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Home My WebLink About8/24/1993 - Regular ~ August 24, 1993 503 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 August 24, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the first regularly scheduled meeting of the month of August, 1993. I IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Super~isors Bob L. Johnson, Edward G. Kohinke, Sr., Harry C. Nickens (Arrived 3:30 p.m.) MEMBERS ABSENT: None STAFF PRESENT: 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 I The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was ..oIIJ ,... 504 AUgust 24, 1993 recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Minnix announced that the Roanoke County Fire and Rescue Chiefs Board had withdrawn their request to speak under Citizens Comments during the evening meeting IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Resolution of ADDreciation to Clifford and Bettv Rhodenizer for Desiqninq the Roanoke County Seal. R-82493-1 Chairman Minnix presented the resolution to Mr. and Mrs. Rhodenizer. Supervisor Kohinke moved to adopt the resolution. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 82493-1 OF APPRECIATION TO CLIFFORD AND BETTY RHODENIZER FOR DESIGNING THE ROANOKE COUNTY SEAL WHEREAS, in 1968, Clifford Rhodenizer, a Virginia State Trooper and resident of Roanoke County, believed that the County of Roanoke needed an identity to distinguish it from the other Valley governments; and WHEREAS, Betty Rhodenizer designed a seal for the ~ ~ I I ""II1II August 24, 1993 505 I I y her husband; and WHEREAS, the seal depicts a Native American, representative of the people who hunted and fished in the Roanoke ~ Valley, along with the scenic beauty of the area; and WHEREAS, the Rhodenizers prevailed upon the Board of Supervisors to consider adoption of the seal as the symbol of Roanoke County; and WHEREAS, in June, 1968, twenty-five years ago, the seal designed by the Rhodenizers was officially adopted by the Roanoke County Board of Supervisors, and has been used since that time to identify Roanoke County. NOW, THEREFORE, Supervisors of Roanoke BE IT RESOLVED, that the Board of Virginia, County, expresses its appreciation to Clifford and Betty Rhodeni~er for designing the seal and for bringing their ideas to the County for consideration; and BE IT FURTHER RESOLVED, that the Board of Supervisors congratulates the Rhodenizers on the twenty-fifth anniversary of the adoption of the seal. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens L. Resolution of ADDreciation to Deidre Lee and Mike ~ ,... '50,6 Auqust 24, 1993 Zirkle for Their Actions on July 2, 1993. R-82493-2 Chairman Minnix presented the resolution to Ms. Lee. He advised that Mr. zirkle could not be present and his resolution will be mailed to him. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 82493-2 OF APPRECIATION TO DEIRDRE LEE AND MIKE ZIRKLE FOR THEIR ACTIONS ON JULY 2, 1993 WHEREAS, on July 2, 1993, Alana Nicole Fuller was at the Castle Rock Swim Club in Southwest Roanoke County when she began choking; and WHEREAS, Deirdre Lee, a resident of Roanoke County and a nurse at the Veteran's Administration Hospital, acted quickly and professionally to assist Miss Fuller, and through her actions was responsible for preventing a tragedy; and WHEREAS, Ms. Lee was aided in her 'efforts by Mike Zirkle, the lifeguard at the pool; and WHEREAS, .Ms. Lee and Mr. Zirkle should be commended for their immediate reaction to a potential life threatening situation, and for their willingness to help another individual without concern for their own well being. NOW, THEREFORE, BE IT RESOLVED, that the Board of ~ ~ I I ~ August 24, 1993 507 upervl.sors 0 Vl.rgl.nl.a, wl.shes to express its appreciation to DEIRDRE LEE and MIKE ZIRKLE for their quick response and assistance to Alana Fuller in her time of need. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens I ~ Recoqnition of ReceiDt of the Governmental Finance Officers Association certificate of Achievement for Excellence in Financial ReDortinq. Chairman Minnix presented a plaque to Diane Hyatt, Director of Finance, and a certificate of achievement to vincent Copenhaver, Chief Accountant. IN RE: NEW BUSINESS h Request for Resolution of SUDDort for a Grant ADDlication to the Virqinia Recreational Trails Fund Proqram. (Jim Jones, Assistant Director of Parks) R-82493-3 I Mr. Jones reported that this grant program provides funds for recreational trails and trails-related facilities and is administered by the Department of Conservation and Recreation ~ ,... 508 August 24, 1993 ~ (DCR) . DCR has given preliminary approval to the County for a grant to improve a greenway between Stonebridge Park and Goode Park. The total grant request is $4,000 and the County's cost is anticipated not to exceed $11,000 for inkind expenses. Supervisor Kohinke moved to adopt the resolution of support for the grant application. The motion carried by the following recorded vote: : AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 82493-3 APPROVING THE SUBMISSION OF VIRGINIA RECREATION TRAILS FUND APPLICATION. BE IT RESOLVED, By the BoaFd of Supervisors of Roanoke I County, Virginia: WHEREAS, in accordance with Virginia Department of Conservation and Recreation, it is necessary that a request by resolution be received from the local government in order that the Virginia Recreation Trails Fund program provide a grant for a trail project at in the County of Roanoke, Virginia. WHEREAS, the County of Roanoke is submitting an application for a recreational trail project at Goode Park. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia requests that the Virginia Department of Conservation and Recreation accept the application for BE IT FURTHER RESOLVED, that the County of Roanoke, I improvement of the greenway at Goode Park. ~ ~ August 24, 1993 509- Virginia, hereby agrees to pay direct labor cost for planning and design, right-of-way, and construction of these projects, and that, if the County of Roanoke, Virginia subsequently elects to cancel this project, the County of Roanoke, Virginia hereby agrees to reimburse the Virginia Department of Conservation & Recreation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None I ABSENT: Supervisor Nickens I ~ Request for Financial SUDDort of the 1993 Alonzo staqq Bowl in Salem, Virqinia. (Tim Gubala, Director of Economic DeveloDment) A-82493-4 Mr. Gubala advised that the City of Salem has secured a bid to host the Division III NCAA National Championship Amos Alonza stagg Bowl football game in Salem for the next three years. A regional effort is being organized to support the games which will be covered nationally. The Tournament Committee has requested sponsorship funds from the County. Mr. Gubala advised that there are two alternatives: (1) A Game Day Brunch at a cost of $3,500; or (2) A silver Corporate Patron Package for ..oIIJ ,... ~10 ¡ August 24, 1993 $2,500. Staff recommended the $2,500 sponsorship and recommended that these funds be included in future budgets allocated from the Transient Occupancy Tax receipts. Supervisor Johnson moved to a $2,500 approve contribution from the Economic Development Budget. carried by the following recorded vote: The motion AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Authorization to ADDly to the VPSA for Fall 1993 Financinq of Proiects (Diane Hyatt, School Director of Finance) R-82493-S Ms. Hyatt advised that on November 17, the Board approved relocation of the School and County administrative offices and a plan to include $2,310,000 in the Fall 1993 VPSA Bond Sale for additions to Northside High School and renovations to the Occupational School. Applications are due to the VPSA by September 9, 1993, and should include a resolution from the School Board and Board of Supervisors approving the application. The School Board adopted their resolution on August l2 and staff requested adoption of a similar resolution by the Board of Supervisors. Ms. Hyatt reported that the current interest rate is between 5 and 6 percent at the present time. Supervisor Johnson moved to adopt the resolution. The ~ ~ I I I I ~ August 24, 1993 51:1",~ motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 82493-5 AUTHORIZING APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) FOR FALL 1993 FINANCING OF SCHOOL PROJECTS 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 debt and issue general obligation bonds of the County in an amount not to exceed $2,310,000 to finance certain capital improvements for public school purposes ("Bonds") 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 authorized and is directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1993 VPSA bond sale. :..~ 2. This resolution shall take effect immediately. " On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Consideration for Additional VDOT Revenue Sharing ..... ,... 512 August 24, 1993 proiects for Fiscal Year 1992-93. (Arnold covey, Director of Enqineerinq & Inspections) A-82493-6 Mr. Covey advised that the revenue sharing money requested by counties in 1992-93 was less than $10,000,000 which was allocated by the state, and VDOT has advised that 13 counties are eligible to apply for the unused allocation. Roanoke County may apply for an additional $400,000. Mr. Covey explained that staff and VDOT have prepared a priority list of projects to add which equal $400,000. They are (1) West Main street matched with Bond Funds; (2) Colony Lane; (3) Sierra Drive; (4) Franklin Road; (5) Buckland Mill Road; (6) Drake circle; (7) Irondale Circle; and (8) Bradshaw Road. Priorities 5, 6, 7, and 8 would be funded with matching funds fr~m private contributions. staff recommended approval of the project list with $115,000 appropriated from the Unappropriated Balance for projects that don't have matching funds. Supervisor Eddy suggested that Priorities 2 and 3 be matched with funds from the bond issue. He moved to approve an appropriation of $25,000 for the remaining project, and to approve the priority list as recommended but that funds for Priorities 2 and 3 be appropriated from bond funds. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ ~ , .¡..-~, I I ~ August 24, 1993 513 .; ~ IN RE: REQUESTS FOR WORK SESSIONS h Request for Joint Work Session with the School Board on September 14 to Discuss Capital Planning. (Diane Hyatt, Finance Director) Supervisor Nickens moved to set a work session with the School Board on Capital Planning for September 14, 1993. The motion carried by th~ following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None Dr. Wilson, Superintendent of Roanoke County SChoòls, described the work session. Supervisor Eddy asked that I information be provided in advance of the work session. Supervisor Johnson asked for a new printout on the debt service. IN RE: REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading and set the public hearings for September 28, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Ordinance to rezone 0.85 acres from R-1 to C-2 and obtain a Special Use Permit to Operate a Used Automobile Dealership, Located at the South Side of Peters Creek Road West of the North Park Office Complex, Hollins Maqisterial District, Upon the Petition of William L. Hite. I ..oIIJ ,... 514 August 24, 1993 ~ Ordinance Authorizinq a Special Use Permit to Expand Northside Hiqh School, located at 6758 Northside Hiqh School Road, Catawba Maqisterial District, Upon the Petition of the School Board of Roanoke county. ~ Ordinance Authorizinq a special Use Permit to Erect a 152 foot Self-supportinq Broadcastinq Tower, located on Honeysuckle Road, 1.75 Miles from Intersection of Honeysuckle Road and Poor Mountain Road, Windsor Hills Maqisterial District, Upon the Petition of Appalachian Power Company. ~ Ordinance to Amend the Official Zoninq Maps bY the Adoption of Revised Flood Insurance Rate Maps Prepared by the Federal Emerqency Manaqement Agency to be Ef feet i ve October 15 , 1993 , and to Make Minor Amendments to section 30-74, Floodplain- Overlay District, of the Zoninq Ordinance to Reflect the New Maps, Upon the Petition of the Roanoke County Planninq Commission. IN RE: FIRST READING OF ORDINANCES h Ordinance Authorizinq the Lease Extensicn in Connection with Office Space in the New County Administration Center. (Paul Mahoney, County Attorney) 0-82493-7 Mr. Mahoney reported that Blue Cross has requested an extension of the lease for one month at a rental of $30,000 and has agreed to pay the rental of the extension of the County's lease at Brambleton Corporate Center through January 31, 1994. Mr. Mahoney requested that the second reading be waived in order to expedite execution of the agreement and payment of the funds. Supervisor Nickens moved to adopt the ordinance and waive the second reading. The motion carried by the following ~ ~ I I ~ August 24, 1993 515 ~ recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 82493-7 AUTHORIZING LEASE EXTENSION IN CONNECTION WITH OFFICE SPACE IN THE NEW COUNTY ADMINISTRATION CENTER WHEREAS, by Ordinance No. 52593-5, the Board of Supervisors of Roanoke County authorized the County Administrator. to extend the existing lease of 14,795 square feet of office space at the new County Administration Center to Blue Cross and Blue Shield of Virginia from June 1, 1993, through September 30, 1993, at $13,870.31 per month rental to be paid into an escrow I account with HCMF Real Estate for improvements to the Traveler's Building, plus payment of $3,548.65 per month to Peery Realty, Inc., for extension of the County's lease of office space at Brambleton Corporate Center through December 31, 1993; and, WHEREAS, Blue Cross and Blue Shield has requested an additional extension of said lease at a monthly rental of $30,000.00, and; WHEREAS, it would serve the public interest for the County to further extend said lease agreement; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the I first reading of this ordinance was held on August 24, 1993, and the requirement of a second reading was dispensed with by the ..oIIJ ,... ~16 August 24, 1993 affirmative vote of four-fifths of the members of the Board. THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the County Administrator is hereby authorized to further extend the existing lease of 14,795 square feet of office space at the new County Administration Center to Blue Cross and Blue Shield of Virginia for one month, from October 1, 1993, to October 31, 1993, at $30,000.00 per month rental to be paid into an escrow account with HCMF Real Estate for improvements to the building, plus payment of the monthly rental, currently $3,548.65 per month, to Peery Realty, Inc., for an additional one-month extension of the County's lease of office space at Brambleton Corporate Center. 2. That the County Administrator is hereby authorized to extend the lease of office space for County departments at Brambleton Corporate Center from Peery Realty, Inc., for a period of one month, from January 1, 1994, to January 31, 1994, with the monthly rental to be paid by Blue Cross and Blue Shield of Virginia. 3. That the County Administrator is authorized to execute the lease extension agreements on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish these transactions, all of which shall be upon form approved by the County Attorney. 4. That this ordinance shall be, and hereby is, ~ ~ I I ~ August 24, 1993 ,517 " effective from the date of its adoption on August 24, 1993. On motion of Supervisor Nickens to adopt the ordinance and waive the second reading, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Amendinq and Reenactinq section 12-34, Display of Decal GenerallY, of Article II. County Vehicle License of Cha~ter 12 of the Roanoke County Code to Expand the Requirement for Display of County Vehicle Decals. (Paul Mahoney, County I Attorney) Mr. Mahoney explained that this amendment would strengthen the ordinance to include failing to display a current county decal as well as operating the vehicle without a decal. He advised there would be minor wording changes to the ordinance at second reading. Supervisor Nickens moved to approve the first reading and set the second reading for September 14, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Amendinq and Reenactinq section 10-33, Real Estate Services, section 10-34, Professional Services, and Section 10-36, Personal and Business I ..... ,... 51',8 August 24, 1993 service Occupations, of Article I. In General, of Chapter 10, Licenses, to Exempt Gross Receipts Less Than $3,000 from Business License Tax Liability. (Paul Mahoney, County Attorney) Mr. Mahoney explained that this amendment would provide a business license exemption for small and part-time businesses, real estate services and professional services whose annual gross receipts are l'ess than $3,000. He reported there would be minor wording changes to the ordinance at the second reading. Supervisor Eddy moved to approve the first reading and set the second reading for September 14, 1993. The motion carried by the following recorded vote: AYES: Snpervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance Amendinq and Reenactinq Ordinance 82592- 12, The Zoninq Ordinance for Roanoke County by the Adoption of Certain provisions Concerninq Amateur Radio Towers in the various Zoninq Districts of the County. (Terry Harrinqton, Planninq & zoning Director) 0-82493-8 There was no discussion. David R. Jones, Jr. 5207 Burnt Quarter Drive, Vinton, spoke in support of the ordinance. ~ ~ I I ~ AUgust 24, 1993 5,1"9 ... 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 82493-8 AMENDING AND REENACTING ORDINANCE 82592-12, THE ZONING ORDINANCE FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN PROVISIONS CONCERNING AMATEUR RADIO TOWERS IN THE VARIOUS ZONING DISTRICTS OF THE COUNTY WHEREAS, on August 25, 1992, the Board of Supervisors of Roanoke County, Virginia adopted Ordinance 82592-12 which enacted a zoning ordinance for Roanoke County; and, WHEREAS, after the adoption of said ordinance, it was I determined that the Federal ·Communications Commission had issued certain regulations pursuant to federal law which may constitute a limited preemption of local regulation of amateur radio towers, and which may conflict with certain provisions of the zoning ordinance; and, WHEREAS, these amendments allow amateur radio towers in all districts, require a special use permit to exceed existing height limitations or to locate in residential districts, establish use and design standards, and modify standards for broadcasting towers; and, WHEREAS, the Planning Commission for Roanoke County held its public hearing on these amendments on June l, 1993, and I has recommended approval of an ordinance adopting these amendments to the Board of Supervisors of Roanoke County, ~ ,... 520 August 24, 1993 Virginia; and, WHEREAS, the Board of Supervisors considered these amendments at its meeting on June 8, 1993, and referred this matter back to the County's Planning staff to incorporate certain revisions to these amendments based upon extensive citizen comments; and, WHEREAS, the staff revised the proposed amendments based on the comments received to allow towers up to a set height in all districts by right, over which a special use permit would be required, and reduce the required setback from adjoining residences; and, WHEREAS, the staff met with representatives of the amateur radio operators on July 12, 1993 to discuss the proposed changes at which time there was general consensus on the reasonableness of the proposed zoning amendments, as modified; and, WHEREAS, in the interest of public necessity, convenience, general welfare, and good zoning practice, the Board of Supervisors hereby amends certain provisions concerning amateur radio towers in the various zoning districts of the County; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading and public hearing of this ordinance was held on July 27, 1993, and, the second reading was held on August 24, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke ~ ~ I I I I ~ August 24, 1993 521. County, Virginia, that the Zoning Ordinance for Roanoke County, adopted August 25, 1992, be, and hereby is, amended and reenacted, as follows: 1. That section 30-29-7, Miscellaneous Use Tvpes be amended by the addition and modification of the use type descriptions for amateur radio towers and broadcasting towers as follows: * * * * aW!B!:::::::::MB!:S::::::::ÆBffll:::::::::m::::::::::ð:::::::::Æ!Ðª9!HE!:::::::::gÐ:::::::::w#i!'8!1:::::::::~P;:::::::::~nl$ºni.! W!::::::::::::::::ìB!:li.!Æ:i:ª~:::::::::::::::!gl:::::::::::::::~Ii1::::::::::::::E9ÐR2!::§:::::::::::::::g!:::::::::::::::~E;:ºmpM¡:!;æng¡::::::::::::::;:º~ EªB:$!¡yjìBß.1:::::::;m:ªI~HE:::::::E~ª:æg:::::::!::æª:º~:mæ::::::::~Ð~8M:ª~:::::::~n~:::::::eE$:5~I£H;:::::'§M ;º::::::::~m~;ªM5:::::::ÐiH:!:8::::::::2gªÐ~;8E::::::::i:æB:$º:~£H:::::::,§¥::::::::!!1:~::::::18g1:: * * * * BROADCASTING TOWER - A st.ructure 9n:::::::wþi:ffi:sÞi:::::::ªB::::::::~P#~PB:ä::::::::9B ................................................................................... ~æælliliææg!næ!i;~$~ for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, including ham radio tm:crD, and similar types of devices . $~gJj:µ:~:g~::::::::~,Ê:~::::::::~~:~:~g:::::j::E~ª:%g::::::::!8iW~E~::~:::::,:wª:ffi:91::¡:¡:¡:~Æg lªæ:8Eæ~$I:::::::æ:$g~Ð~M:ª:~retf: 2. That in all Agricultural, Residential, Commercial and Industrial zoning districts, Amateur Radio Tower be added to the list of uses allowed by right, up to the height limitation specified in the Use and Design Standards, by amending the following sections as indicated: ..oIIJ ,... 5,22 AUgust 24, 1993 ~ SEC. 30-32 AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT section 30 - 32 - 2 (A) ß¡¡Ø¡¡¡¡¡¡¡:¡:¡:¡:¡:¡¡¡¡¡¡¡:::¡¡¡¡III¡¡¡¡¡¡¡¡¡:::¡}Mìs'CêtHEãHêõus::mtoSês. ":,,:,:.:.,.,.,.:,:,,,,:, ".":",,.,.,.:.,.,.:,:,:,: ':':':':':':':':':':':':,..,:.,.,.,.:':':':':':':..,':":':':":':':':':":"':"':'gªI~µE:I¡:::::¡:¡J~;ªª!:9 ~8~~R:::::i:::;:"""""'"''''''''''''''''''''''''''',','".,'...'.'.',",...','....",",'.' SEC. 30-33 AG-1 Section 30-33-2 AGRICULTURAL/RURAL LOW DENSITY DISTRICT (A) !¡:i::¡::::¡¡:::::::::::::::':':¡::::::::::::::::::::::::::¡:::::Iw.~'g~w.:~:~t.t~gll;IIII¡¡::¡:¡:¡¡¡¡¡:¡Rªaæa ~81ªE::::::::I"':"':':':":':':':':'::':""':'::":",,':":':':': "'" SEC. 30-34 AR AGRICULTURAL/RESIDENTIAL DISTRICT Sect i on 3 0- 3 4 - 2 (A) :$¡J¡::::¡:¡:¡:¡:::¡:¡¡:¡¡¡¡:¡¡¡¡¡¡:'¡¡¡¡¡::¡:¡::¡:¡:¡¡:¡::¡a~fi:s:øe:jmtnineôfi's:m:mù's.êš """".::':":':':':':':':':':.".,':.:':',':':';,':::,:":"""';";';"'·";';';""·ftfm~!,ªp£:::':':::::'::¡g~ªffig æø.~Ú!i.Ù?W ........................... .......................... ........................... .......................... SEC. 30-36 AV VILLAGE CENTER DISTRICT Section 30 - 36 - 2 (A )~::~'¡¡¡¡::¡:::¡¡::¡:¡::::¡¡¡¡:¡:¡:¡:¡¡¡:¡:¡:¡:¡:::¡:¡:¡:¡:¡¡¡'m:ì:i}:ç¥I::I'ªn~Q'ª~//W~~'§ ,,',',',',",,',',.',.,....'.",'.',',',',',,',',"'"',','"',',',,...,',',',',',',",'.',',',,',',.'.',','""'·5mª~gµp¡¡¡:¡::¡¡¡:¡¡¡Rªg;j;ª Toweí5i:m¥"";"""""""""""""" ......................... .. .......................... ........................... .......................... SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT Sect i on 3 0 - 41- 2 (A) ãWII??¡I¡:¡III?mr¡¡¡Mì'S:êêltEãHêõUš//oSês. :::;::..::::::::;:;:;:;:;:;:::,:,:,::,:,:,::;:::::::':':::::::::::::::::::::::::"""···'~m~Þ-$FfÊ:::¡:::::::::;g~ª;:§ I Þ8Yf:~if:t:::::~·····, .,.,.. SEC. 30-42 Section R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT 30 - 42 -,~ (A) ,~:i:,::¡:::¡:::::::::::::::::::::::::::¡:::::::::::::::::::::::':~w.~~~:m:~~:º~gll~iÎIII:::::¡I:RâJfæa ~81ªE:::¡:¡::I: ,:::::::::::::::::,::::::::::::::'::,:::::::::,:::::,:::,:::::::::::::::::::::::::::: "" SEC. 30-45 Section R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT 30 -45 - 2 (A) ~:'f¡¡::¡¡:::¡::::::::::::::::¡:::::::::::::¡:::::::¡:::::::¡::::I:i:~:2~:I:¡~:~I~§~I:~II!¡f¡l:mïÜiaæq Tow-eE/i:¥ .................. ................................ .................. ................................. ................... ................................ ................. ............................... ........................... .......................... ......................... .. .......................... SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sect i on 3 0 - 4 6 - 2 (A) ¡::C:::::::::::::::::::::rrm:r::rr:::::::M&s'êe'1%faneôù'S:::o(ù'šeS :::::::::::::::,:,:,:::::,:::,:::::::::::::::::::::::::::'~~~~~:;¡¡;¡;i~:""""""':"im~;ªp£::::¡:::¡:¡:¡::g~ª'æg SEC 30-47 PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT section 30-47-2 (A) ~~-:=f"(~ SEC 30-51 NC NEIGHBORHOOD COMMERCIAL DISTRICT Section 30-51-2 (A) ~::;,::;¡¡::::¡:::::¡¡::¡:::::¡:::¡::::::¡:::::::::::::::::::::!~~:!~~:±¡!~:!-!¡;;;;;¡:::::::::¡:¡:::g~~ì:g I ~ ~ August 24, 1993 523 ~ Welª=E:::¡::::!' SEC 30-53 C-1 OFFICE DISTRICT section 30-53-2 (A) 5. .iiE~ME:::::::!ijiffig¡::¡::Æãif:mE::::li: SEC 30-54 C-2 GENERAL COMMERCIAL DISTRICT section 30-54-2 (A) 6. ðli:išB®::fß~~ffigf;mBIª=®ËM SEC 30-61 I-1 INDUSTRIAL DISTRICT Section 30-61-2 (A)' 6. 1m~I!YErnÎ~ì~gtmBl~ÐËm SEC 30-62 I-2 INDUSTRIAL DISTRICT, Section 30 -6 2 - 2 (A) 6 . .!~HE¡:::::¡i~ª:ffig:::::¡mBI$Ê::::::::I: 3. That Section 30-87, Miscellaneous Uses be amended by the addition of Use and Design standards for Amateur Radio Towers as follows: I ~:$9M:¡:::::::~::9:Eª:I::m:g::f:!::::::::::::::::::::::::::::::::::::::::::::.!~HE:¡::¡:¡i~ª:ffig:::¡:::;B~$E ,~:I)':::¡:¡¡:::::¡::::::::::::::::::::::::::::::::::::::::::~ª=P;$E~:~:::¡::¡:!:!~ª:~EI!:::~:: :Mf¡:¡:¡¡::¡:::¡:¡:¡:::::::In:¡:::¡:¡::~!I!~HE::::¡:¡:¡E:~ª:æg:::::¡¡::!9!!E::::::::::!!1:~:~:Æ:::::::::!?:~:::::::::89H!ffiª$£ª=ª::::¡:::~m::::::::::~n ~B8i1m§:2g::::¡¡¡:¡::::!MEH8~HE$I::¡:¡:::¡:!:n~:¡:::::::::::ÆMH:~:I¡:¡¡::::¡::::::8gIDPÆ¥:::::¡::::::¡~ffi.:::::::;:::¡[§ã~ mæn:ìmBm::::::::::¡§:$[§ši.!BJ§::¡::::::E£9.9:ffi®imª=ñ~ú::::::::::::!gl::::::::::::[§ã~~::!:::::lli1ml'¡§I:~¥ã mgÐ:æng:::::::ª:ffi§:~FffiB~::t; ~::f':¡::::::::::::::¡:::¡:¡œ!1:§:::::::::Ii]:B:lIHm¡:¡:::¡j:§:~!I~El§:::j:j¡È$~:iißmgñl:::j:::::~i9ID:::::::¡::~~g::j:j¡j:::Bij§iij:j:j:j:j:2i l§!1$::¡:¡:¡:¡:::::MBI$E::::::¡::j:j:!g:::::::¡:¡:::!::B¥:f::::¡::::Ei1!::æª~B!ji~Æ:I::::¡::::j§~.B~BEßj:j:::j::¡:¡::§I:::::::::::¡~P; ~ª:ª:g:æ:fiffiH9,:::::::::::::::i:BI::::::::::::::§!~:Ææ::::::::::::::!ª=:¡:¡:::¡:¡:¡::HI:::¡:¡:::::¡::I:~i.!!M::::¡:::::::::m8~:i:::::¡:¡:I:!g::¡::::::::::I::g ~:ßEgª=ñ~:¡::::::Bi:¡:::::¡¡[§ã~:::::::ti~ffigIE::¡:::::gæ:::::::::!!1$:::::::::~gIßE::i:::::::::mª=i.!!9Ë£ã:::::::::!FBm ~m:ª=:::::':::::::::::E:i:B§:$!:!::::::¡:::!:::!:::!~EH8~B®~:I:¡:¡::¡:::::::::::mimšs£:¡:::!:!:::::::::!B:I:::!:::!:::!::::::[§ã~::!::::::I:;:£ël$E ::~:lfgÆMã:!nª:::¡:::::ª:HM:::::::::i:ffiñ$I:'::::f::::::::::::::::::gH.M:::!:::::I:ffiñ$:!::::IÆM!:I¡i::::!:::!~ª=:¡::::!:!ª=BimPI !EBm:':::¡::~I$::::imffiñ:ìmHm::!¡!:::i$~lj81::I::ËmgH!:E.~B¡!::::::::::æñ::¡:::¡::!:!ªß::::::::!9ã E~~iH:::¡¥:~Eª§::::::::i:BE:¡:::::~ã~:::::::Eª=§Ëi1ël:¥¥ª=::::::::~gn:iBªt::::~:æ:!:!®ffisF:~::::¡j:j:jäB:1 !!1:~;J}Æ::::::::ëg.Æ¥::::::ìffi.¡i:i:¡tI$:i:i¡:::æ~~~!ßI::i:i:E£9.Bæmãmª=iiú::;:iiIRP:::::::E$ I ) ~ ,... 524 AUgust 24, 1993 ~ I I ~ ~ August 24, 1993 5 2 5 ~. I I ~ ,... 526 August 24, 1993 £$ltii.!:í:!::::¡:::¡:::::¡:::Æg8i.!Æ:::::::::::¡::::£!~:i::~!:æ8B!::::::::::¡:::::¡:Æb:æÊÞ-l:::::::::::::E5ª=SÆ9£!@ ~æi.!t;~BE:¡:::::§pgBñ:ì:Ê!;:iR!:~::ì:: §,:~:::¡::::::::::::::::::¡::I$!:IE:¥81:ì:2!:~:::::::::8ñ:::::::::~I@::::::¡:F:i:~§ª=m$!I::!,::::::::::::~g£$:ª=n:í!!l9.J::!'::::::::::::PE b:ª=:ìgfil::::::::::2:~:::::::::IRwª=Em:¡::::::::§~~:$ã::¡::::::gÐ:::::::::fi:m~:i:!ã:i:::::::::::::!:!~i1!}t:::::::::25 i.!$!:lã$1jæ£::::::¡I¡¡::::::B8ñ~:Æ8:ª=E~!;ægÐ!:I::::::::¡:::::::æMm1j:::::::::::::::::::Ð@~!::RP;~§iiM ~:8E:BmID~~I@¡:¡::::!æi.!t;~BE¡:¡::::§pgBñ:ì:Ê~I:ì:2!:~::~¡¡: 8::~:::::::::::::::::::::::::I$!:IE:í:81:ì:2!:~::::::::::::¡:¡¡:¡mBmi:::::::¡¡:::::::::£$FÐ$!::ª=nt;¡:::¡:::::::::¡:'::~Iª=:::¡:::::¡:::¡:JmÆP;:ímBæ REi.!Ê1jÆs~§ii@::::::::::::::::Ðßg9:iii.!t;:!:pn::::::::::::::::!i2::::::::::¡::::::!Ê:R9mg$:Æ:;;#i:::::::::'::::::~~ gHEFgmi1I:::g~:::::::;fi$::::¡::£!:ì:m~E:ì:Ê!;::::::::ìB:::::::ïtn:í:8ÞiI::::t;fi:ª=::::::::t;8Yl~E:::::::¡Æ.ª ËEggg~t~ã::?:::::::::::::::::~:~:::¡¡::::::::nª=:ii~:::::::::::::i.!m::::::::¡::::~Ii1:::::'::::gRÐE:2~:m'::::::::::::9:~t::'::::::I~:+~~1 O,',',,',',,:,.,r,:,,:,',:,.,·,',d,',:,',',',',',$,',~",.,:,·,n,',.,.,','.,',',a,:,.,.,.,',:,n,.,:,.,.,',',:,o,',::.g maur:::øorí£ãìliê'ðJ/Jiflm/¡Ej'ê'q Þ,., ',¡I, .·,,·,:',þ.':,.',h,':,.:,,:,'.¡, :,3,.,',',.,',:,0.,'.,',:,',',:,.,;..,:,:,.,.,:,:,3,.,',',',,',',:,.,~,.,',',:,',' .:.:.;.:.;.;.;.;.:.:.:.:.;.;.;.;.;.:-:.:.:.:.:.:.:.:.:.;.;.;.;.;.;.;.;.;.;.;.; .:.:.:.:.:.:.:.;.;.;.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.;.;.:.:.: :1::f::¡:::I¡¡¡:¡:::::::::œfi'ª=::::::::::::§E@s:ì~'Æs'::::::::::Ii1Æg!ii1j:::::::::::g~:::::::::::!!1@:::¡::::::::~m~I$9Ð:¡::¡::::::'E:~,8:æ2:::::::'::::1j9ff$5 ~ã~:i:ii:::::::;§!:::::::~:m1j~II::!:;;n$ã::¡::¡:i.!m::::::::~::::::::Ê9n~:ì:1jÆgÐ::::::::P:~::::::::~Þi@::::¡¡:!:F@Ê:!¡~:~ H!::ª=:::::::E~Em:ì:1j:f:: 4. That section 30-87-2, Broadcastinq Tower, be amended by the addition of Use and Design Standards for Broadcasting Towers as follows: (A) General standards: * * * * 2. The minimum setback requirement from the base of the tower to any property line abutting a res ident ial ~IEBªIHËª=::::::::::8:ñ::::::::::~P;::¡:¡:¡:¡~:~ª::2:!n:ìBß.j::::::::::W:8:t;:¡¡::::::\lO e or diotrict shall be at least equal to 40 percent of the height of the tower, measured' from the closest structural member of the tower8R~ª=~Š~H~ffiBgBlgHM ~ ~ I I I I ~ August 24, 1993 527 ±:~!%@,:~:> ~BM::::::::::::::Æ:i:!~~::::::::::::::Æfi:i:;:i:::::::::::::::~::::::::::::::ið5IDRi::::::::::::::£Êgm:I:¡:::::!ì~ m!n:ìmHm::::::::::::::m!!íIEB::::::::::::::®$fI:ìM5IDßÐI~:::::::::::::::ìn::::¡:::::::::~:ìãi1:::::::::::::!ÖI:::::::::¡¡ÐßI!È ~~ª:~::::::::::::::~gm:::¡::::::::::.i1:::::::::::::Ð$:§E~EIÆM$::::::::::::::æ:8P;:i:!9.):::::':¡::::¡:~!:!:IE:i:81:~::::::::::::::::§Bä mfi:~:;¡i:::¡:::::8gIDRÆ¥::::::¡fßw£n:::::::lfi$::::::::~ßil~m¥::::¡::Ðß9.9:w®~mª=Ri!:::::::::Wi2~:::::::.§ !®2!1:::::::~~Ð~M * * * * 5. Towers shall be- illuminated as required by the Federal Communications' commission (FCC)I!!ã:M::::~I§ ;ßã5Ei.!i::::::¡::::::::!;M:!:~I~:8n:':::::::::::::¡gm:i:nW~:i~~lffi8n:::::::::::::::::~::!.~::', but no lighting shall be incorporated if not required by the FCC ß:Æi!!1:~M::::::¡:::¡::::::~:g~ÖR¥' other than essential security lighting. Any tower proposed within two miles from any 6. general or commercial' airport, or located at a ground elevation' at or above 2,000 feet, average mean sea level, shall be referred to the Federal A 'v· i~ t i on AdH\iniDtr~ t i on 2Eª=ÐIM8ÐŽ:m~Rlgª=B:::::::::~:::g!:::¡:::::¡:¡Enß ~:!ÐR2ml:::::::¡::::for review and comment prior to taking action on the special use permit application. Comments shall also be Dolici ted mBÐ:ffi:ÆiM!ß9 from the oper~tor/H\~nager of any commerci~l airport \:hich H\~Y he ~ffected;ßã5Ei.!i:::::I::::::¡::::::::::~¥~:ê~:ffi:2n ~ä!n:W:m~Eli¡!:8R::::¡:::::::¡::::::::~::!.~::¡:¡:::¡:¡:::::::::::i§5Eß:¡::::¡:::::¡:¡:¡:¡1f:a::::::::::::¡::::::~li?RlgMIÆ::::::::¡::::::::::W~: 2~n.W~:~¡::::::Êß9.9:æB$ë:::::¡:¡B.~t¡:¡::m~W::f:' 5. That this ordinance shall be in full force and effect immediately after its final passage. All ordinances or ..oIIJ ,... 528 ~ August 24, 1993 parts of ordinances in conflict with the p::ovisions of this ordinance be, and the same hereby are, repealed. 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 ~ Ordinance Authorizinq Acauisition of Necessary Easements to Construct the South Transmission Line and the starkey Road Water proiect. (Clifford Craiq, utility Director) 0-82493-9 Mr. Craig requested adoption of the ordinance which would authorjze 91 easements. ~taff recommended that payment be negotiated not to exceed 40% of the assessed value plus costs of actual damage to improvements. 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 82493-9 FOR AUTHORIZATION TO ACQUIRE NECESSARY EASEMENTS AND PROPERTY TO CONSTRUCT THE SOUTH TRANSMISSION LINE AND THE STARKEY ROAD WATER PROJECT WHEREAS, location plans for the South Transmission Line Project and the Starkey Road Water Line Project have been completed and the projects will requìre acquisition of easements ~ ~ I I ~ August 24, 1993 529 -.- 1 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 July 27, 1993, and the second reading was held on August ~4, 1993. 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 South Transmission Line Project and I the Starkey Road Water Project 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 Acquisition 97.05-01-01 97.01-02-12 Harris, Ola Agee Lemon, Curtis & Dorothy and Lemon, Charles & Anne Bogese, Catherine L. Lemon, Charles & Curtis McCormick, Nina H. Arthur, Jeffrey D. & Bernice Reed, Lewis H. & Alene Hofer, Charles &, Zurna PROPERTY OWNER Easement Easement Easement Easement Easement Easement Easement Easement ACOUISITION 97.01-02-11 97.01-02-10 96.02-01-43 86.03-04-05 86.03-02-01 86.03-01-43 TAX MAP NO. I 86.01-01-49.1 86.01-01-49.2 86.0l-01-45 76.03-04-5l 76.03-04-33 76.03-03-78 76.03-03-75 74.00~02-23 Minter, Wayne E. & Glenna S. Spitzer, Arnold R. & Donna Brundedge, Jasper & Sharon Harman, Richard P. & Margaret Jones, Thomas Michael & Mabel Turner, Charles B. & Connie Kettleson, J. Benton & Wanda Obenchain, Learleen Easement Easement Easement Easement Easement Easement Easement Easement ..oIIJ ,... !)30 August 24, 1993 ~ Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement I Easement Easement Easement Easement Easement Easement Easement Easement 74.00-02-22.3 74.00-02-22.1 74.00-02-16 74.00-02-06 74.00-01-40 74.00-01-38 74.00-01-36 74.00-01-34 74.00-01-34.1 74.00-01-33 74.00-01-32 74.00-01-31 74.00-01-25 74.00-01-2'4 74.00-01-21 74.00-01-12.2 74.00-01-12 74.00-01-08.2 73.00-02-38.2 73.00-02-37 73.00-02-32 73.00-02-11 73.00-02-10 73.00-01-71 73.00-01-68.2 73.00-01-68.1 73.00-01-68 73.00-01-67 73.00-01-59 73.00-01-58 73.00-01-56 73.00-01-8.12 AIls, Marvin J. & Lillian Palmer, Tony & Donna Huffman, steven & Sandra Neely, Billy & Clydis LaPlace, Roger & Suzanne Brown, William E. & Darlene K. Pavich, Jessie D. & Billie H. Aliff, Clarence, Jr., & Brenda M. Buck, James Austin, Samuel & Virginia Kanode, Ronald G. & Debbie W. Kanode, Roman R. & Polly S. Bryant, Allen R., Jr., & Jane Toler, Wayne M. Wimmer, Lillian Ora, Heirs Beverly, Wendell H. & Lillian A. Beverly, Wendell H. & Lillian A. Wimmer, Woodrow M. & Sharon G. Cooper, Jerry N. & Mary G. Foster, R. N. & Mary o. Foster, Robert N. & Mary o. Reynolds, Keith & Margaret Reynolds, Margaret T. Page, Terry J. (c/o James Page) Kristensen, Kim & Susanne Wood, Wayne & Vicki, Fisher, Curtis & Janice Joiner, Murray E. & Patricia B. Fisher, Elizabeth Fisher, Elizabeth Fisher, Jessie & Myrtle Blankenship, Herbert E. & Coleman, Dan C. Appalachian Power Company Appalachian Power Company Renick, C. John & James McAden James W. Mitchell, Evelyn Marie Moran, R. L., Jr. & Martha S. Watts, George Duncan, Arthur K. & Bessie Duncan, Arthur K. & Bessie PROPERTY OWNER 73.00-01-05 73.00-01-04 66.04-01-13 66.04-01-12.2 66.02-01-03 66.01-03-19 66.01-03-15 66.01-03-09 66.01-03-08 TAX MAP NO. 66.01-03-06 66.01-01-19 66.01-01-17 66.01-01-16 66.01-01-15.1 66.01-02-15 66.01-01-14.1 Lucado, James R. & Mary L. Akers, Gordon L. & Sandra Hale, David L. Holdren, Alan Richard Akers, Jerry L. Sisk, William A. & Bettle E. Akers, Jerry L. ~ Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement ACQUISITION Easement Easement Easement I Easement Easement Easement Easement 1 ~ August 24, 1993 531. I I 66.01-02-09 66.01-01-20 66.01-01-13 66.01-01-05 66.01-01-03 66.01-01-02 66.01-01-01 66.00-01-12.4 65.00-03-10.7 65.00-03-10.6 65.00-03-10.2 65.00-03-10.1 65.00-03-03 65.00-03-02 65.00-03-01 65.00-02-37 65.00-02-35 65.00-01-43 65.00-01-42 65.00-01-09 65.00-01-08 65.00-01-05 65.00-01-04.1 65.00-01-04 65.00-01-03 65.00-01-02 65.00-01-01 2. Clingenpeel, Ronald L. & Betty Wood, .Robert E., Jr. Mills, Lewis Harvey & Mary W. Hale, William E. Hale, William E. Haymaker, Charlotte K. Salem, City of Moulse, Helen H. Noell, Brent L. 'Noell, Keith E. & Cathy Webb, Frank Wayne Noell, Brent L. & Susan C. Noell, Shirley Webb Hedge, Willie D. & Laura K. Noell, Shirley Weob Beason, F. M. & Audrey o. Lucas, Dennis L. & Leketa C. Hudson, Grace Lee Hale Boone, Charles W. Alls, Marvin J. & Lillian Obenchain, Horace M. Obenchain, Horace M. Helton, Christopher W. Barnett, Robert E. Thurman, Ellen Marie Thomas, David & Martha Mauney, Harry C. & Mary D. Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement Easement That consideration the 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 South Transmission Line proj ect and the Starkey Road Water Line 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. ~ ,... 532 AUgust 24, 1993 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 ~ Ordinance Amendinq and Reenactinq Section 12-8, Adoptinq of State Law of Article I, of Chapter 12, Motor Vehicles and Traffic of the Roanoke County Code. (Paul Mahoney, County Attorney) 0-82493-10 Mr. Mahoney reported that this ordinance incorporates changes adopted by the 1993 session of the General Assembly. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recordej vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 82493-10 AMENDING THE ROANOKE COUNTY CODE BY AMENDING AND REENACTING SECTION 12-8, ADOPTING OF STATE LAW OF ARTICLE I OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE WHEREAS, the General Assembly of Virginia has recently amended § 46.2-1313 of the Code of Virginia to provide for the automatic incorporation of amendments to certain sections of state law into local ordinances which have been properly adopted without the ,need for yearly reenactment by the local governing body and to permit the incorporation of additional provisions of ~ ~ I I ~ ~ August 24, 1993 ,5'33 the state code; and WHEREAS, the first reading of this ordinance was held on July 27, 1993, and the second reading was held on August 24, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-8, "Adoption of state law," Article I, II In General," of Chapter 12, "MOTOR VEHICLES AND TRAFFIC," be amended and readopted to read and provide as follows: I Sec. 12-8. Adoption of state law. Pursuant to the authority of section 46.2-1313 of the Code of Virginia, 1950, as amended, all of the provisions and requirement of the laws of the state contained in Title 46.2,Ä:Wß ~p~æê$:!::¡::¡::¡~::¡:::::::::~:I::::¡:::::~:§::f:::!:m~:Ž:!:::::::]~j!:::::::¡:!!g:f:::~:¡::¡::::::gE::::¡¡:::EI~E!!F::::::::::~:ill:::::::::8:!::::::::m'ì:!:i:ª=¡:¡::::::ill:!::l::~¡::~::and in Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except those provisions and requirement which, by their very nature, can have no application to' or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirement hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are II hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any ~ ,... ~34 AUgust 24, 1993 person within the County to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirement of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective ~:!!!E:::::::::::m! ß~~:ª=R:!:ffiMI:::::::ª:~I$:::'::':9:~:::¡:::~!1:ì:!::::::::9EI:!n~:nêª=:::¡:::EE9M:æ:ª:ª=~::¡::::!:B£I:¡::::::æli~:ª=::::::::$:I!::::::I:ª:§:::::::§~ª=ñ ~šJ,;RÊRª=~::¡:::¡:¡mM:::::::::~Ii1:::::::::§$Bª=Ð~:i:¡:¡:¡¡:::~~!$IDI$:M¡::¡¡::::i.!51::::::::¡:~~::¡::::::::!Æª:n$ª::::::::::I¥::¡:::¡:::!!1$::::::::::~:9M$!jgE::~:¡ ~ª:::::::::::::BEg¥:!šJ,;ftl:::::::::::::~9Ð~I~Ð¡:::::::::::lniR::::::::::::!:H£I:::::::::::::~mª=59,mª=ñ~:::::::::::::~g::::::::¡::¡!!1:ì:!::::::::::¡:¡9gg:I¡:::::::::::~II:w:1 §ª=£:8mª=:::'::::::$~:!ß9RæM$::¡¡::::;9ñ:::::::::~ttª=:::::::::Æ~æ$::::::::::ª:I!!::::::::¡!i!::::::::::!I$::::::::':ª=:!1i181:ì¥ª=::::::::::~iRª=::::¡:::::2~:::':'::'~I! ~!~IßruÆ~@ ~D of the d~te th~t thiD ordiR~nce iD itDelf effective. 2. This ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None ~ Ordinance Amendinq and Reenactinq Article V. Binqo Games and Raffles of Chapter 4, Amusements of the Roanoke County Code. Attorney) (Paul Mahoney, County 0-82493-11 Mr. Mahoney reported that the most significant change ~ ~ I I ""II1II ~ August 24, 1993 5J5 in the ordinance was to establish a mandatory percentage of an organization's gross receipts which must be used for charitable purposes. He advised that in response to a Board inquiry, language was added authorizing the Commissioner of the Revenue to waive the membership list requirement under certain circumstances. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ORDINANCE 82493-11 AMENDING AND REENACTING ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENTS OF THE ROANOKE COUNTY CODE. WHEREAS, § 18.2-340.8 of the Code of Virginia, 1950, as amended, authorizes the governing body of any county to adopt an ordinance for the purpose of regulating any bingo game or raffle within such county as long as not in conflict with the provisions of Article 1.1, Binqo and Raffles, of Chapter 8 of Title 18.2 of the Code of Virginia; and WHEREAS, the 1993 Session of the General Assembly has adopted amendments to the above mentioned Article 1.1, Binqo and Raffles, which necessitate corresponding amendments to the Roanoke County Code to remove any conflict between the County Code and the Code of Virginia; and I WHEREAS, the first reading of this ordinance was held on July 27, 1993; and the second reading was held on August 24, ~ ,... 536 August 24, 1993 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article V. Binqo Games and Raffles of Chapter 4, AMUSEMENTS of the Roanoke County Code is hereby amended and reenacted as follow: DIVISION 1. GENERALLY Sec. 4-86. Definitions. For the purposes of this article, the following words shall have the meanings ascribed to them in this section: . . . . BHgl:::¡::::':£~g!:¡:::¡:¡::m$~n§::¡::::,:::~::¡:¡:¡:¡:$~m$¡:::¡:¡:::g!::::¡::;:šl~nŠ$¡'::¡¡::::gllii.!¥3!:¡:::¡:::¡~¥::¡::::':,Eª=:i:$~:§:ìB$ ñHiMIÍ%q::~:¡:::::::::::::!:Bi.!n!IDi.!~i1:::::::::::IR¥!::::¡:::::::¡::~::$::f:::ßU:¡::l::::::::::::::gHš18!:~¡¡::::::¡:::¡:::ì:BI9:::':':::::I::::::::::::~2f1~::¡::::::::9!¡:¡::::¡:::ffi9g:!nl ft~I$E:f,:¡:¡¡:¡::::::I!:::¡:::¡::gª=Ð§gB::::::::t~tÞ9::::::::::!1i.!!:::::::::::~$%ti:::::::::::I:§§::ì:$B£~¡::::::::::~13:¡:¡:¡::::::!~m$"::::::::¡ti}lBmE::¡:¡:¡:¡:¡i.!!::¡::::::::~Ii1 !::ì:E!I:::::::::::~9:9g::::::::::::~g:¡::::::::::9Ð2!::§::¡:::¡:::::i.!:::::::::::EEª=~$Êª=g!n!~::::::::::::g8:ìBÊ::::::::::::æP;¡::':'::::::~m:§::::::::::::f{~Ëª=É:¡::::::::::::~:~I~ ~:æn:ì:ml:::::¡:¡:¡Æ:~n~¡~¡¡¡:::::::::ffi@:::¡::::::1Þ1J:m:::::::::ñænP;$E¡:f::¡:¡:::::¡gml~E:¡:¡:::::~E:~:3S@:::¡:::::mð¥::::::::::!W::::::':':~i~E}1$g::::::::¡~R2¡::::::::~.5 ~~!:¡æ~:¡:::::::ª!¡¡¡¡¡:¡¡!!1$:::::::::2Eª~E:::¡::::Æn:::¡::::w#i!:8!1:¡¡:¡:::~I~:¡:¡:::¡8BiBm:§:::¡¡:¡ŠEg§§¡:::¡:::¡~I~:::¡::::¡!:æBæ:~:B¡:::::¡¡+¡:!n!:t::::::::::I!BM ~n~:::::::::I:lli:i::::::::::E:m!ÊE:æB:lægn!:::::::::iiª~:::::::::É$9.!:ìE%mIJË§::::¡:::::~p.E:i:!:g~~+:!:::¡:::::~g:::::::::m$:::::::::Š2BH:BiBË 9!¡:::::::::E~®E:i:ª=§::::::::::::ìB:::::¡::::!!1:ì:!::::::::::I:EI:ìglli~::::::::¡:§II:lli:i:::::::::::~:i:!:B::::::::::i.!pglli¥:::::::::::~g::::::::::~!1ß:::::::¡::§gB~ª9!:::::::¡:::8:1 au.ê.R¡::::::rªøi!§M: .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. Sec. 4-90. Participation in management, operation, or conduct generally. :p:t)m Except ;::'.'::::::::::.'::::: :::'("'::::'::::'),':::::::::::::::::::: .', "'[:'" ',·,"',..,""""persons .............. .................. .... n. ......... .... . .......... ,", ....... ................... .. ..... .......... .................... ................... as clerical for employed assistants by organizations composed of or for deaf or blind persons ,::~::ì:ffi:),::¡:¡:¡:::::::í$m!lE:!::::::::::::8®¡::::::::::gæM:ÆgI:::::::iiª~::::::::::::!É~Êª=£vl:lli:::::::::::ªE8HP!::::¡::::::::9É:::::::::::::~::æ:I!::)'::¡ ~ ~ I I ~ ""II1II 537 ,; August 24, 1993 I I .gÆª¥!ª=æ:¡::::::::::2:!:::::::::::i:::¡¡:::::::BgFR8E~I$II::::mR2B:!:gl:::::::::::RI::::::::::::~:I:¡::::æi.!æ:¡;:!:æ$~:::::::::::glg~P;:!:i:~lægn::i:::, only a bona fide member of an organization holding a permit under this article, who has been a member of such organization for at least ninety (90) days prior to such participation, shall participate in the management, operation, or conduct of any bingo games or raffle. : ('b 1'::::::: Except as provided herein no person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organization. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive non-monetary incentive awards or prizes from the organization provided that organization is non-profit. :~::B~:::::::::::':':':':::trhe spouse of any such bona f ide member or a f iref ighter or rescue squad member employed by the county may participate in the organization and conduct of a bingo game or raffle, if a bona fide member is present. :~:ã:~:::::::::::::::::::::::::::::tig:::¡:::::::::gª=Ð!gn::::::::::::m~¥t:::::::::!e:IEIÆe:ìE~~~::::::::::::::æn:::¡::::::::lä$:::::::::::::m~B:Iª:~mª=i:!::l:: gE&E~!:i:8i::i::::::::::8E:::::::g8ñª,9:11:::::::g!:::::::~:inª:2:::::::~.~:m:::::::gE:::::::E~i:!:I::~!:::::::::;;2E:::::::m2Eª=::::::::!b:Ii:::::!:!äül äEª:~BÆ:i:~IÆgÐ::~:' ::~::ª=:~:::::::::::::::::::::::::B=2:::::::!:::R$E!::9n:::::::::::mä~:i¡ill:::::::Ig~Ð!¡!:gæE:i:!I:¡:¡::::¡¡::in:::::::¡:¡:~!I::::::::::mli:~ªª=m~ñ!::!':!: RRœi~:ffi:2B::::::¡:gF:¡:::::::g8ñI,9:11:::::::::8i1::::::::~n.¥::::::¡¡!!i:Bgg!:::!:::ª:åmª=::!::::::gE::::::::B~1:i;ß:::::::::Æ:!:i:::::::::::lætiä:ìš;i::::.~ ..oIIJ ,... 538 August 24, 1993 g!i1§ßqæng¡:::::¡::::!:ffi:M!::::::::::Mª=IE:!::~::¡::::::::::Iª=:::::::::::I~:i::::::::::!ß$n::::::::¡:BgñŸffišIß9.I:::::::2:~:¡:::::::¡:i::::::::::::!$:$:8Rg:::¡:¡:¡:¡:g!:::::::::::§! šE:ìmÎI:::::¡¡::ffii¡g:~¥ænm:¡:::::::::::mÊi~:m::¡::::::::::~YEE:!IMH!i:i::::::::::¡::::äE:¡::::::::::I~¡i:::::::::¡::jj§!E!;Æ9¡ìE~£$~:::::::::::::¡ìn¡:::::::::::~I!i min~m:ilª=!í!:¡t::::::::::::äÐßE~:!:æ2B::~::::::::::::¡gE:::::::::::êeaH9:§I::¡:::::::g!1::::¡:::::lnlf:::::::l?:;nm:2::::::::::ª:~ml:::::::::::8Ê::::::::::Ð§!~i:mß j[e¡æ81:::::::II!:::¡:¡:::~8Haq::::::::§¥1::::à::¡:¡:::Wg§!Æ::I::EsœiÑI:ffiE:::::¡:¡RilneÊ:I£'í!::'::::g!:::¡::::î?r;:::::::!::::::¡:s2iEI¡:¡:::::2i £BDß!ªñl::::::::::::I.:RE:æ!ãæ9~:!:8n::::::::::::12:::::¡::::¡:9:~Ÿ$::::::::::::l?ª=ß!í¡':I::::§Ëª=Êilª=~:::::::::::::ì!:::::::::::itæÊ:$:~I:lgB::¡:¡:¡::::::eË !:I§!!~::::::::M~ì:::::::g!:¡:::¡::mg8~:m::::::::2EI:ìB~nB:$::~:: (Ord. No. 2816, § 4-22E, 3-24-81; Ord. No. 92689-14, § 1, 9-26- 89) state law reference(s)--Similar provisions, Code of V . .. 3 ( E) ::::::::::::::::::.("':'F\""'.::')'::::::::::::'&:':":::::::::::'(".:'l{"'.:""}"::: 1. rg 1. n 1. a , § 18. 2 - 4 0 . 9 X::}:::::::::,,:))::;,::}}:::,.,,::::,) . Sec. 4-95. Limitation on value of prizes. (a) No organization shall award any prize money or any merchandise valued in excess of the following amounts: (1) No door prize shall exceed twenty-five dollars ($25.00) . (2) No regular bingo or special bingo game giæ~:ß shall exceed one hundred dollars ($100.00). (3) No instant bingo prize for a single card shall exceed five hundred dollars ($500.00). (4) No jackpot of any nature whatsoever shall exceed one thousand dollars ($1,000.00), nor shall the total amount of jackpot prizes awarded in anyone calendar day exceed one thousand dollars ($1,000.00) . (b) Any bingo game in which all the gross receipts from players for that game are paid as prize money back to the players ~ ~ I I ~ ~ August 24, 1993 53 9 o~ shall not be subject to the limitations of this section, but there shall not be more than one such game per calendar day of play and the prize money from any such game shall not exceed one thousand dollars ($1,000.00). (Ord. No. 2816, § 4-22G, 3-24-81) state law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.9(G, I). Sec. 4-97. Certificate to accompany financial report. (a) The financial report required by section 4-96 shall I be accompanied by a certificate, verified under oath, by the board of directors of the organi~ation that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with this article. (b) Any organization having annual gross receipts from bingo games or raffles in excess of !1ª::::::ilib,BP;1I3~:jtiB~I~ffi:m!:MW£4¥e hundred thousand dollars ($i::i:g::~:::9:9:9::~:::1:9::::::::500,000.00) as shown on its annual financial report, shall attach to such report an opinion executed by a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash ; (ii) the proceeds of any bingo II games or raffles have been used, in all material respects, for those lawful, religious, charitable, community or educational .....1 ,... 54.0 August 24, 1993 purposes for which the organization is specifically chartered or organized; and (iii) the gro1ss receipts hÇive been used in all material respects in accordlnce with the provisions of this article. (c) The failure to file the opinion of a licensed independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo gaJe or raffle thereafter until the opinion required by this se1ction is properly filed with the report and a new permit obtalined. The opinion required by this section is in addition to tJe audit and audit fee required by Sec. 4-99. (Ord. No. 2816, § 4-18, 3-24-81; Ord. No. 92689-14, § 1, 9-26-89) state law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.6(B). Sec. 4-98. Additional records as to bingo games. In addition to the Jecords required by section 4-96, an organization holding a permit under this article shall maintain a record, in writing, of the dates on which bingo is played, the number of people in attendancl on each date and the amount of the receipts and prizes paid on eÅch such day. The organization shall I also maintain a record of thelname and address of each individual to whom a door prize, regular or special bingo game prize or I jackpot from the playing of bingo is awarded, as well as the amount of such award. An organization playing bingo shall also ~ ~ I I I I ~ August 24, 1993 54-1 ~ maintain an itemized record of all receipts and disbursements, including operating costs and use of proceeds incurred in opera ting bingo games . wli1;I::j:j:j::pi18gll!Ij:j:j:llê:~:~I:j¡j::Éi1:j::¡IID§!ffi!!§!æ,nª=åj:j:::j:jlÊŠE:::::¡::::! ~ª=Êi:m::::j::ìÎ:¡:::::a~ª=I::::::Êª=IfI:::::::1i%§m:¡j¡[fiÞ:ª=:::::::!!ig::::::jB!:::::::ai1::::¡j:¥:$êÐ::¡¡¡¡::lšEj:::tw»iægl::¡:::!:IjE~Emæ,ã !~I::::::::!:m!:1Æil:::::::Hñl~E::¡:::::!liæl:¡:::::jIEI:ì:§wli:: (Ord. No. 2816, § 4-18, 3-24-81) state law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.6(D). Sec. 4-99. Audit of reports and records. (a) All reports filed pursuant to this article shall be audited by the commissioner of revenue:,í:::::::::!îBiª=M$~:l:::::::::~!¥:::::::P~PR!E::::::¡!:ffiii:ª=å §¥:::::¡:¡:~B::'::¡:¡::8igên:ì:~:~!:ì¡2!::::::::::n:æ!Þ:::::::::¡ªP8;1:¡::::¡¡::iª=s$¡i}î!m:::::¡::::§:!::j:j::::::i!!::§::::¡:::::!m:~rt:::¡:::::&:g::~:::B:!B::::::::::r;2~ ~1i1::¡j:::::~lm:!@)P;~Eª=~::¡::::::pËpg!Eæñ~::¡:::::::~ª=Ð:ì:GG::::::j:::llê:w:lj:¡:::¡:¡Éi1::::::::::ª=X§mEI::::::j¡::1~8m::::::::::!m:ª=::j¡:::¡::ilª::ffil ~ª=ªHiÐßm~nl· The commission~r of revenue is hereby authorized to charge a minimum audit fee of twenty-five dollars ($25.00) and a maximum audit fee of two percent of (i) the gross receipts whiqh an organization reports pursuant to this article; and (ii) interest income on money that the organization has received from bingo or instant bingo operations. Such audit fee shall be payable by the organization to the commissioner of revenue and such amo4nt charged by the commissioner shall represent the amount of time and other services expended by the commissioner on the audit. All audit fees received shall be separately accounted for and shall be used only for the purposes of auditing and regulating bingo games and raffles. (b) The provisions of this section shall not be ~ ,... 542 Augus,t 24, 1993 IF construed so as to prohibit ~he commissioner of revenue or any official designated by the b4ard of supervisors from performing unannounced audits or restrict any right of the commissioner or I such official to secure records required to be maintained by the provisions of this article. (Ord. No. 2816, §§ 4-18, 4-19, 3-24-81; Ord. No. 12291-5, § 1, 1- 22-91) state law reference(s)--Similar provisions, Code of Virginia, §§ 18.2-340.6(C), 181.2-340.7. Sec. 4-101. Restrictions on use of Gross Receipts from Bingo Games or Raffles. Except for reasonable and proper operating costs, I including costs associated Wi~h providing clerical assistance in the conduct of bingo games 01 raffles fer organizations composed of or for deaf or blind persons, publicizing the time and place "Of bingo games and raffles, I and prizes, no part of the gross I receipts derived by an organization permitted to conduct bingo I . games or raffles may be used tor any purpose other than (1.) those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and (ii) expenses relating ¡to the acquisition, construction, maintenance, or repair of any interest in the real property I involving the operation of tde organization and used for lawful religious, charitable, commuhity or educational purposes. ~nM I B"~~Æ."'~ !:ñ§!$::i¡I¡¡:mMmŠ:::¡~:¡:¡¡¡:.ª=¡lg!:::::¡:::::::ljm::::¡¡:¡::¡:¡:gÐi1rnñi:~:!H~¡:¡:~ª=Ðgliñl¡I:m!;~¡;I!::i¡:I¡~:~¡:¡:¡:¡::::¡:¡:¡g!::::¡:¡¡¡I:i:ËB¡¡¡~:¡¡¡:iËg!i! If ~ ""II1II August 24, 1993 543 ÈIEª=:ìE!i:::::::::::::::!E8Ri:::::::::::::~:!~':::::':::::::lmii8::::::':':::;:g.~!::::::::::::::::8Ð:::::::::::::B§:;IÆæ&tI:::::::::!BE::::::::::::::!ngm~::::::::::::::*iR~M:! Eª=:I:ì:$m8H!:::1::::::::::::::::sf!~Ð:ì!~~Æ~::~::::::::::::::::sBlig:!!M::::I:::::gE::::::::::::::}i19:ë§!!:!:8P;~i::::::::::::::Emgm~i::::::::::::::12E ñ:ª:!:ëß:::::::~n;:::::::§E2:~!:m:~~!mgÐ:,::::::ffi§::::::::!:E;s:!:!:ì:S~:*:I.M::::::::ë!1~E!œ~g::::::::2E:::::::g!$~P;:~:~:ª=~:f::::::::: state law reference(s)--Similar provisions, Code of V . .. § § 18 2 3 4 0 9 ( A) ·'&:,",:::::':'::1"":':8.":",::::':':'2"..,::::':::"3":-':"4:..':::D....'::':':':"3·':'::,::'(":::'5""::')"":; 1.rg1.n1.a . -. :,' '::,:,:,:,:: < ,:,"'::,::",,',~:': .:. ',,;. ;::-",::': :::: .;;:., ;:. ::. , .:::::::,:,:,:,:,:::::,:,:::,::J,:,:::::,:;:,:,:,:;:::,:,:,:::::,:::::,:;t::::::,:,:,:"::,:::::,:",,,:, Sec. 4-102. Regulations for instant bingo. (a) Any organization qualified to conduct bingo games pursuant to this article is authorïzed to play instant bingo as a part of such bingo games and only at such location and such times as are specified in the bingo permit for regular bingo games as defined in section 4-86. (b) The gross receipts in the course of a reporting I year for the playing of instant bingo shall not exceed ~I. thirty three ~nd one third (ªQ~ 33 & 1/3) percent of the gross I receipts of an organization's bingo operation. (c) Any organization playing instant bingo shall maintain a record of the date, quantity and card value of instant bingo supplies purchased, as well as the name and address of the supplier of suc~ instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. WI~!:f;t:::::::::Ð;S§E~m::'::::::::§I~:*:I:::::::::::~$:::::::::::m~:!nl~:!n}iI:::::::::::12E::::::::::~:::::::::::E~E:ì:2ê:::::::::::g~ ~IEª=;::::::::::%I~E§::::::::::::IE8m::::::::::!!1$:::::::::::£il:::::::::::g~::::::'::::!ß$:::::::::::M$:~:E::::::::::::IRæ:::::::::::îtn:ffisl:::::::::::§!::::::::::®'£Emffi!::::::::::I~Æ Æ:!:§M~ë::::::::Bng§iB:::::::!ß:!:!::::::::l!Effisi:i1M (d) No organization shall sell an instant bingo card to any individual less than sixteen (16) years of age. ~ ,... 544, AUgust 24, 1993 I (Ord. No. 2816, § 4-17, 3-24-8~; Ord. No. 92689-14, § 1, 9-26-89) state law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.5. DIVISION 2. PERMIT Sec. 4-113. Qualifications of applicant. Prior to the issuance of a permit under this division, the applicant organization must meet the following requirements: (1) Except for recently established volunteer fire and rescue companies or departments after county approval, such organization shall have been in existence and met on a regular basis in the county or in a county, ci ty or town adj acent to this county for a period of at least two (2) years immediately prior to making application for such permi t. A permit may be issued, however, to an organization which relocates its meeting place, on a permanent basis, from another jurisdiction to the which complies with county and the requirements of this subparagraph, provided such organization was the holder of a valid permit at the time of such relocation. ::f:~::~:::::::::::::::::In no case shall the organization apply for or receive more than one permit. ~8n$Êª=ÐiM*mlæ@ &œMWIª=Æ$!!::::::::::@#iimi.%::::::::::nsl:I:::::êÈRÆw::::::::::::{::æ:~:::II::íg::::::::::ên~::::::::::Ægªgi):¡;:¡~:gl ~ ~ I I ~ August 24, 1993 545 I 8p;!:el.::::::::::g!::::::::::§t::::::Rê~:!:B!:~:I::::::::::BE::::::::::æD,iiEI!~ægñ9:m::::::::::læê~.!:~:æ 2Eª.:¡:¡:¡'¡:::¡:¡::::8E:::::::::::::::::~¡:¡:¡:::::::::::::D,~[!ffigÐ~:ffi::¡:::¡:¡:¡:¡:¡:¡gF:¡:¡:¡:¡:::¡:¡:¡::ìB[!ª=~Ð~!¡ì:2!:~:I:¡:::¡:¡:¡:¡::::gæMæl 8Eg~n:ì:!:~!:ì:2!::::::::MI:¥§§::::::::::ffi:!:::::::::ª=*$æ.EI::::::::Hnãª=Ð:::::::::~::::::::::m:g:I::¡(::9:):::::~:I:~:::::::::::8B in:ª=::::::::æîíl.!:~:I:::::::Iª=M$îítW~r::::g8~$:::::::~ñm:::::::itfiffi:gl:::::::I~:!::::::::~::::::::ffim~m::::::::elf 9Þi~gl.::::::::::IBmft:ip;::::::::::~i::i:i:::::R$D,9§:::i:::::iE§EWil[!:::::::::::!:!m:H3Q::::::::::PD,ê,I¡:::::::::::!iÞiI EF8M:í:!:ægÐ:::::::::::::2i¡::::::::::::;f:Ui:m:¡:¡:¡:::::::~œ:ì\§:i:ª=I:::::::::~n.I.i1:¡:::::::::ñæ~n:!n::¡:::::::::!Þiæ§ ggg8ñwm:~:~:ITI::i:::::::::::8Ð:::::::::':~::ì:!::)':::::::::::!a::::::::sSg!!$E:::::::::§:iHsm::::::::nn:ffiËI::::¡::I~%I Ri1ª=P;:'::::¡:RPiE§!i:!ng::::::::B2F:::::::iffißm:m:::::i:¡;n:~ñ::::::¡:~ñ8::::::::%liË!::~:::::::::::Dg:::i:::MI¡ì:§t\ 1§!¥i1:¡::::::::Rª=:ª=ß::::::::::$:m!§!~Æ:æ:~Ißª:i:::i:::::!:8:~:$:i¥t::::::::!a::::::::::Ð§!:í'!:ª=:::::::::::!Hnã!:::::::::::i:8E mgIR2:~:mmE9nm:2Fª=~j:::::::::::::::~8:i:!M!i:%ª=m:::::::i':::::::::Æ:ß::::::,::::'::,:gHRÆ:æ§'::::::::::::::::m:§n:eR±:! ~Þi,í,gl::::::,:~Eª=::::,:::±,m:~F::::::::~!1§!n'::';:!æ:2:::::::Xfð~F!::::::::2:if!::~:: (ê~) Such organization shall be operated currently and shall have always been operated in the past as a nonprofit organization and shall have been in existence as such nonprofit organization for a period of at least two (2) years immediately prior to making application for the permit. (A~) Any organization whose gross receipts from all bingo operations exceed, or can be expected to exceed, seventy-five thousand dollars ($75,000.00) in any calendar year shall have been granted tax- exempt status pursuant to section 501-{c) of the United states Internal Revenue Code. At the same time tax-exempt status is sought from the Internal Revenue Service, the same documentation may be filed with the Board of Supervisors for an interim I ..oIIJ ,... 5 4 6 0::" August 24, 1993 certification of tax-exempt status. If such -tr documentation is filed, the Board of Supervisors may, after reviewing such documentation as it may deem necessary, issue its determination of tax- exempt status within sixty days of receipt of such documentation. A fee of $500.00 shall accompany any request for interim certification of tax- exempt status; provided, however, that such fee may be waived at the discretion of the Board of Supervisors. \ This interim certification of tax- exempt status shall be valid until the Internal Revenue Service issues its determination of tax- exempt status, or for eighteen months, whichever is earlier. I <â4) An organization shall designate an individual who shall be responsible for filing the annual or quarterly financial report required by this article if the organization goes out of business or otherwise ceases to operate. ::~:!:~:::::::::::::::::Æg:::::::::g!~inæ:!:~I:ægñ::::::Iml~:*Æ::::::::::Rª=::::::::::æ!::IM$â::::::::::ãª¥::'::::::B$mæÎ:::::::::9n~$S !ä:l:Æ:::::::::!iEWffie:~ß:::::::::HBI:ª=:II::::::::::~!::::::::::æi1~:II::::::::::!:æ~~¥1:::::::::::~:§1:2:i}:l::::::::::::pª=£8£ñl §æ:::::::::::::::::::::::ìË!::::::::::::::::::::::mwÎ~$slä:l:P:::::::::::::::::::::§Sª=::::::::::::¡:::¡::::æi1I:ìš'£ñlm:::::::::::::::::::¡:a~:::¡:¡:¡:::::::::::::!ä:l:Æ EBlmi:8ãw;:~:~:II::i::::::::::::::gâ:::::::::::::in.i::::::::::::SEfl:i,B:ffi:I:i,wffig!1::::I:::9:BRI:î1ffiãfJ.t:::::::::æ:8£ i,n¥1I:IB$m:æl::::::::::ml~:*æ:::::::::::19En:æ!:n::::::::::ã::::::::::eRmp,:~:$Ëª=:::::::::::ffi:ì:mË::::::::::s:!:::::::::::ì:l~ 8HBsª=n!::¡:::Î@I?ª=£!n:ffiR::::::::!n::::::::2EIH:::::::!a:::::::pª=.æ!::::I!I:ª=:::::::§g~E$:::::::8:E ~9BHMffil:2SI:::::::::::::::::::i:ig::::::::II:::§!m§ª=£I9::ffin:::::::::::::::::::!nß::::::::::::::::::lRª=£E£ñli,~ª=:::::;::::::::::::(9æ: I ~ I I ""II1II August 24, 1993 5'47 ~ liiªWD,:¥I:::::::::E~:~:ie~nIÆ:t:::::::::::!n~::::::::~ÊI:E~::::::::I.~'§¥1::::::::ª$i@g~~ª=:~::::::::!g §!:ª=::::::::::g.;RIí,tiÆ!::w2nª=Ê:i:i:i:::g!::::::::::~Ii1::¡::::::I$Mª=D,gi1I:::::.~:¡:¡::::::~M§!:8ÊæMM:::::::::§g îf:Æ,ì:%ª=:::::::i:::~1J:ª=:::::::::::Eª=gg:iÐ@m!nl::i::::::::!s:::::::::::iHEñ:i:§ì:::::::::::ffi!m:::::::::::W@I?ª=Em!:wg i::i:§I:::::::::::ffiÐ:::::::::::~lgmi1:::::::::::E:i:g8t1!:!~Bs;m:::::::::::ílì$Eª=:::::::::::~1J:WE!:::::::::::§!Rgª=DÆ ~M§!:!~:9~W$!:i::::::::8$!i$:¡îl~M::::::::!ì$:::::::::g!gðÐ:ì::æ:~I:ì:sn::::::::!i8MI:ª:::::::::m~:ª=M @Þ.:~~:,::::::§:g:I::::::::~ª=~:§::f: ,(Ord. No. 2816, § 4-15, 3-24-81) state law refereLce(s)--Similar provisions, Code of Virginia, § 18.2-340.3(1,2,3,4,& 5). Sec. 4-117. Valid only in county and at designated locations; exception. A permit issued under this division shall be valid only in this county and only in such locations as are designated in the permit application. However, an organization which has obtained a permit to conduct a raffle may sell such raffle tickets both in and out of the county §!9~:::::::m$M:::::::B:2BªME~::::::::ì:§!:::::::::~~&tìBª ~:ì:~ID::::::::::::ì:B:::::::::::~I~::::::::::ª:HEw~l:i:el.ì:sn:::::::::::WD,::::::::::wl:i:sß::::::::::§!::::::::::m$:ª::8Ð:ì:~¥:::::::::::8:~:::::::::::~Þ;a::::::::::~w£li~~ . ¥ª=E:$:::::::::m8:~g::::::::2E::::::::ffin:::'::::~Þ;!:::::i::ª:HE:i:!:ª:iB!:ffi2ñ:::::::::i:§~:H:inª:::::::::§Þ;§::::j:j:p,@æmwl, except that pull-tab devices as defined in Sec. 4-86 used as part of a raffle may be sold only upon the premises owned or exclusively leased by such organization and at such times as it is not opened to the public, except to members and their guests. (Ord. No. 2816, § 4-15, 3-24-81) State law reference(s)--Similar provisions, Code of Virginia, § 18.2-340.3(2). 2. The effective date of this ordinance shall be October ~ ,... 5,4'8 August 24, 1993 .~ ~ 1, 1993. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS h Grievance Panel Supervisor Nickens will contact cecil Hill to determine if he would be willing to serve another term. L. Industrial Develo~ment Authority Supervisor Nickens will contact Mr. Vinyard and Supervisor Minnix will contact Mr. Branch to see if they would be willing to serve another term~. IN RE: CONSENT AGENDA R-82493-12 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 82493-12 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: I I I I ""II1II August 24, 1993 549 1. that the certain section of the agenda of the Board of Supervisors for August 24, 1993 designated as Item K- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of Minutes - July 13, 1993, July 27, 1993 2. Confirmation of Appointments Corrections Resources Board and Services Advisory Board. to Community the Social 3. Request for Approval of a Raffle Permit From the Cave Spring Elementary School PTA. 4. Approval of Reimbursement Resolution Lease/Purchases of Fire & Rescue Vehicles for 5. Request for Acceptance Olney' Road and Corllens Lane into the Virginia Department of Transportation Secondary System. 6. Authorization to Pay Legal Fees fOL Firetruck Litigation with Grumman Aircraft Company. 7. Donation of a Sanitary Sewer Easement Connection with the Route 11 Project of Virginia Department of Transportation. in the 8. Donation of a Sanitary Sewer and Water Line Easements in Connection with the T.C.E. Projects. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor' Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ..oIIJ ,... 550 August 24. 1993 RESOLUTION 82493-12.c APPROVING REIMBURSEMENT FOR LEASE/PURCHASES OF FIRE & RESCUE VEHICLES 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 certain equipment for the County consisting of a fire truck and related equipment, refuse vehicles and related equipment and two ambulances ("Equipment") and to reimburse such advances with proceeds of one or more financings. The Board of Supervisors has determined that Equipment through one or more lease financing transactions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OS SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by ,the County to pay the costs of acquiring the Equipment from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for the equipment is $1,500,000. 3. The Board of Supervisors determines that the financing of the acquisition of the equipment pursuant to one or more agreements providing for the leasing of the Equipment by the county from one or more lessors (collectively, the "Lease") is in the best interest of the County and the lease financing of the Equipment is authorized. The maximum aggregate amount of the ~ Ir I I ~ <' August 24, 1993 551. principal components of the Lease shall be $1,500,000 plus an amount sufficient to pay the costs incurred by the County in connection with the financing or financings and to fund any required reserves. The Director of Finance and the County Administrator are authorized to select a lessor or lessors and to execute and deliver on behalf of the County an appropriate Lease or Leases and such other documents, agreements and certificates as may be necessary to complete the lease financing. 4. The County Administrator, the Director of Finance and such officers, agents and employees of the County as either of them may direct are authorized and directed to prepare any and all instruments, opinions, certificates and other documents I necessary to carry out the purposes of this Equipment and all such action previously taken is ratified and confirmed. 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 RESOLUTION 82493-12.d REQUESTING ACCEPTANCE OF OLNEY ROAD AND CORLLENS LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Olney Road from the intersection of Mountain View Road (State Route 651) to ....1 ,... 552" AUgust 24. 1993 "'--..'" the cul-de-sac, for a distance of 0.104 miles and Corllens Lane from the intersection of Olney Road to the cul-de-sac for a distance of .083 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as Mountain View Estates Subdivision which map was recorded in Plat Book 13, Page 144, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on August 16, 1991 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a fifty (50) foot right- of-way for streets. 3. That said roads known as Olney Road and Corllens Lane which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ~ ~ I I ~ ~ August 24, 1993 553 None I I NAYS: IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He asked if the County could pay the bill for the legal notice regarding the referendum on elected school boards. Mr. Mahoney ,responded affirmatively. (2) He asked for reconsideration of a referendum regarding selection of school boards by the Board of Supervisors. Chairman Minnix placed this on the agenda after "Reports" Supervisor Johnson: (1) He announced that he attended a meeting at Ms. Castle's house to discuss issues with residents including consolidation, annexation, and problems in core cities such as lack of developable land. He asked for support from the Board members to set up a joint meeting with City of Roanoke to discuss these problems and potential solutions. Following discussion on best method to proceed, Chairman Minnix advised that he and Mr. Hodge will discuss the possibility of a joint meeting with Mayor Bowers and Bob Herbert. Supervisor Kohinke: (1) He attended the LGOC on August 15 - August 17, 1993 and received material which he will share with the Board members. (2) He advised that he felt there was a shortage' of information from departments such as the Police Department. He asked for reports from various departments with statistical data, etc. to be placed under "Reports." (3) He advised that there is a need for a cat ordinance in his area. It was the consensus of the Board to consider a cat ordinance. ..., ,... j' 55'4 August 24, 1993 ..~ IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. h General Fund Unappropriated Balance ~ Capital Fund Unappropriated Balance ~ Board Continqency Fund ~ Report on 1991 Water proiect .h Report on Roanoke Valley Resource Authority Solid Waste Facilities. ~ Report on Bond proiects ~ Report on Reqional Cooperative Effort for providinq Aid to the Midwest Flood victims. h Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of (a) May 31, 1993; (b) June 30, 1993; and (c) July 31, 1993. I IN RE: RECONSIDERATION OF REFERENDUM ON SCHOOL BOARDS APPOINTED BY THE BOARD OF SUPERVISORS Supervisor Nickens moved to reconsider the vote taken on July 27, 1993 which approved a referendum on school board members appointed by the Board of Supervisors. The motion was defeated by the fOllowing recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors KOhinke, Eddy, Minnix IN RE: EXECUTIVE SESSION I At 4: 30 p.m., Supervisor Nickens moved to go into ~ I I ~ August 24, 1993 555 Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (5) discussion concerning prospective businesses or industries where no previous announcement has been made of the business or industry's interest in locating in the community; (7) to discuss legal matters requiring the provision of legal advice by the County Attorney and briefings by staff members concerning contract negotiations: expansion of the sewage treatment plant; and pending litigation: Sigmon, Boone & Beasley cases; and (1) Discussion of a personnel matter; evaluation of the County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-82493-13 At 7: 05 p.m., Supervisor Johnson moved to adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 82493.,.13 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 ~ ,... 556 ~11tTU9t 24. 1993 ~ 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 identif ied in the motion convening the executi ve meeting were heard, discussed or considered by the Board of Supe:rvisors of Roanoke County, Virginia. On motion of Certification Resolution, vote: I Supervisor Johnson to adopt the and carried by the following recorded AYES: NAYS: IN RE: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None PUBLIC HEARING AND SECOND READING OF ORDINANCES h Ordinance Authorizinq a Special Use Permit to Operate an After School Day Care Proqram, Located at 3520 Peters Creek Road, Catawba Maqisterial District, Upon the Petition of Melrose Baptist Church Trustees. (Terry Harrinaton, Director of I ~ ..... August 24, 1993 :557 ~ , Planninq & Zoninq) 0-82493-14 Mr. Harrington advised that the Planning commission recommended approval of the petition and there were no citiz'ens in opposition to the Special Use Permit. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ORDINANCE 82493-14 GRANTING A SPECIAL USE PERMIT MELROSE BAPTIST CHURCH TRUSTEES TO OPERATE AN AFTER SCHOOL DAY CARE PROGRAM LOCATED AT 3520 PETERS CREEK ROAD (TAX PARCEL 37.10-1-22), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Trustees of Melrose Baptist Church have filed a petition to allow the operation of an after school day care program located at 3520 Peters Creek Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 3, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading- on this matter on July 27, 1993; the second reading and public hearing on this matter was held on August 24, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of I Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a ~ ,... 558 August 24, 1993 IF special use permit to allow the operation of an after school day care program located at 3520 Peters Creek Road 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 Trustees of Melrose Baptist Church to allow the operation of an after school day care program locateâ at 3520 Peters Creek Road in the Catawba Magisterial District. 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 IN RE: CITIZEN COMMENTS AND COMMUNICATIONS h The Roanoke County Fire and Rescue Chiefs Board will speak reqardinq Roanoke County's request for an audit of funds collected by the volunteer Fire and Rescue stations. This issue was not discussed. L. Complaints from citizens reqardinq Mr. Hodqe. The following citizens expressed their concerns about the written response from Mr. Hodge to Davîd Sligh's recent letter regarding several issues, including Mr. Sligh's assertion that the County staff did not follow the Comprehensive Plan, .the Zoning Ordinance and Soil and Erosion Control regulations. ~ I I ·:}.1 ~ August 24, 1993 5 " , 59 was 1.nappropr1.ate that Mr. Hodge sent a copy of his response to Mr . Sligh's employer at the Department of Environmental Quality. They requested that Mr. Hodge be reprimanded and that he apologize to Mr. Sligh. 1. David Sligh, 7917 Bradshaw Road, Salem 2. E. Ray Wirt, P. O. Box 7412, Roanoke 3. Jeff Janosko, 8485 Newport Road, Catawba 4. Christoper Swan, 3618 Catawba Road, Blacksburg 5. Ginny Davis Owen, 6161 Cotton Hill Road, Roanoke Following the speakers, there was no discussion and no action was taken. I IN RE: ADJOURNMENT At 7:20 p.m., Supèrvisor Nickens moved tö adjourn. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None I ..oIIJ ,... IF ~ I I