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HomeMy WebLinkAbout4/25/1989 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION 42589-1 OF CONGRATULATIONS TO TWELVE COUNTY EMPLOYEES UPON THEIR SELECTION AS A DEPARTMENTAL EMPLOYEE OF THE YEAR 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, The Board of Supervisors of Roanoke County, Virginia, approved an Employee of the Year Program in November,1986, to recognize outstanding employees and encourage excellence in performance of job duties; and WHEREAS, twelve finalists were nominated by their individual departments based on criteria which included excellence in the performance of job duties, display of service to the public and to fellow employees, and contribution of money -saving or labor-saving ideas; and WHEREAS, these twelve employees are also the finalists in the Employee of the Year Program; and WHEREAS, they are deserving of special recognition by the Board of Supervisors of Roanoke County and the citizens of Roanoke County for their outstanding contributions to the County during 1988; and WHEREAS, these employees will be present to receive individual recognition for this honor. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation to Walter River Bonhotel, Frederick W. Bower, Gary E. Coleman, Katherine S. Davis, Maroni C. Green, David W. Hogan, Cynthia L. Nipper, Susie B. Owen, Margaret T. Reynolds, Wanda C. Riley, Florence S. Sellards, and Kathy K. Vest for their excellent performance and their capable, loyal, and dedicated service to the citizens of Roanoke County; and FURTHER, The Board of Supervisors of Roanoke County offers its congratulations to these employees for being selected Departmental Employees of the Year and finalists in the Employee of the Year Program for 1988. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION 42589-2 OF CONGRATULATIONS TO FLORENCE S. SELLARDS UPON HER SELECTION AS ROANOKE COUNTY EMPLOYEE OF THE YEAR BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, The Board of Supervisors of Roanoke County, Virginia, approved an Employee of the Year Program in November, 1986; and WHEREAS, the purpose of this program is to recognize outstanding employees and encourage excellence in performance of job duties; and WHEREAS, a committee appointed by the County Administrator and made up of five representatives from the Employee Advisory Committee selected the 1988 Roanoke County Employee of the Year from a group of departmental nominees; and WHEREAS, Florence S. Sellards is deserving of special recognition by the Board of Supervisors of Roanoke County and the citizens of Roanoke County for her outstanding contributions made during the year 1988. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation to Florence S. Sellards for her excellent performance, and capable, loyal, and dedicated service to the citizens of Roanoke County; and FURTHER, the Board of Supervisors of Roanoke County offers it congratulations to Florence S. Sellards for being selected as Employee of the Year for 1988. On motion of Supervisor Garrett, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: , � - Mary H. Al en, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION 42589-3 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE BLUE RIDGE SOIL AND WATER CONSERVATION DISTRICT WHEREAS, the Soil and Water Conservation Districts are important parts of the State's campaign to conserve our natural resources; and WHEREAS, the Blue Ridge Soil and Water Conservation District has been active in Southwest Virginia in preserving the natural beauty of the area; and WHEREAS, the Blue Ridge Soil and Water Conservation District is responsible for many important functions in Roanoke County, including education in the schools, providing scholarships to students and approving distribution of erosion assistance to farmers; and WHEREAS, April 30 - May 7 has been declared Soil and Water Stewardship Week in the State. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors, on its own behalf and on behalf of the citizens of Roanoke County, does hereby express deepest appreciation to the Directors of the Blue Ridge Soil and Water Conservation District for their vigilant protection of the resources and beauty of the Roanoke Valley; and FURTHER, BE IT RESOLVED that the Week of April 30 - May 7, be and hereby is declared, Soil and Water Stewardship Week in Roanoke County. On motion of Supervisor Garrett, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION # , A-42589-4 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: Request of Schools for Appropriation of Additional Monies for School Federal Programs Fund COUNTY ADMINISTRATOR'S COMMENTS: �(,` t �-,-.•�r+2tn,,t/ y � ..�,�,�-dam, Q BACKGROUND: SUMMARY OF INFORMATION: During the 1988-89 budget process the schools submitted the Federal Programs budget based upon their estimate of revenues to be received from the federal government for these programs. Since that time the schools have been notified that the actual amount of federal funds that they will receive will be higher than they had anticipated. The attached resolution from the County School Board requests an additional appropriation of $33,592 to be appropriated as follows: Title IV -B Flow Through $ 29,000 In Service -Special Education 2,500 89-313 Project 2,092 Total Title IV -B Flow Through monies are used to pay for paraprofes- sionals, physical therapy, and psychologists for emotionally dis- turbed children. In Service -Special Education money is used for conferences and workshops for teachers for autistic children and other children with special needs. 89-313 project money is given to localities based upon the number of children returning to the school system from institutions. This money is used to purchase special equipment and materials for these children with emotional problems. FISCAL IMPACT: T - I Federal revenues for the school will be increased by $33,592. There will also be a corresponding increase in school federal expenditures. STAFF RECOMMENDATION: Staff recommends approving the appropriation of these addi- tional monies to the school federal programs budget. Diane D. HyattV Elmer C. Hod(re Director of Finance County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Steven No Yes Abs Denied ( ) A. McGraw Garrett x Received ( ) Johnson x Referred McGraw x To Nickens x Robers x cc: File Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Ruth Wade, Clerk, School Board Frank Sparks, Supervisor, Special Education i FROM THE MINUTES OF TBE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, ' VIRGINIA, MEETING IN REGULAR SESSION AT 7 P.M., APRIL 13, 1989, IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN ADDITIONAL APPROPRIATION BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE SCHOOL FEDERAL PROGRAMS FUND. WHEREAS, certain categories in the Federal Programs budget relating to special education funding for 1988-89 were estimated amounts inasmuch as actual project approvals were not received until the fall of 1988; BE IT RESOLVED that the County School Board of Roanoke County on motion of Charlsie S. Pafford and duly seconded, requests an additional appropriation of $33,592.00, based on 100 percent federal reimbursement, to the Federal Programs budget to be distributed as follows: TESTE: Z: C Clerk c: Mrs. Diane Hyatt Amount Project Appropriation Project Budgeted Approval Needed Title VI -B Flow Thru $413,380. $442,380. $29,000. Inservice - Sp Ed 9,000. 11,500. 2,500. 89-313 Project 00. 2,092. 2,092. S33.592• Adopted on the following recorded vote: AYES: Paul G. Black, Richard E. Cullinan, Charlsie S. Pafford, Frank E. Thomas NAYS: None ABSENT: Barbara B. Chewning TESTE: Z: C Clerk c: Mrs. Diane Hyatt ACTION # A-42589-5 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD -OF SUPERVISORS OF-ROANOKE - COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: Analysis of the Subsidy Request from Roanoke County for Valley Metro Services COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Attached is a letter dated April 17, 1989, from the Greater Roanoke Transit Company (Valley Metro), which projects a subsidy being needed from Roanoke County during the 1989-90 fiscal year in the amount of $26,544.00. Valley Metro currently provides three routes into Roanoke County; one which serves Tanglewood Mall, the second which serves Cave Spring Corners, and the third which serves Edinburgh Square. The copy of the letter (Attachment A) is included with this report for your consideration. On Friday, April 21, 1989, I met with Stephen A. Mancuso, General Manager for Valley Metro, to analyze the request for the increased subsidy from Roanoke County. Attachment B provides a break down of the services currently being provided, highlights of the present schedule and changes for the proposed schedule. Presently, ten (10) trips per day are provided to Cave Spring Corners and the County subsidizes all costs over revenues generated. Twenty-one (21) trips per day, Monday through Friday and eleven (11) trips on Saturday are provided to the Tanglewood Mall area, with a 10� surcharge per passenger (zone charge) being paid by the passenger. Third, three (3) trips per day Monday through Friday are provided to Edinburgh Square with no subsidy and no surcharge. In an attempt to provide better services overall, Valley Metro proposes that each of its routes should receive twenty (20) trips per day on a 30 minute schedule with no zone charges being added to the regular fare and the anticipated subsidy required being provided by the locality. Based upon ridership for 1988, the estimated subsidy required is $30,181.74 for the Cave Spring Corner Route, a profit of $6,718.15 for the Tanglewood Mall Route and a cost of $3,073.62 for the Edinburgh Square Route, for a net subsidy by the County of Roanoke of $26,537.20. Attachment C analyzes the passenger utilization of the Cave Spring Corner Route (Brambleton Avenue), since its inception in November, 1987, and you will notice that there was a slight increase during February and March of 1988, when there was a special promotional effort announcing the availability of the service along the Brambleton Route, however, that there has been a steady decline in rider participation since that date. Most recently, there were only 174 passengers who either boarded or departed from this bus route during the entire month of March, which constitutes an average of 7.6 passengers -per day and -a --net subsidy of $5.10 per passenger. After sharing this information with Richard Wells of the Brambleton Avenue Association, he concurs that the participation and positive business influence of having Valley Metro serve the Brambleton Avenue area has not been significant enough to warrant any continuation of this subsidy, especially the increased level as proposed by Valley Metro. ALTERNATIVES AND IMPACT: Alternative #1: Advise Valley Metro that the County of Roanoke endorses their proposed routes serving Tanglewood Mall and Edinburgh Square, the combination of which can be provided at no subsidy being paid by the County of Roanoke and that the Cave Spring Corners Route (Brambleton Avenue) be deleted. Alternative #2: Advise Valley Metro that all three routes should be discontinued into the County, thereby having no fiscal impact to the County. Alternative $3: Accept the proposal as offered by Valley Metro costing an estimated $26,537.00 for the 1989/90 fiscal year (this money has not be included in the proposed budget). STAFF RECOMMENDATION: Staff recommends Alternative #1, which continues and expands the level of service to Tanglewood Mall and Edinburgh Square with no fiscal impact to the County and deletes service to Cave Spring Corners (Brambleton Avenue). Staff further recommends that a letter be sent to the Brambleton Avenue Association advising that the service will be discontinued after June 301 1989, in case there are employees or special service needs which must be accounted for. Respectfully Submitted: ohn M. ChamblKss, Jr. Assistant Administrator Approved ( x) Denied ( ) Received ( ) Referred To Approved By: Elmer C. Hodge County Administrator ACTION Motion by: Harry C. Nickens/Bob L. Johnson to approve Alter- Garrett native #1 Johnson McGraw Nickens Robers Attachments (3) cc: File John Chambliss, Assistant County Diane Hyatt, Director, Finance Reta Busher, Director, Management Administrator & Budget VOTE No Yes Abs x x x x X Mr. Lee Garrett Chairman, County Roanoke County P. O. Box 29800 Roanoke, Virginia April 17, 1989 Dear Mr. Garrett: Board of Supervisors 24018 VALLEY METRO Ga* Trust C=wi P.C. Sa 13247 ftoft V& 21012 701.94'1-2222 As you may be aware, the Greater Roanoke Transit Company staff has been evaluating requests for improved service during the past nine months through an Internal Task Force, and is presently including the recommendations made by this planning committee into the FY 90 budget proposal being submitted to the GRTC Board of Directors. These recommendations affect the transit service presently provided within the Roanoke County and in conjunction with the adoption of GRTC's FY 90 budget by the CRTC Board of Directors, it is our intention to determine if the transit service recommendations for Roanoke County are acceptable and to what extent Roanoke County is willing to commit to a long term partnership for the continuation of transit service. Overall, the transit service recommendations included in GRTC's proposed budget provide much better service system- wide. Likewise, the transit service recommendations for Roanoke County include the provision of the same level of service as is being provided elsewhere representing a substantial increase in service as compared to the existing service. Also recommended is the elimination of the zone fare charged by Roanoke County, largely because of the committee's belief that jurisdictional zone fares tend to discourage mobility and yet mobility is crucial to not only GRTC's success, but also to the economic well-being and success of the Roanoke Valkey. Within Roanoke County, GRTC presently provides transit service along three routes. First, there are twenty-one trips five days a week to Tanglewood Mall and eleven trips on Saturday, along the Cove Road/Prospect Hills route, with a service frequency of every thirty minutes in the morning and afternoon and a service frequency of one hour during the middle of the day. Second, there are ten trips five days a week to Cave Spring Corner, along the Huntington Court/Wasena route, with a service frequency of every one hour in the The Greater Roanoke Transit Coompa Z morning and afternoon and a service frequency of ever three hours during the middle of the day. ' along the are trips five days a week to.Edinburgh Square, g Huntington Court/Wasena route, with a service the frequency of, every three hours during the middle During FY 90 and in the future, the committee recommends and CRTC proposes to provide transit service within Roanoke County six (6) days per week with twenty round trips per day along three routes. These corridors provide service to Tanglewood Mall (connecting via Ogden Road to Colonial Avenue), to Cave Spring Corner (via Brambleton Avenue and Fleetwood Avenue)er , and to the intersectionhof Ha=ehberService Road and Plantation Road (serving Edinburg would be provided along all of these routes with a service frequency of thirty (30) minutes in the morning nnutes durid afternoon and a service frequency of sixty (60 ) middle of the day. A map depicting the four proposed routes is attached. In the past, of course, GRTC has required Roanoke County to pay 100 % of the cost of the service provided within Roanoke County. Within the budget being submitted to the GRTC Board of Directors, however, a substantially different funding approach is taken with the objective of establishing a long term partnership for the continuation of ftransitoses service within Roanoke County. Specifically, GRTCto provide the aforementioned transit service for a subsidy equalling 50 % of the resulting net deficit, if any. The effect of the formula is to provide Roanoke County, increased benefit of the federal, state and other local funding provided to GRTC. The formula, which is attached, represents the commitment GRTC proposes to make for the continuation of transit service within Roanoke County as an integral and critical part of the transit service provided throughout the Roanoke Valley. utilizing the attached formula, the subsidy that would be needed from Roanoke County during FY 90 is estimated to equal $ 26,544. The exact amount, of course, could be slightly more or less but, in any case, the transit service providedd andded r will be well worth the investment. Over time, and consistent transit service will be recognized by the public and will result in additional ridership and revenues. Over time, better and consistent transit service will play a vital role in the economic well-being and successes fall escribed in the Roanoke Valley. Even with the new funding approach d above, we recognize the increase to Roanoke County is The Greater Roanoke Transit Company 3 significant, but we believe very strongly that the substantially improved service will be well worth the investment. This information is being provided for your consideration o�f the basic level and range of service that we trust Roanoke County can commit to providing for the next five years. I will be happy to answer any questions that you may have and will be happy to prepare a service agreement for execution by the appropriate parties if this proposal is acceptable. Please contact me at your convenience. I would like to reach a formal agreement on the provision of service prior to May 31, 1989. Respectfully yours, i Stephen A. Mancuso General Manager SAM/ Enclosure - (2) Attachments, as stated C: Mr. Elmer Hodge County Administrator Yl G l r ••. � l i t t 1 . �i •rTe_�! TJ Ak� 4.1 1 � •� "rte• •� . t_ r� ,1' w '� y.. �t i\I �rr�y'1 a �J�' i•` r 1 .� •iu ice•»iw.. `�` , .�' �* b. I � 2" zt L •'• ~°'ill = -1,� �,•T'� tr _� 'moi i•• 4;..•. L�'�: v i �� i�. :f.rf :.�'•''t� rl �.••�.�Y ���''���4LLll.....rry�_ N Y • � ,,� • ' r� , � � �+ = • >7 �`'ti r, �: �• •�; � rbc t i.r itV L►� i i ~. � • . ` `,•• •�! fes. 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(Y tT r W N W Of 10 N iti t71 W tl1 W r t71 1.11 1 �/ - D r r (A u? to W w 1V d 1 D r 1 C G 1 O H 1 � N 1 LA D r r 1 G ►+ NN N r 1 O O Of O �+ Of d O 01 V til V QI O7 to v' y \ � o i. v of 1 CD DN- -C 1 1 A r 10 1 1 O N a 1 a w Of r r r N N W tT t71 V fa. t71 Js W tT 1 � r m r N CO tT t0 01 V N v+ m O1 Cl O 10 O t71 t0 r 1 D tp p M r N v A* W a. 01 O W v W O O V w 0 N 1 a D A 3 m z A ACTION # A-42589-6 ITEM'NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: Adoption of the Fiscal Year 1989-90 Budget.. COUNTY ADMINISTRATOR'S COMMENTS: 44-v� BACKGROUND: SUMMARY OF INFORMATION: Attached is the 1989-90 Fiscal Year Budget. Several changes were made to the original document presented to the Board of Supervisors on April 11, 1989. These changes are as follows: 1. $819,905 in bond proceeds was removed from the School Capital Improvements Fund. These proceeds are recorded in the Bond Fund for the renovation of the Old William Byrd Junior High School and must be spent directly out of this fund. 2. The School Bus Fund was reduced by $200,000 to reflect the revised cost estimate for the purchase of thirty school buses. 3. $100,000 was transferred from the Water Offsite Facilities Fund to the Capital Fund for the design of the Springhollow Reservoir. $100,000 of the beginning fund balance was transferred to an economic development reserve in the Capital Fund. Also included in the fiscal year 1989-90 budget are the effects of the changes to the Roanoke County classification plan. First, is the addition of two steps at the top of the scale and second, is the addition of fourteen new positions (see attached list P. 7) . As well, the budget incorporates an increase in the County contribution to the employee health care program from $42 to $45. The proposed budget restricts the $45 benefit to those employees participating in the County Blue Cross/Blue Shield health care program. This restriction was made in order to comply with new Section 89 regulations, and to standardize school and County benefits. ALTERNATIVES AND IMPACTS: The 1989-90 fiscal year budget totals $149,034,331. This includes the changes outlined above and all interfund transfers. The budget net of interfund transfers is $111,639,797. STAFF RECOMMENDATION: Staff recommends the adoption of the 1989-90 fiscal year budget as presented. The next step in the budget process will be the adoption of the Budget Appropriation Ordinance. The first reading will be on May 9, 1989, and the second reading on May 23, 1989. Respectfully submitted, 1104�� /041—r Reta R. Busher Elmer C.'Hodge Director of Management and Budget County Administrator Approved (K) Denied ( ) Received ( ) Referred To cc: File ACTION Motion by: Harry C. Nickens/ Steven A. McGraw, Substitute Garrett Motion to adopt budget reducing Johnson by $130,000 VPSA Loan Fund, McGraw specifically for architects feesNickens for Northside and William Byrd Robers High School Addition Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Paul Mahoney, County Attorney Keith Cook, Director, Human Resources VOTE No Yes Abs C xwy OF ROANOKE, VIRGINIA PROPOSED EXPENDITURES BY FUND FISCAL YEAR 1989-90 BUDGET April 25, 1989 Governmental Funds - General: General Fund Debt Service Fund Youth Haven II Fund Recreation Fee Class Fund Capital Fund Garage II Fund Internal Service Fund Utility Fund Offsite Facilities Fund - Water Offsite Facilities Fund - Sewer Governmental Funds - School: School Operating Fund School Bus Fund School Cafeteria Fund School Federal Programs Fund School Capital Improvements Fund School VPSA Loan Fund School Textbook Fund Regional Special Education Fund Ending Expenditures Balance $ 62,303,648 6,607,879 308,743 259,946 1,051,443 233,700 70,765,359 1,050,534 8,136,003 189,529 Total $ 50,000 $ 62,353,648 6,607,879 308,743 259,946 1,051,443 233,700 50,000 70,815,359 1,050,534 8,136,003 189,529 195,144 195,144 80,336,569 50,000 80,386,569 58,048,697 58,048,697 1,000,000 1,000,000 2,702,000 2,702,000 1,486,214 1,486,214 1,606,818 1,606,818 2,500,000 2,500,000 479,033 479,033 825,000 825,000 68,647,762 68,647,762 $148,984,331 $ 50,000 $149,034,331 Less: Interfund Transfers (37,394,534) (37,394,534) TOTAL $111,589,797 $ 50,000 $111,639,797 OOUN y OF RO ME, VIRGMA PROPOSED REVENUES BY FUND FISCAL YEAR 1989-90 BUDGET April 25, 1989 O Governmental Funds - General: General Fund Debt Service Fund Youth Haven II Fund Recreation Fee Class Fund Capital Fund Garage II Fund Internal Service Fund Utility Fund Offsite Facilities Fund - Water Offsite Facilities Fund - Sewer Governmental Funds - School: School Operating Fund School Bus Fund School Cafeteria Fund School Federal Programs Fund School Capital Improvements Fund School VPSA Loan Fund School Textbook Fund Regional Special Education Fund Beginning Available Balance Revenues Funds $ 525,000 525,000 $ 61,828,648 6,607,879 308,743 259,946 1,051,443 233,700 70,290,359 1,050,534 8,136,003 189,529 $ 62,353,648 6,607,879 308,743 259,946 1,051,443 233,700 70,815,359 1,050,534 8,136,003 189,529 195,144 195,144 525,000 79,861,569 80,386,569 143,918 2,500,000 2,643,918 $ 3,168,918 58,048,697 1,000,000 2,702,000 1,486,214 1,462,900 -0- 479,033 825,000 66,003,844 $145,865,413 58,048,697 1,000,000 2,702,000 1,486,214 1,606,818 2,500,000 479,033 825,000 68,647,762- $149,034,331 Less: Interfund Transfers (37,394,534) (37,394,534) TOTAL $ 3,168,918 $108,470,879 $111,639,797 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 19'89 ORDINANCE 42589-7 AMENDING CHAPTER 8. "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE BY AMENDING ARTICLE I. "IN GENERAL," SECTION 8 - 2 . "DEFINITIONS," SECTION 8-7. "PENALTY FOR VIOLATION CHAPTER," SECTION 8-18. "FAILURE TO COMPLY WITH APPROVED PLANS," AND ARTICLE II. "CONTROL PLAN FOR LAND DISTURBING ACTIVITY," SECTION 8-32, "FILING FEES," BY REPEALING ARTICLE I. "IN GENERAL," SECTION 8-3, EXEMPTIONS FROM CHAPTER AND BY ADOPTING A NEW SECTION 8-18(C) UNDER ARTICLE I. "IN GENERAL," SECTION 8-18. FAILURE TO COMPLY WITH APPROVED PLANS" ENTITLED "STOP -WORK ORDER" WHEREAS, effective July 1, 1988, Title 21, Chapter 1, Article 6 of the 1950 Code of Virginia as amended entitled "Vir- ginia Erosion and Sediment Control law" was recodified as Title 10.1, Chapter 5, Article 4; and WHEREAS, amendments to Title 10.1, Chapter 5, Article 4 of the 1950 Code of Virginia, as amended, "Erosion and Sediment Control Law" were enacted during the 1988 legislative session of the Virginia General Assembly; and WHEREAS, these amendments to the state erosion and sedi- ment control law provide greater enforcement capabilities to 10- ca1ities in order to more efficiently and effectively enforce local erosion soil and sediment control laws; and WHEREAS, at its meeting on March 28, 1989, the Board of Supervisors authorized amending Chapter 8, "Erosion and Sediment Control" of the Roanoke County Code to incorporate the state amendments into the Roanoke County Code; and 1 WHEREAS, notice of the public hearing amending Chapter 8, "Erosion and Sediment Control" of the Roanoke County Code was published in the Roanoke Times and World news on April 4, 1989; and April 11, 1989; and WHEREAS, a first reading of the proposed ordinance was held on April 11, 1989; the second reading was held on April 25, 1989. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, Virginia, that Chapter 8, "Erosion and Sediment Control" be amended and reenacted as follows: Chapter 8. EROSION AND SEDIMENT CONTROL Article I. In General Sec. 8-1. Purpose of chapter. The purpose of this chapter is to safeguard life, limb and property and to provide a means for the control of erosion and sediment in order to promote the public health and welfare of the citizens of the county and to establish procedures for the administration and enforcement of such controls. Sec. 8-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section, unless otherwise clearly indicated: "Applicant" means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land -disturbing activi - ties to commence. "Clearing" means any activity which removes the vege- tative ground cover, including but not limited to, root mat remov- al and topsoil removal. 2 "Conservation plan," "erosion and sediment control plan," or "plan," means a document containing material for the conservation of soil and water resources of a unit or group of units of land It may include appropriate maps, an appropriate soil and water plan inventory and management information when needed interpretations, and a record of decisions contributing to conversation treatment The plan shall contain all major conser- vation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. "Director" means the director of development inspec- tions. "District" or "soil and water conversation district" means a political subdivision of this Commonwealth organized in accordance with the provisions of Chapter 1 (§ 21-1 et seq.) of Title 21. "Erosion and sediment control plan or plan" means a document containing material for the conservation of soil and water resources of a unit or a group of units of land, as re- quired by this chapter. "Erosion impact area" means an area of land not asso- ciated with current land disturbing activity but subject to per- sistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of one acre or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes. "Excavating" means any digging, scooping or other method of removing earth materials. "Filling" means any depositing or stockpiling of earth materials. "Grading" means any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. "Land -disturbing activity" means any land change which may result in soil erosion from water or wind and the move- ment of sediments into state waters or onto lands in the Common - 3 wealth, including but not limited to, clearing, grading, excavat- ing, transporting and filling of land, except that the term shall not include: 1 Minor land -disturbing activities such as home gardens and individual home landscapping, repairs and maintenance work; 2. Individual service connections; 3 Installation, maintenance, or repair of any un- derground public utility lines when such activity occurs on an existing hard surfaced road, street, or sidewalk provided the land -disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced. 4 Septic tank lines or drainage fields unless in- cluded in an overall plan for land -disturbing activity relating to construction of the building to be served by the septic tank system; 5. Surface or deep mining; 6 Exploration or drilling for oil and gas includ- ing the well site, roads, feeder lines and off -site disposal areas; 7 Tilling, planting, or harvesting of agricultur- al, horticultural, or forest crops, or livestock feedlot opera- tions; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irriga- tion; 8 Repair or rebuilding of the tracks, right-of- way, bridges, communication facilities and other related struc- tures and facilities of a railroad company; 9 Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Chapter 8.1 (§ 62.1- 115 1 et seg.), ditches, strip cropping, lister furrowing, con- tour cultivatine. contour furrowing, land drainage and land irri- gation; 4 10 Preparation for single-family residences sepa- rately built, unless in conjunction with multiple construction in subdivision development; 11. Disturbed land areas of less than 10,000 square feet in size; however, the governing body of the county may re- duce this exception to a smaller area of disturbed land or quali- fy the conditions under.which this exception shall apply; 12 Installation of fence and sign posts or tele- phone and electric poles and other kinds of posts or poles; 13 Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; 14 Emergency work to protect life, limb or proper- ty, and emergency repairs; however, if the land -disturbing activi- ty would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan -approving authority . "Land disturbing permit" means' a permit issued by the superintendent director for clearing, filling, excavat- ing, grading or transporting, or any combination thereof, on land, except as excluded elsewhere in this chapter. "Local erosion and sediment control program" or "lo- cal control program" means an outline of the various methods em- ployed by a district or locality to regulate land -disturbing ac- tivities and thereby minimize erosion and sedimentation in compli- ance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspec- tion, enforcement and evaluation. "Owner" means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, les- see or other person, firm or corporation in control of a proper- ty. 5 "Permittee" means the person to whom the permit auth- orizing the land disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utili- ty, cooperative, county, city, town, or other political subdivi- sion of the Commonwealth, any interstate body, or any other legal entity. "Plan -approving authority" means the director of development inspections responsible for determining the adequacy of a conservation plan submitted for land -disturbing activities on a unit or units of lands and for approving plans. "Sediment" means all loose material, including boul- ders, cobbles, pebbles, sand, silt, clay and soil, which may be borne by water, wind, gravity or by any artificial means. "Site plan" means a survey plot of a parcel of land, with contours accurately shown and on which the location of pro- posed structures and of all appurtenant connecting facilities are shown. uSei+- remeva+ll- means- the- - - - - - - - - - - - - - he- ------------- maximum-depth-ef-eighteen-F+B�-taches;-or -------------2--- Moving -or-red+str+but t -ng -such -mate ria+ -far -sae exc+asive+y-en-the-+and-from-which-the-materia+-+s-removed;-or -------------3---Excavat+ng-aaeh-materi-a+-+n-eanneet+on-with-the construction-er- a+test+en-ef-a-ba++d-ing-for-whieh-a-bai+ding perm+t-has-er-ice-to-be-obtained;-er- -------------4---brad+ng-+n-accordance--w+th-en-approved-grad+ng p+an-of-a-sabd+viaien-for-which-a-f+n-a+-p+at-has-been-reeorded among-the-+and-reeerds-ef-the-eeanty;-er -------------�---Remeva+-ef-se++;-grave+-;-er-sand-for-purposes-ef as+e-or-reaa+e- 141 "State erosion and sediment control program" or "state program" means the program administered by the Board pursuant to this article, including regulations designed to minimize erosion and sedimentation. "State waters" means all waters on the surface and under the ground wholly or partially within or bordering the Com- monwealth or within its jurisdiction. "Subdivision," means "subdivision" as defined in Chapter 17 of the Roanoke County Code, Subdivisions. Superintendent- means- the- supe-rintendent-ef-develep- ment-ef -the-eotsnty- "Town" means an incorporated town. "Transporting" means any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sediment will result from the soil or earth materials over which such transporting occurs. "Unstable ground" means all land the surface of which is shifting laterally or vertically as' the result of natu- ral causes. Examples: Naturally ingressing seepage areas, sink- hole depressions and terrain within which downslope movement of loose rocks and soil is taking place. Sec. 8-2.1. Applicability of chapter in Town of Vinton. The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton. Administra- tive procedures and review fee may be established to accommodate the review of plans for developments located within the town. Sec--8-3-----Exernptiens-from-chapter- -------------The-provisrens-ef-this-chap-ter;-except-these-of-Sec- tiens-8-i2-and-8-i9-shah-no t -be -cons -trued- to -app iy-te-the-feffaM- ingt 7 (1) Sueh- minor--1and-disturbing--aetivities-as -home gardens- and- individual- home--}andseaping;-re- pairs-and-maintenanee-works (2) fndividual-aervice-eenneetionar (3) 6enstruetien;- insta-1}ation;--er-maintenonee-of eleetrie-end-telephone-ati}ity-}Ines: (4) fnatal}atien;- maintenenee- or--repair-of-any nnder.greund- pub -lie- utf}ity- l -Ines; -when -such netivity- oceura- on- an- exis-ting-hard-sarfeeed read;- street- or- sidewalk;- p-rovided-sueh-lend disturbing- activity- is-conf-fined-to-the-area-ef the- road;- street- or- aidewa-lk--whieh-is-hard- surfeeed: (5) Septic- tank- lines- or- dreina-ge-fields;-un-leas included-in-an-overs}}_p}an--for--lend-disturbing activity-relating-te-eonstr-sictien-ef-the-bsii-ld- ing-to-be-served-by-the-septie-tank-system- (6) Sarfaee-or-deep-mining7 (7) Exp}oration- or- dri}ling-for- e}siding-the-we-1}-site;-roa'd-s-and-off-site-dis- posal-areas- (g) fi}ling;-p-lanting- or- harve-sting-of-agricu}tur- a};-horticsi}tura}-er-forest-crops: (9) 6enstruetion;- repair- rebut}di-ng-of-the treeks;- rights-of-way;- bri-dges;-eommunieation fact-lities- and- ether- re}ate-d-structures-and faei-lities-of-a-rat}road-cempany- 0 (10) Preparation -for- sing}e-f ami-}y-residenees-sep- arate }y-bui}t; -un less -in -eo-nltine tion -with-mu+ti- p}e-eonstructien-in-subdivision-deve+epment: (11) Bisturbed-}and- areas- for- co-mmereial-or-noneem- merciai-uses-of-ieaa-than-t-en-thousand-FiA;AAA� square -feet -in -size: (12) insta}iatien-of- fence- and- s-ign-pests-or-teie- phone- and- electric- po}ea- and--other-kinds-of pests-er-po+ea7- (13) Emergeney- work- to- proteet- +-if e; -limb -or -pro- perty- and- emergeney-repairs-;-provided-that;-if the- }and -disturbing- activity--weu}d-have-re- quired-an-approved-eresion--end-sediment-control p}an;-if- the- activity- were- -net-an-emergeney; then- the- land- area- diaturbe-d-sha-1-1-be-shaped and-stabilized-in-aecerdane-e-with-the-require- ments-of-the-superintendent--er-the-state-soil and -water -conservation -commission - Sec. 8-4. Administration of chapter 'in conjunction with subdivision and zoning ordinances. This chapter shall be administered, where appli- cable, in conjunction with the county's subdivision and zoning ordinances wherein such apply to the development and subdivision of land within the county or where such apply to development on previously subdivided land within the county. Sec. 8-5. Enforcement of chapter generally. Enforcement of this chapter shall rest with the superintendent- of- development director of development inspec- 9 Sec. 8-6. Legal action to enforce chapter. The county attorney shall, upon request of the a-up- erintendent director of development inspections, take legal action to enforce the civil provisions of this chapter. Sec. 8-7. Penalty for violation of chapter. A violation of this chapter shall be deemed a misde- meanor punishable by a. fine not exceeding one thousand ($1,000) dollars or thirty ( 30 ) days imprisonment, or by both such fine and imprisonment. The- imposition- of- each--peva+ty-aha}+-net relieve- any- person - from- his- eivi+- do-ties-and-reepenaibi}ities under- this- chapter: In addition to any criminal penalties under this section, any person who violates any provision of this chapter may be liable to the county in a civil action for damages. Without limiting the remedies which may be obtained in this sec- tion, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil oenalty not to exceed two thousand ($2,000) dollars for each violation. Sec. 8-8. Injunctive relief for violation of chapter. The superintendent director of development in- spections may apply to the circuit court of the county for injunc- tive relief to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there does not exist an adequate remedy at law. Sec. 8-9. Effect of chapter on liability and proceedings for damage. Neither the approval of an erosion and sediment con- trol plan under the provisions of this chapter, nor compliance with the conditions of such plan, shall be deemed to relieve any person from responsibility of damage to other persons or property in cases where negligence is shown, nor shall such approval im- pose any liability on the county for damage to other persons or 10 property; provided, however, that compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation, or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. Sec. 8-10. Appeals from actions or decision under chapter. Any person jointly or severally aggrieved -by any final decision of the superintendent director under this chap- ter may appeal to the circuit court of the county, by filing a petition, duly verified, setting forth that such decision is il- legal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the final decision of the a-uperinten- dent director of development inspections. Sec. 8-11. Control measures generally. (a) Practices for erosion and sediment control in the county shall meet or exceed the standard's and specifications contained in the Virginia Erosion and Sediment Control Handbook, Part III, as published and amended through March 8, 1983, in haec verba and the Code of Virginia, as amended through such date. (b) Practices for erosion and sediment control for which standards and specifications are not contained in this chap- ter may be approved by the superintendent director of develop- ment inspections, based on the merits of the practice, as pro- posed for use in individual circumstances. (c) Practices for erosion and sediment control may include: (1) Establishment of a temporary vegetative'or other protective cover on exposed earth surfaces. Such cover shall be appropriate for soil conditions, season and antici- pated duration of exposure, and may in- clude plastic, fiber mats, netting, gravel 11 (e) For permanent construction, desiltation devices or basins will not be considered as acceptable alternatives to measures for the limitation of erosion. Permanent desiltation devices or basins will be allowed only with the permission of the snperrntendent director of development inspections, in which event a proposed plan for their perpetual maintenance, with par- ticular attention to periodic removal and disposal of accumulated silt, shall be provided. 12 or crushed stone, mulch, grasses and other vegetation. If used, temporary protective cover shall be provided within thirty (30) days, or such other time as may be pre- scribed by the superintende-nt direc- tor, from completion of the soil distur- bance. (2) Temporary diversion ditches, earth berms or other similar facilities to divert run- off away from slopes or other areas stripped or limited of vegetative cover and to divert runoff to vegetated or other protective areas prior to entering adja- cent property. (3) Construction of temporary desilting basins or devices. The location of such measures shall be as indicated by the location of areas of probable erosion. Volumes of basins for silt storage shall be in propor- tion to the erodible 'area drained and to the period of expected use. (d) Periodic maintenance of control measures shall be the responsibility of the developer and additional measures shall be provided, if indicated by field conditions during con- struction. When these temporary measures have fulfilled their purpose, the area shall be modified to its intended permanent appearance. (e) For permanent construction, desiltation devices or basins will not be considered as acceptable alternatives to measures for the limitation of erosion. Permanent desiltation devices or basins will be allowed only with the permission of the snperrntendent director of development inspections, in which event a proposed plan for their perpetual maintenance, with par- ticular attention to periodic removal and disposal of accumulated silt, shall be provided. 12 (f) The superintendent director of development inspections may require additional information when cuts or fills exceed ten (10) feet in vertical height and the slopes are steeper than two (2) horizontal to one (1) vertical (2:1). Sec. 8-12. Responsibility of owner when land -disturbing activities do not require control plan. For land -disturbing activities for which a control plan is not required by this chapter, the owner of the land shall have the responsibility of seeking to achieve the objectives stated in section 8-33, using whatever measures are appropriate, as suggested in section 8-11, and shall be liable for erosion, siltation or water damages resulting directly from alteration of the terrain. Sec. 8-13. Site plan for cases of permanent construction. (a) A site plan is required for all parcels of land upon which permanent construction is to be placed. (b) A site plan shall be detailed as follows: (1) A vicinity drawing showing all data accu- rately indicating the site location and showing highways, municipalities, major streams and other identifiable landmarks. A north arrow shall be shown. (2) Bounds of the property on which the work is to be performed, with adjacent property owners indicated. (3) Location of any buildings or structures on the property where the work is to be per- formed, and the location of any building or structure on land of adjacent property owners which are within fifteen (15) feet of the property. 13 (4) Accurate contours, at a minimum of five- foot intervals, showing, the topography of the existing ground, with all established floodplains indicated. All streams, ponds, lakes and wetland areas shall be shown. The nature and extent of existing vegetation shall be shown. (5) Elevations, dimensions, location, extent and slopes of all proposed grading, shown by contours at a minimum of five-foot intervals drawn to a scale. (6) Location of all drainage devices, walls, cribbing, dams or other protective devices to be constructed in connection with or as part of the proposed work. (7) Any additional plans, drawings, or calcula- tions required by the superi-ntendent director; and it shall comply with the following requirements: (a) Details for the 'proper construction of control measures which will be constructed shall be indicated on the plans. (b) Provisions for the removal of tempo- rary control measures shall be noted on the plans. (c) Plans for the control of soil erosion and sedimentation shall adequately consider coordinating seeding and 14 mulching with construction practices and the scheduling of the various stages of construction. (d) Plans for the control of soil erosion and sedimentation shall take into consideration the condition of the land proposed for development and surrounding areas. If such land has previously been stripped and[or par- tially graded, thus creating erosion hazards, the plans shall provide as the initial step in construction such measures as will be immediately effec- tive in controlling erosion and silta- tion. (e) Account for the staging of major land - disturbing activities and include the timing and sequence of installing the conservation practices and facili- ties, including the removal and stor- age of topsoil. (8) Run-off calculations for the property in order to provide for proper storm water management. (c) For land development to which the requirements of this chapter are applicable, and which propose the clearing of trees, the removal of any vegetative land cover or the grading of earth, the plan required by this section shall be incorporated in and be a part of any subdivision or site plan for such develop- ment. ( d ) The superintendent director of development inspections shall be responsible for the review of, and making recommendations as to, site plans submitted under this section. 1 5 (e) The superintendent director of development inspections shall approve or disapprove a site plan submitted under this section within a reasonable period of time, not to exceed forty-five (45) days, consistent with the size of the pro- posed project. Sec. 8-14. Permit for land -disturbing activities generally. (a) No person shall engage in any land -disturbing activity within the county until he has acquired a land -disturb- ing permit from the superintendent director of development inspections. (b) The department- ef- developme-nt division of development and inspections will receive applications for permits under this section, coordinate their review with the d-epartment of- pub+ie- faeilities division of engineering and issue such permits. (c) A land -disturbing permit shall specify the com- pletion date for the land -disturbing activities, consistent with the date indicated on the approved plan. If such activities are not completed by the stated date, the permit 'shall expire. Exten- sions may be requested. A special permit for the removal of soil, gravel or sand for the purposes of sale or resale may be issued which does not require a completion date. For this type of permit, all other requirements of this chapter shall be com- plied with. Sec. 8-15. Prerequisites to issuance of permits for work involving land -disturbing activities --Generally. No officer, employee or agency of the county autho- rized to issue grading, land -disturbing, building or other per- mits for work involving land -disturbing activities shall issue any such permit, unless the applicant therefor submits with his application an erosion and sediment control plan approved pursu- ant to article II of this chapter, or certification of such ap- proved plan from the department- of- develop -went division of development and inspections as well as certification that such plan will be followed. 16 Sec. 8-16. Same --Bond or other security. (a) Prior to the issuance of any permit referred to in section 8-15, the department- of- develop -meet division of development and inspections shall require from the applicant a reasonable performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is accept- able to the snperinte.ndent director, to ensure that measures could be taken by the county, at the applicant's expense; should he fail, after proper notice, within the time specified to initi- ate or maintain appropriate conservation action which may be re- quired of him as a result of his land -disturbing activity. (b) Within sixty (60) days of the completion of the land -disturbing activity, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobli- gated portion thereof, shall be refunded to the applicant or ter- minated, as the case may be. (c) The requirements of this section are in addi- tion to all other provisions of law relating to the issuance of such permits and are not intended to otherwise affect the require- ments for such permits. Sec. 8-17. Inspection of land -disturbing activities. The superintendent director of development in- spections shall periodically inspect land -disturbing activities to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in con- trolling erosion and sediment resulting from the land -disturbing activity. The right of entry to conduct such inspections shall be expressly reserved in the permit issued pursuant to this chap- ter and the landowner shall notify the super-intendent direc- tor of development inspections, upon completion of the work cov- ered under the permit, that such work is ready for final inspec- tion. 17 Sec. 8-18. Failure to comply with approved plans. (a) Failure to comply with the provisions of a con- trol plan or site plan approved under this chapter, as evidenced by failure to properly construct, at the proper time, all control measures required by such plans, shall be sufficient grounds for revocation of all permits issued for the work covered by such plans. (b) Upon.failure to comply with the requirements of an approved control plan or site plan the sap-erintendent di- rector of development inspections shall give notice of such fail- ure to comply, in writing, by registered mail, addressed to the person to whom the permit for the work was issued, at his last known address, and stating that such person shall have t-en-F+G� days- within- which - to- comp+y-with- such--requirements.--Upon-the expiration-ef-the-ten-E+O�-days;-and--open-a-further-determination that-the-requirements-have-not-been--comp+ied-WithT-the-stiper4:nten- dent- sha++- give- such- person- five- k5�- -days -written-no t ice -o f -his intention- to- have- the- county- proceed- -to-have-the-necessary-work done-to-eomp+y-with-the-p+an. a reasonable time to comply with such requirements as determined by the director of development inspections. Upon the expiration of such five- -ES)-days rea- sonable time and upon a further determination that the require- ments have not been complied with, the super-intendent direc- tor of development inspections shall call in the bond, letter of credit or escrow account posted pursuant to section 8-16 and shall forthwith institute all necessary measures and procedures to ensure completion of the work. The cost to the county of such work shall constitute a lien on the land upon which such work is done and shall be recovered from the owner or other person in possession, charge or control of such property. (c) Upon receipt of a sworn complaint of substan- tial violation of this section, the director of development in- spections may, in conjunction with or subsequent to a notice to comply as specified in subsection B above, issue an order requir- ing that all or part of the land -disturbing activities permitted on the site be stopped until the specified corrective measures 18 have been taken. Where the alleged noncompliance is causine or is in imminent danger of causing harmful erosion of lands or sedi- ment deposition in waters within the waters of the Commonwealth, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection B above. Otherwise such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as notice to comply, and shall remain in effect for seven (7) days from the -date of service pending application by the director of development inspec- tions or alleged violator for appropriate relief to the circuit court of the jurisdiction where the violation was alleged to have occurred. Upon completion of the corrective action, the order shall be immediately lifted. Nothing in this section shall pre- vent the director of development inspections from taking any other action specified in section 8-7. Sec. 8-19. Elimination of existing hazardous sediment conditions. ( a ) Whenever the superintendent director of development inspections determines that any existing sediment condition has become a hazard to life or limb, endangers property or adversely affects the safety, use or stability of a public or private way or drainage channel, the owner of the property from which the sediment condition emanates, or other person or agent in control of such property, upon receipt of notice in writing from the superintendent director of development inspections, shall, within the period specified therein, abate the condition so as to eliminate the hazard and be in conformance with the re- quirements of this chapter. (b) If the person notified pursuant to subsection (a) above fails to eliminate the sediment condition within the specified time, the superintendent director shall cause the necessary work to be done to eliminate the condition. The cost to the county of such work shall constitute a lien on the land upon which such work is done and shall be recovered from the 19 owner or other person in possession, charge or control of such property. The superintendent director of development inspec- tions shall give the applicant five (5) days written notice of his intention to have the county proceed pursuant to this subsec- tion. Article II. Control Plan for Land -Disturbing Activities Sec. 8-31. Submission and approval required. No person shall engage in any land -disturbing activi- ty, until such person has submitted to the a-aperintendent director of development inspections, an erosion and sediment con- trol plan for such land -disturbing activity and until such plan has been reviewed and approved by the superin-tendent director of development inspections. Sec. 8-32. Filing fee. An applicant submitting a plan pursuant to this arti- cle shall pay a filing fee, as-required-by-b-Bard-of-anpervisers and - set- forth - by- separate- rese-latien; of 'fifty ($50) dollars plus fifty ($50) dollars for each acre or a portion thereof not to exceed one thousand ($1,000) dollars to cover the administra- tive expense of review and inspection and approval of such plan. Sec. 8-33. Contents and objectives. (a) An erosion and sediment control plan submitted under this article shall detail those methods and techniques to be utilized in the control of erosion and sediment in accordance with chapters 3 and 6 of the Virginia State Erosion and Sediment Control Handbook. (b) The objectives of an erosion and sediment con- trol plan shall be as follows: (1) To ensure that significant volumes of waterborne sediment are not deposited on property, public or private, or in public 20 waterways, natural or manmade, as a result of development. (2) To ensure that downstream storm drainage facilities are not unduly diverted or reduced in capacity by siltation or over- taxed by increased storm runoff. (3) To ensure that the capacity of any down- stream water impoundment is not reduced by siltation. (4) To ensure that permanent facilities and features of the proposed development are not harmfully affected by erosion and sedi- mentation. (5) To ensure the appropriate restriction or remedial treatment for land -disturbing activity on unstable ground. (c) The expected date of completion of the land - disturbing activities shall be indicated on the plan. Sec. 8-34. Responsibility of owner as to plan for land -disturbing activity by contractor. When land -disturbing activity will be required of a contractor performing construction work pursuant to a construc- tion contract, the preparation, submission and approval of an erosion and sediment control plan shall be the responsibility of the owner. Sec. 8-34.1. Review by superintendent of public facilities. The superintendent director of engineering shall review plans submitted under this article and make recommenda- tions relative thereto the superintendent director of develop- ment inspections. 2 1 Sec. 8-35. Approval or disapproval. (a) The superintendent director of development inspections shall act on a plan submitted under this article, within forty-five (45)days from receipt thereof, by either approv- ing the plan in writing or by disapproving the plan in writing and giving the specific reasons for the disapproval. The s-aper- intendent director of development inspections shall approve such plan, if he determines that the plan meets the conservation standards of the county control program and if the person respon- sible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this chapter. (b) When a plan submitted for approval under this article is found, upon review by the superint-endent director of development inspections, to be inadequate, the s-uperinten- dent director shall specify such modifications, terms and condi- tions as will permit approval of the plan and communicate these requirements to the applicant. (c) If no action is taken by the sn-perintendent director of development inspections within the time specified in subsection (a) of this section, the plan shall be deemed approved and the person submitting it shall be authorized to proceed with the proposed activity. Sec. 8-36. Amendment to approved plan. Any plan which has been approved under this article may be amended by the superintendent director of development inspections where: (1) Inspection has revealed the inadequacy of the plan to accomplish the erosion and sediment control objectives of the plan, and appropriate modifications to correct the deficiencies of the plan are agreed to by the sa-perinten- dent director of development inspections and 22 the person responsible for carrying out the plan; or , (2) Where the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with. the requirements of this chapter, are agreed to by the superintendent director of development inspections and the person responsi- ble for carrying out the plan. This ordinance shall be in full force and effect from and after April 26, 1989. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections John Hubbard, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Alfred C. Anderson, Treasurer Phillip Henry, Director, Engineering Clifford Craig, Dirctor, Utilities Terry Harrington, Director, Planning Paul Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY'ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 ORDINANCE 42589-8 AMENDING AND REENACTING CHAPTER 15, PARKS AND RECREATION TO PROVIDE FOR THE REGULATION OF CONDUCT IN PUBLIC PARKS WHEREAS, Virginia Code Section 15.1-271 confers on local government the authority to establish and conduct a system of public recreation and playgrounds, to acquire real property, and to equip the same for conducting such progress, and to employ a director and other assistants and employees for such system; and WHEREAS, the County of Roanoke has acquired real property and equipped such property for the purposes of conducting a system of public recreation and playgrounds and has hired a director of parks and recreation and other employees of a division of parks and recreation; and WHEREAS, the County of Roanoke wishes to establish rules of conduct for all individuals or groups using the County's parks and recreation facilities including those located on Roanoke County School Board property by the regulation of traffic and behavior and the establishment of hours of operation of such facilities to be enforced by appropriate fines and penalties. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 15, Parks and Recreation of the Code of Roanoke County be, and hereby is, amended and reenacted by the addition of the following provisions regulating conduct in public parks to read and provide as follows: Sec. 15-1. Title. This chapter shall be known and may be cited as the "Ordinance Regulating Conduct in Public Parks of Roanoke County." Sec. 15-2. Definitions. For the purpose of this chapter, the following terms'. phrases, words, and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. County is the County of Roanoke. Director means the Director of Parks and Recreation and includes any person whom the Director designates to act for the Director hereunder. Park and other areas, now or in the future operated and maintained by the County of Roanoke Department of Parks and Recreation, are defined to mean parks, public lands, playgrounds, recreation fields, museums, buildings, lakes, streams, lagoons, water areas, and submerged lands, and all public service facilities located on or in grounds, waters, buildings and structures in Roanoke County which are under the control of or assigned for upkeep, maintenance or operation by the County of Roanoke, Department of Parks and Recreation; including property of the Roanoke County School Board. Person is any person, firm, partnership, associations, corporation, company, or organization of any kind. 2 Vehicle means every device in, upon, or by�which any person or property may be transported upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power. Permit is any written license issued by or under the authority of the Director of Parks and Recreation permitting the performance of a specified act or acts. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Closed Hours means the hours from 11:00 p.m. until 6:00 a.m. the following day. Department when used hereinafter is defined as the Department of Parks and Recreation for the County of Roanoke. Sheriff's deputies means all properly -trained and deputized law enforcement officers of the Roanoke County Sheriff's Department and any law enforcement officer legally empowered to issue warrants of arrest or summons within the County of Roanoke. Park attendants means all full-time employees of the department of parks and recreation and any part-time or temporary employees of the department specifically authorized by the director to enforce the requirements of this chapter. Sec. 15-3. Division of parks and recreation established; Position of director thereof created. 3 A department of parks and recreation is hereby established and the position of director of such department is hereby created. Sec. 15-4. Conduct of county recreation programs. The department of parks and recreation shall conduct the recreation programs of the county, as directed by the board of supervisors or the county administrator. Sec. 15-5. Park property. No person in a park shall: 1. Property• A. Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplace, railings, tree guards, paving or paving material, public utilities or parts or appurtenances thereof, signs, notices or placards (whether temporary or permanent), monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. B. Restrooms and washrooms. Fail to maintain restrooms and washrooms in an neat and sanitary a condition as prior to such persons use, nor shall any person over the age of five (5) years use the restrooms and washrooms designated for the opposite sex. C. Removal of natural resources. Dig or remove any sand, soil, rock, stones, water, trees, shrubs or plants, downed timber 4 or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. D. Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character in any park except by special written permit issued hereunder. 2. Trees, shrubbery, lawns. A. Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; or dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. B. Climbing trees, etc. Climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes. 3. Wild animals, birds, etc. A. Hunting. Hunt, molest, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. B. Feeding. Give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance. 5 Sec. 15-6. Sanitation. No person in a park shall: 1. Pollution of waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, - which will or may result in the pollution or littering of said waters. 2. Rubbish and refuse matter. Bring in or shall dump, lay, cast,drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or any other trash. No such refuse or trash shall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the property receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. Sec. 15-7. Traffic. No person in a park shall: 1. Motor vehicle laws apply. Fail to comply with all applicable provisions of the State and County motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other ordinances. 2. Enforcement of traffic regulations. Fail to obey all Sheriff's deputies and park attendants who are hereby authorized 2 and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the Director. 3. Obey traffic signs. Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life and property. 4. Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles per hour, except upon such park roads as the County may designate, by posted signs, for other speed limits. 5. Operation confined to roads. Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. 6. Snowmobiles, etc. Operate in any park or recreation area snowmobiles, hovercraft, minibikes, motorcycles, go-carts, ATVs, mopeds, or any other vehicles except in areas specifically designated by the Director for such use. 7. Trucks and commercial vehicles. Shall operate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the Director. 8. Parking. 7 A. Designated areas. Park a vehicle in other than an established or designated area, and such use shall be in accordance with the instructions of any park attendant or Sheriff's deputy who may be present. B. Prohibited activities. Park a vehicle in a park for the expressed purpose of washing, repairing or maintaining the -same. C. Double parking. Double park any vehicle on any road or parkway unless directed by a park attendant or Sheriff's deputies. 9. Bicycles. A. Confined to roads. Ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy or wooded trail or any paved area reserved for pedestrian use. B. Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. Sec. 15-8. Prohibited uses of parks. No person in a park shall: 1. Distribution or display. Post, paint, affix, distribute, handout, deliver, place, cast, or leave about any bill, billboard, placard, ticket, handbill, circular, or advertisement; display any flag, banner, transparency, target, sign, placard or any other matter for advertising purposes; operate any musical instrument for advertising purposes or for the purpose of attracting attention to any exhibit, show, performance, or other 0 display unless expressly authorized through permit by the Director pursuant to Section 15-11. 2. Contributions. Solicit contributions for any purpose. 3. Bathing and swimming. A. Designated areas. Swim, bathe, wade in any waters or waterways in any park, except in such waters and in such places as are provided therefore, and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous to public health or welfare. B. Erection of tent shelter or structure. Erect or cause to be erected any tent, shelter or structure on, or in any beach, bathing or wading area in such a manner that a guy wire, rope, extension, brace or support connected or fastened from any such structure to any other such structure, stake, rock or other object is necessary, nor shall any other such structure, tent or shelter lack an unobstructed view of the interior from at least two sides. C. Certain hours. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individual area. E D. Bath houses. Dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose. 4. Boating. A. Designated areas. Bring into or operate any boat, raft, or other watercraft, whether motor powered or not, upon any waters except at places designated for boating by the Director. Such activity shall be in accordance with applicable regulations as are now or may hereinafter be adopted. B. Operation of boats. Navigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats. C. Prohibition during closing hours. Launch, dock or operated any boat of any kind on any waters during the closed hour, nor shall any person be on or remain on or in any boat during said closed hours of the park. 5. Fishing. A. Commercial fishing. Commercial fishing, buying or selling of fish caught in any park waters is forbidden. B. Designated areas. Fish in any park waters, whether by the use of hook -and -line, net trap, spear, gig, or other device, except in such waters thereof as are or may be designated by the Director for that use and under such regulations and restrictions as have been or may be prescribed by said Department. 6. Hunting and firearms. Hunt, trap or pursue wildlife at any time. Trapping may be authorized, by permit, when it is deemed by the Director that said activity is in the best interest of 10 public health, safety and/or welfare. No person shall within a park use, carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife and to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park property boundaries is forbidden. 7. Picnic areas and use. A. Regulated. Picnic in a place other than those designated for that purpose. Park attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given by park attendants to achieve this end. B. Availability. Fail to observe the policy that use of the individual fireplaces together with tables and benches shall follow the rule of "first come, first served." C. Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. D. Non-exclusive. Use any portion of the park areas or of any of the buildings or structures therein without a permit issued by the Director, for the purpose of holding activities to 11 the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. E. Reservations. Reservations for shelters only may be obtained by paying a fee, as determined by the Department of Parks and Recreation for exclusive use during said time period. Permits will be issued upon payment of fee and must be in the possession of users to be valid. 8. Camping. Set up tents, shacks, or any other temporary shelter for the purpose of camping without a permit from the Director, nor shall any person leave during closed hours any equipment, structure or vehicle to be used or that could be used for such purposes, such as house trailer, camp trailer, camp wagon or the like. 9. Games. Take part in or organize any recreational activity or the playing of any games except in areas set apart therefor. 10. Horseback riding. Ride, drive, or lead a horse except on park drives or trails, as designated by the Director. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree and shrub. No hoofed animals will be allowed on turf areas. 11. Missiles and fireworks. Carry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the Director. 12. Photography. Without prior written authorization by the Director, make still or moving pictures that involve the use of 12 special settings, structures, lighting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posting of professional models; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the use of cameras -by amateur photographers. Sec. 15-9. Meetings and concessions. No person shall: 1. Hold or take part in any public meeting or event, religious, political, charitable or otherwise, including picnic parties and entertainment for charitable or religious purposes, in any public park without first obtaining permission from the Director. Such assemblages shall be conducted in a lawful and orderly manner; and shall occupy such grounds and facilities as may be assigned to or reserved for them. 2. Sell or offer for sale any food, beverage, refreshment or any article or service whatsoever in any park or recreation facility except by concessionaires under contract with the County or by non-profit, charitable or religious groups, authorized by permit from the Director. Sec. 15-10. Behavior. No person in any park shall: 1. Intoxication. Enter upon or be in or remain in a park or recreation facility while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia. 13 2. Taking a drink or tendering same. Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Section 4-78C. of the 1950 Code of Virginia, as amended. 3. Domestic animals. Be responsible for the entry of a dog or other domestic animal into a park or recreation area unless carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle by chain, rope, or strap. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, stream or food and beverage concession area within any park or recreation area. Seeing -eye dogs shall be excluded from the provisions of this regulation. 4. Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop or throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto. 5. Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing," nor shall any person use or abet the use of any area in violation of posted notices. 6. Going onto ice. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. 7. Disorderly conduct and disturbing the peace. Recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following: 14 A. Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; B. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; C. Insulting, taunting, or challenging another under. circumstances in which such conduct is likely to provoke a violent response; D. Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender. E. Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. 8. Exhibit permits. Fail to produce and exhibit any permits from the Director upon request of any Sheriff's deputy or park attendant who shall request to inspect the same. 9. Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. Sec. 15-11. irk Operating Policy. 1. Hours. Parks shall be open to the public every day of the year from 6:00 a.m, to 11:00 p.m., except park facilities with 15 special hours of operation which shall be posted thereon. Special permission from the Director is required for any persons to remain in any park area outside regular open hours. 2. Closed areas. Any section of any part of any park may be declared closed to the public by the Director at any time or for any interval of time, either temporarily or at regular and - started intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary. 3. Permit. A permit shall be obtained from the Director before participating in a park activity prohibited by these rules: A. Application. A person seeking issuance of a permit hereunder shall file an application with the Director. The application shall state: the name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. B. Standards of Issuance. The Director may issue a permit hereunder when he finds: that the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed Eu activity will not entail unusual, extra -ordinary or burdensome expense or allocation of manpower resources by the Sheriff's Department or other operation by the County; that the facilities desired have not been reserved for other use at the day and hour required in the application. C. Appeal. Within seven (7) days after receipt of an application, the Director shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five (5) days to the Assistant County Administrator for Human Services, which shall consider the application under the standards set forth in sub -section (B) hereof and sustain or overrule the Director's decision within 15 days. The decision of the Assistant County Administrator shall be final. D. Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. E. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issued. F. Revocation. The Director shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, or upon good cause shown. Sec. 15-12. Fines and penalties. 17 Unless a more severe punishment is specifically provided for under State law which shall then be applicable to a violation of this article, a violation of any provision of this article shall constitute a Class 4 misdemeanor; provided that nothing herein contained shall limit the authority of the court to order restitution for the benefit of the county as a result of any damage or abuse to property subject to this article. 2. That this ordinance shall be in full force and effect from and after April 26, 1989. On motion of Supervisor Johnson, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TEST: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/27/89 CC: File Paul M. Mahoney, County Attorney John Chambliss, Assistant County Attorney Stephen Carpenter, Director of Parks and Recreation Jim Jones, Director of Parks Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue S. W., Roanoke 24016 Main Library Roanoke County J&D Court, Intake Counselor Va. Department of Transportation Roanoke County Code Book 18 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION NO. 42589-9 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 that certain section of the agenda of the Board of Supervisors for April 25, 1989, 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 a 4, inclusive, as follows: 1. Acceptance of water and sewer facilities serving The Village, Phase I. 2. Appropriation of funds for County Administrator's vehicle. 3. Approval of Raffle Permit - North Cross School. 4. Approval of appropriation of $20,000 to fund All American City trip and expenses. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson with Item 4 added, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/27/89 CC: File John Hubbard, Assistant County Attorney Phillip Henry, Director of Engineering Clifford Craig, Utility Director Reta Busher, Director of Budget and Management Diane Hyatt, Director of Finance Brian Duncan, Economic Development Specialist 2 ACTION NO. A -42589-9.a ITEM NUMBER R ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 SUBJECT: Acceptance of water and sewer facilities serving - The Village Phase I COUNTY ADMINISTRATOR'S COMMENTS: C ,cu SUMMARY OF INFORMATION: The Developers of The Village Phase I, Village Associates Ltd., have requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on plans prepared by Balzer & Associates entitled The Village Phase I, dated February 10, 1987, which are on file in the Engineering Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $8,530 and $7,750 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Phillip T. Henry, P.V. Director of Engineering APPROVED: 4 /� I(r Elmer C. Hodge County Administrator K- I ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Harry No Yes Abs Denied ( ) C. Nickens Garrett x Received ( > Johnson x Referred McGraw x To Nickens x Robers x cc: File Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Paul Mahoney, County Attorney 2 226 0&4.w TArc v 50 7 � 1 W 6 16 . w3 Sf O ;h 4 4 J 15 14 �, - (p�` P 9 9' 17 14 a �s� 00 � 8oEXIST. ftft. 1 ACCEPTANCE OF WATER AND SEWER FACILITIES COMMUNITY SERVICES SERVING THE VILLAGE PHASE I AND DEVELOPMENT ACTION # A -42589-9.b ITEM NUMBER IC U - a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: Appropriation of funds for County Administrator's Vehicle COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board may recall that on April 9, 1989, the 1982 Oldsmobile assigned to the County Administrator broke down. Attached is a copy of the County Garage's Evaluation Report indicating there was serious engine damage. I spoke with the board members at the April 11th Board Meeting and asked for permission to purchase a new vehicle. All members agreed and bids were taken. The lowest bid on a comparable Delta 88 was $14,684.19 and the car has been obtained. STAFF RECOMMENDATION: To complete the transaction, the Board Members need to authorize the transfer of this amount from the Unappropriated Fund Balance to the County Administrator's Budget for payment. I sincerely appreciate the Board's permission to purchase this car. SUBMITTED BY: Elmer C. odg County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Harry No Yes Abs Denied ( ) C. Nickens Garrett x Received ( ) Referred To cc: File Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Johnson x McGraw x Nickens x Robers , x REPORT I I I ILA11 - I YEAR MAKE MODEL VEHICLE NUMBER: D - , DESCRIPTION: !;J-1 01A.% Dcl+ft IT (DEPARTMENT: _ Cpv„�}� Ii�,�1��n�►{.or DIVISION: SERIAL NUMBBRS 1G �Y1�Vcilcm -ISS11 MILEAGE:_ 3aSh INDICATE AMOUNT OF DAMAGE FOR EACH ITEM CIRCLE TIRE CONDITION TITLE NUMBER: EXTERIOR INTERIOR ROOF COLOR: = p n/ '::n e/ =h w1 U Good uw SPARE= Good "r' Good Foir Fair Fpir SoldBald Bold SACK Mining Good Fair Said Front Carpet_ Dash G. Engine Exhaust G Rear Carpet__ Head Liner_ Transmission Q_ Suspension Cs Front Seat__ Trunk Qr Rear Axle G Brakes G Rear Seat G Cargo Area-+ Drive Shaft G Cooling Door Uphol. Air Cond.- G: Goy a, F- FA M A a *Pe,c%w / GENERAL APPEARANCE: [lean ❑Average []Fair []Rough rod FRONT Fair Bold Ext . Body Interior G& Bumpers C Glass Gr Tires gft Mechanical Other TOTALSqj*L bXSURPLUS (SALE) NAME ► vw W ! []TRANSFER TO ANOTHER DEPT TITLE ❑ KEEP IN USE DATE_ ij. 1p , 9 REMAR 1%o FORM ""111111 -of ACTION NO. A -42589-9.c ITEM NUMBE - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: Request for a Raffle Permit from North Cross School. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: North Cross School has requested a permit for a raffle to be held on May 13, 1989. STAFF RECOMMENDATION The application has been reviewed by Commissioner of the Revenue R. Wayne Compton, and he recommends approval. SUBMITTED BY: —Max, H. =444= Mary 6. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Roh T._ Johnson/Harry Yes No Abs Denied ( ) C_ NirkPns Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Bingo/Raffle File ME 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. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. 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 Name of Organization BINGO GAMES r Street Address Ale- Mailing Address �Gl e City, State, Zip Code �Da Yt o /C to , //Q 5 41 Purpose and Type of Organization 1/21 da/e When was the organization founded? /�z 1 Im K-3 Roanoke County meeting place? Has organization been i existence in Roanoke County for two con- tinuous years? YES_ NO Is the organization non-profit? YES /­*�' NO Indicate Federal Identification Number # ,551-D699.5'?. Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: T'%�Ouaa Iq yylei Vice -President %&. Pob ei) T"is� �u�Ic yj Address: ,Sox 7,R O Address: ✓qS 4,� Pe4,(1cdoo!g Pt2- og -no eZe , da. a foo oo n o1CY �a. �4�U� Secretary: Al", /.keU �. �� Treasurer: (? Ajn" Address: 75� u)2 Address: $6x P6 0 -)10re l/ a 0 R04 -nog 't ,'a Member authorized to be responsible for Raffle or Bingo opera- tions: Name DQ -n pi K ­Heme Address �OAn !4 / Zile . Phone Bus. Phone 9,F9- 6 L."4/ 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. (?Oh I /4 / Azle -/ x'04 Yt OA f , l/4 . RAFFLES: Date of Drawing 3 Time of Drawing 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 K-3 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the use of the planned or intended use of the proceeds. Use estimated amounts if necessary. 3 K-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 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 4th Quarter Total 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 o,S organizing, managing, or con- ducting Bingo Games or Raffles? eS 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? c s 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? 4 l<-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? eS 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? s 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 unti such report is properly filed and a new permit is obtained? 8. 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?'� 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 theann al financial report due on or before the first of November? 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? 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? 12. Has your organization attached a check for the annual permit fee in the amou t of $25.00 payable to the County of Roanoke, Virginia?If 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 whQ violates the above referenced Codes may be guilty of a felony? ki K-3 14. Has your organization attached a complete list of its member- ship to this application form? NO 15. Has your organization attached a copy of its bylaws to this application form? rs 16. Has the organization been declared exempt from roperty taxa- tion under the Virginia Constitution or statutes? If yes, state whether exemption is for real, per -Yo -nal property, or both nd dentify exempt qroperty. �R02%, p� u.� ld� i✓ a � � �c.� .�a�-�' 17. State tlj�e specific type and purpose of the organization. 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 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 t e Virginia Department of Agriculture and Consumer Affairs? (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 �rL Ts J4 -4d Pe -,5,0 ,gA Ts4 I��y;•r -s % A Zono% -- Zo N'I�Ts 7,0nr T' 2 Fair Market Value 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 .518.2- 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 is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) 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 K-3 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? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? 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: 1 � i I � f l� 11-30 l 'Aw , aak Au, -,4 Name Title Home Addre s Subscribed and sworn before me, this day of 19 My commission expires: r a 7 19 tarry ublic RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P. 0. Box 20409 Roanoke, VA 24018-0513 K03 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. 4 -12 - at ommissi n& of h venue The above application is not approved. 7.1 Date Commissioner of the Revenue D ACTION # A -42589-9.d ITEM NUMBER J'-� - 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 1989 AGENDA ITEM: All-American Delegation funding request COUNTY ADMINISTRATOR'S COMMENTS: /j XCKGROUND Roanoke County has been selected as an All-American finalist by the National Civic League. A delegation of citizens and staff have been invited to Chicago from May 11 through May 13 for the final round of competition. As one of only two counties in a field of 30 jurisdictions, Roanoke County has an excellent chance of being awarded one of the ten available All-American Awards. To participate in the competition, it is necessary to operate a booth on May 12. The booth should represent Roanoke County and its people. It has been suggested that we have a display that depicts our projects, recent awards, and employers. Additionally, several give away items have been suggested. The final segment of the competition is a ten minute presentation with accompanying video material. The presentation will explain the three projects (Hollins, Explore and the Blue Ridge Library) outlined in our application and how citizen participation has played a major role in each of these projects. SUMMARY OF INFORMATION Roanoke County has been selected as an All-American finalist. To compete in the final round of competition, it will be necessary for a delegation of citizens and staff to attend the National Civic League convention in Chicago from May 11 through May 13. The convention will afford Roanoke County an opportunity to promote its citizens, employers, and quality of life to a national audience. ALTERNATIVES AND IMPACTS The cost of the trip to Chicago, the booth display, the video and give away items is estimated to be $20,000. K -y STAFF RECOMMENDATION Staff recommends an appropriation of $20,000 from unappropriated fund balance to cover the cost of preparing for the competition and trip to Chicago for the All-American City Award. SUBMITTED BY: A /0-r/0 - Elmer C. Hodge, Jr. County Administrator ACTION VOTE Approved (x) Notion by: Bob L. Johnson/ No Yes Abs Denied ( ) Harry C. Nickens Garrett x _ Received ( ) Referred To Johnson x McGraw x Nickens x Robers x cc: File Brian Duncan, Economic Development Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION 42589-10 CONGRATULATING THE GLENVAR ROCRETTES STATE CHAMPIONSHIP BASKETBALL TEAM 12 & UNDER DIVISION WHEREAS, the Glenvar Rockettes, a girls' Pony Tail recreation league team, won the State Basketball Championship, 12 and under Division, on April 8, 1989, in Hampton, Virginia; and WHEREAS, the Glenvar Rockettes, a group of nine talented players, had the distinction of having one of those players named Most Valuable Player in the State Tournament; and WHEREAS, the Glenvar Rockettes concluded a very successful Season by winning the Roanoke County Regular Season Championship, and also the Southwest District Championship; and WHEREAS, the Glenvar Rockettes, coached by David Simmons and Larry Wood, finished the season with a record of 18 wins and 0 losses; and for the past two years, their record has been 35 wins and 1 loss. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, congratulates and commends the members of the Glenvar Rockettes for their outstanding athletic achievements: Bobbi Jo Wright Kim Wood Heather Pille Michele Kaulback Christi Barci Nicole Stone Jennifer Simmons Kristy Robinson Jenny Spencer On motion of Supervisor McGraw, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 1989 RESOLUTION 42589-11 CONGRATULATING THE GLENVAR LADY BLUES STATE CHAMPIONSHIP BASKETBALL TEAM 14 & UNDER DIVISION WHEREAS, the Glenvar Lady Blues, a girls' Shag recreation league team, won the State Basketball Championship, 14 and under Division, on April 8, 1989, in Newport News, Virginia; and WHEREAS, the Glenvar Lady Blues, for the past five consecutive years, have been State Champions; and WHEREAS, the Glenvar Lady Blues concluded a very successful Season by winning the Roanoke County Regular Season Championship, and also the Southwest District Championship; and WHEREAS, the Glenvar Lady Blues, coached by Wayne Oyler, and Pete Peterson, finished the season with a record of 14 wins and 0 losses. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, congratulates and commends the members of the Glenvar Lady Blues for their outstanding athletic achievements: Amy Moses Paula Kennedy Emily Ferguson Erica Winstead Amy Peterson Krista Oyler Nikki Hall Kristy Phlegar On motion of Supervisor McGraw seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolutions of Congratulations SUBSIDY FORMULA . $ SUBSIDY 1/2 ($ COST - $ REVENUE) $ COST # MILES X VARIABLE COST/MILE $ REVENUE = AVERAGE FARE x (NUMBER OF FARE BOARDINGS WITHIN ROANOKE COUNTY + NUMBER OF FARE DEBOARDINGS WITHIN ROANOKE COUNTY BY THOSE WHO BOARDED OUTSIDE ROANOKE COUNTY)