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7/27/1993 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-1 DECLARING THE WEEKEND OF JULY 31 - AUGUST 1, 1993, AS "THE BATTLE OF SOUTH SALEMII WHEREAS, on June 21, 1864, Confederate forces, under the leadership of Major General Jubal Early, and Union forces, under the leadership of Major General David Hunter, engaged in a battle at Hanging Rock, near the present intersection of Routes 311 and 419 in Roanoke County; and WHEREAS, prior to that battle, there was a skirmish near the confluence of Peter's Creek and the Roanoke River, also in Roanoke County, known as Hunter's Raid or the South Salem Engage- ment; and WHEREAS, both events were important to the course of the Civil War in Southwest Virginia; and WHEREAS, on July 31 and August 1, 1993, there will be a re-enactment of the Battle of South Salem at Green Hill Park in Roanoke County; and WHEREAS, the event draws a crowd of between 5,000 and 6,000 spectators and 500 re -enactors and contributes to the tourism efforts of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby declare the weekend of July 31 - August 1, 1993, as "THE BATTLE OF SOUTH SALEM", and extends its best wishes for an authentic and successful re-enactment of the event. On motion of Supervisor Nickens to adopt the resolution, and carried by a unanimous voice vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: &.a�jk� Brenda J. A61ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Debbie Pitts, 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, JULY 27, 1993 RESOLUTION 72793-2 OF APPRECIATION TO RETA R. BUSHER FOR HER SERVICES TO ROANOKE COUNTY FROM 1984-1993 WHEREAS, Reta Busher has worked for Roanoke County since September, 1984, beginning her career as a budget analyst, and rising to the position of Director of Management and Budget; and WHEREAS, Ms. Busher has accepted a position as Director of Management and Budget of Henrico County, and will be leaving Roanoke County on August 20, 1993; and WHEREAS, during her time with Roanoke County, Ms. Busher has been involved in a variety of issues and events of importance to the County, including the All America City Presentation, the consolidation issue, and the bond referendums of 1985, 1986 and 1992; and WHEREAS, throughout her career, Ms. Busher has been a valuable and dedicated employee of Roanoke County, and she will be missed by the Board and the staff; and WHEREAS, Ms. Busher also expended time and energy for the betterment of the entire Roanoke Valley, particularly through her work with TRUST, the Jaycees, and the Regional Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, extends its appreciation to RETA R. BUSHER for the dedication and service which she has provided to the Board, the citizens and the staff of Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Ms. Busher as she assumes her new position in Henrico County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Holton', -Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-3 APPROVING THE SUBMISSION OF FIVE ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATIONS. BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the County of Roanoke, Virginia. WHEREAS, the County of Roanoke is submitting five transportation enhancement project applications and has reviewed and prioritized the applications. NOW, THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, requests the Commonwealth Transportation Board to establish the following improvement projects: Green Hill Park, with priority #1 Vinyard Park, with priority #2 Goode Park Trail, with priority #3 Starkey/Shell Park, with priority #4 Roadside Dumps, with priority #5 BE IT FURTHER RESOLVED, that the County of Roanoke, Virginia hereby agrees to pay 20 percent of the total cost for planning and design, right-of-way, and construction of these projects, and that, if the County of Roanoke, Virginia subsequently elects to cancel this project, the County of Roanoke, Virginia hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: 6"j Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget John C. Chambliss, Jr., Assistant County Administrator Commonwealth Transporation Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-4 ENDORSING THE SUBMISSION OF AN ISTEA TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION BY THE RIVER FOUNDATION WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the County of Roanoke, Virginia; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the County of Roanoke, Virginia requests the Commonwealth Transportation Board to establish a project for the improvement of a light vehicle and pedestrian wooden bridge at the Explore Park; and 2. That the County of Roanoke, Virginia hereby agrees to pay 20 percent of the total cost for planning and design, right-of-way and construction of this project, up to a maximum of $50,000 which was approved for Explore Park capital expenses by the Board of Supervisors in their fiscal year 1993-94 budget; and 3. That the County of Roanoke, Virginia will not be held responsible for additional funds beyond that amount; and 4. That by letter dated July 22, 1993, the River Foundation agrees to be responsible for cost overruns associated with the projects, and if the River Foundation subsequently elects to cancel this project, the River Foundation agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: 62V'� - Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Richard Burrow, The River Foundation Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget Commonwealth Transportation Board I hereby certify that the foregoing is a true and correct copy of Resolution 72793-4 endorsing the submission of an ISTEA Transportation Enhancement Program Application by the River Foundation adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, July 27, 1993. Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-5 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF VINTON, THE COUNTY OF ROANOKE, AND THE CITY OF ROANOKE RELOCATING THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke, City of Roanoke, and Town of Vinton desire to petition the Court for approval to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton, and the County of Roanoke; and WHEREAS, the relocation of the boundary line of such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, the governing bodies of the City and the Town have adopted measures reflecting their desires to relocate and change a portion of the boundary line between the County, City and Town as requested by certain property owners within said areas; and WHEREAS, the Town of Vinton and City of Roanoke 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, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Roanoke, the Town of Vinton, and the County of Roanoke, in form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly described in the plat showing a boundary map line adjustment Area I containing 33.80 acres and plat showing boundary map line adjustment Area II, between the City of Roanoke, the Town of Vinton, and the County of Roanoke, all of which is incorporated by reference herein. 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon the agreement being duly executed by the Mayor for Roanoke City, the Mayor of the Town of Vinton, and the Chairman of the Board of Supervisors for the County of Roanoke, said executions to be authorized by appropriate measures passed by the respective jurisdictions, the description of such aforesaid boundary line will be duly published as required by §15.1-1031.2 of the State Code. 4. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, 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. 5. Upon entryof an order by the Circuit Court establishing the new boundary line, a certified copy of such order shall be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are authorized to take, or cause to be taken, such other actions, and 2 to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the Town Clerk of the Town of Vinton and the City Clerk of the City of Roanoke. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. i0ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-6 READOPTING A PUBLIC PRIVATE PARTNERSHIP POLICY FOR ROANOKE COUNTY WHEREAS, the expenditure of public funds for the general purpose of promoting Roanoke County's commercial, industrial, and business development is a lawful, valid, public purpose; and WHEREAS, Ordinance No. 81286-169 authorizes the payment of a portion of the total water connection fee by resolution of the Board of Supervisors of Roanoke County, Virginia, for certain commercial or industrial projects which are determined to be in the best interests of the County's economic development and which generate significant employment; and, WHEREAS, Resolution 22790-1 adopted a broader public private partnership policy for encouraging economic development in Roanoke County; and, WHEREAS, modification of this policy to establish revised guidelines and criteria will prove beneficial in determining the scope of local incentives in the negotiations for economic development projects. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board hereby readopt and establish the following "Roanoke County Public Private Partnership Policy" in order to provide policy criteria and guidance in applying the provisions of the Roanoke County Code in negotiations concerning local incentives for economic development projects. 1 ROANOKE COUNTY PUBLIC PRIVATE PARTNERSHIP POLICY Purposes• 1. Roanoke County may fund part of site development costs for public improvements, roads, and off site facility fees for water and sewer for a qualifying industry or business that meets the evaluation criteria for public private (P/P) partnerships. 2. Roanoke County may encourage the creation or retention of jobs of qualifying companies within the community which employ a significant number of employees through assistance with employment training. 3. Roanoke County may support tourism related industry/ destination activities that provide a range of attractions for visitors from outside the Roanoke Valley. Applications• A business or industry may apply for County assistance by addressing a letter to the Director of Economic Development that indicates: a. a description of the business or tourism activity to be conducted on the site b. total capital investment in real estate (land, building) machinery and tools and anticipated personal property and/or other taxes paid on site C. total employment and annual payroll and jobs to be created or retained d. specific water and sewer needs (i.e., size line and/or capacity) or other public facility assistance required e. date of construction and/or start-up (if in an existing building) f. if applicable, the terms of any lease to ensure that the company will occupy the building during the period calculated for payback. Review• The Director of Economic Development, upon consultation with the County Administrator and other County staff, will review the request for participation to determine the extent of Roanoke County's funding. An evaluation method based on anticipated taxes (real estate, machinery and tools and personal property), payback, 2 number and type of employees, likelihood of future growth, and other factors will be used. The County may participate in up to 50% of public improvement costs of the project if payback occurs within the first three years of the new project. Participation in projects with paybacks longer than three years shall be a reduced level. All applications are subject to restrictions by the amount of the County's budget appropriation for this purpose. Areas of Partnership Assistance: 1. Physical improvements and fees: If approved, Roanoke County may fund part of; a. water and sewer line extensions b. water, fire, and sewer utility connection fees C. public road construction and required drainage structures d. traffic control devices such as signals and related equipment e. employment training/retraining Requests for assistance with employment training and retraining of new and/or relocated employees may be considered. Amounts and priority of funding will depend on the salary/wage rate to be paid, the number of permanent full time jobs created, relocated or retained, and availability of matching funds from the state of Virginia and federal funds. County training funds will not be directly paid to a company, but will be appropriated to a training agency, state agency or economic development organization recognized by the Board of Supervisors. 2. Criteria for determination: a. No projects will be considered which are determined to produce significant environmental pollution, public nuisance or excessive demands for local public services. b. Excess County payments under the Public Private Partnership Policy will be refunded by the applicant if actual tax revenues do not meet the above criteria. C. All applications for payments of costs for physical improvements and/or fees which comply with the above criteria will be approved by the County Administrator upon the recommendation of the Director of Economic 3 Development. d. Applications which fall outside the criteria stated above, but which are considered by the County Administrator and Director of Economic Development to have merit, will be submitted to the Board of Supervisors for consideration. e. Tourism projects will be evaluated on the basis of expected visitation and concentration of tourism activities in areas proposed by the Economic Development Strategy, as well as other criteria for new jobs and anticipated tax revenues. f. Public Private Partnership funds shall be paid after the approval of the required site plan and at the time that a building permit is issued for the project. Industrial Park Development Off-site fees of jointly developed parks shall not be held as a portion of the total cost of the project and thus not a portion of the payback equation. Such assistance shall be funded after the approval of the required site plan and at the time a building permit is issued for the project. Limitations• Roanoke County will not pay for any facilities or waive any ordinances industrial discharge certification. Funding Sources: private sewage pre-treatment requiring fire protection or Roanoke County shall fund its participation from the General Fund from anticipated tax revenue, or from an Economic Development Fund or other special non-utility funds. There is an intent to continue the maintenance of a fiscally sound utility enterprise fund to provide water and sewer service to County utility customers. (This provision is authorized by County Code Chapter 22 as amended by Ordinance 8-12-86-169, Section 3b.) Agreement A written agreement on a form approved by the County Attorney will be required to specify terms of each Public Private Partnership. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: 4 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: A44 -- Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development k, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 ORDINANCE 72793-7 AMENDING AND REENACTING SECTIONS 5-21, DEFINITIONS, AND 5-44 TAX IMPOSED, ADDING SECTIONS 5-26.1 TO 5-26.5 AND REPEALING SECTION 5-26 OF ARTICLE II. DOGS, CATS AND OTHER ANIMALS, OF CHAPTER 5, ANIMALS AND FOWL OF THE ROANOKE COUNTY CODE TO CONTROL DANGEROUS AND VICIOUS DOGS. WHEREAS, injury or death to innocent children and adults has become a more serious problem in the Roanoke Valley in recent years; and WHEREAS, the current definition of vicious dog contained in Sec. 5-26 of the Roanoke County Code is not sufficiently detailed or comprehensive to deal with the many and varied situations which the County's Animal Control Officers are called upon to handle; and WHEREAS, neighboring jurisdictions to the County of Roanoke have recently amended their animal control ordinances to expand the power of their Animal Control Officers to deal with dangerous and vicious dogs; and WHEREAS the first reading of this ordinance was held on July 13, 1993; and the second reading on July 27, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article II. Dogs, Cats, and Other Animals of Chapter 5, ANIMALS AND FOWL of the Roanoke County Code be amended and reenacted as follows: See. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Dangerous dost: Any dog (1) which causes a wound to any person without provocation on public or private property; (2) which, while off the property of its owner, has killed a domestic animal; (3) which is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; (4) which, unprovoked, chases or approaches persons upon the streets, sidewalks, or any public or private property other than the owner's property in a menacing fashion or apparent attitude of attack; (5) which has a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of human beings or domestic animals; or (6) which has been declared dangerous by any General District Court or Circuit Court of this Commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), (3), (4), or (5) above shall be a "dangerous dog" even though not previously found dangerous by any Court. Vicious docs: Any dog which (1) kills a person; (2) inflicts serious wound to a person, including multiple bites, disfigurement, impairment of health, or impairment of any bodily function; (3) continues to exhibit the behavior which resulted in a previous f inding by a Court that it is a dangerous dog; or ( 4 ) which has 2 been found vicious by any General District Court or Circuit Court of this Commonwealth. Any dog evidencing the characteristics or conduct described in subsections (1), (2), or (3) above shall be a "vicious dog" even though not previously found vicious by any Court. Sec. 5-26.1. Dangerous dogs; vicious dog; penalties; procedures. (a) Dangerous dog. It shall be unlawful and a class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a dangerous dog, as defined by Section 5-21, except in strict compliance with Section 5-26.3 of this Code. If after hearing evidence, the Court finds any dog to be a dangerous dog, the Court shall, in addition to any other penalties imposed, order the dog's owner to comply with the provisions of Section 5-26.3. If any owner knew or reasonably should have known any dog to be a dangerous dog and such dog thereafter causes a wound to any person, such owner shall be guilty 3 of a Class 1 misdemeanor. (b) Vicious doer. It shall be unlawful and a Class 1 misdemeanor to own, keep, harbor, act as custodian of or permit to remain on or about any premises any dog that the owner knew or reasonably should have known to be a vicious dog, as defined by Section 5-21. If, after hearing evidence, the Court finds any dog to be a vicious dog, the Court shall, in addition to any other penalties imposed, order the animal control officer to euthanize the dog. If any owner knew or reasonably should have known any dog to be a vicious dog and such dog thereafter causes a wound to any person, such owner shall be guilty of a Class 1 misdemeanor. (c) Procedures. When a warrant has been obtained or a summons issued pursuant to this Section, the animal control officer and/or police officer may, in his discretion, confine the dog until such time as evidence shall be heard and a verdict rendered. The Court may, through its contempt power, compel the owner of any dog to produce it for the animal control officer and/or police officer. In the event any dog is found to be a dangerous dog or vicious dog, the owner of such dog shall be responsible for payment to the County of any expenses of impounding and keeping the dog pending disposition of the case at the rate prescribed by the County Board of Supervisors. Sec. 5-26.2 Licensure of dangerous dog. (a) The owner of any dog found by a Court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous 4 dog license from the Treasurer by paying the fee required by Section 5-41 of this Code. The Treasurer shall provide the owner with a uniformly designed tag which identifies the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this Section shall be renewed annually as required by Section 5-41 of this Code. (b) No dangerous dog license shall be issued until the applicant has filed with the Treasurer the insurance certificate required by Sec. 5-26.3(c). The Treasurer shall immediately forward such certificate to the County's Risk Manager for review and filing. The Risk Manager shall immediately notify the animal control officer of any noncompliance with the provisions of Sec. 5-26.3(c) of which the Risk Manager becomes aware. See. 5-26.3 Keeping dangerous dogs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep, or harbor any such dog within the County except in compliance with each of the following conditions and specifications: (a) Any dangerous dog shall be securely confined indoors or, if kept outdoors, shall be kept in a securely enclosed and locked pen or structure adequate to confine the dog and located upon the premises of the owner of the dog. Any such pen or structure shall have secure sides and a secure top and, if it has no bottom secured to the sides, the sides shall be imbedded into the ground no less 5 than two (2) feet. Such pen or structures shall provide any such dog with adequate space and protection from the elements and shall be kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two (2) signs on his property stating: "Dangerous Dog on Premises." One sign shall be posted at the front of the property, and the second sign shall be posted at the rear of the property. Each sign shall be capable of being read from a distance of fifty (50) feet. (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of $50,000 insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this Subsection at the premises where such dog is kept and shall, upon request, display such policy and certificate to any animal control officer or police officer. (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide the animal control officer with a color photograph of the dog taken within the last twelve (12) months, suitable for use in identifying the dog. (e) If any dangerous dog is taken off the property of its owner, such dog shall be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, and such dog shall at all times be kept under the control of a responsible person. Such muzzle shall be constructed in such a manner that it M will prevent the dog from biting any person or animal, but such that it will not cause injury to the dog or interfere with its vision or respiration. (f) The owner of any dangerous dog shall notify the Animal Control Department within twenty-four (24) hours if such dog is loose or missing; if such dog has attacked or wounded a human being or another animal; or if such dog has been sold, leased, given away, died, or custody has been transferred to another person for more than forty-eight (48) hours. If such dog has been sold, leased, given away, or custody has been so transferred, the owner shall provide the Animal Control Department with the name, address, and telephone number of the new owner, lessee, or custodian who shall be required to comply with the conditions of this Section if the dog is kept within the County. If the owner of a dangerous dog moves such dog to a different address, such owner shall notify the Animal Control Department of such fact and the new address within twenty-four (24) hours. (g) The animal control officer and/or police officer shall be permitted the right to inspect the enclosure in which any dangerous dog is kept at any time. (h) In addition to the conditions and specifications established by this Section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this Article for keeping any dog. (i) The animal control officer and/or police officer shall have the right to seize and impound the dog if any of the Vi conditions and specifications established by this Section for the keeping of a dangerous dog are not being met. Sec. 5-26.4. Violations. It shall be a Class 1 misdemeanor for the owner of any dog which has caused a wound to any person to conceal or cause to be concealed such dog from any animal control officer or police officer. Sec. 5-26.5. Exceptions. (a) No dog shall be deemed or declared to be a dangerous dog or vicious dog if the threat, wound, injury or damage was caused by any person who, at the time, was (1) assaulting the owner of the dog, (2) committing a willful trespass or tort upon the premises of the owner of the dog, or (3) provoking, abusing, or assaulting the dog or can be shown to have repeatedly provoked, tormented, or abused the dog at other times. (b) No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner's property, shall be found to be a dangerous dog or vicious dog. (c) This Section shall have no application to any dog owned by a federal, state, or local law enforcement agency. (d) No dog shall be found to be a dangerous dog or a vicious dog solely because it is a particular breed. 8 Sec. 5-44 Tau imposed. (a) An annual license tax is hereby imposed on dogs required to be licensed under this division in the following amounts: (6) Dangerous dog, as declared by any General District Court or Circuit Court of this Commonwealth: Fifty Dollars ($50.00) (in addition to the other applicable fees herein). 2. This ordinance shall be in effect from and after the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McG. Strickland, Judge Steven A. McGraw, Clerk, Roanoke County Family Court Services Philip Trompeter, Judge Joseph M. Clark, II, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court 01 George Harris, Judge John L. Apostolou, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Michael Lazzuri, Court Services 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-8 APPROVING AND CONCURRING IN CERTAIN ITEMB SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM M - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for July 27, 1993, designated as Item M - 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. Confirmation of Appointments to Social Services Advisory Board. 2. Resolution of Support and Endorsement of Richmond County's Resolution for Continued State Funding of Programs to Accelerate the Installation of Dry Fire Hydrants. 3. Donation of Water and Sanitary Sewer Easement on Parcel A, Located on Glen Heather Drive. 4. Donation of Drainage Easement in Connection with Homeland Hills Road Project. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: cc: Q. gakk�— — Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utility Social Services File T. C. Fuqua, Chief, Fire & Rescue ACTION NO. A -72793-8.a ITEM NUMBER --.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 1993 AGENDA ITEM: Confirmation of Committee Appointments to the Social Services Advisory Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the July 13, 1993 meeting. 1. Social Services Advisory Board This is a new Board replacing the Social Services Board. Supervisor Minnix nominated Betty Lucas to a four-year term to represent the Cave Spring Magisterial District. Her term will expire August 1, 1997. Supervisor Kohinke nominated Ed Wold to a four-year term to represent the Catawba Magisterial District. His term will expire August 1, 1997. RECOMMENDATION• It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Approved by, Mary H. Allen Elmer C. Hodge Clerk County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy X Received ( ) Johnson X Referred ( ) Kohinke X To ( ) Minnix X Nickens X cc: File Social Services Advisory Board File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-8.b OF SUPPORT AND ENDORSEMENT OF RICHMOND COUNTY'S RESOLUTION FOR CONTINUED STATE FUNDING OF PROGRAMS TO ACCELERATE THE INSTALLATION OF DRY FIRE HYDRANTS WHEREAS, a dry hydrant is a nonpressurized pipe system that is installed in an existing lake, pond, or stream to provide an easily accessible source of year-round water for firefighting; and WHEREAS, with installation of dry fire hydrants, homeowners and property owners would receive improved fire protection that would reduce loss of life and property; and WHEREAS, the General Assembly passed legislation in 1992 which requested a plan be developed that identified the needed network of dry hydrant sites in the Commonwealth; and WHEREAS, the Virginia Department of Forestry completed an inventory that documented the need for 3,678 dry hydrant installations at an estimated cost of $7.3 million; and WHEREAS, the state appropriated funds to be spent in FY 1993 and FY 1994 to initiate a demonstration program which provided cost share monies to fire departments to install dry hydrants. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, supports and endorses the Richmond County Board of Supervisors' resolution for continued state funding of programs which encourage and enable fire departments to install dry hydrants; and BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors requests that the Virginia Association of Counties add to their 1994 legislative agenda a resolution of support for state funding of programs that enable and encourage fire departments to accelerate the installation of dry fire hydrants. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. HMton, Deputy Clerk Roanoke County Board of Supervisors cc: File T. C. Fuqua, Chief, Fire & Rescue Franklin Hanks, Chairman, Virginia Association RC&D Councils The Honorable W. D. Gray, Chairman, Richmond County Board of Supervisors James D. Campbell, Executive Director, VACo ACTION NO. A -72793-8.c ITEM NO. M - Ak _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 1993 AGENDA ITEM: Donation of a water and Parcel A, located on Board of Supervisors of COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: sanitary sewer easement on Glen Heather Drive to the Roanoke County This consent agenda item involves the donation of a new sanitary sewer and water line easement, of variable width, upon, over, under and across Parcel A (Plat Book 11, Page 155), located on Glen Heather Drive in the Windsor Hills Magisterial District of the County of Roanoke, from Radford & Associates, Inc., a Virginia corporation (Tax Map No. 76.07-2-52), as shown on a plat dated April 30, 1993, made by Lumsden Associates, P. C., a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Aicpaie e tfully submitted, L. f kan Assistant County Attorney /11-3 Action Vote No Yes Abs Approved (X) Motion by Bob L. Johnson Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections TAx x76.07 2 48 TAx* 76.07 2- 50 NATiONA, PIiO[--E:,TY pCY k1. ti. M1IAR" ANN GVJYN >7.�. 121�� Fia', 45/ r r7, IZN,�- i✓ra ail 44'0? 00 W `a . p TA # 16.01 fJ.arl;;'TO Fc yA1�4TE0 �z TAX ? ! i NEW 5AN!T49.Y 1; a J, ',l C LEGAL REFERENCE: (",)RNi:FOi0G D.B. 1394, PAGE 1162 CCi:'JI_: DATA_ A= 3° )3')0" It = 313).00 T = 13.10 A = 26.20 CH= 26.19 Cl ;1 1: = X PLAT SHOWING EXISTING 20' WATER LINE EASEMENT TO Bi. VACATED BY THE COUNTY OF ROANOKE AND NEW SANITARY SEWER & WATER LINE EASEMENT BEING GRANTED TO THE COUNTY OF ROANOKE SITUATED ON PARCEL A (P.B. 11, PAGE 155) PROPERTY OF RADFORD & ASSOCIATES, INC., A VIRGINIA CORPORATION � nl,TNo�� WINDSOR HALLS MAGISTERIAL DISTRICT i ROANOKE COUNTY, VIRGINIA Q Cy. SCALY. i 30 DATc APRIL 30, 1993 -V VINCENT K LUMSDUC G"/ LUMSDEN ASSOCIATES, P. C. 114-31¢Q$B 0 ENGINEERS -SURVEYORS -PLANNERS C Q¢ ROANOKE, VIRGINIA r�yr�;D SUAVF'� COMM 4/ 9 3C A"3 NEW SANITARY SEWER & WATER LINE EASEMENT CORNI{RS Ii1:AR 1 N( D I S I'ANCI: ---,�-- I- .. til . \ 1 18'07 ' ' 3U" W U0' 6-7 S Io 38%''' IJ _ .0U' - 7-I N 43°)3'00" V 2Uu' + 1; a J, ',l C LEGAL REFERENCE: (",)RNi:FOi0G D.B. 1394, PAGE 1162 CCi:'JI_: DATA_ A= 3° )3')0" It = 313).00 T = 13.10 A = 26.20 CH= 26.19 Cl ;1 1: = X PLAT SHOWING EXISTING 20' WATER LINE EASEMENT TO Bi. VACATED BY THE COUNTY OF ROANOKE AND NEW SANITARY SEWER & WATER LINE EASEMENT BEING GRANTED TO THE COUNTY OF ROANOKE SITUATED ON PARCEL A (P.B. 11, PAGE 155) PROPERTY OF RADFORD & ASSOCIATES, INC., A VIRGINIA CORPORATION � nl,TNo�� WINDSOR HALLS MAGISTERIAL DISTRICT i ROANOKE COUNTY, VIRGINIA Q Cy. SCALY. i 30 DATc APRIL 30, 1993 -V VINCENT K LUMSDUC G"/ LUMSDEN ASSOCIATES, P. C. 114-31¢Q$B 0 ENGINEERS -SURVEYORS -PLANNERS C Q¢ ROANOKE, VIRGINIA r�yr�;D SUAVF'� COMM 4/ 9 3C A"3 ACTION NO. A -72793-8.d ITEM N0. m" � AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 27, 1993 AGENDA ITEM: Donation of a drainage easement in connection with the Homeland Hills Road Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This consent agenda item involve the donation of the following easement to the County of Roanoke for drainage purposes in relation to the Homeland Hills Road Project in the Vinton Magisterial District. a) Donation of an easement from William J. Brown and Sharon Brown, (Deed Book 1299, page 497) (Tax Map No. 89.00) as shown on a plat prepared by the Roanoke County Engineering and Inspections Department, dated September 28, 1992. The location and dimension of this property has been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION Staff recommends acceptance of this property. SU ITTED BY: 3" Arno d Covey, D' for Engineering & Inspecti APPROVED BY Elmer C. Hodge County Administrator M -Y --------------------------------------------------------------- ACTION VOTE Approved (xj Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x To Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections METES AND BOUNDS DESCRIPTIONSAND CALCULATED INFORMATION AND DO PRESENT A COMPOSITE OF DEEDS, PLATS, DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. / " y PROPERTY OF CURVE RADIUS LENGTH CHORD BEARING A 279.73' 102.46' 101.89 S 40'07'58' W B 25.00' 34.97' 32.19' N 06027'30' E TAX MAP N0. 89.00-4-17 SCALE: 1'=50' _^ PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY WILLIAM BROWN PREPARED BY.- ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 09-28-92 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: J Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-10 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ENTER AN ORDER TO HOLD A REFERENDUM ON THE QUESTION OF CHANGING THE METHOD OF SELECTION OF MEMBERS OF THE COUNTY SCHOOL BOARD, AS PROVIDED IN § 22.1-42 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Board of Supervisors of Roanoke County, Virginia, determines that it is desirable to hold a referendum on the question of the method of appointment of members of the County School Board of Roanoke County, Virginia, as provided by § 22.1-42 of the 1950 Code of Virginia, as amended; and WHEREAS, the Board held a public hearing on the question of such referendum on July 27, 1993, at 7:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Avenue; and WHEREAS, said public hearing was advertised in the Roanoke Times and World News on July 18 and July 25, 1993. NOW THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, that said Board does respectfully request the Circuit Court of Roanoke County to enter an order requiring the regular election officials on the day fixed in such order to open the polls and take the sense of the qualified voters of Roanoke County on the question of changing the method of appointment of members of the County School Board of Roanoke County from the School Board Selection Commission to the Board of Supervisors. BE IT FURTHER RESOLVED that the Clerk of the Board is hereby directed to certify a copy of this resolution and to present it to the Judge of the Circuit Court for the County of Roanoke, and to 1 file a certified copy of this resolution with the Clerk of the Circuit Court of Roanoke County. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens, Minnix NAYS: Supervisor Johnson A COPY TESTE: Brenda J. qiolton, Deputy Clerk Roanoke County Board of Supervisors cc: File Judge G. O. Clemens, Roanoke County Circuit Court Judge Kenneth E. Trabue, Roanoke County Circuit Court Steven A. McGraw, Clerk, Roanoke County Circuit Court Paul M. Mahoney, County Attorney Bayes Wilson, Superintendent, Roanoke County Schools Elizabeth Leah, Registrar I hereby certify that the foregoing is a true and correct copy of Resolution 72793-10 requesting the Circuit Court of Roanoke County to enter an order to hold a referendum on the question of changing the method of selection of members of the County School Board adopted by the Roanoke County Board of Supervisors by a four to one vote on Tuesday, July 27, 1993. Mary H. Allen, Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 RESOLUTION 72793-11 APPROVING AND THE ADOPTION OF THE FUNDING OF THE SECONDARY ROAD SYSTEM SI% - YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1993-94 WHEREAS, a public hearing was held on July 27, 1993, to receive comments on the adoption of the funding for the Secondary Road System Six -Year Construction Plan for Roanoke County for Fiscal Year 1993-94; and WHEREAS, The Board does hereby approve the adoption of the funding for the Secondary Road System Six -Year Construction Plan for Roanoke County for Fiscal Year 1993-94 as set out on the attached construction program allocations. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six -Year Construction Plan for Roanoke County for Fiscal Year 1993-94 by the Clerk to the Board. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: &".e& Q -, k-/� Brenda J. 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N N N >4Z NZ , I Z I W I O l a I I O I I N I I I I I i I I UT U} </T U> !!T I I C O y q a t 1 C G I 11 I -- I I I I I I I I O I O I Z C O I O I 1 I I I I � I I I to � I I (!T 1 I I 1 I i I I I I I I I I I I I 1 -------- --- I I I i I I I I I I I I I I I ----------- , -------------- I I I I I I I I I I I I I 1 I Z I I I I I I I I I I I I I I I i I I i I I I I 1 I I I I I I I I O I H I I I I I I I 40 F H I I I 1 I I 1 I I X 8 �+ ai a I a I I I U co n i I i C r- Lc) I I I I CtD I oz �oo I 1 CIS') I I T - a O V N CJ O �T O C In N C r O O N O N O p M Ul O V'7 [!? N N N I I I I I Z I W I O l a I I O I I N I I I I I i I I UT U} </T U> !!T 1 N I F 1 O I H I Z G I H H I I I I I 1 i i C I I W -- I I O I I I I I I I I I 1 I It"1 I O I I I I I I Z I W I O l a I I O I I I I I I I I I I i I I I I -------------- I I C O I O I I I D I I M I 11 o I I I I H I O I Q t O i O I © 1 I 11 I C I C I O I I I I I C. In i cl, --- -�- ----- i----- ------ ------------- -------------- CN N 1 1 I W 1 Z IQ�16Zi I ZQ E�-1 C C I 40 F H I I I 1 I I 1 I I X 8 �+ ai a I a I I OP -7—C,;� The following road projects have been identified for funding in this years's budget by County staff and VDOT: NUMBERED CONSTRUCTION PROJECTS PROJECT ALLOCATION ESTIMATED PRIORITY # NAME AMOUNT ADVERTISEMENT DATE #21 West River Rd $365,000 01/94 #22 Merriman Rd $400,000 06/94 #23 Starlight Ln $100,000 09/93 #23 Starlight Ln $300,000 09/93 #24 Cresthill Dr $ 25,000 01/95 #25 Yellow MT Rd $416,000 09/95 #26 Glade Creek Rd $ 50,000 08/94 #27 Lost MTN Rd $ 25,000 12/94 #28 Benois Rd $ 25,000 05/95 #29 Bunker Hill Dr $260,748 02/94 #30 Colonial Ave $125,000 10/94 #32 Timberview Rd $ 30,000 08/95 #52 Hollins Rd $ 50,000 06/96 #53 Florist Rd $ 20,000 07/96 #54 Ardmore Dr $ 25,000 07/95 #54 Ardmore Dr $ 25,000 07/95 #55 Clearwater Ave $ 25,000 07/95 #55 Clearwater Ave $ 25,000 07/95 UNPAVED ROAD NUMBERED PROJECT #1 Cox Hopkins Rd $ 50,000 09/95 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 27, 1993 RESOLUTION 72793-12 PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF LAND OWNED BY JEAN O. WALLACE, GEORGE RAwn. WAND jAMSHO, CHARLES W. BOONE AND ACQUISITION OF A CERTAIN PARCEL OF LAND IN FEE SIMPLE FROM THE HEIRS AT LAW OF JAMES W. CASEY, JR. AND MARGARETTE E. CASEY FOR THE WATER TRANSMISSION LINE PROJECT Following a public hearing of the Board of Supervisors of Roanoke County on Tuesday, July 27, 1993, at 7:00 p.m., after due notice to the public, this Board makes the following findings of fact and adopted the following resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Water Transmission Line Project has been approved to provide a source of water for the citizens of Roanoke County. 2. That the project is necessary for the general health, safety and welfare of the public, and specifically will provide a long-term water source in Roanoke County. 3. That acquisition of an interest in certain parcels of land, described below, is necessary for construction of water transmission lines from the Roanoke County Water Treatment Plant to southwest Roanoke County. 4. In order to complete this Project, the County needs to acquire an interest in the properties described below: (a) OWNER: Jean O. Wallace; property description: Parcel of land located on Brahma Road and Burnham Road, Roanoke County, Virginia (Roanoke County Tax Map No. 76.03-3-70) See attached plat identified as "EXHIBIT All showing water and sewer easement to be acquired from Jean O. Wallace. -- - - - - __ . (c) OWNER: Col. Charles W. Boone; property description: Parcel of land located off of Lapping Lane, Roanoke County, Virginia (Roanoke County Tax Map No. 65.00-1-42) See attached plat identified as "EXHIBIT C" showing water and sewer easement and temporary construction easement to be acquired from Col. Charles W. Boone. (d) OWNER: Heirs at law of James W. Casey, Jr. and Margarette E. Casey; property description: Parcel of land located on 4000 block of Buck Mountain Road, Roanoke County, Virginia (Roanoke County Tax Map No. 97.08-1-42) See attached plat identified as "EXHIBIT D" showing parcel of land in fee simple to be acquired from the heirs at law of James W. Casey, Jr. and Margarette E. Casey. E 5. That the fair market value of the interest in the property to be taken and damages to the residue of such property, if any, is as follows: PROPERTY OWNER Jean O. Wallace FAIR MARKET VALUE AND DAMAGES, IF ANY $ 913.00 Col. Charles W. Boone 221.00 Heirs at Law of James W. Casey, Jr. and Margarette E. Casey 2,950.00 6. That Mrs. Wallace, 'rte—and Mrs.janeske and Col. Boone have been offered the amounts listed in paragraph 5 above for an interest in their property and that each offer was refused by such landowners. The County has not made an offer to the heirs at law of James W. Casey, Jr. and Margarette E. Casey because such heirs cannot be located. Therefore, the only way of acquiring the land described above is by condemnation. 7. That it is necessary for the County to immediately enter upon and take possession of the properties described above and commence construction of such water transmission lines and any other appurtenances to the water supply system in order to more adequately serve the needs of the citizens of Roanoke County and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law and by this resolution the County hereby states its intent to do so. 3 8. That pursuant to the provisions of Section 15.1- 238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1- 119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on Exhibit A, -B,- C and D attached hereto and made a part of this resolution and authorizes the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1- 119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the 4 landowners who can be located as described above on or before July 30, 1993. 12. That the law firm of Martin, Hopkins and Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. On motion of Supervisor Johnson to adopt the resolution with the removal of George R. and Wanda C. Janosko, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney William B. Hopkins, Jr., Counsel for Roanoke County Clifford D. Craig, Director, Utility I hereby certify that the foregoing is a true and correct copy of Resolution 72793-12 authorizing the acquisition of an easement through separate parcels of land adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, July 27, 1993. Mary H. Allen, Clerk Roanoke County Board of Supervisors 5 o :i' I II I11 Iz Io+I�rl+iuiNim r, uriNiNlN I I Z IZIZ Z ZI2Iz'Z Z�ZI R1 N N N N AIN U18�aIUImIIPUI+,ININI�I >i�lb .O�INImIV1fl o n m> NI JIJ'IN; .. SININ;-I_IY i N m 0 0 oio;oi�im!m;mh�e��hlmlm��im'u;NI�I°°hi= I 4 GRID NORTH - NAD-83NE VI / RGINIA $?ATE ?LANE SOUTH ZONE A m0OFK \ N0 o�mm� m �m0Fo F50�1 Nm OO�j 0 A � i mNmFx N F U�i�Or z Ou zrt. -rte �mF I I / i ;b NNF 9� !i 4 O CFIDm� I n z n - FTN I\ Fa I nmO 1 G➢S r I i of G F Nmf°m d z �• ,,. , .:�� �; ©>mx \ � �aJi / D mGOx 000 J .. 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EXHIBIT C TAX #65.00-1-43 PROPERTY OF GRACE LEE HALE HUDSON U.B. 1355, PG. 1108 w S 44'33'45" Eco z + S i EX. 18" 1 126t �, z d ujBLACK OAK 2 / �y °° o < o EX. 13" I z z N CHESTNUT OAK 10 I AEw 26' wATEMM EASEMENT AEW f0' TEMPORARY — CONSTRUCTIOM EASEMENTS EX. PRIVATE DRIVE NEW 25' WATOUNE EASEMENT UNE DIRECTION DISTANCE 1-2 S 44'33'45" E 30.34 2-3 S 10'54 43 W 68.74 3-4 S 09'15 00" E 1 321.48 4-5 S n5'59'09* E 1 159.24 5-6 S 27'24 41 E 1 230.39 6-7 S 47.1615 W 1 25.92 27'24 41 W 241.97' 05'59 09 W 163.26 *TOTAL N 09'15 00 W 325.21 N 10'54 43 E 90.39 AREA = 20.010 S.F. LEMND EX. EXISTING D.B. DEED BOOK PG. PAGE PROPERTY OF DAVID E. THOMAS k NEW 25' WATERLINE MARTHA M. THOMAS EASEMENT S.F. SQUARE FEET TAX #65.00-1-1 PROPERTY OF HARRY C. MAUNEY k MARY D. MAUNEY D.B. 1287, PG. 1428 - EX. 6" POST OAK -60.2' TAX #65.00-1-42 PROPERTY OF CHARLES W. BOONE — 11:;:11 O.B. 1401, PG. 292 Ilr::jl IC 11 It:�I 5 II:)1 T3 NOTES: 1. THIS PLAT IS FOR THE SOLE PURPOSE OF CREATING A WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT AS SHOWN HEREON AND DOES NOT CONSTITUTE AN ACTUAL BOUNDARY SURVEY. 2. THIS PLAT WAS PREPARED WITH THE BENEFIT OF A TITLE REPORT PREPARED BY MARTIN, HOPKINS, LEMON & EDWARDS, P.C., DATED 13 AUGUST 1992. 3. TOTAL AREA OF NEW WATERLINE EASEMENT = 20,010 S.F. 4. THE NEW EASEMENTS AS SHOWN HEREON MAY BE AFFECTED BY THE FOLLOWING ENCUMBRANCES: A. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 433, PG. 171. B. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 432, PG. 97. C. CHESAPEAKE & POTOMAC TELEPHONE CO. EASEMENT, D.B. 282, PG. 386. D. WATER RIGHTS do RIGHT OF WAY, D.B. 229, PG. 553. E. WATER RIGHTS k RIGHT OF WAY, D.B. 223, PG. 397. F. RIGHT OF WAY EASEMENT, D.B. 103, PG. 597. G. RIGHT OF WAY EASEMENT, D.B. 91, PG. 167. H. RIGHT OF WAY EASEMENT, D.B. 61, PG. 3. I. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 433, PG. 174. PLAT SHOWING NEW 25' WATERLINE & NEW 10' TEMPORARY LTa of*"40 CONSTRUCTION EASEMENTS �'A N:2 BEING GRANTED TO THE COUNTY OF ROANOKE B. LEE HENDERSON, JR. 41 BY r3.Q',�,a•�d= 2 CHARLES W. BOONE No. 14 1 80 ACROSS TAX #65.00-1-42 p4 St7R SCALE: 1" = 200' DATE: 9 JUNE 1993 LUMSDEN ASSOCIATES, P.C. ENGINEERS—SURVEYORS—PLANNERS ROANOKE, VIRGINIA �\ ,y TAX1P65.00-1-2 PROPERTY OF DAVID E. THOMAS k MARTHA M. THOMAS 7 W.B. 22, PG. 497 NOTES: 1. THIS PLAT IS FOR THE SOLE PURPOSE OF CREATING A WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT AS SHOWN HEREON AND DOES NOT CONSTITUTE AN ACTUAL BOUNDARY SURVEY. 2. THIS PLAT WAS PREPARED WITH THE BENEFIT OF A TITLE REPORT PREPARED BY MARTIN, HOPKINS, LEMON & EDWARDS, P.C., DATED 13 AUGUST 1992. 3. TOTAL AREA OF NEW WATERLINE EASEMENT = 20,010 S.F. 4. THE NEW EASEMENTS AS SHOWN HEREON MAY BE AFFECTED BY THE FOLLOWING ENCUMBRANCES: A. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 433, PG. 171. B. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 432, PG. 97. C. CHESAPEAKE & POTOMAC TELEPHONE CO. EASEMENT, D.B. 282, PG. 386. D. WATER RIGHTS do RIGHT OF WAY, D.B. 229, PG. 553. E. WATER RIGHTS k RIGHT OF WAY, D.B. 223, PG. 397. F. RIGHT OF WAY EASEMENT, D.B. 103, PG. 597. G. RIGHT OF WAY EASEMENT, D.B. 91, PG. 167. H. RIGHT OF WAY EASEMENT, D.B. 61, PG. 3. I. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 433, PG. 174. PLAT SHOWING NEW 25' WATERLINE & NEW 10' TEMPORARY LTa of*"40 CONSTRUCTION EASEMENTS �'A N:2 BEING GRANTED TO THE COUNTY OF ROANOKE B. LEE HENDERSON, JR. 41 BY r3.Q',�,a•�d= 2 CHARLES W. BOONE No. 14 1 80 ACROSS TAX #65.00-1-42 p4 St7R SCALE: 1" = 200' DATE: 9 JUNE 1993 LUMSDEN ASSOCIATES, P.C. ENGINEERS—SURVEYORS—PLANNERS ROANOKE, VIRGINIA EXHIBIT EX. N.P.S. MONUMENT i i i rn N / N LEGEND EX. I.P. BEARS N 70'12'00" W 2-00' �— PROPERTY OF E)L I.P. BEARS N 7012'00" W FROM CORNER #3 N 70'12'00" W 100.00' UNITED STATES OF AMERICA 59.00' (ACT.) / FROM CORNER �t3 (BLUE RIDGE PARKWAY) 60.00' (DEED) / D.B. 444, PG. 438 R/W RIGHT OF WAY / D.B. 785, PG. 169 PG. SET I.P. 3 EX. N.P.S. MONUMENT i i i rn N / N LEGEND EX. EXISTING I.P. IRON PIN N.P.S. NATIONAL PARK SERVICE ACT. ACTUAL R/W RIGHT OF WAY D.B. DEED BOOK PG. PAGE i PORTION OF / / FS� RG. LOT 18 hZ P 07 0pO' EX. 20' WATERLINE EASEMENT D.B. 1381, PG. 662 N / / / EX. 10' TEMPORARY CONSTRUCTION EASEMENT D.B. 1381, PG. 662 i i TAX X97.08-1-42 TAX #97.08-1-41 PROPERTY OF JAMES W., Jr. k MARGARETTE E. CASEY 3 D.B. 836, PG. 142 w D.B. 765. PG. 108 0 0 17,307 S.F. o co 0.397 Ac. rn � v� z EX. N.P.S. —� MONUMENT 015.87' PROPERTY OF FRANK E. MILLS D.B. 1229, PG. 320 LOT 17 MAP OF THOMAS H. BEASLEY SUBDIVISION P.B. 3, PG. 61 EX. SLOPE/DRAINAGE EASEMENT D.B. 777, PG. 586 — — 4 —SET I.P. SET I.P.—" I S 69'28'02" E 59.01 ACT.) BUCK MOUNTAIN ROAD 60.00' (DEED) VA. SEC. RTE. #679 R/W VARIES NOTES: 1. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. 2. THIS PLAT WAS PREPARED WITH THE BENEFIT OF A TITLE REPORT PREPARED BY MARTIN, HOPKINS, LEMON k EDWARDS, P.C., DATED 1 JUNE 1992. 3. THIS PROPERTY IS NOT LOCATED WITHIN THE LIMITS OF A 100 YEAR FLOOD BOUNDARY AS DESIG— NATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATE MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. 4. THE PROPERTY AS SHOWN HEREON MAY BE AFFECTED BY THE FOLLOWING ENCUMBRANCES: A. VIRGINIA do TENNESSEE TELEPHONE CO. EASEMENT, D.B. 73, PG. 38. B. APPALACHIAN ELECTRIC POWER CO. EASEMENT, D.B. 426, PG. 382. C. WATER UNE EASEMENT RESERVED, P.B. 3, PG. 61. 4. THE PROPERTY AS SHOWN HEREON IS AFFECTED BY THE FOLLOWING ENCUMBRANCES: A. COMMONWEALTH OF VIRGINIA SLOPE/DRAINAGE EASEMENT, D.B. 777, PG. 586. B. 50' EAST TENNESSEE NATURAL GAS CO. EASEMENT, D.B. 752, PG. 588. LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA rrnkuA uoj _'czar PLAT SHOWING PROPERTY (0.397 Ac.) BEING CONVEYED TO THE COUNTY OF ROANOKE Op BY �AtTH D JAMES W. CASEY, Jr. & B. LEE "A MARGARETTE E. CASEY HENDERSON, JR. y, Q a rJ' SITUATED ALONG BUCK MOUNTAIN ROAD CAVE SPRING MAGISTERIAL DISTRICT No. 1480 ROANOKE COUNTY, VIRGINIA t'�'D04 TAX #97.08-1-42 SCALE: 1" = 50' DATE: 12 MARCH 1993 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA rrnkuA uoj _'czar AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 27, 1993 ORDINANCE 72793-13 GRANTING A SPECIAL USE PERMIT TO THE TRUSTEES OF THE MASON COVE CHAPEL TO ALLOW THE EXPANSION OF AN EXISTING CHURCH BUILDING LOCATED AT 3917 OLD CATAWBA ROAD (TAX PARCEL 15.02-1-10) CATAWBA MAGISTE- RIAL DISTRICT WHEREAS, the Trustees of Mason Cove Chapel have filed a petition to allow the expansion of an existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 22, 1993; the second reading and public hearing on this matter was held on July 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of an existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the Trustees of the Mason Cove Chapel to allow the expansion of an 1 existing church building located at 3917 Old Catawba Road in the Catawba Magisterial District. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Q. 40z4"'-' Brenda J. HcFlton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Acting Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 - 7.0 620 I'I" w les t:ol 7 O :s„ 6 622 7tt VICINITY MAPJ zao u-► 0 NORTH DEPARTMENT OF PLANNING PETITIONER: MASON COVE CHAPEL AND ZONING TAX MAP NUMBER(S): 15.02-1-10 :' ` REQUEST: SPECIAL USE PERMIT TO EXPAND CHURCH AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 27, 1993 ORDINANCE 72793-14 TO CHANGE THE ZONING CLASSIFICATION OF A 0.410 ACRE TRACT OF REAL ESTATE LOCATED WEST OF 6707/6705 WOOD HAVEN ROAD (TAX MAP NO. 26.20-4-33) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF R-2 UPON THE APPLICATION OF MARTHA W. COB WHEREAS, the first reading of this ordinance was held on June 22, 1993, and the second reading and public hearing was held July 27, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 6, 1993; 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 0.410 acre, as described herein, and located west of 6707/6705 Wood Haven Road (Tax Map Number 26.20-4-33) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of R-2, Medium Density Residential District. 2. That this action is taken upon the application of Martha W. Cox. 3. That said real estate is more fully described as follows: BEGINNING at a point on the northerly side of Va. Sec. Hwy. #628 (Woodhaven Road), said point being the southeasterly corner of the property of D. S. Stephenson; thence leaving Va. Sec. Hwy. #628, and with the southeasterly line of D. S. Stephenson, N. 25 deg. 40' 05" E. 245.00 feet to a point; thence S. 68 deg. 31' 20" E. 75.20 feet to a point; thence with a new division line through the property of the grantor herein, S. 25 deg. 40' 05" W. 250.49 feet to a point on Va. Sec. Hwy. #628; thence with said Va. Sec. Hwy. #628, N. 64 deg. 19' 55" W. 750.00 feet to the point of BEGINNING, and being 0.427 acre, as shown on plat prepared by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, dated May 18, 1979; and Less and except that 0.017 acre tract dedicated for street widening purposes as set out in deed of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 1123, page 588. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens A COPY TESTE: Brenda J. 1461ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Acting Director, Real Estate Assessment Paul M. Mahoney, County Attorney U2 �9 '-07 16.1 �4 71 70 2 Y,, ,;1 . ,a. , 4 1z MAP NORTH 24 DEPARTMENT OF PLANNING PETITIONER MARTHA W. COX AM ZONING TAX MAP NUMBER(S): 26.20-433 REQUEST: REZONING from R-1 to R-2