4/9/1996 - Regular
April 9, 1996
215
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Roanoke County Board of Supervisors
'Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 9, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of April, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 02 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Supervisors Lee B. Eddy,
Fenton F. "Spike" Harrison, H. Odell "Fuzzy"
Minnix
MEMBERS ABSENT:
Vice Chairman Harry C. Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend James W.
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April 9, 1996
Reynolds, Retired, united Methodist Church.
Allegiance was recited by all present.
'l'ne Pledge of
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added an item to Executive Session pursuant
to Section 2.1-344 A (7) consultation with legal counsel
concerning expansion of the Sewage Treatment Plant.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Proclamation of Appreciation to the Public Safety
Telecommunicators and declarinq April 14 - 20.
1996 as Public Safety Telecommunicators Week.
Chairman Johnson presented the proclamation to Police
Dispatchers Wayne King, Angie Epling, Chip Basham and Melody
McLeod.
Supervisor Eddy moved to approve the proclamation. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Proclamation declarinq APril 21 - 27. 1996 as the
Week of the Younq Child in Roanoke County.
Chairman Johnson presented the proclamation to Parks
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April 9, 1996 217
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and Recreation Special Events Coordinator Eddie Ford and children
representing the various preschool daycare providers.
Supervisor Minnix moved to approve the proclamation.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
h Recoqni tion of Beverl v T. Waldo. Youth Haven II
for obtaininq accreditation as a Licensed Clinical
Social Worker.
Chairman Johnson presented the certificate of
recognition to Beverly Waldo for obtaining her accreditation.
IN l~E:
BRIEFINGS
~ Presentation on the Roanoke Valley Greenwavs Plan.
(Lucv Ellett. Chair. Roanoke Valley Greenwavs/Open
Space steerinq Committee)
Ms. Ellett made the presentation. She expressed
appreciation to the Board of Supervisors for supporting their
ISTEA grant which will become available this summer. She
presented the Board members with a Greenway Newsletter which
described the development of the Roanoke Valley Conceptual
Greenway Plan. She also presented two requests from the Steering
Committee. The first is a request that the sewer interceptor
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April 9, 1996
project be engineered in a way that will enable future
construction of a greenway along the river and creek. The second
was a request to contribute a share of the funding to hire a
Greenway Coordinator. other localities will also be asked to
contribute. Roanoke County's share would be $21,000.
It was the consensus of the Board that the funding
request for a greenway coordinator be referred to staff for
consideration during the budget process.
IN RE:
NEW BUSINESS
~ ReQUest to approve a sanitary sewer extension
alonq West Main Street. (Garv Robertson. utility
Director)
A-040996-1
Mr. ,..{obertson reported that the section of West Main
street between Fort Lewis Church Road and Daughtery Road is
presently developed with a mixture of commercial and residential
structures, using septic systems to handle sanitary waste. The
utility Department has received a petition from several property
owners in this area requesting assistance from the County to
provide public sewer. staff reviewed the request and supports
the installation of sanitary sewer. Mr. Robertson advised that
the cost estimate is approximately $175,000 and staff has
received pledges from five property owners for $54,520 to
participate in the construction. staff recommends that the Board
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April 9, 1996
219
approve the sanitary sewer extension and participate in this
project with the property owners funding $54,520 and the County
funding $120,480 from the General Fund Unappropriated Balance.
In response to questions from Supervisor Eddy, Mr.
Robertson advised that funds are not currently available in the
Utility Fund for the County's share, but Utility Funds could be
used in the future. He further advised that the staff will bring
back a proposed public-private partnership policy to the Board
for future sewer extensions. Supervisor Eddy suggested that if
General Funds are used that they be repaid from the Utility
Department when available.
staff was directed to bring back a policy for adoption
that will include the interest in the repayment schedule
Supervisor Harrison moved to approve the extension with
the understanding that the general fund will be reimbursed from
the utility fund when the money is available. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ ReQUest to submit a Planninq Grant application for
a Blue Ridqe Parkway Interpretive Center. (Tim
Gubala. Economic Development Director)
R-040996-2
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April 9, 1996
Mr Gubala reported that the site on the north side of
the Roanoke River is being removed from consideration by the
National Park Service, and the new site is on the south side of
the parkway near the intersection of the Parkway spur road and
the Blue Ridge Parkway.
Roanoke County can apply for a $25,000
grant from the Virginia community Development Block Grant Program
to carry out a variety of preliminary studies for the
Interpretive Center.
Staff recommended that the Board of
Supervisors submit a grant application with $10,000 funds
appropriated from the 1996/97 Economic Development Budget.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
RESOLUTION 040996-2 APPROVING THE SUBMISSION
OF A PLANNING GRANT APPLICATION FOR A BLUE
RIDGE PARKWAY INTERPRETIVE CENTER
WHEREAS, the National Park Service has identified a
site in the Roanoke Valley as a location for a Blue Ridge Parkway
Interpretive Center, and
leading
locate
Roanoke
WHEREAS, the Roanoke County board of Supervisors are
a regional planning effort to implement the plans and to
the Interpretive Center on property adjacent to the
River Parkway, and
WHEREAS, the Virginia Department of Housing and
Communi ty Development has a Community Development Block Grant
Program that offers a Planning Grant Program that could provide
$25,000 of funds for the preliminary engineering and planning of
an Interpretive center, and
April 9, 1996
221
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WHEREAS, the Board of Supervisors desires to apply for
a Planning Grant and commit $10,000 of pUblic-private partnership
funds as a local match to the Blue Ridge Parkway Interpretive
Center project, and
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors authorizes the County Administrator to prepare and
execute necessary application forms for a submission for a
Virginia Community Development Block Grant Planning Grant for
1996.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
IN RE:
REQUESTS FOR WORK SESSIONS
It was the consensus of the Board to set a work session
with the School Board for April 23, 1996, at 2:00 p.m.
IN RE:
FIRST ?EADING OF ORDINANCES
~ Ordinance declarinq a parcel of real estate
identified as Roanoke city Tax Map No 5100427
located off Mcvittv Road in Oak Grove Farms to be
surplus and acceptinq/reiectinq an offer for the
sale of same. (John Willey. Property Manaqer)
Mr. Mahoney explained that this ,property should have
been conveyed to Roanoke City in the last annexation. An
adjacent property owner would like to acquire the property. The
parcel was advertised in the newspaper and bids will be accepted
until April 19.
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April 9, 1996
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Mr. Mahoney was asked to notify the adjoining property
owners that if the property is conveyed to them, they will have
to pay for the cost of the survey.
Supervisor Johnson moved to approve the first reading
and set the second reading for April 23, 1996. The motion
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
ABSENT: Supervisor Nickens
~ Ordinance declarinq a parcel of real estate
identified as Tax Map No. 76.05-3-6 located off
Meadow Valley circle in the Windsor Hills
Maqisterial District to be surplus and
acceptinq/rLiectinq an offer for the sale of same.
(John Willey. Property Manaqer)
Mr. Mahoney advised that this is a surplus well lot and
has been advertised in the newspaper. He was directed by the
Board to notify the adjacent property owners that the property is
for sale.
Supervisor Eddy moved to approve the first reading and
set the second reading for April 23, 1996. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Johnson
NAYS: None
April 9, 1996
223
ABSENT:
Supervisor Nickens
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance amendinq and reenactinq the Roanoke
County Code. Section 4. Chapter 4. Amusements to
provide authority for Health Department
inspections of public swimminq pools. (Joseph
Obenshain. Sr. Assistant County Attornev)
0-040996-3
Mr. Obenshain reported that there were three major
changes since the first reading. They included the requirement
for at least one lifeguard for public swimming pools, provision
for safety equipment and a provision for a lifeline at the five
foot break in grade. The $100 application fee will also be
retained as requested by the Board. Supervisor Eddy offered a
memorandum with minor changes to the ordinance.
The following citizens spoke:
1. ,Ronald Ramsev. 6641 Poaqe Valley Road. requested
that the ordinance specify "qualified" and not "certified"
lifeguards and pool operators.
2. Scott Carter. Owens and Company Realtors, advised
that apartment and condominiums pools have keys to enter the pool
area and posted rules and regulations. He requested that
Homeowners Associations be exempted from the ordinance.
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April 9, 1996
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3. Bobbv Harman. F&W Manaqement spoke against the $100
application fee because he felt it was excessive.
Supervisor Minnix moved to adopt the ordinance with his
suggested amendments and housekeeping suggestions by Supervisor
Eddy. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison,
NAYS: Supervisor Johnson
ABSENT: Supervisor Nickens
ORDINANCE 040996-3 AMENDING AND REENACTING THE ROANOKE
COUNTY CODE SEC. 4-4, DEFINITIONS, SEC. 4-5,
RECIRCULATION SYSTEM, SEC. 4-6, WATER TREATMENT, SEC.
4-7 WATER SUPPLY SYSTEMS, SEC. 4-8 SEWAGE DISPOSAL,
SEC. 4-9, GENERAL SAFETY PROVISIONS, SEC. 4-10,
OPERATION, SEC. 4-11, SECURITY, SEC. 4-12, SAFETY AND
RESCUE EOUIPMENT: OTHER SAFETY FEATURES, AND SEC. 4-13,
ENTRY AND INSPECTIONS. ENFORCEMENT. PENALTIES TO
ARTICLE I. IN GENERAL OF CHAPTER 4, AMUSEMENTS TO
PROVIDE AUTHORITY FOR HEALTH DEPARTMENT INSPECTIONS CF
PUBLIC SWIMMING POOLS
WHEREAS, Sec. 32.1-248.1 of the Code of Virginia, 1950,
as amended, authorizes the state Board of Health to promulgate
regulations to require the daily posting of water quality test
results at swimming pools and other water recreational facilities
operated for public use based upon the direct public health risks
associated with water quality standards; and
WHEREAS, the diverse nature of swimming pools and the
varieties of their settings makes it difficult to establish
specific safety regulations for all pools by ordinance, but
certain minimum standards are desirable to enhance the safety of
pool users; and
WHEREAS, it is in the interest of the public health and
safety of the citizens of the County of Roanoke, Virginia to
continue inspections no less often than annually of public
swimming pools by the Roanoke County Health Department and to
continue to require certified pool operators for each public
April 9, 1996
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swimming pool; and WHEREAS, the first reading of this
ordinance was held on March 12, 1996, and second reading was held
on April 9, 1996.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
1. That Article I. In General of Chapter 5,
AMUSEMENTS of the Roanoke County Code be amended as follows:
Sec. 4-4. Definitions.
For the purposes of this article, the following words
and phrases shall have the meaning ascribed to them by this
section, unless otherwise indicated to the contrary:
Aaent: Shall mean a legally authorized representative
of the owner;
Disinfectant: Shall mean the chemical that disinfects
by inhibiting, neutralizing, or destroying the growth of harmful
microorganisms;
Free residual disinfectant: Shall mean the amount of
measurable chlorine or bromine remaining in the water following
disinfection;
Health Director: Shall mean the Health Director of the
Roanoke County Vinton He~lth Department, or his authorized
representative;
Lifeauard: Shall mean an individual who is currently
certified as a lifeguard in accordance with the standards as
recommended by the American Red Cross or other accredited agency
recognized by the Health Director, or qualified by a reputable
water safety organization;
Operator: Shall mean an individual who is currently a
certified Pool Operator in accordance with the standards as
recommended by the National Swimming Pool Foundation, the
National Recreation and Park Association, or other accredited
agency recognized by the Health Director;
Owner: Shall mean any person who owns, leases or has
signed a contract to own or lease a public swimming pool;
Swimmer CaDacitv or Load: Shall mean the maximum
number of persons permitted in the pool at a given time, to be
determined by dividing the total square footage of swimming pool
water surface area by 27.
Swimminq Pool: Shall mean any structure, basin
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April 9, 1996
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chamber, or tank, located either indoors or outdoors, containing
an artificial body of water intended to be used for swimming,
diving or recreational bathing, and having a water depth of 24
inches or more at any point;
Public swimminq pool: Shall, mean any swimming pool,
other than a private residential swimming pool, intended to be
used collectively by numbers of persons for swimming or bathing
and operated by any person, whether as owner, lessee, operator or
concessionaire for which any fee or consideration is charged
directly or indirectly for such use. The term "public swimming
pool" includes, but is not limited to, tourist establishment
pools, pools owned or operated by hotels and motels, condominium,
private club, apartment, or any association of persons. The term
"public swimming pool" shall not include single occupant tubs and
showers used exclusively for therapeutic purposes nor spas or hot
tubs regulated by Article VI of this Chapter.
Sec. 4-5. Recirculation Systems.
(a) All equipment shall be maintained in satisfactory
operating condition during the operation of a public swimming
pool.
(b) The filtration system of all public swimming pools
shall have sufficient clarifying capacity so as to permit the
main drain to be clearly visible from the pool deck at distances
up to 10 feet in a horizontal directÍ':,'1 from the projection of
the drain on the pool surface.
(c) All filters on public swimming pools shall be
designed and installed so as to provide easy accessibility for
backwashing, operation, maintenance, and servicing.
(d) All filters on public swimming pools shall be
designed and installed with the necessary valves and piping which
may be needed to drain the filters and piping completely.
(e) A permanent waterproof specification placard shall
be conspicuously displayed on or adjacent to the filter and shall
be adequately lighted. Specifications shall be printed or typed
and readily legible. The following information shall be included
on the placard:
(1)
(2)
(3)
(4)
name and location of facility;
date of construction;
capacity of gallons;
water surface area in square
meters);
turnover rate in hours;
feet
(square
(5)
April 9, 1996
227
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(6) rate of flow in gallons per minute;
(7) swimmer capacity;
(8) pool operating procedures to include:
a.
instructions on proper operation of
pumps and filter;
b.
instructions on proper cleaning
procedures;
c.
instructions on proper backwashing
procedures;
d.
instructions
procedures to
of contact
chemicals.
for emergency
be followed in case
with hazardous
Sec. 4-6. Water Treatment.
(a) Public swimming pools, when open or in use, shall
be disinfected continuously by a chemical disinfectant which
imparts a residual effect and shall be maintained in a non-acidic
condition.
(b) Public swimming pools, when open or in use, shall
be disinfected using a chemical feeding device capable of
maiI"taining an easily measured disinfectant residual. Manual
feeding of disinfectant chemicals is prohibited except as
provided in §4.9(a), (3) & (4).
(c) Chemicals other than chlorine, bromine, sodium
hypochlorite, calcium hypochlorite, muriatic acid, lime, soda
ash, sodium bicarbonate, aluminum sulfate, calcium chloride,
cyanuric acid and sodium bisulfate shall not be used to treat
pool water without permission from the Health Director.
(d) Chemical water quality standards for public
swimming pools and wading pools:
(1) Free chlorine, combined chlorine, bromine and
Ph values shall be continuously maintained
within the following ranges:
Minimum
Ideal
Maximum
Indoor Outdoor
Pools Pools
Free chlorine residual
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April 9, 1996
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parts per miIIioo (ppm) 1.0 1.0-1.5 2.0 3.0
Combined chloriDe (ppm) None None 0.2- 0.2-
Bnaâae (ppm) 2.0 2.0-4.0 4.0 4.0
pH 7.2 7.4-7.6 7.8 7.8
-R--IÜII IIdioa shall be taIœn by the operator if combined chlorine exceeds 0.2 ppm as it will resnlt in
rednœd chloriDe efIic:aq and inaease swinuner initatioo.
a.
If pool water
than those
residuals
disinfecting
maintained.
disinfectants other
above are used,
of equivalent
strength shall be
b.
If chlorinated cyanurates are used
as pool water disinfectants, the
cyanuric acid levels shall be
maintained within the following
ranges:
Minimum
Cyanuric Acid (ppm) 30
Ideal
40-50
Medium
60
(e) Pool water shall have a total alkalinity of not
less than 50 ppm and not greater than 150 ppm or a water balance
between total alkalinity and calcium hardness that is neither
scaling or corrosive.
(f) Other disinfectant agents or methods may be
accepted after they have been demonstrated to provide the
equivalent disinfection of chlorine and are readily measurable.
(g) Test Kits: Acceptable test kits for the easy
measurement of all required water chemistry parameters in these
regulations shall be provided and maintained at each pool. The
test kits shall be capable of measuring the disinfectant
residuals accurately to within five-tenths (0.5) ppm.
(h) Microbiological Test: When the Roanoke County-
Vinton Health Department determines that bacteriological samples
are required, the quality of water in the pool shall be
determined to be unacceptable by the presence of organisms of the
coliform group, or a standard plate count of more than two
April 9, 1996
229
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hundred (200) bacterial per milliliter,
consecutive samples or in more than ten
samples in a series.
or both, in two (2)
(10%) percent of the
Sec. 4-7. Water supply Systems.
(a) Water supply systems serving public swimming pool
establishments shall comply with the waterworks regulations
and/or private well regulations.
(b) The water supply distribution system shall be
designed, constructed, and maintained in compliance with the
Virginia Uniform statewide Building Code.
(c) Where drinking fountains are provided, they shall
be of an angle jet type with adequate water pressure at all
times.
Sec. 4-8. Sewage Disposal.
(a) Public swimming pools which have showers, water
closets, or lavatories shall provide an adequate and safe
sewerage system.
(b) Sewage and waste water shall be disposed of into a
public sewerage system or by a sewage system constructed and
operated in accordance with applicable law and regulations.
(c) No untreated or partially treated sewage, liquid
waste, or septic tank effluent shall be discharged directly or
indirectly onto the surface of the ground or into the pUblic
waters.
Sec. 4-9. General safety Provisions.
(a) All chemicals, cleaning compounds and similar
materials shall be stored in a cool, dry, and well ventilated
place, out of reach from children and, for public pools, in a
locked space. All chemicals used in pool water treatment shall
be stored in their original containers.
(1) There shall be no smoking in any areas where
pool chemicals are stored.
(2) All persons while handling pool chemicals
which may be strongly acidic or basic, or
which may be strong oxidizing agents, shall
wear protective eyewear and other protective
clothing as deemed necessary by the Heal th
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April 9, 1996
Director or as recommended by the chemical
manufacturer.
(3) No harsh or irritating chemical in
concentrated form shall be added manually and
directly to any pool water except under
emergency conditions.
(4) Whenever it is necessary to add any harsh or
irritating chemical in concentrated form
directly into the water of any pool, use of
the pool shall be stopped until such time as
the chemical is dissolved completely in and
is diffused thoroughly throughout the pool
water.
(5) All persons before handling pool chemicals
shall read thoroughly the manufacturer's
recommendations for proper use and adhere to
those recommendations.
(6) Disinfectants and oxidizing chemicals shall
be stored in a physically separate manner
from other chemicals such as acids or base
compounds.
Sec. 4-10. operation.
(a) Each public swimming pool owner sha~l require a
certified operator to be available except whe~ the pool is out of
service.
(b) Lifeguard(s) shall be required and be present at
all times during operation based on the following criteria:
1. A minimum of one lifeguard shall be present
and observing swimmers at all times during
operation of the pool.
2. Lifeguards must be of sufficient number and
placement to maintain an unobstructed view of all
areas of the pool. The use of elevated observation
chairs is encouraged.
3. An exemption to items 1 and 2 above shall be
considered by the Health Director for pUblic
swimming pools having low usage if the following
requirements are met:
April 9, 1996
231
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a. A sign is posted containing the following:
( 1) "WARNING:
Duty."
No Lifeguard on
(2) "Children under 14 years of
age are not allowed to use the pool
unless accompanied by an adult."
(3) "No one shall be allowed to be
in the pool alone."
(4) "Swimming
permitted when there is
lightning observed or
minutes afterwards."
is not
thunder or
within 15
b. All safety and equipment and code standards
in Sec. 4-12 are followed.
(c) Children under 8 years of age must be accompanied
by an adult;
(d) Where no lifeguard is present, children under 14
years of age must be accompanied by an adult;
(e) Operators and lifeguards shall be required to
possess a current certification meeting the current standard for
a pool operator or lifeguards as recommended by the National
Swimming Pool Foundation, the National Recreation and Park
Association, the American Red Cross, or other accredited agency
recognized by the Health Director. In the event a pool operator
leaves the employment of a pool owner during the pool season, the
owner shall be permitted a reasonable period of time, not to
exceed four (4) weeks to obtain or employ a certified operator,
provided the pool had been inspected by and had received a permit
from the Health Director within the immediately preceding four
(4) months and that the owner notifies the Health Director within
ten (10) days of the resignation of the pool operator.
(f) A bound log shall be maintained by the swimming
pool operator on the premises which shall contain the time and
dates of the chemical test performed, results of those tests and
initials of the persons who performed the necessary testing. The
log shall be retained for a period of twelve (12) months.
1. The log shall include the following at the
specified intervals:
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April 9, 1996
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a.
all chemicals
quanti ty and
needed;
added, including
time added as
b.
personnel and changes
personnel - as necessary;
in
c.
injuries - as necessary;
d.
maintenance
backwashing
necessary;
operations including
and vacuuming as
e.
disinfectant levels - every twenty-
four (24) hours;
f.
pH balance - every twenty-four (24)
hours;
g.
h.
stabilizer - weekly;
alkalini ty and calcium hardness -
weekly;
i.
shift.
lifeguard(s)
on duty for each
(g) Swimmer load :hall not exceed a density of one (1)
person per twenty-seven (27) square feet of pool surface area.
(h) Animals, fowl and/or pets shall not be permitted
within the pool area. This section shall not apply to working
dogs, such as seeing eye dogs.
Sec. 4-11. security.
Swimìning facilities shall be maintained in a manner
which will not create a nuisance or hazard to the public safety
and well-being, and the pool area shall be adequately secured
against unauthorized entry by the public in general. The
impounded water shall, at all times, be treated in a manner which
will prevent the growth of algae and the breeding of mosquitoes
or other vermin.
Sec. 4-12. Safety and Rescue Equipment and Code standards; Other
Safety Features.
(a) Every public swimming pool shall be equipped with
the following aids to safety and rescue which shall be readily
April 9, 1996
233
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"'
accessible at all times:
(1) One (1) or more light but strong poles with
blunted ends not less than 12 feet in length.
(2) One or more throwing buoys with sufficient
attached line to reach twice the width of the
pool. The line shall be of sufficient size
and strength to offer an appropriate handhold
and to support loads normally imposed by
swimmers.
(3) A first aid kit which shall be kept filled
and readily accessible'for'emergency use.
(4) On all swimming pools, the depth of the water
shall be marked plainly and permanently at
appropriate locations to prevent
misunderstanding of the water depth.
(5) Lifeguards shall maintain unobstructed views
of all areas of the pool. The use of elevated
lifeguard chairs are encouraged. Specific
chair needs should be based on pool size,
design, and occupancy, in order to maintain
unobstructed view of all areas of the pool.
(6) When pools are used after dark, tbe swimming
pool area shall be equipped with lighting
fixtures of such number and design as to
light all parts of the pool, the water
therein, and the entire surrounding area.
Fixtures shall be maintained so as to create
no hazard to the swimmers. The lighting shall
be such that lifeguards can clearly see every
part of the swimming pool including decks,
sparing boards and other appurtenances
without being blinded by glare.
(7) Each public pool shall have a posted,
permanent and easily read set of safety rules
covering such matters as age restrictions,
hours of allowed use, activity restrictions,
allowance of glass containers or alcohol or
drugs, and such other rules as appropriate
for the safety of all pool users.
(8) A lifeline shall be provided at the 3 or 5
foot break in grade between the shallow and
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April 9, 1996
deep portions of the pool, with its position
marked by visible floats at not greater than
7 foot intervals. The life line shall be
securely fastened to wall anchors of
corrosion resistant material and of a type
which shall be recessed or have no projection
which shall constitute a hazard when the line
is removed. The line shall be of sufficient
size and strength to offer a good handhold
and support loads normally imposed by
swimmers.
(b) Pumps, filters and other mechanical and electrical
equipment for pools shall be enclosed in such a manner so as to
be accessible only to authorized persons. Drainage shall be such
as to avoid the entrance and accumulation of water in the
vicinity of the electrical equipment.
(c) The crossing of outdoor swimming facilities by
overhead electrical conductors is prohibited, except as permitted
by the state Electrical Code.
(d) All metal fences or railings on which a broken
electrical conductor might fall shall be effectively grounded
according to the state Electrical Code.
(e) All lighting fixtures shall be prohibited directly
abo....-~ the water surface area except as permitted by the stat,~
Elec...crical Code, and shall be protected in a manner which will
prevent broken glass from falling on any surface within the pool
area. All electrical switches and receptacles shall be of
weatherproof construction and resistant to corrosion.
(f) Lights shall be prohibited _ directly above or
within three feet horizontally of the pool rim in any indoor or
covered swimming pool, except as permitted in the state
Electrical Code.
(g) Access to the pool area shall be maintained and
unobstructed to provide for emergency service vehicles and
emergency attendants to the pool area.
(h) Swimming is not permitted when there is lightning
or thunder, or within 15 minutes afterwards.
Sec. 4-13. Entry and Inspections; Enforcement; Penalties.
(a) In accordance with the provisions of § 32.1-25 of
the Code of Virginia, 1950, as amended, the Health Director or
April 9, 1996
235
his designee shall have the right to enter any property to
conduct inspections and to ensure compliance with this ordinance.
All public swimming pools in the county may commence operations
each year only after being inspected by the Health Director or
his designee and receiving a permit from the Director and after
complying with all licensing requirements of the Commissioner of
the Revenue. The Health Director is authorized to require each
owner to complete and submit an annual application, all in such
form as the Director shall approve. Each application shall be
accompanied by a fee in the amount of Fifty Dollars ($50.00) to
partially reimburse the county for the cost of this inspection.
(b) When the Health Director finds that the provisions
of this Article are not met or that any condition exists that
endangers the life, health or safety of the users of any public
swimming pool, he may order ,the facility closed until the
condition is corrected. When the Health Director finds that any
provisions of this Chapter are not met, he shall give written
notice to the owner of the specific sections of this code which
are being violated and afford the owner an opportunity to respond
to such notice. Failure of any owner to respond to the Health
Director's notice either in writing or in person, within ten
calendar days, shall be considered an admission of fact as to the
existence of the violations set forth in the notice of violation.
Upon the occurrence of any violation of this Chapter, which does
not threaten the life, health or safety of any user of the pool,
the Health Director shall have the authority to develop
reasonable steps for the correction of any violations in
consultation with the pool '..Nner. Continued failure to comply
with these regulations shall be cause for revocation of any
permit or business license issued, as required in subsection (a).
Any person aggrieved by the refusal of the Health Director to
grant, or by the revocation or suspension of, a permit or license
shall have the right to appeal therefrom to the Circuit Court of
the County of Roanoke, Virginia within thirty (30) days of such
refusal, revocation or suspension.
(c) Any owner, agent or operator in charge of or
control of any public swimming pool which is in violation of the
provisions of sections 4-4 through 4-12 shall be guilty of a
Class 4 misdemeanor. Any owner, agent or operator who shall
operate a public swimming pool without a license or permit shall
be guilty of a Class 1 misdemeanor. Each day of operation of
such pool without a valid license or permit shall constitute a
separate offense.
(d) The Health Director shall utilize the inspection
process to develop recommendations designed to promote safety and
health in swimming which are responsive to the unique needs and
situations of each pool.
236
April 9, 1996
-
2. This ordinance shall be effective from the date of
its enactment.
On motion of Supervisor Minnix to adopt the ordinance
as amended by Supervisors Minnix and ~ddy, and carried by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison
Supervisor Johnson
Supervisor Nickens
~ ordinance authorizinq the acquisition of a
permanent easement from David W. Shelor and
Constance R. Shelor for access to the E-911 radio
tower site on Fort Lewis Mountain and of a County
water tank and the conveyance of surplus property
containinq 5.25 acres to David and Constance
Shelor. '(Paul M. Mahonev, County Attornev)
0-040996-4
Mr. Mahoney advised that he hdd amended the ordinance
from first reading to reflect that the purchase price shall be
paid out of the E-911 budgeted expenditures.
Supervisor Minnix moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Johnson
NAYS: Supervisor Eddy
ABSENT: Supervisor Nickens
ORDINANCE 040996-4 AUTHORIZING THE ACQUISITION OF A
PERMANENT EASEMENT FROM DAVID W. SHELOR AND CONSTANCE
R. SHELOR FOR ACCESS TO THE E-911 RADIO TOWER SITE ON
FORT LEWIS MOUNTAIN AND OF THE SITE ,OF A COUNTY WATER
April 9, 1996
237
TANK AND THE CONVEYANCE OF SURPLUS PROPERTY CONTAINING
5.25 ACRES TO DAVID AND CONSTANCE SHELOR
WHEREAS, the County of Roanoke has constructed a radio
tower on the top of Fort Lewis Mountain 1n the Catawba
Magisterial District in order to provide effective and adequate
radio transmission coverage for purposes of public safety and
other essential governmental operations through the County's
Enhanced 911 emergency radio system but is without a means of
public or unrestricted access to this radio tower for purposes of
construction, maintenance and repairs except by means of a
private easement with the permission of the adjacent landowners,
David and Constance Shelor; and,
WHEREAS, the location of the easement is from the
termination of State Route 643, Daugherty Road over and across
the property of David W. Shelor and Constance R. Shelor
designated as Roanoke County Tax Map Parcel #43.00-1-45 for a
distance of approximately 4.3 miles to the top of Fort Lewis
Mountain; and,
WHEREAS, staff has negotiated the purchase of said
easement from David W. and Constance' R. Shelor for the sum of
$10,000.00 and the exchange of other real estate; and,
WHEREAS, Section 18.04 of the Roanoke County Charter
directs that the acquisition of real estate be accomplished by
ordin~~ce; the first reading of this ordinance was held on March
26, 1~~6; and the second reading was held on April 9, 1996.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized
to acquire from David W. Shelor and Constance R. Shelor a
perpetual, non-exclusive easement for access to a County E-911
radio tower across a parcel of real estate owned by the Shelors
on Fort Lewis Mountain, shown on the Roanoke County Tax Map as
parcel #43.00-1-45, for the sum of not less than $10,000.00 to be
paid in equal annual payments of $5,000.00 until all issues of
title are resolved and mutual conveyances are made.
2. That the County Administrator is hereby authorized
to take all necessary steps and incur any necessary expenses
associated with removing a cloud upon the title to a parcel
containing 5.25 acres previously deeded to the Roanoke County
Board of Supervisors, designated as Tax Map parcel #43.00-1-43,
and to convey such parcel to David and Constance Shelor and to
accept in exchange the conveyance of the site of a County water
238
April 9, 1996
-
tank from the Shelors.
3. That the purchase price shall be paid out of the
E-911 budgeted expenditures.
4. That the County Administrator is authorized to
execute such documents and take such actíons on behalf of Roanoke
County in this matter as are necessary to accomplish the
acquisition of this property, all of which shall be approved as
to form by the County Attorney.
5. That this ordinance shall be effective on the date
of its adoption.
On motion of Supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Minnix, Harrison, Johnson
Supervisor Eddy
Supervisor Nickens
IN RE:
APPOINTMENTS
~ Hiqhwav and Transportation Safety commission
Supervisor Johnson nominated Jay Gaylor to serve as the
legal representa~ive for a four year term which will expire June
30, 1999.
~
New
Century
Council
Vision
Implementation
Committees
Supervisor Harrison nominated Sharon Kennedy to serve
on the Environment and Quality of Life Committee.
~ Roanoke Valley Reqional stormwater Management
citizens Advisorv Committee
Supervisor Eddy moved to nominate Tobie Eaton. The
nomination was confirmèd by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
April 9, 1996
239
NAYS:
None
ABSENT:
Supervisor Nickens
~ Total Action Aqainst Poverty Board of Directors
Supervisor Eddy nominated Bob Johnson to serve another
two year term which will expire May 5, 1998, with Elizabeth
Stokes to serve as Supervisor Johnson's designee.
IN RE:
CONSENT AGENDA
R-040996-5. R-040996-5.c
Supervisor Minnix moved to adopt the Consent Resolution
with additional raffle date included in Item 1.
The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 040996-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM M - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain,section of the agenda of the Board
of Supervisors for April 9, 1996 designated as Item M - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Approval of a Raffle Permit for the Miss Virginia
Pageant, Inc.
2. Confirmation of Committee Appointments to the New
Century Council Vision Implementation Committees,
and Roanoke Valley Regional stormwater Management
240
April 9, 1996
-
citizens Advisory Committee.
3. Acceptance of water and sanitary sewer facilities
serving Bear Ridge, Section 2.
4. Resolution of Appreciation upon the retirement of
D. Keith Cook, Department of Human Resources.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Minnix to adopt the resolution
with additional raffle date added to Item 1, and confirmation of
appointment to Roanoke Valley Regional stormwater Management
Citizens Advisory Committee, and carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
RESOLUTION 040996-5.d EXPRESSING APPRECIATION UPON THE
RETIREMENT OF D. KEITH COOK, DIRECTOR OF HUMAN
RESOURCES
WHEREAS, D. Keith Cook was first employ':>i in March,
1966 by the County of Henrico; anà
WHEREAS, Mr. Cook has also been employed by the
Counties of Caroline, Stafford, and the City of Bedford; and
WHEREAS, Mr. Cook became Director of Human Resources
for the County of Roanoke in March, 1983; and
WHEREAS, under Mr. Cook's leadership, many new programs
were initiated including centralization of all personnel records,
the first salary survey conducted in-house, and one of the first
Employee Assistance Programs in the Roanoke Valley; and
WHEREAS, Mr. Cook also promoted increased benefits for
County employees, through programs such as dental health
insurance, standby pay, the sick leave bank, and the Wellness
Program; and
WHEREAS, Mr. Cook also served his community as a member
of the Fifth District Training Consortium and the Board of
Consumer Credit Counseling.
April 9, 1996
241
- - ~ -
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, expresses its deepest
appreciation and the appreciation of the citizens of Roanoke
County to D. KEITH COOK for thirty years of capable, loyal and
dedicated service to Roanoke County and other local governments
in the Commonwealth of Virginia.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddv:
(1) He announced that there will be
a hazardous waste collection at the Salem civic Center on Earth
Day, April 20. (2) He asked about the Virginia Tech farm in the
Catawba Valley.
Mr. Hodge advised that Supervisor Harrison has
written to the 3tate legislators and contacted the state
officials, and that a report will be brought to the April 23,
1996 Board meeting. (3) He asked about the status of the Policy
Manual. Mr. Mahoney advised that the content of the manual has
been reduced and is being distributed to the department heads.
Following their review , it will be brought to the Board for
adoption.
(4)
He asked when the rollover policy would be
brought to the Board.
Mr. Hodge will forward a copy for
discussion at the April 11, 1996 work session.
Supervisor Minnix:
(1)
He thanked Joe Obenshain and
others for their work on the swimming pool ordinance.
(2)
He
242
April 9, 1996
asked how many residents are now getting Spring Hollow Reservoir
water. Mr. Hodge responded that one-half of the County residents
are now receiving water from the reservoir and that water is also
pumping into the Glenvar area.
SUDervisor Harrison: (1) He advised that he continues
to receive calls about the north loop transmission line. (2) He
announced that there will be a walk-run Marrow-thon on Earth Day
and that he will be participating.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following residents spoke on (1) the defeat of the
recent bond referendum which would have funded a new high school
in South County and renovations to Glenvar, Northside High School
and other smaller projects, and (2) proposed renovations to Cave
Spring Junior High School. They spoke in support of (1) a county-
wide study of school needs, (2) that the renovations to Cave
Spring not be completed unless all the deficiencies are resolved,
and (3) that none of the projects included in the referendum go
forward.
~ Jim McAden. 57571 Grandin Road Ext.
~ Terrv Lanqford. 5440 Merriman Road
~ Marv Nasca. 5013 Upland Game Road
~ Kirk Martin. 4325 Cresthill Drive
~ Roqer Odell. 7652 Wineberrv Trail
Supervisor Johnson recommended establishing a blue
ribbon commission to look at the county-wide school needs.
-.
April 9, 1996
243
~---._--
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IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
~ General Fund Unappropriated Balance
~ Capital Fund Unappropriated Balance
.L. Board Continqencv Fund
.L. Proclamations siqned bv the Chairman
h Accounts Paid - March 1996
IN RE:
EXECUTIVE SESSION
At 5:27 p.m., Supervisor Johnson moved to go into
Executive Session following a tour of the State Forensics Lab
pursuant to the Code of Virginia section 2.1-344 A (7) legal
consultation
concerning
a
potential
legal
matt.er,
Le.
annexation, and expansion of the Sewage Treatment Plant. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
TOUR OF THE STATE FORENSICS LAB
The Board members and invited guests were given a tour
of the Forensics Lab from 6:00 p.m. until 7:15 p.m.
IN RE:
EXECUTIVE 'SESSION
244
April 9, 1996
-
At 7:15 p.m. the Board of Supervisors went into
Executive Session pursuant to a vote taken at 5:27 p.m.
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
A-040996-6
At 7:49 p.m.,
Supervisor Johnson moved to return to
open session and adopt the certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Johnson
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 040996-6 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virg~Tlia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only publi9 business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
April 9, 1996
245
- ~- .-"
.
-
On motion of
certification Resolution,
vote:
Supervisor Johnson to adopt the
and carried by the following recorded
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Minnix, Harrison, Johnson
None
Supervisor Nickens
IN RE:
ADJOURNMENT
At 7:50 p.m., Supervisor Johnson declared the meeting
adjourned to Thursday, April 11, 1996, at 3:00 p.m. for a budget
work session. The motion carried by a unanimous voice vote.
Submitted by, Approved by,
Yr)~ ~ ~ ¿L.¿.c,)
Mary H. Allen, CMC
Clerk to the Board
246
April 9, 1996
-
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