HomeMy WebLinkAbout2/26/1991 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, FEBRUARY 26, 1991
RESOLUTION 22691-2 ADOPTING POLICIES AND CRITERIA TO
GOVERN THE REDISTRICTING OF ROANOKE COUNTY IN 1991
WHEREAS, the Constitution and the Code of the Commonwealth of
Virginia establish certain requirements for the reapportionment of
election districts based upon equal representation and compact and
contiguous territory, and
WHEREAS, the Voting Rights Act implements and expands certain
United States constitutional guarantees, and requires that each
redistricting plan or voting change be submitted to the United
States Justice Department and precleared before it can be put into
effect to conduct an election, and
WHEREAS, no change in voting practices or procedures shall
have the purpose nor the effect of denying or abridging the right
to vote on account of race or color, and
WHEREAS, all citizens shall have an equal opportunity to
participate in the political process and to elect representatives
of their choice, and
WHEREAS, after public notices and advertisement and individual
notices to various community groups and organizations, a public
hearing on redistricting policies and procedures was held on
January 22, 1991.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1) That there is hereby appointed a committee composed of
the General Registrar, the Director of Planning and Zoning and the
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County Attorney, which shall prepare one or more redistricting
plans for election districts for the Board of Supervisors of
Roanoke County, Virginia.
2) That the number of persons in each election district
shall be as nearly equal as is practicable based upon the 1990
federal decennial census. Any deviation from equality of
population shall be justified only when it is the result of the
criteria set forth herein. In no case shall the deviation exceed
five (5) percent of the ideal district population.
3) That election districts shall be compact and contiguous,
unusual elongations or irregularities of boundaries shall be
avoided.
4) That clearly observable, definable and distinguishable
boundaries shall be created for election districts, such as streets
(where neighborhoods would not be divided), rivers, streams,
drainage features, or other permanent physical features shown on
official maps.
5) That election districts shall be established to reflect
existing communities of interest, taking into consideration rural,
suburban and urban interests, as well as racial, ethnic, economic,
social and neighborhood characteristics. These criteria include,
for example, combining the North Lakes residential subdivision into
one election district; attempting to conform high school attendance
zones with election districts; and retaining the Town of Vinton
entirely within a single election district.
6) That minority populations be identified and located for
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the purpose of accommodating their lawful needs and interests in
establishing election districts.
7 ) That -the committee prepare one or more five ( 5 ) election
district alternatives, as well as exploring options to expand the
number of districts and including an at -large district.
On motion of Supervisor Nickens to adopt ordinance with
clarifications in language in paragraphs #4 and #5, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
Elizabeth Leah, Registrar
Terry Harrington, Director, Planning & Zoning
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
WEDNESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-3 AMENDING AND READOPTING ARTICLE III.
PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE
ROANOKE COUNTY CODE
WHEREAS, the 1990 session of the General Assembly amended §
46.2-1220, Code of Virginia, 1950, as amended, to add Roanoke
County to the list of counties having the powers of any city and
town to regulate parking within its boundaries by ordinance; and
WHEREAS, the Board of Supervisors finds it necessary to
enlarge and strengthen the powers and authority of the Roanoke
County Police Department to control the parking and abandonment of
motor vehicles on the public streets, roads and highways of Roanoke
County and on private property subject to its jurisdiction, and to
increase the penalties for certain parking violations; and
WHEREAS, the first reading of this ordinance was held on
February 12, 1991; the second reading and public hearing for this
ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
as follows:
1. That Chapter 12, Motor Vehicles and Traffic, Ar
Jticle III.,
Parking, of the Roanoke County Code, be, and it hereby is, amended
and readopted to read and provide as follows:
ARTICLE III. PARKING
DIVISION 1. GENERALLY
Sec. 12-50. Regulation of parking on county -owned property
generally.
�1
Sal The County Administrator is hereby delegated the
authority to establish regulations regarding parking on county -
owned property, other than school board property, not in conflict
with any provision of this Article. The school board or its
designated agent is hereby authorized to establish parking
regulations on school board property.
(b) Such regulations as shall be developed by the County
Administrator under this section shall only take effect after
having been advertised for four (4) successive weeks in a newspaper
of general circulation in Roanoke County and after having been
presented to the Board of Supervisors for review and comment. Such
regulations shall be conspicously posted at the Roanoke County
Courthouse the Roanoke County Administration Center and the
Roanoke County Public Safety Center. Copies of such regulations
shall be available to all citizens at any Roanoke County Branch
Library.
(c) Any person violating any such regulation developed
pursuant to this section shall be deemed guilty of a traffic
infraction and be subject to the fines and punishment as
established in Sec. 12-51.
See. 12-51. Penalties for parking violations.
[Formerly Sec. 10-10 (e)].
Any person violating any of the provisions of this Article
seetien shall be deemed guilty of a traffic infraction misde eaner
and, upon conviction thereof, shall be fined according to the
following schedule:
Double parking . . . . . . . . . . . . . . . . . . $15.00 $16:69
Parking over allowed time . . . . . . . . . . . .$15.00 $19:69
Parking improperly . . . . . . . . . . . . . . . .$15.00 $19:9e
Unattended motor in operation. . . . . . . . . . .$15.00 $16.09
Parking in reserved space. . . . . . . . . . . . .$15.00 $16:69
Blocking traffic . . . . . . . . . . . . . . . . . $15.00 $10.
Parking within 500 feet of accident or area
of emergency .$25.00
Parking in fire lane, in front of fire hydrant
or fire or rescue building . . . . . . . . .$25.00
Parking in area designated for handicapped . . . .$50.00 $25:69
Parking in designated space on county property . .$15.00 $16:69
Any violation of this Article not otherwise
scheduled .$15.00
In addition to the imposition of such fines, any motor vehicle
parked in violation of this section may be moved to a garage or
parking lot for storage at the expense of the owner of such motor
vehicle.
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beard -ef sup- . sers eche seheol b«rel er its -designated agent
Sec. 12-52. Parking on streets and highways generally. Unlawful
p&rking in spaees reserved for the handieappe4-.
(a) No motor vehicle shall be parked or left standing on any
portion of any street, highway or other public way in the county
for more than five (5) consecutive days.
(b) No motor vehicle shall be parked in any location marked
as a "No Parking" zone.
(c) No owner, operator or other person driving or in charge
of a vehicle shall cause or knowingly permit it to stand unattended
on any street, highway or other public way or in any public place
in the county with the ignition key left in the ignition lock,
switch or system of such car or with the ignition system of such
car in an unlocked position.
jd1 No vehicle shall be backed up to a curb or street line
except during the time actually engaged in loading or unloading
materials therefrom, and then only if place in such manner as not
to impede the flow of traffic along such street, highway or other
public way.
(e)_ All vehicles shall be parked parallel to any curb or
roadway and with one rear wheel no further than twelve (12) inches
from the curb or edge of the paved roadway.
(f) All vehicles shall be parked no less than four (4) feet
apart when parked parallel to a curb or roadway.
(a) No vehicle shall be parked on the roadway side of and
parallel to any vehicle parked at the edge or curb of a street.
(h No vehicle shall be parked or stopped within five hundred
(500) feet of a fire vehicle or airplane accident or other area
of emergency or in such a manner as to create a traffic hazard or
interfere with the necessary procedures of police, fire fighters,
rescue workers or others whose duty it is to deal with such
emergencies. Any vehicle found unlawfully parked in the vicinity
of such fire accident or area of emergency may be removed by order
of a police officer on the scene at the risk and expense of the
owner if such vehicle creates a traffic hazard or interferes with
the necessary procedures of police, fire fighters, rescue workers
or others whose assigned duty it is to deal with such emergencies.
(i)_ An emergency vehicle or any personal vehicle operated by
a law enforcement officer, fire fighter, emergency medical services
officer or county volunteer fire fighter or rescue squad member
responding to an emergency or a legitimate public safety need shall
not be considered in violation of this section.
1110,
I MM
Sec. 12-53. Parking in fire lanes unlawful. Parking on parade
route. (Formerely Sec. 12-60.]
(a) It shall be unlawful for any person to park in or
otherwise obstruct a fire lane designated and marked by the fire
marshall in accordance with Sec. F-313.1, et seq., of the Fire
Prevention Code of the County of Roanoke.
(b) The fire marshall or any law-enforcement officer may
enforce this section in accordance with the provisions of this
Chapter and may have any motor vehicle parked in violation of this
section towed to a garage or parking lot for storage, at the
expense of the owner of such motor vehicle.
uc Pursuant to the authority provided and within the
limitations established by §§ 46.2-113 & 46.2-1300 C of the Code
of Virginia, 1950, as amended, the penalty for violation of this
section shall be such as provided by Sec. 12-51.
The sheriff shall have --the ---auerre e'- reasenably
neeessary, te—grewie —restrict the parking e
parade fer whieh a permit has been granted under ehapter 4:4 ef this
eede and te past signs te stieh effeet. When stiel. signs are se
pested, it shall: be unlawful: fer any persen te park er leave
Sec. 12-54. Parking prohibited in specified places. Penalty
parking vieIatiens.
No person shall park or leave standing a motor vehicle in any
of the following places, except when necessary to comply with the
directions of a police officer or traffic -control device:
0
Sal Within any intersection;
(b) Within twenty (20) feet of an intersection;
(c) Within five (5) feet of the entrance of any public or
private driveway to any street, highway or other public
way within the county;
jd1 Within fifteen (15) feet of a fire hydrant on public or
private property or of the entrance to any building
housing fire equipment, rescue squad equipment or
ambulances;
_(e) Within twenty (20) feet or upon any bridge, viaduct or
railroad crossing;
(f)_ Any parking space reserved for the handicapped on a
public street, highway, or other public way in the county
or in privately owned parking areas open to the public,
unless such vehicle displays a special license plate,
decal or parking permit issued pursuant to Sections 46.2-
731, 46.2-739 or 46.2-1238, Code of Virginia, 1950, as
amended;
(g) At any location where, at the time, parking, standing or
stopping is prohibited and official signs or other
markers to that effect have been erected or installed and
are visible to an ordinarily observant person;
(h) Along any street highway, of other public way within the
county or part thereof constituting a part of the route
of a parade for which a permit has been granted under
Chapter 14 of this Code. The Chief of Police shall have
the authority to designate any parade route and to post
signs to such effect and when such signs are so posted,
no person shall park or leave unattended any motor
vehicle in violation thereof.
DIVISION 2. PARKING TICKETS
Sec. 12-55. Parking tickets generally.
The Chief of Police sheriff shall prepare an appropriate
ticket and ticket stub for use in enforcing the provisions of this
Article. Any law-enforcement officer charged with enforcing this
Article shall attach, in plain view, to any vehicle parked in
violation of this Article, a ticket notifying the owner or operator
of such vehicle of the violation and instructing such owner or
operator when and where to report with reference to the violation.
The time of the violation shall be noted on the ticket and stub.
The ticket stub shall be turned in to the office of the eeunt-y
Treasurer of Roanoke County. The ticket and stub shall have
corresponding numbers. The ticket shall contain the following
statement:
"NOTICE: You may pay this by appearing at the Office of
the County Treasurer of Roanoke County, 3738 Brambleton Ave.,
Roanoke, Virginia between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday. If you prefer, you may mail the
ticket and fine to the Treasurer's Office at P.O. 21009,
Roanoke, Virginia 24018-0533. Checks should be made payable
to the Treasurer of Roanoke County. If you fail to pay this
ticket within ten (10) days, then
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further action will be taken which could result in your having
to appear in court and to pay additional costs."
Sec. 12-56. Voluntary payment or contest of parking ticket.
(a) Within ten (10) days of the time
when a ticket is attached to a vehicle pursuant to Sec. ~ern 12-
55, the owner or operator of such vehicle may appear in the
Treasurer's office, during regular working hours, and waive his
right to be formally tried for the violation indicated on the
ticket, by paying the fine prescribed by Sec. seetien 12-51 12-54
as penalty for, and in full satisfaction of, such violation.
(b) In lieu of payment of the fine in accord with subsection
(a) above, such owner or operator may contest the parking ticket,
within the time prescribed in subsection (a), by presenting it to
the eery Treasurer of Roanoke County, who shall certify such
contest, on an appropriate form, to the General District Court.
Sec 12-57. Procedure for delinquent parking tickets.
(a) If the owner or operator of the motor vehicle to which a
ticket is attached pursuant to this Article does not appear in the
eery Treasurer's Office and pay the fine or present the ticket
for certification within the time prescribed in Sec. ^ern 12-
56, the Treasurer shall, in order to secure the collection of
county funds, notify the owner or operator of the vehicle in
question, by mail directed to his last known address or his address
as shown on the records of the Department state a;v .;e of Motor
Vehicles, that he may pay the fine provided by Sec. semen 12-51
12 54 for such violation, plus a penalty in the sum of Five Dollars
9
($5.00), within five (5) days of the receipt of the notice at the
Treasurer's Office. Such notice shall be contained in an envelope
with the words "Law -Enforcement Notice" stamped or printed on the
face thereof in type at least one-half inch in height.
(b) If a person to whom the notice provided for in subsection
(a) above is given fails to pay the fine and penalty within the
time prescribed in the notice, the Treasurer shall notify the
officer who issued the original ticket and the Treasurer sueh
^mer shall then cause to be issued a complaint, summons or
warrant for the delinquent parking ticket. The owner or operator
of the vehicle in question may pay the fine to the Treasurer prior
to the date he is to appear in court, provided he also pays
necessary costs and the penalty referred to in subsection (a)
above. The Treasurer's receipt therefor shall be conclusive
evidence of such payment.
Sec. 12-58. Record of, and accounting for, payments received
under Sections 12-56 and 12-57.
The eery Treasurer of Roanoke County shall keep appropriate
records of, and account for, all fines and penalties paid to him
pursuant to Sections 12-56 and 12-57.
Sec. 12-59. Presumption in prosecutions for parking violations.
In any prosecution charging a violation of any provision of
this Article or any regulation or rule established pursuant hereto,
proof that the vehicle described in the complaint, summons, parking
ticket or warrant was parked in violation of such provision,
together with proof that the defendant was, at the time of such
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parking violation, the registered owner of the vehicle as required
by Chapter 6 (§ 46.2-600 et seq.) of Title 46.2
46.1 of the Code of Virginia, 1950 as amended, shall constitute
in evidence a rebuttable presumption that such registered owner of
the vehicle was as the person who parked the vehicle at the place
where, and for the time during which, such violation occurred.
Sec. 12-61. Removal or immobilization of motor vehicles against
which there are outstanding parking violations.
(a) Any motor vehicle parked on the public highways or public
grounds against which there are three (3) or more unpaid or
otherwise unsettled parking violations may be removed to a place
within Roanoke County or in an adjacent locality designated by the
Chief of Police of Roanoke County for the temporary storage of the
vehicle or, in the alternative such vehicle may be immobilized
in a manner which will prevent its removal or operation except by
authorized law enforcement personnel. Any such removal or
immobilization as authorized by this section shall only be
conducted by or under the direction of a Roanoke County Police
Officer.
(b) It shall be the duty of the police officer removing or
immobilizina anv motor vehicle or under whose direction such
vehicle is removed or immobilized, to inform as soon as practicable
the owner of the removed or immobilized vehicle of the nature and
circumstances of the prior unsettled parking violation notices for
which the vehicle was removed or immobilized. In any case in which
a vehicle is immobilized pursuant to this section, a notice warning
that the vehicle has been immobilized and that any attempt to move
11
the vehicle might damage it shall be placed on the vehicle in a
conspicuous manner.
jgj The owner of any immobilized vehicle, or other person
acting on his behalf, shall be allowed at least twenty-four (24)
hours from the time of immobilization to repossess or secure the
release of such vehicle. Failure to repossess or secure the release
of the vehicle within that time period may result in the removal
of the vehicle to an authorized storage area for safekeeping under
the direction of a police officer.
(d) The owner of the removed or immobilized motor vehicle,
or other person acting on his behalf, shall be permitted to
repossess or to secure the release of the vehicle by payment of all
outstanding parking violation notice for which the vehicle was
removed or immobilized and by payment of all costs incidental to
the immobilization, removal and storage and the efforts to locate
the owner of the vehicle. In the event the owner shall fail or
refuse to pay such fines and costs within fifteen (15) days of the
date of notice, by registered or certified mail, return receipt
requested, or should the identify or whereabouts of the owner be
unknown and unascertainable, the motor vehicle may be sold in
accordance with the procedures set forth in 6 46.2-1213.
Sec. 12-61 - 12-65. Reserved.
DIVISION 3. DIVISION 2. COURTHOUSE PARKING LOT
Sec. 12-66. Patrolling.
The courthouse parking lot shall be periodically patrolled by
The Sheriff of the County of Roanoke or his Deputies eetinty law
12
enfereement effieers and, when unlawful parking is found, the
drivers involved shall be duly notified as prescribed in this
Article.
Sec. 12-67. Parking regulations. Use rules genera
The use of the courthouse parking lot shall be in accordance
with procedures developed by the County Administrator rules
established by the beard ef supervisers not inconsistent with the
provisions of this division.
Sec. 12-68. @'No parkingle spaces.
Spaces on the courthouse parking lot in which parking is
prohibited shall be indicated by parallel lines drawn across the
same. It shall be unlawful for any person to park a vehicle in any
such space.
Sec. 12-69. Parking within marked space; occupancy of more than
one space.
A vehicle parked on the courthouse parking lot shall be parked
within the lines indicated a parking space, and no vehicle shall
be parked so as to occupy more than one such space.
Sec. 12-70. Leaving motor or parked vehicle running.
It shall be unlawful for any person to leave the motor of a
vehicle running, while such vehicle is parked on the courthouse
parking lot and is unattended.
Sec. 12-71. Parking so as to block traffic.
It shall be unlawful for any person to park a vehicle on the
courthouse parking lot in such manner as to block traffic on such
lot.
Sec. 12-72. General time limit for parking.
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No vehicle shall be parked or permitted to remain on the
courthouse parking lot for more than two (2) hours, between the
hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the
exception of the use of reserved spaces by those persons for whom
such spaces are reserved. Nothing in this section shall be deemed
to authorize the violation of Section 12-73.
Sec 12-73. Thirty -minute spaces.
(a) The erection of signs reserving five (5) spaces on the
courthouse parking lot, with a thirty -minute time limit, for the
convenience of courthouse customers, is hereby authorized.
(b) When the signs referred to in subsection (a) above are
in place, it shall be unlawful for any person to park any vehicle
in a space to which the sign applies for longer than thirty (30)
minutes.
Sec. 12-74. Unlawful parking in reserved space.
When a parking space on the courthouse parking lot is reserved
for a particular person or office -holder and is marked "Reserved,"
it shall be unlawful for any person, other than the person or
official for whom reserved, to park a vehicle in such space.
Sec. 12-75. Maximum length of parked vehicles.
No vehicle longer than twenty-two (22) feet shall be parked
on the courthouse parking lot.
Secs. 12-76 - 12-90. Reserved.
2. That the provisions of Sec 10-10 (d) & (e) of the Roanoke
County Code, Parking Regulations are hereby repealed.
3. That this amendent shall be in full force and effect on
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and after March 1, 1991.
On motion of Supervisor Robers to adopt ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
R. Wayne Compton, Commissioner of Revenue
Alfred C. Anderson, Treasurer
Paul M. Mahoney, County Attorney
Skip Burkart, Commonwealth Attorney
Magistrate
Police Department
Sheriff's Office
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County Family Services Court, Intake Counsellor
15
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-4 AMENDING SECTION 12-34 OF
THE ROANOKE COUNTY CODE TO INCREASE THE
PERMISSIBLE MAXIMUM PENALTY FOR VIOLATIONS
WHEREAS residents of Roanoke County continue to evade payment
of personal property taxes and purchase of county vehicle decals
because the fine for failure to display the county's license decal
is often small in proportion to any tax owed; and
WHEREAS the General Assembly has recently amended § 18.2-
11(d) of the Code of Virginia to increase the maximum penalty which
can be imposed by a locality for violation of a local license
ordinance.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Section 12-34 of the Roanoke County Code entitled
"Display of decal generally" be amended and reenacted to read and
provide as follows:
Sec. 12-34. Display of decal generally.
a) A license decal issued under this article shall be
attached to and displayed on the windshield of the vehicle for
which issued in such manner as to be clearly visible.
b) It shall be unlawful for any person to operate a motor
vehicle, trailer, or semi -trailer required to be licensed under
this article on any street, highway, road, or other traveled way
in the County, unless a current license decal is displayed thereon
as required by this section. The fact that the current license tax
has been paid on such vehicle shall not bar prosecution for a
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violation of this section. A violation of this section shall be
punished by a fine of not less than twenty dollars ($20.00) and not
more than two hundred fifty dollars ($250. 00) emeeeeling—merry
del ars ($29) Any violation of this section may not be discharged
by payment of such fine except upon presentation of satisfactory
evidence that the license herein required has been obtained.
C) Each day that a vehicle is operated without a current
license decal beinct displayed shall be considered a seperate
offense for purposes of this section.
1991.
2. The effective date of this ordinance shall be March 1,
On motion of Supervisor Nickens to adopt ordinance changing
the maximum penalty to $250.00, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
R. Wayne Compton, Commissioner of Revenue
Alfred C. Anderson, Treasurer
Paul M. Mahoney, County Attorney
Skip Burkart, Commonwealth Attorney
Magistrate
Police Department
Sheriff's Office
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County Family Services Court, Intake Counsellor
4
ii
1J
y
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-5 EXTENDING THE FRANCHISE OF
COX CABLE ROANOKE, INC. TO OPERATE A CABLE
TELEVISION SYSTEM IN ROANOKE COUNTY FOR A
PERIOD OF 60 DAYS AND PROVIDING FOR A 1%
INCREASE IN THE FRANCHISE FEE PAYMENT
WHEREAS, Cox Cable Roanoke, Inc. currently holds a
franchise granted by the Board of supervisors of Roanoke County,
Virginia, to operate a cable television system within portions of
Roanoke County as part of a valley -wide cable television system;
and
WHEREAS, negotiations have been under way for a period of
several months between Cox Cable Roanoke, Inc. and the County of
Roanoke, the City of Roanoke and the Town of Vinton, Virginia, for
the renewal of this franchise which was extended for a period of
sixty days from the expiration of the current franchise agreement
on December 31, 1990, by Ordinance # 121890-17, but which
negotiations may not be concluded sufficiently prior to the present
date of expiration to permit adoption by the respective governing
bodies prior to March 1, 1991; and
WHEREAS, Cox Cable Roanoke, Inc. is prohibited by federal law
from operating a cable television system within any jurisdiction
without a franchise agreement or extension as defined by federal
law; and
WHEREAS, the first reading of this ordinance was held on
February 12, 1991, and the second reading of this ordinance was
held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That in order to permit Cox Cable Roanoke, Inc. to
continue to operate a cable television franchise within the
territorial limits of Roanoke County, Virginia, after March 1,
1991, and to prevent any interruption of cable television services
to customers of Cox Cable Roanoke, Inc., the franchise of Cox Cable
Roanoke, Inc. for the operation of a cable television system within
Roanoke County, Virginia, is hereby extended for a period of sixty
(60) days beginning at 12:00, midnight on March 1, 1991.
2. That pursuant to Section 14 of the franchise agreement
dated January 20, 1975, the franchise fee paid to the County of
Roanoke shall be in the amount of five percent (5%) of the
grantee's gross revenues as provided for in the Cable
Communications Policy Act of 1984 from its cable television service
and operations effective midnight on Maw January 1, 1991.
3. This ordinance shall be in full force and effect from its
passage.
On motion of Supervisor Nickens to adopt ordinance with 5%
franchise fee retroactive to January 1, 1991, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 26, 1991
RESOLUTION 22691-6 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 February 26, 1991, 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 8, inclusive, as follows:
1. Confirmation of Committee Appointments to the
Grievance Panel, the League of Older Americans
Advisory Council and the League of Older Americans
Board of Directors.
2. Donation of drainage easement from Deborah A. Line
in connection with the Remington Road Project in
Hunting Hills Subdivision.
3. Request for approval of Raffle Permit - Roanoke
County Occupational School P.T.A.
4. Acceptance of water and sanitary sewer facilities
serving Northpark Office Park.
5. Acceptance of water and sanitary sewer facilities
serving Colonnade Corporate Center II, Phase I.
6. Acceptance of sanitary sewer facilities serving
Steeplehunt at Canterbury Park, Section 5.
7. Authorization to allow the Bent Mountain Fire
Station to be used by the Bent Mountain Women's
Club.
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 Robers, and carried by the following
recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: George Simpson, Assistant Director, Engineering
Clifford Craig, Utility Director
File
A.
ACTION NO. A -22691-6.a
ITEM NUMBER �< —
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
AGENDA ITEM: Confirmation of Committee Appointment to the
Grievance Panel, League of Older Americans
Advisory Council and League of Older AMericans
Board of Directors
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the February 12, 1991
meeting and should be confirmed by the Board of Supervisors:
Grievance Panel
Supervisor Robers nominated Joy McConnell to serve a three-year
term as an alternate member. The term will expire September 10,
1993.
League of Older Americans Advisory Council
Supervisor Eddy nominated Frances R. Holsinger to serve another
one-year term which will expire March 31, 1991.
League of Older Americans Board of Directors
Supervisor McGraw nominated Murry K. White to serve another one-
year term which will expire March 31, 1991.
RECOMMENDATION•
It is recommended that the Board of Supervisors confirm the above
appointments.
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
APPROV BY:
Elmer C. Hodge
County Administrator
i
----------------------------------------------------------------
ACTION VOTE
Approved Motion by: Richard w_ Rohers No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Grievance Panel File
League of Older Americans Advisory Council File
League of Older Americans Board of Directors File
ACTION NO. A -22691-6.b
ITEM NO. kl�"-Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
®UNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
AGENDA ITEM: Donation of drainage easement in connection with
the Remington Road Project in Hunting Hills Subdi-
vision from Deborah A. Line to the Board of Super-
visors of Roanoke County
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves the donation of an easement
for drainage purposes, in connection with the Remington Road
Project in Hunting Hills Subdivision, over and across property of
Deborah A. Line, located in the Cave Spring District of the County
of Roanoke as follows:
a) Donation of a drainage easement, fifteen feet (151) in
width, from Deborah A. Line (Deed Book 1295, page 209;
Tax Map No. 88.13-3-10), said easement being shown and
designated as 1115' D.E." on a plat prepared by the
Roanoke County Engineering Department, dated December 19,
1990.
The location and dimensions of this property have been
reviewed and approved by the County's engineering staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of this property.
Respectfully submitted,
Vick a L. Hfitfian
Assistant County Attorney
K— z
Action Vote
No Yes Abs
Approved (x) Motion by Richard W. Robers Eddy x
Denied ( ) Johnson x
Received ( ) McGraw x
Referred Nickens x
to Robers x
cc: File
George Simpson, Assistant Director, Engineering
Cliff Craig, Director, Utilities
A -22691-6.c
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•
AGENDA ITEM: Request for approval of a Raffle Permit from
Roanoke County Occupational School PTA
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
The Roanoke County Occupational School PTA has applied for a Raffle
Permit to be held on April 13, 1991.
The application has been reviewed by the Commissioner of the
Revenue and he recommends approval. The $25.00 fee has been paid.
STAFF RECOMMENDATION:
It is recommended that the Raffle Permit be approved.
Respectfully submitted Approved by
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Richard W. Robers No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( )
To ( )
cc: File
Bingo/Raffle File
McGraw x
Nickens x
Robers x
rte- V
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. s_ q.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seq. of the Roanoke County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one)
RAFFLE PERMIT X BINGO GAMES
Name of Organization Roanoke County Occupational School P.T.A.
Street Address 5937 Cove Road,N.W.
Mailing Address
City, State, Zip Code Roanoke, Virginia 24019
Purpose and Type of Organization Parent Teacher Association
When was the organization founded?
1
1972
Roanoke County meeting place? Yes
Has organization been in existence in Roanoke County_ for two con-
tinuous years? YES X NO
Is the organization non-profit? YES X NO
Indicate Federal Identification Number #
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: Eileen Harp Vice -President (;a; i r1 l ngt-n lPP1
Address: 1536 Bluemont Ave.
Roanoke, Va. 24015
Address: 2321 Denniston Ave. S.W.
Roanoke, Va. 24015
Secretary: Thayer Walker Treasurer: Virginia A. Mattern
Address:
5213 Green Meadow Rd. Iddress: 5460 North Lake Drive N.W.
Roanoke, Va. 24018 Roanoke, Va. 24019
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name Virginia A. Mattern
Home Address 5460 North Lake Dr., Roanoke, Va. 24019
Phone562-0343 Bus. Phone
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION.
Specific location where Raffle or Bingo Game is to be conducted.
Multi-purpose Room, Roanoke County Occupational School
5937 Cove Road, N.W., Roanoke, Va. 24019
RAFFLES: Date of Drawing 4/13/91 Time of Drawing 9:30 P.M.
BINGO: Days of Week & Hours of Activity:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
From
To
From
To
From
To
From
To
From
To
From
To
From
To
2
State specifically how the proceeds from the Bingo/Raffle will be
used. List in detail the planned or intended use of the proceeds.
Use estimates amounts if necessary.
Used to supplement material needs and supplies for the classroom
teachers
3
BINGO: Complete the following:
Legal owner(s) of the building where BINGO is to be conducted:
Name:
Address:
County
State zip
Is the building owned by a 501-C non-profit organization?
Seating capacity for each location:
Parking spaces for each location:
ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19
1. Gross receipts from all sources related to the operation of
Bingo games or Instant Bingo by calendar quarter for prior calen-
dar year period.
BINGO INSTANT BINGO
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
2. Does your organization understand that it is a violation of
law to enter into a contract with any person or firm, associa-
tion, organization, partnership, or corporation of any classifica-
tion whatsoever, for the purpose of organizing, managing, or con-
ducting Bingo Games or Raffles? Yes
3. Does your organization understand that it must maintain and
file complete records of receipts and disbursements pertaining to
Bingo games and Raffles, and that such records are subject to
audit by the Commissioner of the Revenue? Yes
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
cords required to be maintained for Bingo games or raffles?
Yes
4
15�'_3
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued? Yes
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter? Yes
7. Does your organization understand that the failure to file
financial reports when due shall cause automatic revocation of
the permit, and no such organization shall conduct any Bingo game
or raffle thereafter until such report is properly filed and a
new permit is obtained? Yes
B. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? Yes
9. Does your organization understand that a one percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? Yes
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? Yes
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? Yes
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia? Yes
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? Yes
5
14. Has your organization attached a complete list of its member-
ship to this application form? AVaI to n (eC�Uesf.
15. Has your, organization attached a copy of its bylaws to this
application form? Ve 5
16. Has the organization been declared exempt from property taxa-
tion under the Virginia Constitution or statutes? Yes
If yes, state whether exemption is for real, personal property,
or both and identify exempt property.
We are a Parent-Teacher Association
We hold no real or personal property
17. State the specific type and purpose of the organization.
Parent-Teacher Association
Support Group for student activities
18. Is this organization incorporated in Virginia?
If yes, name and address of Registered Agent:
No
19. Is the organization registered with the Virginia Department
of Agriculture and Consumer Affairs pursuant to the Charitable
Solicitations Act, Section 57-48 of the Virginia Code? No
(If so, attach copy of registration.)
Has the organization been granted an exemption from registration
by the Virginia Department of Agriculture and Consumer Affairs?
nZa (If so, attach copy of exemption.)
ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED,
VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION.
Article Description
Double Wedding Ring Quilt
Fair Market Value
$350.00
/-� -z
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b.
A record in writing of the dates on which Bingo
the number of people in attendance on each date,
amount of receipts and prizes on each day?
(These records must be retained for three years.)
is played,
and the
c. A record of the name and address of each individual to whom -a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
26. Does your organization understand that a Certificate of Occu-
pancy must be obtained or be on file which authorizes this use at
the proposed location? Yes
27. Does your organization understand that awards or prize money
or merchandise valued in excess of the following amounts are
illegal? Yes
a. No door prize shall exceed twenty-five dollars.
b. No regular Bingo or special Bingo game shall exceed One Hund-
red dollars.
C. No jackpot of any nature whatsoever shall exceed One Thousand
Dollars, nor shall the total amount of jackpot prizes awarded
in any one calendar day exceed One Thousand Dollars.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL
APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in 518.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered.
Signed by:
Name
Subscribed and sworn before me,
My commission expires:
My Commission Expires August A W 19
( Pyt°i r 5 34 BI c.�Pn�c�n��y� l2`1,
Home Address"-RUarJ6b21
this day of� (U Q_Q 19Title
yv�
=-Notary Public
RETURN THIS COMPLETED APPLICATION TO:
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
y
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
2=
Date Commisstioner o e Revenue
The above application is not approved.
Date
9
Commissioner of the Revenue
ACTION # A -22691-6.d
ITEM NUMBER /5-"
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving
Northpark Office Park
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Northpark Office Park, have requested that
Roanoke County accept the Deed conveying the water and sanitary
sewer facilities serving the subdivision along with all necessary
easements.
The water and sewer facilities are installed, as shown on plans
prepared by Lumsden Associates, P.C. entitled, Northpark Office
Park dated April 20, 1989, which are on file in the County
Engineering Department. The water and sanitary sewer facility
construction meets the specifications and the plans approved by the
County.
FISCAL IMPACT•
The value of the water and sanitary sewer construction is $36,000
and $10,000 respectively.
RECOMMENDATION•
Staff recommends that the Board of Supervisors accept the water and
sanitary sewer facilities serving Northpark Office Park along with
all necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Clifford Cr i , P.E.
Utility Director
Y2�� X�n
Elmer C. Hodge
County Administrator
�-y
ACTION VOTE
Approved (x) Motion by: Richard W. Robers No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred McGraw x
to Nickens x
Robers x
cc: File
George Simpson, Assistant Director, Engineering
Cliff Craig, Director, Utilities
N
ACTION # A -22691-6.e
ITEM NUMBER A5=5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving
Colonnade Corporate Center II, Phase I
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Colonnade Corporate Center II, Phase I, The
Hobart Companies, Ltd., have requested that Roanoke County accept
the Deed conveying the water and sanitary sewer facilities serving
the subdivision along with all necessary easements.
The water and sewer facilities are installed, as shown on plans
prepared by Balzer and Associates entitled Colonnade Corporate
Center II, Phase I, dated October 19, 1988, which are on file in
the County Engineering Department. The water and sanitary sewer
facility construction meets the specifications and the plans
approved by the County.
FISCAL IMPACT:
The value of the water and sanitary sewer construction is $20,000
and $12,000 respectively.
RECOMMENDATION•
Staff recommends that the Board of Supervisors accept the water and
sanitary sewer facilities serving Colonnade Corporate Center II,
Phase I along with all necessary easements, and authorize the
County Administrator to execute a Deed for the transfer of these
facilities.
SUBMITTED BY:
Clifford aig, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (x) Motion by: Richard W. Robers No
Denied ( ) Eddy
Received ( ) Johnson _
Referred McGraw _
to Nickens _
Robers
cc: File
Cliff Craig, Director, Utilities
George Simpson, Assistant Director, Engineering
Yes Abs
x
x
x
x
x
1
A -22691-6.f
ACTION #
ITEM NUMBER 141 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
SUBJECT: Acceptance of Sanitary Sewer Facilities Serving
Steeplehunt at Canterbury Park, Section 5
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Steeplehunt of Canterbury Park, Section 5, Boone,
Boone & Loeb, Inc., have requested that Roanoke County accept the
Deed conveying the sanitary sewer facilities serving the
subdivision along with all necessary easements.
The sewer facilities are installed, as shown on plans prepared by
Lumsden Associates, P.C., entitled, Steeplehunt at Canterbury Park,
Section 5, dated September 22, 1987, which are on file in the
County Engineering Department. The sanitary sewer facility
construction meets the specifications and the plans approved by the
County.
FISCAL IMPACT•
The value of the sanitary sewer construction is $20,000.
RECOMMENDATION•
Staff recommends that the Board of Supervisors accept the sanitary
sewer facilities serving Steeplehunt at Canterbury Park, Section
5 along with all necessary easements, and authorize the County
Administrator to execute a Deed for the transfer of these
facilities.
f
SUBMITTED BY:
Cli for aig, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (X) Motion by: Richard W. Robers No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred McGraw x
to Nickens x
Robers x
cc: File
Cliff Craig, Director, Utilities
George Simpson, Assistant Director, Engineering
ACTION NO. A -22691-6.q
ITEM NO. h5'— 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: February 26, 1991
AGENDA ITEM: Authorization to allow the Bent Mountain Fire
Station to be used by the Bent Mountain Women's
Club
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Bent Mountain Woman's Club has requested permission to
utilize the old Bent Mountain Fire Station for the purpose of
conducting a yard sale and bake sale from May 8 through May 14,
1991.
This organization holds an annual yard and bake sale with
proceeds going for charitable and benevolent purposes. The Board
has approved this use for the past five (5) years. See the
attached request letter from Mary Walker, Ways and Means Chairman
of this organization.
The organization has agreed to
to the property as a result of these
organization has agreed to execute
County from any injuries or damages
result of these stated activities.
FISCAL IMPACTS:
None.
STAFF RECOMMENDATION:
be responsible for any damage
activities. In addition, the
a waiver releasing Roanoke
to persons and property as a
Staff makes the following recommendations:
1. That the Board authorize the County Administrator to
execute such documents to accomplish this transaction on forms
approved by the County Attorney.
2. That the Board favorably consider this authorization by
resolution under the consent agenda.
17 --
Respectfully submitted,
Paul M. Mahoney
County Attorney
Vote
Action No Yes Abs
x
Motion by Richard W- Rober- EddyJohnson x
McGraw x
Nickens x
Robers x
File
Paul Mahoney, County Attorney
Thomas Fuqua, Chief, Fire & Rescue
hr- 7
R E L E A S E
In consideration of One Dollar ($1.00) and other benefits to
be received by the undersigned, the receipt and sufficiency whereof
is hereby acknowledged, the undersigned hereby releases and forever
discharges the Board of Supervisors of Roanoke County, Virginia, a
political subdivision of the Commonwealth of Virginia, its
officers, agents, and employees for any and all claims, demands,
damages, actions, causes of action, or suits of any kind what-
soever, and particularly on account of all injuries or damage,
known or unknown, both to person and property, which have resulted
or may in the future develop by reason of the use of the Old Bent
Mountain Fire Station by the Bent Mountain Women's Club.
The undersigned hereby declares that the terms of this
agreement have been completely read and are fully understood and
voluntarily accepted.
Witness my hand and seal this day of
1991.
BENT MOUNTAIN WOMEN'S CLUB
By
State of Virginia
County of Roanoke, to -wit:
I
The following instrument was acknowledged before me this _
day of , 1991, by
on behalf of the Bent Mountain Women's Club.
Notary Public
My commission expires:
k
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-7 TO CHANGE THE ZONING
CLASSIFICATION OF A 0.5 ACRE TRACT OF REAL
ESTATE LOCATED AT 4721 STARKEY ROAD (TAX MAP
NO. 87.07-04-09) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-1 TO THE ZONING
CLASSIFICATION OF M-1 UPON THE APPLICATION OF
ROGER JEFFERSON
WHEREAS, the first reading of this ordinance was held on
January 22, 1991, and the second reading and public hearing was
held February 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on February 5, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing 0.5 acre, as described herein, and located at
4721 Starkey Road, (Tax Map Number 87.07-04-09) in the Cave Spring
Magisterial District, is hereby changed from the zoning
classification of B-1, Office District, to the zoning
classification of M-1, Light Industrial District.
2. That this action is taken upon the application of Roger
Jefferson.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
a.The facility will not be utilized for vehicle painting,
upholstering, major repairing, rebuilding, reconditioning, body and
fender work; commercial laundry and dry cleaning plants; flea
markets.
4. That said real estate is more fully described as follows:
BEGINNING at a point on the south side of
Willow Dell Drive 218.4 feet southerly from
the southeast corner of Willow Dell and Floyd
Road Drive; thence N. 85 deg. 001 E. 228.8
feet to a point on the line of Lot 4; thence
with the line of Lots 4 and 5, S. 5 deg. 00'
E. 110 feet, more or less, to a fence post
corner to Lots 5, 6, and 8; thence with the
line of Lot 8, S. 85 deg. 00' W. 181 feet to
a point on Willow Dell Drive; thence with said
Willow Dell Drive, N. 28 deg. 14' W. 119.7
feet to the place of BEGINNING and being Lot
9, according to the map of Willow Dell made by
C. B. Malcolm, S.C.E., September 5, 1936, and
revised February 15, 1943.
BEING the same property conveyed to Troy G.
Brugh and Edna P. Brugh, husband and wife, or
the survivor, by deed dated July 7, 1948, from
H. R. Brugh and Gertrude D. Brugh, husband and
wife, and recorded in the aforesaid Clerk's
Office in Deed Book 401, page 181.
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.
On motion of Supervisor Robers to adopt ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-8 AUTHORIZING A USE -NOT -
PROVIDED -FOR PERMIT TO ALLOW EIGHTEEN (18)
CONCERTS LOCATED AT VALLEYPOINTE IN THE
HOLLINS MAGISTERIAL DISTRICT UPON THE
APPLICATION OF THE EASTER SEAL SOCIETY OF
VIRGINIA, INC.
WHEREAS, the first reading of this ordinance was held on
January 22, 1991, and the second reading and public hearing was
held February 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on February 5, 1991; 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 a use -not -provided -for permit allowing eighteen (18)
summer concerts to be held from mid-May until mid-September of 1991
on a certain tract of real estate containing 2.4 acres (part of Tax
Map Number 37.07-1-14) located at Valleypointe Corporate
Development Community in the Hollins Magisterial District is hereby
authorized.
2. That this action is taken upon the application of The
Easter Seal Society of Virginia, Inc.
3. 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.
On motion of Supervisor Johnson to adopt ordinance amended to
El
include beginning and ending dates of concerts, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-9 VACATING A FIFTEEN FOOT (151) PUBLIC
UTILITY EASEMENT LOCATED ON LOTS 2, 3, AND 4 OF FRANKLIN
ESTATES SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Petitioners, Mr. and Mrs. Roy G. Lockner and Mr.
and Mrs. George S. Coury, have requested the Board of Supervisors
of Roanoke County, Virginia to vacate a 15 -foot public utility
easement located on Lots 2, 3, and 4 of Franklin Estates Subdivi-
sion in the Catawba Magisterial District as shown in Plat Book 11,
at page 187 of record in the Clerk's Office of the Roanoke County
Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia,
as amended, requires that such action be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-
431 of the 1950 Code of Virginia, as amended, and a first reading
of this ordinance was held on February 12, 1991; and the second
reading of this ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 15 -foot public utility easement located on Lots 2,
3, and 4 of Franklin Estates Subdivision in the Catawba Magisterial
District of record in Plat Book 11, at page 187, in the Office of
the Clerk of the Circuit Court of Roanoke County, Virginia, be, and
hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code
of Virginia, as amended; and,
1
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.
3. That the Petitioners shall record a certified copy of this
ordinance with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, FEBRUARY 26, 1991
ORDINANCE 22691-10 VACATING A TWENTY FOOT (201) WATER
LINE EASEMENT AS SHOWN ON THE SUBDIVISION PLAT (PB 11,
PAGE 155) FOR THE ESTATE OF WILLIAM DANIEL BURRIS SR. AND
FRANK R. AND MARY ELIZABETH RADFORD, CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the Petitioners, Mr. Frank R. and Mary Elizabeth
Radford have requested the Board of Supervisors of Roanoke County,
Virginia to vacate approximately 270 feet of an existing 20 -foot
water line easement located as shown on the subdivision plat for
the estate of William Daniel Burris Sr. and Frank R. and Mary
Elizabeth Radford of record in the Clerk's Office of the Roanoke
County Circuit Court in Plat Book 11, page 155; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia,
as amended, requires that such action be accomplished by the
adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-
431 of the 1950 Code of Virginia, as amended, and a first reading
of this ordinance was held on February 12, 1991; and the second
reading of this ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That approximately 270 feet of a 20 -foot water line
easement located as shown on the subdivision plat for the estate
of William Daniel Burris Sr. and Frank R. and Mary Elizabeth
Radford (Windsor Hills Magisterial District) of record in the
Clerk's Office of the Roanoke County Circuit Court in Plat Book 11,
page 155, be, and hereby is, vacated pursuant to Section 15.1-
page 155, be, and hereby is, vacated pursuant to Section 15.1-
482(b) of the 1950 Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
3. That the Petitioners shall record a certified copy of this
ordinance with the Clerk of the Circuit Court and shall pay all
fees required to accomplish this transaction.
On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
-/>'i�� '--j 4
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
OA
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, FEBRUARY 26, 1991
RESOLUTION 22691-11 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 Nickens, and carried by the following
recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
y�G2 xv
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
CC: File
Executive Session File