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Home My WebLink About9/22/1992 - Regular ~ ~ september 22, 1992 706 Roanoke County Board of supervisors' Roanoke County Administration centér{ 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 September 22, 1992 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 September, 1992. I IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:03 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 (Arrived 3:15 p.m. ) 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 M. Myers, Assistant County Administrator; A~ne Marie Green, Information Officer IN RE: OPENING CEREMONIES I The invocation was given by the Reverend Arthur E. Grant, Woodlawn united Methodist Church. The Pledge of ~ ~ 707. 707 .; ~ ~ September 22, 1992 Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Eddy announced that Item E-5, Request to Reconsider Revising the Policy for Use of the Roanoke County Administration Center Community Room, had been withdrawn at Supervisor Kohinke's request, and that two real estate items were being added to the Executive Session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Introduction of the 1992-93 Officers of the ~ Emplovees Advisorv Committee. (Diana Wilson. Past Chairman) Diana Wilson, Past Chairman of the Employees Advisory Commi ttee, introduced the newly elected Chairman Nancy Bailey, and vice Chairman Todd Booth. IN RE: BRIEFINGS ~ September Report on 1991 Water Pro;ects Utility Director Clifford Craig updated the Board on progress of the Spring Hollow Reservoir and the water treatment plant. He advised that the current contract total cost remains unchanged at $24,245,000. He announced that meetings have been held with the Corps of Engineers to review the permit for withdrawing water from the Roanoke River and to discuss methods I I ~ ~ september 22, 1992 708 I I for delaying construction of the Glenvar pump-back system to save money. The proposed modification would reduce the yield from 19.2 to 7.5 MGD and the County might be subject to new regulations by deferring construction of the Glenvar pump station to the year 2005. Supervisor Johnson and Eddy advised that they felt the risk was not worth the savings at this time. ~ smith Gap Landfill John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, reported that the tipper and maintenance facility was bid with costs exceeding the engineer's estimate and the project will be rebid. The transfer station has been advertised for bids and demolition at the site has begun. The site work at the landfill continues, with major work being done on road building and grading in the fill area. Mr. Hubbard advised they are still planning on meeting the 1993 deadline, and that the Division of Waste Management is aware that the Authority is proceeding while the Part B application is pending. In response to a suggestion from Supervisor Johnson regarding use of the additional land for recreation, Mr. Hubbard responded that the Authority plans to create a planning committee with Bradshaw residents to look at this. In response to a question from Supervisor Eddy regarding the landfill liner, Mr. Hubbard advised that they will meet the federal guidelines if the General Assembly does not make changes. ~ Results of Space Needs StudY Jyke Jones, Jones & Jones Architects, presented the ~ ~ 7"0 9- c:~ September 22, 1992 results of a space evaluation study ascertaining the current and future office space requirements for the County government. Mr. Hodge advised that the staff will continue to look at space needs, coordinate the study with the school administration, and will bring back a report outlining the various alternatives for additional space. ~ Team Traininq Proqram Mr. Hodge announced that the training sessions for department heads to implement the team management concepts will be held on September 24 and 25, and October 5 and 6, 1992. He invited the Board members to attend. Assistant County Administrator Don Myers introduced the staff members who developed the sessions and will serve as facilitators. IN RE: NEW BUSINESS h Requést for Approval of Chanqe Order for the Sprinq Hollow Reservoir Contract. (Clifford Craiq, utility Director) A-92292-1 Mr. Craig reported that Change Order No.8 for $714,544 covers material and construction required to add water lines associated with the water treatment plant and located within the reservoir project. Funds for the change order are available within the Spring Hollow Reservoir Budget. Supervisor Nickens moved to approve the change order. The motion carried by the following recorded vote: ~ ~ I I "'1111 ~ September 22, 1992 710 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ Request from the Roanoke Valley Convention and Visitors Bureau for Resolution of support for Grant Application to the Center on Rural Development. (Joyce Wauqh, Economic Development Specialist) R-92292-2 Ms. Waugh advised that the Bureau is applying for a Virginia Center on Rural Development grant to install two low- band radio systems along rural stretches of Interstate 81 that I will provide non-commercial visitor information on attractions, special events, recreational activities and other visitor services. Ms. Waugh recommended that the $3,000 funding be appropriated from the pUblic-private partnership funds. The system will be programmed and operated by the Convention and Visitors Bureau. Supervisor Johnson moved to adopt 'the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I RESOLUTION 92292-2 OF SUPPORT FOR GRANT APPLICATION FROM ROANOKE, VALLEY CONVENTION , VISITORS BUREAU TO THE CENTER ON RURAL DEVELOPMENT WHEREAS, economic development is recognized as an essential ingredient in creating jObs, increasing the tax base ~ ~ 711 C· september 22, 1992 and raising the quality of life of all Virginians; and WHEREAS, tourism is recognized as an $8 billion industry in the Commonwealth of Virginia, and a vital component in economic development; and WHEREAS, the Roanoke Valley Convention and Visitors Bureau promotes tourism throughout the urban and rural region, including the counties of: Botetourt, Craig, Franklin, and Roanoke; the cities of: Roanoke and Salem, and the Town of Vinton; and WHEREAS, the City of Roanoke, city of Salem, and County of Roanoke have adopted resolutions supporting the Bureau's application for the Virginia Tourism Accreditation Program; and WHEREAS, the top needs of the region include increasing tourism and enhancing regional cooperation; and WHEREAS, the Roanoke Valley is becoming known for its recreational activities, scenic vistas, festivals, major events, historic landmarks, and visitor facilities and services; NOW, THEREFORE, BE IT RESOLVED THAT the Roanoke County Board of Supervisors supports the Roanoke Valley Convention & Visitors Bureau's application to The Center on Rural Development for an innovative grant to implement a new, low band visitor information/highway advisory radio system along the rural area of Interstate-81; and BE IT FURTHER RESOLVED, that the purpose of the grant is to promote rural tourism in an effective, useful, and ~ ~ I I ~ ~ September 22, 1992 712 I I innovative manner that will result in educating the I-81 traveler about the region he or she is driving through with the ultimate intent of attracting a portion of travelers into the region for economic benefit. 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 ~ Request from the Department of Social Services for a Medicaid Benefit Proqram Worker to be FullY Reimbursed by the State of Virqinia. (Dr. Betty McCrary, Social Services Director) A-92292-3 Dr. McCrary advised that Medicaid applications have increased 43 percent since January 1991, but that staff has not been expanded to meet the increase. The Department of Social Services, the County Health Department and the State Health' Departìnènt have entered into an agreement which will allow a Medicaid Benefit Program worker to be employed by Social Services and placed in the local Health Department. The one-year contract will be reviewed at the end of that time to measure its effectiveness and desired continuance. Dr. McCrary requested funding of $18,538 and a corresponding increase in revenue from the State. The position will be 100% reimbursed by the State. Supervisor Minnix moved to approve the position. The motion carried by the following recorded vote: ~ ~ 713 September 22, 1992 AYES: NAYS: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None ~ Request for Approval of Recommendation to Implement Removal, Remedial and Closure of Dixie Caverns Landfill. (CONTINUED FROM SEPTEMBER 8, 1992) (Paul M. Mahonev, County Attorney) A-92292-4 Mr. Mahoney advised that on September 8, the Board requested additional information on this issue before making a decision. He advised that the Engineering Department and George w. Simpson have been designated as Project Coordinator for removal, remedial and closure actions at Dixie Caverns. Staff is requesting the following: (1) hire Olver, Inc. to provide engineering design, work plans and technical support; (2) hire contractors and subcontractors to perform the work; (3) hire one additional employee and necessary equipment to oversee the project; and (4) commit to appropriate additional funds as required. In response to inquiries from Supervisor Eddy regarding the new position and whether Roanoke Electric Steel will assist, Assistant Engineering Director George Simpson advised they plan to fill the new position as soon as possible, and Mr. Mahoney responded that Roanoke Electric Steel already has staff working on this project. Supervisor Nickens staff position and equipment. moved to approve the additional The motion carried by the ~ ~ I I ~ ª' September 22, 1992 714- following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy ~ Request to Reconsider Revisinq the POlicy for Use of the Roanoke County Administration Center Communi tv Room. (Marv Allen, Clerk to the Board) This item was withdrawn at the request of Supervisor Kohinke. h Request for Declaration of Intention <> for Reimbursement of Expenses from Bond Issue Proceeds I for Acquisition of Land for Hiqh School. (Diane Hvatt, Finance Director) R-92292-5 This request will allow the County to reimburse itself for expenses for acquisition of land for a new high school from future bond proceeds when they become available. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I RESOLUTION 92292~5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR PUBLIC SCHOOL PURPOSES WHEREAS, the Board of Supervisors of Roanoke County, ...4 ~ 715 ~ September 22, 1992 Virginia, ("County") and the School Board of the County have determined that it is necessary or desirable to advance money to pay the costs of acquiring land necessary for a new high school for the County ("Project") and to reimburse such advances with proceeds of one or more financing. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia: 1. That the Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.103':18. 2. That the Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board of the County to pay the costs of acquiring the Project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for such purpose is $750,000. 3. That beginning no later that 30 days after the adoption of this resolution and ending on the date on which the debt or other financing is issued, this resolution will be reasonably available for inspection by the general public during , normal business hours, at the office of the County Administrator. 4. That this resolution shall take effect immediately upon its adoption. On motion of Supervisor Eddy to adopt the resolution, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ~ I I "'1111 ª' september 22, 1992 . 71 6 ,;. NAYS: None ~ Request to Extend Valley Metro service into Roanoke County. (John Chambliss, Assistant County Administrator) A-92292-6 I Mr. Chambliss reported that there have been requests from residents and businesses to extend two of Valley Metro's routes into Roanoke County. The first wo~ld be along Brambleton Avenue to serve the needs of the Department of Rehabilitative Services at a subsidy of $4,500 per year, and the second to extend the route along Williamson road to serve Hollins Manor Home for Adults at a cost of $28,775 annually. Supervisor Minnix moved to approve the staff recommendation to defer any decision until the 1993-94 budget process. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None IN RE: REOUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first reading. The motion carried by the following recorded vote: A~ES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I h An Ordinance to Rezone 3.09 Acres from R-5 to R-1 to Construct Sinqle FamilY Homes, Located at the ~ ~ 711 ~ september 22, 1992 Intersection of Buck Mountain and Starkey Roads, Cave Sprinq Maqisterial District, Upon the Petition of Palm Hermitaqe Corporation. IN RE: FIRST READING OF ORDINANCES h Ordinance amendinq and readoptinq Article I, "In General" of Chapter 21 "Taxation" of the Roanoke County Code by the Addition of a New section 21-9 "Use of Credit Card in PaYment of Taxes" (Alfred C. Anderson, County Treasurer). Mr. Anderson advised that the Code of Virginia enables a local governing body to authorize the Treasurer to accept paYment of local taxes, other fees, and charges using a credit card. citizens using credit will pay the service fees which will not exceed 4% of the bill. Mr. Anderson is in the process of negotiating with the banks to set the fee. He reported that several localities in northern Virginia, Tidewater and Richmond use credit cards and their experience has been positive. Supervisor Johnson moved to approve the first reading of the ordinance and set the second reading for October 13, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: SECOND READING OF ORDINANCES ~ ~ I I "'1111 ª' September 22, 1992 718 C4 h Ordinance to Amend and Reenact Section 7-61, Roanoke County Code and Adopt Section 105, Unsafe Buildinqs, Volume II, Virqinia Uniform Statewide Buildinq Code. (Arnold Covey, Director, Enqineerinq , Inspections) 0-92292-7 There was no discussion and no citizens spoke on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ORDINANCE 92292-7 AMENDING AND REENACTING SECTION 7-61 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR THE ADOPTION OF A PORTION OF VOLUME II "BUILDING MAINTENANCE CODE" OF THE UNIFORM STATEWIDE BUILDING CODE, AND TO ADOPT SUCH PROVISIONS TO REQUIRE THE REMOVAL OR REPAIR OF UNSAFE BUILDINGS AND STRUCTURES WHEREAS, Section 15.1-11.2 of the Code of Virginia, 1950, as amended, authorizes the Board of Supervisors to provide by ordinance for the removal or repair of any building or structure which might endanger the public health or safety, for agents and employees of the County to· remove or repair such buildings or structures after reasonable notice, for the recovery of the County's costs and expenses of repair or removal, and for the assessment of a lien for unpaid charges; and, I WHEREAS, Volume II, "Building Maintenance Code", of the Virginia Uniform Statewide Building Code, provides that any ~ ~ 719', september 22, 1992 local government may enforce the Building Maintenance Code, or any portion of the code; and, WHEREAS, Chapter 6 of Title 36 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to adopt and enforce this Uniform Statewide Building Code, and that this authorization will not prevent the adoption of other local ordinances in accordance with Title 15.1 of the State Code; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby determines that it is in the public interest to adopt a portion of the Building Maintenance Code to address the problem of unsafe buildings, which shall be declared to be a public nuisance and unfit for human habitation and shall be made safe through compliance with this portion of the code and shall be vacated, and either secured against public entry or taken down and removed as directed by the building commissioner; and, WHEREAS, the first reading of this ordinance was held on September 8, 1992, and the second reading of this ordinance was held on September 22, 1992. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That section 7-61 of the, Roanoke County Code is hereby amended and reenacted as follows: Sec. 7 61. Euemptiono from article. The provioiono of thio article ohall not apply to any building or otructure \,Thich \:ao ouhject to the Virginia Uniform £tateuiàe Building Code \:hen conotructed. If any ouch building ~ ~ I I ª' ~ '720 September 22, 1992 I I or otructurc bccomco unoafc, it ohall be oubjcct to thc provioiono of ouch building codc. Sec. 7-61. Adoption. There is hereby adopted by the board of supervisors. insofar as not inconsistent with the laws of the State. this Code and the ordinances of the County. for the purpose of establishing rules and requlations for the protection of the public health or safety as a result of an unsafe buildinq or structure. a portion of that certain code known as the Virqinia Uniform Statewide Buildinq Code. Volume II. Buildinq Maintenance' Code. Section 105.0 "Unsafe Buildinqs". as the same may. from time to time. be amended. This portion of said code is hereby adopted and incorporated as fullY as if set out at lenqth herein and the provisions thereof shall be controllinq in the inspection. enforcement. repair. removal and securinq of buildinqs or any other structures within the County and within the Town of Vinton. 2) That this ordinance shall be in full force and effect from and after October 1, 1992. 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 ~ Ordinances Amendinq and Reenactinq Various Sections of the Roanoke County Code to Reflect Recent Leqislative Chanqes By the General Assembly. (Joseph Obenshain, Sr. Assistant County ...1 ~ 721 September 22, 1992 Attorney) 0-92292-8 There was no discussion and no citizens spoke on these ordinances. Supervisor Johnson moved to adopt the ordinances. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.a AMENDING AND REENACTING SEC. 3-5. SMOKING PROHIBITED., SEC. 3-8. EXEMPTIONS., SEC 3-10. POSTING REOUIREMENTS. AND SEC. 3-12. ENFORCEMENT. OF ARTICLE II, ROANOKE COUNTY SMOKING POLICY OF CHAPTER 3, AIR POLLUTION OF THE ROANOKE COUNTY CODE REGARDING EXCEPTIONS TO AND ENFORCEMENT OF THE VIRGINIA INDOOR CLEAN AIR ACT. WHEREAS, the "Roanoke County Smoking Policy" was adopted in 1990 to make effective within the County of Roanoke the provisions of the "Virginia Indoor Clean Air Act," Chapter 8.1 of Title 15.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the 1991 and 1992 sessions of the General Assembly of Virginia have adopted certain amendments to the "Virginia Indoor Clean Air Act" which require corresponding amendments to the "Roanoke County Smoking PolicYi" and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: ~ ~ I I "'1111 ~ september 22, 1992 722 1. That Sec. 3-5. "Smoking prohibited," SEC. 3-8. Exemptions," Sec. 3-10. "Posting requirements" and Sec. 3-12. "Enforcement" of Article II, "Roanoke County Smoking Policy" of Chapter 3, "AIR POLLUTION" be amended and reenacted as follows: Sec. 3-5. Smokinq Prohibited. It shall be unlawful for any person to smoke in any of the following places: 1. Elevators, regardless of capacity, ~E~mil::inttãÐ¥ 8mgR::::::::m~:~~E:ì:ð:t.t¡:~gæ§:i'-:':,::~:~gMI!i9E¡f:::::::::Ðg!i:::::::::ì:ñílJ~,~ÆI:::::::~:8E::::::M~i#i !¥:::::::$~~:::::::mH~~,ffi8 ; I Sec. 3-8. Exemptions. A. provisions of this Article shall not be construed to regulate smoking in the following areas: 2 . Reta i 1 tobacco stores:'~:¡:::::::::::::¡:¡:~8~~'E8g:::¡:::::¡¡¡::::wiE~ff99:~i#i§::::::::¡:¡:::::¡9E ígÞ.~8BBIDãÐ9,~~8~HE'ì:ñ:~:¡::¡:¡~ð¡8:ffi:±::ií'ffi:g~ ; Sec. 3-10. Postinq Requirements. Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by this Article sha 11 post s igns8gÐ~R:ffi¡89:8H~::::::::::::~8¡¡¡:::::¡:::R9i~¡~:æS:::::¡:¡:¡:¡Ÿ¡æ:~ñ stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary pUblic view at or near each public entrance stating I "No-Smoking Section Available." Sec. 3-12. Enforcement. ~ ~ 72.3 September 22, 1992 ~ The provisions of this Article shall be enforced by any department of the County duly designated by the County Administrator. ~~~I~ill~I~~~~ i:~:::~::~:H.gn!:::~::::lmªi:p;I:f:nª:::::::A::::::::M:ì:g~~~:f::8ñ:::::::g~t:::::~m:æ~::::::::gEª:ì:p:i:ñË~:l: 2. This ordinance shall be in effect from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.b AMENDING' AND REENACTING SEC. 4-86. DEFINITIONS., SEC. 4-90. PARTICIPATION IN MANAGEMENT, OPERATION OR CONDUCT GENERALLY., SEC. 4-95. LIMITATION ON VALUE OF PRIZES., SEC 4-96. FINANCIAL RECORDS AND REPORTS GENERALLY., SEC. 4-97. CERTIFICATE TO ACCOMPANY FINANCIAL REPORT., SEC 4-100. LIMITATION ON FREQUENCY OF BINGO GAMES., SEC 4-101. RESTRICTIONS ON USE OF GROSS RECEIPTS FROM BINGO GAMES OR RAFFLES., SEC 4-113. QUALIFICATIONS OF APPLICANT., AND SEC. 4-117. VALID ONLY IN COUNTY AND AT DESIGNATED LOCATIONS: EXCEPTION. OF ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENTS OF THE ROANOKE COUNTY CODE I 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 I or raffle within such county as long as not in conflict with the provisions of Article 1.1, Bingo and Raffles, of 'Chapter 8 of ~ ª' ~ September 22, 1992 7 Z 4 ¡;, I I Title 18.2 of the Code of Virginia; and WHEREAS, the 1992 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 WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. 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 follows: Sec. 4-86. Definitions. For the purpose of this article, the following words shall have the meanings ascribed to them in this section: . . . . Raffle means a lottery in which the prize is won by a random drawing of the name or prearranged number of one or more persons purchasing chances . 19W¡Mg:j~::j:j:j:j:á1BIÎjjnªt:j:j¡j:j:wnij:j:j:j:j:liæ@j:j:j:j¡::je®IWEÎI ¡n~æ~j:j::::::Igle:Œ¡Bælj:j:¡:j:¡:j:ji!:::::::::~:::gEª:,,:n:æ:~:i!~ægR::::::::::1IEg!j:j::::::::::Be:æfi~:::::::::::::lie::j:::::::::::!~il!::I:::::::tJ§£I.M §iìiBliifijej::::::::::::IMf:Í:lz!:::j::::::::::íBmR!;§:¡:::::::¡::i!e:::~::::::::::!mjl:::::::::::::Biií¡ã:::::::::::::l1gl::::::::j::::ã¡l.ænì:ñ2:::::::::::::~11 ~æl1¡E:~:::::¡::g~:::::i:¡e:::::::::::Îg!~IM.¥::~:j::::::::~:mg¥:j~:::¡¡¡:gP;~EB:m;§¡:::::::::g~:::::¡¡¡:¡lfæ:!:¡:::¡:::~~!ijæñì:~ægR¡:~::¡:::::j:::j~~:~~i:~:~:!¡~~: ~ie:Î:~:::¡:¡:::j:::Wne:~H~:I::j:j¡::¡:j:~!~I.æ!:wnß.j::j:j:j:;§n!:::::::~:~:ïæl1¡E::j:j:j::¡:¡g~¡j¡j¡j¡jIej¡:¡j¡:~::j:jÎg!~IM.¥:::j:j:j¡j¡j§.¥ill:jI:j:j¡M§~¡::j~j:j:]ÎiI REIÊe:e~~~I~::¡~¡:PB:~:Æ::g£!þ:j:j:j:8;R~æ:e;§~j:j:j:ffqwêlj:::::::i!EI::::¡::ã¡Îw:§~!¡:::¡:jmãl:::::::EßmËj*:1li~Ê::::~jgi: ~ ~ 725 / September 22, 1992 R~:p@,!t:::::::::êi)::::::~::~~lm!1::::::::::RÊggP;R~:~M:::::::S,i.~V;::::::::::8:9Ë:8@i1:i:@~:i:::~:::BPID~~i)§::::::::::gÊ::::::::::§xm~g~!::::::::~::!I:1:1 mB!:!:::::::B@:::::::miRgæ:@,~:::::::§i::::::;I:@,:::::::li:i:I:¥:~i):::::i:~:ê:::::::f1i@!m!1m:~n@,:::::::n:in!::::::::8!1::::::::æg§!:~æ:~::::::gë::::::::mi1M :i:BE~M~i:::::¡:iEB@:::::::íæ~::::::::g~::::::::Ð¡:¡::::::æ~i1i::::::::iÎ:~gí:::::::::8gñE@,$lææ:::::i:::I:::::::::n}l§ßB:::::::Ri):::::¡:¡§Be:I:::::::;I:1:1 1:1:!:¡:¡:¡::::§@,~pl:I¡ë:@,!:ffiœ$l!~g¡::::::::::¡B::::::i:::I:~gên£~:::::::¡:¡I::§::::¡:::::i1:::::::::ËE:¡:;:@'::¡:¡:¡:::iÍ:~Ënl;t¡:¡::::ffinE:iMf1i:¡B~:::::¡:¡:~H~ iê~::::::::~æ:ií:i::!~g¡:¡::::::~e:::::::::PB:~:æ:]I::I?:::::::::~~MffiE:~æ::¡::::::RgmmgË:~¥:¡:¡:::::%!B.:::::::::ê¡§¡:¡:¡::::~ffiR¡~::::::Bgi1if:ª!::::::::::eB æ:@,¡æ::::::::8Dë:§¡Æ Sec. 4-90. participation in management, operation or conduct generally. gë~RI::::::::::~:gít::::::::F:~E:~gBæ¡:::¡::~¡:SmBmgM&1::::::::::~æ¡:::¡:::::s:~iE:ffiE~~::::¡:::::¡!æ:æ!:!ênli:::::::::BM 81ª:i1Ë:æ¡i:i1~ægñæ¡:::::¡:¡:R8mBgæ:@,~:::::::::e,~:::::¡::::eB:::::::::~9W:::::::::~~ê'~::¡::::::8!1:::::::::lm¡wBë:::::::::Em!1!:gË:§:~~:¡:¡:::¡:¡:¡eiæM:::¡:¡::Ne peroon, except a bona fide member of an organization holding a ~ permit under this Article who has been a member of such I organization for at least ninety ( 90) days prior to such participation shall participate in the management, operation or conduct of any bingo game or raffle. Except as provided herein::~:: no person shall receive any remuneration for participating in the management, operation or conduct of any such game or· raffle. !@,®i8næ::::::::::::$mËÆ8Ißii::::::~:::i~:::::::::::8if:i$lñ:i.i::¡!~i:e!!::::::::::::8R~P8:§S~:::::::::::8~ti:::::::::81::::::::::::~gl:::::::::::iß~:I::::::::::::ªB ~ÆÆnii¡:::::::::::Ë:~~§8!æ:::::::::::::æ~¥:::::¡:¡:¡:::®~E@:W:g%:::::i::::::W&IDœ&E$l!:i:e!::::::¡::::::Ë8!:::::::::::::l:gj:¡:¡:¡:¡::@,I:R%@,ii::::::::::¡:I:Bffi!lM ë:e:~:æÐE!~:~:~¡~:~:i:~::~:~:g::~::g¡g:~i::::::::::RSi):::::::¡:~¥iËI::::::::::i:8®:~:::::~¡êE9!g:il¡WBª-1:::::::::R:i:@'E:¡ŠH¡~:::i:~:~:Ð:æ:§:i::!~$ñli:::::::::ffin .i~::::¡:šêËëME~:¡:¡:¡:9!~:::::::B:I1ª-1e¡:¡::::gÐID@i::::i:~:eB:::::::i)I::~:~:i:@'!:¡::::::8n:~¥:¡:¡::::~g£::::::::§p!¡I:::::B!Êª-1l:iffil:l:lffišn::f:: Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided that organization is nonprofit. The spouse of any such bona f ide member or a f iref ighter or ~ I ~ ª' september 22, 1992 726 ':' rescue squad member employed by the ,county may participate in the operation and conduct of a bingo game or raffle, if a bona fide member is present. 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 shall , I exceed one hundred dollars ($100.00). ::~::I::~~:::~::::::::::::tT:g:~:;:,,:ffin§12~n!':,:,,~ffiÐg8::::::::::gm,;~i'!:~:j:~:~:::::~:BE::,:,:::::~::::::::::::§:ffiÐg~Fi:::::::::::8!E~::~:~::::::!I~:~,M ~*§F;~mj:::::::~:,ì¥Ë::.::::IBn~~a::::::~g~:~~E§::'::::::~::~:!:9R]:]~9:"::::f::: :~(M?)H-3+ No jackpot of any nature whatsoever shall exceed one thousand dollars ($1,000.00), nor shall the total amount of jackpot prizes awarded in any calendar day exceed one thousand dollars ($1,000.00). . . . . Sec. 4-96. Financial records and reports generally. (a) Complete records of all receipts and disbursements shall be kept by every organization holding a permit under this I Article. Such records shall be filed annually, under oath, with """"",..,." , the commissioner of i¥!;::::::::::revenue. All such accounting shall be made on or before the first day of !:ËÊ:§IDŠfm November of each calendar year for which a permit has been issued. Such accounting shall include a record of the gross receipts and ...1 ~ 727 September 22, 1992 disbursements of the organization for the year period which commenced on October 1 of the previous year ::::::::~U!ª::::::::~::::::::Ê~E8EI::::::::g~::::::::1ææ: ffimn:;¥:::::::::ffin::::::::!I:;:::::::Eg§~:~~:§:ffi:gn,:::::::g~:::::::MÞ.1~::::::::8EgHn:ffi:~:H¡Þ:ffi:gB::::::::I1H¡Þ:::::::ñp,:§:::::::;äE:ægª!I::::~Egm §æñwg:::::::::::::::mE:::::::::::::::æn:§I~:n¡þ:::::::::::::::§æP;gg:i:::::::::::::::::E;ª:~Eª:~:~~:§:::::::::::::::g~::::::::::::::f{ng:::::::::::::::~I:Æ::::::::::::::m9ñ~i:::::::::::::::i1~i E~E;:%¥Æ!::f:: Any organization whose gross receipts exceed fifty thousand dollars ($50,000.00) during any calendar quarter shall be required to file an additional accounting of its receipts and disbursements during such quarter, no later than sixty (60) days following the last day of the quarter. (b) The term "gross receipts, " as used in this section, shall mean the total amount of money received from bingo and "instant bingo" operations before the deduction of expenses or prizes. (c) All reports of receipts and disbursements required by this section shall be made on a form E~lt~:~~æP;~::::::::::::::::£in! :~nw:RITII~:~:gP;::::::::::::~m::::::::::::Eß9.9:æE~ª::::::::::::~¥:::::::::::::~:êw:::::::::::lJâ approved by the Board of Supervisors and duly acknowledged in the presence of an authorized notary public. (d) The failure to file the reports required by this section when due shall cause the automatic revocation for the permit issued under this Article and the organization involved shall not conduct any bingo game or raffle thereafter until such ~ report is properly filed and a new permit is obtained. (e) The reports and other items required to be filed under this section shall be a matter of public record. Sec. 4-97. certificate to accompany financial report. ~ ~ I I ~ ~ 72,8 September 22, 1992 I I Xð):: The financial report required by section 4-96 shall be accompanied by a certificate, verified under oath, by the board of directors of the organization that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles, has been in accordance with this article. ¡:~:§:~¡: Any organization having annual gross receipts from bingo games or raffles in excess of f:JJi$e~:~:aiuñd$è'ã:::::::£ffau:såHam:?aa:I&aEs :::::::::::::::;:;:;:;:::::::::::::::::::::::::::::::::::;:;:;:;:;:::::::::::;:;:;:;:;:;:;:::;:::;:::;:;:;:::::::::::::::::;:;:;:;:;:;:;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::;:;: ¡¡~¡:~I:g:g¡:i¡¡¡9:g:g::f¡:e:g:~:: t\{O hundred thouoand dollaro ($200,000.00) as shown on its annual financial report, shall attach to such report an opinion of a licensed :iÐm:®í.î~PB~ÐE certified public accountant tha t ( i) ~P;~::::::¡:¡:¡:~ÐñH~:*:::¡::::::::~¡æ:B~egffi~:*::¡:::::::¡:BÆPãB;~t::::::::::EË®§:~P~§¡::::::::::::Ê~:æ~:±:M¡~¡¡::::::¡:¡:¡:¡æ:B:¡¡:¡::::::~~$::± m~E®gì:~:*:::::¡:¡E~~g®B:!æ,i:¡:¡::¡¡:::§ßg¡ffiÐñ:í,B:~¡¡:¡:¡:¡:8~§~¡:?:¡:::::::::BÆ8~ffií.î!¡~::?1¡¡:¡¡:¡:::8í.î~iB~~:iÐ~]:::¡:E8§¡R¡:~:::::::¡:¡:9:~! ã~:¡::::::¡¡:¡:gER8~®B§::i::¡:::::::::¡:¡!Jm::¡:¡:¡:::::¡!Ðm:ffiñ~¡:¡:¡:¡:¡:¡:¡B~¡~» the 0 ta temen t 0 f recc i pto and dioburoemento io true and correct; (ii) the proceeds of any bingo games or raffles have been used¡:?::¡:::¡:::::::ffiñ:::::¡:¡::~:~:æ:::::::::m~lmEæiÆ:::::::::¡ÊÆ~I~BI§¡~:¡ for those lawful, religious, charitable, community or education purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all m$.t.ø.E$.ª$ respects in accordance with the provisions of this .;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:.: Article. :¡fe:~:¡:¡:¡:¡:¡:::::mn~:::¡:¡:¡:¡:¡~¡~:ffi:*!i~%::¡:::::¡:¡:EB:::::¡:::::¡:~:i¡Æ%¡:~:::¡:¡¡::£ß~¡~:~:~::::¡¡p;p:ffiÐ:i:RP::¡::::::::::ã~:::::::::::¡:~:::::¡:¡:¡:¡:*:ie§næ:~i ¡~Ðm:®í.î~PBDE¡:¡:¡:¡:¡:¡:E®gRÆ:~¡~¡~i¡¡¡:::¡:¡:¡:RH§Æ:ffi¡8:::::::::::::~E¡8§lnR~Ð~:i:::::::::::~::~§:®n::::::::::::g~Ii:~~Æg:~:::::::::::::::§I~:*:1 E~!i~%::::::::£ß~::::::::IIFgíi:lffi8::::¡:::~§Î98~~:~¡RB¡:¡:¡:::ã~:¡::::::.~::::::::g®.æ~:::::::::~ßI~:¡j::::1g:j:j¡:¡:Bii2~Ð:I!ª~:IRI ...1 "... 729 september 22, 1992 ~1~¡i1:!:::~¡~::::¡:$Rñª=M§I:::¡::::::::~!ñ¥:::::::::::::§:i:Ðª9:::~::::::::ª:~m:~:::~:~:::~:~:8~::::::::~:::~~~:~:±:!:::::::::::::~m:~~!~:~:E!E~::::::::::M!ñ:Ei::I:::::::::::::~II §p::ífi:ffi:8P;:::::::::::~~!œ:iti%I::::::::::::B¥=::::::::::::~ftffi:~~~:::~:::::::~I§lægÐ:¡:::¡::::::::i:!:::::::::~:~:g¥gE&Ê:±¥:::::::::::::~:ffi:i1ß~::::::::::::I:ilf:l::::::::::::ms ~!g8~~::::::::::~!ñã:::::::::~::::::::::!ñ!f{:::::::::lgmæ:E'::.::::gÞ~~:i:Ð:%ã:f:::::::::::II!::::::::::81:inffign:::::::::E~gH:ffiEi~::::::::::§¥=::::::::::~læš !:~$~:ffi:8P;:::::::::::i:!:::::::::::ffi!ñ:::::~::::fÆllffi~:igÐ:~:::¡:!~g::::::::::~!1m:::~:::::::I:MI:i~:::::::,::~fim:::::::::::~!ãÆ¡~:::::::::::~ß!::::::::~:E~gBi:~lã:::::::':t?M !:!E:f::::::::::I:ffi~:I@: Sec 4-100. Limitation on frequency of bingo games. (a) No organization may hold bingo games more frequently than two (2) calendar days in anyone calendar week, except that a special permit may be granted an organization which entitles such organization to conduct more frequent operations, during carnivals, fairs and other similar events, at its principal meeting place or any other site selected by such organization which is located in the county and does not violate any other ordinance of the county. The sponsoring organization shall accept only cash??P!IF ~;ti:::::::::::i~~::::::::::RElægÐ:~~::::::::::::B!iß8~~ in payment 0 f any charges or assessments for players to participate in bingo games. (b) No building or other premises shall be utilized, in whole or in part, for the purpose of conducting bingo games more frequently than two (2) calendar days in anyone calendar week; provided however, that the provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with subsection (a) above. No building or other premises owned by an organization as defined in section 4- 86 which is qualified as a tax exempt organization pursuant to section 501 (c) of the united states Internal Revenue Code shall ~ ~ I I ~ "'1111 September 22, 1992 730 be ,utilized in whole or in part for the purpose of conducting I bingo games more frequently than four (4) calendar days in any one calendar W%Ë! year. One building or premises owned by the county shall also be exempt from the provisions of this subsection. Sec. 4-101. Restrictions on use of Gross Receipts from Bingo Games or Raffles. ~EiR~::;j:::::::~:BE::::::::::::::æ~:~§:8~á~!~:g:::::::::,:"~9!:::::::::::::::gB9E!i}£:::::::::::::::RR@æ~li'!Ðß.j:::::::::::::::ÊS§!~::f: :!ÐEi1HŠ:ffiiñg::::::::ª9ª1~::::::::i~m:8§:ì:~'~,~~,::::::ñf!iI~::::;:ÊEBMæ~!:R;ª::::::::$:~~B:¥8:i:Æ:::::::::~:~:~:ffi:ml~B8,~:::::::::wñ !Jil:::::::ESiIB8!:::::::S!:::::::f?:ffiiñg'g:::::::::::::iª~m~§::':gE,::::::~ð::!,~~'~:~::::::::~BB::::::::9EIIJ:ffi'%~!:%:g!~::::::::8RIDFi8!:~ª ~!:::::::::git::::::!§E:::::::::ê:a~!:::::::::gp:::::::,:!~:Æñ~::::::g~E~'RP':~;:::::,::;RP,!l::ffi:8:æ:i::ffing::::::::~3:::::::::I:Ì:m:~:::::::::~TIf,ì;:::::::::Rl:i:8i S!:::::::::::~æigs::::::::::ß.j~m~:§:::::::::::~iê::::,:::,::Ep.im~~:~,~¡í:::::::,:::~:pê::;:;:::::.ijEæ:!:~mM::::::::::::9g::::::::::i?:~i~:::::,:,B:~:::::::::::~m:re:::::::::::fi:lg~ª É~g~:!p!§::::::::::;~EffiM~ã::::::::::lm::::::::::~n::::::::::gEg~èffi'~~~:Ì::8ñ::::::::::R~Em:!:~!al::::::::::!g::::::::::Eënª~81::::::::::e:!9@')9 ß.j~m~m::::::::gP:::::::i£~!i:i1I~::::::@'~M:::::::[§iI::;M:~@ã::::::::!gp:j:::'~PM::j':::~H~gS!~::::::::81;£B::::::::~m:ðn:::::::::~::æ:~::::::::::!:lg~M :~:il!~l:::::::::::Ea:#î:ß.jæg~~::í:'::::::];~;ði£'!I~'þ~:~:~::::::::::'8gmBñ:í:~¥::::::::::gp::::::::::~fJi~Êðl:!:BB'~:~::::::::::EPi£Rg~:a~ i'ëÉ:::Jtfl:!:Êm::::::::~;~::::::gP9]ðñ:!':æ:!í'i:!Bffi;::,j':,ì:m::::::::~E:~:8:æ:~:æ,8:~l::~¥::::::::Êm:~É~£B~f,ì;:::::¡;8E:::::::gBª:~ñ:w:i:~! 1Jª.::::::::::::::~:W:¥:~:::::::::::::::liR;'ñ§ª,m:::::::::::::E~,~:~!wñi:,::::::::,IR:::::::::::~~,;'::::::::::::::~.8g~Ì::~:æl:i:ën:i:::::::::,:::,:Ê:99:~IAAP:8!:¥:g!t~: m~:æiE~n~n:81:1:::::::::::::::BE::::::::::Ê~g~:æÊ¡:¡:¡:¡:¡:¡:§:~::::::::¡:::~ñ¥:::::::¡:::¡:æñE~gW:~:R::::::::::::::æ:n'::::::::¡:::~Iß::::::::::::Ê~Â:W::::::::::::ÊFB~aÊ¥M :ænX§:~:MWñg:::::::::ml~::::::::::8ggEi!:ì:ë:B::::,:,::ê:!,:::::::iíil:~:::::::::gBª,ªn:æ:i:~~WgÐ¡::::::::~Ðª:::::::::B§;,~:::::::::i¡8R:::::::::i1¡niM:# Ea:#æ:9]Wg9ª::Í::::::::::Bm:~Êæ:!e!$:~::i::::::¡:::RëIDmH:9'¥I¥:::::::8Ei,:::.m~~8~;~t!89:~:~::::::::gB¥.EgW:$:!::~: [state law reference - Similar provisions, Code of Virginia, § *:I::f:::~::ml:!:R::f::~:::~;m~::'· ] Sec. 4-113. Qualifications of applicant. Prior to the issuance of a permit under this division, II the applicant organization must meet the following requirements: (1) Except for recently established volunteer fire and ~ ~ 73 1 september 22, 1992 ~ rescue companies or departments after county approval, such organization shall have been in existence and met on a regular' basis in the county g¥::::::::::::*~:¡¡::::ð:::::::¡Ê:BMnl¥:¡?':¡::::::::::::@'ia¥t:~:~::::gi::::::¡:¡::~g!P::::::::::::¡ìg,::ð@~!~::¡¡:¡:¡::::IiB::::¡::::::~þ):¥§ @gHP~g for a period of at least two years immediately prior to making application for such permi t. ~!:¡:¡::::::Ða::::::::::§~:~:~:::::::::::§ið:~¡~:::::::::¡if!:::::::::::BEiE¡~:!:¡~:~:8ñ::::::::¡:~ER~g !êl::::::::BE:::¡::P;~E~:i:¥~:::::::mBE~::::::::~§:~ñ:::::::¡UlWj:::::::R~.~~::f: A permit may be, issued, however, to an organization which relocates its meeting place, on a permanent basis, from another jurisdiction to the county and which complies with the requirement of this I subparagraph, provided such organization was the holder of a valid permit at the time of such relocation. (2) Such organization shall be operated currently and shall have always been in existence as such nonprofit organization for a period of at least two (2) years immediately prior to making application for the permit. (3) Any organization whose gross receipts from all bingo operations exceed, or can be expected to exceed, seventy-five thousand dollars ($75,000.00) in any calendar year shall have been granted tax- exempt status pursuant to section 501::{@!l:: -e of the United States Internal Revenue Code. ¡:¡:¡{X'fJ:{:£îiS ::::::::::;:::;:::::::::::::::::::::;:::::::::;:;:::::::: I ~ ~ ~ September 22, 1992 7 3 2' C4 I Sec. 4-117. Valid only in county and at designated locations; exception. II A permit issued under this division shall be valid only in this county and only in such locations as are designated in ~ ~ 733 september 22, 1992 the permit application::~::;provided, lowever, ~ an organization which has obtained a permit to conduct a raffle may sell such raffle tickets both in and out of the counti:~:::::::::::~æª~gm:::::¡:¡:[§IIÊ¡::¡::¡:¡.:$m: !I§I:::ãaM~:R~m::::::::ln::::¡:::I~:~:¥B~ª:::::::::ÐB::::::::~,~£:f::::t::I:m!:!::::::::9:mßB::::::::~:m::::::::EiEm::::::::g~::::::::~:::::::::EI~:~:I:~:::::::I~M §S:::::::::::~g$ã::::::::::gn:I¥::::::::::HE9n:::::::::::[§Þ!£:::¡::::::Ri§m:¥~~m::::::::]?Wº~ª:::::::::::8E:¡::::::::~E$M~:ÎÎß*M:::::¡:::::I:ml~í~flt:::::I~ §BFI::::::::::8EI~n:~:iH:I:~:9P::::::::::iB~::::::::::i1:::::::::§·HgÞ!::::::::.:~ffim£§:::::::::I!::::::::¡:æl::::::::::Î:m:¡:¡:::¡:Ðgl:¡:::::::BP5ñ~~::::::::::Êg::::::::¡Wã gHm$:~:R::~::::::::::~EmRÊ:::::::19::::::mmæ~mÊn:,::::::H:nã:::::::£I£:I:E:::::::ª:H§:~F!· 2. The effective date of this ordinance shall be October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.c AMENDING AND REENACTING SEC. 7-68, REPAIR OR DEMOLITION BY COUNTY OF ARTICLE IV. UNSAFE BUILDINGS AND STRUCTURES OF CHAPTER 7, BUILDING REGULATIONS OF THE ROANOKE COUNTY CODE CONCERNING LIENS AGAINST REAL ESTATE FOR COST OF REPAIR OR DEMOLITION WHEREAS, Sec. 7-68, "Repair or demolition by county." provides for a lien against the real estate for the cost of any repair or demolition work performed by the county pursuant to Article IV of Chapter 7 of the County Code; and WHEREAS, the General Assembly of Virginia has recently amended § 15.1-11.2 of the Code of Virginia, 1950, as amended, to provide that liens for repairs or demolition to property performed by a locality shall have the same dignity as ~ ~ I I "'1111 ~ September 22, 1992 734 liens for unpaid taxes and shall be enforceable in the same manner; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 7-68. "Repair or demolition by county"- of Article IV. "UNSAFE BUILDINGS AND STRUCTURES" of Chapter 7 "BUILDING REGULATIONS" of the Roanoke County Code ,be amended and reenacted as follows: I Sec. 7-68. Repair or demolition by county. If a notice given pursuant to section 7-66 is not complied with, the county may proceed to repair or demolish the unsafe building or structure, and the cost to the county of such work shall be and constitute a lien against the real estate upon which such work is performed . :ê:8BÞ.t::::,Ææ§B:::,::::;~!~:~:m:::::::::æ~BJ,j:::::::::gn::::::::::~::::::::~1R~:~~g 8ffi!I:::::::::::!::ffi:~n~:::::::::::£g!:::::~:::Mlgð:æ9i:¡:::::::±BB~,±::~¡:::~~~?:f~~:::::::::i19:::!:::!:!:~n.¥BÈ8~:~iæš):::::::!:::æl::::!:!::::P9:~:!:~::!:!:!~:.~ m~Ðn.::::!:!:!:â:~::::!!:!::gigÎæl~:ª,:::::::::¡:æl!:::::::::lm!!:!:Eæ~:~!':!:::::!i:::::::::::~n~::!:::::::1:::::::::::ê~t::::::::R9:~gPt%!:::::::::¡~:~:::::::::::9B::::::::::OO:!:~*Š) s:ä:1WlrW :::::;:;:;:;:::;:;:::::;:::;:;:;:;:;:: 2. This ordinance shall be in effect from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, I and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ ~ 735 September 22, 1992 ORDINANCE 92292-8.d AMENDING AND REENACTING SEC. 9-18. ENFORCEMENT OF ARTICLE II. VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9, FIRE PREVENTION AND PROTECTION OF THE ROANOKE COUNTY CODE TO AUTHORIZE FIRE MARSHAL TO ENTER PROPERTY TO INVESTIGATE RELEASE OF HAZARDOUS MATERIALS WHEREAS, Sec. 9-18 of the Roanoke County Code authorizes the Roanoke County Fire Marshal and his assistants to enforce the Virginia Statewide Fire Prevention Code and Article II of Chapter 9 of the County Code; and WHEREAS, the General Assembly of Virginia has recently enacted § 27-37.1 of the Code of Virginia, 1950, as amended, to expand the authority of localities to empower Fire Marshals to enter upon private property to investigate a release of hazardous materials or waste to determine the cause of any such release and the extent of any effect upon ground or surface water or soils and to obtain a summons when such entry is denied; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 9-18. "Enforcement" of Article II. "VIRGINIA STATEWIDE FIRE PREVENTION CODE" of Chapter 9, "FIRE PREVENTION AND PROTECTION" be amended and reenacted as fpllows: Sec. 9-18. Enforcement. ~ ~ I I ~ I I "'1111 736 : September 22, 1992 ~i~ The Roanoke County Fire Marshal is hereby directed to enforce the provisions of the Virginia Statewide Fire Prevention Code and this code. The county fire marshal shall establish such procedures or requirements as may be necessary for the administration and enforcement of said code. The county fire marshal is hereby authorized to issue a summons for any violation of the provisions of the code, pursuant to the provisions of Section F-106.8 of said Code. The fire marshal shall coordinate his enforcement activities with the county building official and zoning administrator. The fire marshal shall assign and detail such members of the Roanoke County Fire and Rescue Department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code. :¡~I~:¡:¡:::::¡:¡:¡:¡:œ§:~:¡:¡:::¡::::~~!I~¡:¡:¡:¡:¡:¡ID~~~I~I:¡¡::¡:::::¡:ml~:~:±:¡:¡:¡:::¡:§:i¥!¡:¡:¡:¡:i::.~::::::jji::~:I:ª2!:j:j:::::::mg:¡:¡:¡:¡:¡:~n!!iÌ !g8~~jt::::¡:¡!PM::¡:::EE9Î!!lM::::j:::~EgID):¡:¡::YtI~\,!:§h::::::::i::j:::jË~I:m:~§:~¡:j:¡:¡:8Bj:j:::::~:nM:¡:::¡:§:I:i:iÆª9ªª:::j::::m!m:~!t!:~:IH¡:: fi;l:i:!EªgHM.:::j::::i~iE!i::::::::9E::::::::E!~:~:~~:~~¡i:i::::~P;g;¡i:i:B8!¡:f::¡:¡:¡:¡:~:~:i:i::::f!%E¡ffiËª:i:i:i:::Æß:¡:i¡¡¡¡~:¡:::::i¡:~:I:l::~:rn~,,::!:g gÎ::j:::¡:I¡¡:¡::::!~::ij::~:ml:!:::f,:¡~:~:¡~,¡!:::í¡:¡:¡:¡:::8:~:::::¡¡:ÊÞ:.~:¡:¡¡¡:ì9~~::ii:::B:~¡::¡::::M~ifgin:ffii¡:i:i:¡:¡:¡:¡:~¡~I¡g::¡'¡¡::ji::::~:~:ij::¡:¡1im~i~$!!:j¡'j:j:::¡:¡:û::i! 98§HBII::::::::::8E:::::::::::~¡!':':':':¡:Ê~§§gi~B±%:¡::'¡¡::~9.§P~ŠE.:~ª-:":::::::~g:::::::::~$M%:¡::¡:::::êp.li9iÊ~g:':::j:¡:¡:~il¡:::::::¡la¡ffi:E! ñ!ª¡:¡:::::;~ì1!iiß~::::::¡::æ:p;R::::j::::it:t~f:¡i¡¡¡:~:ÊêRn~I:¡:!ªÎ~æfi!i::¡:¡I¡::ªPii~;!E:~::::::::ii@~E:::¡:¡:¡9!1:::j::::§:g:i:~@j::::::::B:~i:::::::Rß!i E9.~Î::::::::~:n:::::::::e!lã~5:::::::::£9:::::::::¡in¥~~!:ffig~;ß:::i:j::.~¡:¡:¡:¡:¡!æmii§jI::::::¡:¡~pª¡:::j::::EiM~$::::::::g~::::::::¡Æp¥=j¡¡:::::¡!M9; i1ä:~:~i.J~$:~:::::::::::::::I:~::il::::::::::~ñ:::::::¡:¡:¡:9:nI~iI;~:iB~iliæ::!M9!:¡:¡:¡:¡:¡:¡:¡iP:j:j:::::::::::ffinll@!~i:i$~gñ:ì::::::::¡:::¡:¡.ë:::::¡:¡:¡:::!Æg! ml®mm:i:Ï:¡:¡:¡:II!!ªII¡qj¡::::::i:~:!:ffiª~M:ffi;:::;:::MPª~:::¡:::¡9~!m::::::::m~;::::::::!fi~::¡:¡:¡:BE$ª:¥ñ:¡:¡:¡:gÎ::::::::8âì~;~:::::::gi, ¡qM:::j:¡:¡:¡&!$IIjjjjjliwß!&;~jijjjijjjjj~eI:j:j:::.i:~}i!gjffiD$!!j:j:¡¡::¡::lm9¡j¡j¡j¡j¡jMfiIMijiI¡j¡ñ!¡i¡j¡j¡j:jD~:§¡:¡j¡:¡j¡jRß!njI¡¡j¡:¡Ej,i!§jj,1 Bªm:¥ÊI¡qg$:¡:::::¡:¡!g¡:¡:¡:¡:¡lñ~¡:::::j::E~Bg~B!M¡:i!:::j::j::::gÎ:!:::!:::¡~:~:¡¡:j¡j¡¡::M9:~II:i::¡::::j:lá:::ij:::jïl:ffin::::¡j:jjE:m£mæ~@:i:8Ij:j:j¡j¡::!e ~~$~::::j¡:¡:¡lii::::::::::~iB.liÊ!i::ij¡:¡:¡:::¡:::~Ðg::¡j::¡::::miïæ§:!Eil~:::¡::::1;:i::::::::::!ß!:::¡:¡::::;:BänM~t:::¡:::mOO:::¡::::::$e:§i:!:::¡¡::j:¡:iß ¡ffinM!&;;isj;:i¡E§¡:¡:::¡::::ij~Ê~nË:;¡::i¡¡¡i:::!8~:::::¡:¡:¡;ñ!!¡¡!:::¡I¡!æi£!¡:¡:¡:¡¡¡:¡:Rg~D!iw:¡i¡:¡I¡~~9Ebgši!æ:æl.}i¡:¡¡¡:!:¡¡:~:œ:¡:¡¡::¡:¡:M§ ~ ~ 137 september 22, 1992 g£:mg;i:::@P;ªª¡I::j¿mRfimm~M:::::¡:i:8!jI¡¡~~i:,:¡:::RBlRgw~:::,H?~:::¡¡::gß~1%E~tì::B:ffin~:::::::;t¡§m¡:¡¡¡:::8m:ì:~ffin::::::~E~ ~:8œEm:::::¡:R~:::::IEfi:m::::::::i;m:~,!:~i:$:;~::::::::;:;~:~:;::::EI!:':::;;~:WE~:::::::m~Ê:!Þ~:~::i:::::::;::ð:~!imE:;:;::::g~t¡nffinª::::::::!~E8ßW~ £8:!:::::::::::~ªI::::::::::::;EsmmE~¥::::::::::::;gP;i;WB,!nE:::;:,:;:::::£8:;;:;:::::::m:H;gþ::::;:::::,:::!:!P¥@:§~:w~~:~:ffiBn:::::::::;:::w~.~n;:i::::::::::::::!fi'i RBâBðl~:m¡::\::::Ëi!P;m~I::::;8::::::::Bm:~:ffi:ii¥~::!:,::~§~M:::::i::~þ,'I::::::::Ê~mß~¡§m:¡::::::¥f~¡§::::::::E!iH§1%I:::::!::B¥::::::¡:~PM::::::::~8; B9¡n:1i!iî:!P;£:¡p~::::::::::::::::~::::::::::::::::8Effim:ì:P,!,~:::,::::::::::!8:~~:~ñ§!:,:Ì::::::::::::::,;:I$::::I::::::::~§~:~:*::::!!:::I:::~:¡:§8:8ßRffinH;~t:::::::::::::::l§uß ÆE¥m~í:æi~;t¡:w:gP;:::::::IJBffi:~::::::::~;:::::::~:$~EÊ~::::::lm!j!n~::::::;fl~§::::l~ßmp::!:::::âBB!:il~g::::::::g!j:::::::Ê!§p:1ig; £E::::::::8gñªP;§E:::::::í§m:::::i:§~~E8!i:!¡fi'!~!¡:::ig~§m:BÆ:~~::i:¡Bmmn:::::::g:!%~I::~:: p.::I~:ili::::::::~!~:::;::!!liæij,Uii,:!:;:::::::::~Bª:!::::¡::B:~::':'ili¥'ì:Bg'Æn:%'!:~::::::::~::::::;:;i:ž::š;I::~::i:::~::i:::::::::~::::!::;g!~:m'~:m;:~:::~:::~: 2. That is ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.e AMENDING AND REENACTING SEC. 10-4, APPLICATION FOR LICENSE: DUTIES OF COMMISSIONER: PENALTIES FOR OPERATING BUSINESS WITHOUT A LICENSE, FAILING TO FILE AN APPLICATION, OR FILING FALSE STATEMENTS. , OF ARTICLE I. IN GENERAL TO RESTRICT ISSUANCE OF BUSINESS LICENSES WHERE ANY TAXES DUE THE COUNTY ARE UNPAID AND SEC. 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS OF CHAPTER 10 LICENSES OF THE ROANOKE COUNTY CODE TO ADD AND DELETE CERTAIN OCCUPATIONS AND, TO ADD A NEW SEC. 10-58. GOING OUT OF BUSINESS SALES, PERMITS, INSPECTIONS, APPLICATION FOR PERMIT, INVENTORY REOUIRED, COMMINGLING OF OTHER GOODS ~ ~ I I ~ ~ september 22, 1992 73 8 ~. PROHIBITED: DURATION, ADDITIONAL PERMITS, ADVERTISEMENTS, FEE. TO CODIFY THE REQUIREMENTS FOR CONDUCTING SUCH SALES. WHEREAS, Sec 10-4 (e) of the Roanoke county Code currently restricts the issuance of any business license until the tax or fee for such license has been paid to the County; and WHEREAS, the General Assembly of Virginia has recently amended § 58.1-3700 to authorize any local governing body to restrict the issuance of any business license until all delinquent business license or personal property tax, and any meal, transient occupancy or admissions taxes properly assessed by and owed to the locality have been paid by the applicant; and I WHEREAS, Sec. 10-36 of the Roanoke County Business License Ordinance sets forth the requirements for licensure as a personal or business services and contains a non-exclusive listing of representative business and personal service occupations; and WHEREAS, § 18.2-223 and § 18.2-224 of the Code of Virginia, 1950, as amended, establish standards that localities are to enforce for issuing permits for "going out of business" sales and authorization to charge a permit fee; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on I September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: ~ ~ 7'39 September 22, 1992 ~ 1. That section 10-8 Aµplication for license: Duties of Commissioner: Penalties for operatinq business without a license. failinq to file an application. or filinq false statements., of Article I. In General, and Sec. 10-36. Personal and business service occupations. of Article II, Classified Business and Occupational License provisions of Chapter 10, LICENSES be amended and reenacted and a new Sec. 10-58, Going out of business sales: permits: inspections: application for permit: inventory required: comminqlinq of other qoods prohibited: duration: additional permits: advertisements: fee~ of Article III, Special License Provisions, of Chapter 10, LICENSES be added Sec. 10-4. Application for license; duties of commissioner; I as follows: penalties for operating business without a license, failing to file an application, or filing false statements. (e) No license issued pursuant to this chapter shall be valid or effective unless and until the tax required shall be paid to the æË¡~~BEi!æ:::'::;::R*::¡:::¡:¡;lßg~B:81~:¡:¡:¡:¡:¡¡¡:8RHB;þ¥ treaaurcr and such t h 11 b h th 1 . 'N":"",:::::::::::,:,:,:,:,:,:,:,:,:,:,:,:,:::¡;¡;;:::':':':':':':':':':':-:':':':::',:':::::':':':':':':':¡¡¡;::':·:':'::::::::~:':':':':it::'~::::':':::;c':':':': paYmen s a e s own on e ~cense. :::::iRtIRM~AÚi::::::~2æ~n~:{:::::::§Üf¥£:$/::}MS ð9g®S~%il):::¡¡¡:¡:¡¡¡:2:n9t¡:::::¡:::::R8:::::::¡:::¡:~B:e:ffifi&:§§::;:¡:::::::::*:W8~n:~:§¡:::::::::::::@~$:~¡*::::¡::::::¡:~~;:::::::::::::æ:ä@H!U!¡:::::::::1qñ!æ:~::::::::i.::~ßß ðÐSi::i:81i~::::::::§:i~:::::::::gEœHg&:ª::'::::::@~E!:@:~$E~gp¥¡:¡:¡:::i!wl§n:8§:::¡:¡:::!ßi~:::::::¡:~:~:i:::::::::ªs*:æfiflaM ~Hm[æñ§m¡~¡:::::::::::~:æ~§fi@:®:í::::::::::::§H~:i18§~@::]:]:::::]Ê:§B:~:BR~]~¡:::]:]:::]RBR.ÊiB£i::~:¡:¡:::::::::m~~:$~::t:::::::::::::~ðn~::Éiñ£ g8ÞHgi!~M::::::::liª:::::::~ªæ:æ'~@:%gÛ@:::';¡:~:~*:~@:::¡:::::êw~m':;::I£g::::::::Eff~::::::::R:gHRËM::::::::~~Mm::::¡:¡:~§£n::::::::I:!¡É! il:ffi:8!i::::::¡:¡ff2ìª¡:¡:¡:¡:¡B~m!¡¡¡¡¡¡¡:¡EË8ß§Ë*¥:,;::¡:~@:§@~ª,ml:¡,::¡:¡;:~ª~:Æfi@:Ë:¡::::::::Eff~::::¡¡¡¡¡:iR.Ê:~:%g~B;Þ¡:¡:¡:¡:¡:B¥:::¡:¡:¡:¡~å§ Eg.~Ê:t¡: I ~ "'1111 ~ September 22, 1992 74,0' \ Sec. 10-36. Personal and business service occupations. (b) Those rendering a personal or business service include, but not limited to, the following: · . . . BOßàoman · . . . Bro]ccro and commisoion mercftanto other thaR real cotate or financial broJecro · . . . IÎlí;ia I · . . . Trucking companies, intrastate, and interstate (~nælã~ml siB:I!:i!il!:!:::!:::!:!:!mg11šM::::::::::::::::gSn:ffi:¡;:~:i:::::::IlèI:MF:æ!Ë::::::::::::::::ã.~U!!:ffin~::::::::::::::::iñ::::::::::::::::BÆ , Eëg§ñw!!:æg~¡:¡:¡::¡8£:¡:::¡:~:Mæ£g¡iñ:ffi¡l:i:i:::i:¡l:nª:¡:¡:¡:¡:Æ:æ:~ii:ñí:¡:i¡i:¡mªªn:i¡i:i:i¡!ññM!:æ:¡:::¡:¡li;gIS ~ã:::~:IßgBiÈ!g:::::::~¥:::::::!I::::::::!I::f:::lmæ:m:!:II:::¡unlcos holding a certif icate of p~blic con¥eflicncc from £tate Corporation Cammiooioß) Sec. 10-58, Going out of business sales; permits; inspections; application for permit; inventory required; commingling of other goods prohibited; duration; additional permits; advertisements; fee. I ::~I)J~f¡[~!~:II~!~:l::¡ãti:I:±:$::::::::I::::!i::::::::m::.~!lwmæI:::¡::::::::~~ti~:::::~:::¡1:lñgI:~:¡::::::ß~líiªñri:~::::::::::::Ilí.:l¡ åï~i¡I!¡šiJfi:¡¡:¡¡15¡¡i¡i¡g!gln¡æ¡i:iRigñ¡¡:¡:¡i!B¡¡¡¡¡i¡!g¥IB¡!iRiî¡::!¡!¡!¡:ltl¡~¡¡¡èIB~MBRiÎ:¡:¡:¡:::¡ã¡¡i¡!¡i¡æal¡Æi¡~i¡:£læ:¡i!~:i.Æ QIBã§!;:¡:::ã!:::::::I::!1:ã;9ñE:iñM!:ñí::::::::~:::::::iIE!:i!±:::::::!§I<§æni~:ã::~::::::::::gí:::::::!B::::::mëlæ~¥i::::::lti!I:::¡::Wg!1 :1~:!:~$Æ~i~i:::E::!ti;¡¡:¡:¡::::!ñM¡::::::¡:::::I~i!ISí~:im!ñ!:::::::::::lf{i.:::::::ri:::¡.Æ::::::::::::::ñg!~i::::::::::::::::~~gginl:::::::::::::::gHR::::::¡¡::::wi ~ ~ 74 1 ~ september 22, 1992 ~ ~ I I "i "'1111 September 22, 1992 742', I I .:::i::::~:ªft:¥Mffigñª:ffi::!:!:!:!:F:ß!mffil:1::::::::~::::!æ!pmg;eRM::::::::::~:pft::::::::::!:$i::::::::::Ë;gH:æEßI!:!:!:!:!IÊ:!:!:!:::!ëDæ!;sliei ::~::I:~:::l:!:!:!:!:!IIlm!ª!mBiE:::::E:I:!::::::g!1ß:::::::;Plmm:¡M~:~:::~:Ë;M:Spë:::::::~.~:::::::::æn:iE:æã:1:::::~:~;:i:.M:l!ãi::::::::I$.~1 m~M:::!::::I1!::::::::m1Ê!nE~i1;::::::::æ:R!i:$:!it:!::::!:eE!:!:!:::I!ì$:::::::::mHilë;i:::::::::R!::::!:!:!:æ:æ~M~ª:!I~ãw!:!::::::ãñ:I¥::I:::ligël lel!~::::::::::::::8âll!:¡Î~B:::::::::::::::æR:::::::::::::;nß::::!::::::::::¡Rffil:¡~:ffi:::::::::::::::æ§Ig;ñ!šm¥:::::::::::::::I~æl!:::::::::Itrn:æÊ!lI:II!$mã~i ttHiia=¡Ui::¡: .......................... ........................... ..................................................... ::fl:~:::::::::::::::::.M:::::::::::I.æ:eB!ì:!:!:::::::::::I:æEitì::::::::::::::l1lë:wÎlë§:::::::::::::âit:::::::::::sEig:æ:ÆíEffi:ei:::::::::i:ibs iŠM;mê:æ:ël§::::::::::~::::;:Hªn:::::::::::::::~::::::::::::::::;~:ffil:::::::::I::ë!l!:!:ffi:::::::::::::::Eei;mffiSHgB§:$:M::::::::::::~::I:p:8:I:Hª:;:::::i::::::::iiJ:::::::::::::::111 !ëM~.:¡:;%mgl:::::::::::lii:::::::::::I~m:æ£::::::::::!iÆiÑ,§ï1it::::::::::!æ:ë:wm1p:;š::::::::::::leE::::::::::::!§:;:::::::::~:~;§:æí:::::::::::IÊ:::::::::::lil SèD:¡:§æ:ffiâl$ì:::::::::gl:::::::::;nl::::::::Rß¥$!1H$::::::::~;:ºª::::::::::!§:;:::::::::II:!:$81:w¥I::~:::::}i§I!ß§:::::::::ël:::::::::lil:::::::::§!:ffil !:ë:~::::::iBB!lRËæ:i:$9::::::::B.¥~:::::::ëP;êã:::::::m$œ:w:!::t:: ::~::I:~:::::::::::::::::I!l$:::::::Îêmæ§:;:æ:eÎ~Ë:::::::ël::::::¡I!!í~::::~::Rß¥$!1M~::::::::ë!l!:I:ffi:::::::B§:!~1:::::;ã:::::::~:;1 gl:::::::::~:~ffiª!Mm:I:¥M;:::~:::::::}iglli:i:!Ëë::::~~:::::::~:2:!:i::i::P:2::~::::::~:::::::lâl:::::::::::ß~En:::::::::::Eï1ìÑ,~;:i::::::::::::::i:pÊ:lãª:æñq:::::::::::EM .;;B§:æ:eÎ§:!l;::::::::¡:§~Yßš:::::::Bñšï1ì:::::::Mãæ§:;:::::æ:;E:!:æ:eÎ:i:: :~fï:~:::ii:::::::;:jI:::::::::gi:f:tæ~MÆgR::::::::::::g!::::::::~::::IJI::::::~:::~:mm9Mi:æ:æRRM::::::::::::::šl:::::::::::~:;n:l;fî::::::::~:~ël:igi §!!§:ffi:I:~:::::Ë;:::~:::IPiJ:¡:;ti:!!?$:I:::::::~;:~:::!::!~~::::::g:I:!§:;::::::::m:::::::mæ:ëš$m;ggì::f: 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.f AMENDING AND REENACTING SEC. 12-26, REOUIRED: EXCEPTIONS, OF ARTICLE II. COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE CONCERNING THE SITUS OF MOTOR VEHICLES WHEREAS, Sec. 12-26 of the Roanoke County Code ~ ~ 743 .; september 22, 1992 requires that every motor vehicle, trailer or semitrailer normally garaged, stored, or parked or acquiring a situs within the county be 1 icensed in the county as a condition to being operated upon the county's streets and roads; and WHEREAS, the General Assembly of Virginia has recently amended § 46.2-752 to legally define the domicile of a motor vehicle's owner as its situs in those situations where the owner is a college student; and WHEREAS, the first reading of this ordinance took place on September 8, 1992; the second reading took place on September 22,1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. That Sec. 12-26. Required: exceptions. of Article II. County Vehicle License of Chapter 12, MOTOR VEHICLES AND TRAFFIC, is hereby amended and reenacted as follows: Sec. 12-26. Required; exceptions. (a) Every motor vehicle, trailer and semitrailer normally garaged, stored, or parked or acquiring a situs within the county and capable of being operated on the streets, highways, roads or other traveled ways in the county shall be licensed in accordance with the provisions of this article and it shall be unlawful for any person to drive or operate any such vehicle on the streets, highways, roads or other traveled ways in the county, unless such vehicle is so licensed for the current year. ::::::::::I:~::::::::::ffi:I:::::::::Ë~:B:ttgl::::::::~:~::::::::~£1§~m,æl~i::::::::nm:~®~:::::::::~nM:::::::::~B£I::::::::mR~:8Ê:':::::'Hg:ffis:i:~::?:' ~ ~ I I "'1111 ~ 'september 22, 1992 744 .i:æ:~:i:t!::::~:~:iÐ::¡::::Æímæ.i:æ:æi:Ë:::::::::i:§::::::::ngR!:~:iM:::::::g.iª=ß!:l::::::::::MiR*S~::::::::g£:::IiIË!ii:ª:f:::::::::::Š5 i¡I¡¡¡:¡:¡:¡š}1$¡:¡:¡:¡:¡:¡š_I§:¡:¡:¡:¡:¡:¡æ!:¡:::¡:¡:¡~j)¡:¡:¡:¡:¡:¡mi\\ªmñ£:¡:¡:¡:¡:¡:ãll$ñëæãª=::¡:::¡:::¡wfi¡:¡;:¡i:¡æñi!iæËp!iw8B:¡:¡:¡:¡:¡ãl¡:¡:¡:¡I!Æª=!i:Ë i.êj)IÆ:ïñ¡~:::¡¡:¡:.§IIi1i!9:iII!ë:~t~:~:¡:¡:::Rß:::I!iß:::::::!l9mæ&ffi¡~:i::::::Iš:ì1¡:¡:¡:¡:!;!i:¡I::ã.ß§¡f:¡: . . . . 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I ORDINANCE 92292-8.q AMENDING AND REENACTING SEC 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. OF ARTICLE III, PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE ROANOKE COUNTY CODE TO ESTABLISH STANDARDS FOR IDENTIFICATION OF HANDICAPPED PARKING SPACES BY ABOVE GRADE SIGNS. WHEREAS, subsection (f) of Sec. 12-54. Parkinq Prohibited in specified places. prohibits unauthorized parking in spaces reserved for the handicapped both on public streets and highways and on private parking areas open to the public; and WHEREAS, the General Assembly has recently amended the Virginia Statewide Building Code and §46.2-1237 of the Code of Virginia, 1950, as amended, to establish requirements for ,identification of handicapped parking spaces by above grade signs effective by January 1, 1993; and WHEREAS, the first reading of this ordinance was I held on September 8, 1992; and the second reading was held on September 22, 1992. ~ ~ 745, september 22, 1992 BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 12-54. Parking Prohibited in specified places. of Article III. PARKING of Chapter 12, MOTOR VEHICLES AND TRAFFIC, of the Roanoke county Code is amended and reenacted as follows: Sec. 12-54. parkinq prohibited in specified places. No person shall park or leave standing a motor vehicle in any of the following places, except when necessary to comply with the directions of a police officer or traffic-control device: (f) Any parking space reserved for the handicapped on a pUblic street, highway, or other public way in the county or in privately owned parking areas open to the public, unless such vehicle displays a special license plate, decal or parking permit issued pursuant to sections 46.2-731 , 46.2-739 or 46.2-1238, Code of Virginia, 1950, as amended]:::::::::::;i1¡~ E~Ê~:;,lg::::::::§g~:9~~::::::::B:~~:@R¥~f1i::::::::~eÊ::::::::;m:@::::::::}1~:@:::::::R~:::::::ft~:If1i:ffi:R~~e~ã ~~ª'81~:::::::::~m:~:~i::::::::::~!:!:!:::!?i:g:w:ñ:Ræ¡~:ffi$g:!:!:!:!:R.~:::::::!:~MRE~::::::::gR~ª:~:::::::::Ii:ffigl:Ii::~:¡ l~g~ª¡i1~:~ª::::::::::;:::8'!:::::::¡:::¡:¡:îfl~~~~æt:¡:::::::::¡:¡::!ª:®I~:?i¡!¡ffi:RH~¡ffi:Rñ!::::¡:¡:¡::::::R!::¡:¡:::::¡::::::!iBP! §ã~E@~:::¡:¡:::R¥:¡:¡:::::~}?8¥~::::::::ªm!ª!:::::::::~ægl§::::::::n~:Ii¡:¡:::¡:!E$fI:æñ~g::¡:¡:::îfl~ñ:::¡::::HnM 1~!E,§¡;:ªR:~:~E:::::::::i::§e~E~:::::::::::::w~:m::::::::::::::m$:~~!E¥$9:::::::::::::::~ã%f;::::::::::::::~ft$::::::::::::::m:lis::::::::::::::ãi: fil1ª%R:~P.Eß~:::::::,I~E~:ãn¡§¡:f:¡::,:¡:¡::~i¡~:::::::::::~Bg¥~:::¡:::¡::æ;i~~:¡::::::::§¡~i~:Æ¡8~lg®ª EHE!;,;,ng¡:¡:¡::::!iã~g®¡:::¡:¡::§¡ffi:IÐ¡!i::¡:,:::,@§:~,Æ¡~¡:¡:::¡:~~M®::¡:¡::::~~i!¡:¡:¡:¡:§R~~ãm::::::::~f1iª:~:::::::::ãi: ~ ~ I I ~ ª' September 22, 1992 746 ~n~::::::::::ª::~9.;p:::::::,:ºg:::::::::!:2&'%%t::::::.ij:p::::::::::~gHE:::::::::~ß~~:::::::::ßgÊ:::::::::I:ægn~!t:::::::~lt!1 !ßMßº::::::::::~:%~i:':,:::::~ÞRMß::::::::::t;m:~:::::::::Eð:E*:¡pg::::::::::!BÊ:~~B~::i::::::::::::~9:8n:::::::::~æªn~ wn~:~:ill:::::::;::~~,:::::::'::š1~:§t~9.;P:~~:::::::::::!1~:::::::::::8gÐ~~EH8Iftl::::::::::::*I:::::::::::!É9gE~~p:81 n:æ~n::::::::::::::~n~:':'::::"ilgM~!:æ:81!:::::::::::::::g~:::::::::::::::~I~:::::::::::::::Îº:æi:Êi!:::::::::::::::§~!t;%!~ãs ~èi:I::~8:~n9.1:::::::,:::,:::S~~:i:::::::::::::ff::::::::::::::::!:ffi:ªÐ::::::::::::::::Ê~¡t:::::::::::::w.8:ill:::::::::::::::E:ij:æl~s~::::::¡:::::::::8E Ê~nrl*æ§:~;;::::8,~:!gill~M~,ê::::::::::Êñ:::::::::~n~:::::::::i~M~ID.~:::::::::gi::::::::::ð:::::::::::m~Ë¥::~nª §ij~E~::::::§hª¥~:",ñ9p:::9ªft§M:Ji~9:mg::::::'ðÐ':::::::~~8M~:::::::gE~ª,~::::::!:ægñ· 2. This ordinance shall be effective from and after January 1, 1993. ' On motion of Supervisor Johnson to adopt the ordinance, I and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.h ENACTING SEC. 12-102, REMOVAL OF VEHICLES INVOLVED IN ACCIDENTS TO PROVIDE AUTHORITY TO REMOVE VEHICLES WHICH ARE IMPEDING THE FLOW OF TRAFFIC AND FOR THEIR STORAGE WHEREAS, Article IV. "Accidents" of Chapter 12, "MOTOR VEHICLES" of the Roanoke County Code provides authority for Roanoke County Police Officers to investigate motor vehicle accidents; and WHEREAS, § 46.2-1212 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to enact an I ordinance providing for the removal and storage of vehicle involved in accidents which impede the, orderly flow of traffic; and ~ r-- 741 ~ September 22, 1992 WHEREAS, the first reading of this ordinance was held on September 8, 1992; and tl:1e second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That a new Sec. 12-102 "Removal of vehicles involved in accidents" of Article IV. "Accidents" of Chapter 12 "MOTOR VEHICLES AND TRAFFIC" of the Roanoke County Code is enacted as follows: Sec. 12-102. Removal of vehicles involved in accidents. Whenever a motor vehicle, trailer or semitrailer involved in an accident is so located as to impede the orderly flow of traffic, any Roanoke County Police Officer may (i) at no cost to the owner or operator remove the motor vehicle, trailer or semitrailer to some point in the vicinity where it will not impede the flow of traffic or (ii) have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department of Motor Vehicles and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area under clause (ii), the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage. 2. This ordinance shall be in effect from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ~ I I ~ - ~ September 22, 1992 748 NAYS: None ORDINANCE 92292-8. i AMENDING AND REENACTING SEC. 16.1-25. INSPECTION OF RECORDS REQUIRED BY CHAPTER AND OR ARTICLES LISTED IN SUCH RECORDS., OF ARTICLE II. DEALERS, OF CHAPTER 16.1, PRECIOUS METALS AND GEMS, OF THE ROANOKE COUNTY CODE TO PERMIT LAW ENFORCEMENT OFFICERS TO TAKE POSSESSION OF ITEMS KNOWN TO BE STOLEN. WHEREAS, Sec. 16.1-25 of the Roanoke County Code requires precious metals dealers to admit law enforcement officers to their premises during business hours to examine their records and any item believed to be missing or stolen; and WHEREAS, the General Assembly of Virginia has recently amended § 54.1-4101.1 of the Code of Virginia, 1950, as I amended, to authorize law enforcement officers to take possession of any item known to be missing or stolen on the premises of a precious metal dealer in order to preserve the item as evidence or to prevent its transfer; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992; BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 16.1:"'25. "Inspection of records required by chapter and of articles listed in such records." of Article II. "Dealers" of Chapter 16.1 "Precious Metals and Gems" of the I Roanoke County Code be amended and reenacted as follòws: Sec. 16.1-25. Inspection of records required by chapter and of ~ ~ 74 9: .~ september 22, 1992 ~ -articles listed in such records. Every dealer :.":9E::::¡::~:æ:§:,¡:¡¡:~mÆ:~B¥ß~ shall admit to his pill$E@ eiM§Î,!æn;!@ premioeo, during regular business hoursT the chief of police or officers of the police department, the sheriff or his sworn deputies and any law-enforcement official of the state or f ederal governmentsT¡:f::::::::::::::;M:~':':'~~$:±~E::::::::::::RE::::¡:::::!~:ª::::::::::::~mF:~:R¥~; shall permi t such law-enforcement officer to OOim examine all records required by this chapter, and to examine êiñ@.::::¡::any article listed in such a record which is believed by the officer to be missing or stolen. in~:::¡:¡:::~::æ:!I:::¡¡:::::ï;!E8P;::::::¡i:9E¡:¡:¡:¡ðp~j::¡:¡F:'~~~¡¡:::,æn!g::::,:ÆRm,ª~:!m:ffiR:9:¡:::::~P;¥:::::::~E!:~:8:~:~:::::::!$1811J¡:::::::!R læl::¡::::::::lg¡tj::::::B~I:::¡::li:ì@ii:ffifig::i::::¡¡:¡::::::RE:::,:::::~ñ8Yfª:::::::::::eg::::::::::§:i:¡,~,~M~~:¡:¡:::::::1R¥:::::¡:::::û::¥m:::::::::::i!R:::::::::::P;!¥~¡:¡:::::¡:¡:I@~n ªI§$:~n::f:' [state law reference, § 54.1-4101.1 of the Code of Virginia]. I 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292 -8. j AMENDING AND REENACTING SEC. 17-2. DEFINITIONS., SEC. 17-14. MODIFICATION OF CONTRACTS., AND SEC. 17-15. PERFORMANCE AND PAYMENT BONDS GENERALLY., OF ARTICLE I. IN GENERAL, SEC. 17-75. PROVISIONS APPLICABLE TO PROCUREMENT OF PROFESSIONAL SERVICES., OF DIVISION 3. COMPETITIVE NEGOTIATION, AND SEC. 17-86. DEFINITIONS., OF DIVISION 4. SMALL PURCHASES, OF ARTICLE II. COMPETITIVE PROCUREMENT OF CHAPTER 17 PROCUREMENT CODE OF THE ROANOKE COUNTY CODE TO EXPAND THE DEFINITION OF PROFESSIONAL SERVICES, TO INCREASE THE AMOUNT BY WHICH I ~ ~ ~ september 22, 1992 75,0 ~ FIXED-PRICE CONTRACTS MAY BE INCREASED BY THE PURCHASING AGENT, TO INCREASE THE MINIMUM AMOUNT OF PUBLIC CONSTRUCTION CONTRACTS FOR WHICH PERFORMANCE AND PAYMENT BONDS ARE REQUIRED, TO AMEND THE CONDITIONS FOR COMPETITIVE NEGOTIATION WITH QUALIFIED OFFERORS OF PROFESSIONAL SERVICES AND RAISE THE CEILING FOR SMALL 'PURCHASES AND PURCHASES RELATED TO MICROCOMPUTERS. WHEREAS, Sections 17-2, ,17-14, 17-15, 17-75 and 17-86 set forth certain definitions and requirements of the County's Procurement Code in accordance with state enabling legislation; and WHEREAS, the General Assembly of Virginia has recently amended § 11-37, § 11-41, '§ 11-55 and § 11-58 of the I Code of Virginia to expand the category of professional services, to raise the ceiling for purchases not requiring competitive sealed bids or competitive negotiation and for purchases of microcomputers and related equipment and services, to expand the authority of the purchasing agent to increase the amount of fixed-price contracts without prior written approval of the governing body and to increase the minimum amount of public construction contracts for which performance and paYment bonds are required; and WHEREAS, the first reading of this ordinance took place on September 8, 1992; and the second reading. took place on September 22, 1992. I BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 17-2. "Definitions.", Sec. 17-14. ~ ~ 751 September 22, 1992 ~ "Modification of Contracts.", Sec. 17-15. "Performance and paYment bonds generally." of Article 1. "In General", Sec. 17-75. "provisions applicable to procurement of professional services." of Division 3. "Competitive Negotiation", and Sec. 17-86. "Definition." of Division 4. "Small Purchases" of Article II. "Competitive Procurement" of Chapter 17 "PROCUREMENT CODE" of the Roanoke County Code be amended and reenacted as follows: Sec. 17-2. Definitions. . . . . Professional services: Work performed by an independent contractor within the scope of the practice of accounting, _£.E:~, architecture, land surveying, landscape I architecture, law, medicine, optometrYAAgRh~Em!g~ or professional engineering. Sec.17-14. Modification of contracts. A public contract may include provisions for the modification of the contract during performance, but no fixed- price contract may be increased by more than!l~a~lrnijæl~:I¡:¡:¡::~¡!:ÎI:l¡¡ teß (10'ls) , percent of the amount of the contract or !mñ::::::::£ñ§g§.i ~gii:~g@t:::::::f.:R:m!::¡::g:9:9::f::fU~;:l:: bia thouoand dallaro ($2,000.00), whichever is smaller, without the advance written approval of the Board of Supervisors. Sec. 17-15. Performance and payment bonds generally. (a) Upon the award of any public construction contract I exceeding §B:~mI9nšEãfl::::::::B!1ªBª:!nl:::::::::~§:~:ill~ª::::::::::::~::g:m:g:!::~:::g:g:!::t::g:g::~:: twenty five ~ ~ ~ September 22, 1992 752' tnouoand dollaro ($25,000.00) to any prime contractor, such contractor shall furnish to the Board of Supervisors the following bonds: (1) A performance bond in the sum of the contract amount conditione~ upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. (2) A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or I materials to the prime contractor to whom the' contract was awarded, or to any subcontractors, in f the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include pUblic utility services and reasonable rental of equipment, but only for periods when the equipment rented is actually used at the site. Sec. 17-75. Provisions applicable to procurement of professional II services. . . . . ...i ~ 753 september 22, 1992 (b) The purchasing agent shall engage in individual discussions with ~ offers deemed mBMÎ fully qualified, responsible and sui table on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. These discussions may encompass nonbinding estimates of total project cost, including where appropriate, design, construction and life cycle costs. Methods to be utilized in arriving at price for services may also be discussed. Proprietary information from competing offers shall not be disclosed to the public or to competitors. . . . . Sec. 17-86. Definition. For the purpose of this division, small purchases shall be'defined as purchases of goods, services, equipment, insurance, construction or other items needed in the day-to-day operations of the county, the monetary value of which does not exceed 1:~iÎil$Ii::~::::::.gÿÆ~Ii~ ten thousand do lIars ~:~:~::f::B:H9::i::B:9i~:: ($10, 000. 00) "nã:::::::::::::Bgl:¡:¡:¡:::::::ËBnÎ~i8Î§::::~:::::::::~gE:::~:::'~::::~ænª:!:~¡mB§fi;E::::::::¡:¡:læ8E§S8mEH!ãB~::::¡~:::::~¡!ñ~¡::::::::::~È$:~¡!~~ã äfiÊæRbi¡í*j::::::::sliffi~m$R]§::jj::::¡~¡n~::::::::::ifM£M:i:8¡@§::::~::::ng!:¡::::::::@,*R~8Îfil::::::::¡:!g:::::::::iliRI:w~::::::::În:I:.g EUIHM¡!Î.:I:ëgæ*!i1I:::I:~:~:~:I::9::i::B:H:9::f:::9:H:~::. 2. This ordinance shall be effective from and after October 1, 1992. ~ ~ I I ~ ,- ~ september 22, 1992 754 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded 'vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CONSENT AGENDA R-92292-9 Supervisor Kohinke moved to adopt the Consent Agenda after discussion of Item 7. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy I NAYS: None Regarding Item 7, Mr. Mahoney was asked to request a report from the Town of Vinton Attorney on additional fees resul ting from the law suit with Grumman Emergency Products. Supervisor Eddy asked that a copy of the Item 9 resolution be sent to Mental Health Services and Supervisor Nickens asked that a copy go to Virginia Western Community College. RESOLUTION 92292-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the I Board of Supervisors for September 22, 1992, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated ~ ,... 755 September 22, 1992 ~ Items 1 through 10, inclusive, as follows: 1. Acknowledgement of Acceptance of 0.09 Miles of Ashbury Court, 0.20 Miles of Ashbury Drive, and 0.07 Miles of Greenmont Court into the Secondary System by the Virginia Department of Transportation. 2. Approval of Raffle Permit for Knights of Columbus 4th Degree Assembly. 3. Request for Acceptance of Buckhorn Road into the virginia Department of Transportation Secondary system. 4. Request for Acceptance of Christopher Drive into the Virginia Department of Transportation Secondary System. 5. Request for Acceptance of Forest Creek Drive into the Virginia Department of Transportation Secondary System. 6. Request for Public-Private Partnership Funds for an Industrial Building in Southwest Industrial Park. I 7. Authorization to Pay certain Legal Fees Regarding Litigation with Grumman 'Emergency Products, Inc. 8. Acceptance of Donations of Right-of-way and Drainage Easement for Flintlock Road in Connection with the' Hunting Hills Road Project. 9. Adoption of Resolution Endorsing the Passage of the State Referenda Authorizing the Issuance of General Obligation Bonds. 10. Approval of Raffle Permit from Cave Spring Elementary School PTA. 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 I pursuant to this resolution. On motion of Supervisor Kohinke to adopt the ~ ~ ~ September 22, 1992 756 resolution after discussion of Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-9.c REQUESTING ACCEPTANCE OF BUCKHORN ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Buckhorn Road I North of Hunting Hills Drive to cul-de-sac and South of Hunting Hills Drive to cul-de-sac to be accepted pursuant to Section 33.1-72.1, Paragraph C-1 and funded pursuant to Section 33.1- 75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Plat Book 6, Page 63, of record in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to and used by motor vehicles. 4. That this Board does certify that no speculative interests are involved. I 5. That said road known as Buckhorn Road and which is shown on a certain sketch accompanying this resolution, be, and ~ ~ ,,75 7 ~. September 22, 1992 the same is hereby established as a public road to become a part of the state secondary system of highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-9.d REQUESTING ACCEPTANCE OF CHRISTOPHER DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Christopher Drive from the intersection of Cotton Hill Road (state Route 688) to the cul-de-sac for a distance of 0.27 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 road have heretofore been dedicated by virtue of a certain map known as Cotton Hill Estates, Section 3 Subdivision, which map was recorded in Plat Book 12, Page, 190 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on September 7, 1990, and that by reason of the recordation of said ~ ~ I I ~ ªt September 22, 1992 75 8 J.I 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 right- of-way for the street. 3. That said road known as Christopher Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the state Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. I On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-9.e REQUESTING ACCEPTANCE OF FOREST CREEK DRIVE 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 Forest Creek Drive, from its intersection with Forest Edge Drive to the cul- de-sac 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 ~ ,... 759 September 22, 1992 easements and a fifty (50) foot right-of-way, for said road have heretofore been dedicated by virtue of certain maps known as Forest Edge Section 3, and Forest Edge Section 1, Subdi visions which maps were recorded in Plat Book 12, Page 63, and Plat Book 10, Page 29 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 23, 1990, and October 29, 1986, respectively, and that by reason of the recordation of said maps 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 right-of-way for the street. 3. That said road known as Forest Creek Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a pUblic road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-9. i ENDORSING THE PASSAGE OF STATE REFERENDA ON NOVEMBER 3, 1992, BALLOT, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COMMONWEALTH OF VIRGINIA WHEREAS, Virginia's continued economic growth and development is dependent upon the Commonwealth's ability to ~ ~ I I ~ ~ September 22, 1992 760 I I I provide for the needs of its citizens both now and into the 21st century; and WHEREAS, voters will have the opportunity to approve three bond referenda on November 3 that will provide funds to construct and renovate the facilities necessary to serve the state's growing population; and WHEREAS, $472.4 million is earmarked for the capital needs of higher education, providing badly needed classroom, laboratory and other teaching space, correction of life-safety code deficiencies, repairs to libraries, additions to computer centers, and other needs; and WHEREAS, $45.2 million is appropriated for the construction and renovation of seven high-priority projects for current and projected patient needs, particularly for children and elderly Virginians, enabling Virginia to meet legal mandates, and ensuring that state facilities will continue to receive Medicaid and Medicare reimbursements; and WHEREAS, $95.4 million ~is allocated to upgrade existing park facilities and purchase new land, enhancing Virginia's tourist potential and increasing the flow of out-of- state revenue to Virginia; and WHEREAS, passage of these three referenda will not jeopardize Virginia's AAA bond rating; taxes will not have to be raised; and passage will create 3,600 new jobs and generate $22 million in new revenue. NOW, THEREFORE, BE IT RESOLVED that the Board of ~ ~ 761 ~ September 22, 1992 ~ Supervisors of Roanoke County, Virginia, endorses the passage of all three referenda on the November 3, 1992, ballot, authorizing the issuance of general obligation bonds of the Commonwealth of Virginia. BE IT FURTHER RESOLVED that the Roanoke County Board of supervisors 'encourages the voters of Virginia to vote "YES" on each Question of whether the referendum should take effect. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) He attended the County Council of PTA's and Glen Cove PTA, and received favorable feedback on the bond issue. Supervisor Nickens: He made the following announcements regarding the Explore project: (1) that there is now an Explore newsletter "Explorations". (2) that the environmental impact statement did not turn up anything unexpected on the current landfill. (3) that the Explore Board approved a $24,000 match from VPI to the Virginia Environmental Endowment Fund to look at the closeout of the current landfill. ( 4) He met with the residents of Rutrough Road to get their· I. feelings on th,~ ,µª~of the road as temporary access to Explore. Supervisor Johnson: (1) He advised that the residents ~ ª' "'1111 September 22, 1992 762 I in LaBellvue subdivision are having problems refinancing their homes because of county' liens for water line extension. Mr. Mahoney advised that he is willing to list the lien as a 2nd lien. (2) He responded to Supervisor Kohinke's memo regarding companies who have left the Roanoke Valley. SUDervisor EddY: (1) He commended Chief Cease for his annual report. He asked Mr. Hodge to give an update on the police department accreditation program. (2) He received a letter from the State Department of Police on a public hearing that will be held in the RCAC community room. (3) He attended the Center in the Square Board of Directors annual meeting. (4) He announced that Roanoke County has been approved by the congressional committee for inclusion in the Appalachian Regional Commission. (5) He asked about leaf collection. Mr. Hodge advised that the General Services Department will be responsible for all the leaf collection programs. (6) He advised that he, Mr. Hodge, Supervisor Minnix and Mr. Gubala attended the press conference announcing merger of Dominion Bank and First Union Bank. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. ~ 'General Fund UnapproDriated Balance II ~ caÞital Fund unaÞproÞriated Balance ~ Board Continqencv Fund ~ ~ 763 September 22, 1992 ~ Account Paid - Auqust, 1992 ~ statement of Expenditures and Revenues as of Auqust 31, 1992 h Report on status of Sewaqe Treatment Plant Upqrade ~ Water Treatment Plant Desiqn Review h Report on Norfolk and Western Petition for Correction of Erroneous tax Assessments. IN RE: WORK SESSION h Review of Tax Exemption Proqrams for Air/Water Pollution Control and Recvclinq Equipment. Mr. Hodge advised that staff has researched the current program in comparison with other Roanoke Valley localities. A program of this type would exempt controls that businesses must purchase to meet federal air and water pollution standards. Commissioner of the Revenue Wayne Compton reported that the County receives $846,000 in machinery and tools tax and $371,000 from the Town of vinton for the same tax. Mr. Compton advised that the exemption is only afforded one company in the City of Roanoke and one company in the City of Salem. He presented a comparison of machinery and tools tax between Roanoke ci ty , Roanoke County and the city of Salem which showed that Roanoke County's taxes are sUbstantially less that the other governments. Mr. Hodge advised that staff will continue to study this issue and report back. Supervisor Nickens asked for the ~ ~ I ," I -, ~ ~ september 22, 1992 7 64 CJ rationale on the County's low assessment of machinery and tools, and Supervisor Eddy asked for a comparison with other governments outside of the Roanoke Valley. IN RE: EXECUTIVE SESSION At 6: 00 p. m. , Supervisor Kohinke moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (3) to discuss consideration of the acquisition of real property for public purposes (two separate issues); (7) to consult with legal counsel concerning briefings by staff members pertaining to actual litigation. The motion carried by the I following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-92292-10 At 6:30 p.m., Supervisor Johnson moved to approve the Certification Resolution excluding the pending litigation issue. Supervisor Kohinke left the meeting at 6: 15 p. m. carried by the following recorded vote: The motion AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke I RESOLUTION 92292-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke ~ ,... \ 76 5 ~ September 22, 1992 County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was, conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, , to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, virginia. On motion of Supervisor Johnson to adopt the resolution, excluding the pending ,litigation issue, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke EVENING SESSION IN RE: FIRST READING OF ORDINANCES ~ ~ I I ~ ~ September 22, 1992 766 I ~. Ordinance Amendinq and Reenactinq Chapter 13, Offenses-Miscellaneous, by addinq Article II, Noise, and by Deletinq Section 13-3. Noise, of the Roanoke County Code. (Paul M. Mahoney, County Attorney) Mr. Mahoney reported that this ordinance will parallel ones recently adopted by the City of Roanoke and the Town of Vinton. There was no discussion and no citizens to speak. Supervisor Johnson moved to approve the first reading of the ordinance with the second reading set for October 27, 1992. The motion carried by the following recorded vote: 'AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke IN RE: PUBLIC HEARINGS ~ Public Hearinq and Adoption of Resolution Authorizinq Issuance of $1,830,000 General Obliqation School Bonds from the Virqinia Public School Authority. (Diane Hyatt, Finance Director) R-92292-11 Ms. Hyatt reported that part of the application process is to have a public hearing on the issuing of the bonds. The Board also needs to adopt a resolution authorizing the issuance I of the bonds. Ms. Hyatt announced that Crestar Bank has been designated as the Bond Registrar and Paying Agent for the Bonds. ...1 ,... 76 7 ,~\ '- ... september 22, 1992 ~ There were no citizens to speak on this issue. Supervisor Nickens moved to approve the resolution with Crestar Bank designated as bond registrar. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke RESOLUTION 92292-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,830,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF The Board of Supervisors ("Board") of the County of , Roanoke, Virginia ("County") has determined that it is necessary I and expedient to borrow not to exceed $1,830,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. The county has held a public hearing, after due publication of notice, on September 22, 1992 on the issuance of such bonds in accordance with section 15.1-227.8, Code of Virginia of 1950, as amended ("Virginia Code") . The School Board of the County has requested by resolution, the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $1,830,000 ("Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. the best Virginia 2. Sale of the Bonds. ít is determined to be in interest of the county to accept the offer of the Public School Authority ("VPSA") for the VPSA to I ~ ~ ~ September 22, 1992 768 I I purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and thè Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement wi th the VPSA providing for the sale of the Bonds to the VPSA ("Bond Sale Agreement") . 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1992"; shall bear interest payable from the date of delivery thereof semi-annually on each June 15 and December 15 (each an "Interest Payment Date"), beginning June 15, 1993, or such other date as VPSA may establish, at the rate or rates established in accordance with paragraph 4 of this Resolution; and shall mature on December 15 in the years (each a "Principal PaYment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate shall be more than ten one-hundredths of one percent (0.10%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate on the Bonds shall exceed nine percent (9%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, provided that such aggregate principal amount shall not exceed $1,830,000 and the final maturity of the Bonds shall not be later than December 15, 2014. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in'exchange for the temporary typewritten Bond. ~ ~ 76 9: ~.: September 22, 1992 I 6. Payment: Payinq Aqent and Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all paYments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11: 00 a. m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Payment Date, Principal PaYment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Çig§;Þ~E:::::::::::::::ª~û.I, Richmond, Virginia, is designated as Bond RegìS-tiär"árid"Þäÿing Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds coming due on or before December 15, I 2002, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 15, 2002, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds coming due after December 15, 2002, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after December 15, 2002, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2002, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2002 to December 14, 2003, inclusive..... 103% December 15, 2003 to December 14, 2004, inclusive..... 102 December 15, 2004 to December 14, 2005, inclusive..... 101 December 15, 2005 and thereafter...................... 100; Provided, however, that while the VPSA is the registered owner of the Bonds, the Bonds shall not be subject to prepaYment or redemption prior to their stated maturities as I described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than thirty (30) days ~ ~ I I ~ september 22, 1992 ]70 I before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full fai th and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non-Arbitraqe Certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non- Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and such Use of Proceeds Certificate and that the County shall comply with the covenants and representations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. state Non-Arbi traqe Proqram: Proceeds Aqreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to participate in the state Non-Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or 'officers of the County as either of them may designate, are hereby authorized and ...4 ~ 771 ~ September 22, 1992 ~ directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. officers directed with the 12. Filinq or agents of the to cause a certified Circuit Court of the of Resolution. ,The appropriate County are hereby authorized and copy of this Resolution to be filed County. 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the county Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. effect immediately. This Resolution shall take On motion of Supervisor Nickens to adopt the resolution with Crestar Bank designated as Bond Registrar, and carried by the following recorded vote: I AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h An Ordinance to Eliminate Existinq Conditions and Add One New Conditions on an ApproximatelY 12 Acre Parcel Zoned B-2 Conditional, Located on the North Side of Peters Creek Road ApproximatelY 50 Feet West of its Intersection with Centurion Road, I Hollins Maqisterial District, Upon the Petition of Dominion Bank, National Association. (Terry ~ ~ 77 2 ~.! ." ,.. ~ september 22, 1992 Harrinqton, Director, Planninq , Zoninq) 0-92292-12 Mr. Harrington explained that the property was originally rezoned by Royal Buick for a new automobile dealership. There were proffered conditions with the rezoning at that time. Dominion Bank has obtained the property and wishes to have the conditions removed. He announced that the Planning Commission had discussed removing the existing buildings from the site. Since the Planning Commission meeting, Dominion Bank has agreed to proffer that the existing buildings shall be demolished. I Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke ORDINANCE 92292-12 TO ELIMINATE PROFFERED EXISTING CONDITIONS ON THE REZONING OF- A 12.26-ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF PETERS CREEK ROAD (ROUTE 117) APPROXIMATELY 50 FEET WEST OF ITS INTERSECTION WITH CENTURION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B- 2, WITH ONE CONDITION, UPON THE APPLICATION OF DOMINION BANK, NATIONAL ASSOCIATION I WHEREAS, the first reading of this ordinance was held on August 25, 1992, and' the second reading and public ...1 ~ 773';' September 22, 1992 hearing was held September 22, 1992; and, WHEREAS, the Roanoke County Planning Commission hèld a public hearing on this matter on September 1, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from M-1, Light Manufacturing, and A-1, Agriculture, to B-2, Gene~al Commercial District, with proffered conditions, in August of 1987. 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 approximately 12.26-acres, as described herein, and located on the north side of Peters Creek Road (Route 117) approximately 50 feet west of its intersection with Centurion Road in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, with conditions to the zoning classification of B-2, General Commercial District, with one condition. 2. That this action is taken upon the application of Dominion Bank, National Association. 3. That the Petitioner, Dominion Bank, National Association, now requests elimination of the following proffered condi tions approved by the Board of Supervisors in August of 1987, and that the following proffered conditions are hereby rescinded: (a) That the property will be utilized in substantial ~ ~ I I ~ "'1111 September 22, 1992 774 (b) (c) (d) (e) I (f) conformity with the development plan prepared by T. P. Parker & Son, Engineers & Surveyors, under date of July 6, 1987, with the exception that there will only be two entrances to said property. That the showroom to be constructed will be a two- story structure. That all lighting will be shielded away from adjoining properties and will be directed solely upon the subject property. That one entrance shall be aligned with a cut in Peters Creek Road, either at the existing location or at a new location, should the present location be moved. That all drainage, screening and buffering shall be in accordance with the Roanoke County Ordinance. That there will only be two signs on the property which are not attached to structures. The signs will be in substantial conformity with the design attached hereto. 4. That the Petitioner, Dominion Bank, National Association, now voluntarily agrees to the following proffered condition: (a) That the existing buildings on the property shall be demolished and removed to an approved disposal site within 180 days of the approval of the petition to rezone the subject property. 5. That said real estate is more fully described as follows: Parcell BEGINNING at a point on the northerly side of Peters Creek Road and at the southeasterly corner of the property of Maury L.' Strauss, et als. (DB, 1244, page 1352); thence with a curve to the right along Peters Creek Road having a chord bearing and distance of S. 60 deg. 47' 54" W. 832.07 feet, an arc distance of 833.79 feet to a concrete monument; thence leaving said Peters Creek Road N. 28 deg. 39' 30" W. 875.61 feet to a pin I ~ ~ 775 '~ September 22, 1992 set at the southerly corner of the property of William H. Craft (DB 1186, page 432); thence along the property line of the said William H. Craft N. 60 deg. 25' E. 331.34 feet to an old pin located on the southeasterly property line of Howard B. Fitzgerald, Jr. (DB 1117, page 784);. thence S. 37 deg. 27 ' E. 676 . 37 feet to a large bolt at the southerly corner of the property of Maury L. strauss, et also (DB 1177, page 751); thence N. 55 deg. 48' E. 275.20 feet to a'pin located at the approximate center of Lot 1, Block 1, Century Estates; thence along the southerly property line of Lot 1, Block 1, Century Estates and the property of Maury strauss, et als., (DB 1244, page 1352) s. 56 deg. 45' 21" E. 262.11 feet to the point and place of BEGINNING, and containing 9.967 acres situate on Peters Creek Road (Route 117) as shown on a topographic survey for Eugene Lynn by T. P. Parker & Son, dated April 8, 1987. ~ Parcel 2 BEGINNING at a point on the northwest corner of Lot 21, Block 2, Plat of Century Estates of record in Plat Book 9, page 282 of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; thence S. 35 deg. I 45' E. 104.50 feet to a pin set at the southwest corner of said Lot 21, Block 2, Century Estates; thence along the southerly property line of said Lot 21, Block 2, Century Estates, N. 54 deg. 15' E. 15.91 feet to a pin set; thence leaving Lot 21 and along the westerly side of Centurion Road, NW, S. 35 deg. 53' 50" E. 79.92 feet to a pin set on the northerly corner of Lot 2, Block 2, Map of Century Estates; thence leaving Centurion Road and with a curve to the left having a chord bearing and distance of N. 80 deg. 49' 25" W. 42.37 feet, an arc distance of 47.05 feet to a point on the northerly property line, of said Lot 2, Block 1, Century Estates; thence along same S. 54 deg. 15' W. 103.71 feet to an old pin set at the westerly corner of said Lot 2, Block 1, Century Estates; thence with the westerly line of the aforesaid Lot 2 and 1, Block 1, Map of Century Estates, S. 35 deg. 53' 50" E. 114.48 feet to an old pin; thence S. 56 deg. 45' 21" E. 9.14 feet to an old bolt set; thence S. 55 deg. 48' W. 275.20 feet to a large bolt along the northerly line of a 9.967 acre tract of Royal Buick Company; thence N. 37 deg. 27' W. 270.03 feet along the easterly line of the same Royal Buick Company tract to a pin set on the southerly corner of property of Ellis E. & Lena D. Cullen (DB I 750, page 298); thence along the said Cullen property N. 54 deg. 13' 39" E. 397.13 feet to the point and place of BEGINNING and containing 2.171 acres as shown on survey for Royal Buick Company showing a 9.967 acre ~ ~ ~ September 22, 1992 77,6 ~' tract, an acre stormwater management easement, a 20' drainage easement, and a 20' waterline easement made by T. P. Parker & Son, Engineers & Surveyors, Ltd. dated December 13, 1988. 6. 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 shall 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, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke I IN RE: ADJOURNMENT At 7:15 p.m., Supervisor Johnson moved to adjourn. The motion carried by a Kohinke absent. unanimous voice vote with ~ßJ . ee B. Eddy, Chairman Supervisor I ~ ~ ~ .~ I I