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Home My WebLink About6/28/1994 - Regular "l1li June 28, 1994 435 ~ Roanoke county Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 28, 1994 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 June, 1994. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given. by the Reverend Samuel W. Crews, I Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. ~ II'" 4J6 June 28, 1994 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy added (1) A Resolution of Appreciation upon the Retirement of Judge Kidd, and (2) Executive Session Item 2.1- 344 (7) legal matter regarding regional sewage treatment plant. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS .L. Resolution of AÞÞreciation UÞon the Retirement of Judqe Edward Kidd R-62894-1 This resolution will be presented to Judge Kidd at his retirement dinner. supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62894-1 OF APPRECIATION TO EDWARD S. KIDD, JR. FOR SERVICE AS CHIEF JUDGE OF THE 23RD JUDICIAL DISTRICT OF VIRGINIA GENERAL DISTRICT COURT WHEREAS, Edward S. Kidd, Jr. has served as a judge of the General District Court of the 23rd Judicial District of Virginia, which serves Roanoke County, the cities of Salem and Roanoke and the Town of Vinton, since 1978; and WHEREAS, Judge Kidd was appointed Chief Judge of that Court in 1980; and WHEREAS, during his time on the bench, Judge Kidd has been l þ I I ~ "l1li June 28, 1994 437 I I active in various statewide and national associations, including the American Judges Association, the American Bar Association, the American Judicature Society, the Association of District Court Judges of Virginia and the Virginia Bar Association; and WHEREAS, Judge Kidd has served the citizens of the Roanoke Vallèy in an equitable and just manner, providing fair hearings and decisions to the hundreds of people who have passed through his courtroom; and WHEREAS, Judge Kidd will be retiring from the General District Court on July 15, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its appreciation and gratitude to EDWARD S. KIDD, JR. for his service as Chief Judge of the 23rd Judicial District of Virginia General District Court; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Judge Kidd for a happy, healthy and rewarding retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: NEW BUSINESS Reauest for SuÞÞort for ParticiÞation and Fundina for .L. ~ II'" 438 June 28, 1994 the Roanoke Valley Reaionalization GrouÞ. Hodae, County Administrator) (Elmer C. R-62894-2 Mr. Hodge advised that Delegate Cranwell has established a regionalization group to study issues such as water, sewer, solid waste, economic development and housing. The Commi ttee has suggested that Consultants Towers-Perrin interview all five participating localities and conduct a review of potential areas for regionalization. The cost was originally estimated at $15,000 but has increased to $45,000. The local business community has agreed to split the cost on a 50/50 matching basis. Mr. Hodge explained that Delegate Cranwell has asked that each locality decide if they are willing to participate in this process and to pay their share of the consultant fees. Mr. Hodge requested that the Board adopt a resolution of support. Supervisor Nickens suggested that the cost of the review be shared on a per capita basis rather than shared equally. There was Board consensus that the resolution not include the consultant's name or funding until more information is available. Mr. Hodge was directed to bring back a request for funding for the consultant. Supervisor Nickens moved to adopt the resolution eliminating references to funding and the consultant's name. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy l þ I I "l1li June 28, 1994 439 ~ NAYS: None RESOLUTION 62894-2 EXPRESSING SUPPORT FOR ROANOKE COUNTY'S PARTICIPATION IN THE ROANOKE VALLEY REGIONALIZATION GROUP WHEREAS, in September 1993, elected officials and business leaders met to discuss the regionalization of such services as water, sewer, solid waste, economic development and tourism, and WHEREAS, the Roanoke Valley legislators agreed at that time to introduce legislation that could rebate state income tax on new businesses to local governments for a period of years regardless of the location of the new business, and WHEREAS, the Roanoke Valley Regionalization Group determined that a study should be conducted to review the various services I provided by each local government and develop a list of those services that should be considered for regionalization, and WHEREAS, the group has requested that the Counties of Roanoke and Botetourt, the cities of Roanoke and Salem, and the Town of vinton share with the Roanoke Valley business community the cost to implement the study, and WHEREAS, it was also requested that each locality indicate by resolution their support for participation in this study. THEREFORE, BE IT RESOLVED, that the Board of Supervisors of. Roanoke County, Virginia, supports the efforts of the Roanoke Valley Regionalization Group to review and recommend services I that should be provided on a regional basis. On motion of Supervisor Nickens to adopt the resolution eliminating references to funding and consultant's name, and ~ II'" 44D June 28, 1994 þ carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Reauest for AÞÞroval of PaYment to F & W Community DeveloÞment corÞoration for Water System EXÞenses Between SeÞtember 1986 and January 1991. Robertson, utility Director) CGary A-62894-3 Mr. Robertson advised that in 1991, Fralin and Waldron submitted an invoice to former utility Director Clifford Craig for $23,514,06 to cover improvements to the Forest Edge Water System. A meeting was scheduled with Fralin and Waldron in April, I but was postponed due to Mr Craig's death. Mr. Robertson explained that the County Code allows the County to pay one-half of the cost of constructing new water supplies. The County's share of the cost is $14,023.80. Following discussion, Supervisor Nickens moved to approve payment of $l4,023.80 with funding from the Forest Edge Account and utility Fund Unappropriated Balance. 'The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Reconsideration of the AdoÞtion Leave Policy. C. Hodae, County Administrator) CElmer A-62894-4 I l ~ ~ .: June 28, 1994 441 I I Mr. Hodge reported that Supervisor Kohinke requested that this issue be reconsidered. He advised that the Leave Policy team recommended that adoption leave, extended maternity leave and paternity leave be reduced from 30 to 20 days. The team also recommended an increase in use of sick leave for family illness. Mr. Hodge recommended that the Board not make any changes to the recommendations of the Leave Policy Team. County employees Janet Scheid. and Anne Marie Green spoke in support of changing the leave back to 30 days, because of the addítional time necessary to go through the adoption process and the necessity of bonding with an adoptive child. Supervisor Nickens moved to rescind all action related to leave policy taken on May 24, 1994. Supervisor Johnson moved to amend the motion to rescind the May 24, 1994 policy, and keep all improvements that were included in the policy, and restore adoption leave to pre May 24, 1994 policy which was 30 days. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisors Minnix, Nickens, Eddy Supervisor Nickens's original motion to rescind all action taken May 24,1994 was defeated by the following recorded vote: AYES: Supervisors Minnix, Nickens NAYS: Supervisors Johnson, Kohinke, Eddy The policy remained the same as was recommended by the Leave - "'.n ,-'- ...----__._ . _ -. _. .___.__._..__. ..._........__.__..__, .. ----.__.__._~__..~.___u _____ ____ ~ II""" 442 June 28, 1994 þ l Policy Team and approved by the Board of Supervisors on May 24, 1994. IN RE: REQUESTS FOR WORK SESSIONS Supervisor Johnson requested that a work session or report be made on utility billing procedures which would include a survey of other localities. Mr. Hodge was directed to bring back a report on July 12, 1994. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading of Ordinances #1, #2, and #4, and set the second readings and public hearings for July 26, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None .L. ordinance Authorizina a SÞecial Use permit to OÞerate a Private Horse stable Located at 4264 SDicewoodLane and 4324 Westward Lake Drive, Catawba Maaisterial District, U~on the Petition of Roaer and Barbara Hale. h Ordinance Authorizina a SÞecial Use Permit to Construct a Facility for Reliaious AssemblY, Includina Classrooms and FellowshiD Hall, Located on Hardy Road at the Intersection of Feather Road and TemÞle Drive, vinton Maaisterial District, UDon the Petition of D. Jeffry Parkhill. .L. ordinance Authorizina a SÞecial Use Permit to construct a Private Horse Stable Located· at 4041 Barlev Drive, Catawba Maaisterial District, UÞon the Petition of Mona S. SutDhin. I I "II1II June 28, 1994 443 ~ Supervisor Johnson moved to approve the first reading for Ordinance #3 and set the second reading and public hearing for July 26, 1994. The motion· carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy ~ Ordinance to Rezone 2.76 Acres from R-1 to I-1 to Construct a Warehouse Distribution Facilitv Located on Hollins Road, Hollins Magisterial District, UÞon the Petition of the Roanoke County DeDartment of Economic DeveloDment. I IN RE: SECOND READING OF ORDINANCES .L. Ordinance Extendina the Franchise of Boothe American ComDanv D/B/A Salem Cable TV to OÞerate a Cable Television -System in Roanoke County for a Period of 120 Davs. CJoseÞh Obenshain, Senior Assistant County Attornev) 0-62894-5 There was no discussion and no citizens were present to speak on this issue. Supervisor Nickens moved to adopt the I ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ II"'" 444 June 28, 1994 ORDINANCE 62894-5 EXTENDING THE FRANCHISE OF BOOTHE AMERICAN COMPANY D/B/A SALEU CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 120 DAYS WHEREAS, Boothe American Company d/b/a Salem Cable TV currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County; and WHEREAS, negotiations are currently under way between Boothe American Company d/b/a Salem Cable TV and the County of Roanoke for the renewal of this franchise agreement as of June 30, 1994, which negotiations . may not be concluded sufficiently prior to such date to permit adoption by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about June 10, 1994; and WHEREAS, Boothe American Company d/b/a Salem Cable TV is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on June 14, 1994, and the second reading of and public hearing for this ordinance was held on June 28, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, virginia, as follows: 1. That in order to permit Boothe American Company d/b/a Salem Cable TV to continue to operate a cable television franchise within the territorial limits of Roanoke County, l þ I I ~ "l1li ;,:~ J ~ne 28, 1994 445 I Virginia, after June 30, 1994, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Boothe American Company d/b/a Salem Cable TV for the operation of a cable television system wi thin Roanoke County, Virginia, is hereby extended for a period of one hundred twenty (120) days beginning at 12:00, midnight, on July 1, 1994, under the same terms and condi tions as contained in the existing franchise agreement between Boothe American Company d/b/a Salem Cable TV and the Board of Supervisors of Roanoke County, Virginia. 2. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h ordinance Authorizina Acauisition of Necessary to Construct the Hollins Road Water Line CGarv Robertson, utility Director) Easements Extension. 0-62894-6 There was no discussion and no citizens were present to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion II carried by the following recorded vote: ~ II'" ~ June 28, 1994 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy ORDINANCE 62894-6 AUTHORIZING THE ACQUISITION OF NECESSARY EASEMENTS AND PROPERTY TO CONSTRUCT THE HOLLINS ROAD WATER LINE EXTENSION WHEREAS, location plans for the Hollins Road Water Line project are being completed and the project will requires acquisition of easements across certain properties; and, WHEREAS, said easements are to be acquired to facilitate any future construction of the water line project; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on June 14, 1994, and the second reading was held on June 28, 1994. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of the necessary easements for the Hollins Road Water Line Extension are hereby authorized across the following properties, referenced by Tax Map Number, from the following property owners, their successors or assigns: Tax Map No. Propertv Owner Acauisition 28.13-1-23.7 Easement 28.13-1-24 Payne, Ronald L. & Linda D. Shelton, Olivene W. l þ I I ~ ~ June 28, 1994 447 I I Easement 28.13-1-25 Easement 28.13-1-25.1 Easement 28.13-1-26 Easement 28.13-1-27 Easement 28.13-1-27.2 Easement 28.13-1-27.3 Easement 28.13-1-28 Easement 28.13-1-29 Easement 28.17-1-1 Easement 28.17-1-2 Easement 28.17-1-3 Easement 28.17-1"'4 Easement 28.17-1-5 Easement 28.17-2-9 Easement 28.17-2-11 Easement 28.17-2-14 Easement 28.17-2-10 Easement 28.17-2-12 Easement 28.17-2-13 Easement 28.17-2-15 Easement 38.16-1-3.1 Easement 38.16-1-3.2 Easement 38.16-1-3.3 Easement 38.16-1-3.4 Easement 38.16-1-3.5 Hardie, James W. & Pamela C. Hardie, James W. & Pamela C. Barton, William R. & Betty L. Roanoke Co. Board of Supervisors AMP Incorporated Shimchock's Litho Service, Inc. Nininger, Charles L. & Gladys A. Nininger, Charles L. & Gladys A. All, Maurice C. & Juanita G. Dogan, Robert H. & Frankie M. Halsey, Henry C. & Peggy Lou Matthews, Henry M. & Maxine Patterson Memorial (Grace) Wray, Frank T. & Mamie Holdren, Michael S. & Brenda A. Sweet, Ricky L. Turner, Roy T. & Lorene W. Chumbley, James R. & Margaret G. Sweet, Raleigh T. & Francis P. Sweet, Raleigh T. & Francis P. Dominion Trust Co. & M. E. Hinman Dominion Trust Co. & M. E. Hinman CBL Plantation Plaza (Food Lion) Central Fidelity Bank CBL Plantation Plaza, Ltd. ~ II'" 448 June 28, 1994 þ Easement 39.05-1-2 Ease~ent 39.05-1-3 Easement 39.05-1-4 Easement 39.05-1-9 Easement 39.05-1-10 Easement 39.05-1-12 Easement 39.05-1-13 Easement 39.05-1-13.1 Easement 39.09-1-1 Easement 39.09-1-2 Easement 39.09-1-4 Easement 39.09-1-4.1 Easement Smith, Ellen Lurene Stanley Leslie, Frances stanley & R. Co. Reid, Maurice W. Seventh Day Adventist Reform Reformation Herald Publishing Noell, Ronnie D. & Karen S. Kelley, Robert E. & Robin C. Noell, Ronnie D. & Karen S. Friendship Manor Apt. Village Friendship Manor Apt. Village Anglin, Adrian L. Jr. & Debra G. Anglin, Adrian L. Jr. & Debra G. I 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the Hanover Direct project funds; and, 4. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: I l ~ June 28, 1994 4.49 ~ AYES: supervisors Johnson, KOhinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy ~ Ordinance Declarina a Parcel of Real Estate Identified as Tax MaD No. 86.01-2-15 Located off Homewood circle in the Windsor Hills Maaisterial District to be SurÞlus and Accentina/RøicotiBa an Offer for the Sale of Same. (John Willey, ProÞertv Manaaer) 0-62894-7 Mr. Willey advised that Brian D. Wilson has offered to purchase the property for $100 and will remove the well and ,I reservoir. In response to a question, he advised that Mr. Wilson agreed to remove the well and reservoir by a letter dated April 28, 1994. There were no citizens present to speak on this issue. Supervisor Eddy moved to aJopt the ordinance accepting the offer of Brian Wilson for $100 and removal of well and reservoir per letter dated April 28, 1994. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62894-7 DECLARING A· PARCEL OF REAL ESTATE IDENT~FIED AS TAX MAP NO. 86.01-2-15 LOCATED OFF HOMEWOOD CIRCLE IN THE WINDSOR HILLS DISTRICT TO BE SURPLUS AND ACCEPTINC/REZEOTINC AN OFFER FOR THE SALE OF SAME 1 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ ,.. 4SD June 28, 1994 1. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the subj~ct property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on June 14, 1994; and a second reading was held on June 28, 1994, concerning the sale and disposition of a parcel of real estate identified as Tax Map No. 86.01-2-15; and 3. That an offer having been received for said property, the offer of Brian Wilson to purchase this property for $100 ,and removal of well and reservoir per letter dated April 28. 1994 is hereby accepted/rejected; and 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance accepting offer of Brian Wilson for $100 and removal of well and reservoir per letter dated April 28, 1994, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None l þ I I ~ ~ June 28, 1994 451 IN RE: APPOINTMENTS .L. Hiahway and TransÞortation Safety Commission Chief T. C. Fuqua, Fire & Rescue, will bring back a recommendation from the Fire & Rescue Chiefs' Board after their meeting on July 13, 1994. h Virqinia Western Communi tv Colleae Board Supervisor Eddy nominated Stanard Lanford to serve a four- year term which will expire June 30, 1998. IN RE: CONSENT AGENDA R-62894-8 1 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62894-8 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 28, 1994, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 I through 6, inclusive, as follows: 1. Confirmation of Committee Appointment to the Building ~ r- 452 June 28, 1994 þ Code Board of Adjustments and Appeals. 2. Approp~~ation of Surplus Federal Revenues to Cover Jail operations Due to Increased Inmate Population. 3. Appropriation of Compensation Board Reimbursement for Commonwealth's Attorney and the Treasurer. 4. Request for Acceptance of Extension of Fox Ridge Road and Fox Den Road into the VDOT Secondary System. 5. Donation of Water Line Easement on Lot 7, section 7, Nottingham Hills from Charles R. Inc. Block 1, Simpson, 6. Confirmation of Appointment of the Parent Representative to the Community Policy and Management Team. 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 I this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62894-8.d REQUESTING ACCEPTANCE OF EXTENSION OF FOX RIDGE ROAD AND FOX DEN ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM .. WHEREAS, the streets described on the attached Addi tions Form SR-5 (a) ," fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street I Reauirements of the Virginia Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the l ~ ~ June 28, 1994 453 Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A} to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution, be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: H. Odell Minnix Not Reauired Supervisors Johnson. Eddy None Kohinke. Minnix. Nickens. 1 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: He announced that the Grand Opening of Explore Park would be held on June 30 at 10:00 a.m. and recommended arrival by 9:15 to get parking. Supervisor Johnson: He advised that the Audit Committee had their first meeting prior to this Board meeting. Supervisor Kohinke: He reminded everyone that the cat ordinance goes into effect on July 1, and that he and Treasurer Fred Anderson are planning a small ceremony when he gets his cat license. Supervisor Eddv: (1) He announced that there was a news I conference at 11:00 a.m. regarding the fly ash cleanup at Dixie Caverns Landfill. (2) He advised that he received a letter from VACo asking for a legislative contact and he suggested that j lII"'" 454 June 28, 1994 þ County Attorney Paul Mahoney serve in that capacity. The other Board members concurred. (3) He asked about the citizen handbook. Community Relations Director Anne Marie Green responded that she is waiting for a decision on the bulk and brush pickup schedule before printing the handbook. (4) He advised that the resolutions requesting individual joint meetings wi th the other valley governments had been mailed to the chief elected officials. (5) He received information from the Fifth Planning District Commission requesting interest in conducting a corridor study from Roanoke Valley to Smith Mountain Lake, and asked if there was Board support for the study. Mr. Hodge advised that the main concern was who would pay for road improvements. (6) He explained that he has received several requests from residents who are concerned about the cut through traffic on such roads as Cresthill. The Virginia Department of Transportation has sent him information on how to request control of such traffic. He asked if the Board was interested in pursuing this issue. There was no interest in pursuing. I IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion was carried by a unanimous voice vote. .L. General Fund UnaDÞroÞriated Balance ~ CaDital Fund unapÞroDriated Balance ~ Board continaencv Fund I l ~ "II1II June 28, 1994 455 .L. Fire and Rescue Reaction Resnonse Times - May 1994 h .L. L.. IN RE: .L. R-62894-9 ReDort on 1991 Water Project ReDort on sick Leave Usaae Bond proiect status Renort SCHOOL BOARD ISSUES Resolution of AÞnreciation UÞon the Retirement of Dr. Baves wilson, Roanoke County School Sunerintendent. Chairman Eddy presented Dr. Wilson with the resolution, a gift certificate, and a hand-made flag with the County Seal. Supervisor Johnson moved to adopt the resolution. The motion I carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None RESOLUTION 62894-9 OF APPRECIATION UPON THE RETIREMENT OF DR. BAYES WILSON, SUPERINTENDENT OF ROANOKE COUNTY SCHOOLS WHEREAS, Bayes Elwood Wilson was born in Russell County, Virginia, left high school to join the military, and subsequently completed his schooling, through the doctoral level, while working and raising a family; and WHEREAS, Dr. Wilson began working with the Roanoke County School System in March, 1956, as a student teacher at Andrew Lewis High School, and has held a variety of positions with the II Roanoke County School System, cUlminating with his appointment as ~ II""" 4S6 June 28, 1994 Division Superintendent in 1980; and WHEREAS, during his time as. Superintendent, Dr. Wilson has overseen a variety of achievements, including o Six schools recognized for educational excellence by the state of Virginia and- an additional five schools recognized nationally for educational excellence; o Institution of computer education in the classrooms; o Implementation of the Middle School concept; o Founding of an al ternati ve education program at the Roanoke County Career Center; o Establishment of local PTA units for elementary, middle and high schools; o Recognition for excellence of Chapter 1 program in both reading and mathematics at both state and national levels; and WHEREAS, Dr. Wilson has also been active in professional associations, community and civic organizations, and has been honored by the Roanoke Chapter of Phi Delta Kappa as the Educator of the Year in 1992, and received the Salem/Roanoke County Chamber of Commerce Award for Service to Education in 1994; and WHEREAS, Bayes Wilson will retire at the end of the 1994 school year, leaving Roanoke County with a nationally recognized, neighborhood oriented school system which provides an outstanding education to the children of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on its own behalf, and on behalf of the children of Roanoke County, does hereby extend its deepest appreciation to Bayes Elwood Wilson for his leadership and l þ I I ~ 1 I ~ June 28, 1994 457 guidance of the Roanoke County School System, for his service to the citizens of the County and for his continued emphasis, through his own example, of the importance of education; and further BE IT RESOLVED, that the Board of Supervisors extends its best wishes to Dr. Wilson for a happy , productive and heal thy retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None h Work Session on School CaDital proiects School Board Chairman Frank Thomas introduced School Superintendent Bayes Wilson. Dr. Wilson reviewed information presented at the June 14 Board meeting regarding Pl;'oj ects currently funded and under construction; Projects awaiting approval for funding (Category II) which included Cave Spring Junior renovations and William Byrd High School renovations ($ 3 , 300, OOO); and proposed VPSA funded proj ects which included roofs, ADA Improvements, Roanoke County Occupational School (RCOS) improvements and site improvements at Glenvar ($1,700,00P). Dr. Wilson presented a list of other projects that needed consideration which totalled $1.4 million for Fort Lewis and $14,389,000 for other additions and other renovations. In response to questions from the Board members, Dr. Wilson ~ ,.... 458 June 28, 1994 advised it would cost three to four million dollars for a gymnasium, lecture hall and classrooms at Northside High School and $15 million to construct a new Cave Spring High School. A new stadium is also needed. Dr. Wilson advised that the School Board needs to either make improvements to Cave Spring or build a new school. Following discussion on financing methods, potential tax increases to fund a new high school, and requests from the Board members for more details, it was the consensus of the Board that County staff work with the School Board to bring back on July 26, 1994, more detailed information on projects including: (1) options and alternatives available; (2) costs associated with a bond referendum and funding alternatives; (3) student population at Cave spring, Back Creek and Oak Grove Elementary Schools; (4) number of students enrolled in Cave spring schools and student projections. ~ Reauest for Authorization for the Roanoke County School Board to Submit Certain Literarv Fund Annlications. CDiane Hyatt, Finance Director) A-62894-10 Supervisor Johnson moved to authorize submittal of $1.9 million Literary Loan funding for William Byrd High School renovations, construction at Fort Lewis Elementary and renovations at Glenvar Elementary School. The motion carried by the following recorded vote: l þ I I ~ ~ June 28, 1994 459 AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None .L. Reauest to AnDlv for Inclusion in the Virainia Public School Authority's Fall 1994 Bond Sale. (Diane Hyatt, Finance Director) R-62894-11 Supervisor Eddy moved to approve $300,000 for roofs, $200,000 for Roanoke County Occupational School (RCOS), and $200,000 for site improvements at Glenvar Schools (Total $700, OOO) . Supervisor Nickens moved to amend the motion to exclude 1 improvements at RCOS (Total $500,000). The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens NAYS: Supervisor Kohinke, Eddy Supervisor Eddy's amended motion to exclude RCOS was carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy RESOLUTION 62894-11 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO THE SALE OF $1 2ÐÐ ÐÐO ð~~Wx~WO~w SCHOOL BONDS , , ~:g){v:JÚy;:...)~ ............................................................. 1 WHEREAS, the Roanoke County School Board and the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") have determined that it is advisable to contract a ~ II""" 460 June 28, 1994 debt and issue general obligation bonds of the County in an amount not to exceed $1,200, 000 g:!:~:º::i:::~:~:g¡ ("Bonds") to finance certain capital improvements for public school purposes ("Projects") and to sell the bonds to the Virginia Public School Authority ("VPSA"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the bonds to the VPSA at the Fall 1994 VPSA bond sale. 2. The Board adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board reasonably expects to reimburse advances made or to be made by the County or the County School Board to pay the costs of acquiring, constructing and equipping the Projects from the procee~s of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the Projects is $1,200,000 R¡IR:~::~:::~:º:! . 3. This resolution shall take effect immediately. On Supervisor Eddy's amended motion to approve $300,000 for roofs, and $200,000 for site improvements at Glenvar schools, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: Supervisor Eddy IN RE: EXECUTIVE SESSION l þ I I "'II1II ~ June 28, 1994 . '~'461 At 5:40 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (7) To Discuss a legal matter, Enforcement of the Bingo Code (7) To Discuss a legal matter regarding the Regional Sewage Treatment Plant Agreement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-62894-12 1 At 7:05 p.m., Supervisor Johnson moved to return to Open Session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Zupervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62894-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and I 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. ~ """ 462 June 28, 1994 þ NOW, THEREFORE, BE IT RESOLVED, Supervisors of Roanoke County, Virginia, 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 that the Board of hereby certifies that, 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 Johnson to adopt the Certification Resolution, and carried by the following recorded II vote: AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None IN RE: EVENING SESSION IN RE: PUBLIC HEARINGS AND FIRST READING OF ORDINANCES ..L. Public Hearina and Ordinance to ADDronriate Funds for Cleanuþ of the Dixie Caverns Landfill. Finance Director) (Diane Hvatt, 0-62894-13 Ms. Hyatt advised that the County is in the final phases of discussion with the Enrvironmental Protection Agency, and it is I anticipated that the County will have substantially increased expenses in the cleanup at Dixie Caverns. Ms. Hyatt recommended l "II1II ~ June 28,1994 463 that the Board appropriate $1.5 million toward the cleanup. Ms. Hyatt advised that because of the large dollar amount, it was necessary to hold a public hearing. She also requested that the Board waive second reading of the ordinance because of the emergency status of the issue. Supervisor Nickens moved to waive the second reading and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None 1 ORDINANCE 62894-13 AMENDING THE FISCAL YEAR 1993-1994 BUDGET AND APPROPRIATION ORDINANCE, BY THE APPROPRIATION OF AN AMOUNT NOT TO EXCEED $1,500, 000 FROM THE GENERAL FUND UNAPPROPRIATED BALANCE AND OTHER SOURCES FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION AT DIXIE CAVERNS LANDFILL WHEREAS, environmental remediation expenses at Dixie Caverns landfill exceed currently appropriated and available funds, and it is necessary to amend the adopted Fiscal Year 1993-1994 budget and appropriation ordinance to provide additional expenditures for these purposes; and, WHEREAS, Section 15.1-162.1 of the Code of Virginia, 1950, as amended, requires pUblication of notice and a public hearing if an amendment to the budget of a local government to increase the aggregate amount appropriated exceeds one percent of the total revenue in the budget or $500,000, whichever is lesser; and I WHEREAS, notice of this proposed amendment was published as --"--._"- ".. ._. "- .-------'-----------.-.--- ·····'_··0--- ._.___..__ _ .,,_._.._..n__.__~___._..._. _._._ _.___.___._..._.___.__. ~_____..____._._____.__ ~ III""" 464 June 28, 1994 þ l required by law; and, WHEREAS, the County reserves the opportunity to reimburse itself for these expenditures from the proceeds of a future indebtedness, if the Board of Supervisors so chooses; and, WHEREAS, the first reading and public hearing on this ordinance was held on June 28, 1994, and thc Dccond rcadin~ waa hcld on July 12, 1994. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1} That Ordinance No. 6893-2, the appropriation ordinance for the Fiscal Year 1993-1994 budget, is hereby amended by the appropriation of the sums to the following fund for the functions and purposes authorized and approved by the Board of Supervisors as follows: From Fiscal Year 1993-94 General Fund Unappropriated Balance Insurance Dividend Check for June 30, 1993 Insurance Diyidend Check for June 30, 1994 Board Contingency for 1994-95 $1,068,300 228,363 153,337 50,000 Total $1,500,000 To Dixie Caverns $1,500,000 2} The Board of Supervisors adopts this declaration of official intent under Treasury Regulations section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of I I ~ . '~qLC~,L ~ . ~)tt~n.i; . ':i.::~. t~l(" '7\':;,;,'1.- u.~ [1 '!{I ,:;:'" June 28, 1994 465 ,';1 t{1'!:i: ~ . . '-'. ..~ '~'-' , , j' '". '~..,¡:, environmental remediation at the Dixie Caverns Landfill from the proceeds pf;. its debt or other financings. The maximum amount of ..". debt or other financing expected to be issued for such costs if $1,500,000. On motion of Supervisor Nickens to waive the second reading and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES .L. Ordinance Amendina and Reenactina section 21-3, Utilitv Service Tax, of the Roanoke County Code by providina for the ImDosition of the Consumer utility Tax on 1 Cellular Telenhones. (Paul M. Mahoney, county Attornev) 0-62894-14 Mr. Mahoney reported that staff is still trying to get a better estimate of the revenue that will be generated from this utility tax. The cellular companies are in the process of determining which customers would be affected. There was no discussion and no citizens were present to speak on this issue. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ III"'" 466 June 28, 1994 þ ORDINANCE 62894-14 AMENDING AND REENACTING § 21-3, UTILITY SERVICE TAX, OF THE ROANOKE COUNTY CODE BY PROVIDING FOR THE IMPOSITION OF THE CONSUMER UTILITY TAX ON CELLULAR TELEPHONES WHEREAS, House Bill 756 adopted by the 1994 session of the Virginia General Assembly amended § 58.1-3812 of the 1950 Code of Virginia, as amended, to authorize local governments to tax consumers of cellular telephone and other mobile telecommunications services; and WHEREAS, the first reading of this ordinance was held on June 14, 1994; the second reading and public hearing was held on June 28, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That § 21-3, utility Service Tax, is amended and reenacted as follows: Sec. 21-3. Utility service tax. (a) There is hereby imposed and levied by the county, upon each and every purchaser of a utility service, a tax in the amount of twel ve ( 12) percent of·· the charge made by the seller against the purchaser or consumer with respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser to the seller for the use of the county at the time that the purchase price or such charge shall become due and payable under I the agreement between the purchaser and the seller; provided, however, that the tax hereinabove imposed shall not be deemed to l ~ 1 I ""II1II " June 28, 1994 467 apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of any utility service to any purchaser thereof who uses such utility service in private homes or residential units; provided, further, that any commercial or industrial user shall pay the hereinabove set out twelve (12) percent on the first five thousand dollars ($5,000.00) of utility service. ~ ,... 468 June 28, 1994 þ e§ñ~œml!:r::!::I::~.¥æS~!!!!!!!@;ªHE~§:!!:~::,::æ§:::::::::I::es~P!~B:!!!!::!ffin!!!!!!:EI~::::::::ËRHiEM:f,:: * * * * (j) The following words and phrases when used in this section shall for the purposes of this section, have the following respective meanings, except where the context clearly indicates a different meaning. * * * * , ::~::î!:),!:::::::::::::::¡IRI:ffi:wm::::::::::::1::8e~:I::::::::::::P:~:±:~B8.BB¡ffi:RãE:ffi:gñ~:~::~::::M¡~.ffi:8a::::¡:¡::m~g§~:¡:¡~!~iñOO £lgæ~~¥:::::::!:!::::IDRI:ffi:W!:!:::!:::::!::eE:!::::::::::::PRB;~!±a::::!::::::::::±9R~:±¡:::¡::::::::::P:~:±:~Be.BB:ffie¡iE!~;§ñ!!!::::I::::§IË¥Æ;siij ~ffineWBß.ffili~:¡::!!:!!:]?~:~WB±a::::~~~:::::IDgl:ffi:W!::~::~::::::EªBffig!!!!::!!::!:P:~!±~B8.BB:ffiËãE:ffi:§ñ:::::::¡:::;%~.ffi£aI¡¡¡¡.1 §pm:8:ffi~~:I::æ:~:~g!!!!!!m§!æ:±:~:::::::liH:ffi!e:!f:: ~~I §:~.ffiË!!!::::!:98ñ§MmßE!i!!I:!::¡:::¡:~~mglffi!±a!:!:!:::§!.æEI!¡:::::¡ËE8¥ffig~E:i:::m¡:¡:¡:¡:~~:MaEMæsi¡:¡:¡:¡:ii9l1i%IíII ~nB:!::::!!:~~~:;~ßª!W!I::::::RHÐEI!¡§:aW!!:!::::¡:~Iª:±!W:¡:¡:!:¡:¡!fi~¥~¡:::!!¡!::!Êla:I!:::m~~n¡ffili~~I¡I::ã§¡:¡:¡~:¡[ëlg¥;I.I!lwñ ~:~sE:ffi!§ñ:::::::::g:~::f,:::±:rng!~::±:~::::!~::::g¥:::::::::m!:::::::::m!:;~:::¡:::::E.!::::::::el::::::::::1ffil~ffiñæä:i:¡:¡:¡:¡:¡:ä!:¡:¡:¡:¡:.mnB~I[~j~.B æ,lgß~:::~:ãa¥~ffin:ffiB:ffi:8ñ!:::~:~:!E~::::::::æñERBR§Eª;~1:::::::fi~E~:Ì:li:::::::R¥1::::::!E~~~E~ñ8!:~:: 2. 'fhis ordinance shall be in full force and effect from and after September 1, 1994. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h ordinance Amendina and Reenactina section 18-168 Schedule of Charaes of Chaþter 18, Sewers and Sewaae Disnosal the Roanoke County Code to Provide for an I l ~ .~ ~H.(fJ fL. " '!.~';f Y ~n thf' ~ ", .~. .,' . .i Lf:,. O,;i,·'.; June 28, 1994 469 ·:t:/,;..t,i·_r" . ,~"'., ,- ~,~- '.. . l' -?; :" ~,~"",,,,,)~;,, ' Increase in Base Charaes of 14.5% for Fiscal Year 1994- 1995, an Increase in Base Charaes of 25% for Fiscal Year 1995-1996, an Increase in the connection Fee to $1500.00, and to Provide for certain Transition provisions to Imnlement Same. (Diane Hyatt, Director of Finance) 0-62894-15 There was no discussion and no citizens were· present to speak on this issue. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: 1 AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62894-15 AMENDING AND REENACTING SECl10N 18-168 -SCHEDULE OF ŒlAR.GES- OF aIAPTER. 18 -SEWERS AND SEWAGE DISPOSAL- OF TI-JE ROANOKE COUNIY CODE TO PROVIDE FOR AN IN~¿ IN BASE ŒlAR.GES OF 14.5% FOR FISCAL YEAR. 1994-1995, AN INCREASE IN BASE ŒlAR.GES OF 25% FOR FISCAL YEAR. 1995-1996, AN INCREASE IN TI-JE CONNECl10N FEE TO $1500.00, AND TO PROVIDE FOR CERTAIN TRANSITION PROVISIONS TO IMPLEMENT SAME WHEREAS, the water and sewer operations of Roanoke County are maintained as separate enterprise operations, so that the expenses of the sewer fund are paid from the revenues and fees charged to the users of the sewer system; and, WHEREAS, immediate sewer capital needs over the next two fiscal years of approximately $2,500,000 have been identified; and, WHEREAS, the County's share of the joint sewage treattnent plant expansion to be designed and consttucted over the next three years is estimated to be approximately $13,000,000; and, I WHEREAS, the Board of Supervisors of Roanoke County, Virginia has detennined that an increase in sewer rates and charges is necessary to fund these necessary capital improvement projects; ~ JII"'" 4W June 28, 1994 þ and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 2.01 of the Charter of the County of Roanoke, and Section 15.1-876 of the code of Virginia, 1950, as amended; and, WHEREAS, legal notice of this increase in sewer charges has been published in a newspaper of general circulation within the County on June 7, 1994 and June 14, 1994; and, WHEREAS, the first reading of this ordinance was held on June 14, 1994, and the second reading and public hearing on this ordinance was held on June 28, 1994. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia: 1. That Section 18-168. "Schedule of Charges" of the Roanoke County Code is hereby amended and reenacted as follows: * * * * (c) The schedule of base charges for residential, commercial and industrial customers of 1 Roanoke County shall be as follows: §~g:::!m:g 1 l ð "'II1II ~ June 28, 1994 471 1 sÿs,t.~ti:1~ I ~ II'" 472 June 28, 1994 Ë9mmm~ãIJ:£~~¡:átæfi::a1ï!:::)ñgn::::r~jfi.t¡:::i!ª!J:g!!W!ª::::1~iiIli:::::~gm§t::tç;::::i§~m9fifgf:::§mHtI:ii¡1 fàanñe¡¡~ .:.;.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:. ªYl:I:I:::mi:::umI91:&f:::::_IE§.§IW#.#.w:Iêi.llIs.l:fê¥::::EßX:I:mt~$§!t:::tgIl¡åf.IE.Œi ;j!ffig~~!nX::!~m!::::!!tfilm!::&W9.~tl:~þ'þ!gi!I:::fP.t:~::!m!li:::t*=f!igl:b!ltñ:::m~¥dlllq~¡:l.irl" &Ri.9.tt~::::jpij::WÞ.W!:::!m:::ªR~:::~ª~~~ª:::p.Yaþ¡:::ggi~~~~t:m~t:§!'t]!ìiªHliIf.ilt:::pR.ªt.f~ {¥.IIRm!:;:::ç#flli§Þ.ri!Ç~~9ß::I~~1~þ.Mk!m¡~:!!;ªŒÆ:mll.~[IIW_fiYil"-âfi)Ipl"iñlti~:.¡ §'!JpJ~::!::!þ'Þ,t§Y~~M~::f,~±t@:~::::.I}::":Þ!æ~fit::JMill.äIXtqRg!;tm¡I:æï@:::::p.fJ:$!mir::::mi:::::jg~Uçili.illi p:~~::~::!g~!tRtIiª§.;:::;ª!::::m$HpjñfEt§t::::¡%m':':µ*,i::::pY::::mi::::I.I~:::::::::ag::::li':::it.m!!IHr#:~ª,.lflJt:f! !!ª,~#i9.~::::m'¡:::~jtêY.t~!::m~tp~~~::~~::::~m~iEg!J.!ñt!f&t::lilitiêþ:tii:::p!.(9r~:::mi:'::irtltiytI!i~jUif¡Mii ijiiW:f.~gt¡::::£ÂIª~!tf]Ð~It¡mim;9.¡:::P!1.!P'~:I!.::J;¡~::~::iji1fªI¡~Ml§fitmi::::f.4:!?j::::m~M:::::itImi:all¡¡l¡ !Nm1s~A~:::R@Æ l~ì:::::I::::::::::~::r~~it~I~t.i~*-?ij~¥i~ªt~~::::gYI!!flP&.AAIJñ!.f~:::::~MÞi~J~pã§ffiIlqªiit::::mI:œl!i¡~:p.ñJrR. pm!!ª¡ª:::::p¡f:I~:::::Ë~~:::'JãIP!:::::!l!Ii,ªI~~fÜJ!!E¡:::::p!m¡¡t.:IiiI:li::::&g,1!!sIIEUtiII:mi:::::-Š9iWifltí¡ $91!Iql(:{i¡~:::m:::mmf~J!:::{~9.l:::minIIJ!II~lišmtalªll!ã:::lit; ª~:::::::::::::'::::::¡:::::iU:::.~Wmî:::§r::ä;fJ.t:!!~:::!äml::!!¡:¡lgf:j!fl~p¥¡¡ñ1!9.I¡~:t.gÞ.l!:lWI'ñl t!f~:::I}t::::::::m~:::!!fiª?lÃit:::!!1!Y:::fð.i§p.t~gUSg#:Ii.§Ùmt1i::mi:::i#_:::r4#làtliiªi:mB1l. plm,g~Ht:!Htl¡:::jJigmËm$:::m£Þ.i:m!ng!ggª:Hfi::::!llim:::j!!m~ªm}'¥Œmi:::fi~lt:!îlm¥.l~::!~ªI$.Jré..¡ iffi&W!¡::::~~::::g.::::g;ili¡ê.s.mi!§:Jtª:{§sI.ª¡::::!g~:::_::::.f.t::::œþ.:¡¡I.:~:¡:¥ïI::::~êªª!ß§gtiIiI.il iji,@~ml~ªªIj!!miœ::::!x::JiK::p!Pi!:::::mifimªf:t§ãtlg::$êag!I::::~þ.mII!@.;:::mRfªif.::::m:::::I¡::::§ff!ig~§f~i $!im::I;::tm§înî::AAIt.:'gf:m~:::t9MªWf, mn:::::IIŒWhi:::;i!lí¥:::§.:::§.¡YfI1bf,'::ñkñti::lg:':Sgl1i:tt::lit.J.:~PB1tñf.~:::I::m!:~:~.!Ili!§NA'I Igm~ª¡iU'§rIitgªiœnII1:i¡:IWf.fiI_t!¡i¡i:~ŒI::¡::lIill::::!m1)¡¡2t11:::::ml!;:::::II:lit~::~I*lIÆ¡I,1*1_ tf,Iti§É (1¥lt¡:t¡:l~tbtijg!i:::!gm:~:[§¡::p¡lªIIImlt~:¡pñ§r.;::!ªUªiII.rfJtf¡!m!::îªI!ñŸ::~mªrl.ßi@j !iIIIt¡m~:II:::pr§Y!ªtmI!ªª::¡:!f:mK:¡.~@fi::~B¡Upi@lmt(mEþ.ÿ.::m~¡:ª,li:::!!¡~rl~ttí~¡jpjlff&m l þ I I ~ .., ,-Tune 28, 1~94 473 1 þ.~Yª:~::iÄ!:::::Mrm:::£ª:::::ª!~çg*Hijµij:::::!!m4W:::~#.ª::::î~m&\@:::mr::g{jj::im:::::r#$!nm!!:::::!tiª:::::tªqg:Hf:!.¥mi.9.it::&t'!:::miiffil !mªY.i~::§;::m!::f§Mi$.p#~Kf%šti~fI!Ymi::i&:m!i::.¥t~~::m:!imËi::!!w::!!Ÿii::Jilit::!¥.m~im ~ø:::::::::::::::::::::::::~~m~w!o/ß~:~~ª::'Q;:¥ª~~~~ª:::~::::W~W~:::~9.~~~*-rp::t'~~¡ \i,~:::::::::IfIj::::tm~::::!glª:B~!lm2i§!mt.~::Jñ#.ìJÞ:iÆ::mi~gtp.!mª:ß1ti!~1t::!::::pim¡i:::::9!rmiI'_~àîj t~iMr*,rŒ!W!r::î*!i!Ñ~ImlBl*ªªAA:::t~ªtÉ&:::š!::imti:I.ª!ª::!!miç¡:pI1l§i:!iD:iälmp.f[:9;::li:::rtt:~11 ;!:::I~!Y~ª:::!8mkp!:::m9~~~~:::~~:::šêm1I::PÅii,$m.I::pBëpiBRi:::m:::mi@~.:::pt9.1iif.¡ 1),:::::::::::::::::::::::~~:::99!œtp;:!µ,Þm21:::m~t~:::PM:::~g!P.BRª¡HNmptlæi:::,ª:::§;:::~npã!§ñ;~9f::m'Jp.m Mti:::i#:$.Hmi!:::r#:¥:!§nÆi:::P!f~:]î§m;::ltl!:::ä§ê!t!1::f.#.ij9:::f:9t:::lç~!W§i~j!~ª§'§þpr:]!gml:::!.ti::::(.ª!ml)': W!~ii.::::::mg¡::::PQlª:::::pr::::~ªþ~~§ç¡::::::9!;f.ÊmfŒ!:::::¥f§9.!ª:::::~:::::m::::::fJ!tl!iSf::::::m¡~_:::::jf::::OOfit:::::çglìï¥!::::::itîØili g§Y'!BÞm!9.~:::!ijª:¡æ~~!t:¥f~mª:::$.I;~tit,;j:::~!mm$.iI:::imÞl*¥mm1f i!I!~I~h!ª:::r*,r::!:::?Z§t!p$þ.:¡I!mr::rnimi~ mM_ªmK@t@ipjlñ2n::!~Î!I::::::;mi::::f.i1iI~Rli&i~Ri:::r~:::i!::::li:::m::&¡::li{Wmm:::iiEWlRfififj \iflUi1.t::m::::§liß::::ppmt:::mwf.t::::!!rnÊ!::::~g:::&ªiIiq;Ymiit:::.ª!1B![:::Ë§ooi~ªp.#tfit:::."!'-lül*!t.lig~igi r.#'µß~i1::::t~i:::::(wñ!%.f::m::::ª~~um~ª::::!¥:::mm::::m1!Ig;:::~AAi~iI!9.ª::::!glì;î~:¡::9.!t~1[Ii~::::mmlf:t~Ulmriltl::::1 ãiid:JIW .;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ~!f:~M~!i!i~Ri::::riiÈ .tëi!ffi::::::iij!l~m9m:::r~::::1~:I:li!f.+.tm:::::!ã"::::Jjªqªi!I::I~Mgii::IË*g:~::iIª2mì'[::::~liií&l¡ ê¡Î4:!i!1::lip:@ifJ8¡;!!~iiit~mim!i!lî~r!::œ~Ÿ.ñI!~!:II¡:::B§mit~ $I!Ii:::~ ~if.!t.~EËi~ª!f!I:::rii lfR¡:mr:ãt.MII:!ZIBIYl:!Z2i: ::flif!g~œj:IIII1IIIIítIIII1:::;I!:ttïl4: 1- ~ II"'" 414 . . JUDe 28, 1994 þ ;r*è!~:.!! 1 00 i~Œ The director of finance is authorized to adj.lst utility charges arising from filling swimming pools with water when such water is not introduced into the sanitary sewer system. Any such adjustment shall be limited to once per year, and be for sewer charges only. The director of finance may promulgate regulations to implement this adjustment procedure. (e) Þl For those customers that are sewer customers only and do not have water meters, sewer is billed at an estimated usage of thirty thousand (30,000) gallons per month for commercial customers and eighteen thousand (18,000) gallons per quarter for residential service. Such rates or charges shall be based on the schedule of charges established in this Ordinance. N9. S2S9J 9. .i1¡i~ªgBi;:ff&gé!fÆ: {Ø,IdiIII1m!,}imiïii&§mf:iËB4Ii!@Xfgrrllliil!QY;lfllinilmiij.,I.,i.ªtñ~jJ;Iit. !_tfJ*9.ØirI.Ir:;Rîw.!::]ñ.IªjEFg§m[gºm;mrîf;t1~g~mEiI!.i§Y~ii§fiUjl¡iti~J;~[ftlMffiã'l. I l ~ ""1111 .. J~ne 28, 1994 475 1 1 m$ti~~!.:tg:::$,I~âºº;m::!ff~$BYi::~þ~~þ~t:::iI;:i::::iI;~~g~ ti,fl::¡¡¡¡¡¡¡¡¡:¡¡:¡:¡:¡¡¡rtt:¡:¡¡~mlm¡:¡:¡¡i~mmx¡:::n~m:::::fm::::ti¡æ;ª::::::§fit¥iäim:::::m~i.~~ñYi:::¡:::t~RI)':¡:UmflitI&IIli ~&~~~P.$.:::t.~j¡::¡:§!:::¡:§~j!W:lmª:::::p~r~f@::li::¡::~ff~ljY;~::::ª~!i:¡:]~;¡:::I~~¡j:j:þ,I~âËì¡j¡j¡jmjj¡jjmmjft!ttp.U.~IM1~Iji!i ~~Ÿ~nw1âYi:¡:¡,tRI~:::::P~;$iÀt:::pf:¡:m!:::1'imiIHÄij~?J~i~g:¡¡¡Štnfi_p'jt.~jI§ij&t::Ji£fªfi::::ðim~Illlj¡j1!.~Ænf P~!9.Ê::I)::mi::l'immiªir::m:::n§~::m!ªi:::§tl:::prI!%!9fi::ðµm~:::ªít::#~*:::liñ::¡li@i.._Œi:::!li!l::Ri;m! ª~ff~iBš~:::pjiYiiâ:::mi:::i9§mt::i.i¥1§H~~y:::g#~ª:::mq::mi::¡r~i::¡m¡:iff'=$Ê:::it¡:m!~::.i*¡::::¡¡ \µf)::::::::::::::::::::~wnir~4qIR!!ÊW,jt%::lim::n!Yì¡:¡¡!P.iª::HtIitt_lít:~~!i::::l~1!1:::::gt¡¡j¡ii:.ñ¡!§!::::iJ.!9 mª::¡¡Ã~Y~:::::li*=F¡:iYiÀw:t~11:¡:::~f.91~::¡::I~t$jp'~::¡:§r¡:li::::~~m$.::::flj::&!¡¡:¡tt:Iglª~%ij,ID4~t¡:::I~:¡:::::î~~t:::~.j¡j¡ii¥ ~~Y~n~ipYì::::~LBAAì¡¡¡¡i~rniñ;::::§Em!¡::fi.âI!iâà::¡$,ggqiº~:::t.~j::::§'itá¥.f:::RIª~:J'\H~~;:¡:ê:i.t¡¡î~g9*:¡::::¡:mifii.ni! ;jm!~tlm$.:::î~~r!nmJIlR~I:::mj::::ªm;~t~i$i::::p~iYiiâ¡:¡:liIi9§imt:::ittlID1~~¥:::lMiª::::W,jª::::mj:::¡fii¡::¡mlm~§ll(¡Ii! ~!æj~ tiy').¡¡¡:j:j:j::¡j:¡¡j¡¡:¡~jmì!.il~UË~f~:¡:m!!,::gm:::pmEê:¡prnnmtllft~!!i:¡:il!1¡¡&t:¡~igm.gjIi!mIqti §'f::j:!N~t::¡~þ~~þjN:~f.¡¡¡¡I:lret:::::~b!m::pim:::§!mmi.¡j¡j¡m911:¡¡:P!Ii.ßt:¡:¡gf¡¡mm:¡:¡itm.§il(~!¡:¡lj¡j¡iflitIjj¡mil tiri1¥:::itri(I:~~::¡:t~~~~~~:A~v~þ~:gY~:::Jf?~X:p~f:~~Þ~::ß~)~!::::I!:iþ:Qg:::I~!]:::ªª::::§!:::!~!~;~::::~¥..:::"lt¡;1~i~¡&r m!:::¡8mfi!miIfii::¡¡M1~m:Pi¡¡¡¡li::¡:ª!«fÊŠi$!::::Ri!l~!91JiÞ.¥::¡@!i,§mt:¡:jî~:ÃgñlUMi!~q¡¡¡¡~p'ªj¡j:li::::lfi::::llil,1¡:¡jil fJ:it¡:Pffii3 wm The provision of this Ordinance N\}. ã2~9J 9 and the rates established hereby shall be \... effective from and after July 1, 199J Jm¥:::í~:::¡~mf:. On motion of Supervisor Eddy to adopt the ordinance, and camed by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Ordinance to Rezone 2.34 Acres from R-3 to C-1 to Onerate a Trainina and DeveloDment Office, Located ~ II"'" 416 June 28, 1994 þ at 5670 Starkey Road, Cave SÞrina Maaisterial District, UÞon the Petition of Maureen E. PoÞlstein. (Terry Harrinqton, Planninq & Zoning Director) 0-62894-16 Mr. Harrington presented the staff report. He advised that the property is in a Core land use designation which encourages office type uses. The general area is a mix of R-3, R-1 and C-1 uses. staff did not recommend any proffers. The Planning Commission recommended approval of the request. There was no discussion and no citizens were present to speak on this Supervisor Minnix moved to adopt the ordinance. motion carried by the following recorded vote: The 1 issue. AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62894-16 TO CHANGE THE ZONING CLASSIFICATION OF A 2.34 ACRE. TRACT OF REAL ESTATE LOCATED AT 5670 STARKEY ROAD (TAX MAP NO. 87.19-3-38, 39) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 ·TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF MAUREEN E. POPLSTEIN WHEREAS, the first reading of this ordinance was held on May 24, 1994, and the second reading and public hearing were held June 28, 1994; and, WHEREAS, the Roanoke County Planning commission held a II public hearing on this matter on June 7, 1994¡ and, l \'.'. "'l1lI ~ June 28, 1994 . 4'17 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 2.34 acres, as described herein, and located at 5670 Starkey Road, (Tax Map Number 87.19-3-38, 39) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density MUlti-Family Residential District, to the zoning classification of C-1, Office District. 1 2. That this action is taken upon the application of Maureen E. Poplstein. 3. That said real estate is more fully described as follows: I BEGINNING at a point on the westerly side of Starkey Road, Va. Route 119, said point being 304.4 feet north of the southerly side of a 30-foot road; thence with the easterly side of Route 119, N. 24 deg. 19' E. 151.0 feet to a point; thence N. 27 deg. 19' E. 39.0 feet to a point; thence leaving Route No. 119 and with the line of the property of the Central Baptist Church of Starkey, Virginia, S. 68 deg. 12' E. 902.0 feet to a point on the line of Lot 15; thence with the line of Lot 15, S. 24 deg. 05' W. 210.0 feet to a point on the line between Lots 12 and 13; thence with the line of Lot 15, N. 65 deg. 55' W. 500.0 feet to the place of Beginning, and being all of Lot 12 and a part of Lot 11, Section 3, Map of Southern Pines, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in Plat Book 2, page 136. j II"'" 44S June 28, 1994 þ 4. That this ordinance shall be in full force and effect thirty (30) days after its final"passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None an Existina 20-Foot Sanitary Sewer Easement and to 1 .L. ordinance Authorizina the Vacation of a Portion of Accent a Relocated Portion of Same Easement, Located on Lot 1, Block 2, section 1, Lakeland Farms. (Garv Robertson, utility Director) 0-62894-17 There was no discussion and no citizens were present to speak on this issue. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62894-17 AUTHORIZING THE VACATION OF A I PORTION OF AN EXISTING 20-FOOT SANITARY SEWER EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME l '--. ~ ~ June 28, 1994 479 EASEMENT ACROSS LOT 1, BLOCK 2, SECTION 1, LAKELAND FARMS WHEREAS, by Deed dated March 1, 1977, Ezera E. Wertz and Elsie M. Wertz conveyed to the Roanoke County Public Service Authority (predecessor in title to the Board of Supervisors of Roanoke County, Virginia), a sewer line easement, twenty feet (20') in width, across a tract of land owned by the Wertz's, in connection with the sewer system designated as "Interceptor from Nottingham Hills to Castle Rock West, Section 1"; and, WHEREAS, Lakeland Developers, Inc. , subsequently subdi vided and developed a portion of said tract of land into Section 1, Lakeland Farms, as shown upon the plat dated November 1 17, 1977, made by T.P. Parker & Son, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 123; and, WHEREAS, the above-described 20' sewer easement is referenced, but incorrectly shown upon the subdivision plat as an "existing 15' san. sew. esmt."¡ and, WHEREAS, the petitioners, Shelton Parker Spencer, II, and Linda Taylor Spencer, husband and wife, are the owners of Lot 1, Block 2, Section 1, Lakeland Farms¡ and, WHEREAS, a recent survey of said property reflects that the residential dwelling located thereon encroaches upon the north side of the 20' sanitary sewer easement; and, I WHEREAS, the petitioners have requested that the Board of Supervisors of Roanoke County, Virginia, vacate the northern ...4 II'" 480 June 28, 1994 þ 2.5 feet of the sanitary sewer easement and accept in exchange an additional 2.5 feet for sanitary sewer easement purposes on the southern side of the existing easement for a total width of twenty feet (20'); and, WHEREAS, the relocation has been accomplished without cost to the County and meets the requirements of the utili ty Department. THEREFORE., BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first 1 reading of this ordinance was held on June 14, 1994; and a second reading and public hearing was held on June 28, 1994; and, 2. That pursuant to the provisions of section 16.01 of the Charter of Roanoke County, the subject real estate (easement) is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses; and, 3. That, conditioned upon the exchange as hereinafter provided, the northern 2.5 feet of the 20' sanitary sewer easement ~cross Lot 1, Block 2, Section 1, Lakeland Farms, in the Windsor Hills Magisterial District, owned by Shelton Parker Spencer, II, and Linda Taylor Spencer, husband and wife, be, and hereby is, vacated; and, 1 l ~ ~ ": ~ June 28, 1994 481 1 1 4. That, in exchange, acquisition and acceptance of an additional 2.5 feet for sanitary sewer easement purposes on the southern side of the existing easement for a total width of twenty feet (20') be, and hereby is, authorized and approved; and, 5. That, as a condition to the adoption of this ordinance, all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioners, Shelton Parker Spencer, II, and Linda Taylor Spencer, or their successors or assigns; and, 6. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h Ordinance Amendina the Roanoke County Code bY the Enactment of Sec. 4-4, Definitions, Sec. 4-5, Recirculation System, Sec. 4-6, Water Treatment, Sec. 4-7 Water Sunnlv Systems, Sec. 4-8 sewaq'e ~ II"'" Ú:~'~:': 482 June 28, 1994 ): .;~, -,' ,,~';:, þ DisÞosal, Sec. 4-9, General Safety provisions, Sec. 4-10, ODeration,· Sec. 4-11, Security, and Sec. 4-12, Safety and Rescue Eauinment: other Safety Features, and Sec. 4-13, Entrv and Insnections, Enforcement, Penalties to Article I. In General of ChaDter 4, Amusements to Provide Authoritv for Health DeÞartment InsÞections of PUblic Swimmina Pools and a Schedule of Fees. 0-62894-18 Mr. Mahoney advised that there had been changes made to the ordinance since the first reading to clarify definitions. Richard Tabb with the Health Department was present to answer 1 questions. There were no citizens present to speak on the issue. Supervisor Nickens moved to adopt the ordinance with the chang3s recommended by Supervisor Eddy. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 62894-18 AMENDING THE ROANOKE COUNTY CODE BY THE ENACTMENT OF SEC. 4-4, DEFINITIONS, SEC. 4-5, RECIRCULATION SYSTEM, SEC. 4-6, WATER TREATMENT, SEC. 4-7 WATER SUPPLY SYSTEMS, SEC. 4-8 SEWAGE DISPOSAL, SEC. 4-9, GENERAL SAFETY PROVISIONS, SEC. 4-10, OPERATION, SEC. 4-11, SECURITY, SEC. 4-12, SAFETY AND RESCUE EQUIPMENT: OTHER SAFETY FEATURES, AND SEC. 4-13, ENTRY AND INSPECTIONS, ENFORCEMENT, PENALTIES TO ARTICLE I. IN GENERAL OF CHAPTER 4, AMUSEMENTS TO PROVIDE AUTHORITY FOR HEALTH DEPARTMENT INSPECTIONS OF PUBLIC SWIMMING POOLS AND A SCHEDULE OF FEES. WHEREAS, Sec. 32.1-248.1 of the Code of Virginia, 1950, as amended, authorizes the state Board of Health to promulgate I l ~ ~.; ", .., June 28, 1994 483 1 I regulations to require the daily posting of water quality test results at swimming pools and other water recreational facilities operated for public use, and said Board has submitted such regulations for public hearing and comment as a precondition for its adoption of those regulations; and WHEREAS, by Ordinance No. 2826, adopted effective April 14, 1981, the Roanoke County Board of Supervisors deleted the entire Chapter 18, "Swimming Pools," of the Roanoke County Code upon the understanding that their previous adoption of the provisions of the Virginia Uniform Statewide Building Code superseded the county code provisions dealing with construction of swimming pools; and WHEREAS, the mentioned Chapter 18, "Swimming Pools" also contained Article III. "Operations" provided standards for operati'?n of swimming pools and criteria for their inspection; and WHEREAS, it is in the interest of the pUblic health and safety of the citizens of the County of Roanoke, Virginia to continue annual inspections of swimming pools by the Roanoke County Health Department; and WHEREAS, the first reading of this ordinance was held on May 24, 1994; a public hearing and second reading was held on June. 28, 1994. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: ~ II'" 484 .lqqe 28, 1994 þ 1. That Article I. In General of Chapter 5, AMUSEMENTS of the Roanoke County Code be amended as follows: Sec. 4-4. Definitions. 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: Aqent: Shall mean a legally authorized representative of the owner; Disinfectant: Shall mean the chemical that disinfects by inhibiting, neutralizing, or destroying the growth of harmful microorganisms; Free residual disinfectant: measurable chemical remaining disinfection; Health Director: Shall mean the H~alth Director of the Roanoke County - Vinton Health Department, or his authorized Shall mean the in the water amount of following I representative; Operator or Manaqer: individuals responsible for operation and swimming pool; Owner: Shall mean any person who owns, leases or has signed a contrac~ to own or lease a public swimming pool; Swimminq Pool: Shall mean any structure, basin chamber, or tank, located either indoors or outdoors, containing an artificial body of water intended to be used for swimming, diving Shall mean the individual management of or the I l ..... t ",'J' , ~ J uße 28, 1994 485 or recreational bathing, and having a water depth of 24 inches or more at any point. A spa or hot tub regulated under Article VI "Spas and Hot Tubs" of this Chapter shall be excluded. 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 concessionaire, regardless of whether a fee is charged for such use. The term "public swimming pool" includes, but is not limited to, tourist establishment pools, pools owned or operated by condominium, private club or association of persons, apartment, I or any association of persons. The term "public swimming pool" shall not include single occupant tubs and showers used exclusively for therapeutic purposes. Sec. 4-5. Recirculation Systems. (a) All equipment shall be maintained in satisfactory operating condition during the operation of a swimming pool. (b) The filtration system of all swimming pools shall have sufficient clarifying capacity so as to permit the main drain to be clearly visible from the pool deck at distances up to 10 feet in a horizontal direction from the projection of the drain on the pool surface. I (c) All filters on swimming pools shall be designed and installed so as to provide easy accessibility for backwashing, operation, maintenance, and servicing. ~ II'" 486 June 28, 1994 (d) All filters on swimming pools shall be designed and installed wi th the necessary valves and piping which may be needed to drain the filters and piping completely. (e) A permanent waterproof specification placard shall be conspicuously displayed on or adjacent to the filter and shall be adequately lighted. Specifications shall be printed or typed and readily legible. The following information shall be included on þ the placard: (l) name and location of facility; (2) date of construction; (3) capacity of gallons; (4) water surface area in square feet (square meters); (5) turnover rate in hours; (6) rate of flow in gallons per minute; (7) swimmer capacity; I (8) pool operating procedures to include: a. instructions on proper operation of pumps and filter; b. instructions on proper cleaning procedures; c. instructions procedures; proper backwashing on d. instructions for emergency procedures to be followed in case of contact with hazardous chemicals. Sec. 4-6. Water Treatment. (a) Pools, when open or in use, shall be disinfected continuously by a chemical disinfectant which imparts a residual effect and shall be maintained in a non-acidic condition. (b) Pools, when open or in use, shall be disinfected using a chemical feeding device capable of maintaining an easily measured disinfectant residual. :> Manual feeding of disinfectant l I , : >~~!>'(f~d;; ~/ ...... June 28, 1994 487 ~ chemicals is prohibited except as provided in §4.9(a}, (3) & (4). (c) Chemicals ( other than chlorine, bromine, sodium hypochlorite, calcium hypochlorite, muriatic acid, lime, soda ash, sodium bicarbonate, aluminum sulfate, calcium chloride, cyanuric acid and sodium bisulfate shall not be used to treat pool water without permission from the Health Director. (d) Chemical water quality standards for swimming pools and wading pools: (1) Free chlorine, combined chlorine, bromine and pH values shall be continuously maintained within the following ranges: Minimum Ideal Maximum 1 Free chlorine residual parts per million (ppm) 1.0 1.0-1.5 3.0 Combined chlorine (ppm) None None 0.2* Bromine (ppm) 2.0 2.0-4.0 4.0 pH 7.2 7.4-7.6 7.8 *Remedial action shall be taken by the operator if combined chlorine exceeds 0.2 ppm as it will result in reduced chlorine efficacy and increase swimmer irritation. a. If pool water disinfectants other than those above are used, residuals of equivalent disinfecting strength shall be maintained. b. If chlorinated cyanurates are used as pool water disinfectants, the cyanuric acid levels shall be maintained within the following ranges: Maximum Minimum Ideal 1 Cyanuric Acid (ppm) 30 40-50 60 ~ ".. 4S8 June 28, 1994 þ (e) Pool water shall be maintained in a slightly basic condi tion as indicated by a pH of not 'less than 7.0 and not greater than 8.0. (f) Pool water shall have a total alkalinity of not less than 50 ppm and not greater than 150 ppm or a water balance between total alkalinity and calcium hardness that is neither scaling or corrosiv~. (g) other disinfectant agents or methods may be accepted after they have been demonstrated to provide the equivalent disinfection of chlorine and are readily measurable. (h) Test Kits: Acceptable test kits for the Gasy measurement of all required water chemistry parameters in these regulations shall be provided and maintained at each pool. The test kits shall be capable of measuring the disinfectant residuals accurately to within 0.5 ppm. (i) Microbiological Test: When the Health Director determines that bacteriological samples are required, the quality of water in the pool shall be determined to be unacceptable by I the presence of organisms of the coliform group, or a standard plate count of more than 200 bacterial per milliliter, or both, in two consecutive samples or in more than ten percent of the samples in a series. Sec. 4-7. Water Supply systems. (a) Water supply systems serving swimming pool establishments shall comply with the Waterworks Regulations and/or Private Well Regulations. (b) The water supply distribution system shall be designed, constructed, and maintained in compliance with the Virginia Uniform statewide Building Code. (c) ~ere drinking fountains are provided, they shall be of an angle jet type with adequate water pressure at all times. Sec. 4-8. Sewage Disposal. (a) swimming pools which have showers, water closets, and I l .;"~,.,,,,~~~:\.,}:~¡-. r* .,' :~\~~ :t :-:: 'r''', ;,:: f "'l1lI ~ June 28, 1994 1 489 lavatories shall provide an adequate and safe sewerage system. (b) Sewage and waste water shall be disposed of into a public sewerage system or by a sewage system constructed and operated in accordance with applicable law and regulations. (c) No untreated or partially treated sewage, liquid waste, or septic tank effluent shall be discharged directly or indirectly onto the surface of the ground or into the public waters. Sec. 4-9. General Safety Provisions. (a) All chemicals, cleaning compounds and similar materials shall be stored in a cool, dry, and well ventilated place, out of 1 reach from children and preferably in a locked room. All chemicals used in pool water treatment shall be stored in their original containers. (l) There shall be no smoking in any areas whére pool chemicals are stored. (2) All persons while handling pool chemicals which may be strongly acidic or basic, or which may be strong oxidizing agents, shall wear protective eyewear and other protecti ve clothing as deemed necessary by the Health Director. (3) No harsh or irritating chemical in concentrated form shall be added manually and directly to any pool water except under emergency conditions. I (4) Whenever it is necessary to add any harsh or irritating chemical in concentrated form directly into the water of any pool, use of the pool shall be stopped until such time as the chemical is dissolved completely in and is diffused thoroughly throughout the pool water. (5) All persons before handling pool chemicals shall read thoroughly the manufacturer's recommendations ~ II'" 49.0 June 28, 1994 þ for proper use recommendations. and adhere to those (6) Disinfectants and oxidizing chemicals shall be stored in a physically separate manner from other chemicals such as acids or base compounds. 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) pools of 2,000 square feet of surface area or more and open for use - minimum of one (1) lifeguard; (2) (3) each additional 1,000 square feet lifeguard. pools of 2,000 square feet or more shall provide 1 lifeguard for every 75 swimmers and 1 lifeguard for each 25 swimmers thereafter. add 1 I (4) pools with a surface area of less than 2,000 square feet, anC/or having less than 75 swimmers present shall be required to provide a designated supervisor to oversee swimmer acti vi ty provided, however, that a sign is posted as follows: "Warning; No Li~equard on Duty. Children under the age of 14 should not be allowed to use the pool without an adult in attendance." (5) pools of less than 1,000 square feet may be used without a designated lifeguard if 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. no one shall be allowed to be in the pool alone; c. a sign be posted exactly as stated in (b) (4) above. I l : -;',' ~ ~ June 28,1994 491 (c) Operators shall be required to possess a current certification meeting the current standard for a pool operator as recommended by the National Swimming Pool Foundation or other accredited agency recognized by the Health Director. Lifeguards shall be required to possess a current certification meeting the current standard for a lifeguard as recommended by the National Recreation and Park Association, the American Red Cross or other accredited agency recognized by the Health Director. (d) 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 1 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: a. all chemicals added, including quantity and time added - as needed; b. personnel and changes in personnel necessary; as c. injuries - as necessary; d. maintenance operations including backwashing and vacuuming - as necessary; e. disinfectant levels - every three (3) hours; 1 f. pH balance - every three (3) hours; g. stabilizer - weekly; h. alkalinity and calcium hardness - weekly. (e) swimmer load shall not exceed a density of one (1) ~ II'" 492 June 28, 1994 þ 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. Swimming facilities shall be maintained in a manner which will not create a nuisance or hazard to the public safety and well-being when not in use, and the pool area shall be adequately secured against entry by the public in general. The impounded water shall, at all times, be treated in a manner which will prevent the growth of algae and the breeding of mosquitoes or I other vermin. 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 condition. Sec. 4-12. safety and Rescue Equipment; other safety Features. (a) Every swimming pool shall be equipped with the following aids to safety and rescue which shall be readily accessible at all times: _(1) One (1) or more light but strong poles with blunted ends not less than 12 feet in length. (2) One or more throwing buoys having a minimum strength test line attached of sufficient length I to reach twice the width of the pool, placed on racks at strategic points adjacent to the pool. ~ "l1li June 28, 1994 493 ~ (3) A first aid kit which shall be kept filled and readily accessible for emergency use. (4) A readily accessible room or area designated and equipped for emergency care of casualties. Minimum equipment shall be the first aid kit previously required, a full-length backboard and 2 blankets. (5) A telephone with local emergency numbers for Police, Rescue Services and Fire Department. (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 5 inches in size and of a good contrast with the pool wall and deck. Depth markers shall be placed at the following locations: a. at the points of maximum and minimum depths; 1 b. at the point of change of slope between deep and shallow portions (transient point); c. at intermediate one foot increments of water depth; and I d. if the pool if designed for diving, at appropriate points as to denote the water depths in the diving area. (7) Fixed and floating platforms in swimming pools shall be constructed with an air space of at least 1 foot between the water surface and the underside of the platform. (8) There shall be one (1) lifeguard chair provided for every two thousand (2,000) square feet of water surface area within the pool enclosure, except for pools exempt from lifeguard requirements as provided in §4-10(b} (5). (9) A life line shall be provided at the 5 foot break in grade between the shallow and deep portions of the swimming pool, or wi thin 6 inches on either side of the break, with its position marked with j II'" ~ June 28, 1994 þ visible floats at not greater than 7 foot intervals. The life line shall be securely fastened to wall anchors of corrosion resistant materials and of a type which shall be recessed or have no projection which shall constitute a hazard when the line is removed. The line shall be of sufficient size and strength to offer a good handhold and support loads normally imposed by swimmers. (lO) Swimming pools equipped with heaters shall have a fixed thermometer in the circulation line at the heater inlet. Thermometers shall be of such design and so located as to be easy to read. (ll) Where pools are to be used after dark, the swimming pool area shall be equipped with lighting fixtures of such number and design as to light all parts of the pool, the water therein, and the entire surrounding area. Fixtures shall be maintained so as to create no hazard to the swimmers. The lighting shall be such that I lifeguards can clearly see every part of the swimming pool including decks, spring boards and other appurtenances without being blinded by glare. a. Underwater lighting for such pools shall provide the equivalent ~f eleven (ll) watts per square meter or one (l) watt per square foot of water surface for safety purposes and shall be equipped with ground fault circuit interrupters (GFCI) as required by the State Electrical Code. (l2) Pumps, filters and other .mechanical and electrical equipment for pools shall be enclosed in such a manner so as to be accessible only to authorized persons. Drainage shall be such as to avoid the entrance and accumulation of water in the vicinity of the electrical equipment. (b) The crossing of outdoor swimming facilities by overhead electrical conductors is prohibited, except as permitted by the (c) All metal fences or railings on which a broken I State Electrical Code. l ~ 1 I . ,.;;, >{",. ,¡.--. ~ ~ June 28, 1994 495 electrical conductor might fall shall be effectively grounded according to the state Electrical Code. (d) All lighting fixtures shall be prohibited directly above the water surface area except as permitted by the state Electrical Code, and shall be protected in a manner which will prevent broken glass from falling on any surface within the pool area. All electrical switches and receptacles shall be of weatherproof construction and resistant to corrosion. (e) Lights shall be prohib~ted directly above or within three feet horizontally of the pool rim in any indoor or covered swimming pool, except as permitted in the state Electrical Code. (f) Access to the pool area shall be maintained and unobstructed to provide for emergency service vehicles and emergency attendants to the pool area. 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 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 Health ~ II'" 496 June 28, 1994 þ Director shall approve. Each application shall be accompanied by a fee in the amount of One Hundred Dollars ($100.00) to partially reimburse the county for the cost of this inspection. (b) When the Health Director finds that the provisions of this Article are not met or 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 corrected. Continued failure to comply with 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 II have the right to appeal therefrom to the circuit Court of the County of Roanoke, Virginia. (c) Any owner, agent or operator in charge of or control of any public swimming pool which is in violation of the provisions of sections 4-4 through 4-12 shall be guilty of a Class 4 misdemeanor. Any owner, agent or operator who shall operate a public swimming pool without a license or permit shall be guilty of a Class 1 misdemeanor. Each day of operation of such pool without a valid license or permit shall constitute a separate offense. 2. This ordinance shall be effective from the date of its enactment. On motion of Supervisor Nickens to adopt the ordinance, and I l "'l1lI ...;e. June 28, 1994 497 ¡":;" L ;,\;, ~ ~ . carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None .L.. Resolution To Join the Virainia Association of counties Risk Pool VACoRP) for the Sole purnose of purchasina Reinsurance and Third Party Administrative Services. (Diane Hvatt, Director of Finance) R-62894-19 Ms. Hyatt advised that membership in VACoRP will be for the sole purpose of purchasing reinsurance and using their third party administrative services. Mr. Mahoney explained that the 1 county sent a letter to VACoRP that will limit membership to purchasing insurances, and we have received the necessary assurances in writing from VACoRP. No other contributions will be necessary. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 62894-19 TO JOIN THE VIRGINIA ASSOCIATION OF COUNTIES RISK POOL FOR THE SOLE PURPOSE OF PURCHASING REINSURANCE AND THIRD PARTY ADMINISTRATIVE SERVICES WHEREAS, the County of Roanoke, Virginia ("County") desires 1 to protect against liability claims and property losses and to provide for payment of claims or losses for which the County may be liable; and ...4 II'" 49B June 28, 1994 WHEREAS, the Virginia Association of Counties Group Self Insurance Risk Pool, aka VACoRP, has been established pursuant to Chapter 11.1( 15.1-503.4:I ct seq.} and Title 15.1 of the Code of Virginia. WHEREAS, it is desirable for the County of Roanoke, Virginia to join the Virginia Association of Counties Group Self Insurance Risk Pool in order to purchase reinsurance and third party administrative services; NOW, THEREFORE, BE IT RESOLVED that the governing body of the County of Roanoke, Virginia hereby agrees to the member agreement entitled "Member Ag::-eement for Virginia Association of Counties Group Self-Insurance Risk Pool" with modifications which creates a group fund to pay liability claims and property losses of the counties and other local agencies joining the Group, and we acknowledge we have received a copy of the pertinent Flan and supporting documents. The County of Roanoke joins the Pool for the sole purpose of purchasing reinsurance and third party administrative services. The County will be placed on a stand alone reinsurance contract apart from the VACoRP program. BE IT FURTHER RESOLVED that the County Administrator is authorized to execute the member agreement to join the Virginia Association of Counties Group Self Insurance Ris~ Pool and to act on behalf of the County of Roanoke, Virginia in any other matter relative to the Group. On motion of Supervisor Nickens to adopt the resolution, and l þ I I ~ "'l1lI June 28, 1994 499 1 I carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: WORK SESSION .L. Chanaes to the Solid Waste Ordinance Mr. Myers reported that in the past, bulk and brush material have been collected on a regularly scheduled, once-per-month basis. On January 25, after several discussions regarding the need for more frequent collection, the Board approved a new bulk and brush collection program. Under the new system, residents will call for this service. Depending on the day of the month when the call is made, a pickup will be scheduled within a period of two days to two weeks. Each route will have a specif ic schedule. Mr. Myers reviewed the rules that residents would have to follow, and emphasized the important of adherence to th~ rules in order to ensure the success of the program. Mr. Hodge advised that other issues to resolve were the. refuse collection service on private roads and citizen complaints about damage to these roads; and the continuation of refuse collection to condominiums and townhomes. currently, the County provides service to about half of these. In response to questions from the Board, staff advised that they plan a publicity campaign to inform the pUblic about changes to bulk and brush collection; and they felt it was very important to encourage the citizens to follow the regulations. ~ II"'" 500 June 28, 1994 Following discussion, it was the consensus of the Board to: (l) implement bulk and brush collection procedures for six months' trial basis and staff was directed to provide adequate publicity of changes; (2) continue to fix private roads damaged by re~use collection up to a cost of $2,000 per year; and (3) offer rear loader collection to condominiums and townhomes. IN RE: OTHER BUSINESS .L. Sinale-Wide Mobile Homes Mr. Hodge reported there was an elderly lady who lives in a mobile home. She would like to replace it with a new single-wide mobile home but~has been advised that the County ordinance allows only double-wide mobile home. She cannot afford a double-wide, and because she lives alone has no need for the additional space. She has asked the County for assistance. Planning and Zoning Director advised that the only solution would be to amend the Zoning Ordinance. Staff was directed to bring back on August 23, 1994 a proposed ordinance that would allow replacement only of a single- wide mobile home with another single-wide mobile home. h Sewaae Treatment Plant Mr. Mahoney updated the board on the contract discussions concerning the sewage treatment plant. IN RE: ADJOURNMENT / At 8: 57 p.m., Supervisor Minnix moved to adjourn. The l þ , I I June 28, 1994 ~ "'l1lI 501 motion carried by a unanimous voice vote. Submitted by, AZß. Lee B. EddY'C~ ~'~OL~¿^- Mary H. Allen, CMC Clerk to the Board 1 ~ II'" 502 June 28, 1994 þ This page left blank intentionally l I I