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HomeMy WebLinkAbout3/25/2008 - Adopted Board RecordsATA REGULAR MEETING OF THE BGARD GF SUPERVISGRS 4F RGANGKE CGLINTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINIS'rRA-~IGN CENTER GN ~fUESDAY, MARCH 25, 2008 RESOLU'~ION X32508-1 SETTING THE ALLOCA'~ION PERCENTAGE FGR PERSONAL PROPERTY TAX RELIEF IN RGANGKE COUNTY FOR THE X008 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA"} of Chapter 951 of the 2005 Acts of Assembly and qualifying vehicle with a taxable situs within the County commencing January 1, 2008, shall receive personal property tax relief; and WHEREAS, this Resolution is adopted pursuant to Grdinance 122005-10 adopted by the Board of Supervisors on December 20, 2005. NGW ~fHEREFORE, BE IT RESGLVED, BY THE BOARD GF SUPERVISaRS GF RGANGKE CGUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 53.47% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 63.47% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of "qualifying~~ for example, including but not limited to, business use vehicles, farm use vehicles, orator homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the Commonwealth of Virginia. 6. S~~pplemental assessments for tax years 2405 and prior shall be deemed non-qualifying ~ for purposes of state tax relief and the local share due 'from the taxpayer shall represent 100°/0 of the assessed personal property tax. 1. That this Resolution shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: G Brenda J. Holt n, CMC Deputy Clerk to the Board c: Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Qfficer Paul Mahoney, County Attorney Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 2 ATA REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE COUNTY, VIRGINIA, HELD AT THE RDAN~KE COUNTY ADMINIS~~RATIDN CENTER GN TUESDAY, MARCH 25, 2008 ORDINANCE 032508-2 AMENDING ORDINANCE 012205-2 AUTHORIZING CONVEYANCE OF THREE PARCELS OF REAL ESTATE TO THE COMMONWEALTH OF VIRGINIA IN CONNECTION WITH ROAD WIDENING IMPROVEMENTS T4 ROUTE 111460, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Commonwealth of Virginia Department of Transportation has undertaken the widening of a section of Route 111460 in Roanoke County located in the Catawba Magisterial District; and WHEREAS, the widening of Route 111460 requires the acquisition of parcels of real estate from the adjacent property owners to provide adequate width for the road project; and WHEREAS, the Board adopted Grdinance 0122082 on January 22, 2008, to authorize the conveyance of these parcels to the Commonwealth of Virginia; and WHEREAS, it is necessary to amend this action by reducing the compensation paid for one of the parcels due to a reduction in the land necessary for the relocation of utility easements; and VIIHEREAS, pursuant to the provisions of Section 18.D4 of the Charter of Roanoke County, a first reading of this ordinance was held on March 11, 2005; and a second reading was held an March 25, 2008. NGW, THEREFGRE, BE IT GRDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject parcels are hereby declared surplus and are being made available for other public uses by conveyance to the Commonwealth of Virginia for the road widening project involving Route 111460; and 2. That conveyance of the following properties for the following considerations to the Commonwealth of Virginia is hereby authorized and approved: 0.195 acre 55.13-1-2 $45,300 0.481 acre 55.13-1-2.2 $74,509 0.08 acre 55.02-1-39.1 $9,600 3. The Board allocates and appropriates $74,509 to the Glenvar Library renovation project, $45,300 to the Department of General Services for repairs and renovations (update kitchen and bay heat) to Fort Lewis Fire Station, and $9,600 to the Roanoke County School Board. 4. That the County Administrator or any assistant co~inty administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this conveyance of property, all of which shall be upon farm approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption at second reading. Gn motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~ Brenda J. Hol on, CMC Deputy Clerk to the Board c: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development Teresa Becher, Transportation Engineering Manager Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning ~lllilliam Driver, Director, Real Estate Valuation Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Richard Burch, Chief, Fire and Rescue Diana Rosapepe, Director, Libraries I hereby certify that the foregoing is a true and correct copy of Ordinance 032508-2 adopted by the Roanoke County Board of S~~pervisors by a unanimous recorded vote on Tuesday, March 25, 2008. Mary V. Brandt, CPS Assistant Deputy Clerk to the Board ATA REGULAR MEETING OF THE BOARD GF SUPERVISGRS OF RGANGKE COUNTY, VIRGINIA, HELD AT THE R~AN4KE CnUNTY ADMINIS"fRATI~N CENTER GN TUESDAY, MARCH 25, 20D8 RESGLUTIGN 032508-3 APPRGVING AND CGNCURRING IN CERTAIN ITEMS SET FGRTH GN 'SHE BGARD GF SUPERVISGRS AGENDA FGR THIS DATE DESIGNATED AS ITEM J - CGNSENTAGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke Caunty, Virginia, as follows: That the certain section of the agenda of the Board of Sr~~pervisors for March 25, Zoos, designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes -March 11, 2D08 2. Resolutions of appreciation to the following individuals ~~pon their retirements: ~a} Gail A. Campbell, Police Department, after fifteen years of service; and fib} Frederick Murray, General Services Department, after ten years of service 3. Request from the Police Department to accept and appropriate a grant in the amount of $4,965 from the Department of Criminal Justice Services 4. Confirmation of committee appointments That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation foranysuch item pursuant to this resolution. Gn motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTS: Brenda J. Hol n, CMC Deputy Clerk to the Board c: Ray Lavinder, Chief of Police Lt. Steve Turner, Grant Coordinator Rebecca Owens, Director, Finance 2 ATA REGULAR MEETING OF THE BGARD OF SUPERVISGRS GF RGAN4KE CGUNTY, VIRGINIA, HELD AT ~fHE RGANGKE CGUNTY ADMINISTRATIaN CENTER UN TUESDAY, MARCH 25, 2008 RESOLUTION 432508-3.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GAIL A. CAMPBELL, POLICE DEPARTMENT, UPON HERS RETIREMENTAFTER FIFTEEN YEARS OF SERVICE WHEREAS, Gail A. Campbell was employed by Roanoke County on February 8, 1993, in the Police Department; and WHEREAS, Ms. Campbell retired on March 1, 2008, as a records clerk after fifteen years and one month of service to Roanoke County; and WHEREAS, Ms. Campbell provided reliability and professionalismtothecitizensof Roanoke County in the performance of her duties; and WHEREAS, Ms. Campbell's dedication to her responsibilities and duties was an asset for Roanoke County; and WHEREAS, Ms. Campbell, through her ernployment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke Caunty. NGW, "fHEREF4RE, BE IT RESGLVEDthatthe Board of S~~pervisors of Roanoke Countyexpresses its deepest appreciation and the appreciation of the citizens of Roanoke Caunty to GAIL A. CAMPBELL for more than fifteen years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Qn motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Ch~irch, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~~z ~. ~~ Brenda J. Holton, CMC Deputy Clerk to the Board ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTYADMINISTRATION CEN"rER ON TUESDAY, MARCH 25, 2x08 RESOLUTIGN 03~508~3.b EXPRESSING THE APPRECIATION GF THE BC7ARD GF SUPERVISORS OF RQANGKE CQUNTY TO FREDERICK HURRAY, GENERAL SERVICES DEPARTMENT, LIP~N HIS RE'rIREHENT AFTER TEN YEARS OF SERVICE WHEREAS, Frederick Murray was employed by Roanoke County on August 18, 1991, in the General Services Department; and WHEREAS, Mr. Murray retired on March 1, 2ooS, as an equipment tecl~~nician after ten years and seven months of service to Roanoke County; and WHEREAS, Mr. Murray was a superior machinist and built many custom parts which solved problems and resulted in the savings of thousands of dollars for the County; and WHEREAS, Mr. Hurray's versatility and skills allowed him to work on a variety of equipment; and WHEREAS, Mr. Hurray's positive attitude was contagious, and he was a valued member of the General Services team; and WHEREAS, Mr. Murray, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. NQW, "THEREFORE, BE 1T RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to FREDERICK HURRAY for more than ten years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ~n motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A C~PYTESTE: r Brenda J. Ho on, CMC Deputy Clerk to the Board 2 ACTIQN NG. A-o325o8-3.c ITEM N4. J-3 AT A REGULAR MEETING GF THE BGARD aF SUPERVISGRS OF R4ANGKE CGUNTY, VIRGINIA HELD AT THE RnANGKE CGLINTY ADMINIS"fRATIGN CENTER MEETING DATE: March 25, 2008 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant in the amount of $4,965 from the Department of Criminal Justice Services SUBMITTED BY: James R. Lavinder Chief of Police APPRaVED BY: Daniel R. O'Donnell Assistant County Administrator CDUNTYADMINISTRAT4R'S CGMMENTS: SUMMARY GF INFGRMATIDN: "rhe funds are made available from the Law Enforcement Terrorism Prevention Program - Phase Il and will be used to purchase approved personal protective equipment. This will be for Fiscal year 2008 with the award period ending May 31, 2008. There is no cost to Roanoke County. FISCAL IMPACT: None. ALTERNATIVES: None. STAFF RECGMMENDATIGN: Staff recommends acceptance of this Department of Criminal Justice Services grant in the amount of $4,965. voTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: James R. Lavinder, Chief of Police Lt. Steve Turner, Grant Coordinator Rebecca ovens, Director, Finance ACTION NO. A-032508-3.d ITEM NO. J-4 AT A REGI.ILAR MEETING GF THE BGARD GF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COLINTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM; SUBMITTED BY: APPROVED BY: COUNTY ADMINI March 25, 2008 Confirmation of committee appointments Vllanda G. Riley, CPS Clerk to the Board Elmer C. Hodge County Administrator ~STRATOR'S COMMENTS: SUMMARY OF INFORMA'~ION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Richard E. Evans will expire on April 13, 2008. It was the consensus of the Board to add the confirmation of Mr. Evans' reappointment tothe ConsentAgenda. 2. Roanoke Valley Greenway Commission The three-year term of Donald Witt will expire on April 8, 2008. It was the consensus of the Board to add the confirmation of Mr. Witt's reappointment to the Consent Agenda. VOTE: Supervisor Altizer motion to approve confirmation of appointments Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ cc: Building Code Board of Adjustments and Appeals Fire Code Board of Appeals} Roanoke Valley Greenway Commission 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT"fHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2008 RESOLUI`I~N a325~8-4 CER'f IFYING THE CLQSED MEETING WAS HELD IN CaNFaRMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors o~f Roanoke County, Virginia has convened a closed 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 2.2-3712 of the Code of Virginia regi~iires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Onlysuch publicbusiness mattersaswere identified inthemotionconveningthe closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resalution, and carried by the fallowing recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~°'v2~ Brenda J. Holton, CMC Deputy Clerk to the Board AT A REGULAR MEETING GF "fHE BGARD GF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 20D8 RESOLUTION 032508-5 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN ROANOKE COUNTY AND THE CITY OF SALEM RELOCATING PORTIONS OF 'SHE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING T4 SUCH BOUNDARY LINE ADJUSTMENT BE TAKEN AS PROVIDED BY LA1N WHEREAS, pursuant to the provisions of Article 2, Chapter 31, Title 15.2 of the 1950 Code of Virginia, as amended, the governing bodies of Roanoke County and the City of Salem wish to petition the Circuit Court for approval to relocate portions of the boundary line between the two jurisdictions; and WHEREAS, the relocation the boundary line of such governmental entities in the areas proposed will perrnit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, Roanoke County and the City of Salem have agreed to the boundary relocation by action of their respective governing bodies THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virgir~ia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between Roanoke County and the City of Salem, on a form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions, as mare particularly shown on a preliminary plat prepared by "fhompson & Litton, dated 16 January 2008, which is incorporated by reference herein (Exhibit A). 2. The boundary line set forth in said agreement is described as set out in the Notice of Public Hearing (Exhibit B) which was published as required by §15.2-3107 of the 195o Code of Virginia, as amended. 3. Upon approval of the execution of the agreement between the governing bodies, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 4. Upon entry of an order by the Circuit Court establishing the new boundary line, certified copy of such order will be forwarded to the Secretary of the Commonwealth. 5. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary fine as set forth herein. 6. "fhe Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the Clerk to the City Council of the City of Salem, Virginia. ~n motion of Supervisor Ghurch to adopt the resolution, and carried by the following retarded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: 0~~~ 4- ~~..- Brend Ja Holton, CMC Deputy Clerk to the Board 2 c: Joseph ~benshain, Senior Assistant County Attorney Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Billy Driver, Director, Real Estate Valuation Kevin Boggess, Manager, City of Salem Clerk of Council, City of Salem 3 ~~~ _~ .-._ ;403455583 ~ ~% i-:`1-[ln; ra:frriv,ra~LGr ~J i c.~iu .,~ wu,.., E~Hl~il'1' L~l 5a 25 0 5~ 140 150 - NSF SCALE IN FEET Church Of Jesus Dhrist ,~ Of latter Day Saints c ~ Tax i~ap 46.07-01--D 1.40--D400 o ~~ o~ ~ , D.'8. 891, Pg. 347 Existing ~~ Tax Parcel 46.07-01.00-02.00-0000 Jerry Barnes do Associates, Inc. Area=0.128 Acres (Roanoke County) - Instrument ~ 070001649 - R W (Hatched Area) Rod 34~ Fnrl ~' R~~~ ~nYe ~ W~ybum I Rod 117,fi1' ;Ro~i ~ ~ n Tota~~ Fnd ~ ~ Rod ~4 . , ~ fi~50 ~ ~ Fnd ~- _ ~~ ~~~~~~~~ ~ ~a~ T ~Arc~ ~ ,~ ~ f1 ~r~ . '~ ~ L N ~ ~ ,f,~~ ~~~ ,r~r~ .~ ~'r~ NQMI ~ ~, ~ ~ ~ Tic Pancd 312~1.f a ~ J;~' ~r;'%' Rod ~ ~ Found _ ~ . ~ X213.01 Proposed .~ aund ~ ~ ~Withm ~leavy Linesy ~, Tax Panel 3121 ~,f X100 ~' m .~ ~ ~ ~ ~ = .1 7 e~ ~ ~ ~ L ~ ~' Within ea lines ~ ROd ~ H vy } ~ p m ~~ Fnd 13 ~ ~ Rad ~ . x,42 105.95 ~ I ^ S 72 23 4fi '~ .,~~, ~ _ Fnd ,~~ Rod 245.31 ~To#a!~ Fnd. ~ r+ve a ~1~+71 ~ ~ 4~ payed a N F c. ' o,~ %~ ~ ~ ~' ~ ~ Bobby P. & Esther ~-I. Crosier ;~ o~,~ ~ hh ~ Tax I~ap 31 ~2}2 City 0# Salem ~ = ~ - ~~~- o Instrurr~ent ~ 070804476 + a, " `~ '~ P.B. i 2 P , 2 Sli de 199 + 00 ~~ -- .. ~ 9 i Rod ~--~ .. _ ~ Rod ~ _ ~. Fnd ~ ~',- ~. ~- - .. ~-.-.- - - .._...~. - - ~. ~ _ Fnd ~' Rod Find o° + o~ ~Cle Fnd ~urv~e Tabi~t Curvy [,en Radius Ta ent Chord 8earin Delty CI 37.79 80.00 19.25 37.44 N~1'31'58~E ZT03'44" C2 44.17 84.00 20.52 39,75 N49`2fi'7"E Z6`46' 14" a o ~ +~. N.+~ + o,. Rod ° Fnd C~ Q~ Salem Tax ~Paresls 31 ~Z}1 & 1.1; lnStrument ~ 47DC~01649; P.B. 12, Pg. 2 -- Slide 199 ~~ ~.~ ~r ~~~-5a Cor ora~ia~n ne ~~.~. CHF_ D~~ rwar~rsoH~ sir:oN _ mac, ~ Mar ~xh~k~lt ~~~. 9a7s~oo~ ~o oe ~:~~ EXHIBIT B NOTICE ~F PR~P~SE~ Ba~JNDARY LANE RELC~CATZUNS T~ wHdM ~T MAY CONCERN: Pursuant tv Sections ~ 5.~-31 ~~, et~cse , of the ~ 950 Cvde of Virguaia~ as amended, The boundary line adjustments are described as fvllaws: A parcel of real estate owned by ferry Barnes and Associates, Inc,, known as A copy of the proposed agreement between the City of Salem and the County of Stephen M. Yost Roanoke City Attorney Please publish vn: March ~4, X00$ March Z l , 208 BILE: Roy V, Creasy 13 S. Jefferson Street, Suite 915 Roanoke, VA. ~4~ 11 ~~40~ 34~,-~7~9 ext 3~$ FAQ. 345-583 Pail ~. Mahoney Roanoke County Attorney ACTION NO. A-032508-6 ITEM NO. R-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE"PING DATE: March 25, 2008 AGENDA ITEM: Request to adopt the updated Roanoke County Parks, Recreation & Tourism's "Community Use Manual for Sports Organizations and Community Users" SUBMITTED BY: APPROVED BY: Pete Haislip, Director of Parks, Recreation and Tourism Presented by, Mark Courtright, Assistant Director of Parks Daniel R. O'Donnell Assistant County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As our parks and recreation system continues to grow and develop, it has become necessary to periodically review and update the "Community Use Manual for Sports Organizations and Community Users" approximately every five years. The staff of the Parks, Recreation and Tourism Department has undertaken a review and update to the Community Use Mani.aal. We have provided an additional attachment of the outline of the major changes that appears in this update to the Community Use Manual as well as a copy of the Community Use Manual. This update incorporates new policy as it relates to general liability insurance requirements, background screening for coaches, participant age clarifications, school attendance requirements, out of season programs and the establishment of the Youth Athletic Suspension Appeals Committee. The Community Use Manual has been approved by the Parks, Recreation & Tourism Advisory Commission as well as the Presidents of the Recreation Clubs. FISCAL IMPACT: None ALTERNATIVES: Alternative 1: Approve the adoption of the "Community Use Manual for Sports Organizations and Community Users" as presented. Alternative 2: Do not approve the adoption of the "Cormunity Use Manual for Sports Organizations and Community Users" as presented. STAFF RECOMMENDATION: Staff recommends alternative 1, approve the adoption of the "Community Use Manual for Sports Organizations and Community Users" as presented. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ® ^ ^ Mr. Church ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ Mr. Flora ® ^ ^ c: Pete Haislip, Director, Parks, Recreation, & Tourism Mark Courtright, Assistant Director of Parks Marcus Ordonez, Assistant Director of Recreation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2008 ORDINANCE 032508-7 AMENDING AND REENACTING CHAPTER 15. PARKS AND RECREATION OF THE ROANOKE COUNTY CODE WHEREAS, Section 15.1-271, Code of Virginia, 1950, as amended, confers authority upon Roanoke County to establish and operate a system of public recreation and parks and to adopt and maintain rules of conduct and procedures for the effective operation and maintenance of its parks and recreational facilities and programs; and, WHEREAS, the growth and development of Roanoke County's Parks and Recreation Department and programs now includes responsibility for tourism and for expanded responsibility for the department's programs and operations; and, WHEREAS, the staff of the Department of Parks, Recreation and Tourism, with the assistance of the Roanoke County Police Department and the County Attorney's Office, has corripleted a comprehensive review and update of the County's existing Parks and Recreation Ordinance contained in Chapter 15 of the Roanoke County Code; and, WHEREAS, the first reading of this ordinance was held on March 11, 2008; and the second reading was held on March 25, 2008. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of Chapter 15. Parks and Recreation of the County Code are hereby amended and/or reenacted as follows: Sec. 15-1. Title. This chapter shall be known and may be cited as the "Ordinance Regulating Conduct in Public Parks of Roanoke County." (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-2. Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein. Where not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Closed hours means the hours each day that a park is closed in accordance with Sec. 15-11 (1) of this ordinance until 6:00 a.m. the following day. County is the County of Roanoke, Virginia. Department when used hereinafter is defined as the Department of Parks, Recreation and Tourism for the County of Roanoke. Director means the Director of the Department of Parks, Recreation and Tourism and includes any person whom the Director designates to act for the Director hereunder. Park and other areas, now or in the future operated and maintained by the County of Roanoke Department of Parks, Recreation and Tourism are defined to mean parks, public lands, playgrounds, recreation fields and facilities, museums, buildings, lakes, streams, lagoons, water areas, and submerged lands, and all public service facilities located on or in grounds, waters, buildings and stn.~cti.ares in Roanoke County which are under the control of or assigned for upkeep, maintenance or operation by the County of Roanoke, Department of Parks, Recreation and Tourism and including property of the Roanoke County School Board. Park attendants means all full-time employees of the Department of Parks, Recreation and Tourism and any part-time or temporary employees of the department specifically authorized in writing by the Director to enforce the requirements of this chapter. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permit is any written license issued by or under the authority of the Director perrriitting the performance of a specified act or acts. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Police officer means all officers of the Roanoke County Police Department, including the Chief of Police, and all properly trained and deputized law enforcement officers of the Roanoke County Sheriffs Department and any law enforcement officer legally empowered to issue warrants of arrest or surrimons within the County of Roanoke. Special Event means a program, tournament or other event scheduled for specified hours or days involving the participation of the Department or written approval of the director. 2 Vehicle means every device in, upon, or by which any person or property may be transported upon a highway, except devices other than bicycles moved by human power. Waters means any river, stream, lake, pond, swimming pool or other body of water, whether flowing or still, in or contiguous to any park as defined in this ordinance. (Ord. No. 42589-8, § 1, 4-25-89; Ord. No. 62690-8, § 8, 6-26-90) Sec. 15-3. Department of Parks, Recreation and Tourism established; position of Director created. A Department of Parks, Recreation and Tourism is hereby established and the position of Director of such department is hereby created. (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-4. Conduct of County recreation programs and park operations. The Department of Parks, Recreation and Tourism shall conduct the recreation programs of the County and all park operations as directed by the Board of Supervisors or the County Administrator. (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-5. Park property. No person in a park shall: (1) Property: a. Disfiguration and removal. Willfully mark, deface, dis~Figure, injure, tamper with, displace or remove any building, bridges, tables, benches, fireplace, railings, tree guards, paving or paving material, public utilities, signs, notices or placards (either temporary or permanent), monuments, stakes, posts, boundary markers, or other structures, equipment, facilities or park property or parts thereof, either real or personal. b. Restrooms and washrooms. Fail to maintain restrooms and washrooms in as neat and sanitary a condition as prior to such person's use, nor shall any person over the age of five (5) years use the restrooms and washrooms designated for the opposite sex, except a child in the company of a parent or other custodial individual. Use any device or equipment for taking any photographic image or likeness in any restroom, locker room or washroom. c. Removal of natural resources. Dig or remove any sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. 3 d. Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park except by specific written permit issued hereunder. Sec. 15-5.1. Public trees. a. Purpose. It is the purpose of this section to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting and removal of trees on public property. Further, it is the purpose of this section to enhance the quality of life in the County by protecting trees and by minimizing 'the loss of tree coverage on public properties. b. Definitions. The following terms, when used in this section, shall have the meanings ascribed to them in this subsection, unless context clearly indicates a different meaning: Diameter-at-breast-height shall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Drjpline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive Alien Plant Species shall be those species currently listed by the Virginia Department of Conservation and Recreation. Public property shall include all lands owned by the County, including but not limited to public parks and property of other county buildings and facilities, and includes all greenway easements donated to or owned by the county. "fhe term "public property" shall exclude public streets and public utility, drainage and storm water easements and county water and sewer easements. Public utility company shall mean any corporation, company, individual, association or cooperative that is a "public utility" as defined in section 56-232 of the Code of Virginia, 1950, as amended. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. 4 Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head with many branches. For the purposes of this section, a tree shall have adiameter-at-breast-height of four inches or more. Tree committee shall mean comrr~ittee appointed by the County Administrator to develop uniform standards for implementing the provisions of this section. c. Applicability This section provides full power and authority over all trees located on public property. d. Authorization required. (1) It shall be unlawful for any person to plant, remove, destroy, harm or otherwise disturb any tree on public property without first receiving written approval from the tree corrin-iittee except for invasive alien plant species as defined above. Invasive alien plant species may be removed. (2) In the case of emergencies, such as windstorms, ice storms or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the county. e. Abuse or mutilation of public trees or shrubs. Unless specifically authorized by the tree committee, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property; attach any nails, advertising posters or other contrivance to any tree on public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree on public property. f. Protection of trees. Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) The tree committee shall establish guidelines for trees that are to remain on public property and that are within or in close proximity to the immediate construction activity area. (2) No person, including pi.iblic utility companies and County departments, shall excavate any ditches, tunnels, trenches or lay any driveway or street within a radius of ten (10) feet from any tree on public property without first obtaining written approval from the tree 5 committee. This provision does not apply to the maintenance and repair of existing public utility and county water and sewer utility facilities. (3) All trees on public property shall be pruned or trimmed only in accordance with the standards established by the National Arborist Association, entitled "Pruning Standards for Shade Trees," as revised in 1988. This includes all public utility companies and County departments or their subcontractors involved in maintenance on County property or easements. (4) It shall be unlawful for any person, firm, or County department to top any tree on public property. Trees severely damaged by wind, ice or snow storms or other disasters may be exempted from this section at the determination of the tree committee. g. Enforcement. The tree comrr~ittee shall have the general powers and duties to: (1) Direct, manage, supervise and control the planting, removal and protection of all trees on public property. (2) Protect all trees on public property so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life or safety of persons or property. (3) Require the preparation of a tree protection plan for County construction projects, when deemed appropriate and necessary. (4) Administer the provisions of this article. (Ord. No. 121697-9, § 1, 12-16-97) Sec. 15-6. Sanitation. No person in a park shall: (1) Pollution of waters. Throw, discharge, place or cause to be placed, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or in any tributary, stream, storm sewer or drain Flowing into such waters, any substance, matter or thing, whether liquid or solid, which produces, or may result in, the pollution or littering of said waters. (2) Rubbish and refuse matter. Bring in or dump, lay, cast, drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or any other trash. No such rubbish or refuse materials shall be placed in any water in or contiguous to any park, or left 6 anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; at locations where receptacles are not so provided, all such rubbish or refuse materials shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-7. Traffic. No person in a park shall: (1) Motor vehicle laws apply. Fail to comply with all applicable provisions of the State and County motor vehicle traffic laws in regard to equipment and operation of vehicles together with such requirements as are contained in thus and other ordinances. (2) Enforcement of traffic requirements and regulations. Fail to obey any police officer and park attendants who are hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these requirements and such supplementary regulations as may be issued subsequently by the director. (3) Obey traffic signs. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life and property. (4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such park roads as the C ounty may designate, by posted signs, for other speed limits. (5) Operation confined to roads. Drive any vehicle on any area except the paved park roads, parking areas or such other areas as may be specifically designated as temporary parking areas by the director. (6) ATVs, etc. Operate in any park or recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, ATVs, golf carts, mopeds or any other vehicles, except in areas specifically designated by the Director for such use. (7) Trucks and commercial vehicles. Shall operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the director. (8) Parking. 7 a. Designated areas. Park a vehicle in other than an established or designated area, except as shall be in accordance with the instructions of any park attendant or police officer who may be present. b. Prohibited activities. Park a vehicle in a park for the expressed or apparent purpose of washing, repairing or maintaining the same. c. Double parking. Double park any vehicle on any road or parkway unless directed by a park attendant or police officer. (9) Bicycles. a. Confined to roads. Ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy or wooded trail or any paved area reserved for pedestrian use. b. Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. (Ord. No. 42589-8, § 1, 4-25-89; Ord. No. 62690-8, § 8, 6-26-90) Sec. 15-8. Prohibited uses of parks. No person in a park shall: (1) Distribution or display. Post, paint, affix, distribute, handout, deliver, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement; display any flag, banner, transparency, target, sign, placard or any other matter for advertising or promotional purposes; operate any musical instrument for advertising or promotional purposes or for the purpose of attracting attention to any exhibit, show, performance or other display unless expressly authorized through permit by the Director pursuant to section 15-11(3). (2) Contributions. Solicit contributions for any purpose. (3) Bathing and swimming. a. Designated areas. Swim, bathe, wade in any waters or waterways in any park, except in such waters and in such places as are provided therefore, and in compliance with such requirements as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the waters would be dangerous to public health, safety or welfare. 8 b. Certain hours. Use or remain upon any waters or places designated for the purpose of swimming or bathing, except during such hours of the day as shall be designated by the Director for such purposes for each individual area. c. Bath houses. Dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose. (4) Boating. a. Designated areas. Operate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any waters except at places designated for boating by the Director. Such activity shall be in accordance with applicable regulations adopted by the department. b. Operation of boats. Navigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats. c. Prohibition during closing hours. Launch, dock, operate or remain on or in any boat of any kind on any waters during the closed hours or except during such hours as shall be designated by the Director for such purpose. (5) Fishin . a. Commercial fishing. Commercial fishing, buying or selling of fish caught in any park waters is forbidden. b. Designated areas. Fish in any park waters, whether by the use of hook-and-line, net trap, spear, gig or other device, except in such waters thereof as have been designated by the Director for that use and under such regulations and restrictions as have been prescribed by said director. (6) Hunting and firearms. Hunt, trap or pursue wildlife at any time. Trapping may be authorized, by permit, when it is deemed by the Director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or possess firearms, ammunition or combinations thereof, as expressly prohibited by statute, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife and to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park property boundaries is forbidden. The Director may permit authorization for the use of a firearm or other potentially dangerous instrument, to be used in a park for a special event or county managed activity. 9 (7) Picnic areas and use. a. Regulated. Picnic in a place other than those designated for that purpose. Park attendants shall have the authority to regulate picnic activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. No visitor shall fail to comply with any directions given by park attendants to achieve this end. b. Availability. Fail to observe the policy that use of the individual fireplaces as well as tables and benches shall follow the rule of "first come, first served." c. Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in 'the disposal receptacles where provided. If no such trash receptacles are available, all refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. d. Nonexclusive. Use any portion of the park areas or of any of the buildings or structures therein without a permit issued by the director, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. e. Reservations. Reservations for shelters only may be obtained by paying a fee, as determined by the Department of Parks, Recreation and Tourism for exclusive use during said time period. Permits will be issued upon payment of fee and must be in the possession of users to be valid. No person or group occupying a shelter shall fail to relinquish the shelter to a party or group holding a reservation permit from the Department of Parks, Recreation and Tourism. (8) Athletic Fields. Use any Roanoke Coi.inty owned or maintained ball field until first securing a field rental contract for field use from the Department. This requirement applies to all sanctioned or non-sanctioned teams or organized groups. Field rental contracts may cover league teams for a specific sport and may include multiple fields; however, copies of such contracts shall be in the possession of a responsible individual for each non-sanctioned team or organized group using any such ball field. (9) Camping. Set up tents, shacks or any other temporary shelter for the purpose of camping without a permit from the Director. During closed hours, no person shall leave any equipment, structure or vehicle to be used or that could 10 be used for such purposes, such as a house trailer, camp trailer, camp wagon or the like. (10) Games. Take part in or organize any recreational activity or the playing of any games, including but not limited to golf, except in areas set apart therefore. (11) Horseback riding. Ride, drive or lead a horse except on park drives or trails, as designated by the Director. Where permitted, horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree and shrub. No hoofed animals will be allowed on turf areas. (12) Missiles and fireworks. Carry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the Director. ['I \ ~omn4o nnn4rnl r~I~noc~_oFyr~~~~~~~n~rnl r~l~r~n nl~QOr nr mn~nr nrnr~allerl ~irnrof~F in •~n~i r~nrL uii~hn~ ~f ~ r.nrmi~ frnm }he rliron~nr (14) Photography. Make still or moving pictures that involve the use of special settings, structures, ligl-rting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posing of professional models without prior written authorization by the Director; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the ordinary use of cameras by amateur photographers. (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-9. Meetings and concessions. No person shall: (1) Hold or take part in any public meeting or event, religious, political, charitable or otherwise, including picnic parties and entertainment for charitable or religious purposes, in any public park without first obtaining written permission from the Director. Such assemblages shall be conducted in a lawful and orderly manner and shall occupy such grounds and facilities as may be assigned to or reserved for them. (2) Sell or offer for sale any food, beverage, refreshment or any article or service whatsoever in any park except by concessionaires under contract with the County or by nonprofit, charitable or religious groups, authorized by perrr~it from the Director. (Ord. No. 42589-8, § 1, 4-25-89) Sec. 15-10. Behavior. No person in any park shall: 11 (1) Intoxication. Enter upon or be in or remain in a park while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia. (2) Taking a drink or tendering same. Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Section 4.1-308C of the Code of Virginia, 1950, as amended. (3) Domestic animals. Be responsible for the entry of a dog or other domestic animal into a park unless carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, stream, all special event areas and toi.irnaments, ball fields or food and beverage concession area within any park or recreation area. Service dogs shall be excluded from the provisions of this regulation. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. No non-working animal or pet shall be allowed at Special Events in Roanoke County parks. Non-working animals or pets include, but are not limited to, dogs, cats, horses, reptiles or other animals that are present at a Special Event other than for the express purpose of assisting an individual with a disability. Also excluded are those animals or pets which are an attraction and/or a part of the special event. (4) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area, or on any highway, road or street abutting or contiguous thereto. (5) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing or otherwise "closed" in accordance with Sec. 15-11(2) of this ordinance." No person shall use or abet the use of any area in violation of posted notices. (6) Going onto ice. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. (7) Disorderly conduct and disturbing the peace. Cause inconvenience, annoyance, or alarm to another by doing any of the following: a. Engaging in fighting, in threatening harm to persons or property or in violent or turbulent behavior; 12 b. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; c. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; d. Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender. e. Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. (8) Exf iibit permits. Fail to produce and exhibit any permits From the Director upon request of any police officer or park attendant who shall request to inspect the same. (9) Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, permitted by a permit. (Ord. No. 42589-8, § 1, 4-25-89; Ord. No. 62690-8, § 8, 6-26-90) Sec. 15-11. Park operating policy. (1) Hours. Parks shall be open to the public every day of the year from 6:00 a.m. to '/2 hour before dark, except park facilities with outdoor lighting or special hours of operation which shall be posted thereon. Special written permission from the Director is required for any persons to remain in any park area outside regular open hours. (2) Closed areas. Any section of any park may be declared closed to the public by 'the Director at any time or for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary. (3) Permit. A permit shall be obtained from the Director before participating in a park activity prohibited by these rules: a. Application. A person seeking issuance of a permit hereunder shall file an application with the Director. The application shall state: The name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the 13 name, address and effective contact information fora responsible individual for such permit; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. b. Standards of issuance. The Director may issue a permit hereunder when he finds: That the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed activity will not entail unusual, extraordi-nary or burdensome expense or allocation of manpower resources by the Roanoke County Police Department or other operation by the County; that the facilities desired have not been reserved for other use at the day and hour required in the application. c. Appeal. Within seven (7) days after receipt of an application, the Director shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit. Any aggrieved person shall have the right to appeal in writing within five (5) days to the County Administrator, or his designee, who shall consider the application under the standards set forth in subsection b. hereof and sustain or overrule the Director's decision within fifteen (15) days. The decision of the County Administrator, or his designee, shall be final. d. Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. e. Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issued and shall indemnify and hold the County, its officers, employees and agents harmless from any claim, judgment or award for damages or other legal relief of any nature whether as a result of legal or administrative action. f. Revocation. The Director shall have the authority to revoke, or modify, a permit upon finding a violation of any rule or ordinance, or upon good cause shown. Reasonable efforts shall be made by the department to promptly notify the holder of the revoked permit of the Director's actions. (Ord. No. 42589-8, § 1, 4-25-89; Ord. No. 62690-8, § 8, 6-26-90) 14 Sec. 15-12. Fines and penalties. (1) Unless a more severe punishment is specifically provided for under state law which shall then be applicable to a violation of this chapter, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor; provided that nothing herein contained shall limit the authority of the court to order restitution for ~I:he benefit of the county as a result of any damage or abuse to property subject to tl'iis chapter. (2) That any provision of the Roanoke County Code not specifically amended or repealed above shall remain in full force and effect as adopted. (3) That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Church to adopt the ordinance with two amendments: a correction on page 2 and the deletion of Section 15.8 (13), and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TES"fE: ~,1, YJ~7~L- Brenda J. Holton, CMC Deputy Clerk to the Board 15 c: Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Doris J. Johnson, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Raymond Leven Diana Rosapepe, Director, Library Services Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant Coi.anty Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, C17ief Financial OfFicer Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Chief Information Officer Anne Marie Green, Director, General Services Pete Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Brent Robertson, Director, Management & Budget Mark Courtright, Assistant Director of Parks Marcus Ordonez, Assistant Director of Recreation 16 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2008 ORDER 032508-8 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2008 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2008, and ending December 31, 2008, be, and hereby is, set for a tax rate of $1.09 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classi~Fied by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.6 of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Flora to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Al~tizer, McNamara, Flora NAYS: Supervisor Church A COPY TESTE: ,~~.o,~, -~.- Brenda J. Ho ton, CMC Deputy Clerk to the Board cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2008 ORDER 032508-9 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2008 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2008, and ending December 31, 2008, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592- 11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 2008, and ending December 31, 2008, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Flora to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Al~kizer, McNamara, Flora NAYS: None A COPY TESTE: Brenda J. H ton, CMC Deputy Clerk to the Board cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD "fHE ROANOKE COUNTY ADMINISTRATION CEN"fER ON TUESDAY, MARCH 25, 2008 ORDER 032508-10 SETTING "fHE TAX LEVY ON A CLASSIFCATION OF PERSONAL PROPERTY -MACHINERY AND TOOLS -SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2008 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machiinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2008, and ending December 31, 2008, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Flora to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~~ Brenda J. Ho ton, CMC Deputy Clerk to the Board cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Bi,adget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Cowin-iissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 25, 2008 ORDINANCE 032508-'11 AUTHORIZING THE VACATION OF RIGHT-OF- WAY SHOWN AS CROSSTIMBERS TRAIL ON PLAT OF THE WOODLANDS, SECTION 3, IN PLAT BOOK 9, PAGE 55, OF "fHE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT- OF WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, the plat of Woodlands Subdivision, Section 3, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 55, established a street designated as Crosstimbers Trail, Route 1438, a portion of which, approximately Fifty (50') feet in length, extends from the end of the cul-de-sac on Crosstimbers Trail to the northeastern edge of the subdivision, and located between Lots 15 and 16 of Woodlands Subdivision, Section 3; and WHEREAS, the area designated and set aside for public use as an extension of Crosstimbers Trail, Route 1438, between Lots 15 and 16 of The Woodlands Subdivision, Section 3, has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, the property owners of Lot 15, Johnny and Shiirley L. Neal, Jr. and Lot 16, Leslie H. Stockton, The Woodlands Subdivision, Section 3, adjoining the unimproved section of Crosstimbers Trail, extending approximately forty-one (41') feet from the northwestern edge of the cul-de-sac on Crosstirribers Trail to the northeastern edge of this subdivision, have requested the vacation of this unimproved portion of the Fifty (50') foot width right-of-way so as to permit these property owners to make improvements to their residential properties; and WHEREAS, Appalachian Power Corripany, Roanoke Gas Company, Verizon and the Western Virginia Water Authority have requested that a public utility easement be retained for their utilities presently occupying the existing right-of-way; and WHEREAS, the above described street or road is more clearly indicated as "Road To Be Vacated &Reserved as a Public Utility Easement" on "PLAT SHOWING PORTION OF CROSSTIMBERS TRAIL - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated 1-24-2008, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Crosstimbers Trail and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents of Roanoke County, as the Petitioners, have requested that, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate this right-of-way, designated as a portion of "Crosstimbers Trail" on the plat of the Woodlands Subdivision, Section 3, Plat Book 9, page 55, as now shown on the attached Exhibit "A"; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and 2 THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. "that pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 11, 2008 and a second reading and public hearing of this ordinance was held on March 25, 2008. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (a portion of a fifty (50') foot width street and approximately 41 feet in length) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That so much of this street, Crosstimbers Trail, Route 1438, being designated and shown as "Road to be Vacated and Reserved as a Public Utility Easement" on Exhibit "A" attached hereto, said portion of street being located between Lot 15 and Lot 16 of the Woodlands Subdivision, Section 3, (PB 9, page 55), in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2- 2272 of the Code of Virginia,1950, as amended. 4. That a public utility easement is accepted, reserved and maintained for public purposes in the area previously designated as "Crosstirribers Trail" as shown on Exhibit "A" attached hereto. 5. "that portion of the vacated street contained within the bounds designated as L1, L3, "H" & "D" of Exhibit "A" shall be added and combined with Lot 15, Woodlands Subdivision, Section 3, and that portion of the vacated street contained within the bounds 3 designated as L1, L2, "G" & "C" of Exhibit "A" shall be added and combined with Lot 16 of Woodlands Subdivision, Section 3. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 7. That tl-iis ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Joseph Obenshain, Senior Assistant County Attorney Billy Driver, Director, Real Estate Valuation Laura Shelton, Comrr~ission of Revenue's Office 4 I hereby certify that the foregoing is a true and correct copy of Ordinance 032508-11 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, March 25, 2008. Mary V. Brandt, CPS Assistant Deputy Clerk to 'the Board 5 THIS PUT DOES NOT REPRESENT A FIELD SURVEY AND ONLY A/AY BE USED FOR THE PURPOSE OF DlV/DING PROPERTY AFTER A PAPER STREET lS VACATED BY ROANOK£ COUNTY FOR TAX PURPOSES. A RECORDED SUBDIVISION PUT WAS USED TO DETERM/NE EXISTING ACREAGE AND ACREAGE TO BE ADDED TO THE PROPOSED PET/TIONERS PROPERTY. ~ 669 y ~~ r 0 ~ ~ LINE DATA LINE BEAR/NG DISTANCE L 1 N70 53 13 E 41.33' L2 S32 09 35 E 25.95 L3 S32 09'35"E 25.95 6~~ 6 ~c~~~ 666 ~0 6 O~ ~ 6666 ~~ ~~,~~, ~0 rAx { 26.2o-fo-sl.oo '~ ~ 66 ~~ BISHOP TOWN HOMES INCA. ~, 7.70 ~. TRACT a vII1.A.s of THE vALi.EY PARCEL DATA LOT TAX ~ EXlS71NG ACREAGE ACREAGE TO BE ADDED TOTAL 15 26.20-04-72.00 0.2287 0.0257 0.2544 16 26.20-02-58. DO 0.2704 0.0242 0.2946 S32'09'35 "E 164.85' N 16 0 rAx { 28.20-D2-5s.oo ~ LESLJE H. SiOCKTON ; 0.2704 Ac. w LOT 16 :-•• ...............''.... z ~ S2971'15"E I ~ 130.61 • C ° 75 Z h ~, 2478'00 E- _;~ -..-..:.. 57.42, S297`1'15"E 97.70' -~ ~ ~ S32 09'35"E 7fi.02' 75 ~1 Ae 9 '°G Ss- '~~ ~ h ~~ n rAx { 2a.2o-o4-n.on `n +JOHNNY ~ SHIRLEY L NEAL JR. ..........._..........- U.2287 Ac. LOT 15 N27y1'15"W 103.03' ~' ~ 4 CURVE DATA CUR4E RADIUS ARC LENGTH DELTA TANGL~NT CHARD BEAR/NG CHORD DISTANCE A 50.00 SB23 66 43 4B 32.93 53470 43 W 55 00 8 50.00 4 . 26.70 N84 1 16 W 47.10 C 50.00 26.19 30170 5 N 4 04 W • D 50.00 26.19 1 40 N09' W .90 f 50.00 59.2? 67515 3.~ 4 N39'DO 50 E F 50.00 4Q58 4679 51 16 E G 44.00 44.66 22.3 569'314 W H 1 9 b~ ~~ ~~ LEGEND ROAD TO BE VACATED & ~~ RESERVED AS A PUBLIC UTILITY EASEMENT TAX MAP ND. 26.20 EXHIBIT "A" SCALE: 1 ~=50' PLAT SHOWING PORTION OF CROSSTIMBERS TRAIL - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA PREPARED BY.' ROANOKE COUNTY DEPARTMENT OF COMMUN/TY DEVELOPMENT DATE: 1-24-2008 ~~