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HomeMy WebLinkAbout10/25/2005 - Adopted Board RecordsACTION NO. A-102505-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Request to appropriate funds in the amount of $1,800 for the purchase and installation of a Delaney Court Community neighborhood sign SUBMITTED BY: Elmer Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Earlier this year, residents of the Delaney Court neighborhood in eastern Roanoke County began working with staff to find an appropriate location for a neighborhood sign. Long-time resident, Mrs. Jackie Robinson, expressed her hopes that the community could agree on a location and design for a neighborhood sign and that such a sign would not only identify the neighborhood but also generate community pride. Staff met several times with Mrs. Robinson and her neighbors, visited potential sites, discussed alternatives, and earlier this month the community agreed on a location and design. The sign location is on private property at the site of the old community church. This location does not involve VDOT right-of-way, is easily seen from Rutrough Road, and can meet zoning ordinance requirements. The property owners will be required to obtain a Roanoke County sign permit and will be responsible for the long-term maintenance of the sign. Roanoke County has assisted other communities with the purchase and installation of neighborhood signs, and this appropriation is in keeping with our past practice. Examples include the Clearbrook Community and North Lakes neighborhood signs. The "Welcome to Historic Delaney Court — A Family Community" sign will be a beautiful addition to this neighborhood. FISCAL IMPACT: The cost of the sign, including installation, is $1,800. ALTERNATIVES: 1. Appropriate funds in the amount of $1,800 from the Board Contingency Fund for the cost of the sign and installation. 2. Appropriate funds in the amount of $1,800 from the year-end balance. VOTE: Supervisor Altizer motion to appropriate $1,800 from the Board Contingency Fund Motion Approved cc: File Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Rebecca Owens, Director, Finance 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, 2005 RESOLUTION 102505-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - 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, 2005, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of minutes - October 11, 2005 2. Resolution of appreciation upon the retirement of Rebecca R. Cramer, Social Services Department, after twenty-five years of service. 3. Request from the schools to accept and appropriate dual enrollment revenues in the amount of $100 4. Request from the Police Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $25,500 5. Request to accept and appropriate a grant in the amount of $31,861 on behalf of RADAR for Section 5311 Monies 6. Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: M&U ��. (AdI 1�J Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator John Chambliss, Assistant County Administrator 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, 2005 RESOLUTION 102505-2.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF REBECCA R. CRAMER, SOCIAL SERVICES DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Rebecca R. Cramer was first employed by Roanoke County on March 31, 1980, in the Social Services Department; and served as a senior eligibility worker; and WHEREAS, Ms. Cramer retired from Roanoke County on October 1, 2005, after twenty-five years and six months of service; and WHEREAS, Ms. Cramer consistently strived to meet the financial needs of the elderly population, concentrating on those customers who were in adult care or nursing home facilities; and WHEREAS, Ms. Cramer had the compassion and the special skills necessary to collaboratively work with the elderly and their families to ensure the elderly person's safety and that their daily living needs were being met; and WHEREAS, Ms. Cramer, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to REBECCA R. CRAMER for more than twenty-five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: i alum I pit Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION NO. A -102505-2.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Request from school to accept and appropriate dual enrollment revenues in the amount of $100 SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses. Roanoke County Schools added students to the Dual Enrollment count for second semester. VWCC reimbursed the school system $100.00 for services rendered. FISCAL IMPACT: The instructional budget will be increased by $100. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the reimbursement of $100.00 by VWCC be appropriated to the instructional program. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 7 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Dr. Lorraine Lange, Deputy Superintendent Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 7 ACTION NO. A -102505-2.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Request from the Police Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $25,500 SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following three grants from the Division of Motor Vehicles have been awarded to the Roanoke County Police Department: Grant in the amount of $8,500 that will be used to purchase small equipment for conducting traffic investigations. This equipment will support the Police Department's efforts in working with the Blue Ridge Regional Crash Investigation Team. This grant requires matching funds in the amount of $2,125, and these funds are available in the Police Department budget. Mini -grant in the amount of $5,000 that will be used to pay officers overtime to patrol Interstate 81 to enforce traffic laws, and to apprehend aggressive and under the influence drivers. This grant will be used over the next twelve month period and will be used to support the Police Department's efforts in reducing aggressive drivers on 1-81. There is no fiscal impact and no matching funds are required for this grant. Mini -grant in the amount of $12,000 that will be used to pay officers overtime to conduct DUI check points in Roanoke County. This grant will be used over the next twelve month period, and will support the Police Department's efforts in reducing drivers operating motor vehicles while under the influence of alcohol. This grant requires matching funds in the amount of $3,000, and funds are available in the Police Department budget for this purpose. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of three Division of Motor Vehicle grants in the amount of $25,500 to the Police Department,budget, as detailed above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance 2 Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance 2 ACTION NO. A -102505-2.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $31,861 on behalf of RADAR for Section 5311 Monies SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Unified Human Transportation Services (RADAR), who operates the CORTRAN program on behalf of Roanoke County, has been advised by the Commonwealth of Virginia's Department of Rail and Public Transportation that they will receive $31,861 in Section 5311 operating monies which is used to offset operating costs for the CORTRAN program in the rural areas of Roanoke County. RADAR monitors the request for service and offsets our operating expenses for qualified rides provided by the program. FISCAL IMPACT: No new local monies are required for this grant. The operating money for the County's CORTRAN program serves as the match for the 5311 monies. STAFF RECOMMENDATION: Staff recommends acceptance and approval of this grant and the appropriation of the monies so that they may be used by RADAR. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File John Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File John Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance ACTION NO. A -102505-2.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Confirmation of appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) At the October 11, 2005, Board meeting, Supervisor Altizer requested that the Clerk contact Mr. Ralph Henry to determine if he was willing to serve an additional four-year term which would expire on October 28, 2009. Mr. Henry advised that he would like to serve an additional term and confirmation of his appointment has been placed on the consent agenda. It is recommended that the above confirmation of the appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) be confirmed. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Building Code Board of Adjustments & Appeals File VA Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Building Code Board of Adjustments & Appeals File VA 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, 2005 RESOLUTION 102505-3 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2006 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2006 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2006 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2006 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Approve an amendment to the Roanoke County Charter as follows: Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections of the charter and general law, the county shall have the additional power to levy and collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the Code of Virginia. 2) Support the JLARC recommendations to address the shortfall in state funding for K-12 education and to fully fund the state Board of Education proposals. The estimated annual cost of funding both the JLARC recommendations and Board of Education proposals is $870 Million. 3) Support tax restructuring that grants localities additional revenue authority and increases local revenue diversification. Oppose efforts to limit or restrict local taxing authority and revenues, whether by restricting assessment authority or tax rates, exempting portions of fair market value increases, or other property tax limitations. 4) Support amending Sec. 33.1-72.1 to authorize counties to allow private roads not built to VDOT standards under local subdivision and zoning ordinances and still participate in the rural addition program with no financial loss or penalty. 5) Support additional state funding for transportation, and in particular, funding for improvements to 1-81, and funding for passenger and freight rail improvements. 6) Support Telecommunications Tax restructuring so long as it protects the long-term fiscal interests of local governments and ensures a modern communications service tax policy that treats all corporate competitors equitably. Local governments must be guaranteed expanding communications service tax revenues in exchange for local right of entry and regulation, adequate consumer protection and services, and efficient local public safety E-911 call center operations. 7) Oppose the elimination of local cable television franchising authority. Where competition exists in a locality and where competing services reach a majority of citizens in a locality, then the competitive free market should be the major regulator of the quality and price of cable TV services. Basic elements should be preserved, including revenues to localities, sufficient tools to ensure quality of services expected by citizens, services such as PEG channels and facilities to provide such channels, and internet and cable to public facilities 2 8) Amend Sections 16.1-69.48 and 15.2-1716 to provide that the reimbursement of expenses incurred by localities in responding to DUI and other traffic incidents may be collected as a fee in the criminal or traffic infraction proceedings, and that such fee be paid directly into the treasury of the locality. 9) Support amending Section 9.1-106 to allow Roanoke County to charge a processing fee in criminal or traffic proceedings to support a criminal justice training academy. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Flora to adopt the resolution with Item 4 amended to state: "Support amending Sec. 33.1-72.1 to authorize counties to allow private roads not built to VDOT standards under local subdivision and zoning ordinances and still participate in the rural addition program with no financial loss or penalty." The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 3 A COPY TESTE: I. iat y, �,/) - ( fi yav)-) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File The Honorable John S. Edwards, Senator The Honorable Brandon Bell, Senator The Honorable Morgan Griffith, Delegate The Honorable Onzlee Ware, Delegate The Honorable William Fralin, Delegate The Honorable Bruce F. Jamerson, Clerk of the House of Delegates The Honorable Susan Clarke Schaar, Clerk of the Senate Paul M. Mahoney, County Attorney Eldon James, Legislative Liaison Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Clerk for Salem City Council Salem City Council, Members Darleen Bailey, Clerk, Vinton Town Council Vinton Town Council, Members Wayne Strickland, Executive Director, Roanoke Valley -Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties hereby certify that the foregoing is a true and correct copy of Resolution 102505-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 25, 2005. s Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 4 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25, 2005 ORDINANCE 102505-4 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT MINI -WAREHOUSES ON 1.503 ACRES LOCATED AT 2205 WASHINGTON AVENUE (TAX MAP NO. 61.15-2-10) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF WINTER PROPERTIES PARTNERSHIP, LLP WHEREAS, Winter Properties Partnership, LLP has filed a petition for a special use permit to construct mini -warehouses to be located at 2205 Washington Avenue (Tax Map No. 61.15-2-10) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 4, 2005; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 27, 2005; the second reading and public hearing on this matter was held on October 25, 2005. NOW, THEREFORE, BE IT RESOLVED 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 Winter Properties Partnership, LLP to construct mini -warehouses to be located at 2205 Washington Avenue in the Vinton Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following condition: (1) Mini -warehouse use allowed on the first floor of the building only. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 25, 2005 ORDINANCE 102505-5 TO REZONE APPROXIMATELY 9.95 ACRES FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO PRD, PLANNED RESIDENTIAL DEVELOPMENT WITH CONDITIONS, TO CONSTRUCT 60 TOWNHOMES AT A DENSITY NOT TO EXCEED 6.1 UNITS PER ACRE LOCATED NORTHWEST OF THE CORNER OF NEWLAND ROAD AND PETERS CREEK ROAD (TAX MAP NOS. 26.20-4-1, 2, 3, AND 4), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF R. FRALIN DEVELOPMENT CORPORATION WHEREAS, the first reading of this ordinance was held on July 26, 2005, and the second reading and public hearing were held September 27, 2005 and continued to October 25, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 16, 2005; 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 approximately 9.95 acres, as described herein, and located northwest of the corner of Newland Road and Peters Creek Road (Tax Map Numbers 26.20-4-1, 2, 3, and 4) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PRD, Planned Residential Development with conditions. 2. That this action is taken upon the application of R. Fralin Development Corporation. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall be developed in substantial compliance with the rezoning document titled "Villas of the Valley, A Planned Residential Retirement Community" prepared by Balzer and Associates, Inc. dated June 24, 2005; revised July 12, 2005; revised July 26, 2005; revised September 15, 2005; revised October 25, 2005. site. (2) Not more than 60 total residential units shall be constructed on this (3) A fee simple donation of property or a storm water management easement for the creation of a regional storm water management facility shall be granted to the County of Roanoke. The donation/easement shall consist of approximately 1 acre of land located along the northern property line and adjacent to the existing creek. 4. That said real estate is more fully described as follows: Tax Map Nos. 26.20-4-1, 2, 3, and 4 containing approximately 9.95 acres 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. On motion of Supervisor Flora to adopt the ordinance with the proffered conditions and with the proffered conceptual site plan submitted on October 25, 2005, prior to the public hearing, and carried by the following recorded vote: 2 AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A OPY TESTE: ` �Itwr J. 311"Ies"O)1 Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 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, 2005 ORDINANCE 102505-6 TO CONSIDER SPOT BLIGHT ABATEMENT OF PROPERTY LOCATED AT 3821 COLONY LANE, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF THE ROANOKE COUNTY BUILDING COMMISSIONER WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has adopted a Spot Blight Abatement policy pursuant to §36-49.1:1 of the Code of Virginia, 1950, as amended; and WHEREAS, pursuant to this process, the Roanoke County Building Commissioner has made a preliminary determination that property located at 3821 Colony Lane is blighted in accordance with this policy; and WHEREAS, the Roanoke County Planning Commission held a public hearing on October 4, 2005, and has determined that the property is blighted, the owner has failed to remedy this blighting condition, and that the plan to remedy the blight is in accordance with the County's Planning and Land Use Guidelines; and WHEREAS, the first reading of this ordinance was held on February 22, 2005; and the second reading and public hearing was held on October 25, 2005; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the Board affirms the findings and recommendations of the Planning Commission. 2. That the Board authorizes and approves that the Department of Community Development take such actions as may be necessary to remove and remedy the blighting conditions, including but not limited to removal of the outside storage, clutter and trash. 3. That the owner of this property shall be billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement costs, these costs shall be submitted to the Treasurer of Roanoke County to be collected by any manner provided by law for collection of local taxes. Further, a lien shall be recorded among the land records of Roanoke County to recover the County's costs and expenses. 4. That the Board determines that it is not necessary to acquire this property by eminent domain in order to cure the blight. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None APY TESTE: 9fi-hr) , k�. ?jm /) ) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Kevin Hutchinson, Treasurer Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, OCTOBER 25, 2005 ORDINANCE 102505-7 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-29-5. COMMERCIAL USE TYPES TO INCLUDE NEW DEFINITION FOR "ADULT BUSINESS" AND SECTION 30-54-2(B)2 C-2 GENERAL COMMERCIAL TO ADD ADULT BUSINESS AS A USE ALLOWED ONLY BY SPECIAL USE PERMIT AND SECTION 30-85- TO ADD ADDITIONAL, USE AND DESIGN STANDARDS FOR ADULT BUSINESSES WHEREAS, the first reading of this ordinance was held on September 27, 2005, and the second reading and public hearing was held on October 25, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-29-5. Commercial Use Types of the Roanoke County Zoning Ordinance be amended to read and provide as follows: "Adult business" means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons, and as such terms are defined in Chapter 13 of this Code. 2. That Section 30-54-2. (B) 2. Permitted Uses of the Roanoke County Zoning Ordinance only by Special Use Permit be amended to read and provide as follows: (B).2. Adult Business* 3. That Article IV Use and Design Standards, Section 30-85 of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Sec. 30-85- Adult Business (A) General Standards: 1. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 13, Section 13-100, shall not be visible from any point outside the establishment. 2. Signs advertising the adult business and any attention -getting devises shall not display sexually explicit pictures or language. 3. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exists serving the adult business. 4. Adult businesses shall not employ any person under the age of 18. 5. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. 6. The owner or operate shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall 2 continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved for a period of 12 months. Authorized representatives of the police department or the Community development department shall have access to such tapes in accordance with applicable law. 7. No adult business shall be located within 300 feet of a public or private licensed day care center, educational facilities, primary/secondary, religious assembly, or R-1, R-2, R-3, R-4, PRD or R -MH Districts. 4. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Flora, Altizer NAYS: Supervisor Wray APY TESTE: I IN Tj - l Diane S. Childers, CMC Clerk to the Board of Supervisors 3 cc: File Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Ruth P. Bates, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2005 ORDINANCE 102505-8 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE III. "ADULT BUSINESSES" TO CHAPTER 13. "OFFENSES — MISCELLANEOUS WHEREAS, the first reading of this ordinance was held on September 27, 2005, and the second reading and public hearing was held on October 25, 2005; and WHEREAS, sexually -oriented businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as well as the citizens of the County; and WHEREAS, the Board of Supervisors finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the County which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Board desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the County has determined that locational criteria found in the zoning ordinance, standing alone, do not adequately protect the health, safety, and general welfare of the people of this County; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses; and WHEREAS, it is not the intent of the Board to condone or legitimize the distribution of obscene material, and the Board recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in the County. (A) Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material. (B) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., TDA "Kandyland'; 529 U.S. 277 (2000), and City of Los Angeles v. Alameda Books, Inc. 121 S. Ct. 1223 (2001) and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board finds: (1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. 6 (2) Certain employees of sexually oriented businesses defined in this ordinance as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. (3) Sexual acts occur at sexually oriented businesses. (4) Offering and providing such space encourages such activities, which creates unhealthy conditions. (5) Persons frequent certain adult theatres, adult businesses, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. (6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV -AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. (7) Since 1989 when the human immunodeficiency virus (HIV) became reportable, the number of reported cases of AIDS caused by HIV in the Commonwealth of Virginia has increased from approximately 100 to approximately 800 in 2004. (8) Although the number of cases of syphilis and gonorrhea peaked in the Commonwealth of Virginia in 1990 the number of cases still remains high. (9) The number of cases of chlamydia in the Commonwealth of Virginia have increased from approximately 6,000 in 1989 to over 19,000 in 2003. (10) The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn. (11) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. (12) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self -regulate those activities and maintain those facilities. (13) The findings noted in paragraphs number 1 through 12 raise substantial governmental concerns. (14) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (15) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the County. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. (16) Requiring sufficient lighting on premises of adult businesses advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in and around such adult businesses. (17) Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments. (18) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases. (19) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this ordinance is designed to prevent or who are likely to be witnesses to such activity. (20) The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this ordinance. (21) The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (22) The general welfare, health, morals and safety of the citizens of the County will be promoted by the enactment of this ordinance. rd BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Article III. "Adult Businesses" be, and hereby is, added to Chapter 13. "Offenses — Miscellaneous" to read and provide as follows: Sec. 13-100. Definitions. Adult business means any adult bookstore, adult video store, adult model studio, adult motel, adult motel theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons. Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD - ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMS, DVD-ROMS, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representatives of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. Adult model studio means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, 5 exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons. Adult motel means a motel, hotel, or similar commercial establishment that: (i) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually -oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (ii) offers a sleeping room for rent for a time period of less than ten hours; or (iii) allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten hours. Adult movie theater means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG -13," or "R" by the Motion Picture Association of America. Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment. Adult store means an establishment having adult merchandise as a substantial or significant portion of its stock -in -trade. Employee means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business. D Live entertainment means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation. Sec. 13-101. Permit required from chief of police—Application; issuance; duration; renewal. (a) Every person either operating or desiring to operate an adult business, in addition to obtaining any required business license from the commissioner of the revenue, shall apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $500.00. (b) Information required on and with the permit application shall include, but not be limited to, the following: (1) The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number. (2) Names and addresses of references. (3) Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed. 7 (4) Whether the applicant holds or has been held, in the name of this business or any other, any other permits under this ordinance or a similar adult use ordinance from another locality within the past five years, and, if so, the names and locations of such other permitted businesses. (5) Whether the applicant has been denied a permit or has had a permit revoked under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation occurred. (6) Photograph and fingerprints of applicant. (7) Name, including any fictitious names, and address of the business for which a permit is sought. (8) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant's written authorization to investigate whether the information provided by the applicant is true. (9) A description of the intended business activity and, if adult entertainment is to be performed, a detailed description of such entertainment. (10) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. (c) For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and the managers of the business. (d) The chief of police or his designee shall act on the application within 30 days of the filing of an application containing all of the information required by this section, unless information requested from other law enforcement agencies is not received within that 30 -day period, in which case the chief of police or his designee shall have an additional 30 days to act on the application. Upon the expiration of the application time period, unless the applicant requests and is granted a reasonable extension of time, the applicant may, at its option, begin operating the business for which the permit is sought, unless and until the chief of police or his designee notifies the applicant of a denial of the application and states the reasons for denial. (e) The applicant shall be issued a permit unless the county's investigation or the information furnished by the applicant shows any of the following: (1) The applicant has failed to provide information required by this article or has falsely answered a question. (2) The applicant has been convicted of a felony within the past five years. (3) The applicant has been convicted of a crime of moral turpitude or a crime involving the obscenity laws within the past three years. (4) The applicant has been denied a permit or has had a permit revoked within the past 12 months under any statute or ordinance requiring a permit to operate an adult business. (5) Failure of the applicant's business to comply with the county's business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable county or state laws or regulations. (6) The application fee has not been paid. (f) If the application is denied, the chief of police or his designee shall notify the applicant of the denial and state the reasons for the denial. (g) The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $100.00. No permit shall be transferable. (h) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. Sec. 13-102. Same --Grounds for revocation. The chief of police or his designee may revoke any permit issued pursuant to this article for the following: 9 (a) Fraud, misrepresentation or any false or misleading statement contained in the application. (b) Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued. (c) The permittee or an employee of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises. (d) The permittee or an employee of the permittee has knowingly allowed prostitution on the premises. (e) The permittee has refused to allow an inspection of the adult business premises as authorized by this article. (f) On two or more occasions within a 12 -month period, employees of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting: 1. Aiding, abetting or harboring a runaway child; 2. Prostitution or promotion of prostitution; 3. Exposing minors to harmful materials; 4. Dissemination of obscenity; 5. Sexual assault; or 6. Violation of section 13-111 of this Code. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. (g) The permittee is convicted of violations regarding any taxes or fees related to the adult business. 10 (h) The permittee has failed to operate or manage an adult business in a peaceful and law-abiding manner. (i) The permittee or an employee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual activity to occur in or on the permitted premises. 0) The permittee has been operating an adult business not approved under the applicable permit. (k) The permittee has failed to comply with the provisions of this article. (1) The permittee's business fails to comply with other applicable county or state laws or regulations. Sec. 13-103. Procedure upon denial of an application or revocation of a permit. (a) If the chief of police or his designee denies an application or revokes a permit, he shall notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request which must be received by the chief of police or his designee within ten days of the date of the notice of denial or revocation. If a timely hearing request is not received by the chief of police or his designee, the decision of the chief of police or his designee shall be final. If a hearing is properly requested, it shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The applicant or permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the chief of police or his designee shall render his decision which shall be final. 11 A permittee must discontinue operation of its business when the decision to revoke the permit becomes final. (b) When an imminent threat of substantial harm to public health or safety requires such action, the chief of police or his designee may immediately revoke a permit issued under this article by so stating in a written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in subsection (a). Sec. 13-104. Availability of prompt judicial review. After denial of an initial or renewal application or after revocation of a permit by the chief of police or his designee, the applicant or permittee may seek prompt judicial review of such administrative action in the circuit court of the county. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The county will facilitate the applicant's obtaining prompt review. Sec. 13-105. Inspection. (a) In addition to any existing legal authority, representatives of county departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this article. (b) The provisions of subsection (a) of this section shall not apply to sleeping rooms of an adult motel which are currently being rented by a customer. Sec. 13-106. Regulations pertaining to adult businesses providing adult entertainment (a) For purposes of this section, adult entertainment is defined as dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on 12 specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. (b) No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to all patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer. (c) The adult business shall provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by anyone other than them. (d) The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wide for entertainers between the dressing room area and the stage with a railing, fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and entertainers. (e) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. (f) No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to an entertainer shall place the gratuity in a container that is at all times located separately from the entertainers for the purpose of preventing any physical contact between a patron and an entertainer. No entertainer shall solicit any gratuity from any patron. (g) Patrons must be at least 18 years of age. 13 (h) No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a "couch," a "straddle," or "lap" dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a "couch," "straddle," or "lap" dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch," "straddle," or "lap" dance is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or the exposure of any specified anatomical area. (i) This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron. No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender. Sec. 13-107. Regulations pertaining to adult motels. (a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in section 13-100 of this Code. (b) No person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room to a person, and within ten hours from the time the room is rented, rent or subrent the same sleeping room again. (c) For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration. 14 s Sec. 13-108. Transfer of permit prohibited. (a) A permittee shall not operate an adult business at any place other than at the address designated in the approved permit. (b) A permittee shall not transfer its permit to another person. Sec. 13-109. Public indecency. Nothing in this article shall be construed to permit any conduct which violates section 13-111 of this Code. Sec. 13-110. Violations. Except as permitted in section 13-101(d), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subject to the provisions of section 1-10 of this Code. Sec. 13-111. Public indecency prohibited. (a) For purposes of this section nudity shall mean: (1) Having the pubic region or genitals covered less than completely and opaquely; (2) Having less than the majority of each buttock completely and opaquely covered; or (3) Having any portion of the nipple or areola of the female breast or that portion of the female breast distal to and below any part of the areola covered less than completely and opaquely. 15 (b) Every person who knowingly, voluntarily and intentionally appears in a state of nudity in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to appear, shall be guilty of a class 1 misdemeanor. (c) Every person who knowingly, voluntarily and intentionally engages in specified sexual activities in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to engage, shall be guilty of a class 1 misdemeanor. (d) For purposes of this section specified sexual activities shall mean: showing human genitals in a state of sexual stimulation or arousal; real or simulated acts of human masturbation, sexual intercourse, sodomy or flagellation; fondling, caressing or other erotic touching of one's own or another's genitals, pubic region, buttocks or female breast; or showing the covered male genitals in a discernibly turgid state. (e) Nothing contained in this section shall be construed to apply to the presentation of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, school, college, museum of fine arts or other similar establishment which is primarily devoted to such presentations as a form of expression of opinion, communication, speech, ideas, information, art or drama. No person shall be in violation of this section for breast feeding a child in any public place or any places where others are present. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 16 A 1PY TESTE: (Vl au Diane S. Childers, CMC cc: File Clerk to the Board of Supervisors Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Ruth P. Bates, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 17 ACTION NO. A -111505-6.f ITEM NO. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2005 AGENDA ITEM: Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors and the Library Board SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare Chairman Altizer nominated Rita J. Gliniecki, Roanoke County member, to serve an additional three-year term that will expire on December 31, 2008. He requested that confirmation of this appointment be placed on the consent agenda. Chairman Altizer advised that Linda H. Bannister, member at large, has agreed to serve an additional three-year term that will expire on December 31, 2008. The member at large must be confirmed by the Cities of Roanoke and Salem, and Mr. S. James Sikkema, Executive Director, has advised that the Blue Ridge Behavioral Healthcare Board recommends that Ms. Bannister's appointment be ratified. Chairman Altizer requested that ratification of this appointment be placed on the consent agenda. 2. Library Board (Appointed by District) Supervisor Flora nominated Tobie McPhail, Hollins District representative, to serve an additional four-year term that will expire on December 31, 2009. He requested that confirmation of this appointment be placed on the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Blue Ridge Behavioral Healthcare Board of Directors Library Board Yes No Abs Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Blue Ridge Behavioral Healthcare Board of Directors Library Board