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HomeMy WebLinkAbout9/26/1989 - Adopted Board RecordsACTION NO. A-92689-2 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1989 AGENDA ITEM: Request for support for the United Way Campaign COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The United Way campaign for the Roanoke Valley is getting under way for 1989-90 with a goal of $4,354,932, which is an increase of 8.9% over last year. Thirty-six health and human service agencies throughout the Roanoke Valley will be supported by these contributions. Roanoke County is ready to begin its campaign and our goal is $17,777, an increase of 12%. Carolyn Wagner has agreed to serve as Campaign Coordinator and she will be working with a committee of employees and the Loaned Executive, Sylvia Wallace to reach the goal established for the County. RECOMMENDATION: The Board of Supervisors is asked to support the United Way of Roanoke Valley by authorizing the County's participation in the campaign and by encouraging the County employees to be generous with their pledges. Respectfully submitted, Approved by, ��..�- _ � John M. ChambY ss, Jr. Elmer C. Hod Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harr . Ni c-kens/ No Yes Abs Denied ( ) Steven A- McGraw Garrett _x Received ( ) Referred ( ) To ( ) cc: John Chambliss, Assistant County Administrator Carolyn Wagner, Campaign Coordinator File Johnson McGraw 4— Nickens Robers x Ahhsent ACTION # A-92689-3 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1989 AGENDA ITEM: Additional Funding for the Old Hollins Road Water Improvement Project COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Old Hollins Road Water Improvement Project is the first Public Works Project approved under the petition for public works improvement process. This project will provide water service to the Shadwell Road - Belleview Gardens Area as shown on the attached map. The project design is complete and the bids for the water storage reservoir and water line construction have been received. The initial funding for this project was approved at $400,000. SUMMARY OF INFORMATION: During the design and bidding process, staff included provisions to increase the storage reservoir from 250,000 gallon to 500,000 gallon. Additionally, the water lines to expand this project to interconnect the North Ardmore area at Garman Road was also included. Provisions were included to increase the size of the water pump station and pressure reducing station that can supply the Industrial/Commercial areas along Old Hollins Road. The additional costs associated with the above items are as follows: �3 1. Increase to 500,000 gallon storage reservoir - $50,000 2. Install water line to Garman Road - $42,000 3. Provide facilities for future expansion to Industrial and commercial areas on Old Hollins Road - $20,000 Total for additional facilities - $112,000 During the design stage it was noted that there would be much more rock excavation than originally anticipated. An amount of $20,000 for rock excavation should be included in the project. Total additional cost of project - $132,000 Funds are available in the Utility Enterprise Fund for this project. ALTERNATIVES AND IMPACTS: 1. Approve the additional funding in an amount of $132,000 in order to save an estimated $250,000 in future costs to provide the same facilities. This alternative will also provide adequate water supply to the adjoining areas. The cost to build a second 250,000 gallon reservoir at a future time will, in itself, greatly exceed the $132,000. 2. Not approve expansion to the project. This alternative would delay the upgrade of the North Ardmore supply at Garman Road as well as the availability of adequate Industrial/Commercial water facilities along Old Hollins Road. The North Ardmore/Garman Road existing water supply is one of the lowest quality water supplies in the County and Commercial/ Industrial users along Old Hollins Road are required to build their own storage and pumping facilities for fire protection. STAFF RECOMMENDATION: The Board of Supervisors approve additional funding in the amount of $132,000 to expand the storage, pumping facilities, and to include the Garman Road interconnection as part of the Old Hollins Road Water Improvement project. SUBMITTED BY: Cliffo aig, P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator -1)-3 File cc: Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance John Hubbard, Assistant County Administrator ACTION VOTE Approved ( Motion by: Harry -C. Nickens/ No Yes Abs Denied ( ) Steven A. McGraw to approve Garrett Received ( ) funding. Alt #1 Johnson -Absent Referred McGraw x to Nickens x Robers x File cc: Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance John Hubbard, Assistant County Administrator ACTION # A-92689-4 ITEM NUMBER �L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1989 AGENDA ITEM: Funding for Utility Construction at Economic Development sites COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The construction of the water and sewer facilities required for the initial development of the Southwest Industrial Park and the Tweeds site was funded as part of the site development process. In order to provide adequate utility service to the remaining portions of the development, additional water and sewer lines are required. SUMMARY OF INFORMATION: 1) The remaining lots in the Southwest Industrial Park have been subdivided and sold as individual parcels. In order to provide water and sanitary sewer service to these parcels, the water and sanitary sewer lines will be extended 350 feet along the extended portion of Commonwealth Drive. The cost to extend the water line is estimated at $11,000 and cost to extend the sanitary sewer lines is estimated at $12,000. 2) The on-site water extension to provide water service to the Tweeds development was funded by the CDBG site development Grant. During the Tweeds building design process, the owners determined they would need 2700 gallon per minute fire flow for their sprinkler system. In order to provide this fire flow, a loop water line is required. A part of the loop water line may be funded with remaining CDBG funds. The balance of the cost would be paid for by Roanoke County as an off-site facility. The estimated total cost of the water line loop is $115,000. The actual cost to Roanoke County, will reduce by an amount between zero and $75,000 depending on CDBG participation. 1) Approve the funding of the Southwest Industrial Park water line construction in the amount of $11,000 and the sewer line construction in the amount of $12,000. Approve the funding of the Tweeds development water line loop in the amount of $115,000. The connection fees within the Southwest Industrial Park and adjacent property will exceed the cost of the water and sewer construction. The Tweeds fire service fee will be $65,543 and their domestic connection fee will be $10,609. Connection fees from development on the remaining property will generate adequate funds to cover the cost of the off-site water facilities. Funds are available in the respective utility enterprise funds for these projects. STAFF RECOMMENDATION: Staff recommends the Board approve funding of these proper- ties. SUBMITTED BY: APPROVED: 5 Cliffo C ig, P. . Elmer C. Hodge Utility Director County Administrator Approved (x) Denied ( ) Received ( ) Referred to ACTION VOTE Motion by: Harry C. Nickens/ No Steven A. McGraw to approve Garrett _ fdnding Johnson McGraw _ Nickens _ Robers cc: File Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering John Hubbard, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Y Xs Abs Absent X X X AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1989 RESOLUTION NO. 92589-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That certain section of the agenda of the Board of Supervisors for September 26, 1989, designated as Item I - consent Agenda, be, and hereby is, approved and concurred in as to each item separately set forth in said section designated as Item 1 - 3, inclusive, as follows: 1. Approval of Raffle Permit - Roanoke County Parks and Recreation - Therapeutic Section. 2. Approval of Raffle Permit and Bingo Game - Cave Spring Elementary PTA. 3. Resolution requesting the Virginia Department of Transportation to name new bridge in Wabun Community. 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 Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. Holt n, Deputy Clerk cc: File Roanoke County Board of Supervisors Bingo/Raffle Permit File ACTION NO. A -92689-$.a ITEM NUMBER-:Z- AT UMBER1_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1989 AGENDA ITEM: Request for approval of a Raffle Permit from the Roanoke County Department of Parks and Recreation Therapeutic Section COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Department of Parks and Recreation Therapeutic Section has requested a Raffle Permit to hold a raffle on October 23, 1989. This application has been reviewed by the Commissioner of Revenue and he recommends that it be approved. Since this is a Roanoke County department, they are requesting a waiver of the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: `i4r /t92 Elmer C. Hodg County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved ()j Motion by: Harry C. Nickens/ Yes No Abs Denied ( ) Steven A. McGraw Garrett x Received ( ) Johnson Absent Referred McGraw x To: Nickens x Robers x cc: File Bingo/Raffle File ta ACTION NO. A -92689-5.b ITEM NUMBER_ `o - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 26, 1989 AGENDA ITEM: Request for approval of a Raffle Permit and a Bingo game from the Cave Spring Elementary School PTA COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Cave Spring Elementary School PTA has requested a Raffle Permit and a one -day Bingo Permit on October 21, 1989.• This application has been reviewed by the Commissioner of Revenue and he recommends that it be approved. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: Mary H. Allen r -- Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ------------------------------------------------------------------------- ACTION VOT$ - Approved (x) Motion by: Harry C_ NirkenG/S+aven Yes No Abs Denied ( ) A. McGraw Garrett Received ( ) Johnson Absent Referred McGraw x To: Nickens x Robers x cc: File Bingo/Raffle File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-6 TO CHANGE THE ZONING CLAS- SIFICATION OF A .493 ACRE TRACT OF REAL ESTATE LOCATED NORTHWEST OF THE INTERSECTION OF PETERS CREEK ROAD AND VALLEYPOINTE PARKWAY IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF Al TO THE ZONING CLASSIFICATION OF M1 WITH CONDITIONS AND A SPECIAL EXCEPTION UPON THE APPLICATION OF LINGERFELT DEVELOPMENT CORPORATION WHEREAS, the first reading of this ordinance was held on September 12, 1989, and the second reading and public hearing was held on September 26, 1989; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 1989; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .493 acre, as described herein, and located northwest of the intersection of Peters Creek Road and Valleypointe Parkway in the Hollins Magisterial District, is hereby changed from the zoning classification of Al, Agricultural District, to the zoning classification of M1, Light Industrial District. 2. That this action is taken upon the application of Linger - felt Development Corporation. 3. That the applicant has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The property will not include permitted uses for: (a) Automobile painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, unless incidental to the user's principal business. (b) Manufacture of pottery and figurines or other similar ceramic products. (c) Veterinary hospital and commercial kennels with exterior runs and yards. (d) Outside flea markets, unless a special excep- tion has been granted by the Board of Super- visors. (2) That the property will be developed so as to utilize landscaping and preserve existing vegetation where possible. No more than seventy-five (75%) percent of each building site will be developed for building and parking uses. (3) Outdoor advertising signs (billboards) will be prohibited. (4) That there will be no outdoor storage except under the following conditions: (a) That it not be higher than the elevation of the building. (b) That it not comprise an area greater than fifty (50%) percent of the floor area of the build- ing. (c) That it be screened from view with landscaping and/or other approved screening materials in accordance with the provisions of the Roanoke County Ordinance. (5) That all utilities will be underground. (6) That there will be no on -street parking. (7) That the petitioner will review the drainage situation for Valleypointe and implement a design for drainage facilities to either retain or detain the two (2) year storm (as has been required by Roanoke County) and to consider retention or r� detention for a ten (10) year storm. 4. That said real estate is more fully described as follows: BEGINNING at a point of intersection with Valleypointe Parkway; thence N.510 43' 02" W. 569.20 feet; thence S. 600 13' 15" E. 404.79 feet; thence S. 540 30' 37" E. 100.50 feet; thence S. 250 40' 22" E. 71.14 feet; thence to the point of beginning S. 300 31' 47" W. 33.83 feet; said parcel totaling 0.493 acres and being further described as "Area 2" on a plat entitled "Valleypointe Exhibit," prepared by Buford T. Lumsden and Assoc., dated January 16, 1989. 5. That a special exception for this use is hereby granted subject to the conditions set forth herein. 6. That the effective date of this ordinance shall be Septem- ber 27, 1989. On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson ABSTAIN: Supervisor McGraw A COPY TESTE: . &4164& Q. #"-Ak. Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-7 TO CHANGE THE ZONING CLASSIFICATION OF A .409 ACRE TRACT OF REAL ESTATE LOCATED AT 5449 FRANKLIN ROAD (TAX MAP NO. 98.02-2-9) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B2 TO THE ZONING CLASSIFICATION OF B3 WITH CONDITIONS AND SPECIAL EXCEPTION UPON THE APPLICATION OF EAGLE EQUIPMENT COMPANY WHEREAS, the first reading of this ordinance was held on September 12, 1989, and the second reading and public hearing was held on September 26, 1989; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 1989; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .409 acre, as described herein, and located at 5449 Franklin Road, Roanoke, Virginia, (Tax Map Number 98.02-2-9) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, to the zoning classification of B-3, Special Commercial District. 2. That this action is taken upon the application of Eagle Equipment Company. 3. That the applicant has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) The existing vegetation will be retained. (2) Petitionet will abide by the County screening and buffering regulations, Section 21-92.D.C.7 and 21-92.D.b.3. However, petitioner requests that the requirement that one small evergreen shrub be planted each five (5) feet and one evergreen tree be planted each thirty (30) feet be waived since the existing site in front of the building is paved and has a concrete slab. sign. (3) Petitioner will limit signage to one freestanding (4) Petitioner will limit the use of the premises to the sale, rental, servicing of construction equipment. The gross weight of said equipment shall not exceed 4,800 pounds. (5) All equipment used on the premises will be loaded and unloaded behind the front line of the main building. (6) All equipment will be kept inside or stored in the fenced area behind the building. (7) All service and repairs to equipment will be done inside an enclosed building. No body work will be done in site. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin in the west line of Route 220 at the northeast corner of the property of John M. Davis; thence with the west line of Route 220 and a curve to the left whose arc distance is 88.01 feet and radius is 1,352.39 feet and chord bearing is N. 410 20' 41" W. 87.99 feet to an iron pin, the true point of beginning; thence leaving Route 220 and with the division line between Tracts "A" and "B" S. 440 16' 49" W. 161.89 feet crossing a branch to a point in the east line of the property of Inez Simmons; thence with the said line N. 250 23' W. 136.27 feet to a point at the division line between Tracts "B" and "C"; thence with said line N. 440 16' 49" E. 115.83 feet to an iron pin in the west line of Route 220; thence with said line S. 450 43' 11" E. 68.53 feet to a point of a curve to the right whose arc distance is 59.26 feet and radius is 1,352.39 feet and chord bearing is S. 440 27' 52" E. 59.25 feet to the true point of beginning, and containing 0.409 acre and known as Tract "B" as shown on a survey of the division of property of Donald F. Taylor, by Jack G. Bess, C.L.S. dated June 21, 1985, a copy of which is attached. 5. That a special exception for this use is hereby granted subject to the conditions set forth herein. 6. That the effective date of this ordinance shall be September 27, 1989. On motion of Supervisor Robers, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: &4tA Q AtA. Brenda J. Hofton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-8 VACATING A STORMWATER MANAGEMENT EASEMENT AND ACCESS EASEMENT IN SECTION 8 OF THE MONTCLAIR ESTATES SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Merrill Construction Company has requested the Board of Supervisors of Roanoke County, Virginia to vacate stormwater management easement and access easement in section 8 of the Montclair Estates Subdivision in the Catawba Magisterial District; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 12, 1989; and the second reading of this ordinance was held on September 26, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a stormwater management easement and access easement of record in Plat Book 10 at page 17 in the Clerk's Office of the Circuit of Roanoke County, Virginia, in Section 8, Montclair Estates Subdivision in the Catawba Magisterial District, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as conditions to the adoption of this ordinance (a) a fifteen (15) foot drainage easement through Parcel A as shown on Section 8, Montclair Estates, be retained; and (b)in order to eliminate any nonconforming parcel, the remaining property of Parcel A be added and combined with the adjacent lots of Section 8, Montclair Estates. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Merrill Construction Company shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor McGraw, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: . &4,L&(Q AtAo- - Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-9 VACATE A PORTION OF A SLOPE EASEMENT VARYING IN WIDTH FROM THIRTY (30) TO FIFTY (50) FEET AS SHOWN ON LOT 9, BLOCK 2, SECTION 2, FAIRWAY FOREST ESTATES WHEREAS, F.F.E. Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate a slope easement varying in width from thirty (30) to fifty (50) feet as shown on Lot 9, Block 2, Section 2, Fairway Forest Estates in the Windsor Hills Magisterial District of record in Plat Book 10, page 122 in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 12, 1989; and the second reading of this ordinance was held on September 26, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a slope easement varying in width from thirty (30) to fifty (50) feet as shown on Lot 9, Block 2, Section 2, Fairway Forest Estates in the Windsor Hills Magisterial District of record in Plat Book 10, page 122 in the Clerk's Office of the Roanoke County Circuit Court be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts J of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That F.F.E. Development Corporation shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transac- tion. On motion of Supervisor Garrett, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: - &O'k Q /Q4j� Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-10 VACATING A 10 -FOOT WATERLINE EASEMENT LOCATED ON REAL ESTATE IDENTIFIED AS TAX MAP NO. 77.11- 01-58 AND LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Ogden Professional Park, a general partnership, has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10 -foot waterline easement located on real estate iden- tified as Tax Map No. 77.11-01-58 and located in the Cave Spring Magisterial District and recorded in Deed Book 890, page 80 in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 12, 1989; and the second reading of this ordinance was held on September 26, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 10 -foot waterline easement located on real estate identified as Tax Map No. 77.11-01-58 and located in the Cave Spring Magisterial District and recorded in Deed Book 890, page 80 in the Clerk's Office of the Roanoke County Circuit Court, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts K of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Ogden Professional Park shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Robers, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisor Robers, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson ABSTAIN: Supervisor McGraw A COPY TESTE: Q. Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-11 VACATING A 12 -FOOT PUBLIC UTILITY EASEMENT LOCATED ON IAT 1, BLOCK 2, SECTION 1, CASTLE ROCK WEST SUBDIVISION WHEREAS, Carole P. Smith has requested the Board of Superv- isors of Roanoke County, Virginia to vacate a 12 -foot public utility easement located on Lot 1, Block 21 Section 1, Castle Rock West Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 8, at page 63 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 12, 1989; and the second reading of this ordinance was held on September 26, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 12 -foot public utility easement located on Lot 1, Block 2, Section 1, Castle Rock West Subdivision in the Windsor Hills Magisterial District of record in Plat Book 8, at page 63, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1- 482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That Carole P. Smith shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-12 AMENDING SECTION 12-34 OF THE ROANOKE COUNTY CODE TO PREVENT PAYMENT OF FINES ASSESSED UNDER THIS SECTION WITHOUT PROOF OF PURCHASE OF A COUNTY LICENSE DECAL BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That. Section 12-34 of the Roanoke County Code entitled "Display of decal generally" be amended and reenacted to read and provide as follows: Sec. 12-34. Display of decal generally. a) A license decal issued under this article shall be attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. b) It shall be unlawful for any person to operate a motor vehicle, trailer, or semi -trailer required to be licensed under this article on any street, highway, road, or other traveled way in the County, unless a current license decal is displayed thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not exceeding twenty dollars ($20). Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. 1989. 2. The effective date of this ordinance shall be October 1, On motion of Supervisor Nickens, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: g, h"irs,, Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, Treasurer Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 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, SEPTEMBER 26, 1989 ORDINANCE 92689-13 AMENDING ORDINANCE 62789-5 SECTION 12- 8 OF ARTICLE I OF CHAPTER 12 OF THE ROANOKE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 12-8, Adoption of state law, Article I, In General, of Chapter 12, Motor Vehicles and Traffic, be amended and readopted to read and provide as follows: Sec. 12-8. Adoption of state law. Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 and in Article 2 (Section 18.2-226 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except those provisions and requirements which, by their very nature, can have no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the County. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways, and other public ways within the County. Such provision and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the County to violate or fail, neglect or refuse to comply with any such provision or requirement; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the state law hereby adopted. The phrase "all of the provisions and requirements of the laws of the state" as used hereby shall be construed to include all amendments to said laws made effective as of the date that this ordinance is itself effective. 1989. 2. The effective date of this ordinance shall be October 1, On motion of Supervisor McGraw, seconded by Supervisor Robers, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: .A40� Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 26, 1989 ORDINANCE 92689-14 AMENDING SECTIONS 4-90, 4- 97, 4-100, AND 4-102 AND REPEALING SECTION 4- 101 OF ARTICLE V, BINGO GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENTS BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 4, Amusements, Article V. Bingo games and raffles, of the Roanoke County Code be amended to read and provide as follows: Sec. 4-90. Participation in management, operation, or conduct generally. No person, except a bona fide member of an organization holding a permit under this article, who has shall have been a member of such organization for at least ninety (90) days prior to such participation, shall participate in the management, operation, or conduct of any bingo games or raffle a-nd. Except as provided herein no person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they Participate may receive non -monetary incentive awards or prizes from the organization provided that organization is non-profit The spouse of any such bona fide member or a firefighter or rescue squad member employed by the County may participate in the organization and conduct of a bingo game or raffle, if a bona fide member is present. Sec. 4-97. Certificate to accompany financial report. The financial report required by Section 4-96 shall be accompanied by a certificate, verified under oath, by the board of directors of the organization that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with this article. report, shall attach to such report an opinion executed by a licensed certified public accountant that (i) the statement of 2 receipts and disbursements is true and correct; (ii) the proceeds of any bingo games or raffles have been used for those lawful. religious. charitable. community or educational purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all respects in accordance with the provisions of this article. Sec. 4-100. Limitation on frequency of bingo games. (a) No organization may hold bingo games more frequently than two (2) calendar days in any one calendar week, except that a special permit may be granted an organization which entitles will «z such organization to conduct more frequent operations, during carnivals, fairs and other similar events, at its principal meeting place or any other site selected by such organization which is located in the county and does not violate any other ordinance of the county. The sponsoring organization shall accept only cash in payment of any charges or assessments for players to participate in bingo games. (b) No building or other premises shall be utilized, in whole or in part, for the purpose of conducting bingo games more frequently than two (2) calendar days in any one calendar week; provided however, that the provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with subsection (a) above ner shall the pr Pt erganizatien--pursua t te-seetien -SAie of the mated Statesinternal Revenue-eede-.—No building or other premises owned by an organization as defined in section 4-86 which is qualified as a tax exempt organization pursuant to section 501C of the United States Internal Revenue Code shall be utilized in whole or in part for the purpose of conducting bingo games more freguently than four (4) calendar days in any one calendar year. One building or premises owned by the county shall also be exempt from the provisions of this subsection. Sec. 4-102. Regulations for instant bingo. (a) Any organization qualified to conduct bingo games M pursuant to this article is authorized to play instant bingo as a part of such bingo games and provided, however, that instant bingo may be eendueted only at sueh times as a re"lar binge game is in progress d only at such location and such times as are specified in the bingo permit for regular bingo games as defined in section 4-86. (b) The gross receipts in the course of a reporting year for the playing of instant bingo shall not exceed thirty-three and one- third (33 1/3) percent of the gross receipts of an organization's bingo operation. (c) Any organization playing instant bingo shall maintain 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. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. (d) No organization shall sell an instant bingo card to any individual less than sixteen (16) years of age. 2. That this ordinance shall be in full force and effect from and after September 27, 1989. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisor Robers, McGraw, Nickens, Garrett NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, Treasurer Paul M. Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor