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Home My WebLink About5/23/1995 - Regular ~ I I ~ May 23, 1995 339 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 23, 1995 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1995. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESEN.T: ChairmanH. Odell "Fuzzy" Minnix, Vice Chairman Edward G. Kohinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Steven W. Harris, Baptist Children's Home. The Pledge of Allegiance was ~ ,... 340 May 23, 1995 ~ recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix advised that the Virginia Recreational Facilities Authority had requested that its rezoning petition be continued until June 13, 1995. Mr. Mahoney requested that the second reading of the ordinance authorizing the sale of ,surplus well lots be continued until after the Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Recoqni tion of Larry A. Loqan for his years of service to the County of Roanoke. Chairman Minnix presented a Certificate of Recognition to Mr. Logan who was formerly employed by the County as Deputy Fire and Rescue Chief. I IN RE: NEW BUSINESS h Request to imÞlement a studY of Þotential commercial and industrial sites and aÞÞroval of resolution authorizinq a comÞrehensive rezoning for ecónomic develoÞment ÞurÞoses. (TimothY W.Gubala, Economic DeveloÞment Director) I R-52395-1 ~ ~ I I ~ May 23,1995 341 Mr. Gubala advised that the 1994 Economic Development Annual Report indicated a lack of commercial sites in the Interstate 81 corridor as well as shortage of industrial sites. The Industrial Development Authority (IDA) has conducted a study of vacant land in the County and determined that 43 parcels with 955 acres should be rezoned for commercial and industrial use. staff is proposing that the IDA serve as the Board's agent to finalize the list of properties and handle the rezoning process. Mr. Gubala advised that the property owners and adjacent property owners would be contacted by letter and meetings would be held with the residents. In response to questions, Mr. Gubala reported that the IDA is compensated at $50.00 per meeting and legal expenses for ,- IDA counsel, and that staff has met with the Planning Commission. Supervisor Eddy suggested waiting until the Comprehensive Plan is amended unless some of the property is in danger of being sold. Supervisor Kohinke moved to approve the study and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Minnix NAYS: Supervisor Eddy RESOLUTION 52395-1 AUTHORIZING A. COMPREHENSIVE REZONING OF VARIOUS PARCELS FOR COMMERCIAL AND INDUSTRIAL USE WHEREAS, the Board of Supervisors have authorized the preparation of a study of potential commercial and industrial ~ ,... 342 May 23, 1995 sites in Roanoke County at their January 20, 1995, strategic planning meeting; and, WHEREAS, the Industrial Development Authority of Roanoke County has conducted a study of vacant land in Roanoke County and has determined that various parcels should be rezoned for commercial or industrial use; and, WHEREAS, one of the purposes of a zoning ordinance is to encourage economic development activities that provide desirable emploYment and enlarge the tax base; and, WHEREAS, the Board of Supervisors desires that the Industrial Development Authority of Roanoke County serve as its agent to amend the zoning district maps to implement the purposes of the zoning study; and, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Industrial Development Authority of Roanoke County (IDA) finalize the list of properties to be rezoned and make application for amendments to the zoning district maps on its behalf. On motion of Supervisor Kohinke to approve the study and adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, N1ckens, Minnix Supervisor Eddy h Request for fundinq to relocate water line in l þ I I ~ I I ""IIIIt May 23, 1995 343 coniunction with Colonial Avenue road Þroiect. (Gary Robertson, utility Director) A-52395-2 Mr. Robertson explained that to allow for the improvements to Colonial Avenue, a portion of the County's 10- inch water line will need to be relocated at an estimated cost of $36,000. Funds are available in the utility Department Water Fund for this project. In response to a question from Supervisor Eddy, Mr. Robertson advised that the issue was brought to the Board because the funds which are available in the Water Fund budget have not been specifically appropriated for that purpose. Supervisor Nickens asked that these types of items be brought to the Board on the Consent Agenda in the future since the funds are already earmarked. Mr. Robertson was directed to coordinate the relocation with North Cross School. Supervisor Kohinke moved to approve the funding of the relocation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Request from Virqinia Amateur SÞorts, Inc. for additional fundinq of $5,000 for FY 94/95. (Elmer Hodqe, County Administrator) ~ ,... 344 May 23, 1995 þ A-52395-3 Mr. Hodge advised that, Virginia Amateur Sports, Inc. is requesting $5,000 additional funds based on matching funds that have been secured from new sponsorships for this year. The Commonwealth Games expects 9,500 athletics to compete in 44 sports, which is a 20% increase in participation. Supervisor Minnix moved to approve $5,000 funding from the General Fund unappropriated balance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ~ Reauest to aÞÞrove advance of funds and reimbursement resolution for exÞenses related to the Joint Sewaqe Treatment Plant Facility proiect. (Diane Hvatt, Finance Director) R-52395-4 Ms. Hyatt reported that the County signed a joint contract with the ci ties of Roanoke and Salem, the County of Botetourt, and the Town of Vinton related to construction of a joint sewage treatment facilities. The County's portion is estimated to be $13,100,000, and staff is pursuing financing through the State Water Control Revolving Loan Pool. These funds I should be available in January 1996. In order to have funds available for architectural and design costs, it will be l ""IIIIt ~ May 23, 1995 345· necessary to loan a maximum of $1,000,000 from the General Fund to the Sewer Fund. Ms. Hyatt explained that the funds will be transferred only as needed to pay bills as they are incurred and will be reimbursed during the 1995-96 fiscal year when financing is complete. Supervisor Nickens moved to adopt the resolution and approve the advance of funds. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I RESOLUTION 52395-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR SEWER SYSTEM IMPROVEMENTS The Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is necessary or desirable to advance money to pay the costs of acquiring, constructing, equipping and developing certain improvements or expansions related to the County's share of the joint sewage treatment plan facility and interceptors, as outlined in a contract signed November 9, 1994 between the County of Roanoke ("proj ect") and to reimburse such advances with proceeds of one or more financings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF II SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration ~ ,... 3A6 May 23, 1995 þ l of official intent under Treasury Regulations section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances not to exceed $500,000 made or to be made by the County to pay the costs of acquiring, constructing, equippi~g and developing the Project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the Project is $13,100,000. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings of the ordinances and set the second readings for June 27, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Ordinance to rezone .84 acre from C-1 to C-2 to oÞerate a karate and fitness studio, 5407 Peters Creek Road, Hollins District, uÞon the Þetition of susan and Mark Reinhardt. located at Maqisterial Carol Rolfe h Ordinance authorizinq a SÞecial Use Permit to I I ~ I I ""II1II May 23, 1995 347 oDerate a convenience store and gasoline outlet, located at the corner of Plantation and Hershberqer Roads, Hollins Maqisterial District, UDon the Detition of Workman oil Co. h Ordinance authorizinq a sDecial Use permit to ODerate a used car lot, located on the west side of Williamson Road 400 feet north of its intersection with Plymouth Drive, Hollins Maqisterial District, UDon the Detition of Shelor, Inc. ~ Ordinance to amend the text of the Roanoke county Zoninq Ordinance to allow manufactured homes in the County's aqricultural zoninq districts Dursuant to section 15.1-486.4, as amended in the 1995 Leqislative Session, UDon the Detition of the Roanoke County Planninq Commission. IN RE: FIRST READING OF ORDINANCES h ordinance amendinq Section 17-14 of the Roanoke County Code, Procurement Code, to Drovide for certain restrictions on contract modifications. (Paul Mahoney, County Attornev) Mr. Mahoney explained that this ordinance revised the County Code to bring it within the state enabling legislation and provides that no fixed-price contract may be increased by more than 25% of the amount of the contract or $10,000 whichever is greater without the advance written approval of the governing body. There were no citizens present to speak on this ordinance. Supervisor Kohinke moved to approve the first reading of the ordinance and set the second reading for June 13, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ~ ,... 148 May 23, 1995 NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance authorizinq the exchanqe of certain real estate with Frank D. Porter III and BeverlY V. Porter, his wife, connection with the in "Lonqridqe" sUbdivision, and the south loop water transmission line. Robertson, utility (Garv Director) 0-52395-5 There was no discussion and no citizens present to speak on this ordinance. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-5 AUTHORIZING THE EXCHANGE OF CERTAIN REAL ESTATE WITH FRANK D. PORTER III AND BEVERLY V. PORTER, HIS WIFE, IN CONNECTION WITH THE "LONGRIDGE" SUBDIVISION, AND THE SOUTH LOOP WATER TRANSMISSION LINE WHEREAS, Frank D. Porter, III and Beverly V. Porter, his wife, (hereinafter referred to as "Porter") desire to develop approximately 34.962 acres of real estate for the purpose of a residential subdivision known as "Longridge;" and WHEREAS, in order to successfully develop this property l þ I I ~ I I -""II1II May 23, 1995 349 Porter requires from the County the conveyance of certain interests in real estate; and WHEREAS, the County requires Porter to convey to it easements for the purpose of the installation of the South Loop Main Water Transmission Line; and WHEREAS, Porter peti tions the County to adopt this ordinance pursuant to the provisions of Section 16.01 and Section 18.04 of the Roanoke County Charter in order to achieve their respective and mutual goals; and that the real estate in question does not conflict with other public uses and will ultimately serve a public purpose, and are hereby declared to be surplus; and, WHEREAS, the County's acquisition of utility easements- and other real estate interests constitutes a fair consideration for the conveyance of other County real estate interests to Porter; and, WHEREAS, the first reading of this ordinance was held on May 9, 1995, and the second reading and public hearing was held on May 23, 1995. BE IT ORDAINED By the Board of Supervisors of Roanoke County, Virginia: 1. That Porter shall convey to the County an easement for the installation of water and sewer utility lines by the recordation of a subdivision plat for the development of the Longridge Subdivision. The recordation of the final subdivision ~ ,... 35J) May 23, 1995 plat and the conveyance of these utility easements to the County shall occur no later than June 30, 1995. 2. That Porter shall complete the rough grading for the road network in the Longridge Subdivision by July 28, 1995. The completion of the rough grading of this site is a prerequisite for the County's installation of the water transmission line. Time is of the essence with respect to this provision of the ordinance. 3. That the Board hereby authorizes the acceptance of the conveyance from Porter of Parcel "E" as shown on a preliminary plat dated 22 February 1995 prepared by Lumsden Associates, P.C. 4. That the Board hereby authorizes the acceptance of the conveyance and release of a private access easement across Parcel "A" as shown on a preliminary subdivision plat dated 22 February 1995 prepared by Lumsden and Associates, P.C. 5. That in consideration for these conveyances and site preparation the Board hereby authorizes the conveyance to Porter of the following parcels of real estate identified as "D," "F," and "G" as shown on a preliminary plat dated 22 February 1995 prepared by Lumsden Associates, P.C. 6. That the Board by separate ordinance shall vacate a portion of Carolyn Circle approximately 600 feet in length and shall vacate all of Copeland Drive, approximately 220 feet in length. l þ I I ~ I I ""II1II May 23, 1995 351 7. That the County Administrator, or his designee, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the exchanges, all of which shall be on form approved by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance authorizinq the donation by lease of office SDace in the Roanoke County Administration Center to the Friends of the Blue Ridqe Parkway. (Elmer C. Hodqe, County Administrator) 0-52395-6 Mr. Hodge advised that the only change was in the square footage of the space being provided to Friends of the Blue Ridge Parkway which has been increased from 200 square feet to 300 square feet. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-6 AUTHORIZING THE DONATION BY LEASE OF OFFICE SPACE IN THE ROANOKE COUNTY ~ ,... 352 May 23, 1995 þ ADMINISTRATION CENTER TO THE FRIENDS OF THE BLUE RIDGE PARKWAY WHEREAS, Sections 15.1-24 and'15.1-25 of the Code of Virginia authorize the governing bodies of counties, cities and towns to make appropriations of public funds, of personal property, or of real estate to any charitable or nonprofit institution or organization, provided such organization is not controlled in whole or in part by any church or sectarian society; and WHEREAS, these sections of the State Code provide authority for the Board of Supervisors to donate valuable office space in the Roanoke County Administration Center (RCAC) to the I Friends of the Blue Ridge Parkway; and, WHEREAS, the Board of Supervisors has determined that certain office space in the RCAC is temporarily surplus and available for other public uses, and that the donation by lease of this office space to this charitable, non-profit organization will serve other public uses; and WHEREAS, pursuant to the provisions of § 18.04 of the Charter of Roanoke County, a first reading of an ordinance authorizing the donation and use of County real estate was held on May 9, 1995. The second reading on this matter'was held on May 23, 1995. BE IT ORDAINED by the Board of supervisors of Roanoke I County, Virginia, as follows: l ~ I I ~ May 23, 1995 353 1. That it is in the County's best interests to enter into a lease agreement for the use of valuable office space located at 5204 Bernard Drive in the Roanoke County Administration Center by the Friends of the Blue Ridge Parkway. This lease agreement shall be terminable at will by the County and the use of this property shall be limited to office uses for the charitable and non-profit purposes of this organization. 2. That the County Administrator is authorized to negotiate and to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the charitable purposes of this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h Ordinance declarinq several parcels of real estate to be surDlus and acceDtinq offers for the sale of same. (Paul M. Mahoney, County Attorney) This item was continued until after the Executive Session. ~ Ordinance authorizinq the financinq of a local Dublic works imDrovement, Bonsack Community sewer ~ ,... 354 May 23, 1995 extension, for Michael Dunn. (Gary Robertson, utility Director) 0-52395-7 There was no discussion and no citizens were present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-7 AUTHORIZING THE FINANCING OF A LOCAL PUBLIC WORKS IMPROVEMENT, BONSACK COMMUNITY SEWER EXTENSION, FOR MICHAEL DUNN WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public sewer system to three residents of the Bonsack community; and WHEREAS, the extension of the public sewer system will alleviate a critical public health and safety problem; and WHEREAS, one of the residents, Michael Dunn, of 4612 Bonsack Road, has requested that the County allow him to pay his portion of the costs of connection to the pUblic sewer system ~ þ I I ""II1II ~ May 23, 1995 355 I over ten years in accordance .with the provisions of Ordinance 112288-7; and WHEREAS, the first reading of the Ordinance was held on May 9, 1995; and the second reading was held on May 23, 1995. BE IT ORDAINED by the Board of supervisors of Roanoke County, Virginia as follows: 1. That the Board authorizes and approves a local public works improvement proj ect namely, public sewer extension for a portion of the Bonsack communi ty . The total cost of this public sewer project is estimated to be Twenty Thousand Dollars ($20,000.00) plus off-site facilities fees of Three Thousand Dollars (3,000.00); however, the County agrees that the total cost of the project including off-site facility fees and credits shall not exceed Twenty Thousand Dollars ($20,000.00). 2. That the Board authorizes and approves the payment by Michael Dunn, of 4612 Bonsack Road, of his portion of the cost of extending the public sewer system in accordance with the fOllowing terms and conditions: Payment of six Thousand Six Hundred and Sixty- Seven Dollars ($6,667) over ten (10) years at an interest rate of nine (9%) percent per annum. I ~ ,... 3i6 May 23. 1995 þ 3. That Emory H. Robinson shall pay one-third of the estimated construction cost of $20,000.00 dollars, one-half upon the execution of an agreement with the County and one-half upon completion of construction. 4. That Edwin M. Cook shall pay one-third of the estimated construction cost of $20,000.00 dollars, one-half upon the execution of an agreement with the County and one-half upon completion of construction. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance amendinq and reenactina sections 12-51 Penalties for Parkinq violations and 12-52 Parkinq on streets and Highways GenerallY to authorize the ~ I I ~ I I ""II1II May 23, 1995 357 enforcement of zoninq violations involvinq the unlawful Darkinq of vehicles by the issuance of Darkinq tickets for such violations (JoseDh Obenshain) 0-52395-8 Mr. Mahoney reported that since the first reading of the ordinance, there have been several meetings and discussionS to address concerns of the Board members. The Police Department will develop a policy to require officers to make reasonable efforts to give warnings to drivers of trucks who park on a pUblic street. Supervisor Eddy presented a memorandum outlining his continuing concerns with the ordinance which he felt were not addressed. Following discussion, Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ORDINANCE 52395-8 AMENDING AND REENACTING SECTIONS 12-51 PENALTIES FOR PARKING VIOLATIONS AND 12-52 PARKING ON STREETS AND HIGHWAYS GENERALLY TO AUTHORIZE THE ENFORCEMENT OF ZONING VIOLATIONS INVOLVING THE UNLAWFUL PARKING OF VEHICLES BY THE ISSUANCE OF PARKING TICKETS FOR SUCH VIOLATIONS ~ ,... 358 May 23, 1995 þ WHEREAS, the County of Roanoke's Zoning Ordinance, Sec. 30-91-2, prohibits the parking of certain trucks or commercial vehicles in AR and all Residential districts and requires the parking of all recreational vehicles, boats and utility trailers behind the front building lot line, unless in a completely enclosed garage or building; and WHEREAS, the enforcement provisions of the Zoning Ordinance, contained in Sec. 30-21 were drafted with a focus upon violations concerning parcels of real estate. This section requires a fifteen (15) day written notice from the zoning administrator and an opportunity for the property owner to correct any violation; and WHEREAS, the Roanoke County Police Department is frequently contacted by residents who observe violations of the Zoning Ordinance involving tractor-trailer trucks or other vehicles and the Department has raised questions regarding compliance with the notice requirements of this ordinance prior to issuance of any tickets or court summons; and WHEREAS, the mobili ty of trucks and other vehicles makes it necessary to provide law enforcement officers with the ability to issue parking tickets for such zoning violations wi thout the necessity of advance written warning by - the Zoning Administrator to the vehicle owner; and l I I ~ I I ""II1II May 23, 1995 359 WHEREAS, the first reading of this ordinance was held on March 14, 1995, and the second reading was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, as follows: 1. That Section for Parking Penalties 12-51. Violations and Section 12-52. Parkinq on streets and hiqhwavs qenerally of Article III. Parkinq of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be amended and re-enacted, as follows: Sec. 12-51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: · . . . ~IÊ%!ffiñi:!:!:::':::!¡¡:!:!:::¡~!:!:!:!:!:!:!:¡:¡:¡:¡:¡:¡&lisÊ8Ê:mÊli:l¡m£E:[:[:::[:[:!i[i[i[i¡i¡i¡iEmB[ìi¡i!i;i¡i¡i¡i¡i¡i¡i¡i¡i¡i¡§¡mm¡ii,REW,il¡m.i¡ìii EmŠEm1~Ê1ì1§ñi.1æi1i¡i1i¡i¡:¥~U1æ§:!¡~1:i¡i¡i¡i¡i¡i¡iMg~~:¡:1i1:1i1gEI1i1i1iBR1!i*¡ffiÊMi1i~1¡i1i¥mn:ffigi:~:¡:i:::¡:¡g!i¡:¡:¡:¡i¡:¡lnit í.íH!±1ffi:§:¡:1:¡:¡~'&E~~M¡:¡:¡:¡:¡æêl:¡:¡Mffigæl¡M:æBP;:¡:¡:¡:¡g~¡:¡:¡:¡:m:~s:l:¡::¡:¡:¡I:!¡:m~2:¡:¡¡:¡:¡t:¡:¡:¡:¡:¡:¡f:¡:¡:¡:¡:¡:¡f,¡:¡:¡:¡:¡:¡ii¡:¡:¡:¡:¡:¡:i¡:¡:¡:¡:¡:¡t:¡:¡:¡:¡:¡:If:¡ i¡f:¡:¡:¡:¡i¡if¡:¡:¡i¡:¡i¡~::::¡:¡:¡:¡:f::::¡:::::¡t¡I¡:¡:f¡:¡:::¡::::~¡:¡:¡:¡:¡:¡:f¡:¡:¡:¡:::¡~¡:::¡:::::::::¡:¡:æm¡:ii:~:g · . . . Sec. 12-52. Parking on streets and highways generally. · . . . :¡~:¡æ¡~:¡:¡:¡:¡:::::::¡:¡:¡:¡:1:¡:¡:¡ííg:1:.:::¡:::¡:RIHg!1¡:¡:¡:¡:¡:¡:::ÊB~ëÊgEm:¡:¡:¡:¡:¡:¡:¡:~ßm¡æÊB~¡ææ~E¡::I:¡:¡:::ã!:¡¡:¡:¡:¡:¡:¡ssB:ffiñÎÊ:j¡sñ ~fi~E~Rm::::::::¡~!~:i:±::::::::¡§~::::::::I~ÈE~m;::I¡:PM~EHj¡gll¡:¡:~¡gñ:¡:¡:¡:¡lñitI¡:¡:ßH!±¡i:§:¡:¡:¡¡~ME;~~ ~ ,... 3M) May 23, 1995 !ffiR::!:::::::!:!:!:oo:iglliê!:ffi!8B!:!::::::::::::::8:~!:!::I:::::!:!§!mg:i:!:!:!:!:!:::!:!:!:!I:B:m~!mm:g::!~:~:~:::!::::::::::::!:!:!:Ê¡:~:!:::::::::::!:!:g~:::!:!:!:::::::::lân$Dii BËg:ÊñÆB8~@ !:{:ª!:~!I:::!:!:!:!:!:!::ng:j:!:!:!æ~ëË~:~:~jffiBñðjæ:::::::::mmfi:l:sæ$:l:::::::::::§gi,III::BE:::::::!:M!:ffi!lli:æl;:j:j:j:j:_ª:æl±f:ii iäê~:ij:j:::::::::§$j:jI:j:jgaE!~~:j:j:::j:j:BBj:::::::::!:i,ÐM::::::::::::IHmæ!ffi:8:::!:!:!:j:!iíB~I:I:::::!:!:!:!:!ffin:::::::I:9Ð¥!:!:!:!:!:l.~Ii1*ëE ß!i:i¥g~nl::ffi:i::i:::::::::~:BBj*ñª::::r¡ª:ffi:§EB:ffi:8ÉtI:ffin:::jl¥ffi:B:ijÆ;jl:ân::::::!:B~!:::!:::§:~s:i::::!:!:!:mg:ii~:Æ:m 1:::~~ì:::I!:!:!:::gl:!:::!:ífi!:::::!::@gñæÐª:::::::!2Ë~:I:Ð:ÆB8~@ ::{E:~!:~ An emergency vehicle or any personal vehicle operated by a law enforcement officer, firefighter, emergency medical services officer or county volunteer f iref ighter or rescue squad member responding to an emergency or a legitimate public safety need shall not be considered in violation of this section. 2. This ordinance shall be effective from the date of its adoption. On motion Of supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Nickens, Minnix Supervisor Eddy ~ Ordinance amendinq and reenactinq Article I, ChaDter 4 Amusements of the Roanoke County Code to conform this ordinance with state Dosting Drovide neqotiate site on requlations for water quality and to authority to the Health Director to recommendations at each swimminq Dool ~ þ I I ~ I I ~ May 23, 1995 361 issues related to Dublic health and safety without exercise of requlatorv or enforcement Dowers. (Dr. Marqaret L. Rutledqe, Director, Alleqhany Health District) 0-52395-9 Dr. Rutledge presented the staff report explaining that the Health Department discovered that the ordinance authorizing the Health Department to provide swimming pool inspections had been rescinded in the 1980's. Following meetings with citizens involved in ownership, operation and servicing of swimming pools there are still differences as to the final language proposed for the ordinance. The Health Department is recommending that the ordinance serve as a guideline only for the upcoming fiscal year' and they will continue to negotiate with the pool owners and operators to bring additional amendments to the Board in the future. Following discussion, Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ORDINANCE 52395-9 AMENDING AND REENACTING SECTIONS 4-4, DEFINITIONS, 4-10, OPERATIONS, 4-11 SECURITY, 4-12 SAFETY AND RESCUE EQUIPMENT: OTHER SAFETY FEATURES, AND 4-13, ENTRY AND INSPECTIONS, ENFORCEMENT, PENALTIES OF ARTICLE I IN GENERAL, OF CHAPTER 4 ~ ,... 362 May 23, 1995 AMUSEMENTS, OF THE ROANOKE COUNTY CODE TO CONFORM THIS ORDINANCE WITH STATE POSTING REGULATIONS FOR WATER QUALITY AND TO PROVIDE AUTHORITY TO THE HEALTH DIRECTOR TO NEGOTIATE RECOMMENDATIONS AT EACH POOL SITE ON ISSUES RELATED TO PUBLIC HEALTH AND SAFETY WITHOUT EXERCISE OF REGULATORY OR ENFORCEMENT POWERS WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia adopted Ordinance 62894-18 to add certain sections to the Roanoke County Code in order to clarify the legal authority of the Roanoke County Health Department to carry out courtesy inspections of public swimming pools to insure their operation is in accordance with Virginia Department of Health regulations governing such pools; and WHEREAS, since the adoption of this ordinance, the Virginia Department of Health has adopted regulations governing the posting of water quality test results which contain requirements which are less stringent that those contained in the county's ordinance, but other state regulations dealing with safety issues have been held in abeyance for the foreseeable future; and WHEREAS, experience gained during the administration of the county's ordinance over one operating season has produced suggestions for improvements of some provisions of this ordinance, and the Health Department wishes to proceed for the 1995-96 season .with the authority to receive applications and issue permits and to negotiate recommendations addressing health ~ þ I I ~ I I ""II1II May 23, 1995 363 and safety concerns at each pool but to refrain from the exercise of any regulatory enforcement powers; and WHEREAS, the first reading of this ordinance was held on May 9, 1995; a second reading was held on May 23, 1995. BE IT ORDAINED by the Board of supervisors of the County of Roanoke, Virginia, as follows: 1. That Article I. In General of Chapter 5, AMUSEMENTS of the Roanoke County Code be amended and reenacted to read and provide as follows: Sec 4-4. Definitions.u For the purposes of this article, the following words and phrases shall have the meaning ascribed to them by this section, unless otherwise indicated to the contrary: . . . . Public swimminq pool: Shall mean any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing and operated by any person, whether as owner, lessee, operator or concess ionaire , ffij8ËjI:inji:8!1Z~g¥î:jj:¡jj!i!£:::Igi:j:j1sgnsjæã!E~ljl:gItj:j:j:i}jS¡:::¡:¡:g!!Ði:!ã:¡:j:¡:iåE ~iHEn::::::::::M~ã regardleD3 of \Jhethcr a fee io charged for aucb uae. The term "public swimming pool" includes, but is not limited to, tourist establishment pools, pools owned or operated by leE!¡wl ~ñãrumR~ÎI§* condominium, private club or association of per36ns, apartment, or any association of persons. The term "public ~ ,... 364 May 23, 1995 þ swimming pool" shall not include single occupant tubs and showers used exclusively for therapeutic purposes. Sec. 4-10. Operation. (a) Each swimming pool owner shall require an operator to be available except when the pool is out of service. (b) Lifeguard(s) shall be required and present at all times during operation based on the following criteria: (1) (2) pools of 2,000 square feet of Wª$.§$ surface area or more and open for use :·:·::;·:·:·:·:·:·ìíl'fnimum of one (1) lifeguard; .7..~..~.~...........~.~.~..~.!:...!.pnal 1 , 000 oquarc feet g:fim::;}íg¡£ßÐ ~M~£ãE~WBft$~ add 1 lifeguard. (g~) ~4~oosh~'TIar;r::i':ït" of ~~~:gu~ I :e\/ê:rY:·:·:·:·¡fs·:·:·:·:·swIíiuners and 1 lifeguard for each 25 swimmers thereafter. ($4-) (1,5) l pools with a Wª~ª$ surface area of less than 2,000 square fêet~m andfef having less than 75 swimmers present shall be required to provide a designated supervisor to oversee swimmer activity provided, however, that a sign is posted as follows: "Warning; No Lifeguard on Duty. Children under the age of 14 should not be allowed to use the pool without an adult in attendance." ~#.$~¡q~i~¡;Sm~~a~e1~~~~ ~{~~~~tf~e~e!'!~!'!I lTf'ÈÙj\iåF<f'·:·:·:·:·t'i all of the following criteria are met: a. children under 14 years of age are not allowed to use the pool unless accompanied by an adult; b. I no one shall be allowed to be in the pool alone; ~ I I .~ May 23, 1995 365 c. a sign be posted exactly as stated in (b) (3) above. ::~::Rg~::::::::::f,ß~gÆ~::t:::::::::::g~ª~gß:±2~:~::::::::ã~:::::::::£ß~ffiÈ:::::::::~:æ:i~:t::i:::i:i:iëB8IE:ffi!ãI:iiiRM m:i::::::::~If,.~È~:::::::::EÐ::::::::mëÈ!::::::::!~:$:t1:::::im::::::::Ð&gHæE~91::::::::E:8::::::::ñ1i¥~ ~::::::::gm~:iÎ'ñ~ii~:ã::::::::±:æ:~&W=H~Ef!::ª::. (c) Operators and lifeguards shall be required to possess a current certification meeting the current standard for a pool operator or lifeguard as recommended by the National Recreation and Park Association, the American Red Cross or other accredited agency recognized by the Health Director.*B:::::::::::g~ ii~nB::::::::::::~;:::::::::::g8g±::::::::::::B.EiE~ggE::i::::::::::±:m~!i~:~:::::i:i:i::g!:::::::::::::mmtt±:8Mi~nE:[:[:[::::::ë~:::::::::::::~i:::::::::::mggÆ::::!:ili:;glImE BHEiBª:::::::iiÞ:;m:::::::g98:±::::::::~:må~gñ::j,::::::::::Eñ1~:::::::g¡ñ~!t:::::~ß~Æ:±::::::::im::::!:Æ!.iE:g&$::::I~:::::::È!:i~:9BIBm~ g~~:æm:::::::!::gŠ::::::::::::gffiæ!::ì:::::::::::::B8B:::::::::::E:E:::::::::::~i§~~g:::::::::::i::::::::::::fl~£mi:::::::::::E[§;::::::[:::ãBE1~:iB:::::::::::ë~::::::::::::~mE:±:ë¥i:::ili¡¡I-, SmÐE:~:I:æ;~91:::::::::ëgS.Ð~£:8Ð:t:::::::::::mgg*~:H:~g::::::::iiÞ:;m::::!:::g8g$::::::iliñ1~ß::::IÉ;~mn:::::::[::iB~E:~8B~91::::::::Jª¥::I:;ing fi~I]::II::::~2g~:~M~ß::::::::::::::i::::::::::::::Ê§,Eæ;æÊ::i:::::::::::šÈEm:::::::::::::iiß!::::::::::::::H~~:±:g!g:::m:B:iE2Bæ:EE::::i::::::::lffiãf);ffiB:::::::::¡:::Eñ1~ :~.~91æ~iim:æM::::¡Ëimgmã:æñÎ':¡¡¡::::$ëHE:::::::ægñg~::::::::~ñ91:::::::g~g::::::~lñm:¡¡¡¡::gÆñ§,E¡:¡¡¡¡:ñgí:i¡1:¡i~~m~.ã ¡~§,£;œ¡;¡;::~~:EišÉ§i:::::::::lffiiiñæñ:::::::::$:§ñ::::::I::~::~:B:~::::::::::::ß~M§:I:::::gl::::::l~!I§::::::::::Ë~~:æg§~E:ffi:9B::::¡Bil~:::;j¡:;il;§ Rêi*::::::::81~Ë:IMBÊj:: Cd) A bound log shall be maintained by the swimming pool operator on the premises which shall contain the time and dates of the chemical test performed, results of those tests and initials of the persons who performed the necessary testing. The . log shall be retained for a period of twelve (12) months. 1. The log shall include the following at the specified intervals: ~ ,... 3-66 May 23, 1995 a. all chemicals quantity and needed; added, including time added as b. personnel and changes personnel - as necessary; in c. injuries - as necessary; d. maintenance backwashing . necessary; operations including and vacuuming as e. Îiiiiíii¡a~~r~~v~;f ~o~~:~y BÎf:ñB¥s ~~r~~l~~feh~u~~~ry ~w~n~MmiB9Ëlt&~OO f. g. h. stabilizer - weekly; alkalinity and calcium hardness - weekly. (e) Swimmer load shall not exceed a density of one (1) person per twenty-seven (27) square feet of pool surface area. (f) Animals, fowl and/or pets shall not be permitted within the pool area. This section shall not apply to working dogs, such as seeing eye dogs. Sec. 4-11. security. . . . . læil1:::¡:::::šnß:::::I~~2;~:gIi:ægn:;::¡¡¡::e¥::::::::Egë:$m:IIgR¡:I::~ª:m:::::::::RE~;mlm~~j:j::::::g:~:::::::::B;9il:iê 11¡ª:::::::::mg!:mW~' all entrances and exits to the pool area shall be secured against entry whenever a pool is not in operation. The fence or other security provisions shall be maintained and in good conditions. geg*Ê;:lßn::::::::IiI::::::::Ei~itæ~:~:~::::::::8:1::::::::!1ë£:m:±:~::::::::ãñi:::::::mg!!W:~:::::::miM ~ þ I I ~ I I ""II1II May 23, 1995 367 ß~;iã~:ffi:~fi:::::::::gt%æE:::::::::8}fn::::::::ËEBgre~\mrei§E:I:!:8E:::!:::::ª:mSHEæñ9.t:::::::RBSilliw:::::::::3:g§i¥nå£::i:i:i:iâiiSi Si~ñ::::::::::1Jg!:::::::::::!n::::::::::Rmæ3£:ffi:Bn:i::::::::::::!1}it~::::::Iæ~~~:BÐ:~II:t%:I:::::ª£!Eª::i::::::::ªì1~æ:±::::i::::::Ëm::::::::::Ël!âñ¡¡I~¥s i1Ë5R~ñ;:::::::!ñ~H~ßgE:æ:æ51i:::::::mñ!.::!:~:f¿M::~::::mæln:8E~::j::iji~ñH:iji~:~ñgR:mgâ$ªËm::t:i Sec 4-12. safety and Rescue Equipment; other safety Features (a) Every ÊMlææe swimming pool shall be equipped with the following aids to safety and rescue which shall be readily accessible at all times: (4) A readily accessible room or area designated and equipped for emergency care of casualties. Æ~q ~Rëni:i:::::EB8m::i:i:::iæ:w::i:i:i:E$âª:æÆ}f::::::::ã¥§:¥:±:~!1æ~:Ii:i:iiÐ::Ii:ig~g~t%:i:iIgË9æLf:l\1ï Ëg::::::::Ëfî$:i:i:i:i:RBsilli:ii:i:i:iI~ß5I::::FªB:±i:i:i:i:i:BñÐ5m:i:i:i:i:æÆ¥:i:i:::::~$ªiægR3Ëm¡i:i:i~:i!::::i:i~f.m HffiËfî!n¡I¡¡¡ÆË§:i:i¡¡¡:iHñmi~1îæí¡¡¡¡¡¡¡¡gm¡¡¡¡¡¡¡¡¡!gÐË£sill¡¡¡:i:i:iå*i:i:iii:!!ffili¡:¡¡¡i:EERaBfI Minimum equipment shall be the first aid kit previously required, a full length bac]cboard and 2 blankets. (6) On all swimming pools, the depth of the water shall be marked plainly at or above the water surface on the vertical wall of the swimming pool and on the edge of the deck next to the swimming pool. Numbers and letters shall be !nmiñÆm~i~!ill~ 5 inches in size and of a good contrast with the pool wall and deck. Depth markers shall be placed at the following locations: ~ ,... 368 May 23, 1995 þ a. at the points of maximum and minimum depths; b. at the point of change between deep and shallow portions (£Ëgm:æ~æ8n transient point) ; c. at intermediate one foot increments ~8Îilll!¡!E ã~e¥:8~:::::::::::Hg:::::I:\;g::::I:::~:::::::::::Ii~&g:\I~:::æi~:~::::::ë~E¥'fi:\:::::::::ðnã:\:::I:$!\:\::::::~.ìèã 1:8g;::::::::::iñ8E!mmi;§:::::::::~gÊ::::::::II;ßËI:::::9:iR;fi:§:::::::::m§E£më:~D;í::::::::i: 1:!i¥::::::::::ì:a::::::::ã!e¥:8 0 f \It¡ ter depth; and d. if the pool is designed for diving, at appropriate points as to denote the water depths in the diving area. I Sec. 4-13. Entry and Inspections; Enforcement; Penalties. (a) In accordance with the provisions of § 32.1-25 of the Code of Virginia, 1950, as amended, the Health Director or his designee shall have the right to enter any property to conduct inspections and to ensure compliance with this ordinance. All pUblic swimming pools in the county may commence operations each year only after being inspected by the Health Director or his designee and receiving a permit from the Director and after complying with all licensing requirements of the Commissioner of the Revenue. The Health Director is authorized to require each owner to complete and submit an annual application, all in such form as the Director shall approve. Each application 3hall be accompanied by a fee iH the amouHt of 08" IIt"'drCd Dollar" I l ~ I I .~ May 23, 1995 369 ($100.00) to partially reimbursc the county for the cost of this inapection. (b) When the Health Director finds that any condition exists that endangers the life, health or safety of the users of any public swimming pool, he may order the facility closed until the condition is correct~d. HnßâEEIªE~i~~M§iliBÆE5E¡8EE!ænªiM~Æi ~ñ¥:::::::~t£gŸæ:§:i:Bæt§:::::::ª!:::::::::~li::§::::::::9~:jRE%Ë::::::::~Ëª:::::::B81Þ:::::::m%1Þ::i::¡::I:nª::I::§lj;læ:::::::g:ffi¥$:::::::íiÆ~£~i nBHÆÊ~¡:¡:i:::iDB:~~:::iEfiª:~::Ifi.~iI:¡:ª!::::~¡:::!ñª::jj::jj:i~~ªÆ:Æ:iª:::::1~$8M;iªñ:§::j:j:::BIi:::I¡.i:§:::¡::¡:ª8ª~¡:E!.;šl ~1~1¡:::::ãª:iB~::I:Mæ;m~Eãª::::¡:ªïš:::::¡:~!::ÆgÊª::::::::m$:::::::gWñ:ªË::::¡:~ñ::::::::BRËg£MMßi:£:¥::::::iti;:I::M~§ïgñã $W;¡:::::::§ãpl:¡:::::ñR~:æB$::~::::I:::::::::::::E!l%æB¡;ß::::¡:::;Æ:::::::::ðñ¥:::::::::8æ~E:::::::::£B:¡::::::Bßm8B~:ill::::~R::::::::::~ã~:::¡¡::Iß,;±~1 p.i~ië~gÊi~i:§~;~:i::¡:ñ¡;!l%B~:II¡i£i;!iI!M:::i:i:::::Æñl~:i:::íEÆM:!iñg:::::¡::~gM:::::l¡Æn¡t~¡Rã®iB!!l!:Æ!~i!f!iÎ;IWiltili1iè.l1 ª1±l~ñH~Et::lH~Mi::1.;I:::::§!ª,$l~lI§$:::::::ÊBñ:§:il%Ë£ã:¡:::::jâ:¡¡:¡:~ªÑffi§;ª:¥§iI¡j:gi]¡ll~R~I:::Æ~¡Il~IJ[lI'i §1;i;!Ei~ñgl:::Ig~¡I:M!~:::Iw¥glj£æ8n*II§:ªD::::¡:i:8g1::::Iffi;ü;::¡::Mñ~:~~~ñgEÆg~::~:lg~::::::::Ÿ:Î;ë:*;i!æRß:~- YßRñ:::::¡:.ß:~[gëëH.gglí9!¡i:i:ij:lñ¥:::I¡¥:!i;mßEiij8nj:jijij:g~i:¡i:i:Ëº:æiffflãig£%I:ii¡¡::¡¡:ífiÆ.:*19ŠW ~.I~:EfiIŠ$!ªñ:::::::¡lfiª:::::::::m:i!ß:~I:~i§~~:m.::¡::lRËI:::~;$:~ªM*:¡:¡::ªi~::::::P:nM:~:::::ì§g:::::¡:gË::::::::~timl~ilfm;~J. .~;:¡¡::::::::::J!!ii;iEI:::::::::::::::;gi*B~g!g~:I¡:::::::::::~ªi:m:æ::::~¡::::::::Ii:¥$:::::::::¡::¡::lb:ª::¡:::::::::::::¡êãÊílgË~¥.:::¡::¡:¡:¡:¡iË§¡::::::¡::Eª:ªM~ÆBB Ëß~!mñ.±:ª:::¡::I¡rm;ªI§::::::::¡¡::~lëË:¡¡¡::¡:::¡:¡~fi~;¡:¡:¡:¡¡:¡:¡¡ÊEÈËi9!ffigñ:::::::::::::::g~:¡:¡:¡:¡:Ilm¥¡:¡¡:¡ìì¡í\:iª¡±:älffiäñimI&~i Elq§~$ËW;ffignI~~¥ËII~~Iß9BmIW8iqšËæ Continued failure to comply wi th these regulations shall be cause for revocation of any permit or business license issued, as required in subsection (a). Any person aggrieved by the refusal of the Health Director to grant, or by the revocation or suspension of, a permit or· license shall have the right to appeal therefrom to the Circuit Court of the County of Roanoke, Virginia ñÆMßffiñwE~ffiËMMllmlll§ð.M§lëÆliišñ 1!.%IMiê:~li~:j¡j¡E¡¥Rë§ti¡Îi§ñlqii¡Ii¡!HjR~i§jæBi . ~ ,... 340 May 23, 1995 þ (0) Any mmer, agent or operator in charge of or control of any public G',lÌmming pool ¡¡hich ia in ·violation of the provisions of Cections 4 4 through 4 12 shall be guilty of a ,Cla:Js 4 misdemeanor. Any mmer, agent or operator ¡..ho GRall operate a public a~imming pool \/ithout a license or permit Ghall be guilty of a Cla3s 1 miademeanor. Each day of oper~tion of :Juah pool ~ithout a valid license or permit Ghall constitute a separate offense. 2. passage. This ordinance shall be effective from the date of its l I I ~ I I ""II1II --"'--1. May 23, 1995 371 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: APPOINTMENTS h Clean Valley Council Supervisor Nickens nominated Vince Reynolds to serve another two year term which will expire June 30, 1997. h Fifth-Planninq District commission Supervisor Eddy nominated Lee Osborne to serve a three year term. This term will expire June 30, 1998. ~ Hiqhwav and TransDortation Safety commission Chief Cease was asked to recommend an appointee for the police representative. Supervisor Nickens suggested that James Martin be appointed as Senior citizen representative. Supervisor· Eddy suggested contacting appropriate organizations for further recommendations. ~ Parks & Recreation Advisory commission Supervisor Nickens nominated Bobby G. Semones to serve another three year term which will expire June 30, 1998. ~ Roanoke Valley Reqional Cable TV Committee Supervisor Nickens nominated James B. Dickey, member at large, to serve another three year term which will expire June 11,1998. ~ ,... 372 May 23, 1995 ~ Virqinia Western Community COlleqe Board Supervisor Nickens advised that Dr. Charles Downs, President, VWCC, had been contacted and Dr. Downs will submit a recommendation for appointment. IN RE: CONSENT AGENDA R-52395-10, R-52395-10.b Supervisor Johnson moved to adopt the Consent Resolution after discussion of Item 5 and removal of Item 2. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None Supervisor Johnson moved to approve Item 2 wi th the confirmation of appointment to the Virginia Western Community College Board removed for a separate vote. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Johnson moved to approve the appointment of Geoffrey ottaway to the Virginia Western Community College Board. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Minnix NAYS: Supervisor Eddy l þ I I ~ I I ~ May 23, 1995 373 RESOLUTION 52395-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 23, 1995, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes for April 25, 1995. 2. , Confirmation of committee appointments to the Board of Zoning Appeals, Clean Valley Council, Fifth Planning District Commission, Highway and Transportation Safety Commission, Parks and Recreation Advisory Commission, and Virginia WC3tern Community Collegc Board. a. b. Confirmation of committee appointment to the Virginia Western Community College Board. 3. Resolution of Congratulations to Total Action Against Poverty upon their 30th Anniversary. 4. Acceptance of sanitary sewer facilities serving the Orchards - Botetourt South, section 3. 5. Donation of drainage easements on Lots 6 through 10, Block 1, Section 1, The Gardens of Cotton Hill. 6. Authorization to move forward with "No Charge" Motorola Engineering study to upgrade 800MHZ radio system. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said ~ ,... 34A May 23. 1995 þ l items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution with the removal of Item 2, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None On motion of Supervisor Johnson to approve Item 2 with confirmation for Virginia Western Community College Board removed for separate vote, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 52395-10.b OF CONGRATULATIONS TO TOTAL ACTION AGAINST POVERTY FOR THEIR 30 YEARS OF SERVICE TO THE ROANOKE VALLEY WHEREAS, in 1964, Congress passed the Economic Opportunity Act and authorized locally organized and controlled Community Action Agencies to operate local and federal poverty programs; and WHEREAS, on April 29, 1965, TOTAL ACTION AGAINST POVERTY (TAP) was chartered as the official poverty agency for Roanoke, Salem, Roanoke County, Botetourt and Bedford Counties; and WHEREAS, during its 30 year history, TAP has served as a role model throughout the united States as one of the most I I ~ I I ""II1II May 23, 1995 375 successful programs designed to help individuals and famil~es get off the cycle of poverty and welfare and to become productive self-supporting citizens; and WHEREAS, since its inception, over 17,000 children have attended Headstart Programs; 4,120 youth and 2,950 adults have received their GED, 45,116 households have been served by the Virginia Water Project, 5,500 homes have been weatherized, and countless others have been served by programs such as the Transitional Living Center, the Southwest VA Second Harvest Food Bank, Project Discovery and VA Cares; and WHEREAS, Roanoke County is proud to have contributed both financially and through donations to this outstanding program during the past 30 years. NOW, THEREFORE BE IT RESOLVED, that the Board Supervisors of Roanoke County, Virginia, offers congratulations to Total Action Against Poverty upon celebration of their 30th anniversary, and FURTHER, the Board wishes continued success to TAP in their efforts to assist the disadvantaged citizens of the Roanoke Valley in reaching a high quality of life. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None of its the ~ J"'" 31b May 23, 1995 ~ IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) He received a memorandum on the forestry land use program and asked whether or not there would be changes. Mr. Mahoney responded that additional staff would be required to handle this program. Supervisor Kohinke felt that objective standards should be used and advised that he would be in favor of a work session to discuss the subj ect further. John Birckhead described how the forestry land use program works. Supervisor Eddy: (1) He remarked that the Towers- Perrin study suggested that meetings be held among the regional governments and asked if a date had been set for the next joint meeting with Roanoke City Council. Mr. Hodge responded that I three dates have been suggested in June and we are waiting for a response from Roanoke City Council. (2) He received information from Mr. Mahoney regarding the early retirement provisions for the County Administrator and School Superintendent and asked if action is required. Supervisor Johnson responded that if the County takes no action, the law remains the same. Supervisor Nickens responded that he would prefer that the County take specific action. Mr. Hodge and Chairman Minnix will review the provision and bring it back to Board in June. (3) He has viewed the GSTN videos on RVTV and thought they were interesting. (4) He suggested that the Board become involved in the Urban Summit being held in June. (5) He attended a seminar on the gypsy moth I l ~ I I ""II1II May 23, 1995 377 and was advised that the gypsy moth should be in the Roanoke Valley in two to three years. Supervisor Eddy felt that the County should begin thinking about a program to combat the problem. Supervisor Nickens: (1) He received a memorandum from Mr. Hodge and Finance Director Diane Hyatt regarding financial reporting to the Board and he recommended quarterly reports. (2) He received a memorandum from Mr. Mahoney regarding the use of the E911 tax for the upgrade of the 800 MHZ system and suggested adding this to the County's legislative agenda. (3) He has been informed that the cost for street signs can be paid from the E911 tax and suggested that money be transferred from that account to Parks & Recreation Department where the signs are currently being made. ( 4 ) He expressed concern about a memorandum from Mr. Hodge regarding the construction of the concession stand and restrooms by private funds at Starkey Park and asked whether the funds would be reimbursed if Starkey Park is used for the new high school. Following discussion, Supervisor Nickens asked that the future use of Starkey Park be placed on the June 13, 1995 agenda. (5) He received a communication from John Chambliss regarding the ad hoc committee study of f ire and rescue. He asked for a report on the number of written or verbal complaints that the County has received concerning the fire and rescue service. ~ ,... 378 May 23, 1995 þ IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. h General Fund unaÞproÞriated Balance h capital Fund UnapproDriated Balance h Board continqencv Fund ~ Accounts Paid - AÞril 1995 h Statement of the Treasurer's Accountability Þer Investment and portfolio Policy, as of AÞril 30, 1995. ' h Bond proiect status ReÞort Additions to the Secondary system of State Highwavs Made Effective in AÞril, 1995 Statement of RevenueR and Exoenditures as of AÞril 30, 1995. I L.. h IN RE: BUDGET WORK SESSION The following subjects were discussed at the work session: (1) Mr. Hodge's and Mr. Mahoney's evaluations were scheduled for June 13, 1995. (2) The request for additional funding from the Roanoke Vall,ey Convention and Visitors Bureau will be included in next year's budget. (3) There was no consensus on $10,000 funding for membership in the Urban Partnership. Mr. Hodge will provide more information to the I l ~ I I ""II1II May 23, 1995 119 Board. (4) There was consensus not to respond to the recent article concerning fire and rescue volunteers in the Roanoke Times & World-News. (5) Mr. Hodge, Fire and Rescue Chief Fuqua, and Mr. Chambliss will look at programs that will recognize volunteer contributions. (6) Mr. Hodge will provide to the Board quarterly reports on revenues. (7) Mr. Harrington will let the Planning Commission know that the Beautification Program has been funded. IN RE: EXECUTIVE SESSION At 6:25 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia section 2.1- 344 A (3) disposition of surplus real estate, well lots. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: CERTIFICATION OF EXECUTIVE SESSION R-52395-11 At 7: 03 p.m., Supervisor Nickens moved to return to open session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ~ ,... 3&0 May 23, 1995 ABSENT: Supervisor Johnson RESOLUTION 52395-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke county, Virginia. On motion of Supervisor Nickens to adopt the certification Resolution, and carried by the following recorded vote: l þ I I ~ I I ""II1II May 23, 1995 381 AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: SECOND READING OF ORDINANCE (CONTINUED FROM AFTERNOON SESSION) h Ordinance declarinq several Þarcels of real estate to be surÞlus and acceÞtinq offers for the sale of same. (Paul M. Maho~ev, County Attornev) 0-52395-12 There was no discussion and no citizens were present to speak on this ordinance. Supervisor Eddy moved to adopt the ordinance to accept only the bid of $30,000 from Thomas Newcomb for Hunting Hills Real Estate Tax Map Parcel No. 88-13-3-28 and reject all other bids. The motion carried by the following recorded vote: AYES: Supervisors KOhinke, Eddy, Nickens, Minnix NAYS: None PRESENT: Supervisor Johnson ORDINANCE 52395-12 DECLARING SEVERAL PARCELS OF REAL ESTATE TO BE SURPLUS AND ACCEPTING OFFERS FOR THE SALE OF SAME BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ ,... 382 May 23, 1995 þ 1. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the subject properties, having been made available for other public uses before permitting disposition by sale, are hereby declared to be surplus. 2. That an advertisement for bids for the sale of surplus real estate was advertised in the Roanoke Times & World News on April 9, 1995. 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on May 9, 1995; and a second reading was held on May 23, 1995, concerning the disposition of the fOllowing parcels of real estate identified as follows: I Algoma Park Tax Map Parcel No. 87.06-2-22 Ardmore Tax Map Parcel No. 28.09-2-40 Hunting Hills Tax Map Parcel No. 88.13-3-28 Penn Forest Tax Map Parcel No. 87.06-6-1 4. That offers for said properties having been received, the offers of I»~~~:::~!!i!ggm.~?!, to purchase these pr opert i as fi.QP.:~:WR~~:~:~:~:ïii.:~!:!~:~:::::gE~g~E~M::i::::::::::m~§~~::~::I~g::::~~:Jt:ªJ.:~~w.::::::::n?::I:~:::::::§':I:::i.:::i:~:::!:¥:i.:~ for the sum of aii.g~X::::::::::~:~:::~:~:~UgMªMP~::::::::::::::::::!:¡;gl::I:~E~:¡:¡:::::::::::!:¡~j: is hereby accepted / r ejected ,~ºg:~::~::~:I~w.:::~:::~giQ.~~::::::::9:~I~K~~:::~:::;i:~:~:~:~:filª:~~g£~~::~: 5. That the purchase price for the property shall be paid upon delivery of a deed therefor and all proceeds from the sale of this real estate are to be paid into the capital improvements fund. I l ""II1II ~ May 23, 1995 3B3 6. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale of said property, all of which shall be on form approved by the County Attorney. I 7. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance to accept only the bid of $30,000 from Thomas Newcomb for Hunting Hills Real Estate Tax Map Parcel #88.13-3-28, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None PRESENT: Supervisor Johnson IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Resolution of Conqratulations to Oak Grove Elementarv School Parent-Teacher Association for receivinq the State Award from the National PTA. R-52395-13 Chairman Minnix presented the resolution to Debbie Landgraf, President, Oak Grove Elementary School PTA, and the other PTA officers. Principal Margaret Moles was also present. I Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: ~ ,..... 384 May 23, 1995 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 52395-13 OF CONGRATULATIONS TO OAK GROVE ELEMENTARY SCHOOL PARENT-TEACHER ASSOCIATION FOR RECEIVING THE'- STATE AWARD FROM THE NATIONAL PTA WHEREAS, Parent-Teacher Associations are an important and necessary partner in the education of the children of Roanoke County; and WHEREAS, the Parent-Teacher Association at Oak Grove Elementary School was recently named the top Parent-Teacher Association in Virginia by the National PTA; and WHEREAS, the Oak Grove Elementary School PTA received the Advocates for Children Award, an honor created by the National PTA to recognize one unit per state each year; and WHEREAS, the Oak Grove Elementary School PTA was recognized for its campaign to reduce violence in video games and computer software; and WHEREAS, the Oak Grove Elementary School PTA continues to be an outstanding example of teamwork and cooperation among parents, teachers, administration and the community. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its .- sincere congratulations to the OAK GROVE ELEMENTARY SCHOOL PARENT-TEACHER ASSOCIATION for its recognition as the number one Parent-Teacher Association in Virginia; and l þ I I ~ I I '""'II1II May 23, 1995 385 BE IT FURTHER RESOLVED that the Board expresses its appreciation to the dedicated parents and teachers involved in the Oak Grove Elementary School PTA. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h ordinance vacatinq a Dortion of 50 foot riqht-of- way and temÞorary cul-de-sac known as Carolyn Circle, 50 foot riqht-of-wav known as CoÞeland Drive in its entirety and all Þublic easements located within Block 2, Lots 29 and 30, Block 3, Lots 1 throuqh 4 and Block 1, Lots 26 throuqh 28 shown on the subdivision of Suqarloaf Hiqhlands, Section 1 located in the Windsor Hills Maqisterial District. (Arnold Covey, Director of Enqineerinq & InsÞections) 0-52395-14 Mr. Covey reported that petitioners Frank D. Porter III and Beverly Porter are requesting the Board of Supervisors to vacate the referenced right-of-ways and easements in order that they may remove these encumbrances on the property and develop ~ ,... 186 May 23, 1995 þ ~ their proposed subdivision. There was no discussion and no citizens were present to speak on this ordinance. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-14 VACATING A PORTION OF THE RIGHT-OF-WAY KNOWN AS CAROLYN CIRCLE, THE RIGHT-OF-WAY KNOWN AS COPELAND DRIVE, AND ALL PUBLIC EASEMENTS LOCATED IN BLOCK 2, LOTS 29 AND 30, BLOCK 3, LOTS 1 THROUGH 4, AND BLOCK 1, LOTS 26 THROUGH 28 (PLAT BOOK 7, PAGE 43), SUGARLOAF HIGHLANDS, SECTION 1, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Frank D. Porter III and Beverly Porter have requested the Board of Supervisors of Roanoke County, Virginia to vacate a portion of the right-of-way and temporary cul-de-sac known as Carolyn circle, the right-of-way known as Copeland Drive and all public easements located within Block 2, Lots 29 and 30, Block 3, Lots 1 through 4, and Block 1, Lots 26 through 28 in the Sugar loaf Highlands, Section 1 Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 7, at page 43 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the ~doption of an ordinance by the governing body; and, I I ~ I I ""II1II May 23, 1995 387 WHEREAS, notice has been given as required by section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on May 9, 1995; and the public hearing and second reading of this ordinance was held on May 23, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That portion of the right-of-way and temporary cul- de-sac known as Carolyn Circle, the right-of-way known as Copel- and Drive and all public easements located within Block 2, Lots 29 and 30, Block 3, Lots 1 through 4, and Block 1, Lots 26 through 28 in the Sugarloaf Highlands, Section 1 Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 7, at page 43 of record in the Clerk's Office of the Roanoke County Circuit Court, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Frank D. Porter III and Beverly Porter shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. ~ ,... lSS May 23, 1995 þ 4. That as a condition to the adoption of this ordinance, Frank D. Porter, III and Beverly Porter shall record a final subdivision plat of Longridge Subdivision in the Clerk's Office of the Roanoke County Circuit Court. This subdivision plat and recordation shall be subject to review and approval by the Roanoke County Subdivision Agent. 5. That pursuant to § 15.1-485 of the 1950 Code of Virginia, as amended, the Circuit Court Clerk shall write in plain legible letters acrOss the part of the plat vacated, the word "vacated" and also make a reference on the same to the volume and page in which the instrument of vacation is recorded. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I h Ordinance to rezone aÞÞroximatelv 2.62 acres from C-2 Conditional to AV in order' to oÞerate a contractors' storaqe Yard, located at 7210 Franklin Road, Cave SÞrinq Maqisterial District, uÞon the Þetition of Kenneth McNeil. (Terry Harrinqton, Director of Planning & Zoninq) 0-52395-15 Mr. Harrington reported that the petitioner is requesting the Special Use Permit to operate a contractor's I l ~ I I ""II1II May 23, 1995 389 storage yard. The Planning commission expressed concern about having a commercial establishmept in a Rural Preserve area but recommended approval with the condition that a 6-foot minimum height stockade fence be constructed. Mr. Harrington further advised that he suggested additional language for the condition regarding the wooden stockade fence which would clarify the condition. Ed Natt, attorney for the petitioner, was present and indicated that he was in agreement with the new language in the condition. Supervisor Johnson expressed concern about a commercial establishment in a rural area and advised that he would not support the request. Supervisor Minnix moved to adopt'the ordinance with the condition clarified according to Mr. Harrington's memorandum. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson ORDINANCE 52395-15 TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN TRACTS OF REAL ESTATE CONTAINING 2.62 ACRES LOCATED AT 7210 FRANKLIN ROAD (TAX MAP NOS. 114.00-1-12; 114.00-1-11) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- 2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF AV, AND GRANTING A SPECIAL USE PERMIT IN ORDER TO OPERATE A CONTRACTOR'S STORAGE YARD, UPON THE APPLICATION OF KENNETH MCNEIL. ~ ,... 390 May 23, 1995 WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.62 acres, as described herein, and located at 7210 Franklin Road (Tax Map Numbers 114.00-1-12 and 114.00-1-11) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, tó the zoning classification of AV, Village Center District. 2. That this action is taken upon the application of Kenneth McNeil. 3. That the Board finds that the granting of a special use permit to allow the operation of a contractor's storage yard located at 7210 Franklin Road in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. l þ I I ~ I I ~ May 23, 1995 391 4. That the Board hereby grants a Special Use Permit to Kenneth McNeil to allow the operation of a contractor's storage yard located at 7210 Franklin Road in the Cave Spring Magisterial District. 5. That the owner has voluntarily proffered the following condition: (1) A wooden stockade-type fence shall be constructed on the site as generally shown on the screening plan submitted by Kenneth McNeil. This screening shall be modified in the following ways: (a) The wooden stockade fence, of a minimum height of six feet, shall be installed. The fence shall be in a location, and shall be of a height sufficient, to screen all outside storage associated with the contractor's storage yard. After installation of the fence, no contractor's equipment or supplies shall be visible from Wilson Road or Franklin Road. Stockade type gates shall not be required so long as equipment and supplies are not visible from these roads. (b) The supporting structure of the fence shall be installed on the interior side of the fence. (c) The fence shall be perpetually maintained by the property owner to insure that the effectiveness of the screening is preserved. 6. That said real estate is more fully described as ,- follows: Parcel I BEGINNING at a point on the southeasterly side of U. S. Route 220 (Franklin Road, S.W.), said point being corner to the property of Garland H. Overfelt (Deed Book 1024, page, 68); thence with said Route 220, N. 380 25' E. 157.88 feet to an old iron pin, corner to property of Claude Eggleston, et us (Deed Book 1085, page 445); thence leaving said Route 220, and with the ...4 ,... 392 May 23, 1995 line of Eggleston, S. 60° 56' 50" E. 340.64 feet to a point on the line of property of David W. Milam (Deed Book 1242, page 918); thence with the same, S. 29° 24' W. 264.05 feet to an old iron pin at fence corner, on the line of property of Robert M. Overfelt (Deed Book 1301, page 455); thence with the same, and with property of the aforesaid Garland H. Overfelt, N. 44° 24' 50" W. 380.46 feet to the PLACE OF BEGINNING, and containing 1.72 acres, as shown on survey for Kenneth W. McNeil, dated March 7, 1990, prepared by Jack G. Bess, Certified Land Surveyor, a copy of which is attached hereto and made a part hereof; and further known as Official Tax No. 114.00-1-12; and BEING the same property conveyed unto the grantors herein by deed dated July 14, 1977, from Myrtle T. Arrington, widow, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1070, page 167. Parcel II BEGINNING at a point located at the southwest intersection of U. S. Route 220 (Franklin Road) and virginia Secondary Route 900 (Wilson Road); thence with said Route 900 S. 24° 16' 05" E. 354.61 feet to a point on line of property of David W. Milam (Deed Book 1242, page 918); thence with the same, S. 29° 24' W. passing an old iron pin on line at 1.88 feet a total distance of 7.45 feet to a point, being corner to the property of Claude Eggleston, et ux (Deed Book 1070, page 167); thence with the same, N. 60° 56' 50" W. 340.64 feet to an old iron pin located on the southeasterly side of Route 220; thence with the same, N. 38° 15' E. 94.65 feet to a concrete monument; thence N. 47° 10' E. 132.4 feet to the PLACE OF BEGINNING, and containing 0.90 acres as shown on survey for Kenneth W. McNeil, dated March 7, 1990, prepared by Jack G. Bess, certif ied Land Surveyor; and further known as Official Tax No. 114.00-1-11; and BEING the same property conveyed unto the grantors herein by deed dated July 7, 1977, from Charles David Rother, et ux, et aI, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1085, page 445. 7. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances l þ I I ~ I I ~ May 23, 1995 393 or parts of ordinances in conflict with the provisions of this ·ì ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with the condition as clarified in Mr. Harrington's memorandum, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson h Ordinance authorizinq a SÞecial Use Permit to eXÞand Glenvar Hiqh School, located at 4549 Malus Drive, Catawba Maqisterial District, uÞon the Þetition of School Board of Roanoke County. (Terrv Harrinqton, Director of Planninq & Zoninq) 0-52395-16 Mr. Harrington advised that the Special Use Permit would allow a 41,000 square foot addition to Glenvar High School for classrooms and office space. The Planning Commission recommended approval of the request. Supervisor Kohinke moved to adopt the ordinance. . The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ ,... 39.4 May 23, 1995 ORDINANCE 52395-16 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANOKE COUNTY TO EXPAND GLENVAR HIGH SCHOOL AT 4549 MALUS DRIVE (TAX PARCELS 54.02-4-1, 2, 3), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke county has filed a petition to allow the expansion of Glenvar High School at 4549 Malus Drive in the Catawba Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on May 2, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 25, 1995; the second reading and public hearing on this matter was held on May 23, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of Glenvar High School located at 4549 Malus Drive in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the School Board of Roanoke County to allow the expansion of Glenvar High School located at 4549 Malus Drive in the Catawba Magisterial District. l þ I I ~ I I ""II1II May 23, 1995 395 On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to rezone aÞÞroximatelv 1.9 acres from C-l to 1-2 to construct an office/sales/liqht manufacturinq facility, located ad;acent to 3326 West Main street, Catawba Maqisterial District, uÞon the Detition of Jerrv Mullins. (Terrv Harrinqton, Director of Planninq & Zoninq) 0-52395-17 Mr Harrington reported that the Planning Commission recommended approval with two proffered conditions. There was np discussion and no citizens present to speak. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-17 TO CHANGE THE ZONING CLASSIFICATION OF A 1.9 ACRE TRACT OF REAL ESTATE LOCATED AT 3326 WEST MAIN STREET (TAX MAP NO. 55.03-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C- 1 TO THE ZONING CLASSIFICATION OF 1-2, UPON THE APPLICATION OF JERRY MULLINS. C ~ ~ -L, I Öna., /"OnQ ~ ,... 396 May 23, 1995 þ WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 1995; 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 1.9 acres, as described herein, and located at 3326 West Main street (Tax Map Number 55.03-1-2) in the Catawba· Magisterial District, is hereby changed from the zoning classification of C-1, Office District to the zoning classification of I-2, Industrial District, Conditional. 2. That this action is taken upon the application of Jerry Mullins. 3. That the owners vOluntarily proffered in writing the following conditions: (1) No work-in-progress material, scrap, or storage of product will be visible from U. s. 460. (2) The property will not be used for major automobile repair services, meatpacking, and l I I ~ I I ""II1II May' 23, 1995 397 related industries, recycling centers and stations, scrap and salvage services. 4. That said real estate is more fully described as follows: BEGINNING at an old pin situate on the south side of Lee Highway (U.S. Route 11 and 460) which is 80 feet side; thence with the line of property now or formerly owned by William R. and Roseanne C. Brown and a fence line S 14 deg. 36' 48" East 233.20 feet to an old pin; thence the following four calls with tract liB". Fort Lewis Industrial Park, Plat Book 9, page 402, S 70 deg. 12' 45" W. 19.05 feet to an old pin; S 17 deg. 01' 20" E. 34.83 feet to an old pin; S 57 deg. 56' 46" W 106.96 feet to an old pin and S 67 deg. 44' 48" W 149.29 feet to an old pin situate on a fence line and also on the line of Lot 25, Fort Lewis Estates, Plat Book 3, page 51; thence with the East line of Lot 25 and Lot 1, Fort Lewis Estates, N 14 deg. 24' 12" W 347.56 feet to a fence post situate on the south side of U. S.,Route 11 and 460; thence with the south side of U. S. Route 11 and 460 N 80 deg. 56' 58" E 267.50 feet to the point of BEG INNING, conta ining 1. 897 acres, as shown on a plat of survey for Joseph C. Thomas made by T. P. Parker & Son, Engineers and Surveyors, dated April 13, 1989, a copy of which is recorded in the circuit Court Clerk's Office of the County of Roanoke, Virginia in Deed Book 1307, page 239. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. ~ ,... m May 23, 1995 On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance to rezone aÞÞroximatelY 1.23 acres from C-2 to R-l to allow continued use as a sinqle family residence, located at 123 John Richardson Drive, Hollins Maqisterial District, uÞon the Þetition of Roanoke County Planninq Commission. (Terry Harrinqton, Director of Planninq & zoninq) 0-52395-18 Mr. Harrington reported this request is being made by the Planning Commission to assist the current owner to obtain mortgage financing to raise funds for her continued care. The property was rezoned when the comprehensive zoning revisions were adopted in 1992. There were no citizens present to speak. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-18 TO CHANGE THE ZONING CLASSIFICATION OF A 1.23 ACRE TRACT OF REAL ESTATE LOCATED AT 123 JOHN RICHARDSON DRIVE (TAX MAP NO. 38.16-1-8) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO THE ZONING l þ I I ~ I I ""II1II May 23, 1995 39-9 CLASSIFICATION OF R-l UPON THE APPLICATION OF THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, the first reading of this ordinance was held on April 25, 1995, and the second reading and public hearing were held May 23, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter. on May 2, 1995; 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 1. 23 acre, as described herein, and located at 123 John Richardson Drive, (Tax Map Number 38.16~1-8) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of the Roanoke County Planning Commission. 3. That said real estate is more fully described as '-follows: BEGINNING at a 45 inch white oak in the southerly side of the Hershberger Road (state Sec. Rte. 625) at the west end of an iron bridge over Carvins Creek, said beginning point being an original corner of the 45-acre tract, property of Julia B. Stone, thence along the original outside line of the aforesaid 45-acre tract and along the lines ~ ,... 400 May 23, 1995 þ of the properties of o. D. Ross and A. W. Coon, running with the west and south bank of Carvins Creek the following four courses and distances: s. 10 deg. 00" E. 120.0 feet, s. 69 deg. 00' E. 167.0 feet, N. 57 deg. 00' E. 220.0 feet, and N. 87 deg. 00' E. 103.9 feet to a point; thence leaving the line of the property of A. W. Coon and along a new line through the Julia B. stone property n. 25 deg. 38' W., crossing the center of Carvins Creek at 60 feet, passing an iron pipe on the north bank of the Creek by the fence at 112.8 feet, passing an iron pipe by a fence corner post on the southerly side of the road at 189.8 feet, in all a total distance of 206.5 feet to a point in the center of the Hershberger Road; thence with the same the following three courses and distances: S. 74 deg. 49' W. 66.7 feet; S. 65 deg. 31' W. 171.7 feet; S. 77 deg. 42' W. 155.4 feet crossing the steel bridge over Carvins Creek to a point in the center of the road at the westerly abutment of the bridge; thence S. 14 deg. 50' W. 11.7 feet to the Place of Baginning, containing 1.84 acres, being a southwesterly portion of the 45-acre tract conveyed to Julia B. stone by deed of record in the Clerk's Office of the circuit Court of Roanoke County, Virginia, which is shown by plat made by C. B. Malcolm and David Dick, SCES, dated February ~, 1940. 4. That this ordinance shall be in full force and I effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, I and carried by the following recorded vote: l ~ I ~ May 23, 1995 40J AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None ~ Ordinance authorizinq a SÞecial Use Permit to construct a broadcast tower atoD Read Mountain aÞÞroximatelv . mile north of Summit Ridqe Road, Hollins Maqisterial District, uÞon the Þetition of Virqinia Towers, Inc. (Terry Harrinqton, Director of Planninq and Zoninq) 0-52395-19 Mr. Harrington reported that the Planning Commission continued this request from February to allow the applica~lt to work to address the Planning Commission's concerns. The site is located along the southern ridgetop of Read Mountain, and the petitioner proposes to locate an 80 foot tower with a small transmitter housing. The Planning Commission recommended approval with five conditions. Alfred Durham, an adjoining property owner advised that he had no concerns with the request but had concerns with surveyor maps that seems inconsistent with the tax maps. Mr. Harrington responded that another property owner had similar concerns but the property was resurveyed and agreement was reached. I Maryellen Goodlatte, attorney for the petitioner, was present to answer questions. ~ ,... 402 May 23, 1995 Þ The Board of Supervisors expressed several concerns including: (1) whether the tower would be visible from the Blue Ridge Parkway, (2) whether the viewshed would be protected, and (c) proximity to the airport, and the existence of an unused FAA tower. Supervisor Johnson moved to deny the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy ORDINANCE 52395-19 DENYING A SPECIAL USE PERMIT TO VIRGINIA TOWERS INC. TO CONSTRUCT A BROADCAST TOWER ATOP READ MOUNTAIN APPROXI- MATELY .4 MILE NORTH OF SUMMIT RIDGE ROAD, (TAX PARCEL 39.00-1-1), HOLLINS MAGISTERIAL DISTRICT I WHEREAS, virginia Towers Inc. has filed a petition to allow the construction of a broadcast tower atop Read Mountain approximately .4 mile north of Summit Ridge Road in the Hollins Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on May 2, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 24, 1995; the second reading and public hearing on this matter was held on May 23, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of I Supervisors of Roanoke County, Virginia, as follows: l ""II1II ~ May 23, 1995 403 On motion of Supervisor Johnson to deny the special use permit, and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy ~ Ordinance to rezone 5.93 acres of land from EP to AG-3, located at 2393 Hammond Drive, Vinton Maqisterial District, uÞon the Þetition of the Virqinia Recreational Facilities Authority. (Terrv Harrinqton, Director of Planninq & Zoning) I (CONTINUED FROM MARCH 28, 1995) Chairman Minnix announced that this item has been continued until June 13, 1995, at the request of the petitioner. ~ Ordinance to rezone 3.06 Acres from 1-1 Conditional and C-l Conditional to C-l to house administrative offices and church services, located at 5240 Hollins Road, Hollins Maqisterial District, uÞon the petition of Reformation Herald PUblishinq Association. (Terrv Harrinqton, Director of Planninq & Zoninq) (CONTINUED FROM APRIL 25, 1995) 0-52395-20 II This request was tabled by the Board of Supervisors on April 25 to allow staff additional time to research issues ,-' ~ ,... 404 Maý 23, 1995 regarding the development of the building and relocation of the public water line along Hollins Road. Mr. Harrington has advised the Board that the building was not constructed in violation of any existing zoning ordinance and the water line issue has been resolved. There was no discussion and no citizens were present to speak on this ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 52395-20 TO CHANGE THE ZONING CLASSIFICATION OF A 3.06 ACRE TRACT OF REAL ESTATE LOCATED AT 5240 HOLLINS ROAD (TAX MAP NO. 39.05-1-10) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I- 1, CONDITIONAL, AND C-l, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-l UPON THE APPLICATION OF REFORMATION HERALD PUBLISHING ASSOCIATION WHEREAS, this property was rezoned to I-1, Conditional, and C-1, Conditional in 1986; and WHEREAS, the first reading of this ordinance was held on March 28, 1995, and the second reading and public hearing were held April 25, 1995; and continued until May 23, 1995; and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on April 4, 1995; and, l þ I I ~ I I ""II1II May 23, 1995 405 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 3.06 acres, as described herein, and located at 5240 Hollins Road, (Tax Map Number 39.05-1-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Conditional, and C-1, Conditional, Industrial District and Office District, classification of C-1, Office District. to the zoning 2. That this action is taken upon the application of Reformation Herald Publishing Association. 3. That the owner voluntarily petitions the Board of Supervisors to repeal the conditions, voluntarily proffered by the owner in 1986. The Board of Supervisors hereby repeals and removes the proffered conditions from this real estate. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin on the west side of Hollins Road (Va. Sec. Rte. 601) which point is the corner to the Nadine K. Noell property and is designated as "2" on the Plat Showing Property (3.06 Ac.) Being Conveyed to Reformation Herald Publishing Association," dated December 31, 1985, revised June 6, 1986, and prepared by Buford T. Lumsden & Associates, P.C., Engineers and Surveyors; the true place .of beginning; thence N. 770 10' 33" W. 300 feet to a corner marked by an iron pin on the line of the Dowdy property; thence wi th the Dowdy line N. 110 21' 00" E. 166.36 feet to an iron pin ~ ,..... 4D6 May 23, 1995 being designated as "4" on the plat; thence S. 80° 57' 00" E. 300 feet to a point; thence with a new division line S. 11 ° 18' 22" W. 186.12 feet to the Place of BEGINNING, and containing 1.21 acres. BEGINNING at an iron pin on the west side of Hollins Road (Va. Sec. Rte. #601) which point is the corner to the Nadine K. Noell property and is designated as "2" on the Plat Showing Property (3.06 ac.) Being Conveyed to Reformation Herald Publishing Association, dated December 31, 1985, revised June 6, 1986, and prepared by Buford T.Lumsden & Associates, P.C., Engineers- Surveyors; thence with the Noell property N. 77° 10' 33" W. 413.51 feet to a point; thencewith a new division line N. 11° 18' 22" E. 186.12 feet to a point; thence with the property of Seventh Day Adventist Reform Movement General Conference S. 80° 57' 00" E. 394.30 feet to an iron pin on the west side of Hollins Road; thence with the west side of Hollins Road S. 6 ° 6' 00" W. 213.48 feet to the place of BEGINNING and containing 1.85 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CONTINUANCE l þ I I ~ I I ""II1II May 23, 1995 4D7 Ordinance to rezone aDDroximatelv 68.4 acres from AG-3 to AR to construct sinqle familY detached dwellings, located beyond the terminus of Toddsbury Drive to the east, vinton Maqisterial District, UDon the Detition of Akfer CorDoration. (Terry Harrinqton, Director of Planninq & Zoning) Chairman Minnix announced that this rezoning had been continued until June 27, 1995. IN RE: PUBLIC HEARINGS h PUblic Hearinq to elicit comments reqardinq the ProDosed Budget for Fiscal Year 1995-96. County Administrator Elmer Hodge presented the highlights of the 1995/96 fiscal year budget. He reported that this year there was involvement from the County teams, school teams and a citizens committee. The following citizens spoke: (1) Butch Kelly, 8564 Gravel Hill Road, Roanoke County Education Association, spoke regarding teacher salaries and requested a long-term salary plan for salaries. (2) Bill Richardson, 2032 Stallion Circle, County Council of PTA's thanked the Board for fully funding the school budget. ~ ,.. 408 May 23, 1995 ~ (3) Marjorie Skidmore, 5125 Burnt· Quarter Drive, Vinton, expressed appreciation for fully funding the school budget. (4) Chuck Beckner, Vice President, Professional Firefighters, requested that the Board consider fire and rescue staffing a top priority. (5) Tom Bier, President, Professional Firefighters, also spoke on behalf of increased staffing of the Fire and Rescue D,epartment. (6) Jim McAden, 5771 Grandin Road Ext. expressed appreciation for full funding of the School Board budget and funding for Camp Roanoke. (7) Dr. Joanne Keubler, Executive Director of the Art I Museum of Western Virginia, requested additional funding for the art museum. IN RE: ADJOURNMENT At 8:10 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. Submitted by, Approved by, ~~rQL~^-- /-1 tæßf 1~:;?'1 ¡t ~J I H. Odell "Fuzzy" Minnix Chairman Mary H. Allen, CMC Clerk to the Board ~