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Home My WebLink About10/25/1994 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 POLITICAL SUBDIVISION RESOLUTION 102594-1 TO PROVIDE A 3% BENEFIT INCREASE FOR CURRENT AND FUTURE RETIREES BE IT RESOLVED that the County of Roanoke, Virginia ("County") does hereby elect to provide a 3% retirement allowance increase as provided in the Code of Virginia, Section 51.1-130, 51.1-155, 11.1-157 as applicable for its eligible current and future retirees under employer code (5-5180). BE IT ALSO RESOLVED that the County agrees to accept all liability for any current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election to provide the increase in benefits to its current and future retirees. BE IT FURTHER RESOLVED that the County elects to allow its eligible current and future retirees to receive the benefit increase effective October 1, 1994. NOW, THEREFORE, I, Lee B. Eddy, Chairman of the Board of Supervisors (the "Board") of the County of Roanoke, Virginia, and Mary H. Allen, Clerk of the Board are hereby authorized and directed in the name of the Board to execute any required contract in order that said eligible current and future retirees of the Board may participate in the benefit allowance increase as provided for in the Code of Virginia. In execution of any contract which may be required, the Seal of the Board shall be affixed and attested by the Clerk, and said officers of the Board are authorized and directed to pay over to the Treasurer of Virginia 1 from time to time such sums as are due to be paid by the County for this purpose. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens NAYS: Supervisor Kohinke, Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Skip Burkart, Commonwealth's Attorney Steven A. McGraw, Clerk of Circuit Court Gerald S. Holt, Sheriff Dr. Deanna Gordon, Superintendent, Roanoke County Schools D. Keith Cook, Director, Human Resources FI A-102594-2 Item No. D—Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE. ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: October 25, 1994 AGENDA ITEM: Hanging Rock Battlefield and Railway Preservation Foundation COUNTY ADMINISTRATOR'S COMMENTS: rJ EX UTNE SUMMARY: Staff is asking that the Roanoke County Board of Supervisors participate as a charter member of the Foundation. The Board is requested to appoint the Director of Economic Development as its representative to assist in the planning, design, and implementation of projects that will improve the historic and tourism resources of this area of the County. BACKGROUND: Interested historical groups have been meeting with County staff since the fall of 1993 to explore ways in which to better recognize the historic significance of the Battle of Hanging Rock and the Valley Railway in the Roanoke County -Salem area. The groups include; the Salem Historical Society, United Daughters of the Confederacy, Sons of Confederate Veterans, Roanoke Valley Historical Society, and National Railway Historical Society (Roanoke Chapter). The consensus is that the groups should join together under an "umbrella" organization to carry out educational, charitable, and historic preservation activities. Projects discussed included; an accessible public monument/memorial commemorating the battle, a descriptive kiosk of Valley tourism attractions, facade/appearance improvements to the commercial "strip," a roadside parking area, and development of a hikers/ biking trail to Salem using the abandoned railway line. The Articles of Incorporation of the Hanging Rock Battlefield and Railway Preservation Foundation have been drafted. Each of the above referenced organizations, the Salem City Council, and the Board of Supervisors are being requested to appoint a member to represent them. After incorporation, the members will meet and organize, develop a plan for the area, and seek resources to implement the plan. J�)-z FISCAL IMPACT: Allocate no more than $5,000 of public-private partnership funds from the Department of Economic Development. These funds should be matched with other local or private funds for master planning in the project area. No funds will be expended until a project is identified and reviewed with the County Administrator and Board of Supervisors. ALTERNATIVES: 1. Join the Hanging Rock Battlefield and Railway Preservation Foundation and allocate $5,000 as planning funds to be matched by other private and public sources. 2. Do not join the Foundation. STAFF RECOMMENDATION: Staff recommends Alternative #1 and proposes that the Director of Economic Development be appointed as the Board's representative on the Foundation. Respectfully submitted: j/�lU•t'i W - Tim thy W. Gubala, Director Economic Development Department Approved: Elmer C. Hod County Administrator --------------------------------------- ACTION No Yes Abs Approved (x) Motion by: H. -Odell Minnix Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Minnix x to Nickens x cc: File Timothy W. Gubala, Director, Econ Dev Dept Hanging Rock Battlefield and Railway Preservation Foundation File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-3 AUTHORIZING THE ACQUISITION OF 3.5009 ACRES OF LAND FROM SALEM STONE CORPORATION IN CONNECTION WITH THE DI%IE CAVERNS LANDFILL SITE WHEREAS, in connection with the cleanup of the Dixie Caverns Landfill and in order to comply with EPA regulations and standards within a specific time frame as set out in the "Administrative Order By Consent For Removal Action," it is necessary to acquire 3.5009 acres of land owned by Salem Stone Corporation, and designated on the Roanoke County Land Records as Tax Map No. 63.00-1-13; and, WHEREAS, the property is shown and designated on a plat entitled "Plat Showing Property Being Conveyed To Roanoke County By Salem Stone Corporation", dated August 17, 1994, prepared by Roanoke County Engineering Department; and, WHEREAS, staff has negotiated the purchase of said property from Salem Stone Corporation for the sum of $3,000.00; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on October 11, 1994; and the second reading was held on October 25, 1994. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire 3.5009 acres from Salem Stone Corporation for the sum of $3,000.00. 2. That the purchase price shall be paid out of the funds available for the Dixie Caverns Landfill Cleanup Project. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from 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, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Vickie L. Huffman, Assistant County Attorney John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 2 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. TAX MAP NO. 63.00-1-13 Co. SCALE:_ 1"=200' PLAT SHOWING PROPERTY BEING CONVEYED TO ROANOKE COUNTY BY SALEM STONE CORPORATION PREPARED BY. ROANOKE COUNTY ENGINEERING DEPARTMENT DATE. -2.8-17-94 0: \CM11"urshpuaEcn AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-4 AUTHORIZING EXCHANGE OF REAL ESTATE BETWEEN SHIMCHOCR'S LITHO SERVICE, INC. AND THE COUNTY OF ROANOKE WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a tract of land situate in the County of Roanoke containing 8.881 acres (Tax Map No. 28.13-1-27); and, WHEREAS, Shimchock's Litho Service, Inc. is the owner of an adjacent tract of land situate in the County of Roanoke containing 7.168 acres (Tax Map No. 28.13-1-27.3); and, WHEREAS, the Shimchock's Litho Service, Inc. has proposed an exchange of property with the County of Roanoke in order to improve site location for a proposed building; and WHEREAS, the proposed exchange of property does not conflict with the present or proposed County use of its property identified as Tax Map No. 28.13-1-27; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the exchange of said real estate was held on October 11, 1994; and a second reading was held on October 25, 1994. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, this exchange of real estate does not conflict with other public uses and will ultimately serve a public purpose; said real estate is hereby declared to be surplus for 1 economic development purposes; and, 2. That the conveyance by the County to Shimchock's Litho Service, Inc. of a 0.859 -acre parcel of real estate in exchange for the conveyance by Shimchock to the County of a 0.866 -acre parcel of real estate as shown upon a plat entitled "Plat showing the resubdivision of Tracts 11B-1" and 11B-2" (PB 10, PG. 109) creating hereon NEW TRACT 11B -1A" (7.168 AC.) PROPERTY OF SHIMCHOCK'S LITHO SERVICE, INC. and NEW TRACT 11B -2A" (8.874 AC.) PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA," prepared by Lumsden Associates, P.C., dated 3 August 1994, of record in Plat Book 17 at page 5, is hereby authorized and approved. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the exchange, all of which shall be on form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Brian T. Duncan, Assistant Director, Economic Development John W. Birckhead, Director, Real Estate Assessment Arnold Covey, Director, Engineering and Inspections 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-5 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE EXTENDING ALONG SPRING GROVE DRIVE ACROSS STONEBRIDGE PARR OWNED BY THE BOARD OF SUPERVISORS WHEREAS, Appalachian Power Company (APCO) has requested an easement for extension of underground lines across property owned by the Roanoke County Board of Supervisors, located along Spring Grove Drive and known as Stonebridge Park in the Vinton District of the County of Roanoke, Virginia; and, WHEREAS, APCO requires the easement in order to extend electric service to the subdivision of Hills of Spring Grove; and, WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. 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 October 11, 1994; and a second reading was held on October 25, 1994. 2. That pursuant to the provisions of Section 16.01 of the Charter of -Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service. 3. That donation of an easement, fifteen feet (151) in width, for an underground line(s) along each side of Spring Grove Drive across and through the property known as Stonebridge Park, as shown on APCO Drawing No. R-3059, dated July 19, 1994, to Appalachian Power Company is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSTAIN: Supervisor Johnson A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Vickie L. Huffman, Asistant County Attorney Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility E 'SPRING GROVE" SEG 6 1 BLK.I L o7- 2I SEC.6 BLK. 4 - LOT 4 COUNTY OF ROANOKE VIRGINIA T.D. 665000 VINTON MAGISTERIAL DISTRICT IMAP SEC 3780 - 256A DIETZOEN 136-M2 DTD 1629F1200/12.66 APPALACHIAN POWER COMPANY ROANOKE VIRGINIA ROANOKE DIVISION T.BD. DEPARTMENT PROPOSED RIGHT OF WAY ON PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY DRAWN BY L. M. A. I DATE JULY 19, 1994 APP. BY J.B.A.M I SCALE I"-200' SHEET OF SHEETS DRAWING NO. R - 3059 Z-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 RESOLUTION 102594-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for October 25, 1994, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes for September 13, 1994, September 15, 1994, September 19, 1994, September 26, 1994, and September 27, 1994. 2. Adoption of a Resolution Establishing Procedures for the Sale or Disposal of Surplus Real Estate. 3. Acknowledgement of Acceptance of 0.23 Miles of Fox Ridge Road and 0.09 Miles of Fox Den Road into the Secondary System by the Virginia Department of Transportation. 4. Donation of a Drainage Easement in Connection with the Falling Creek Project from Maurice C. Andrews, Jr. and Linda E. Andrews. 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 Minnix to adopt the Consent Resolution after discussion of Item #2, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections John Willey, Property Manager t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 RESOLUTION 102594-6.a AMENDING AND ADOPTING A PROCEDURE FOR THE SALE OR DISPOSAL OF SURPLUS REAL ESTATE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 85-156 adopted September 10, 1985, be, and hereby is, rescinded. 2. That the following procedure is hereby established for the sale or disposal of surplus real estate: A. Surplus County real estate shall be identified and reviewed for possible sale or disposition. Surplus property shall be made available for other public uses before permitting disposi- tion by sale in accordance with Section 16.01 of the Roanoke County Charter. This information should be kept current as necessary. B. At least annually, advertise a list of the surplus real estate available for sale, or provide such other form of public notice, at the discretion of the County Administrator. C. The Property Manager shall be responsible for showing and coordinating the data that is provided to potential bidders for this surplus property. Copies of the maps and other pertinent data shall be on file in this office. D. Upon receipt of an offer to purchase surplus real estate, this offer shall be evaluated by the County Administrator, County Attorney, and the Property Manager. The evaluation of offers and any staff recommendation shall be reported to the Board 1 of Supervisors of Roanoke County, Virginia, in executive or closed session, pursuant to Section 2.1-344.A.3. to determine the Board's position on the offer or offers. E. If the Board of Supervisors is agreeable to allowing the recommended offer to proceed, a first reading of an ordinance proposing a sale of surplus real estate shall be placed on the agenda at the next regularly scheduled meeting of the Board. This first reading shall constitute notice that a bona fide offer has been received and that other written offers may be submitted to the County Administrator until 5 p.m. the Friday preceding the next Board of Supervisors meeting when the receipt of offers will be closed. F. At the next regularly scheduled meeting of the Board of Supervisors after the first reading of the proposed ordinance, the Board may adopt the ordinance upon a second reading and accept the best offer received or it may reject all offers. Any accep- tance of an offer shall be by ordinance and shall authorize the County Administrator and County Attorney to take such action necessary to complete the transaction. G. No public disclosure of the identity of the offeror nor of the terms and conditions of the offer shall be made until the second reading of the proposed ordinance. 3. This procedure shall become effective from and after the passage of this resolution. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: N AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Xllen, Clerk Roanoke County Board of Supervisors cc: File John Willey, Property Manager John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Elaine Carver, Director, Procurement Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility 3 A -102594-6.b ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 1994 AGENDA ITEM: Acknowledgement of Acceptance of 0.23 Miles of Fox Ridge Road and 0.09 Miles of Fox Den Road into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS. SUrIlKARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation effective October 7, 1994. Hunting Hills Section 23 (1) 0.23 Miles of Fox Ridge Road (Route 1420) (2) 0.09 Miles of Fox Den Road (Route 1423) SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: G �/ Elmer C. Hodge County Administrator -------------------------------------- ACTION VOTE Approved (x)- Motion by: H. Odell Minnix Denied ( ) No Yes Abs Received ( ) Eddy x Referred ( ) Kohinke x To ( ) Johnson x Minnix x Nickens x cc: File Arnold -'Covey, Director, Engineering & Inspections 71� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET DAVID R. GEHR RICHMOND, 23219 COMMISSIONER October 7, 1994 Secondary System Additions Roanoke County Board of Supervisors County of Roanoke P.O. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: As requested in your resolution dated June 28, 1994, the following addi- tions to the Secondary System of Roanoke County are hereby approved, effective October 7, 1994. ADDITIONS LENGTH HUNTING HILLS, SECTION 23 Route 1420 (Fox Ridge Road) - From Route 1422 to 0.23 mile South- west Route 1422 0.23 Mi Route 1423 (Fox Den Road) - From Route 1420 to 0.09 mile South Route 1420 Very truly yours, David R. Gehr Commissioner TRANSPORTATION FOR THE 21 ST CENTURY 0.09 Mi 0 A -102594-6.c ACTION # ITEM NUMBER /�—y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 1994 AGENDA ITEM: Donation of a drainage easement in connection with the Falling Creek Project to the County of Roanoke from Maurice C. Andrews, Jr. and Linda E. Andrews COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This consent agenda item involves the donation of the following easement to the County of Roanoke for drainage purposes in relation to the Falling Creek Project in the Vinton Magisterial District. a) Donation of an easement from Maurice C. Andrews, Jr. and Linda E. Andrews, (Deed Book 1283, page 1755) (Tax No. 54.02-3-26) as shown on a plat prepared by the Roanoke County Engineering Department, dated September 17, 1992 and revised May 24, 1994. The location and dimensions of this property has been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION Staff recommends acceptance of this property. SUBMITTED BY: C1111V1U %-UVCyXi)irecor of Engineering & In pections APPROVED BY: MW Elmer C. Hodge County Administrator I K-4 ----------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x To Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections i' i g -q ! METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A ' COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT [AN ACCURATE BOUNDARY SURVEY. TAX MAP N0. 50.04-1-20 SCALE: 1"=50" PLAT SHOWING PROPOSED DRAINAGE EASEMENT CONVEYED TO ROANOKE COUNTY BY MAURICE C. & LINDA ANDREWS, JR. PREPARED BY: ROANO" COUNTY ENGINEERING DEPARTMENT DATE- 09-1-17- 992 PROPERTY OF WILLIAM C. & STEFHANIE MURPHEY N 89'15'27" E 106.64' 2 LOT 29 PROPOSED \ a 10' DRAINAGE O PROPERTY OF EASEMENT ROBERT W. & EUZABETH P. BROWN, JR. PROPERTY OF I � MICHAEL E & PAUL H. G. VIA LOT 30A I ^� EXISTING 20' 146 N 1i PROPERTY OF I DRAINAGE EASEMENT 1 MAURICE C. & LINDA ANDREWS, I \ TO BE VACATED JR. I S 01'4150' E 29.96' I _ 84.39' .E N 135.42 CHSmll9'W OUN� PSN .�N M TAX MAP N0. 50.04-1-20 SCALE: 1"=50" PLAT SHOWING PROPOSED DRAINAGE EASEMENT CONVEYED TO ROANOKE COUNTY BY MAURICE C. & LINDA ANDREWS, JR. PREPARED BY: ROANO" COUNTY ENGINEERING DEPARTMENT DATE- 09-1-17- 992 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 RESOLUTION 102594-7 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 Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-8 TO CHANGE THE ZONING CLASSIFICATION OF A 9.33 -ACRE TRACT OF REAL ESTATE LOCATED OFF OF CHALLENGER AVENUE APPROXIMATELY 1,000 FEET NORTH OF THE ROANOKE CITY LINE (TAX MAP NO. 50.01-1-2.2) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1 CONDITIONAL TO THE ZONING CLASSIFICATION OF I-1 WITHOUT CONDITIONS UPON THE APPLICATION OF DAVIS H. ELLIOTT COMPANY, INC. WHEREAS, the first reading of this ordinance was held on September 27, 1994, and the second reading and public hearing were held October 25, 1994; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 4, 1994; 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 9.33 acres, as described herein, and located off of Challenger Avenue approximately 1,000 feet northeast of the Roanoke City line, (Tax Map Number 50.01-1-2.2) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Conditional, Industrial District, to the zoning classification of I-1, Industrial District. 2. That this action is taken upon the application of Davis H. Elliott Company, Inc. 3. That the owners voluntarily proffered in writing the 1 following conditions approved by the Board of Supervisors in January of 1988, which the Board of Supervisors hereby amends as follows: Gente3F, whieh were Preffer-ed, shall be amended t8 apply te the -M-4 users, speeif-le devel-epment te Seetlen 21 e€—the rear aereage--speeifie—te 42 2 Paragraph A (3:) and (s) and ene uses- The gens , -Building Faeades-- and ---Signs. he amendments eF=-Davis H. E11jett--Ee. ,-!me--vehieles. Mr eF=-Davis H. E11jett--Ee. ,-!me--vehieles. H}9dated-August 4, 1986, min 1- s. 4. That said real estate is more fully described as follows: Starting at a point in the southerly right-of-way of U.S. Route 460 and being shown as Corner No. 1 on Subdivision of Perimeter East Commerce Center, Phase I (PB 10, page 113); thence leaving the right-of-way of U.S. Route 460 and with the property of Nancy G. Creasey, et als. (WB 386, page 729), S. 65 deg. 44' 53" E. 257.76 feet to the Point of Beginning; thence leaving the Creasey property and with the southerly line of Lot 3 of Perimeter East Commerce Center, N. 38 deg. 21' 11" E. 224.01 feet to a point in the westerly line of Lot 2; thence leaving Lot 3 and with the line of Lot 2, S. 51 deg. 38' 49" E. 36.50 feet to a point; thence still with Lot 2, N. 38 deg. 31' 1111 E. 300.00 feet to a point in the westerly line of a 50 -foot right-of-way; thence leaving Lot 2 and with the right-of-way of a cul-de-sac whose radius is 50.00 feet, whose arc is 261.80 feet and whose chord is N. 38 deg. 21' 11" E. 50.00 feet to a point in the easterly right-of-way; thence with said right-of-way, N. 51 deg. 38' 49" W. 36.50 feet to a point; thence leaving said right-of-way and with the southerly line of Lot 1, N. 38 deg. 21' 1111 E. 204.93 feet to a point; thence leaving Lot 1 and with the Virginia H. Davis property (DB 639, page 125) , S. 38 deg. 17' 08" E. 227.05 feet to a point; thence continuing with said Davis property, N. 79 deg. 42' 48" E. 135.67 feet to a point; thence leaving said Davis property and with the property of Dr. Richard H. Lowe, Jr. (DB 1105, page 512), S. 1 deg. 55' 48" E. 756.43 feet to a point; thence continuing with the Lowe property, S. 71 deg. 38' 05" W. 202.63 feet to a point; thence leaving the Lowe property and with the property of Nancy G. Creasey, et als, N. 21 deg. 11' 35" W. 125.91 feet to a point; thence continuing with said Creasey property, N. 65 deg. 44' 53" W. 598.08 feet to the Point of Beginning of Jack F. Walrond, Jr. (DB 1259, page 1702) as shown on Subdivision of Perimeter East Commerce Center, Phase I as prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated 23 October 1987 and recorded in Plat Book 10, page 113. 5. 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. 3 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, 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 4 k --- zoo j .,9oo Ty VICINITY MAP C/Ty Ci/y o F ova ON/OKE' \\ S -1 PJM A. DEPARTMENT OF PLANNII�'G /Af�� y AND ZONING TA-.leMAPs- : 5o. of — /— 2. 2:: of � 1�L?✓ GS/ � ,{,w ,r": �O Wo - lff7 .o.M /rrlT7o.tlCR: CD. DA✓is hf. F..�L/aT t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-9 AMENDING ORDINANCE 51193-7 AND SECTIONS 18-156.2 AND 18.156.3 OF THE ROANOKE COUNTY CODE CONCERNING THE PROCEDURE TO ENFORCE THE PROHIBITED DISCHARGE OF STORMWATER, SURFACE WATER, GROUNDWATER, ROOF RUNOFF OR SUBSURFACE DRAINAGE INTO THE PUBLIC SANITARY SEWER SYSTEM, BY ESTABLISHING CERTAIN CATEGORIES OF VIOLATIONS FOR PURPOSES OF ENFORCEMENT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, had previously adopted a procedure to enforce the prohibited discharge of stormwater, surface water, groundwater, roof runoff, or subsurface drainage into the public sanitary sewer system by Ordinance No. 51193-7 and it is now necessary to make certain amendments to that Ordinance; and WHEREAS, the first reading of this ordinance was held on September 27, 1994; and the second reading was held on October 25, 1994. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following sections of Chapter 18, "Sewers and sewage disposal" be amended to read and provide as follows: Sec. 18-156.2. Determination by Utility Director. (a) The Utility Director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with respect to the actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. 1 (b) A determination with respect to an actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following categories: .(1) Category I defects are defined as direct connections (inflow) to the public sewer of summa Rumps (including overflows) holes in floor drains downspouts, foundation drains and other direct sources of inflow (including but not limited to visible evidence of ground/surface water entering drains through doors or cracks in floors and walls) as noted during field inspections by the Roanoke County Utility Department 2 ja Category II defects are defined as leaking or sheared laterals or any other sources o infiltration as noted during field inspections by the Roanoke County Utility Department (3) Category III defects are considered to be potential or minor defects that do not adversely affect the sanitary sewer system at the present time. (c) The Utility Director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of Section 18-156 of this Code. This noting Ahnii AAat-r;re nature of the violation, j _— ____ �.��...�y..., asaa �.av , 0.116 corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection (a) For structures or property with actual or potential discharge, ltratien er inflew d to d L -� e�e-b e�T--emeesci--o= considered to be a Category I defect, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the 3 public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c). then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 4Q89 100 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential dischargeinflew a L e be less than 1,GGG galleas per day but more than 500 gallenB Per day into the ptib sanitary sewersystem-,- considered to be a Category II defect, the sewer user, property owner or other responsible person shall be given six months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary 4 sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 44-G6 50 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with actual or potential discharge considered to be a Category III defect the sewer user, property owner or other responsible person shall be notified of the results of the inspection. Re airs of these defects will be considered voluntary at this time Properties with Category III defects will continue to be monitored and if the Utility Director, or his designee determine that the condition changes the responsible person shall be so notified. rat e determined te belessthan 599gallens per day, but mere than 299 gallons-per-ate- he-publ sewer system, the sewer e aetivitles er€aellitlea 5 1 diseharge, infiltratien ee-inf=ew determined te be less than 299 gallens per day, but faere than an-atpreved by the Utility Direete , er his Elesignee, user, preperty ewner er ether within menths frem the date ef the neti Wed in See. 18 , then the Geunty shaii impe, ether respeesible persen per menth untli the required e upen the sewer a faenthly sure eerreetive user, arge measures prgerty in the are -mean eempleted e fner er er$&0 and the faenth 1 sue terminate the water and Elue and payable -sewer a enteet i ees- ken and tyre --Ge s ervi-ee ,. to the preperty, and diseenneet after perleds e€- heavy the eustefaer frem rainfall esult the gii-aetual-erpetentia system. During and Utility rte; reeter faay in sewer-eeeneetiee to preteet-- his diseret=en the -publie sewer tefaperar; system i y terminate and ether the sewer diseharge, infiltratien ee-inf=ew determined te be less than 299 gallens per day, but faere than So gaii-..- ee- day inte the pub sanitary sewer system, the seifel- user, preperty ewner er ether , 3 e --sanitary ewe system. —s€ infiltratien er inf=ew-ixte the -pubile-sanitary sewer syste-a tee net eerapleted and ed by the Utility Direeter, er--h s designee with' ---thsfrem the -date -ef the netlee provided ift See. 18 -156.2 (e) , then the Geunty shall i - Pen the sewer , party falls te pay the menthly sureharge when due and payable, then the Geunty shal-I terminate the water and sewer eenneetlens and preperty, and -dz-seenneet-- the -eustemer frera --the system. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors 7 cc: File Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Gerald S. Holt, Sheriff Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Magistrates Sherri Krantz/Betty Perry John H. Cease, Police Chief John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael Lazzuri, Court Services 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-10 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE BY ENACTING THE ROANOKE RIVER CONSERVATION OVERLAY DISTRICT WHEREAS, the first reading on this ordinance was scheduled for September 27, 1994; the second reading and public hearing was scheduled for October 25, 1994; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 4, 1994; and, WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The following would be added to the listing of districts established by the zoning ordinance at the bottom of the listing of Special Purpose Districts. SEC. 30-6 ESTABLISHMENT OF DISTRICTS (A) Special Purpose Districts RRCO Roanoke River Conservation Overlay District The following definitions would be added to the definitions section in alphabetical order. SEC. 30-28 DEFINITIONS (C) BEST MANAGEMENT PRACTICES - A practice or combination of practices that is determined by the appropriate state agencies to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. :.: LAND DISTURBING ACTIVITY - Any land change which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land. Activities exempted under the definition of a land disturbing activity in the Erosion and Sediment Control Ordinance shall likewise be exempted from the requirements of Section 30-75. SHORELINE - The shoreline shall be the boundary line between a body of water and the land. This line shall consist of the sloping margin of, or the ground bordering, a stream and serving to confine the water to the natural channel during the normal course of flow. It is best marked where a distinct channel has been eroded to the valley floor or where there is a cessation of land vegetation. VEGETATIVE BUFFER - Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse intended to filter out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse. The new Conservation Overlay District would be inserted into the zoning ordinance as Section 30-75 as follows: SEC. 30-75 RRCO ROANOKE RIVER CONSERVATION OVERLAY DISTRICT Sec. 30-75-1 Purpose (A) The intent of this section is to establish a Conservation Overlay District along the Roanoke River. The purpose is to recognize and designate the river corridor as a cultural and recreational resource, critical floodway, water source and important natural habitat worthy of coordinated conservation efforts and to take those measures necessary to protect this resource. This is consistent with the 1985 Comprehensive Plan as amended in December 1990 to incorporate the analysis, conclusions and recommendations of the Roanoke River Corridor Study dated August 1990. It is the premise of these provisions that certain specific land uses pose a danger to this water resource and should be avoided. In addition, through careful planning and design, clearing and grading activities or similar activities that disturb or destroy site vegetation can be minimized, with the goal that the natural vegetation, features and qualities of sites and properties along the Roanoke River corridor will be retained to the maximum extent possible. Finally, through implementation of additional erosion and sediment control practices, the maintenance and installation of buffer strips of natural vegetation, and use of Best Management Practices, the impacts of excessive soil loss and adverse effects of non -point source pollutants on the water quality of the Roanoke River can be minimized. Sec. 30-75-2 Creation of Overlay (A) The requirements of this Section shall be considered an overlay to the underlying zoning district designations as shown on the Official Zoning Map. As overlay regulations, this 2 Section shall be supplemental to the underlying zoning district requirements contained in Article III of this ordinance. (B) The Roanoke River Conservation Overlay District shall consist of all lands located 7W go feet landward from the 100 yeaFgeed-plain ftoft of the Roanoke River, as-establi8 F1 SeGtieiti 30 7-4 -4 Of thiS s#�ed , and all lands located MQ feet landward of the shoreline of the North Fork of the Roanoke River to its intersection) with State Route 697 (Sandy Ridge Road). Sec. 30-75-3 Applicability and Administration (A) &xeept as exempted 9F WaiY8d belew in SeGt;eR 30:763 6, these FeqUeFemeRtS Sanitary landfill. 5. Construction debris landfill. shall cap* {�} Within the Conservation Overlay District any land disturbing activity exceeding 2,500 square feet shall comply with the requirements of the Erosion and Sediment Control Ordinance of the County of Roanoke, unless exempted or waived in accordance with Section 30-75-6 below. (0) This district shall be administered through the Site Plan Review process required under Section 30-90 of this ordinance. Land disturbing activity not subject to Site Plan Review shall be administered through existing zoning permit processes in conjunction with the requirements of the Erosion and Sediment Control Ordinance requirements. (B) Nothing in the district shall in any way affect full compliance with the requirements of the Floodplain Overlay District contained in Section 30-74. Sec. 30-75-4 Permitted Uses and Use Restrictions (A) The uses permitted in the Conservation Overlay District shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise prohibited below. (B) The following uses shall be prohibited within the Roanoke River Conservation Overlay District: f2- Commercial Feedlots. �. Drilling for oil or gas. 4. Sanitary landfill. 5. Construction debris landfill. 3 6. Minor or major automobile repair services. . Scrap and salvage services. Z-`8. Underground storage of any chemical or petroleum products for commercial or industrial purposes. rfrr::shl<:� :tertai the:::#ua`o 9. The application, depositing, spreading or spraying of any hazardous or toxic chemical and/or biological materials or substancesMzr rori€, except Land application of sewage sludge or effluent and associated activities, and/or reclamation of sewage and industrial wastes. This prohibition shall not pertain to approved Waste Water Treatment Plants. Sec. 30-75-5 Development Regulations (A) Setbacks - Except as otherwise provided in this section, no building or structure, nor any fences and/or walls, other than those determined to be necessary by the Administrator, shall be constructed: 1. In the 100 year floodplain, OR 2. within 100 feet of the shoreline of the Roanoke River, whichever is less. (B) Vegetative Buffers - 1. General Provisions: a. A 100 -foot vegetative buffer area shall be retained and maintained if present or established and maintained where it does not exist. This buffer area shall minimize the adverse effects of land use activities on the Roanoke River and aquatic life by retarding runoff, preventing erosion, and filtering non -point source pollution from runoff. b. In lieu of the 100 foot buffer area, an alternative buffer area may be employed, if approved by the Administrator. The reduced buffer areas may either: 4 Consist of a combination of buffer area not less than 50 feet in width, and appropriate Best Management Practices located landward of the buffer area, OR ii. if the lot was existing at the time of adoption of this ordinance and does not contain sufficient depth to provide the required buffer strip, the buffer strip may be reduced to 50% of the available lot depth if Best Management Practices are utilized. C. Whenever the applicant proposes to reduce the 100 foot vegetative buffer area, the Erosion and Sediment Control Plan shall show how the proposed reduction, in combination with Best Management Practices, achieves at least the equivalent water quality protection, pollutant removal, and water resource conservation effect of a 100 -foot buffer area. d. The required vegetated buffer area shall be located adjacent to and landward of the Roanoke River shoreline. e. Within the required buffer area, no vegetation may be cleared or otherwise significantly disturbed, no grading or excavation work may be performed, and no structures, fill, paving, or other materials may be placed except as shown on the approved Erosion and Sediment Control Plan. f. Run off from new development shall be directed towards areas covered with vegetation for surface infiltration catch basins, avoiding channeling and preventing concentrated flows of surface water. Piped storm sewers may be permitted only where other methods are determined to be infeasible by the Administrator. 2. Performance Criteria: a. In order to maintain the functional value of the buffer area, indigenous vegetation shall be preserved to the maximum extent possible. b. Removal of vegetation within the required buffer area will be allowed only in accordance with the following provisions: Trees may be pruned or removed as necessary to provide limited sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and filtering non -point source pollution from runoff. Dead, diseased, or dying trees may be removed and silvicultural thinning may be conducted based upon the best available technical advice of a professional forester. 5 C. All exposed areas within the required buffer area shall be revegetated with appropriate riparian, erosion controlling plant material. Riparian vegetation is plant material which naturally occurs along the river and is suited to the isreelienate within the community. d. With the approval of the Administrator in consultation with the Department of Engineering and Inspections, riprap or other manmade materials may be used in conjunction with vegetation to stabilize riverbanks only where it is shown that vegetation alone will not stabilize the bank. e. Access paths shall be constructed and surfaced so as to effectively control erosion. (C) Agricultural Buffer Area Requirements - 1. On land in agricultural use, a 100 -foot vegetative buffer area shall be retained and maintained if present or established and maintained where it does not exist. 2. Agricultural lands in hayland or pasture land uses shall be deemed to comply with buffer area requirements as long as that portion of the hayland or pasture land within the 100 -foot buffer is managed in accordance with the Best Management Practices Handbook for Agriculture. 3. The agricultural buffer area may be reduced as follows: a. to a minimum width of fifty (50) feet when Best Management Practices which meet specifications of the Best Management Practices Handbook for Agriculture are applied on the adjacent land, provided that the combination of the reduced buffer area and Best Management Practices achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100 -foot buffer area; OR b. to a minimum of twenty-five (25) feet when a soil and water quality conservation plan, as approved by the Soil and Water Conservation District, has been implemented on the adjacent land, provided that the combined buffer area and Best Management Practices achieve water quality protection at least the equivalent of that provided by the 100 -foot buffer in the opinion of the Soil and Water Conservation District Board. Such plan shall be based on the Best Management Practices Handbook for Agriculture and accomplish water quality protection consistent with this ordinance. 4. The - agricultural buffer area shall be managed to prevent channeling or concentrated flows of surface water from breaching the buffer area. 5. The Best Management Practices Handbook for Agriculture is intended to provide a list of options for meeting buffer area requirements. Without preference to a given practice, a selected Best Management Practice or combination of practices may be used to achieve the equivalent of the 100 -foot buffer. Sec. 30-75-6 Exemptions and Waivers (A) Exemptions - The following development activities are exempt from the requirements of the Conservation Overlay District: 1. Any land disturbing activity under 2,500 square feet in area; or 2. any maintenance, alteration, use or improvement to an existing structure not changing or affecting quality, rate, volume or location of surface water discharge, or involving the destruction of sensitive natural resources as determined by the Administrator; or 3. emergency removal of debris resulting from floods or other natural disasters, as deemed appropriate by the Director of Engineering and Inspections; or 4. silvicultural operations that adhere to water quality protection procedures prescribed by the Department of Forestry in its 'Best Management Practices Handbook for Forestry Operations." (B) Waivers - .......::...:...:.:......................... . waiver of the requirements of the ordinance ::::": {> >�. '41 ; :. for installation of remedial lot stabilization, public roads, water dependent structures, utilities, rail lines, water wells, passive recreation, historic preservation, archaeological activities aad€� other public a ::.::.::.>:.:.:.:.::.;::::..;:::;:;.>: ,., tiias ' may be obtained b Y Y submitting an application on forms supplied by the Administrator and shall contain the following information: 1. the name, address and telephone number of the developer and owner; 2. a description and a drawing of the proposed development; 3. the location of the development; and 4. any other information required by the Administrator that is reasonably necessary to evaluate the proposed development. The Administrator may grant a waiver if the application demonstrates that: 1. Any required permits, except those to which this waiver specifically applies, shall have been issued; 2. sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; 3. the intended use does not conflict with nearby planned or approved uses; and 4. any land disturbance exceeding an area of 2,500 square feet shall comply with all County erosion and sediment control requirements. 2. That this ordinance shall take effect from and after January 1. 1995. On motion of Supervisor Nickens to adopt the ordinance eliminating prohibition of resource extraction and reduction of district to 500 feet from the shoreline, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: �• Mary H. Allen, Clerk Roanoke County Board of Supervisors 8 cc: File Terrance L. Harrington, Director, Planning & Zoning Circuit Court G. 0. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Gerald S. Holt, Sheriff Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility Magistrates Sherri Krantz/Betty Perry John H. Cease, Police Chief John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance 0. Arnold Covey, Director, Engineering & Inspections Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael Lazzuri, Court Services E El AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 ORDINANCE 102594-11 AMENDING SECTION 9-16. INCORPORATION OF STATEWIDE FIRE PREVENTION CODE AND SECTION 9-21. AMENDMENTS OF ARTICLE II. VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9, FIRE PREVENTION AND PROTECTION, AND SECTION 12-51 PENALTIES FOR PARKING VIOLATIONS OF ARTICLE III. PARKING OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE IN ORDER TO ADOPT THE LATEST EDITION OF THIS CODE AND TO INCREASE CERTAIN PERMIT FEES AND FINES WHEREAS, Article II. VIRGINIA STATEWIDE FIRE PREVENTION CODE of Chapter 9, FIRE PREVENTION AND PROTECTION, of the Roanoke County Code was adopted in 1991 in order to incorporate by reference the 8th Edition of the Statewide Fire Prevention Code adopted by the State Board of Housing and Community Development; and WHEREAS, the State Board of Housing and Community Development has adopted the latest, 1993, edition of this Code, effective April 1, 1994; and WHEREAS, it is the current intention of the Roanoke County Department of Fire and Rescue to implement the latest edition of the Statewide Fire Prevention Code as it shall be adopted by the State Board of Housing and Community Development; and WHEREAS, the Department of Fire and Rescue has requested an increase in certain fees permitted under this Code to more adequately reflect the administrative and personnel costs associated with such permits; and WHEREAS, the first reading of this ordinance was held on October 11, 1994; and the second reading and public hearing took place on October 25, 1994. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 9-16. Incorporation of statewide fire Prevention code, of Article II. Virginia Statewide Fire Prevention Code, of Chapter 9, FIRE PREVENTION AND PROTECTION of the Roanoke County Code be amended and reenacted as follows: Sec. 9-16. Incorporation of statewide fire prevention code. Pursuant to the provisions of section 27-98 of the Code of Virginia, 1950, as amended, Roanoke County shall enforce the Virginia Statewide Fire Prevention Code as written with amendments. This Statewide Fire Prevention Code, 8th Editien, was adopted by the State Board of Housing and Community Development with effeetive—date of April 15, 1991, and said board promulgated certain regulations and procedures to accomplish the adoption and enforcement of this code. The Virginia Statewide Fire Prevention Code is incorporated herein by reference as fully as if set out at length herein. The regulations set forth herein shall be known as the Fire Prevention Code of the County of Roanoke and shall be referred to as such or as this code. Sec. 9-21. Amendments. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to section 27-97 of the Code of Virginia in the f .......................:................................................... ollowing respects 2 (2) Insipection by others. Add subsection F- 192-1-1 as follows: ................ "The chief of the fire department may designate such other persons as he deems necessary to make fire safety inspections. Such persons shall use the Virginia Statewide Fire Prevention Code and this code as the basis for such inspections." (3) imr)ersonation. Add subsection F-3:92.1.2 as follows: "It shall be unlawful for any unauthorized person to use a badge, uniform or any other credentials so as to gain access to any building, marine vessel, vehicle, or premises, or to otherwise falsely identify himself as the fire official or his designated representative." (8) Applied BE WerEIS -..d tet -as ... .. MM Add to section F -241-,G fi4 .... MU the following words, terms and meanings: "Fire Lanes: An area designated by clearly visible signs in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting and rescue equipment and facilities." (9) F -40a -r -G 4' Torches for the removal of Paint. Add the following words to the title: "or sweating pipe Joints." (10 ) F-443-.4Sweating Joints. Add the following subsection "Any person using a torch or other flame producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity where the sweating is done one (1) approved fire extinguisher or water hose connected to a water supply. Combustible material in close proximity to the work shall be protected against ignition by shielding, wetting or other approved means. In all cases, a fire watch shall remain in the vicinity of the sweating operation for one-half (1/2) hour after the torch or flame producing device has been used." (11) F-3494 3.1. Permit required Add subsection F-3.63 '#)x.3.1 Y.fx as follows: "A permit shall be obtained from the fire official prior to using a torch or other flame producing device for sweating pipe joints in any building or structure." (12) F-333.1. Designation Delete and substitute as follows: "The fire official shall designate fire lanes on public streets and on private property where necessary for the purpose of preventing parking in front of or adjacent to fire hydrants and fire department connections and to ensure access to buildings and structures for fire fighting and rescue apparatus. Fire lanes shall have a minimum width of eighteen 0 (18) feet (5486 mm)." (13 ) F-313:. 4 , Signs and markings Add section F-313'. 4 as follows: "The property owner or designee shall supply and install signs and other required markings to delineate fire lanes as directed by the fire official." (14) F-31311'.".5 Specifications Add section F-313:.5 as follows: "Fire lanes shall conform to the following specifications: (A) The design of such signs shall conform to the state manual on uniform traffic -control devices and shall include the language "No Parking --Fire Lane." (B) Signs designating fire lanes shall be located so as to provide at least one sign at the beginning, one sign at the end, and one sign for every one hundred (100) feet segment of fire lane space. Should the fire marshal determine that additional signs are necessary, the owner or agent of the property shall provide the same. All such signs shall be maintained in proper position and sufficiently legible to be seen by an ordinarily observant person. (C) Fire lane signs shall be placed as follows: (1) Pave edge to sign edge: Rural: Not less than 6' nor more than 101. 5 Urban: Not less than 1' nor more than 31. (2) Curb face to sign edge: Rural: Not less than 1' nor more than 31. Urban: Not less than 1' nor more than 31. (3) Pavement top to sign bottom: Rural: 5'. Urban: 7'. (4) Curb top to sign bottom: Rural: 5'. Urban: 7'. (D) Posts for fire lane signs, where required, shall be metal and securely mounted. (E) The curb of all fire lanes shall be painted yellow. In the absence of a curb, the pavement edge shall be painted yellow. Any existing marking in the area designated as a fire lane shall be obliterated or painted over in a manner approved by the fire marshal." (15) F-313.1.6. Where fire lanes are designated at fire hvdrant line or edge of the road and face on a public street, a public parking lot or a private road open to the public, parking within fifteen (15) feet is prohibited. (2) A special curb marking designated areas established pursuant to (1) above, shall be required and shall be yellow. (3) No planting, erection or other obstruction shall be allowed within four (4) feet of the fire hydrant. (4) All hydrants shall be painted in accordance with standards established by the fire marshal." F-3igj.1, Cooking devices on or under balconies # ' yy�� rr f r.. •::y'::5:.rt "No charcoal cooker, brazier, hibachi or grill, or any gasoline or other flammable liquid of liquified petroleum gas- fired stove -}i;_ or similar .....:...:.......:....................::.::;:.»•.'�.�•..:.M.;:•::.;::>:::::>::>: r device shall be ignited or used on or under the balconies of any apartment buildings€'>ts7r1Gi or similar :...Nh:....::..:...:......::::...........:.......... occupancy which are constructed of combustible materials. The management of such occupancies shall notify its tenants in writing of this code requirement at the time the tenant initially occupies they apartment and from time to time as necessary to ensure compliance." 7 (18) F-3001.3 Permit required :.•..,,,,�,..�:fi:N:�:zx}•:,,.�%su..vr�,,:ns,,,wz:�rM•� ..w,:. ,y;:.v:::.k. 4 }}TTx}•:.}... 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I•��{��•:: � f.: : ........:..............v...✓ai:::rv>:?.n....,,::.n?•}:::t::::2:.:::s:::c:>.£.::f::r::s::s•.':�:::.:;2},:S:tt:>i.::✓r.:,T,a:::.,•:::'+:k2tc:i}••::r:::.:riffff.••x+;.T%i}iiiiiic: n::ttflca .. ................. :..... :........ x.;: {.vS}:,v:,: •.}•:}}:•:•i' :::: ff ':}M.}?::j. ••;:i{•%: ;�.},v...r?ti?{{vv}}}':?r v;^:• r?{•;{?::.}•:: {{: • x:x •r yyl�yy��ii'' ....:.......:::::.,:::::::..:::::::::::::::::::::.�.,•::.v:::..v::.::?.T:•}:•}:•%•%:;�+::r,.f„+:zs:::i::::�•%::•.•'%s}r:<:;--s-:�oc .�',a,.i%�;�::>��.'�i,.,.�7;.,�i.7iFMs.�.��'kJ' c?'V rr.�nt+{r y!�},w„{{.;�»5:1?y;�•:;xi?j•:: 'r{,;}rT.;x;: ..................................w.n:l::::risi::::iiti::ti>.irr"ini::::::'ri::::•:::ti....A. i....................v 2. That Section 12-51. Penalties for Parking Violations of Article III. Parking of Chapter 12 MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code be amended and re-enacted, as follows: Sec. 12-51. Penalties for parking violations. Any person violating any of the provisions of this article shall be deemed guilty of a traffic infraction and, upon conviction thereof, shall be fined according to the following schedule: Parking in fire lanes, in front of fire hydrants or fire or rescue building . . . . . . . . . . . . .'..� . . . 3. This ordinance shall be in effect from and after November 1, 1994. On motion of Supervisor Nickens to adopt the ordinance, and 8 carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: -)4/. 0-z�� Mary H. Allen, Clerk Roanoke County Board of Supervisors �j cc: File Donald W. Gillispie, Fire Marshal, County of Roanoke T. C. Fuqua, Chief, Fire & Rescue Circuit Court G. 0. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, 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 0. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 251 1994 ORDINANCE 102594-12 AMENDING AND REENACTING ORDINANCE NO. 2308 WHICH GRANTS TO BOOTH AMERICAN COMPANY OF DETROIT, MICHIGAN, D/B/A SALEM CABLE TV, THE RIGHT, FOR THE TERM AND UPON CERTAIN CONDITIONS HEREIN STATED TO ERECT, CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION (CATV) SYSTEM AND TO USE THE STREETS, ALLEYS AND PUBLIC WAYS IN CERTAIN SPECIFIC AREAS OF ROANOKE COUNTY, VIRGINIA= ESTABLISH CONDITIONS CONTROLLING THE EXERCISE OF SAID FRANCHISE AND THE SALE AND DISTRIBUTION OF CATV SERVICES. WHEREAS, by Ordinance No. 2308, adopted May 22, 1979, the County of Roanoke granted unto Booth American Company of Detroit, Michigan, doing business as Salem Cable TV, a franchise for a term of fifteen (15) years from the date that necessary authorization was obtained from the Federal Communications Commission (FCC) to operate a community antenna/cable television (CATV) system; and WHEREAS, in contemplation of the expiration of this franchise term in 1994, negotiations have been ongoing between members of the Board of Supervisors and county staff and representative of Booth American Company which have resulted in an agreement for appropriate amendments to said Ordinance No. 2308 in accordance with the mutual agreement to extend the term of this franchise for an additional five (5) years; and WHEREAS, Booth American Company d/b/a Salem Cable TV is prohibited by federal law from operating a community antenna or cable television system within the territorial limits of Roanoke County without a franchise agreement or extension as defined by federal law and by Ordinance 62894-5, the Board of Supervisors extended the current franchise for a period of 120 days from July 1, 1994; and WHEREAS, the first reading of this ordinance was held on October 11, 1994; and a public hearing and the second reading on October 25, 1994. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: (1) That Ordinance No. 2308, adopted effective June 21, 1979, be amended and reenacted as follows: 1. Term. The term of the franchise is extended and renewed for a period commencing with the effective date of this Ordinance and ending on October 4, 1999. 2. Franchise Fee. The Grantee shall pay to the County five percent (5%) of the Grantee's Gross Subscriber Revenues. w}}:•}}}};.v:.yt:•:yJ4]?:?:n}}%^$?+?::ry}vi.;.•r:•.:•n:.x•:y v. rr?.i�'?:J,:•:•}}}}•.: : yry?:+. ..;:: Jf,.•;}:•Xx,:Jr•' ;}' ;J,.•W..^\ 0 0 :<<: :.•:%;: . :::: ••, ..... .....,.:::.K:J+:::::::.::f::::, :::: • .:rr.:.::::r<:,>:Jr<sf's'•`'s �::�;,:4r..:.:>..f' •� +• �• �c ...:N%??•i}:?.:•i}r:?v>i'r%i!!JY/.L!/nW'n+.;...;•::i::::::::::.i•::::::.•�'�::: }:: : ... .•}::•::.y.:.. ;• w • .?:??.}:•}}:•}•••: r ryJ ; ::...N + +rr:..? }:•:;:'t;y%?..,.;?.,.w f.;::,.:. is •:: •:: �??no;;?r { u{?� f,.q,•. f a/ •. rrxr.........};;;w,,,:,:„r..'n.n:.x://i%�$:v �ti�:%:i'.tii?::i:•iiiiiiiv �Yiriii}iiG•'}:�:•iiii:�i:�:�::::::::•::::•�••••••••••••.v''iiiiiiiiiir: }:ri•}:•}h�OG'+i4Y,L� 'q"I�L .. .•}:yp}: r��ycr.?„ ,�mryc%?n}.. arx J t�;:;:+ +c.x•:?•%;}:r.:aor •? S":k%�}�C}'r+:tvw• . r::.r}.r:r:}r:.:c:,+}.#fGi• ///,a}.•x;,S:;rr7'?':tixi•::+:s:::'J:::•;•;;:i}:4�;•:•:;•.aG:+ii%k�:::.:;>,'✓ii;;G:ifG•liJ,'Gi�w:+:'•;';: ?+-' Granteemayinelude this cemeunt j:R—j:tsb1:119 to Bubseribers Upen the e f f ee t ive-date-ef-thisAmendment 3. Interconnection. If technically feasible, the Grantee shall interconnect its Cable Television System with the cable television system operated in the County by Cox Cable Roanoke, Inc., no later than January 1, 1997. Immediately following the effective date of this Amended Ordinance, the Grantee shall institute negotiations with Cox Cable Roanoke, Inc. in order that all costs may be shared among the cable companies for 2 x;` both the construction and operation of the interconnection link. The Grantee may be granted reasonable extensions of time to interconnect, or the County may rescind this requirement to interconnect, upon petition by the Grantee to the County. The County shall grant such request if it finds that the Grantee has negotiated in good faith and has failed to obtain an approval from Cox Cable Roanoke, Inc., of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates. 4. Access Channel. The Grantee shall provide the County one (1) downstream public education and governmental access channel no later than December 1, 1994. This access channel shall be located on Channel 3. S. Capital Grant. The Grantee shall provide a capital grant to the County for acquisition of equipment to be used by the County, in the amount of Forty Thousand Dollars ($40,000.00). The capital grant is to be used by the County for access purposes only and shall not be considered to be part of the franchise fee. The Grantee shall pay the capital grant to the County in three equal installments of Thirteen Thousand Three Hundred Thirty Three Dollars and 33/100ths ($13,333.33) each with the first being due on January 1, 1995, the second on January 1, 1996, and the third on January 1, 1997. The 3 Grantee may reflect this capital grant in bills to its subscribers commencing with the bill for January, 1995. 6. Free Basic Service. The Grantee shall provide basic service without charge to each governmental building, fire station, police station, library or school building within the Franchise Area. One standard drop and one converter (if needed) per building shall constitute compliance. In the event new schools or governmental buildings are constructed in the Franchise Area, the County shall notify the Grantee at the time the construction contract is awarded so that cable service can be installed at the time the new building opens for use, provided, however, Grantee need not provide service in the event the building is in an area which Grantee would not be required to serve pursuant to the line extension policy set forth below. 7. Line Extension policy. Grantee shall offer cable service to all occupants of any area of the Franchise Area with a density of 25 Housing Units or more per mile served by aerial plant within six months of such request by the County. Grantee shall offer cable service to all occupants of any area within the Franchise Area with a density of 40 Housing Units or more per mile served by underground plant within 12 months of such request by the County. Computations of density shall take into account any 4 connecting lines required to serve such areas, if not contiguous to the existing Cable System, as well as any Housing Units passed by such connecting lines. S. Aerial Drops Exceeding 150 Feet. With respect to requests for connection requiring an aerial drop line in excess of one hundred fifty (150) feet, the Grantee must extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the Grantee for the distance exceeding one hundred fifty (150) feet. 9. Franchise Area. "Franchise Area" shall mean the following: a. All of the Catawba Magisterial District except for the area south of I-81 and east of Route 419. b. That portion of the Windsor Hills Magisterial District which includes the west side of Reagy Road to Walton Lane and from Walton Lane southwest to the Catawba Magisterial District including Fairway Forest Subdivision. 10. Reservation of Rights. Both the County and the Grantee expressly reserve any and all rights which each has under federal or state law including, but not limited to, the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992. G� 11. Enforcement. No later than the effective date of this Franchise the Grantee shall obtain and provide a surety bond in a form acceptable to the Grantor, or shall deposit and maintain a letter of credit, in the sum of $25,000 and to be maintained throughout the term of this Franchise. This bond, or letter of credit, shall be used to ensure the faithful performance by the Grantee of all provisions of this Ordinance and the Franchise Agreement including the payment by Grantee of any penalties, costs, claims, liens or taxes due by reason of the construction, maintenance, or operation of the Cable Television System, or any breach of any provision under this Ordinance. 12. Effect of Amendment. To the extent the provisions of this Amendment conflict with any provision in Ordinance No. 2308, the provisions of this Amendment shall control, and the inconsistent provisions of Ordinance No. 2308 are hereby repealed. In all other respects the provisions of Ordinance No. 2308 are hereby ratified and confirmed. (2) The County Administrator is hereby authorized to execute an agreement with Booth American Company, d/b/a/ Salem Cable TV, to carry into effect these provisions all upon such form as shall be approved by the County Attorney. (3) This ordinance shall be in effect from and after its enactment. 0 On motion of Supervisor Johnson to adopt the ordinance with changes on page 2, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: ,Jy. 0-zzx'� Mary H. Al en, Clerk Roanoke County Board of Supervisors cc: File Joseph B. Obenshain, Senior Assistant County Attorney Jim Matthews, General Manager, Salem Cable TV Randolph AA. Smith, Salem City Manager Harry C. Nickens, Chair, Roanoke Regional Cable TV Committee r� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 1994 RESOLUTION 102594-13 CREATING A ROANOKE COUNTY CABLE TELEVISION COMMITTEE TO PROVIDE OVERSIGHT AND ADVICE ON THE OPERATIONS OF SALEM CABLE TV WHEREAS, by Ordinance 102594-12, adopted this day, the Board of Supervisors of Roanoke County, Virginia has granted unto Booth American Company of Detroit, Michigan, d/b/a Salem Cable TV a five year franchise to operate a community antenna or cable television (CATV) system within a designated franchise area of Roanoke County; and WHEREAS, the Board of Supervisors of Roanoke County had previously created the Roanoke Valley Regional Cable Television Committee in conjunction with two other political jurisdictions in the valley to monitor and assist in the enforcement and implementation of the franchise granted to Cox Cable Roanoke, Inc. for a cable television system in the county; and WHEREAS, the Roanoke Valley Regional Cable Television Committee has proven to be an effective vehicle for coordination and compliance monitoring between the county and Cox Cable Roanoke, Inc. and this Board wishes to establish a similar committee to work with Salem Cable TV during the term of its franchise with the county; and BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, -Virginia, as follows: 1. A committee of five (5) members is hereby created to operate as the CATV Committee for the Salem Cable TV franchise operation. The membership of this CATV Committee shall consist of the four representatives from the County of Roanoke currently serving on the Roanoke valley Regional Cable TV Committee, and one member to be appointed from the Catawba Magisterial District. A Chairperson shall be elected by the Committee for a period of one (1) year, or for such other term as the Committee shall determine. 2. The CATV Committee shall meet at the call of the Chairperson or at such other times as the Committee shall determine, and not less often than once each year. A quorum shall be constituted by three (3) members. The CATV Committee shall be authorized to adopt such By-laws and rules of procedure as are necessary to exercise the responsibilities granted to this committee. The General Manager of Salem Cable TV shall be given notice of the date, time and location of each meeting, with at least 10 days notice where possible, and may attend all such meetings, except when the meetings are in executive session. 3. The powers and duties of this CATV Committee shall be as follows: a. To advise the Board of Supervisors on applications for franchises for cable television systems to serve any portion of the franchise area of Salem Cable TV; b. To monitor compliance by the franchise operator with the provisions of their franchise ordinance and agreement and to advise the Board of Supervisors on any matters which might constitute grounds for any penalties or forfeitures, whether monetary or otherwise, or for revocation of the franchise in accordance with Section 18 of the Ordinance or of any 2 agreement; C. To advise on the regulation of rates in accordance with the franchise ordinance, the franchise agreement, and any applicable law, to the extent permitted by applicable law; d. To hear all complaints from subscribers who are not satisfied with the response from Salem Cable TV regarding the operation of the franchise operator; to make a record of and to respond to such complaints; to make reasonable efforts to resolve complaints with the franchise operator; and to report to the Board of Supervisors on an annual basis the results of its actions relating to all complaints; e. To review any proposed change in franchise ownership and to recommend to the Board of Supervisors whether approval for such change should be granted; f. To coordinate the review of any records required to be submitted by the franchise operator; g. To review budgets involving operation of any government and education access channels and to coordinate the expenditure of any capital grant funds provided for in the franchise agreement for the development of educational and governmental access channels and other proper access uses of this cable system; h. To develop appropriate policies and procedures and to maintain such records as shall be necessary for the successful functioning of this franchise operation; i. To coordinate with, and, if deemed productive, to 3 meet with, any individual or committee designated by the City of Salem to perform similar responsibilities for that jurisdiction concerning the operations of the same franchise operator; and j. To carry out any regulatory program as provided for by Section 16 of Ordinance No. 2308, adopted May 22, 1979, as the Committee shall deem necessary to carry out the intent of this Ordinance and its subsequent amendments. 4. This resolution shall be in effect from and after its passage. On motion of Supervisor Johnson to adopt the ordinance as follows: (1) with the changes suggested by Supervisors Eddy and Nickens, page 3; (2) reduction of committee to five members; (3) committee to consist of four current Roanoke County members of Roanoke Valley Regional Cable Television Committee, plus member to be appointed from Catawba Magisterial District, and (4) Supervisor Kohinke to serve as Catawba representative until citizen can be appointed, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: y'YLac�e� '144 Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Joseph B. Obenshain, Senior Assistant County Attorney Jim Matthews, General Manager, Salem Cable TV Randolph JI. Smith, Salem City Manager Harry C. Nickens, Chair, Roanoke Regional Cable TV Committee 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 31, 1994 RESOLUTION 103194-1 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 and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A Copy Teste: Mary H. Allen, Clerk CC: File Roanoke County Board of Supervisors Executive Session File