Ride or drive a vehicle at a
rate of speed exceeding 15 miles per hour, except upon such park
roads as the County may designate, by posted signs, for other
speed limits.
5. Operation confined to roads. Drive any vehicle on
any area except the paved park roads or parking areas, or such
other areas as may on occasion be specifically designated as
temporary parking areas by the Director.
6. Snowmobiles. etc. Operate in any park or
recreation area snowmobiles, hovercraft, minibikes, motorcycles,
·
go-carts, ATVs, mopeds or any other vehicles except in areas
specifically designated by the Director for such use.
7. Trucks and commercial vehicles. Shall operate in
or through any park, any trucks or commercial vehicles with a
gross weight in excess of five (5) tons, except for the delivery
of the load thereon for use in such parks as expressly approved
by the Director.
8. Parkinq.
A. Desiqnated areas. Park a vehicle in other than an
established or designated area, and such use shall be in
·
.
495
June 26, 1990
~
accordance with the instructions of any park attendant or police
~
officer Sheriff's deputy who may be present.
B. Prohibited activities. Park a vehicle in a park
for the expressed purpose of washing, repairing or maintaining
the same.
C. Double parking. Double park any vehicle on any
road or parkway unless directed by a park attendant or police
officer Sheriff's deputies.
9.
Bicycle.
.
A. Confined to roads. Ride a bicycle on other than a
vehicular road or path designated for that purpose. A bicyclist
shall be permitted to wheel or push a bicycle by hand over any
grassy or wooded trail or any paved area reserved for pedestrian
use.
B. Desiqnated racks. Leave a bicycle in a place
other than a bicycle rack when such is provided and there is a
space available.
Sec. 15-10. Behavior. No person in any park shall:
* * * *
8. Exhibit permits. Fa~ to produce and exhibit any
permits from the Director upon request of any police officer
Sheriff's deputy or park attendant who shall request to inspect
the same.
* * * *
Sec. 15-11. Park Operatinq POlicy.
* * * *
June 26, 1990
496
-
3.
Permit. A permit shall be obtained from the
.
Director before participating in a park activity prohibited by
these rules:
* * * *
B. Standards of Issuance. The Director may issue a
permit hereunder when he finds: that the proposed activity or use
of the park will not unreasonably interfere or detract from the
general public enjoyment of the park; that the proposed activity
and use will not unreasonably interfere with or detract from the
promotion of public health, welfare, safety or recreation; that
the proposed activity or use is not reasonably anticipated to
incite violence, crime or disorderly conduct; that the proposed
.
activity will not entail unusual, extra-ordinary or burdensome
expense or allocation of manpower resources by the Roanoke County
Police Department Sheriff's Department or other operation by the
County; that the facilities desired have not been reserved for
other use at the day and hour required in the application.
* * * *
2. That this ordinance shall be in full force and
effect from and after July 1, 1990.
On motion of Supervisor Eddy to waive the second
reading and adopt the ordinance, and carried by the following
recorded vote:
AYES:
.
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
4 9 7 ¿.
. . ..,
June 26, 1990
-
-
IN RE:
SECOND READING OF ORDINANCES
h Ordinance amendina and readoptinq ChaDter 16 of
the Roanoke County Code as ChaDter 16A, Precious Metals and Gems.
0-62690-9
.
Mr. Mahoney presented a minor correction to the
ordinance. Supervisor McGraw moved to adopt the ordinance as
corrected. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
ORDINANCE 62690-9 AMENDING AND READOPTING CHAPTER
16 OF THE ROANOKE COUNTY CODE AS CHAPTER 16A,
PRECIOUS METALS AND GEMS
WHEREAS, it is the intention of the Board of
Supervisors of Roanoke County, Virginia, to institute and
establish a county police department by adopting a new Chapter
16, Police to the Roanoke County Code; and,
WHEREAS, it is the intention of the Board of
Supervisors to continue in effect those provisions of the Roanoke
County Code dealing with the regulation of dealers in precious
metal and gems with the same section numbers as currently but
under a new Chapter designated 16A, and
WHEREAS, the first reading of this ordinance was held
on June 12, 1990; the second reading on this ordinance was held
on June 26, 1990.
.
·
June 26, 1990
49 8
-
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, as follows:
1. That Chapter 16, currently Precious Metals and Gems,
of the Roanoke County Code be, and it hereby is, amended and
reenacted as Chapter 16A Precious Metals and Gems by amending and
reenacting Sections 16-21 through 16-32 and sections 16-41
through 16-48 to read and provide as follows:
Chapter 16A
·
PRECIOUS METALS AND GEMS
ARTICLE I. GENERALLY
Sec. 16A-21. Definitions.
The following words, terms, and phrases, when used in
this Chapter, shall have the meanings ascribed to them in this
Section, except where the context clearly indicates a different
meaning:
"Coin" means any piece of gold, silver, or other metal
fashioned into a prescribed shape, weight, and degree of
fineness, stamped by authority of a government with certain marks
and devices, and having a certain fixed value as money.
·
"Dealer" means any person, firm, partnership or
corporation engaged in the business of purchasing secondhand
precious metals or gems, removing in any manner precious metals
or gems from manufactured articles not then owned by such person,
firm, partnership or corporation, buying, acquiring or selling
precious metals or gems removed from such manufactured articles.
"Dealer" shall mean any employee or agent who makes any such
499
June 26, 1990
-
purchase for or on behalf of his employer or principal. This
definition shall Hot be construed so as to include persons
-
engaged in the following:
(1) Purchase of precious metal or gems directly from
other dealers, manufacturers, or wholesalers for retail
or wholesale inventories, provided the selling dealer
has complied with the provisions of this Chapter.
(2) Purchases of precious metals or gems from a duly
qualified fiduciary who is disposing of the assets of
the estate being administered by such fiduciary in the
administration of an estate.
(3) Acceptance by a retai~ merchant of trade-in
merchandise previously sold by such retail merchant to
the person presenting that merchandise for trade-in.
(4) Repairing, restoring or designing jewelry by a
retail merchant, if such activities are within his
normal course of business.
(5) Purchases of precious metals or gems by industrial
refiners and manufacturers, insofar as such purchases
are made directly from retail merchants, wholesalers,
or dealers or by mail originating outside the
Commonwealth of Virginia.
(6) Persons regularly engaged in the business of
purchasing and processing nonprecious scrap metals
which incidentally may contain traces of precious
metals recoverable as a by-product.
June 26, 1990
50 0
-
"Gems" means precious or semiprecious stones
customarily used in jewelry whether loose or in a setting.
"Precious metals" means any item, except coins,
composed in whole or in part of gold, silver, platinum or
·
platinum alloys.
Sec. 16A-22. violations of Chapter qenerally.
Any person convicted of violating any provisions of
this Chapter shall be guilty of a Class 2 misdemeanor for the
first offense. Upon conviction of any subsequent offense, he
shall be guilty of a Class 1 misdemeanor.
Sec. 16A-23. Chapter not applicable to sale or purchase of
coins.
The provisions of this Chapter shall not apply to the
sale or purchase of coins.
Sec. 16A-23.1 Chapter not applicable to financial institutions.
·
The provisions of this Chapter shall not apply to any
bank or branch thereof, trust company, or bank holding company,
or any wholly-owned subsidiary thereof, engaged in the business
of buying and selling gold and silver bullion.
Sec. 16A-24.
waiver of Article provisions for certain
exhibitions and shows.
The Chief of Police ahcriff may waive, by written
notice, any provision of this Chapter, except Section 16-30, for
particular numismatic, gem or antique exhibitions or craft shows
sponsored by nonprofit organizations, provided the purpose of the
exhibitions or shows is nonprofit in nature, notwithstanding the
·
.
50 1
..
June 26, 1990
-
fact that there may be casual purchases and trades made at such
-
exhibition or shows.
ARTICLE II. DEALERS
Sec. 16A-25.
Inspection of records required by Chapter and of
articles listed in such records.
Every dealer shall admit to his premises, during
regular business hours, the Chief of Police or officers of the
Police Department, the sheriff or his sworn deputies and any law-
.
enforcement official of the state or federal governments, and
shall permit such law-enforcement officer to examine all records
required by this Chapter, and to examine any article listed in
such a record which is believed by the officer to be missing or
stolen.
Sec. 16A-26. Bond or letter of credit.
(a) Every dealer, at the time of obtaining a permit
under Article III of this Chapter, shall enter into a
recognizance in favor of the Board of Supervisors, secured by a
corporate surety authorized to do business in the Commonwealth,
in the penal sum of ten thousand dollars ($10,000.00),
.
conditioned upon due observance of the term of this Chapter. In
lieu of a bond, a dealer may cause to be issued, by a bank
authorized to do business in the Commonwealth, a letter of credit
in favor of the Board of Supervisors, in the sum of ten thousand
dollars ($10,000.00).
(b) A single bond upon an employer or principal may be
written or a single letter of credit issued under this section to
June 26, 1990
50 2
-
cover all employees and all transactions occurring at a single
location.
(c) If any person shall be aggrieved by the misconduct
of any dealer who has violated the provision of this Chapter, he
may maintain an action for recovery in any court of proper
jurisdiction against such dealer and his surety, provided that
recovery against the surety shall be only for that amount of the
judgment, if any, which is unsatisfied by the dealer.
Sec. 16A-27.
Notice of closinq and reopeninq of business;
location of business.
If the business of a dealer is not operated without
interruption, Saturdays, Sundays anœ recognized holidays
excepted, for a period of not less than ten days. the dealer
shall notify the Chief of Police aftcriff of all closings and
reopenings of such business. The business of a dealer shall be
conducted only from the fixed and permanent location specified in
his application for a permit under this Chapter.
Sec. 16A-28. Identification of persons from whom purchases made.
No dealer shall purchase precious metal or gems,
without first ascertaining the identity of the seller, by
requiring an identification card or document issued by a
governmental agency, with a photograph of the seller thereon, and
at least one other corroborating means of identification, and
obtaining a statement of ownership from the seller.
Sec. 16A-29. Record of Purchases.
503
June 26, 1990
-
(a) Every dealer shall keep, at his place of business
-
an accurate and legible record of each purchase of precious
metals or gems. The record of each such purchased shall be
retained by the dealer for not less than twenty-four (24) months.
These records shall set forth the following:
(1) A complete description of all precious metals
or gems purchased from each seller. The
description shall include all names, initials,
serial numbers or other identifying marks or
monograms on each item purchased, the true weight
or carat of any gem and the price paid for each
item.
(2) The date and time of receiving the item(s)
purchased.
(3) The name, addres~, age, sex, race, driver's
license number or social security number and
signature of the seller.
(4) A statement of ownership from the seller.
(b) The information requires by subdivisions 1 through
3 of subsection (a) above shall appear on each bill of sale for
all precious metals and gems purchased by a dealer and a copy
shall be mailed or delivered, within twenty-four (24) hours of
the time of purchase, to the office of the Chief of Police
sheriff.
Sec. 16A-30. Prohibited purchases.
(a) No dealer shall purchase precious metals or gems
June 26, 1990
504
~
from any person who is under the age of eighteen (18) years.
~
(b) No dealer shall purchase precious metals or gems
from any person ~o the dealer believes, or has reason to
believe, is not the owner of such items, unless such person has
written and duly authenticated authorization from the owner
permitting and directing such sale.
(c) No dealer shall purchase or sell any precious
.
metals or gems except at the place of business as identified in
the application required by Section 16-42.
Sec. 16A-31. Retention of purchases.
(a) A dealer shall retain all precious metals or gems
purchased by him for a minimum of ten (10) calendar days from the
date on which a copy of the bill of sale is received by the Chief
of Police sheriff pursuant to Section 16-29. Until the
expiration of this period, the dealer shall not sell, alter or
dispose of a purchased item, in whole or in part, or remove it
from the county.
(b) If a dealer performs the service of removing
.
precious metals or gems, he shall retain the metals or gems
removed and the article from which the removal was made for a
period of ten (10) calendar days after receiving such article and
precious metals or gems.
Sec. 16A-32. Record of sales.
Each dealer shall keep and maintain, for at least
twenty-four (24) months, an accurate and legible record of the
name and address of the person to whom he sells any precious
50 5
June 26, ~90
metal or gem in its original form after the waiting period
-
required by Section 16-31. This record shall also show the name
and address of the person from whom the dealer purchased such
item.
Secs. 16A-33 -- 16A-40. Reserved.
ARTICLE III. PERMIT
Sec. 16A-41. Permit required; postinq.
No person shall engage in the activities of a dealer in
the county as defined by Section 16-21, unless he has a current
permit so to do issued by the Chief of Police sheriff pursuant to
this Article. No purchase or sale permitted by this Chapter shall
be lawful unless and until such permit is prominently posted at
the dealer's place of business.
Sec. 16A-42. Application fee.
Any person desiring a permit required by this Article
shall file with the Chief of Police sheriff an application form,
which shall include the dealer's full name and any aliases and
his address, date of birth, age, social security number, sex, and
fingerprints; the name, address, and telephone number of the
applicants' employer, if any; and the location of the applicant's
place of business. Such application shall be accompanied by an
application fee of two hundred dollars ($200.00), payable to
"Treasurer, Roanoke County."
Sec. 16A-43.
Applicant's weighinq devices to be inspected and
approved.
Before a permit required by this Article may be issued,
June 26, 1990
50 6
-
the applicant must have all weighing devices used in his business
inspected and approved by county or state weights and measures
officials and present written evide~ce of such approval to the
Chief of Police sheriff. As a condition for renewal of any
permit, as permitted under Section 16-46, each dealer shall
provide written evidence of an inspection and approval within
thirty (30) days prior to such renewal date.
Sec. 16A-44. Issuance or denial.
Upon the filing of a proper application for a permit
under this Article and compliance with the provisions of this
Article and of section 16-26, the applicant shall be issued a
permit by the Chief of Police ahcriff, provided the applicant has
not been convicted of a felony or crime of moral turpitude within
seven (7) years prior to the date of application. The permit
.
shall be denied if the applicant has been denied a permit or has
had a permit revoked under this Chapter or any ordinance of this
county or another jurisdiction similar in substance to the
provisions of this Chapter. Any false or misleading information
provided on the application form required by Section 16-42 may be
grounds for denial of a permit.
Sec. 16A-45. Not transferable.
No permit issued under this Article shall be
transferable.
Sec. 16A-46. Term; renewal.
A permit issued under this Article shall be valid for
.
one (1) year from the date issued, unless sooner revoked, and may
50 7
June 26, 1990
-
be renewed in the same manner as such permit was initially
-
obtained, with an annual permit fee of two hundred dollars
($200.00) .
Sec. 16A-47. Revocation.
Upon the first conviction, by any court, of a dealer
for violation of any provision of this Chapter, the Chief of
.
Police sheriff may revoke his permit to engage in business as a
dealer under this Chapter for a period of one full year from the
date the conviction becomes final. Such revocation bv the Chief
of Police shall be mandatory upon a second conviction.
ARTICLE IV. SEVERABILITY
Sec. 16A-48. severability.
The sections, paragraphs, sentences, clauses and
phrases of this Chapter are severable, and if any phrase, clause,
sentence, paragraph or section of this Chapter shall be declared
unconstitutional or invalid by the valid jUdgment or decree of a
court of competent jurisdiction, the remaining phrases, clauses,
sentences, paragraphs and sections oY this Chapter shall remain
valid.
2. That these amendments and reenactments shall be in
full force and effect on and after June 27, 1990.
On motion of Supervisor McGraw to adopt the ordinance
amended with "(A)" included following Chapter 16 wherever
applicable, and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
.
50 8
June 26, 1990
-
ABSENT:
Supervisor Nickens
==::J
~ Ordinance establishinq a County Police Force for
the County of Roanoke, Roanoke County Code, ChaDter 16, Sections
1 - 18.
0-62690-10
Mr. Mahoney presented several minor changes regarding
policies and procedures and explained that the procedures must be
in accordance with the County employee handbook. Changes in
policies and procedures will be incoFPorated into the handbook
and brought to the board for approval.
Supervisor Johnson
expressed concern about the possible procedures regarding drug
testing and asked that such changes be brought back to the board
before implementation.
Supervisor Eddy asked if there were problems with the
ordinance going into effect immediately when the Police
Department will not go into effect until July 1. Mr. Mahoney
responded that the body of the ordinance stipulates commencement
of operations on July 1.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
.
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62690-10 ESTABLISHING A
509
June 26, 1990
¡;;;
COUNTY POLICE FORCE FOR THE COUNTY
OF ROANOKE, VIRGINIA
WHEREAS, on November 7, 19ß9, the qualified voters of
Roanoke County approved by majority vote the establishment of a
police force in the County in a referendum conducted pursuant to
§ 15.1-131.6:1 of the Code of Virginia; and
WHEREAS, the General Assembly of the Commonwealth of
Virginia in its 1990 legislative session enacted authorizing
legislation for the creation of such a police department as
required by § 15.1131.6:1 of the Code of Virginia: and
WHEREAS, it is the intention of the Board of
Supervisors of Roanoke County, Virginia, to institute and
establish a police department for the County of Roanoke which
shall commence operations on July 1,. 1990, at 12:00:01 a.m. ; and
WHEREAS, the first reading of this ordinance was held
on June 12, 1990; the second reading on this ordinance was held
on June 26, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, as follows:
1. That Chapter 16, currently Precious Metals and Gems,
of the Roanoke County Code be, and it hereby is, amended and
reenacted under the heading Police by adding Sections 16-1
through 16-18 to read and provide as follows:
CHAPTER 16
Police
.
Article I. In General
June 26, 1990
51 0
=====
Sec. 16-1.
Establishment of Police Department.
A police department consisting of a Chief of Police and
officers of such rank and experience as the chief shall determine
is hereby created for the County of Roanoke, Virginia. This
department shall be known as the Roanoke County Police
Department.
.
Sec. 16-2.
Duties and authority of Police Department and its
officers.
The Roanoke County Police Department shall exercise all
the powers and duties imposed upon police by the provisions of
Chapter 3 of Title 15.1 of the Code of Virginia, 1950, as
amended, or its successors as it may from time to time appear.
The police officers constituting this department are invested
with and authorized to exercise all of the power and authority
which pertains to the office of constable at common law within
the territorial limits of the County of Roanoke, including the
Town of Vinton, in taking cognizance of and enforcing the
criminal laws of the Commonwealth of Virginia and the ordinances
and regulation of the County of Roanoke.
Sec. 16-3.
Limitations on board actions.
Neither the board nor any of its members shall direct
the appointment, promotion or removal of any officer or employee
of the Police Department nor interfere with the Chief of Police
in the exercise of his judgment in any such matters.
Except for the purpose of inquiry, the members of the
board shall deal with the Chief of Police and any officers of the
.
.
511
June 26, 1990
-
department solely through the County Administrator, and no member
--
of the board shall give orders to or direct any officer or
employee of the department, including the Chief of Police.
Article II. Chief of Police
Sec. 16-4.
Selection of Chief of Police
The Chief of Police shall be selected by the County
Administrator and shall serve at the pleasure of the
Administrator at such salary as the Administrator, subject to the
approval of the Board of Supervisors, shall determine.
Sec. 16-5.
.
Duties of Chief of Police; Bond.
The Chief of Police shall be the principal law
enforcement officer of the County of Roanoke, Virginia. The
Chief of Police shall be responsible for the operations of the
Roanoke County Police Department and the performance of all
officers and employees of this department. The Chief of Police
shall be authorized to establish such pOlicies and procedures and
to adopt such rules and regulations for the department, as shall
be most conducive to the efficient and professional operation of
this department. The Chief of Police shall be bonded in
accordance with standard county practice.
Sec. 16-6.
Coordination with other law enforcement agencies;
Reports.
In carrying out his responsibilities, the Chief of
Police shall consult with and coordinate the operations of this
department with the Sheriff of Roanoke County, the Chief of
Police of the Town of Vinton and the principal law enforcement
June 26, 1990
512
---------
officer of all contiguous jurisdictions, in so far as reasonably
possible. The Chief of Police shall keep the County Administrator
informed of the operations of his department and of significant
matters affecting the public safety of the County of Roanoke and
shall make such reports to the Administrator and the Board of
Supervisors as shall be periodically required.
Sec. 16-7.
Article III. Officers and Employees
Selection and appointment of police officers;
oaths.
The officers of the Roanoke County Police Department
shall be selected, appointed, promoted, disciplined and
terminated by the Chief of Police in accordance with the
procedures established in the Roano~ County Employee Handbook.
To assist the Chief in hiring the most capable and qualified
officers, he shall be authorized to establish such selection
procedures, including the administration of tests or other
measurements, as are consistent with professional police
practices. Prior to receiving his badge of office, each officer
shall take an oath as prescribed by state statute or local
ordinance.
Sec. 16-8.
Powers and duties of police officers.
Every officer of this department shall have all powers
and authority as stated in Sec. 16 - 2 above. It shall be the
duty of every officer of this department to use his best efforts
.
to preserve and enforce the criminal laws of the Commonwealth of
Virginia and the ordinances and regulation of the County of
51 3
June 26, 1990
-
Roanoke and to preserve the peace and good order of this
community. Each officer shall in all cases, except in civil
---
matters, execute within the territorial limits of Roanoke County,
and within one mile beyond, all warrants or summonses as may be
placed in his hand.
.
Sec 16-9. Regulations and procedures.
The Police Department shall adopt such regulations and
procedures in the form of general orders or otherwise as shall be
necessary or conducive to the efficient and professional
operation of the department.
Article IV. Records and Services of the Department
Sec. 16-10. Records of arrests and offenses; Release of records.
The Police Department shall keep records of offenses
reported and arrests and the disposition thereof in such form as
the Chief of Police shall prescribe. The release of any such
records shall be in compliance with the "Virginia Freedom of
.
Information Act, " § 2.1-340.1 to 2.1-346.1 and the "Privacy
Protection Act of 1976" §2.1-377 to 2.1-386, Code of Virginia,
1950, as amended or their successors. Provided that written
authorization is received from the individual who is the subject
of any investigation or arrest, the department shall make such
information available to third parties. The department may charge
a fee, not to exceed $10.00 to defray the administrative cost of
searching for and providing such information. The Chief of Police
may waive such fee for any law-enforcement officer or agency or
authorized representative of any armed force of the United states
.
·
June 26, 1990
514
-
or the Commonwealth or for any organization which provides
services to the Police Department which are reasonably adequate
to offset the revenue to be derived from such fees.
Sec. 16-11. Finqerprintinq.
The Police Department shall record fingerprint
impressions on fingerprint cards for any individual upon the
payment of a fee of $10.00. No fee shall be charged where
fingerprinting shall be a condition of employment of any agency
of this local government, or where performed at the request of
another law-enforcement agency or authorized representative of
the armed forces of the United states or the Commonwealth. The
Chief of Police is authorized to waive this fee in connection
with the fingerprinting of minors conducted by the department in
connection with any public service project or promotion, in his
discretion.
Sec. 16-12. Accident reports.
The Police Department shall keep on file such records
of traffic accidents occurring in the County of Roanoke as the
Chief of Police shall require. Upon the payment of a fee of
$10.00 to defray the cost of providipg such reports, the Chief of
Police may make available the originals and permit copying of
such reports to any person directly involved in a particular
accident, their legal or other authorized representative, any
authorized representative of any insurance carrier reasonably
anticipating exposure to civil liability as a consequence of the
accident or any party who suffered personal injury or property
515
June 26, 1990
damage as a result of such accident. The provisions of this
-
.
section shall only apply to the standard report form authorized
by the Department of Motor Vehicles and shall not be interpreted
.~
to include any investigative report by any police officer or
statement made by any witness to any such accident.
Sec. 16-13.
Disposition of fees.
All fees for services provided by the Police Department
in accordance with this Article shall be deposited with the
Treasurer of Roanoke County for the county's general fund.
Article v. Unclaimed Personal Property.
Sec. 16-14. Definition.
As used herein, "unclaimed personal property" shall
.
mean any personal property belonging to another which has been
acquired by an officer of this department pursuant to his duties,
which is not needed in any criminal prosecution, which has not
been claimed by its rightful owner and which the state treasurer
has indicated will be declined if remitted under the Uniform
Disposition of Unclaimed Property Act (§ 55-210.1 et seq, Code of
Virginia, 1950, as amended).
Sec. 16-15.
When sale authorized.
Any unclaimed personal property which has been in the
possession of the Police Department and is unclaimed for a period
of more than sixty (60) days may be disposed of by the Chief of
.
Police by public sale, subject to the provisions of this Article.
Sec. 16-16.
Prerequisites to sale.
Prior to the sale of any unclaimed property pursuant to
June 26, 1990
516
=
this Article, the Chief of Police, or his duly designated
representative, shall make reasonable attempts to notify the
rightful owner of the property, obtain from the Commonwealth's
Attorney, in writing, a statement advising that the property is
not needed in any criminal prosecuti~n and cause to be published,
in a newspaper of general circulation in the county, once a week
for two (2) successive weeks, notice that there will be a public
sale of such unclaimed personal property. Such property shall be
described generally in the notice, together with the date, time
and place of the sale.
Sec. 16-17. Disposition of sale proceeds.
The Chief of POlice, or his duly designated
representative, shall pay, from the proceeds of any sale made
pursuant to this Article, the costs of advertisement, removal,
storage, investigation as to ownership and liens and notice of
sale. The balance of such funds shall be deposited with the
Treasurer of Roanoke County for the account of the Chief of
Police and paid to the owner upon satisfactory proof of
ownership. If no claim has been made by the owner for such funds
within sixty (60) days of the sale, the remaining funds shall be
deposited in the general fund of the county. Any such owner shall
be entitled to apply to the county within three (3) years from
the date of the sale and, if timely application is made therefor,
the county shall pay the remaining proceeds of the sale to the
owner, without interest or other charges. No claim shall be made
nor any suit, action or proceeding be instituted for the recovery
.
.
517
June 26, 1990
of such funds after three (3) years from the date of the sale.
C=::
Article VI. SEVERABILITY
Sec. 16-18.
severability.
The sections, paragraphs, sentences, clauses and
phrases of this Chapter are severable, and if any phrase, clause,
sentence, paragraph or section of this Chapter shall be declared
.
unconstitutional or invalid by the valid judgment or decree of a
court of competent jurisdiction, the remaining phrases, clauses,
sentences, paragraphs and sections of this Chapter shall remain
valid.
Secs. 16-19 to 16-20. Reserved.
2. That these amendments, additions and reenactments
shall be in full force and effect on and after June 27, 1990.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, JOhnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
.
~ Ordinance establishing an Auxiliary Police Force
in the County of Roanoke, Roanoke County Code, Section 16-19,
ChaDter 16.
0-62690-11
Mr. Mahoney reported that this ordinance establishes an
June 26, 1990
51 8
-
auxiliary police force. The ordinanbe has been clarified as the
board requested at the last meeting.
Supervisor Johnson advised that he felt no changes to
the auxiliary police force should affect those currently on the
Sheriff's auxiliary police. Mr. Hodge responded that Chief Cease
will meet with those currently on the auxiliary to work out the
details, but that there will be training necessary for those who
will carry a gun or engage in other law enforcement patrol.
Those who do not desire to take the training may continue in
office functions.
Supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62690-11 AMENDING THE ROANOKE
COUNTY CODE BY THE ADDITION OF S 16-19 TO
CHAPTER 16, POLICE, ESTABLISHING AN AUXILIARY
POLICE FORCE IN ROANOKE COUNTY
WHEREAS, the Chief of Police of the Roanoke County
Police Department has expressed a desire to establish a program
to provide for an auxiliary police force in Roanoke County,
Virginia, which said auxiliary police force shall be trained in
.
police procedures and shall be available as a supplementary force
for use for various police activities and functions in Roanoke
County; and
5 1 9
June 26, 1990
-
-
WHEREAS, § 15.1-159.2, Code of Virginia, 1950, as
amended, authorizes the governing body of a county to establish,
equip and maintain an auxiliary police force; and
WHEREAS, the Board of Supervisors of Roanoke County is
.
of the opinion that the establishment of such an auxiliary police
force would be in the best interests of Roanoke County.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 16, Police, of the Roanoke County Code
be amended and readopted by adding Sec. 16-19 as follows:
Sec 16-19. Roanoke County Auxiliary Police Force.
(a) An auxiliary police force is hereby created in
Roanoke County, Virginia. This force shall be designated as the
Roanoke County Auxiliary Police Force. The members of the
auxiliary police force, when called into service, shall have all
.
the powers, authority and immunities as granted to such forces by
Article 4 of Chapter 3, Title 15.1 of the Code of Virginia [§
15.1-159.2 et seq.].
(b) The Chief of Police shall have the power and
authority to call into service the members of the auxiliary
police force at such times as he deems it necessary so to do.
(c) All individuals who snaIl serve as auxiliary
police officers shall be selected, appointed, promoted,
disciplined, and terminated by the Chief of Police of the Roanoke
County Police Department.
(d) All auxiliary police officers shall wear the
.
·
June 26, 1990
52 0
-
uniform of the Roanoke County Police Department with a
designation thereon that such officer is a member of the
auxiliary police force when in the performance of their duties.
(e) All auxiliary police officers shall follow and
fully comply with all established policies procedures, rules and
regulations of the Roanoke County Police Department.
2. This ordinance shall be in full force and effect
from and after July 1, 1990. ·
On motion of Supervisor Eddy to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance amendinq the Roanoke County Code,
ChaDter 12, Motor Vehicles and Traffic, Article III, of the
Roanoke County Code, to prohibit ~arkinq in Fire Lanes.
0-62690-12
Mr. Mahoney advised this ordinance incorporates in the
local code changes from the General Assembly session. He further
advised he will bring a report back to the Board at the last
meeting in July on all parking fines and fees.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
521
June 26, 1990
ABSENT:
.
-
Supervisor Nickens
-
ORDINANCE 62690-12 AMENDING CHAPTER
12, MOTOR VEHICLES AND TRAFFIC,
ARTICLE III. PARKING, TO PROHIBIT
PARKING IN FIRE LANES
WHEREAS, by Ordinance 52488-13, Roanoke County repealed
Article II, Fire Lanes of Chapter 9, FIRE PREVENTION AND
PROTECTION in adopting the "Virginia Statewide Fire Prevention
Code;" and
WHEREAS, all violations of the Fire Prevention Code of
the County of Roanoke, Article II, Chapter 9, Roanoke County
Code, are charged as Class 1 Misdemeanors carrying the punishment
prescribed by § 18.2-11, Code of Virginia, 1950, as amended; and
WHEREAS, by the amendment of § 46.2-1220 of the Code of
Virginia, the County of Roanoke has been granted the same powers
as cities and towns to regulate parking within its boundaries by
ordinance.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Article III, PARKING, Division 1. GENERALLY,
of Chapter 12, MOTOR VEHICLES AND TRAFFIC, be amended and
readopted by adding Section 12-60 as follows:
Sec. 12-60. Parkinq in fire lanes unaawful.
(a) It shall be unlawful for any person to park in or
otherwise obstruct a fire lane designated and marked by the fire
marshall in accordance with Sec. F-313.1, et seq., of the Fire
,<
June 26, 1990
522
---------
Prevention Code of the County of Roanoke.
(b) The fire marshall or any law-enforcement officer
may enforce this section in accordance with the provisions of
this Chapter and may have any motor vehicle parked in violation
of this section towed to a garage or parking lot for storage, at
the expense of the owner of such motor vehicle.
2. That this amendment and readoption shall be in
full force and effect on and after July 1, 1990.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance amendinq CbaDter 12, Motor Vebicles and
Traffic, section 12-8, of Article I of CbaDter 12 of the
Roanoke County Code
0-62690-13
Mr. Mahoney advised this ordinance also brings the
Roanoke County Code in compliance with regulations approved in
the General Assembly.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens .
523
June 26, 1990
~
ORDINANCE 62690-13 AMENDING SECTION 12-8 OF
ARTICLE I OF CHAPTER 12 OF THE ROANOKE COUNTY
CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 12-8, Adoption of state law, Article
I, In General, of Chapter 12, Motor Vehicles and Traffic, be
.
amended and readopted to read and provide as follows:
Sec. 12-8.
Adoption of state law.
Pursuant to the authority of Section 46.2-1313 of the
Code of Virginia, all of the provisions and requirements of the
laws of the state contained in Title 46.2 and in Article 2
(Section 18.2-226 et seq.) of Chapter 7 of Title 18.2 of the Code
of Virginia, except those provisions and requirements which, by
their very nature, can have no application to or within the
County, are hereby adopted and incorporated in this chapter by
reference and made applicable within the County. References to
"highways of the state" contained in such provisions and
.
requirements hereby adopted shall be deemed to refer to the
streets, highways, and other public ways within the County. Such
provision and requirements, as amended from time to time, are
hereby adopted and made a part of this chapter as fully as though
set forth at length herein, and it shall be unlawful for any
person within the County to violate or fail, neglect or refuse to
comply with any such provision or requirement; provided, that in
no event shall the penalty imposed for the violation of any
June 26, 1~90
524
~
provision or requirement hereby adopted exceed the penalty
imposed for a similar offense under the state law hereby adopted.
The phrase "all of the provisions and requirements of
the laws of the state" as used herebY shall be construed to
include all amendments to said laws made effective as of the date
that this ordinance is itself effective.
2. The effective date of this ordinance shall be July
1, 1990.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, ~ohnson, Robers
NAYS: None
ABSENT: supervisor Nickens
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR EDDY: (1) Asked about the evaluations of
the County Attorney and County Administrator. Chairman Robers
informed him this would be done in executive session. (2)
Announced he had read and heard statements regarding comments by
Roanoke city Council pertaining to cooperation. He suggested
asking for clarification from Roanoke City. (3) Advised that in
response to a citizen complaint on penalties for late filing of
Personal Property tax, he received an opinion from Attorney
General stating that jurisdictions are limited in penalties
assessed for late personal property filing to the greater of ten
525
June 26, 1990
dollars per return or ten percent of the tax, not $10.00 Per item
of property listed. Following discussion, he asked the County
=
Attorney and Commissioner of Revenu~ to review the procedure and
report back to the Board. (4) Received a citizen complaint about
dumping of chicken manure on Bent Mountain. He suggested that
the Board consider an ordinance regarding animal waste, and asked
the County Attorney to investigate. Supervisor Robers advised
that he had a similar problem in Hunting Hills and the Health
Department solved the problem.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
.
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 62690-14 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 June 26, 1990 designated as Item K
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in sa~d section designated Items 1
June 26, 1990
526
-------.
through 5, inclusive, as follows:
1. Approval of Minutes - May 29, 1990
2. Confirmation of Committee Appointments to the
Community Corrections Resources Board and
Parks and Recreation Advisory Commission.
3. Approval of Fireworks Permit - Hills
Department store.
4. Approval of Fireworks Permit - Town of
.
Vinton.
5. Donation of Right-of-way, Map of Countrywood,
Plat Book 9, Page 143 and amended resolution
requesting acceptance of Countrywood Drive
into the VDOT Secondary System.
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 Johnson, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
.
ABSENT: Supervisor Nickens
IN RE:
EXECUTIVE SESSION
At 9:15 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 A (1)
to consider a personnel matter, the evaluation of the County
Administrator and County Attorney. The motion carried by the
following recorded vote:
AYES:
supervisors Eddy, McGraw, Johnson, Robers
52 7
.
June 26, 1990
-
NAYS: None
~
ABSENT: Supervisor Nickens
IN RE: CERTIFICATION OF EXECUTIVE SESSION
At 10:35 p.m., Supervisor Robers moved to return to Open
Session and adopt a resolution certifying the Executive Session.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, MCGraw, Johnson, Robers
NAYS:
None
ABSENT: Supervisor Nickens
.
RESOLUTION 62690-18 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
June 26, 1990
528
-
i
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 Robers, and carried by the
following recorded vote:
AYES:
supervisors Eddy, McGraw, Johnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
SETTING OF COUNTY ADMINISTRATOR AND COUNTY ATTORNEY
SALARIES
.
Supervisor Johnson moved to set the County Attorney's
salary for 1990-91 at $75,460, plus a $5,000 fringe benefit
package. The motion carried by the following recorded vote:
AYES: Supervisors McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
ABSTAIN: supervisor Eddy
Supervisor McGraw moved to set the County
Administrator's salary for 1990-91 at $92,000, plus a $5,000
fringe benefit package. The motion carried by the following
recorded vote:
.
AYES:
Supervisors McGraw, Johnson, Robers
529
June 26, 1990
-
NAYS: None
t::::::
ABSENT: Supervisor Nickens
ABSTAIN: Supervisor Eddy
IN RE: ADJOURNMENT
At 10:40 p.m., Supervisor ~ohnson moved to adjourn.
The motion carried by the fOllowing voice vote:
AYES:
Supervisors Eddy, MCGraw, JOhnson, Robers
NAYS:
None
ABSENT:
Supervisor Nickens
~~rs, Chairman
·