HomeMy WebLinkAbout9/26/1989 - Regular
September 26, 1989
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, s.w.
Roanoke, Virginia 24018
September 26, 1989
The Roanoke County Board of Supervisors of Roanoke County,
Virginia, met this day at the Roanoke County Administration Center, this
being the fourth Tuesday, and the second regularly scheduled meeting of
the month of September, 1989.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3: 06 p. m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard Robers,
Supervisors Steven A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
Supervisor Bob L. Johnson
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator for Human
Services; John R. Hubbard, Assistant County
Administrator of Community Services and Development;
Don M. Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney, County
Attorney; Brenda J. Holton, Deputy Clerk; Anne Marie
Fedder, Information Officer
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September 26, 1989
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Gordon Grimes, Cave
Spring Baptist Church.
The Pledge of Allegiance was recited by all
present.
IN RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF THE AGENDA
ITEMS
Item 1. A. Report on damage assessment from Hurricane Hugo
was added to New Business.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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Proclamation Declarina the week of October 9 - 15, 1989
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as Fire Preventive Week.
Mr. Ken Sharpe, Roanoke County Fire Marshall, was present to
receive the proclamation.
Supervisor Garrett moved to approve the proclamation. The
motion was seconded by Supervisor Nickens, and carried by the following
recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
PROCLAMATION DECLARING THE WEEK
OF OCTOBER 9 THROUGH 15, 1989, AS
FIRE PREVENTION WEEK IN ROANOKE COUNTY
September 26, 1989
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==9 WHEREAS, in 1922, President Warren G. Harding proclaimed Fire
Prevention in memory of the tragic Chicago fire of October 9, 1871; and
WHEREAS, the major loss of life and injury is due to fire in
the home; and
WHEREAS, in 1988, 6,215 people lost their lives in the United
States, and 30,800 civilians and approximately 100,000 firefighters were
injured at fire scenes; and the total fire loss was almost $7.1 billion;
and
WHEREAS, the United states and Canada suffer more loss of
lives and dollars than any country in the world; and
WHEREAS, Roanoke County Fire and Rescue Department responded
to 2,618 fire incidents in 1988; and
WHEREAS, the national theme for Fire Prevention Week this year
is "Big Fires start Small".
NOW, THEREFORE, WE, the Board of Supervisors of Roanoke
County, Virginia, do hereby proclaim the Week of October 9 through 15,
1989 as FIRE PREVENTION WEEK in Roanoke County, and urge that all
citizens install and/or maintain their existing smoke detectors, and
urge that home inspections and clean-up campaigns be conducted, and
education programs in schools, days care centers, and churches be
utilized to further promote fire safety throughout the County.
On motion of Supervisor Garrett, seconded by Supervisor
Nickens, and carried by the fOllowing recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
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September 26, 1989
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~ Resolution of Conaratulations to the vinton First Aid
Crew on their 50th Anniversarv.
R-92689-1
Mr. Chris stull, on behalf of the Board of Directors and the
membership of the vinton First Aid Crew, was present to receive the
resolution.
Supervisor Nickens moved to approve the resolution. The
motion was seconded by Supervisor McGraw, and carried by the following
recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 92689-1 OF CONGRATULATIONS UPON
THE 50TH ANNIVERSARY OF THE VINTON
FIRST AID CREW
WHEREAS, the Roanoke Valley is the home of some of the first
volunteer rescue squads in the United States; and
WHEREAS, the vinton First Aid Crew is the lOth such squad to
be founded in the State of Virginia, having been formed by fourteen men
in the basement of the vinton Baptist Church on October 5, 1939, and has
grown from that to a squad of forty-five volunteers; and
WHEREAS, the Crew began with a first aid kit and one truck,
September 26, 1989
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and now has advanced life support equipment, seven trucks and two boats;
and
WHEREAS, the Vinton First Aid Crew has been responsible for
helping many injured people and saving many lives; and
WHEREAS, the Vinton First Aid Crew is now celebrating its 50th
Anniversary.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board
of Supervisors does hereby extend its thanks and congratulations on
behalf of itself and the many people helped through the years, to the
VINTON FIRST AID CREW on the occasion of their 50th Anniversary.
FURTHER, the Roanoke County Board of Supervisors does extend
its best wishes for another fifty years of service to the community.
On motion of Supervisor Nickens, seconded by Supervisor McGraw, and
carried by the following recorded vote:
AYES:
Supervisor Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
~ Recoanition of Tim Gubala for his community involvement.
County Administrator Elmer Hodge recognized Tim Gubala,
Director of the Roanoke County Economic Development Department, for his
participation in the community as Chairman of the Ambassadors Group,
recently formed by the Roanoke Regional Chamber of Commerce. Mr. Gubala
also recently became President of the Virginia Economic Development
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September 26, 1989
Association for this year.
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IN RE:
NEW BUSINESS
1.A. ReÐort on Damage Assessment from Hurricane Huao.
Chairman Garrett in his capacity as Director of Emergency
Services briefed the Board about the events that occurred during the
recent Hurricane Hugo. He thanked all the members of County Government
for their assistance during this emergency.
Mr. Hodge extended
appreciation to all of the county employees who provided assistance
during the storm and recognized individually those staff members who
were present.
Chief Tommy Fuqua, Fire & Rescue Department, presented an
overview of the events. He advised that the damage estimates for the
county were nearly $1.4 million. Of this amount, $954,000 damage was
to private property and $407,000 to public property. Damage to private
property which was not covered by insurance equaled $383,200 and damage
to public property not covered was $407,000, making a total of $790,000
not insured.
Mr. Lowell Gobble, Director, VPI/SU Extension Service, reported
that Catawba and Bent Mountain experienced considerable damage estimated
to be $122,000.
Supervisor Garrett requested that Mr. Hodge confer with the
county staff to find ways to help the citizens most directly affected
September 26, 1989
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by the Hurricane. l1e also reques1:ea 1:ha1: cons1.aerat1.on be g1.ven for tax
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relief for those citizens who received damages.
1. Reauest for sUÐÐort for the United Way CamÞaiqn.
A-92689-2
Assistant County Administrator John Chambliss asked the Board
to authorize the County I s participation in the 1989-90 United Way
campaign. The goal for the county is $17,777, an increase of 12% over
last year. Administrative Secretary Carolyn Wagner has agreed to serve
as Campaign Coordinator to work with a committee of employees. Ms.
Wagner presented each supervisor with their pledge card.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
~ Presentation on CORTRAN bY Curtis Andrews, Director of
RADAR.
Mr. curtis Andrews, Executive Director, RADAR, advised that
CORTRAN, which is a specialized transportation service for the County
of Roanoke, started in 1985, with a state experimental grant. It now
contracts service with the county providing free service for elderly or
physically disabled county citizens certified by Easter Seal or League
of Older Americans. During first month of 1985, the service operated
25 hours and 546 miles and provided 27 one-way trips.
On a current
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September 26, 1989
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average monthly basis, the service opera1:es 225 nours, 5,000 m1.1es anc
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averages 375 to 450 one-way trips.
Mr. Andrews advised that during the last fiscal year, the
service operated 2,630 hours of service, 55,000 miles accumulated with
no major accidents, and provided 4,114 one-way trips to county
residents. The reason for the services are 38% medical, 34% shopping,
12% for emploYment, 10% recreational, and 6% personal business.
supervisor Nickens expressed appreciation to Mr. Andrews and
his staff for their service to the citizens of Roanoke County.
~ Reauest for additional funding for the Old Hollins Road
Water ImÐrovement project.
A-92689-3
Director of utilities Cliff Craig reported that the Old
Hollins Road Water Improvement Project is the first public works project
approved under the petition for public works improvement process. This
will provide water service to the Shadwell Road and Belleview Gardens
Area. The project design is complete and bids have been received. The
initial funding for the project was approved at $400,000.
The staff requested an increase in the storage reservoir from
250,000 gallons to 500,000 gallons, and to increase the size of the
water pump station and pressure reducing station. Mr. Craig requested
that the Board appropriate an additional $132,000 from the utility
Enterprise Fund as additional funding for this project.
Supervisor Nickens moved to approve staff recommendation for--
September 26, 1989
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funding. The motion was seconded by Supervisor McGraw, and carried by
the following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
~ Funding for utility construction at economic development
sites.
A-92689-4
Mr. Craig advised that the construction of the water and sewer
facilities required for the initial development of the Southwest
Industrial Pa~k and the Tweeds site was funded as part of the site
development process.
Additional water and sewer lines are now required
to be extended 350 feet along Commonwealth Drive because the remaining
lots have been subdivided and sold as individual parcels. The water
line is estimated to cost $11,000 and the sanitary sewer estimated at
$12,000.
The on-site water extension to provide water service to the
Tweeds development was funded by the CDBG site development grant. Part
of a loop water line cost will be paid by Roanoke county as an off-site
facility and is estimated to be $115,000, to be reduced by an amount
depending on CDBG participation.
Mr. Craig requested the Board to approve the funding of
$11,000 for water line constructions, $12,000 for sewer line
construction, and $115,000 for the Tweeds development water line loop.
The Southwest Industrial Park and adjacent property connection fees will
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September 26, 1989
ex~eed the cost of the water ana sewer construct1.on.
The Tweeds fir
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service fee will be $65,543 and their domestic connection fee will be
$10,609.
Connection fees from development on the remaining property
will generate adequate funds to cover the cost of the off-site water
facilities.
Funds are available in the utility enterprise funds for
these projects.
Supervisor Nickens moved to approve staff recommendation for
funding. The motion was seconded by Supervisor McGraw, and carried by
the following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR ROBERS: (1) Received letter of notification from Dr.
wilson that Roanoke County students will have the opportunity to sign
the drug free pledge next week. (2)
Announced that Tim Gubala,
Director, Economic Development, will start work on setting up a meeting
with the Economic Development Advisory Committee to go over plans with
developers and businesses during next couple weeks.
(3)
Gave a
progress report on the smart highway progress, and reported that
Governor Baliles wants to pursue this and will try to arrange a
congressional delegation to meet with Secretary Skinner, U.S. Department
of Transportation.
September 26, 1989
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SUPERVISOR MCGRAW:
(1) Congratulated Supervisor Robers for his
forward thinking regarding the smart highway.
(2)
Reported on the
Grayson Commission public hearing that was held September 25 at Virginia
Western, and felt that the presentations by Supervisor Garrett and Mr.
Musser were constructive and very well received.
(3) Announced that
a community meeting of Montclair Estates residents was held last
Wednesday and gave the staff and residents a better understanding of
problems. (4) Noted that a letter had been received thanking engineers
for drainage work done in Hollins.
(5)
Received a petition from
residents concerned about the safety of Poor Mountain Road especially
for school buses and requested that this be brought to VDOT attention
as soon as possible.
SUPERVISOR NICKENS: (1) Questioned why there has been no signed
agreement with any vendor for the consolidated automated library
although the county approved this recently under a deadline to get the
lowest bid. He asked for a staff update. Mr. Hodge commented that the
City is doing an additional analysis of the situation to find ways of
saving money.
Supervisor Nickens moved to ask Mr. Hodge to make the appropriate
contacts to (1) assume the leadership of this project, and (2) provide
the automated system in a more cost effective manner than originally
proposed.
Seconded by Supervisor Garrett, and carried with the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
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September 26, 1989
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ABSENT:
Supervisor Johnson
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SUPERVISOR GARRETT:
(1) Expressed his concerns over the status
of personnel should a division of the sheriff's office and the police
department take place in the November referendum.
He advised that
Roanoke County will provide for the continuation of employment,
seniority, and benefits of all personnel making the transition as well
as those continuing with the Sheriff's Office. This position will not
be altered by any incoming person and can be taken as a guarantee of
retention.
Supervisor Garrett moved that the Board support this position. The
motion was seconded by Supervisor Nickens, and carried by the following
recorded vote:
AYES:
Supervisors McGraw, Nickens, Robers, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
Supervisor Nickens requested that the information about the Board's
efforts be transmi tted to the employees of the Sheriff's Off ice.
Supervisor Garrett requested that this subject be discussed at the next
Employee Advisory Committee Meeting.
IN RE:
APPOINTMENTS
~ Fifth Plannina District Commission
Supervisor Nickens moved to nominate Mrs. Pat Dean for a threE
years term to expire June 30, 1992.
September 26, 1989
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~ Grievance Panel
Supervisor Robers moved to nominate Kim Owens to another
two year term which will expire August 27, 1991.
IN RE:
CONSEN'l' AGENDA
R-92689-5
Supervisor Nickens moved to approve the Consent Agenda. The motion
was seconded by Supervisor McGraw, and carried by the following recorded
vote:
AYES:
Supervisors McGraw, Nickens, Robers, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 92589-5 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That certain section of the agenda of the Board of
Supervisors for September 26, 1989, designated as Item I - consent
Agenda, be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated as Item 1 -3, inclusive,
as follows:
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September 26, 1989
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1. Approval of Raffle Permit - Roanoke County Parks and
Recreation - Therapeutic section.
2. Approval of Raffle Permit and Bingo Game - Cave Spring
Elementary PTA.
3. Resolution requesting the Virginia Department of
Transportation to name new bridge in Wabun Community.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items the
separate vote tabulation for any such item pursuant to this resolution.
On motion of Supervisor Nickens, seconded by Supervisor McGraw,
and carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
RESOLUTION 92689-5.c REQUESTING THE NAMING
OF THE NEW BRIDGE IN WABUN
WHEREAS, May Winn Johnson was a driving force in Roanoke
County for many decades through her involvement in local government and
education; and
WHEREAS, Mrs. Johnson served as a member of the Roanoke County
Board of Supervisors from 1974 through 1984, serving as Chairman in
1976, 1979, and 1983; and
WHEREAS, there existed for many years a dangerous situation
at the bridge spanning the Roanoke River on Route 639 in the Wabun Area;
and
WHEREAS, during her tenure as Chairman, Mrs. Johnson set as
one of her highest priorities assisting the Wabun Community to realize--
September 26, 1989
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their dream of a new safe bridge; and
WHEREAS, that dream has finally become a reality, in part,
due to Mrs. Johnson's perseverance; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
desires to recognize in a fitting way May Winn Johnson's many
contributions to Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That a memorial should be established recognizing the many
contributions to Roanoke County made by May Winn Johnson.
2. That the Virginia Department of Transportation be
requested to name the new bridge spanning the Roanoke River at Route
639 in the Wabun Area, the MAY WINN JOHNSON BRIDGE in recognition of
Mrs. Johnson's efforts to help residents in that community.
On motion of Supervisor Nickens, seconded by Supervisor McGraw,
and carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
J. CITIZENS' COMMENTS AND COMMUNICATIONS
~ Richard Blankenship, 2920 Penn Forest Blvd, advised the
Board of his concerns about his drainage problem caused by the
apartments built behind him at Penn Forest and Chaparral Drive.
Supervisor Garrett directed Mr. Hodge to arrange a meeting
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September 26, 1989
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between Mr. Workman of the Engineering Department and Mr. Blankenship
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in an attempt to resolve the problems.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the reports listed
below. The motion was seconded by Supervisor McGraw and carried by the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Robers
NAYS:
None
ABSENT:
Supervisor Johnson
l. Capital fund Unappropriated Balance.
2. General Fund Unappropriated Balance.
3. Board Contingency Fund.
4. status Report on the Pinkard Court Planning Grant.
IN RE:·
EXECUTIVE SESSION
There was no Executive Session.
IN RE:
DINNER RECESS
Chairman Garrett declared a dinner recess at 4:00 p.m.
EVENING SESSION (7:00 P.M.)
September 26, 1989
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IN RE: PUBLIC HEARING AND PIRST READING OP ORDINANCES
989-1 Ordinance amendinq and reenactinq Article III, Division
2, Use of Value Assessment of Certain Real Estate, of
Chapter 21, Taxation, of the Roanoke county Code.
County Attorney Paul Mahoney presented the staff report and
advised that this ordinance would recodify the section to incorporate
changes from the state legislature. This a program that Roanoke County
does on voluntary basis to provide taxpayers who have more land to pay
less taxes.
Alfred Powell. 3440 Franklin street. Salem. commented that he
felt this ordinance should have been preceded by a work session or prior
notice should have been furnished.
He wanted an explanation of the
ordinance and for the first reading to be delayed.
Mr. Mahoney replied that for the ordinance to be effective for
this tax year, it must be approved before December 31, 1989. Also in
order to save space in the ordinance, reference was made to the state
Code without detailing the actual provisions.
Supervisor Nickens requested that Mr. Mahoney supply
additional information to Mr. Powell or any citizen, but felt the
ordinance should not be made unnecessarily long.
Supervisor McGraw moved to approve the first reading, but
before the second reading set for October 10, 1989, answers to Mr.
Powell's questions should be made with copies provided to the Board.
The motion was seconded by Supervisor Robers, and carried by the
following recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
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September 26, 1989
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NAYS:
None
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ABSENT: Supervisor Johnson
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
989-2 Petition of Linqerfelt Development Corp. to
conditionally rezone a .493 acre track from A-l
Agricultural to M-l, Industrial with special Exception
Permit, for parkinq, landscape and drainaqe/retention,
located northwest of the intersection of Peters Creek
Road and valleypointe Parkway in the Hollins Maqisteria1
District.
0-92689-6
Director of Planning Terry Harrington presented the staff
report. There were no significant impact factors and there are seven
proffered conditions. The Planning Commission recommended unanimous
approval with proffers. There were no citizens to speak.
Supervisor Nickens moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES: Supervisors Robers, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor McGraw
ORDINANCE 92689-6 TO CHANGE THE ZONING CLASSIFICATION OF A .493
ACRE TRACT OF REAL ESTATE LOCATED NORTHWEST OF THE INTERSECTION OF
PETERS CREEK ROAD AND VALLEYPOINTE PARKWAY IN THE HOLLINS
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF Al TO THE
ZONING CLASSIFICATION OF Ml WITH CONDITIONS AND A SPECIAL EXCEPTION
UPON THE APPLICATION OF LINGERFELT DEVELOPMENT CORPORATION
WHEREAS, the first reading of this ordinance was held on September __
September 26, 1989
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12, 1989, and the second reading and public hearing was held on Septem-
ber 26, 1989; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 5, 1989; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real estate
containing .493 acre, as described herein, and located northwest of the
intersection of Peters Creek Road and Valleypointe Parkway in the
Hollins Magisterial District, is hereby changed from the zoning clas-
sification of A1, Agricultural District, to the zoning classification
of M1, Light Industrial District.
2. That this action is taken upon the application of Lingerfelt
Development Corporation.
3. That the applicant has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
(1) The property will not include permitted uses for:
(a) Automobile painting, upholstering, repairing,
rebuilding, reconditioning, body and fender work,
truck repairing or overhauling, unless incidental
to the user's principal business.
(b) Manufacture of pottery and figurines or other
similar ceramic products.
(c) Veterinary hospital and commercial kennels with
exterior runs and yards.
(d) Outside flea markets, unless a special exception has
been granted by the Board of Supervisors.
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September 26, 1989
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(2) That the property will be developed so as to util ize-·
landscaping and preserve existing vegetation where possible. No more
than seventy-five (75%) percent of each building site will be developed
for building and parking uses.
(3) Outdoor advertising signs (billboards) will be prohibit-
ed.
(4) That there will be no outdoor storage except under the
following conditions:
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(a) That it not be higher than the elevation of the
building.
(b) That it not comprise an area greater than fifty
(50%) percent of the floor area of the building.
(c) That it be screened from view with landscapins
and/or other approved screening materials ir
accordance with the provisions of the Roanoke County-
Ordinance.
(5) That all utilities will be underground.
(6) That there will be no on-street parking.
(7) That the petitioner will review the drainage situation
for Valleypointe and implement a design for drainage facilities to
either retain or detain the two (2) year storm (as has been required by
Roanoke County) and to consider retention or detention for a ten (10)
year storm.
4. That said real estate is more fully described as follows:
BEGINNING at a point of intersection with Val-
leypointe Parkway; thence N.51° 43' 02" W. 569.20
feet; thence S. 60° 13' 15" E. 404.79 feet; thence
S. 54° 30' 37" E. 100.50 feet; thence S. 25° 40' 22"
E. 71.14 feet; thence to the point of beginning S.
30° 31' 47" W. 33.83 feet; said parcel totaling
0.493 acres and being further described as "Area 2"
September 26, 1989
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on a plat entitled "Valleypointe Exhibit," prepared
by Buford T. Lumsden and Assoc., dated January 16,
1989.
5. That a special exception for this use is hereby granted subject
to the conditions set forth herein.
6. That the effective date of this ordinance shall be September 27,
1989.
On motion of Supervisor Nickens, seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES: Supervisor Robers, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor McGraw
989-3
Peti tion of Eaqle Equipment Company to conditionally
rezone a .409 acre tract from B-2 to B-3 Business, with
Special Exception Permit to operate a construction
equipment sales and rental business, located at 5449
Franklin Road in the Cave sprinq Haqisterial District.
0-92689-7
Mr. Harrington presented the staff report. The significant
impact factors concerned street capacities.
The 1987-99 accident
figures show 30 accidents in the area of 220 between the intersections
of Routes 675 and 657.
There were six proffers and the Planning
Commission recommended unanimous approval with proffered conditions.
There were no citizens requesting to speak.
ORDINANCE 92689-7 TO CHANGE THE ZONING CLASSIFICA-
TION OF A .409 ACRE TRACT OF REAL ESTATE LOCATED AT
5449 FRANKLIN ROAD (TAX MAP NO. 98.02-2-9) IN THE
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September 26, 1989
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CAVE SPRING MAGISTBRIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B2 TO THE ZONING CLASSIFICATION
OF B3 WITH CONDITIONS AND SPECIAL BXCEPTION UPON THE
APPLICATION OF EAGLB BQUIPMENT COMPANY
WHEREAS, the first reading of this ordinance was held on September
12, 1989, and the second reading and public hearing was held on Septem-
ber 26, 1989; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on september 5, 1989; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of supervisors of Roanoke County,
Virginia, as follows:
1. That the zóning classification of a certain tract of real estate
containing .409 acre, as described herein, and located at 5449 Franklin
Road, Roanoke, Virginia, (Tax Map Number 98.02-2-9) in the Cave Spring
Magisterial District, is hereby changed from the zoning classification
of B-2, General Commercial District, to the zoning classification of
B-3, Special Commercial District.
2. That this action is taken upon the application of Eagle Equip-
ment Company.
3. That the applicant has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
(1) The existing vegetation will be retained.
(2) Petitioner will abide by the County screening and
buffering regulations, section 21-92.D.C.7 and 21-92.D.b.3. However,
petitioner requests that the requirement that one small evergreen shrub
September 26, 1989
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be planted each five (5) feet and one evergreen tree be planted each
thirty (30) feet be waived since the existing site in front of the
building is paved and has a concrete slab.
(3) Petitioner will limit signage to one freestanding sign.
(4) Petitioner will limit the use of the premises to the
sale, rental, servicing of construction equipment. The gross weight of
said equipment shall not exceed 4,800 pounds.
(5) All equipment used on the premises will be loaded and
unloaded behind the front line of the main building.
(6) All equipment will be kept inside or stored in the fenced
area behind the building.
(7) All service and repairs to equipment will be done inside
an enclosed building. No body work will be done in site.
4. That said real estate is more fully described as follows:
BEGINNING at an iron pin in the west line of Route
220 at the northeast corner of the property of John
M. Davis; thence with the west line of Route 220 and
a curve to the left whose arc distance is 88.01 feet
and radius is 1,352.39 feet and chord bearing is N.
41° 20' 41" W. 87.99 feet to an iron pin, the true
point of beginning; thence leaving Route 220 and
with the division line between Tracts "A" and "B"
S. 44° 16' 49" W. 161.89 feet crossing a branch to
a point in the east line of the property of Inez
Simmons; thence with the said line N. 25° 23' W.
136.27 feet to a point at the division line between
Tracts "B" and "C"; thence with said line N. 44° 16'
49" E. 115.83 feet to an iron pin in the west line
of Route 220; thence with said line S. 45° 43' 11"
E. 68.53 feet to a point of a curve to the right
whose arc distance is 59.26 feet and radius is
1,352.39 feet and chord bearing is S. 44° 27' 52" E.
59.25 feet to the true point of beginning, and
containing 0.409 acre and known as Tract liB" as
shown on a survey of the division of property of
Donald F. Taylor, by Jack G. Bess, C.L.S. dated June
21, 1985, a copy of which is attached.
172
September 26, 1989
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5. That a special exception for this use is hereby granted subject
to the conditions set forth herein.
6. That the effective date of this ordinance shall be September 27,
1989.
On motion of Supervisor Robers, seconded by Supervisor Nickens, and
carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
989-4 Petition of Merrill Construction requesting vacation of
a stormwater management easement and access easement,
recorded in Plat Book 10, Page 17, section 9, Montclair
Estates Subdivision, and located in the Catawba--
Magisterial District.
0-92689-8
Director of Development & Inspections Arnold Covey presented
the staff report. He reported that Merrill Construction, the developer
of section 8, Montclair Estates, as required by Roanoke County
Ordinance, has developed a storm water detention basin.
This storm
drain system relieves the developer from any further need of the
stormwater management easement, access easement and Maintenance
Agreement.
Mr. Covey advised that Merrill Construction has requested that
the Board vacate the described easement. He stated that the Engineering
and utility Departments have no objections to the vacation except that
a 15 foot drainage easement, Section 8, Montclair Estates, be retained
September 26, 1989
173
,
and tne rema1n1.ng property of Parcel A would be added and combined with
=
the adjacent lots of Section 8, Montclair Estates.
Following discussion of the effects on drainage in the area
with Mr. Covey and George Simpson, County Engineer, one citizen
requested to speak.
1. Mrs. Sue Monroe. 2710 Embassy Drive, representing citizens
from the Montclair Estates Subdivision, spoke concerning their concerns
about drainage problems.
Supervisor McGraw moved to approve the ordinance. The motion
was seconded by Supervisor Robers, and carried by the following recorded
vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 92689-8 VACATING A STORHWATER MANAGEMENT EASEMENT
AND ACCESS EASEMENT IN SECTION 8 OF THE MONTCLAIR ESTATES
SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Merrill Construction Company has requested the Board of
Supervisors of Roanoke County, Virginia to vacate stormwater management
easement and access easement in section 8 of the Montclair Estates
Subdivision in the Catawba Magisterial District; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
17..
September 26, 1989
=
ordinance was held on September 12, 1989; and the second reading of
this ordinance was held on September 26, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a stormwater management easement and access easement of
record in Plat Book 10 at page 17 in the Clerk's Office of the Circuit
of Roanoke County, Virginia, in section 8, Montclair Estates Subdivision
in the Catawba Magisterial District, be, and hereby is, vacated pursuant
to section 15.1-482(b) of the 1950 Code of Virginia, as amended; and,
2. That as conditions to the adoption of this ordinance (a) a
fifteen (15) foot drainage easement through Parcel A as shown on section
8, Montclair Estates, be retained; and (b) in order to eliminate any
nonconforming parcel, the remaining property of Parcel A be added and
combined with the adjacent lots of section 8, Montclair Estates.
3. That this ordinance shall be in full force and effect thirty
(30) days after its final passage. All ordinances or parts of ordin-
ances in conflict with the provisions of this ordinance be, and the same
hereby are, repealed.
4. That Merrill Construction Company shall record a certified copy
of this ordinance with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction.
On motion of supervisor McGraw, seconded by supervisor Robers, and
carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: supervisor Johnson
September 26, 1989
175
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989-5
Peti tion of F. P. II. Development Corporation requesting
vacation of a portion of a slope easement, varying in
width from 30 to 50 feet, as shown on Lot 9, Block 2,
Section 2, Fairway Forest Estates, recorded in Plat Book
10, Page 122, Windsor Hills Magisterial District.
0-92689-9
There was no discussion of this petition.
Supervisor Garrett moved to approve the petition. The motion
was seconded by Supervisor Robers and carried by the following recorded
vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 92689-9 VACATE A PORTION OF A SLOPE EASEMENT VARYING
IN WIDTH FROM THIRTY (30) TO FIFTY (50) FEET AS SHOWN ON LOT
9, BLOCK 2, SECTION 2, FAIRWAY FOREST ESTATES
WHEREAS, F.F.E. Development Corporation has requested the Board
of Supervisors of Roanoke County, Virginia to vacate a slope easement
varying in width from thirty (30) to fifty (50) feet as shown on Lot 9,
Block 2, Section 2, Fairway Forest Estates in the Windsor Hills
Magisterial District of record in Plat Book 10, page 122 in the Clerk's
Office of the Roanoke County circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
.176
September 26, 1989
-
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on september 12, 1989; and the second reading of
~
this ordinance was held on September 26, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a slope easement varying in width from thirty (30) to
fifty (50) feet as shown on Lot 9, Block 2, section 2, Fairway Forest
Estates in the Windsor Hills Magisterial District of record in Plat Book
10, page 122 in the Clerk's Office of the Roanoke County Circuit Court
be, and hereby is, vacated pursuant to section 15.1-482(b) of the 1950
Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and the
same hereby are, repealed.
4. That F.F.E. Development Corporation shall record a certified
copy of this ordinance with the Clerk of the Circuit Court and shall pay
all fees required to accomplish this transaction.
On motion of Supervisor Garrett, seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES:
supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
989-6 Petition of ogden Professional Park requesting vacation
of a 10 foot waterline easement located on Tax Map
September 26, 1989
177
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0-92689-10
Reference No. 77.11-01-58 and recorded in Deed Book 890,
Page 80, located in the Cave Spring Magisterial District.
There was no discussion of this petition.
Supervisor Robers moved to approve the petition. The motion
was seconded by Supervisor Nickens, and carried by the following
recorded vote:
AYES: Supervisors Robers, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor McGraw
ORDINANCE 92689-10 VACATING A 10-FOOT WATERLINE EASEMENT
LOCATED ON REAL ESTATE IDENTIFIED AS TAX MAP NO. 77.11-01-58
AND LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Ogden Professional Park, a general partnership, has
requested
the Board of Supervisors of Roanoke County, Virginia to
vacate a 10-foot waterline easement located on real estate identified
as Tax Map No. 77.11-01-58 and located in the Cave Spring Magisterial
District and recorded in Deed Book 890, page 80 in the Clerk's Office
of the Roanoke County Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on September 12, 1989; and the second reading of
this ordinance was held on September 26, 1989.
17 8 ~
September 26, 1989
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BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 10-foot waterline easement located on real estate
identified as Tax Map No. 77.11-01-58 and located in the Cave Spring
Magisterial District and recorded in Deed Book 890, page 80 in the
Clerk's Office of the Roanoke County Circuit Court, be, and hereby is,
vacated pursuant to section 15.1-482(b) of the 1950 Code of Virginia,
as amended; and,
2. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and the
same hereby are, repealed.
4. That Ogden Professional Park shall record a certified copy of
this ordinance with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction.
On motion of Supervisor Robers, seconded by Supervisor Nickens, and
carried by the following recorded vote:
AYES: Supervisor Robers, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor McGraw
989-7
Petition of Carole P. smith requesting vacation of a 12
foot P.U.E. easement located on Lot 1, Block 2, section
1, Castle Rock West Subdivision, recorded in Plat Book
8, Page 63, located in the Windsor Hills Magisterial
District.
0-92689-11
September 26, 1989
17 9
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There was no discussion of this petition.
Supervisor Garrett moved to approve the petition. The motion
was seconded by Supervisor Nickens, and carried by the following
recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 92689-11 VACATING A 12-FOOT PUBLIC UTILITY EASEMENT
LOCATED ON LOT 1, BLOCK 2, SECTION 1, CASTLE ROCK WEST
SUBDIVISION
WHEREAS, Carole P. Smith has requested the Board of Supervisors
of Roanoke County, Virginia to vacate a 12-foot public utility easement
located on Lot 1, Block 2, Section 1, Castle Rock West Subdivision in
the Windsor Hills Magisterial District as shown in Plat Book 8, at page
63 of record in the Clerk's Office of the Roanoke County Circuit Court;
and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on September 12, 1989; and the second reading of
this ordinance was held on September 26, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
18 0
September 26, 1989
!
'~
1. That a 12-foot public utility easement located on Lot 1, Block
2, section 1, Castle Rock West Subdivision in the Windsor Hills
Magisterial District of record in Plat Book 8, at page 63, in the Office
of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and
hereby is, vacated pursuant to section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and the
same hereby are, repealed.
4. That Carole P. smith shall record a certified copy of this
ordinance with the Clerk of the Circuit Court and shall pay all fees
required to accomplish this transaction.
On motion of Supervisor Garrett, seconded by supervisor Nickens,
and carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
FIRST READING OF ORDINANCES
h Ordinance authorizinq the sale of 10 acres in the Glenvar
West section of Roanoke County.
Mr. Gubala presented the staff report.
Supervisor McGraw reminded the Board of their previous
commitment to the community in the Glenvar area to designate the funds
September 26, 1989
18 1
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from the sale of this property to the development of Green Hill Park.
The community will lose a baseball field and a soccer field, plus
several other amenities in the park area north of the creek. Those
areas would have to be replaced at the Green Hill Park as well as
improvements made to Green Hill Park to match existing facilities along
11/460 now. Supervisor McGraw stated that his understanding was that
the County Charter requires the purchase money must be allocated into
the capital account and then can be transferred back to another account,
such as the Green Hill Park.
Supervisor Nickens advised that while he recognizes the commitment
to the Glenvar area, his position is that the Board should not go beyond
replacing comparable quantity and number facilities to the ones being
sold at Shamrock Field.
Following a discussion of the facilities and replacement costs
at Shamrock Field and the Green Hill Park, Supervisor Nickens moved to
approve the first reading of the ordinance and set the second reading
for October 10, 1989. The motion was seconded by Supervisor Garrett,
and carried by the following recorded vote:
AYES: Supervisors Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amending Section 12.34 of the Roanoke County
Code to prevent payment of fines assessed under this
section without proof of purchase of a County license
182
September 26, 1989
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decal.
0-92689-12
Mr. Mahoney presented the staff report. The adoption of this
amendment will aid in the enforcement of the County Code because some
violators are paying their fine and not securing the required local
license or decal. There was no discussion.
Supervisor
Nickens moved to approve the ordinance.
The
motion was seconded by Supervisor Robers, and carried by the following
recorded vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
ORDINANCE 92689-12 AMENDING SECTION 12-34 OF THE
ROANOKE COUNTY CODE TO PREVENT PAYMENT OF FINES
ASSESSED UNDER THIS SECTION WITHOUT PROOF OF PUR-
CHASE OF A COUNTY LICENSE DECAL
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That section 12-34 of the Roanoke County Code entitled
"Display of decal generally" be amended and reenacted to read and
provide as follows:
Sec. 12-34.
Display of decal generally.
a) A license decal issued under this article shall be attached
to and displayed on the windshield of the vehicle for which issued in
such manner as to be clearly visible.
b) It shall be unlawful for any person to operate a motor
vehicle, trailer, or semi-trailer required to be licensed under this
September 26, 1989
18 J
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, article on any street, highway, road, or other traveled way in the
County, unless a current license decal is displayed thereon as required
by this section. The fact that the current license tax has been paid
on such vehicle shall not bar prosecution for a violation of this
section. A violation of this section shall be punished by a fine of not
exceeding twenty dollars ($20). Anv violation òf this section may not
be discharaed by payment of such fine except uPon presentation of
satisfactorv evidence that the license herein required has been ob-
tained.
2. The effective date of this ordinance shall be October 1, 1989.
On motion of Supervisor Nickens, seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
2 · Ordinance amending and readopting Chapter 12, Motor
Vehicles and Traffic, Section 12-8, of the Roanoke County
Code, adopting provision of Title 46.2 and 18.2 of the
Code of Virginia.
0-92689-13
Mr. Mahoney advised that the purpose of this amendment is to
take affirmative action by the Board after the General Assembly
recodified this title to bring these changes in the law into effect in
the County. There was no discussion.
Supervisor McGraw moved to approve the petition. The motion
was seconded by Supervisor Robers, and carried by the following recorded
vote:
AYES:
Supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
184
september 26, 1989
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ORDINANCE 92689-13 UBNDING ORDINANCE 62789-5 SECTION 12-8 OF
ARTICLE I 01' CHAPTER 12 01' TJIB ROANOD COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That section 12-8, Adoption of state law, Article I, In
General, of Chapter 12, Motor Vehicles and Traffic, be amended and
readopted to read and provide as follows:
Sec. 12-8.
Adoption of state law.
Pursuant to the authority of section 46.2-1313 of the Code of
Virginia, all of the provisions and requirements of the laws of the
state contained in Title 46.2 and in Article 2 (Section 18.2-226 et
seq.) of· Chapter 7 of Title 18.2 of the Code of Virginia, except those
provisions and requirements which, by their very nature, can have no
application to or within the County, are hereby adopted and incorporated
in this chapter by reference and made applicable within the County.
References to "highways of the state" contained in such provisions and
requirements hereby adopted shall be deemed to refer to the streets,
highways, and other public ways within the County. Such provision and
requirements, as amended from time to time, are hereby adopted and made
a part of this chapter as fully as though set forth at length herein,
and it shall be unlawful for any person within the County to violate or
fail, neglect or refuse to comply with any such provision or require-
ment; provided, that in no event shall the penalty imposed for the
violation of any provision or requirement hereby adopted exceed the
penal ty imposed for a similar offense under the state law hereby
September 26, 1989
185
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adopted.
The phrase "all of the provisions and requirements of the laws of
the state" as used herebY shall be construed to include all amendments
to said laws made effective as of the date that this ordinance is itself
effective.
2. The effective date of this ordinance shall be October 1, 1989.
On motion of Supervisor McGraw, seconded by Supervisor Robers, and
carried by the following recorded vote:
AYES:
Supervisor Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
Supervisor Johnson
3. Ordinance amending the Roanoke County Code, Section 4-
90, 4-97, 4-100, and 4-102 and repealing Section 4-101,
of Article V, Bingo Games and Raffles of Chapter 4,
Amusements.
0-92689-14
Mr. Mahoney presented the staff report. Recent changes in the
Code of Virginia provide a way that the Board can delegate the authority
to approve Bingo and Raffle Permits to some officer or official. Mr.
Mahoney inquired if the Board desired a revision of the ordinance to
designate the Commissioner of Revenue to approve the raffle and bingo
permits and the only time the Board would address such permits would be
where the permit is denied, and the Board would sit as an appeal.
Supervisor Nickens stated that since the permits are currently
listed on the Consent Agenda and he sees no reason to change, he moved
1 8 6 --
September 26, 1989
to approve the second reading of the ordinance as it stands. The motion
was seconded by Supervisor McGraw, and carried by the following recorded
-
vote:
AYES:
supervisors Robers, McGraw, Nickens, Garrett
NAYS:
None
ABSENT:
supervisor Johnson
ORDINANCE 92689-14 AMENDING SECTIONS 4-90, 4-97, 4-
100, AND 4-102 AND REPEALING SECTION 4-101 OF
ARTICLE V, BINGO GAMES AND RAFFLES OF CHAPTER 4,
AMUSEMENTS
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 4 , Amusements, Article V. Binqo qames and
raffles, of the Roanoke County Code be amended to read and provide as__
follows:
Sec. 4-90.
Participation in management, operation, or conduct
generally.
No person, except a bona fide member of an organization holding a
permit under this article, who has shall have been a member of such
organization for at least ninety (90) days prior to such participation,
shall participate in the management, operation, or conduct of any bingo
games or raffle ðftà. Except as provided herein no person shall receive
any remuneration for participating in the management, operation or
conduct of any such game or raffle. Persons eiqhteen (18) years of age
and under who sell raffle tickets to raise funds for youth activities
in which they participate mav receive non-monetarv incentive awards or
prizes from the organization provided that orqanization is non-profit.
providcd howcver, that ~he spouse of any such bona fide member or a
firefighter or rescue squad member employed by the County may par-
ticipate in the organization and conduct of a bingo game or raffle, if
a bona fide member is present.
Sec. 4-97.
certificate to accompany financial report.
The financial report required by section 4-96 shall be accompanied
by a certificate, verified under oath, by the board of directors of the--
September 26, 1989
187
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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 oraanizationhavina annual aross receipts from binao aames or
raffles in excess of $200.000 as shown on its annual financial report.
shall attach to such report an opinion executed bv a licensed certified
public accountant that (i) the statement of receipts and disbursements
is true and correct: (ii) the proceeds of any bingo aames or raffles
have been used for those lawful. religious. charitable. community or
educational purposes for which the oraanization is specificallY charter-
ed or oraanized: and (iii) the aross receipts have been used in all
respects in accordance with the provisions of this article.
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 will entitle such or-
ganization 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 sponsorina oraanization shall accept onlY cash in payment of
any charaes or assessments for players to participate in bingo aames.
(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 nor shall thc provisions of this subsection apply to any
building or prcmises owncd BY an or~anization, as dcfined in scction 4
86, which is qualificd as a tax cxcmpt organization pursuant to scction
SOlC of thc United ctates Intcrnal Revenue Codc. No buildina or other
premises owned by an oraanization as defined in section 4-86 which is
aualified as a tax exempt oraanization pursuant to section 501C of the
United states Internal Revenue Code shall be utilized in whole or in
part for the purpose of conducting binao aames more freauentlY than four
(4) calendar days in anyone calendar year. One building or premises
owned by the county shall also be exempt from the provisions of this
subsection.
Cee. 4 101.
Rcstrictions on signs advertising bingo gamcs.
No organization shall place or causc to BC placcd any sign or signs
advertising any bingo gamcs within onc hundrcd (100) yards of the
18 8
September 26, 1989
ex~crier ef thc premlscs wherc such bift~e ~amc is te be played.
,
Sec. 4-102.
Regulations for instant bingo.
(a) Any organization qualified to conduct bingo games pursuant to
this article is authorized to play instant bingo as a part of such bingo
games and pre7iàeà, hewc7er, that instant bin~e may be conducted only
at such timcs as a rc~lar bin~e ~amc is in pro~ress and only at such
location and such times as are specified in the bingo permit for reaular
binqo qames as defined in section 4-86.
(b) The gross receipts in the course of a reporting year for the
playing of instant bingo shall not exceed thirty-three and one-third (33
1/3) percent of the gross receipts of an organization's bingo operation.
(c) Any organization playing instant bingo shall maintain a record
of the date, quantity and card value of instant bingo supplies pur-
chased, as well as the name and address of the supplier of such instant
bingo supplies. The organization shall also maintain a written invoice
or receipt from a nonmember of the organization verifying any informa-
tion required by this subsection.
(d) No organization shall sell an instant bingo card to any
individual less than sixteen (16) years of age.
2. That this ordinance shall be in full force and effect from and
after September 27, 1989.
On motion of Supervisor Nickens, seconded by Supervisor McGraw, and
carried by the following recorded vote:
AYES: Supervisor Robers, McGraw, Nickens, Garrett
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Ernest c. Hedrick. Buck Mountain Road. asked for the
results of the drainage study which was to be done on Buck Mountain Road
and Starkey Road.
September 26, 1989
18 9
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2.
Johniece BlankenshiD. 6924 Buck Crossina Road. wanted to
know what has been done about drainage on Buck Mountain Road.
Mr. Hodge was directed to follow up on these concerns with the
citizens.
IN RE:
ADJOURNMEN'l'
At 8:25 p.m., Supervisor Nickens moved to adjourn. The motion
was seconded by Supervisor Garrett and carried by a unanimous voice
vote.
r.
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f~d~
Le Garrett, Chairman