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12/12/1995 - Regular ~ I I ~ December 12. 1995 m Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 12, 1995 The Board of Supervisors of Roanoke county, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the only regularly scheduled meeting of the month of December, 1995. IN RE: JOINT WORK SESSION WITH SCHOOL BOARD The Board convened in a work session at 2: 15 p.m. with Supervisor Nickens absent. Mr. Jerry Canada, Chairman of the School Board, the other members of the School Board, and Dr. Gordon, School Superintendent, were present. Mr. Hodge advised that the objective of this work session is to reach agreement concerning the proposed school capital improvements and bond issue package. Mr. Canada advised that the School Board was requesting that: ( 1) a general obligation bond referendum be held on April 2, 1996 or April 9, 1996; (2) the total amount of $39,758,195 to be financed now includes $33,638,400 for a new high school instead of the cap of $30,000,000; an increase of $319,795 in the amount for Northside High School gymnasium and classrooms; the addition of $150,000 for architectural ~ II"'" 822 December 12, 1995 þ and engineering work at William Bryd Middle School; and the other projects previously included; and (3) approved the eight points in the document entitled "Assumptions for the School Capital Bond Projections" dated December 11, 1995. During the discussion, Supervisor Eddy requested and it was approved by consensus that $150,000 for architectural and engineering work at Oak Grove Elementary School be added to the bond project. It was also pointed out that the bond package will be reduced by $2.5 million since these funds have already ~een borrowed. By a show of hands, there was unanimous consent by the Board of Supervisors and the School Board to proceed with requesting a bond referendum on AP~il 2, 1996 in an amount not to exceed $37,4aO,195 and I which included an additional $150,000 for Oak Grove Elementary School. Mr. Mahoney advised that the School Board should approve an amended resolution to include the additional $150,000 for Oak Grove Elementary School. Mr. Frank Thomas moved that the School Board adopt the resolution ainended to reflect the additional $150,000 for Oak Grove Elementary School. The motion was seconded by Mr. Leggett and carried by unanimous vote. At 3: 00 p.m., Chairman Minnix declared a recess for the supervisors to start the Supervisors' scheduled meeting. Board continued to meet. The School IN RE: CALL TO ORDER I Chairman Minnix called the meeting to order at 3: 05 p.m. :_' I ~ ~ I I ~ December 12, 1995 823 The roll call was taken. KEHBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. Kohinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson MEMBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy 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 Bryan D. Oldham, Windsor Hills United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added the following items: (1) request to approve a raffle permi t for Glenvar High PTSA to consent agenda; and (2) request to approve a resolution requesting a bond referendum on April 2, 1996 for school capital projects. Chairman Minnix announced that several public hearings were being deferred or withdrawn. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Resolution of Appreciation to Edward G. Kohinke, Sr. for his service on the Roanoke county Board of Supervisors. R-12129S-1 ,,' ", , ~ ~- H ....I II""" 824 December 12, 1995 þ Chairman Minnix expressed appreciation for supervisor Kohinke's service during the past four years and presented him with a resolution and plaque. supervisor Kohinke expressed his appreciation to the other members of the Board, Mr. Hodge, Mr. Mahoney, and the County staff for their assistance during his term of office. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 121295-1 OF APPRECIATION TO EDWARD G. KOHINKE, SR. FOR HIS SERVICES AS A MEMBER FROM 1992 TO 1995 AND AS VICE CHAIRMAN OF THE ROANOKE COUNTY BOARD OF SUPERVISORS FOR 1992, 1994 and 1995 I WHEREAS, Edward G. Kohinke, Sr. was first elected to the Board of Supervisors of Roanoke County from the Catawba Magisterial District in 1991, and WHEREAS, Mr. Kohinke served the County of Roanoke tirelessly and selflessly for a period of four years, devoting many hours to the business of Roanoke County both as a member of the Board of Supervisors, and as its vice Chairman in 1992, 1994 and 1995, and WHEREAS during his term, Mr. Kohinke served with distinction on the Audit committee, and the Fifth Planning District , Commission, and WHEREAS Mr. Kohinke's other activities included, membership on the New Century Council, a charter member of the Roanoke County Explore Advisory Committee, and former President and Vice President of the Mason Cove civic Club, and WHEREAS during his term, he was designated the first rural I landowner in Roanoke County to be accepted into the Stewardship Forest Program. l ~ I I ~ December 12, 1995 825 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of all its citizens, does hereby extend its gratitude and appreciation to EDWARD G. KOHINKE, SR. for his many significant contributions to the County as Member and Vice Chairman of the Board of Supervisors; and FURTHER, the Board of Supervisors wishes Mr. Kohinke continued success in his future endeavors. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens ~ Resolution of Appreciation upon the retirement of Robert Lipes, social Services Department. R-121295-2 Chairman Minnix expressed appreciation to Mr. Lipes and presented him with a resolution. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 121295-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROBERT S. LIPES FOR OVER TWENTY-EIGHT YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, Robert S. Lipes was first employed on December 1, 1967 as a Social Worker in the Social Services Department; and WHEREAS, Mr. Lipes has also served as Senior Employment Services Worker; and WHEREAS, Mr. Lipes assisted in the development of the ~ II""" 826 December 12, 1995 þ Employment Service Program; and WHEREAS, Mr. Lipes, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ROBERT S. LIPES for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, KOhinke, Eddy, Minnix None Supervisor Nickens I IN RE: BRIEFINGS h Briefina on the Roanoke Valley Conceptual Greenway Plan. (Fifth Plannina District commission) Ms. Lucy Ellett, Chair of the Roanoke Valley Greenways/Open Space steering Committee, advised that members of this committee were appointed by the Valley governments to work with the Fifth Planning District Commission to develop a proposal for greenways corridors and a pilot proj ect. She advised that the local governments provided funding for the consultants as well as staff assistance. The steering committee held a series of three public workshops during June, July, and August, and came up with the proposed plan. She advised ,that completion of the Roanoke Valley system will be dependent upon the I commitment of local governments, the development community, and l ~ I I ~ December 12, 1995 827 citizen advocacy. Ms. Helen Symthers, Chief of Community Planning for the Fifth Planning District Commission, commented that the plan was put together by over 300 people. She described the various components of the conceptual plan and the pilot project as detailed on the map which she displayed. IN RE: NEW BUSINESS h Approval of fundina for a storm water manaaement ~roaram for sinale-fami1v residential subdivisions under the provisions of the Public Works Improvement Ordinance 112288~7. (Paul Mahonev, County Attornev) A-121295-3 Mr. Mahoney advised that staff is attempting to fulfil the Board's direction at the September 26, 1995 meeting and the staff's recommendations are (1) that the Board establish the minimum number of storm water facilities at 15 for approximately 400 to 500 lots before implementation of the storm water management program and maintenance of these facilities would actually begin; and (2) that the Board approve the attached guidelines for maintenance fees in single family subdivision. These guidelines are based upon estimates at this time and will be altered at a later time as necessary. Supervisor Eddy advised that he disagreed with the concept approved at the September 26, 1995 meeting, and asked how the owners would be billed for the service. Mr. Mahoney advised that staff '~ II"'" 828 December 12, 1995 þ recommends funding the program using the special assessment procedure which will result in an increase in individual property owner's real estate tax bills. Another method would be to have it done on a contractual basis between the homeowners' association and the County. Supervisor Eddy advised that he felt that this is a community responsibility and residential detention ponds should be taken over by the County at no special charge to the residents affected. Mr. Mahoney advised that the Board had already approved the methodology at the November 21, 1995 meeting· to use the public works improvement ordinance with the recommendation for funding without using the general fund. There was extensive discussion on the I methodology for funding of the program with supervisor Eddy opposed and Supervisor Johnson supporting the special assessment process. Supervisor Johnson moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYs: Supervisor Eddy ABSENT: Supervisor Nickens ~ Reauest for fundina and report on the Comprehensive Plan. (Terrv Harrinaton, Director of Plannina , Zoning) A-121295-4 . Mr. Harrington advised that Roanoke County has just I. completed the first phase of its 1995 comprehensive planning process, l: ~ 1 December 12, 1995 829 the vision proc.ess. The intent of the Comprehensive Plan is to provide a clear framework for the future development of Roanoke County using short and long range land use development decisions and promoting ¿onsistency in publicly accepted goals, objectives and strategies to guide actions. Obtaining effective proactive community involvement requires significant amounts of staff time and resources. The work plan has several major components which are linkages to the current comprehensive plan and visions report and citizen participation and input. He explained several different alternatives but staff's recommendations are: (1) that a new full time permanent employee be authorized and funding I allocated for the remaining months of the current FY 95/96 budget; (2 ) a second full time current employee be approved as part of the FY 96/97 year; and (3 ) approval of $19,166 to cover salary, I benefits, and capital start-up costs for the remainder of FY 95/96 and $10,000 in operational funding over the next six months, with total cost being $29,166. He advised that if these recommendations are approved, the plan could be completed by July, 1997. Supervisor Minnix moved to approve the staff recommendations as presented with no increase in County staff. The motion was withdrawn with no vote. Supervisor Eddy moved to approve the staff recommendations as presented. The motion carried by the following recorded vote: ... AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Minnix None ... ~ ,... 830 December 12, 1995 I ABSENT: Supervisor Nickens ~ Reauest for Approval of the 1996 Leaislative Proqram. (Paul Mahoney, ,County Attornev) R-121295-S Mr. Mahoney advised that there are twelve items listed in the resolution for the legislative program to be submitted to the Virginia General~Assembly. He advised that the item dealing with the Virginia retirement System rate increases was included because if the Governor chooses options that require additional funding to be appropriated for the VRS cost of living allowances, the General Assembly would come back to the localities to make up the difference. I He asked whether or not the Board would like to delete this item or any other items in the draft resolution. Supervisor Johnson advised that he preferred to leave the VRS item in the resolution. Supervisor Eddy advised that he preferred to delete it and if the Governor's actions causes additional funding, to take action at that time. Supervisor Eddy requested that the Board go on record as favoring a change in the state law to give taxing authority to the School Board. Mr. Mahoney advised that there is a study commission looking at that issue. Supervisor Johnson advised that this would require a change in the state constitution. There was no consensus to add this to the legislative program. II It was the consensus of the Board to add a request for a change to the County charter to treat chartered counties. the same as ~ 1 I 1 ~ December 12, 1995 831 cities regarding annexation. Mr. Mahoney advised that an advertised public hearing for a charter change would have to be held between now and January 10, 1996 which is the opening day of the General Assembly and when a charter bill has to be filed. Supervisor Eddy moved to adopt the resolution and approve the legislative pOlicy with Paragraph L (VRS rates inèreases) deleted entirely, and Paragraph M added (amendment to Charter to limit annexation by other jurisdictions). The motion resulted in a tie vote recorded as follows: AYES: Supervisors Eddy, Minnix NAYS: supervisors Johnson, Kohinke ABSENT: Supervisor Nickens In response to Supervisor Johnson's inquiry, Mr. Mahoney advised that another motion could be considereQ and any challenge to that motion would be resolved by the Chairman. Supervisor Johnson moved to adopt the resolution including Paragraph L and Paragraph M with advertised public hearing set for January 2, 1996 to consider a Charter amendment. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix NAYS: Supervisor Eddy ABSENT: Supervisor Nickens Mr. Mahoney advised that he would draft the charter amendment and schedule the public hearing for January 2, 1996. ~ II"'" 832 December 12, 1995 þ RESOLUTION 121295-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 1996 SESSION OF TH~ VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, on June 27, 1995, Roanoke county, Virginia, identified state-wide concern to be considered Virginia General Assembly; and the Board of Supervisors of major legislative issues of by the 1996 session of. the WHEREAS, the Board has recommended these issues to its state-wide organization, the Virginia Association of counties, for consideration in the adoption of its legislative program; and WHEREAS, the Board adopts this resolution as the Legislative Program for Roanoke County for the 1996 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of supervisors of Roanoke County, Virginia, that the following legislative initia- tives are submitted to- the 1996 session of the Virginia General Assembly for its favorable consideration and adoption. I I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) public education, Literary Fund for projects. The General Assembly should enhance funding for including increasing the funds available to the local school capi tal construction or renovation 2) Local school divisions should be authorized to establish opening dates for school. ,3) Dispari ty funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. 4) Roanoke County opposes the adoption of SJR 379 (Constitutional amendment) which would remove the discretionary power 1 l ~ I 1 ~ Decemoer 12, 1995 833 of a local school board with respect to fact-finding panel decisions in personnel matters. This legislation would make the panel's decision final and binding. B. Roanoke County supports legislation amending the heart/lung/cancer presumption statute for Workers' Compensation to restore balance to the rebuttal process. compensability shall be determined by establishing whether work or non-work related risk factors (life-style choices such as smoking, poor nutritional habits, lack of exercise, or obesity, or non-work related stress and familial history) are more likely the primary cause of the medical condition. In addition, Roanoke County opposes any further expansion of this statute. C. Roanoke County supports legislation relieving local governments of the responsibility of meeting recycling rates on all wastes collected by private haulers and diverted from waste disposal facilities identified to receive such wastes as set out in the local solid waste management plan. This legislation should also require that private haulers diverting such wastes be held accountable and responsible to meeting the same recycling rates and requirements as the local governments. Section 10.1-1411 imposes a 25% recycling mandate on local governments. The 1995 session of the General Assembly adopted the Waste Hauler Displacement Bill which severely limited the ability of local governments to regulate the flow of waste. This proposal would relieve local governments of the responsibility of meeting this recycling mandate on all wastes collected by private haulers. It would also require that private haulers be subject to the same recycling mandates as local governments. D. Urban partnership. Roanoke County supports efforts of the Urban Partnership to enhance the economic vitality and competitiveness of the various regions throughout the Commonwealth. Reversing the decay of our urban areas is critical to our future. Roanoke County SUDDorts the establishment of financial incentives to reward regional cooperation and the revitalization of neighborhood programs to encourage residential and commercial development. Roanoke County ODDoses any legislation which would alter local governmental structures and processes. E. Roanoke County opposes the elimination of the authority of local governments to adopt a local license tax on businesses, trades, professions, occupations, and callings (BPOL). F. Roanoke County supports additional maintenance funding for the Virginia Department of Transportation for secondary and primary roads. This additional maintenance funding shall be used for - ,.-.-.. ~ II"'" 834 December 12, 1995 þ an expanded program to mow grass and weeds, and inspect and clean drainage pipes and culverts. G. Roanoke County requests the amendment of Section 58.1- 3813 (local tax for enhanced emergency telephone service, E9ll) to specifically authorize the expenditure of funds derived from this special tax for radios and other communication devices, mobile computer data terminals, and other ancillary equipment for E911 emergency telephone systems. H. Roanoke County supports continued state funding for Virginia's Explore Park. I. Roanoke County supports allowing the disposal of land clearing debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. J. Roanoke County supports legislation amending Section 14.1-46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. K. Roanoke County supports continued and increased funding I for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, and the Family Preservation Act. L. VRS rates increases. Last year the General Assembly approved an annual 3% cost of living increase for certain retirees. Pre funding these cost of living allowances (COLA) for retirees will have a significant impact upon Roanoke' county. VRS has submitted three policy options for the Governor's consideration in establishing the 1996-98 employer contribution rates. These options are (1) con:tinue the current pay-as-you-go policy (requiring unfunded liability disclosure on the County's financial statements), (2) partial prefunding of the COLA (estimated Roanoke county and Roanoke County school cost of $1 million in 1996-97 budget), and (3) full pre funding of the COLA (estimated Roanoke County and Roanoke County school cost of $2.5 million in the 1996-97 budget). Roanoke County requests the General Assembly and the Governor to choose Option No.2. M. Roanoke county supports legislation which would treat chartered counties as municipalities for purposes of all annexations. II. That· the Clerk to the Board of· Supervisors is directed to send a certified copy of this resolution to the members of the General Assembly representing the Roanoke Valley, to the Clerk's of the House 1 of Delegates and the Senate of the General Assembly, and to the Town Council of the Town of Vinton, city Councils of the City of Salem and ~" ..... k· ~ 1 1 ~ December 12, 1995 835 the City of Roanoke, and the Boards of Supervisors of the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and Montgomery counties. On motion of Supervisor Johnson to adopt the resolution including paragraph L and advertise public hearing for 1/2/96 to consider charter amendment, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Minnix Supervisor Eddy Supervisor Nickens .L.. Reauest for appropriation of $1,000 for dues in the International Municipal Cooperation Committee of Roanoke, virainia. Inc. (IMCC) operatina as Roanoke Valley sister cities. (Don Mvers, Assistant county Administrator) A-121295-6 Mr. Myers advised that in accepting membership in the IMCC, the County agreed to pay dues of $500, plus $500 for each sister City relationship established by the County, and he is requesting that $1,000 be appropriated from the Board contingency Fund. Of this amount, $500 will be set aside for activities related to the City of Opole, Poland. Mr. David Lisk, coordinator, Roanoke Valley sister Cities, was present. Supervisor Johnson moved to the staff approve recommendation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ II"'" 836 December 12, 1995 þ h Reauest for appropriation of $4.000 to Virainia Municipal Leaaue for use durina state Corporation commission investiaation of the restructurina of the electric utility industry. (Diane Hvatt, Finance Director) A-121295-7 Ms. Hyatt advised that the VML/VACo Appalachian Power Company Steering Company has been very useful in negotiating reductions in electric service changes tQ local government. Currently the state Corporation Commission is planning an investigation regarding the restructuring of and competition in the electric utility I industry. VML has agreed to serve as fiscal agent and Roanoke County has been assessed $4,000 as its share of funding for this program. She recommended appropriating $4,000 from the Board Contingency Fund to protect the interest of local government. Supervisor Eddy moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Recommendation of denial of reauest for a binao permit from the Roanoke Moose Lodae #284 for calendar year 1996. ¡Wayne comnton, Commissioner of Revenue) ill advised that he recommended denying the bingo Mr. Compton l ~ 1 1 ~ December 12, 19~5 837 permit for the Roanoke Moose Lodge #284 for calendar year 1996 because according to the financial report submitted to his office for the bingo permit for calendar year 1995, they did not comply fully with the provisions of the County Code. Mr. Compton expressed several concerns and questioned whether the Moose Lodge utilized 12.5% of the bingo gross proceeds for charitable purposes as is required. Chairman Minnix suggested that this item be deferred until he could contact the Commonwealth Attorney for direction. Supervisor Johnson moved to postpone the item until the January 9, 1996 meeting. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens ~ Approval of Resolution reauestina the circuit Court of Roanoke county to order a special election (referendum) on the auestion of issuina qenera1 obliaation bonds in the maximum amount of $37,408,195 for the purpose of financina various capital pro; ects for public school purposes. (Dr. Gordon, School Administrator, and Jerry Canada, Chair, School Board) R-121295-8 Dr. Gordon gave an overview of the projected school capital improvements and suggested April 2, 1996 as the date for a referendum. .,.~ ~ II"'" 838 December 12, 1995 þ Mr. Canada advised that the total for the requested school capi tal improvements would be $39,908,195, but only $37,408,195 is necessary in the bond package because the $2.5 million appropriated for Cave Spring Junior High School will be applied to the projects. Mr. Hodge advised that the school administration will devise an informational program to get the necessary facts to the public before the referendum. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens II RESOLUTION 121295-8 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER A SPECIAL ELECTION ON APRIL 2, 1996 ON THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS IN THE MAXIMUM AMOUNT OF $37,408,195 FOR THE PURPOSE OF FINANCING VARIOUS CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES WHEREAS, the Board of Supervisors (the "Board") of Roanoke County , Virginia (the "County") has determined that it is advisable to contract a debt and to issue general obligation bonds of the County in the maximum amount of $37,408,195 for the purpose of financing various capital projects for public school purposes consisting primarily of the following projects in the following maximum amounts: (I) $800,000 for the purpose of financing improvements to the Mount Pleasant elementary School; (ii) $2,819,795 for the purpose of financing improvements, including the addition of a gymnasium, auditorium, and classrooms to Northside Middle School; (iii) $1,000,000 for the purpose of financing improvements to the Glenvar Middle/High School; (iv) $1,000,000 for various technology improvements, (v) $150,000 for the purpose of financing architectural and engineering work at William Byrd Middle School, (vi) $150,000 for the purpose of architectural and engineering work at Oak Grove Elementary School, (vii) $350,000 for issuance costs, and (viii) $31,138,400 for the purpose of financing the construction of a new high school in the southwestern part of the County, all as described I, l - ~ I 1 ~ December 12, 1995 839 below; WHEREAS, pursuant to the authority granted by the Public Finance Act of 1991, Chapter 5.1, Title 15.1, code of Virginia of 1950, as amended ("Act") th~ Board proposes to call a special election to . take the sense of the qualified. voters of the County on the following question regarding the issuance of such general obligation bonds; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The board hereby determines that it is advisable to contract a debt and to issue general obligation bonds of the County in the amount and for the purposes set forth below. 2. The Board hereby requests the Circuit Court of Roanoke county, Virginia to order a special election on April 2, 1996 on the following question pursuant to sections 15.1-227.12 and 15.1-227.13 of the Act, provided that such date is at least sixty (60) days after the date on which the Court enters its order. The question on the ballot shall be in substantially the following form: Special Election April 2, 1996 QUESTION: Shall Roanoke County, Virginia contract a debt and issue its general obligation bonds in the maximum amount of Thirty Seven Million, Four Hundred and Eight Thousand, One Hundred Ninety Five Dollars ($37,408,195) for the purpose of paying the costs, in whole or in part, of the acquisition, construction, renovation and equipping of various capital projects for public school purposes? Yes No 3. The County Attorney is instructed to file a certified copy of this Resolution with the Circuit Court of Roanoke County, Virginia. 4. This Resolution shall take effect immediately. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Minnix None ~ .'-. ",,,..,-. II"'" 840 December 12, 1995 þ ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS h Reauest for Board of su~ervisors Retreat in January, 1996. It was the consensus of the Board to hold a staff retreat on Saturday and Sunday, January 6 and 7, 1996, and that Mr. Hodge will invite the constitutional officers. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading of the I ordinance and set the second reading and public hearing on January 24, 1996. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Ordinance to rezone .7 acre from R-3 to C-2 in order to construct a locksmith and commercial lease space, located at the intersection of Williamson Road and Commander Drive, Hollins Maaisterial District, UÐon the petition of the Roanoke County Plannina Commission. IN RE: SECOND READING OF ORDINANCES h Ordinance authorizina the acauisition of necessary easements for property to construct the North Transmission Line. (Gary Robertson, utility Director) 1 0-121295-9 l ~ I 1 ~ December 12, 1995 8Al There was no presentation from staff, no discussion, and no citizens requesting to speak on this item. Supervisor Minnix moved to adopt the, ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-9 FOR AUTHORIZATION TO ACQUIRE NECESSARY EASEMENTS AND PROPERTY TO CONSTRUCT THE NORTH TRANSMISSION LINE WHEREAS, location plans for the North Transmission Line Project have been completed and the project will require acquisition of easements across certain properties; and WHEREAS, said easements are to be acquired to facilitate any future construction of the water line project; and WHEREAS, section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on November 21, 1995, and the second reading was held on December 12, 1995. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of the necessary easements for the North Transmission Line Project is hereby authorized across the following properties, referenced by tax map number, from the following property owners, their successors or assigns: TAX MAP NO. 35.03-2-21 35.03-2-25 35.03-2-24 35.03-2-23 35.03-2-22 35.03-1~24 35.03-1-25 35.03-1-26 ß,Š .-0"3 -1-27 PROPERTY OWNER Ben A. & Jennie P. Alley David J. Luzzi Paul C. & Snowa Lockhart Glenn Ray Eubank Eddie W. & Betty H. Taylor J. L. & Suzanne Reynolds A. C. & B. C. Gearhart Roy L. & Lucille Reynolds Mark B. Rea ~ II"'" 842 December 12, 1995 þ 35.03-1-29 35.03-1-39 35.04-3-32 45.01-1-79 45.01-1-78 45.01-1-77 35.03-3-1.1 35.03-3-1. 2 35.03-3-1.10 35.03-3-4 35.03-3-5 35.03-3-6 35.03-3-6.1 35.03-3-7 35.03-3-8 35.03-3-9 35.03-3-10 35.03-3-11 35.03-3-12 35.03-3-13 35.03-2-79 35.03-2-69 35.03-2-68 35.03-2-72 35.03-2-62 35.03-2-59 35.03-2-60 35.03-2-61 35.03-2-50 35.03-2-49 35.03-2-47 35.03-2-46 35.03-2-45 35.03-2-44 35.03-2-48 35.03-2-51 44.02-2-4 44.02-2-4.1 44.02-2-3 44.02-2-2 44.02-2-1 44.02-1-51 44.02-1-50 44.02-1-49 44.02-1-42 44.02-1-48 44.02-1-47 44.02-1-46 44.02-1-44 william H. & Joyce S. May W. W., Jr. & V. Brown Roanoke College B. G., Jr. & C. S. Hodges R. M., Jr. & M. G. Peery Kathleen Francisco Barbara Ann Guthrie Jack H. Guthrie Mildred G. Arnold A.&B. Marsh c/Teresa Geneva Craighead Geneva Craighead Ethel R. Tickle Richard A. Marsh Fergie D. & Norris Barnett William R. & Carol McGuire Rodney L. & Mary R. Webb David L. & Ann M. Chandler Lewis L. & Judy B. Long Lewis L. Long Adele L. Anderson S. D. & C. L. Mussleman Jerry W. and Gale R. Hodge Bobby L. & Karen Ferguson Benson & Peggy J. Cook Benjamin H. Tingler, Sr. James E. & Terri N. Payne Carolyn L. & Lloyd M. Jarvis Benjamin H. Tingler, Sr. B. H. & D. S. Tingler John, Jr. & Mary F. Tingler John, Jr. & Mary F. Tingler John, Jr. & Mary F. Tingler B. H. & D. S. Tingler Herbert E. & Fannie Crum Florence K. & Penna Logan M. G. & Teresa Birmingham Garland R. & Debra Wood Dewey Carpenter Warren M. & Mary O. Long Louise D. Hall Mary E. Crowe Mary E. Crowe Gwen M. Crowe Lela H. Palmer Nora M. Evers Nora M. Evers Ronald L. Shaver Don Rodney Lawrence ~ .., .. l I 1 ~ ~ December 12, 1995 843 I 44.02-1-43 44.02-1-40 44.02-1-39 44.02-1-38 44.02-1-37 44.02-1-21 44.02-1-20 44.02-1-19 44.02-1-18 44.02-1-18.1 44.02-1-13 44.02-1-12 44.02-1-11 44.02-1-10 44.02-1-9 44.02-1-8 44.02-1-5 44.02-1-4 44.02-1-3 44.02-1-1 45.01-1-80 34.00-1-3 34.00-1-3.1 44.00-1-18 44.03-5-50 44.03-5-49 44.03-5-48 44.00-2-1 44.00-2-2 44.00-2-3 44.00-2-4 44.00-2-5 44.00-2-6 44.00-2-7 44.00-2-8 44.00-1-19 44.00-1-16 44.00-1-17 44.00-1-14 44.00-1-13.2 44.00-1-12 44.00-1-11 44.00-1-10 44.00-1-6 44.00-1-5 '. 44.00-1-4 44.00-1-3 44.00-1-1 44.00-2-9 Elsie H. Lawrence Curtis Lafayette Lawrence C. Rodney Lawrence Hugh L. & Lucille R. Meador wildwood Grace Breth. Ch. Cheryl B. stockton wildwood Grace Breth. Ch. Paul R. & Ruth Snead James M., Jr. & T. Carroll James D.' & Susan Carroll Joseph Van Buren Harrison Lewis E. & Bessie Kanode Robert William staton C. F., III & Rebecca Frazier C. F., III & Rebecca Frazier J. 0., Jr. & E. R. Nunley F. J., Jr~ & N. J. Francisco Allen B.& Kathleen Turner W. E. & Lorene Slusher Bruce E. & Sandra S. Booth Marie K. Harwood Verlin W. & Frances J. Wygal Thomas H. & Emily C. Field Pry, Inc. Clayton & Gerald Smart Timothy A. & Mary Rogers Darrell L. & Glenna Hungat Donald K. & Hilda J. Slone James R. & Vickie M. Craig Jerry & Judy Grubb Harden L. & Linda W. Davis Donald L. & Ramona T. Turman John & Sherry Milliron John & Jane East C. C. E. Ltd. Charles R. Goad J. M. & Jane East, Et Als J. L. (III) & Linda Reynolds F. R. (Jr.) & K. A. Carroll Larry J. Conner Ercil H. & Christine Poff Fred D. & Nancy E. Russell Charles P. Dooley W.M. Wolf & Ellen Coleman W.M. Wolf & Ellen Coleman Harmon Daniel Pollock, Jr. Larry J. & Marilyn Francisco David L. & Bonnie Spangler R. M. & Charlene Lester 1 .. ~ II"'" 844 December 12, 1995 þ 44.00-3-10 44.04-2-67 44.04-2-58 44.04-2-50.1 44.04-2-60 44.04-2-59 44.04-2-53 44.04-2-54 44.04-2-50 44.04-2-51 44.04-2-52 44.04-2-18 44.04-2-17 44.02-2-27 44.02-2-27.1 44.02-2-24 44.02-2-24.1 44.02-2-24.2 44.02-2-24.3 44.02-2-20 44.02-2-19 44.02-2-17 44.02-2-18 44.02-2-15 44.02-2-14.1 44.02-2-10 44.02-2-9 44.02-2-9.1 44.02-2-11.2 44.02-2-7 44.02-2.-6.1 44.02-2-6 44.03-7-17 44.03-7-18 44.03-7-19 44.03-7-19.1 44.03-7-20 44.03-7-21.1 44.03-7-22 44.03-7-23 44.03-7-24 44.03-6-25 44.03-6-24 44.03-6-26 44.03-6-21 44.03-6-19 44.03-6-18 44.03-6-17 44.03-6-16 Russell J. & Linda Duncan Gerald S. & Linda G. Holt Leonard D. Wright Russell J. & Linda R. Duncan' Charles F., Jr. & Agnes Lovelace George Law Owne & Martha Law Leonard A. Wright Marion D. & Mary L. Furrow Salem Free Penacostal Ch. Richard L. & Cheryl Wood Deborah J. L. Blankenship Herman T., Jr. & Shelby D. Hill Jeannie L. Hill James S. & Robin L. Watts James S. & Robin L. Watts James S. & Robin L. Watts James S. & Robin L. Watts John T. Halsey John T. Halsey Jeffrey B. & Robin A. Martin Jeffrey. B. & Robin A. Martin Ricky E. & Brenda C. King Tillow C. & C. A. Dishon R. Franklin, III & Julie Hough William & Donna Williams Lionel M. & Sylviane Anes Karla Alisa Carroll Rebecca Kiser K. E. & Norma Widener Norma Widener Mary L. Hull E. W. & Virginia B. Barton Juanita D. Wickham Mark & Juanita D. Wickham Ralph L. & Margaret Riggs B. J. & Connie Wilkinson Ralph & Eloise T. Murray Church of God of Prophecy Connie & Barbara Croy G. B. Barton Orville C. & Ruby Jacobs Bonnie M. Smith Helen Brumfield Eugene C. & Cerl Eastridge Cline A. & Mary R. Conner Mary J. Booher Mary J. Booher 1 1 ~ ~ ,- I' i 1 ! r I" I ,I ¡ '"I~ .>-. - .~~ ) 'I 'i-. "'I11III December 12, 1995 845 44.03-6-15 44.03-5-22 44.03-5-23 44.03-5-24 44.03-5-25 44.03-5-52 44.03-5-51 54.04-7-48 54.04-3-1 54.02-4-3 54.02-4-2 54.02-4-1 54.02-3-38 54.02-2-59 54.02-2-60 54.02-1-2 54.02-1-3 54.02-1-4 43.00-1-26 55.01-1-58 55.01-1-57 55.01-1-56 55.01-1-55 44.03-7-16 35.04-3-30 35.04-3-22 35.04-3-21 35.04-3-59 35.04-3-60 35.04-3-20 35.04-3-19 35.04-3-15 35.04-3-61 35.04-3-60.2 35.00-1-31 35.00-1-31.1 35.00-1-28 35.00-1-27 35.04-1-44 35.04-1-46 35.04-1-29 35.04-1-28 35.04-1-27 35.04-1-21 35.04-1-22 35.04-1-47 stover W. Carter Cline A. & Mary R. Conner Kenis M. Waldron Brenda C. Perdue, Et Als Alvin C. & Judith C. Waldron Mava D. & Pamela Wingate B. D. & Kathy Montgomery Robert A. Woolwine Christian Life Fellowship Roanoke County Schools Roanoke County Schools Roanoke County Schools Arthur & Joan Price J. R. Tomlinson J. R. Tomlinson R. A. & Charlotte Gravely Jurl Sykes Hazel H. Basham Howard D. Ulrey Alfred & Alma Hagee Ronald E. Webb Alfred & Alma Hagee Lee & ,Rebecca Lineberry John G. & Hazel S. Hull J. Spencer Frantz James S. Frantz, Jr. James S. Frantz, Jr. Roanoke College Investment J. Spencer Frantz, EtAls Margaret D. Logan Virginia Brogan E. W. & Judy Johnson· Bethel Assembly of God Roanoke College Investment J. Spencer Frantz, EtAls J. Spencer Frantz J. Spencer Frantz John Robert Carlton, Jr. Eunice F. Pugh Virgil L. Frantz, Jr., EtAl Henry A. & Hazel M. Lester Lyle E. & Donna Stansbury J. Marshall & Cleo M. Oliver Martha-B. & Judy H. Richards Terry L. Wainwright Virgil L. Frantz, Jr., EtAl 2. That the consideration for each easement acquisition shall not exceed a value equal to 40% of the current tax assessment ~ II""" 846 December 12, 1995 þ for the property to be acquired plus the cost of actual damages, if any; and 3. That the consideration for each easement shall be paid from the North Transmission Line Project funds from the 1991 Water Revenue Bonds; and 4. That the county Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the ·County Attorney. On motion of Supervisor Minnix to adopt the ordinance and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ Ordinance authorizina conveyance of easements to I Appalachian Power Company for underaround and overhead electric service across property off Suaar Loaf Mountain Road. (Paul Mahonev, County Attornev) 0-121295-10 Mr. Mahoney advised that no changes have been made since the first reading of the ordinance. In response to Supervisor Eddy's inquiry about the proposed installation of a guard rail on Sugar Loaf Mountain Road, Mr. Jeff Echols, Resident Engineer, Virginia Department of Transportation, and Ms. Vickie Huffman, Assistant County Attorney, advised that the impact would be limited and there was no reason to defer this action. Supervisor Eddy moved to adopt the resolution. The motion 1 carried by the following recorded vote: l ~ I 1 ~ December 12, 1995 847 AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-10 AUTHORIZING CONVEYANCE OF EASEMENTS TO APPALACHIAN POWER COMPANY FOR UNDERGROUND AND OVERHEAD ELECTRIC SERVICE ACROSS A PORTION OF PROPERTY OFF SUGAR LOAF MOUNTAIN ROAD OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the Board of Supervisors of Roanoke County is the owner of property off Sugar Loaf Mountain Road, designated on the Roanoke County Land Records as Tax Map No. 76.01-1-27, in the Windsor Hills Magisterial District; and, WHEREAS, in order to provide service to the Longridge Subdivision, Appalachian Power Company (APCO) requires easements for underground and overhead facilities on County property; and, WHEREAS, the proposed undergróund and overhead easements do not conflict with the use of the property" NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 21, 1995; and a second reading was held on December 12, 1995; and 2. That pursuant to the provlsl0ns of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service to Roanoke County residences; and 3. That APCO' s offer to purchase the easement for One Dollar ($1.00) is hereby accepted and the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 4. That the County Administrator is hereby authorized to convey underground and overhead electric line easements, each fifteen feet (15' ) in width, as shown on APCO Drawing No. R-3156, dated ~ II"'" 848 December 12, 1995 þ October 3, 1995, across the County's property (Tax Map No. 76.01-1-27) unto Appalachian Power Company; and 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be approved as to form by the County Attorney; and 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, KOhinke, Eddy, Minnix None Supervisor Nickens h A!.. Ordinance amendina portions of section 17-3 "Desian reauirements generallv", Article I. I Appendix B SUbdivision of the Roanoke County code bv providina for certain amendments to the Subdivision street standards: and 0-121295-11 Mr. Arnold Covey, Director of Engineering & Inspections, advised that no changes have been made since the first reading and asked for approval in two actions; one to adopt the ordinance and another to adopt the resolution. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None 1 ABSENT: Supervisor Nickens h ~t'· r..;:. ,~, ~ I 1 ~ December 12, 1995 849 ORDINANCE 121295-11 AMENDING AND REENACTING SECTION 17-3. · DESIGN REQUIREMENTS GENERALLY· OF APPENDIX B, SUBDIVISIONS OF THE ROANOKE COUNTY CODE BY PROVIDING FOR CERTAIN AMENDMENTS TO SUBDIVISION STREET STANDARDS WHEREAS, the adoption of this ordinance is authorized by Chapter 11 , Article 7 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading and public hearing of this ordinance was held on November 21, 1995; and the second reading was held on December 12, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 17-3, "Design requirements generally" of Appendix B, Subdivisions, of the Roanoke County Code be, and it hereby is, amended and reenacted to read and provide as follows: ARTICLE I. IN GENERAL * * * * Sec. 17-3. Design requirements generally. (a) The owner or proprietor of a subdivision shall observe and. comply with the fOllowing general requirements and principles of land subdivision in preparing the preliminary' and final subdivision plats: (1) The plat shall conform to the adopted master plan or one or more parts, sections, or divisions thereof, of the county, if one exists. (2) All streets which are designated as part of the major highway system on such master plan or part, division or section thereof, shall be coordinated with adjoining links in the system and at the same or greater widths. __W~ street plaH of the COUHty, 1ri-'nerc such plaH has beeH approved by the legialative body of the COUHty, and HO street shall have a width of lcss thaH fifty (SO) feet (3) ~ II""" 850 December 12, 1995 þ betyeen property linea. The setback or building line shall conform with the requirements of the zoning regulations of the county for the district in which the subdivision is located. Where RO such aetbac}{ or building liRe requirements exiat, a minimum setbac]{ of twcnty five (25) feet ohall be required in all cases. Where a street is fifty (50) feet \;ide the setbac){ or building line 3hall be thirty (30) feet to permit future wideniRg of such strcet. ( 4 ) Courts, for cul de 3aC3, where permitted, shall not exceed six hundred (600) feet in length and shall not be less than fifty (50) feet \;ide. All dead . end streets shall terminate in a circular right-of~way with a minimum radius 0 f e igh ty ( 00) :~Æ:~!Y8~:!¥I:::::::::::t.:?:g:n feet . .............."..'...,..........."...'...,.,............, (5) As far as practicable all proposed streets shall be continuous and made to connect with existing streets without off-set. (6) Bloc){s, in general, shall not be longer than one I thousand thrce hundred tuenty (1,320) feet nor less than four hundred (400) feet between otreet intersections; provided, that in instances where topography or existing peculiar conditions require it, a longer or shortcr bloc)c may be apprm....ed by the planning commission. (7) All lots, controlled by these regulations, shall front on a public street and shall not extend through to another street; provided, that where existing streets make this regulation impractical the planning commission may waive the same. No lot shall embrace any portion of a street or alley. (8) At street inter:Jections, the property line shall be rounded by an arc having a radius of not less than fifteen (15) fect. Property lines at major street interscctions or at othcr locationo ynere traffic hazards and congestion may be anticipated, shall be deoigned for a radius of not less than twenty (20) feet, or greatcr if deemed neccssary. (9) Side lot lines in general shall be at radial to street lines. right angles or lots at street II (10) Where possible, reverse frontage of intersections shall be avoided. l ~ ~ December 12, 1995 851 (11) Each scparate lot, intcnded or uacd for rcsidcnce purposcs, ohall ha~c a mlnlmum frontagc of sc~cnty (70) fcet, an avcragc rlidth of sevcnty five (75) fcct, an averagc dcpth of not lcaa than one hundrcd forty (140) fcet, and a minimum arca of ninc thousand cight hundred (9,000) oquarc fcct cxcept '¡herc public oc'Wer and ~atcr ocrvicc is providcd. Then cach acparate lot intendcd or uacd for rcsidcntial purposcs shall have a minimum frontage of sixty (60) fect, an avcragc width of ocveRty (70) feet, aR aVeragc depth of Rot less thaR onc hundred t~cnty (120) feet, and a minimum arca of OeVen thousand t~o hundred (7,200) squarc fcet. 1 (12) RcoidcRcc corncr Iota ahall ha·.·c a miRimum width to providc fiftccn (15) feet of aide yard along the oidc otrect in casc no lots wi thin the bloc]c arc arranged to front thcrcoR, or a aidc yard having a miRimum width of twcnty fivc (25) feet if the oide street is used for frontagc; provided, where zoniRg cORtrol is in cffect, thc grcateat width provided in the zORing rcgulations of thc county ahall govern. No corRer lot shàll be resubdi·:idcd to facc aRother strect uRless all establishcd building lineo are observcd on both atrects. (13) Uaj or streeta ohall, iRsofar as possiblc, COR form to the contours to avoid gradca iR cxccsa of scveR (7) pcrceRt, uRlcsa bccausc of special cORditioRs the agcRt permits otherwiae. Uinor atrccta and alleys shall avoid gradcs in cxcess of tcn (10) pcrccnt. No atrcet ahall ha·Jc a miRimum grade of lcs3 thaR 0.4 pcrccnt. 1 (14) Alleya \lith a minimum \ddth of b;CRty (20) feet shall bc providcd at the rear of all lota dcaignatcd for buaiRc3a or indu3trial U3C. Allcya, whcn provided· iR thc rcar of rcaideRtial lota shall not bc less thaR tWCRty (20) fcet ûRd may bc rcquired by thc ageRt wflCR thc Iota arc leaD thaR acvcnty fi"JC (75) fcct widc. Intcrsccting alleys ahall bc providcd with a fiftccR foot radiua at cach corner. EasemeRta at lcaat tCR (10) fect wide, fivc (5) fcct on cach aidc of thc rear or aidclot linca ahall be provided for utilitic3 and draiRagc ~herc necessary. Eascments at lcast tcn (10) fcct widc may bc requircd in, along or adj accnt to natural uatercoursca as draina for sanitary aC·.;era or iiÎÎiíi..,.-'''' ~ II"'" 852 December 12, 1995 þ (15) Monuments of an approved type shall be set by the owner or proprietor of the subdivision as required by the agent and as shown on the final plat. (16) Reserved strips restricting access to streets, alleys, public ways and easements shall not be permitted. (17) Where practicable, intersecting streets shall intersect one as it is practicable the center shall meet in a another as near in each case. lines of all common point and to a right angle (18) No existing local street names or subdivision names shall be duplicated. (19) Whenever a proposed subdivision abuts a road which is included in the state system of primary highways, an access road extending for the full length of the subdivision along such highway and providing limited access thereto may be provided at a distance suitable for the appropriate use of the land between such access road and highway. (20) streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage discharge openings shall be designed to minimize flood flows without significantly increasing flood heights or established elevations of identified flood hazard areas. I (21) A single division of a lot or parcel for the purpose of sale, or gift, to a member of the immediate family of the property owner may be permitted, subj ect only to any express requirement of the Code of Virginia. Only one such division shall be allowed, per family member, and shall not be for the purpose of circumventing this chapter. For thc purposc of thiß chapter, a membcr of the immediate family iß defincd aa any perßon ·..·ho is a natural or leg-ally defincd iI....... ( 22 ) All ß tre c t s Ellm:ffi:ê::::::~:~::::~::~::::::::::::::ìmPB§¥~m;!n¡:ª,::::::::::::::::::::::::::::~:~:~::f,:nffi:ll!læBij 1 ~ ~ 1 1 ~ December 12, 1995 853 :!""~~\"\Š.~\~E'II!,~,ç:::::·!I:rl!\9~!'I~I!:"'å~:!'I:"!! the Gtreet design and construction established in the Design and Construction standards Manual. (b) A variation of the requirements of this section may be permitted if, in the opinion of the planning commission, the topography or other special or unusual conditions necessi tate such variation. 2. That these amendments, additions, and reenactments shall be in full force and effect from and after their adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens b. Resolution authorizina the amendment of the Manual entitled Desian and Constructions standards for Public street and Off-street Parkina. (Arnold Covey, Director of Enaineerina and Inspections). R-121295-12 Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 121295-12 AMENDING THE MANUAL OF REGULATIONS AND POLICIES ENTITLED · DESIGN AND CONSTRUCTION STANDARDS FOR PUBLIC STREETS AND OFF- STREET PARKING- --,~ II"'" 854 December 12, 1995 þ WHEREAS, at its meeting on February 14, 1989, the Board of Supervisors, by resolution, adopted a manual of regulations and policies entitled "Design and Construction Standards Manual" to assist the public in the clarification and interpretation of rules, regulations, and policies applicable to land development in Roanoke County, and in particular, the areas of water, sewer, streets and parking. NOW, THEREFORE, be it resolved that the Board of Supervisors of Roanoke County, Virginia, does hereby amend the second component of the II Design and Construction Standards Manual" which is entitled IIStreet and Off-Street Design Standards" as set out in Attachment IIA" to this resolution. FURTHER, this Manual, including these amendments, shall be in full force and effect from and after December 12, 1995. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix I NAYS: None ABSENT: Supervisor Nickens IN RE: APPOINTMENTS ~ Blue Ridae Communi tv Services Supervisor Minnix asked that the BRCS be contacted regarding a recommendation on Mr. pistner's possible reappointment. /" ~ Library Board Supervisor Eddy nominated Edmund Kielty to serve a four-year term which will expire December 31, 1999. ~ Plannina Commission Supervisor Minnix nominated Donald R. witt to serve another II ~ ~ 1 1 ~ December 12, 1995 855 four-year term which will expire December 31, 1999. Supervisor Johnson moved to confirm the Library Board and Planning Commission appointments on the consent agenda. The motion carried by a unanimous voice vote with Supervisor Nickens absent. IN RE: CONSENT AGENDA R-12129S-13: R-121295-13.b Supervisor Minnix moved to adopt the Consent Resolution with Item 19 deleted and nomination changed in Item 6 to H. Odell Minnix. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens Supervisor Johnson moved' to approve item 22. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 121295-13 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 December 12, 1995, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 22, ~ II"'" 856 December 12, 1995 þ inclusive, as follows: 1. Confirmation of committee appointments to the Parks and Recreation Advisory commission, Roanoke Valley Resource Authority, and Library Board and Planning Commission. 2. Request to approve resolution authorizing an extension of Salem Bank & Trust lease for the Department of Social Services. 3. Acceptance of water and sanitary sewer facilities serving Canterbury Park, section 7. 4. Request from School Board for appropriation of $7,703 to the School Operating Fund for the purchase of electronic reference materials. 5. 6. 7. 8. 9. l Request for approval of a raffle permit from Northside Athletic Booster Club for calendar 1996, effective through June 30, 1996. the year 1 Request from the County of Craig for Zanc U. Jones H. Odell Minnix to serve Association of Counties Board representing Region 9. endorsement of on the Virginia of Directors Request to change the submittal date of the Roanoke Regional Airport Commission Annual Budget. Request from the Sheriff's Office to accept a grant from the Department of Criminal Justice services for a computerized records program. Acceptance of water and sanitary sewer facilities serving The Gardens of Cotton Hill, section 1. 10. Acceptance of sanitary sewer facilities serving Lewis Gale Clinic, 460 East. 11. Request to confirm expenditure of public private partnership funds on behalf of a new Harris Teeter grocery store. 12. Request to- donate surplus salt to the Boy Scouts of America. 1 Request to execute First Addendum to Water Contract Addendum dated January 27, 1995. 13. ~ I 1 ~ December 12, 1995 857 14 Request from V & S Development for 50% credit of the off-site sewer fees for the Parkway Place Development, Buck Mountain Road. 15. Approval for five year lease purchase of E911 Communications Center telephone premise equipment. 16. Request from the Roanoke County Police Department to accept a grant from the Depa~tment of Criminal Justice Services to improve the criminal records information system. 17. Donation of water line easement in section 2, Oakcliff Resubdivision. 18. Acceptance of sanitary sewer facilities serving Kings Chase, Section 3. 19. Approval af, an ag-reement accepting- a contributian in lieu of a 3e~-ice charge Lutheran Family Cer~ice3 of Virg-inia, Inc. -;oluntary from the 20. Recognition of Charles R. Saul for his service on the Industrial Development Authority. 21. Request for approval of 50/50 raffle permit from the Roanoke Moose Lodge #284 for calendar year 1996, effective through June 30, 1996. 22. Request for "approval of a raffle permit Glenvar High PTSA for calendar year 1996, through June 30, 1996. from the effective 2. That the Clerk to directed where required by law to separate vote tabulation for resolution. the Board is hereby authorized and set forth upon any of said items the any such item pursuant to this On motion of Supervisor Johnson to add confirmation of appointments to Library Board and Planning Commission to the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens On motion of Supervisor Minnix to adopt the Consent Resolution with Item 19 deleted, and change nomination in Item 6 to H. Odell Minnix, and carried by the following recorded vote: AYES: ,:::ßJlp.ervisors Johnson, Kohinke, Eddy, Minnix ~ II""" 858 December 12, 1995 þ NAYS: None . ABSENT: Supervisor Nickens On motion of Supervisor Johnson to add Item 22 to the Consent Resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None supervisor Nickens RESOLUTION 121295-13.b AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN EXTENSION TO THE LEASE IN THE SALEM BANK AND TRUST BUILDING FOR THE DEPARTMENT OF SOCIAL SERVICES. WHEREAS the Board of Supervisors approved Ordinance 12390-4 authorizing the execution of a lease for office space for the Roanoke County Department of Social Services to be housed in the Salem Bank and Trust Building for an initial term from March 1, 1990 through February 28, 1994 with annual renewal options with specific rental rates extending through February 29, 2000, and WHEREAS section 18.04 of the County Charter requires the I adoption of an ordinance to acquire an interest in real estate, however, that after such ordinance shall have taken effect, all subsequent proceedings incidental thereto may be taken by resolution of the Board, and WHEREAS the County desires to exercise its option to lease 14,762 square feet of space in this facility according to the rates, terms and conditions defined in the original lease through the period ending February 28, 1997, NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors that the County Administrator is hereby authorized to execute the necessary documents authorizing the lease of said 14,762 square feet of office space in the Salem Bank and Trust Building for use by the Department of Social Services or other public purpose of the County through the period ending February 28, 1997 in accordance with 'the rates, terms and conditions of the original lease upon form approved by the County Attorney. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens 1 l ~ 1 1 ~ O~f~mber 12, 1995 3D RESOLUTION 121295-13.9 APPROVING CHANGE IN SUBMITTAL DATE OF THE ROANOKE REGIONAL AIRPORT COMMISSION ANNUAL BUDGET A RESOLUTION concurring in a request to change the date that the Roanoke Regional Airport Commission is required to submit its annual budget for approval by the participating political subdivisions, and authorizing the proper officials to take appropriate actions to implement such change. WHEREAS, pursuant to: (I) section 24. B. of the Roanoke Regional Airport Commission Act, Chapter 140, 1986 Acts of Assembly ("Act"); and (ii) section 17 of the January 28, 1987, contract between the City of Roanoke, the County of Roanoke, and the Roanoke Regional Airport Commission (" Contract" ); and (iii) section 611. (b) of the Master Indenture of Trust between the Roanoke Regional Airport Commission and Signet Trust Company Securing Airport· Revenue bonds dated as of October 1, 1988 ("Master Indenture"); the Roanoke Regional Airport Commission (·Commission") is required annually, prior to February 15, to prepare and submit to the participating subdivisions, (currently the City of Roanoke and the County of Roanoke): (a) its proposed operating budget showing its estimated revenues and expenses on an accrual basis for the forthcoming fiscal year, and if such estimated expenses exceed such estimated revenues, the portion of the deficit proposed to be borne by each participating political subdivision; and (b) a proposed capital budget showing its estimated expenditures for such fiscal year for assets costing more than $100,000.00 and the source of funds for such expenditures, including any amount requested from the participating political sUbdivisions: and, WHEREAS, the Commission has requested that the City of Roanoke and the County of Roanoke, as the political subdivisions participating in the formation of the Commission, concur in amending the Act, Contract, and Master Indenture to provide for annual submittal of the Commission's proposed operating and capital budgets prior to March 16 instead of February 15 of each year; and, WHEREAS, implementing such amendments to provide for submi ttal of the Commission's annual operating and capital budgets prior to March 16 instead of February .15 each year will in no way prejudice or harm the participating political subdivisions and will in fact benefit all parties by enabling the Commission to provide more current, useful, and accurate financial and budget information, and to better forecast revenue and expense trends and outlooks; THEREFORE BE IT RESOLVED that the County of Roanoke hereby concurs in the amendment of the Act, Contract, and Master Indenture to provide for submittal of the Commission's annual operating and capital budgets prior to March 16 instead of February 15 each year, and, ~ II"'" 8~ December 12, 1995 þ subject to and upon approval of the Trustee under the Master Indenture and finalization of any other required approvals or authorizations, the County Administrator and the Clerk of the Board are authorized to execute and attest, respectively, on behalf of the County of Roanoke in form approved by the County Attorney, any and all documentation necessary to implement such change and provide for the appropriate amendment of the Act, Contract, and Master Indenture as described herein. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He advised that he attended the the event was excellent. (2) He advised that he appreciated Mr. I employee Christmas lunch at the Holiday Inn Airport today and thought Hodge's letter to the Hollins #5 Fire & Rescue thanking them for their professional response to a recent situation at 581 and I-81. supervisor Eddv: (1) He commended Commissioner of Revenue Wayne Compton for the change in procedure which eliminated sending forms for personal property taxes and now requires that citizens submi t only changes. This will cause a reduction in staff in that department. (2) He asked about the status of the request for a transportation district for Roanoke Valley. Mr. Hodge and Mr. Mahoney advised that item will be submitted to the Board on January 2, 1996 so that appropriate legislation can be drafted for the General Assembly on January 20, 1996. (3) He asked for an update on the water and 1 sewer rates work session which was held in his absence on November 21, ~ ~ ~ December 12, 1995 8M 1995. Mr. Hodge, Ms. Hyatt, and Gary Robertson responded. (4) He advised that he will not attend the investiture. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Item 6. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens General Fund UnaDDropriated Balance Capital Fund Unappropriated Balance Board Continaencv Fund Accounts Paid - November 1995 Resolution from Salem-Roanoke County Chamber of Commerce supportina the County's rezonina studY of potential commercial and industrial sites. .L.. Activitv in Police/Sheriff Special Accounts for the year ended June 30, 1995. ~ Statement of Treasurer's Accountabilitv per Investments and Portfolio Policv, as of November 30, 1995. RECESS h 1 ~ h L. h IN RE: 1 At 4:30 p.m., Chairman Minnix declared a five minute recess. WORK SESSION h Joint Work Session with Appalachian Power Company IN RE: ~ - -.' ~ II"'" 862 December 12, 1995 þ reqardina ioint meter readina proaram. The work session I began at 4:35 p.m. with a presentation by Tom Jobes, APCO, explaining with computer charts a proposed joint meter reading operation. The proposal is for APCO to read the County utility meters at the same time that the electric meters are read. They propose a test project of approximately 200 to 400 County utility accounts to evaluate the cost or savings with three months to set up the system and three months to gather information. Supervisor Eddy asked to be informed of the areas chosen for the test pilot and Supervisor Johnson asked to review the project when it is operational. IN RE: EXECUTIVE SESSION At 6:10 p.m., Supervisor Eddy moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (7) for consultation with legal council to discuss potential litigation of Cole and Carle claim, and (1) appointment of personnel. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Eddy, Minnix NAYS: None ABSENT: Supervisors Kohinke, Nickens IN RE: CERTIFICATION OF EXECUTIVE SESSION R-121295-14 At 7: 05 P . m., Superv i sor Johnson moved to return to open session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix I 1 "" ~ ~ I 1 ~ December 12, 1995 8Q NAYS: None ABSENT: Supervisors Nickens RESOLUTION 121295-14 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the fOllowing recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, KOhinke, Eddy, Minnix None Supervisor Nickens IN RE: NEW BUSINESS h Authorization to proceed with a test pilot for ioint meter readina proaram with Appalachian Power Companv. (Diane Hvatt, Director, Finance) A-121295-15 Ms. Hyatt advised that at the work session held earlier, ~ II""" 864 December 12, 1995 þ APCO representatives and County staff explained the proposal to jointly read electric and utility meters on a monthly basis. She advised that staff is asking approval for a test pilot to begin the joint meter reading program and after completion of the six month test pilot, staff will bring back an evaluation of the program. Supervisor Johnson moved to approve the test pilot. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: supervisors Nickens IN RE: PUBLIC HEARINGS h Public Hearing and resolution pursuant to Title 25 and section 15.1-238 of the Code of Virainia 1950, authorizina eminent domain proceedinas for the acauisi tion of and immediate riaht of entry to a 123 sa. ft. Darcel of land owned bv Michael H. Frank and to a 1,512 sa. ft. Darcel of land owned bV Marie s. Harrison to establish the reauisi te clearance for a public water source located off Woodbrook Drive. (Paul Mahonev, County Attornev) Mr. Mahoney advised that staff is seeking authorization to start condemnation proceeding to establish the clearance required under the State Department of Health regulations for a fifty-foot radius around a public well in the Brookwood Subdivision. The Board previously rejected a proposed ordinance that would exchange the well 1 1 l ~ I 1 ~ December 12, 1995 86.S lot once it was abandoned for the requisite radius, and staff was directed to negotiate further with the property owners or acquire the property through condemnation proceedings. Negotiations were unsuccessful and staff obtained an independent appraisal that placed a value of $55 Mr. Frank's portion of the property and $680 for Ms. Harrison's portion. The owners have declined to accept the county's offers and staff is asking to acquire the property by condemnation. Mr. Frank, speaking for himself and Ms. Harrison, advised that they had allowed unrestricted use of the land for over twenty years since the County did not get the property easements. They have tried for two years to resolve the matter and asked that the Board approve alternative #2 which would authorize leasing a section of land to establish the fifty-foot radius in exchange for conveying the well lot to Ms. Harrison upon abandonment of the well. In response to questions from Supervisor Eddy regarding the necessity for action at this time, Mr. Gary Robertson, utility Director, advised that the Brookwood well lot will be necessary for another four months but will be abandoned when the water transmission lines are operational; and Mr. Mahoney advised that the County is using property for public purposes and the owners are entitled to compensation. Mr. Mahoney advised that since the Board rejected the original staff recommendation to exchange the property for the radius, condemnation is now the only al ternati ve. Supervisor Eddy advised that he would not offer a motion at this time. IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE ~ II"'" 866 December 12, 1995 þ h Public Hearina and first readinq of ordinance amending and reenactina the Roanoke County Zonina Ordinance, 0- 82592-12, to define binao halls/rooms as a Dermitted use with a SÞecial Use Permit upon the petition of the Roanoke County Plannina commission. (Jon Hartlev. Assistant Director, Plannina , Zonina) Mr. Terry Harrington, Director of Planning and Zoning, advised that the Zoning Ordinance does not currently address land use for a bingo hall or parlor, and an amendment is being proposed to redefine the use type, Commercial Indoor Amusement, to broaden the description and add bingo and similar games. This use is currently allowed only in the C-2, General Commercial district, with a special use permi t ,from the Board and would be consistent with that of surrounding jurisdictions and afford an opportunity to consider the location, hours of operation, and other characteristics of a bingo parlor before it is established. Supervisor Johnson moved to approve the first reading and set the second reading for January 9, 1996. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 1 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES ~ Ordinance to rezone 1.146 acres from R-l and C-l to R- II 1 and C-2 to operate a personal services facilitv, ~" ~ I 1 ~ December 12, 1995 8'=7 located at 3142 Brambleton Avenue, Cave Maqisterial District, upon the petition of Savers. (Terry Harrinaton, Plannina and Director) CONTINUED FROM NOVEMBER 21, 1995 Mr. Harrington advised that this is a petition to rezone property to establish a day spa clinic offering a variety of personal care and improvement services. The proposed day spa clinic is classified as a personal service under the zoning ordinance and allowed only in C-2 General Commercial district, which allows for a wide range of retail commercial activities. The property is topographically removed from Brambleton Avenue and along wi th two other offices, located directly adj acent to a single family residential development. The petition was denied by the Planning Commission because they felt that this was an intensification of the commercial uses of C-2 zoning and encroachment on the neighborhood. He reviewed the three conditions that the petitioner had proffered. Mr. Ed Natt, Attorney representing the petitioner, gave a history of the property and advised that since 1976, the property has been used for office use. He advised that because of concern about the intensification of commercial uses of C-2, the petitioner proffered that the use will be limited to existing C-1 zoning and personal services under C-2; that the hours of operations are limited; and that no modification to the exterior of the building will be made. He replied to the objections about visibility and encroachment of C-2 zoning on the residential area. He asked that a letter from Drusilla Sprina Marta Zonina ~ II"'" 86B December 12, 1995 þ Sexton, 3503 Forester Road, be placed in the record in support of the rezoning. The following citizens spoke in opposition to the rezoning: (1) Ellen Holtzman, 3511 Forester Road; (2) Irvin Holtzman, 3511 Forester Road; (3) Horace McPherson, 3561 Forester Road; and (4) Allen G. Trigger, 3519 Forester Road. Supervisors Eddy and Minnix expressed concern that by granting this request, the precedent for expanding C-2 zoning in this area will be established. Supervisor Minnix moved to deny the request for C-2 zoning. The motion resulted in a tie vote recorded as follows: AYES: Supervisors Eddy, Minnix NAYS: Supervisors Johnson, Kohinke ABSENT: Supervisor Nickens Mr. Mahoney advised that because there was a tie vote with one Board member absent, the item will be carried over for a vote at the next regularly scheduled meeting of the Board on January 9, 1996. I ~ ordinance authorizina a Special Use Permit to construct a commercial doa kennel, looated at 10420 Ivv Ridae Road, Windsor Hills Maaisterial District, u~on the petition of Richard Mark Jones. Harrinaton, Director. Plannina , Zonina) ( Terry 0-121295-16 Mr. Harrington advised that this is a request for a special II use permit to construct a commercial dog kennel to bred and sell dogs. ~ ~ 1 1 ~ nee-ern her 1 2, 1 99~ 8M The petitioner has agreed to the following two conditions: (1) that the number of dogs will be limited to twenty and (2) no boarding or grooming or training of dogs not owned by the applicant will be permitted on the site. Mr. Harrington advised that commercial kennels must comply with many other regulations as stated in the use and design standards in the zoning ordinance. The Planning commission recommended approval with the two conditions. The following citizens who live on Ivy Ridge Road in Bent Mountain spoke in opposition to granting the special use permit: (1) Bryan Long, 10387 Ivy Ridge Road; (2) Linda V. Long, 10387 Ivy Ridge Road; (3) Alan Fryer, 10651 Ivy Ridge Road; (4) Harold Baldwin, 10338 Ivy Ridge Road; (5) Lynne Lonnquist, 10430 Ivy Ridge Road; (6) David Bowles, 10357 Ivy Ridge Road; (7) Bill Neuhoff, 10325 Ivy Ridge Road; and (8) Tom Sherlin, 10571 Ivy Ridge Road. Mr. Sherlin offered a petition of opposition signed by 21 residents of Ivy Ridge Road. Mr. Jones, petitioner, advised that he acknowledged his neighbors' concerns and would comply with all conditions of the special use permit. Supervisor Eddy advised that he felt that approval of a commercial activity in a residential area was not appropriate, and moved to deny the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ~ II""" 870 December 12, 1995 þ ORDINANCE 121295-16 DENYING GRANTING A SPECIAL USE PERMIT TO RICHARD HARK JONES TO CONSTRUCT A COMMERCIAL DOG KENNEL AT 10420 IVY RIDGE ROAD (TAX MAP NO. 111.00-2-41.1), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Richard Mark Jones has filed a petition to construct a commercial dog kennel located at 10420 Ivy Ridge Road Tax Map No. 111.00-2-41.1) in the Windsor Hills Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on December 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, virginia, held a first reading on this matter on November 21, 1995; the second reading and publ ic hearing on this matter was held on December 12, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Eddy to deny the special use permit, I and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens h Ordinance authorizina a Special Use Permit to ODerate a private horse stable, located at 4100 Barlev Drive, Catawba Maaisterial District. upon the Detition of Jeffrev D. ShuDe. (Terrv Harrinaton, Director. Plannina , Zonina) 0-121295-17 Mr. Harrington advised that this is a request for a special use permit to operate a private horse stable. The Planning Commission found no negative impact and recommended approval with the horses Supervisor Kohinke moved to adopt the ordinance and approve 1 limited to three. ....' ~ 1 1 ~ npl'prnhpr 12, 199~ 8-:iJ the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-17 GRANTING A SPECIAL USE PERMIT TO JEFFREY D. SHUPE TO OPERATE A PRIVATE HORSE STABLE LOCATED AT 4100 BARLEY DRIVE (TAX MAP NO. 65.00-2-43.2), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Jeffrey D. Shupe has filed a petition to operate a private horse stable located at 4100 Barley Drive (Tax Map No. 65.00- 2-43.2) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a pUblic hearing on this matter on December 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 21, 1995; the second reading and public hearing on this matter was held on December 12, 1995. , J NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to operate a private horse stable located at 4100 Barley Drive (Tax Map No. 65.00-2-43.2) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) The number of horses shall be limited to three. On motion of Supervisor Kohinke to approve the special use permit, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens h Ordinance authorizina a Special Use Permit to allow ...4 r"" 872 December 12, 1995 þ expansion of Northside Middle school. located at 6810 Northside High School Road, Catawba Maaisterial District. upon the petition of the Roanoke County School Board. (Terry Harrinaton, Director, planning' Zonina) 0-121295-18 Mr. Harrington advised that the Planning commission has evaluated this request and recommended approval with no conditions. In response to Supervisor Eddy's inquiry about Mr. Dan Wallace's problem as expressed at the Planning Commission of students using his property at 6963 Connie Drive to get to Northside Schools, 1 Mr. Harrington advised that he passed this information to Homer Duff, Director of Facilities and Operations for the Schools, for possible solutions. It was the consensus of the Board that Mr. Hodge contact Dr. Gordon, School Superintendent, concerning Mr. Wallace's complaint. Supervisor Kohinke moved to adopt the ordinance and approve the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-18 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANOKE COUNTY TO EXPAND NORTHSIDE MIDDLE SCHOOL LOCATED AT 6810 NORTHSIDE HIGH SCHOOL ROAD (TAX PARCELS 37.05-1-3, 37.06-1- 1 l ~ I 1 ~ December 12, 1995 m 75, 37.10-1-27, 37.10-1-26), CATAWBA MAGISTERIAL DISTRICT . WHEREAS, the School Board of Roanoke County has filed a petition to allow the expansion of Northside Middle School at located 6810 Northside High School Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 5,1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on November 21, 1995; the second reading and public hearing on this matter was held on December 12, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of Northside Middle School located at 6810 Northsiae High School Road in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and hereby grants a Special Use Permit to the School Board of Roanoke county to allow said use. On motion of Supervisor Kohinke to approve the special use permit, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens h Ordinance to rezone 32.7 acres from R-l to AG-l to permi t commercial aaricul tural uses, located east of Carson Road and west of the NS Railroad, Hollins Maaisterial District, upon the petition of Industrial Development Authoritv (Rav Cox). (Terry Harrinaton, Director, Plannina , Zonina) 0-121295-19 ~ II"'" 814 December 12, 1995 þ Mr. Harrington advised that this is a request to rezone property to permit commercial agricultural uses of the property. The petitioner proposes to use the property for sale of water plants and for a commercial fishing pond. approval with no conditions. The Planning Commission recommended In response to concerns about IDA being the petitioner for this rezoning, Mr. Harrington explained that when the IDA first proposed several commercial rezonings, he suggested to Secretary of the IDA, Mr. Gubala, that the surroundir.q property owners be notified to see if they were interested in rezoning property at the same time. He felt that this would accomplish early notification of the surrounding property owners and the rezonings could be done as a 1 package. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-19 TO CHANGE THE ZONING CLASSIFICATION OF A 32.7-ACRE TRACT OF REAL ESTATE LOCATED ON THE EAST SIDE OF CARSON ROAD AND THE WEST SIDE NORFOLK SOUTHERN RAILROAD (TAX HAP NO. 50.01-1-27) IN THE HOLLINS MAGISTERIAL DISTRICT PROM THE ZONING CLASSIFICATION OF R-l TO THE ZONING CLASSIFICATION OF AG-l UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (RAY COX) WHEREAS, tl1e first, reading of this ordinance was held on I November 21, 1995, and the second reading and pUblic hearing were held December 12, 1995; and l ~ I 1 ~ December 12, 1995 81'; WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 5, 1995; 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 32.7 acres, as described herein, and located east of Carson Road and west of the Norfolk Souther Railroad (Tax Map Number 50.01-1-27) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of AG-1, Agricultural/Rural Low Density District. 2. That this action is taken upon the application of The Industrial Development Authority of Roanoke county (Ray Cox). 3. That said real estate is more fully described as follows: BEGINNING at a point in the centerline of Carson Road (Virginia Secondary Route 758) which bears N. 55 deg. 10' 00" E. 8.90 feet from a nail in a blaze of a large sycamore; thence leaving Carson Road and with the centerline of a proposed 40' road, N. 67 deg. 50' 00" E. 369.93 feet to a point; thence continuing with the proposed 40' road N. 80 deg. 50' 00" E. Approximately 444.2 feet to the terminus of said 40' road, in all 622.00 fee to a point on the southerly property line of a 4.38 acre parcel designated Roanoke County Tax Parcel 40.18-1-33.3; thence N. 76 deg. 00' 00" E. 300.00 feet to a point on the southerly property line of a 5.89 acre parcel designated Roanoke County Parcel 40.18-1-32; thence continuing along the southerly property line of said 5.89 acre parcel the following two courses: N. 46 deg. 40' 00" E. 107.50 feet to a point, thence N. 53 deg. 45' 00" E. 203.85 feet to a point on the southerly property line of a 1. 20 acre parcel designated Roanoke County Tax Parcel 40.18-1-26; thence along the southerly property lines of said 1.20 acre parcel and a 2.23 acre parcel designated Roanoke County Tax Parcel 40.18- 1-25, S. 49 deg. 29' 04" E. 580.46 feet to a point ..'- ~ II"'" 816 December 12, 1995 þ ~ on the westerly right-of-way line of the Norfolk Southern Corporation (Norfolk & Western Railway Company) railroad property; thence with said westerly railroad right-of-way line 951. 71 feet along the arc of a curve to the left, said curve having a radius of 3,007.52 feet, a chord bearing of S. 20 deg. 16' 59" W. 947.75 feet to an existing fence post corner, the northeasterly corner of the Elmer Layman property, Roanoke County Tax Parcel 50.01-1-26; thence along the northerly line of the Elmer Layman property the following five courses: S. 85 deg. 44' 22" W. 311.91 feet to a point; thence S. 64 deg. 46' 58" W. 279.66 feet to a point; thence S. 76 deg. 40' 33" W. 280.50 feet to a point; thence S. 66 deg. 25' 13" W. 82.44 feet to a point; thence N. 84 deg. 00' 47" W. 73.71 feet to a point on the centerline of Carson Road (Virginia Secondary Route 758); thence with the centerline of said Carson Road 10.95 feet along the arc of a curve to the left, said curve having a radius of 470.10 feet, a chord bearing of N. 21 deg. 04' 25" W. 10.95 feet to a point; thence leaving the centerline of said Carson Road (Virginia Secondary Route 758) and along the southerly property line of a 2.17 acre parcel designated Roanoke County Tax Parcel 50.01-1-27.2, N. 71 deg. 33' 17" E. 329.98 feet to a point; thence leaving the said 2.17 acre parcel with the southerly property line of a 5.00 acre parcel designated Roanoke county Tax Parcel 50.01-1-27.1 the following two courses: N. 76 deg. 40' 33" E. 97.64 feet to a point; thence N. 54 deg. 34' 11" E. 297.03 feet to a point; thence with the easterly property line of said 5.00 acre parcel, N. 35 deg. 25' 49" W. 483.69 feet to a point; thence with the northerly property line of said 5.00 acre parcel, S. 54 deg. 34' 11" W. 748.96 feet to a point on the centerline of the said Carson Road (Virginia Secondary Route 758); thence with the centerline of the said Carson Road the following six courses: N. 57 deg. 04' 57" W. 51. 85 feet to a point; thence 205.77 feet along the arc of a curve to the right, said curve having a radius of 376.38 feet, a chord bearing of N. 41 deg. 25' 13" W. 203.22 feet to a point; thence N. 25 deg. 45' 29" W. 167.44 feet to a point; thence 123.07 feet along the arc of a curve to the right, said curve having a radius of 302.54 feet, a chord bearing of N. 14 1 1 . . ~ I 1 ~ npcpmhpr 12, 19c)~ 8;¡~ deg. 06' 16" W. 122.22 feet to a point of reverse curvature on the centerline of said Carson Road; thence 200.74 feet along the arc of a curve to the left, said curve having a radius of 467.33 feet and a chord bearing of N. 14 deg. 45' 25" W. 199.20 feet to a point; thence N. 27 deg. 03' 46" W. 90.94 feet to the Point of Beginning. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the . zoning district map to reflect the change in zoning cÌassification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens .L. Ordinance authorizinq a to special Permit Use construct communications 140 foot tower and a accessory buildina, located on Poor Mountain, Catawba Maaisterial District, upon the petition of Valley Communications. (Terry Harrinqton, Director, Planninq , Zonina) 0-121295-20 Mr. Harrington advised that this is a request for a special use permit to erect one new broadcasting tower at the top of Poor Mountain and relocate six 40-foot telephone poles on an adjacent property. The Planning Commission recommended approval with three conditions which Mr. Harrington described. Ms. Jan Dowling, 3126 Garst Cabin Drive, requested denial of ~ II"'" 878 December 12, 1995 þ the special use permit and adoption of the Countywide Ridgeline Protection Policy as recommended by several of the visioning committees. In response to a question from Supervisor Johnson, James L. Woltz, petitioner, advised that the purpose of the tower is for two- way radio and beeper communications, and it is not feasible for them to coordinate their needs with existing towers. Supervisor Eddy moved to adopt the ordinance and approve the special use permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix I NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-20 GRANTING A SPECIAL USE PERMIT TO VALLEY COMMUNICATIONS TO CONSTRUCT A COMMUNI- CATIONS TOWER AND ACCESSORY BUILDING TO BE LOCATED ON POOR MOUNTAIN (PART OF TAX MAP NO. 93.00-1-44), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Valley Communications has filed a petition to construct a communications tower and accessory building to be located on Poor Mountain in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on December 5, 1995; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 24, 1995; the second reading and public hearing on this matter was held on December 12, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special 1 ~ ~ I I "'II1II Decemher 12, 199; ~ use permit to construct a communications tower and accessory building to be located on Poor Mountain is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1- 456 (b) of the 1950 Code of Virginia, as amended, and hereby grants a Special Use Permit to Valley Communications for such use, subject to the following conditions: . 1) The applicant shall be allowed to install one new broadcasting tower with associated antennae. The total height of the tower with antennae shall not exceed 140 feet. The tower shall only contain "whip type antennae." 2) The applicant shall also be site six 40-foot telephone on the adj acent property. only one whip antenna. allowed to relocate to the poles currently installed Each pole shall contain 3) The existing trailer shall be removed from existing site and shall not be relocated on the site. Per the applicant's request and plan, a equipment building shall be allowed on the site. the new new On motion of Supervisor Eddy to approve the special use permit, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens h Ordinance to rezone aDDroximatelv 1 acre from R-2 to C-l to adiust the zonina boundary to conform to the east property line, located on the east side of starkey Road adiacent to Huntina Hills Countrv Club, Cave SprinQ Magisterial District, upon the petition of the Industrial Development Authoritv (Old Heritaae) (Terry Harrinaton, Director, Plannina , Zonina) 0-121295-21 Mr. Harrington advised that this petition from the IDA is ~ II"'" 880 December 12, 1995 þ to request an adjustment of the boundary lines so that all of the property is zoned C-1. The Planning Commission recommended approval. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-21 TO CHANGE THE ZONING CLASSIFICATION OF A l-ACRE TRACT OF REAL ESTATE TO ADJUST THE ZONING BOUNDARY TO CONFORM TO THE EAST PROPERTY LINE, LOCATED ON THE EAST SIDE OF STARKEY ROAD ADJACENT TO HUNTING HILLS COUNTRY CLUB (TAX MAP NO. 87.11-1-15) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-2 TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (OLD HERITAGE) I WHEREAS, the first reading of this ordinance was held on August 22, 1995, and the second reading and public hearing were held December 12, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 1995; 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 1 acre, as described herein, and located on the east side of Starkey Road adjacent to Hunting Hills Country Club (Tax Map Number 87.11-1:-15) in the Cave spring Magisterial District, is hereby changed from the zoning classification of R-2, Medium Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of The Industrial Development Authority of Roanoke county (Old Heritaqe). 1 ~ ~ I 1 ~ December 12, 1995 8&1 follows: 3. That said real estate is more fully described as Deed description for Tract E-2, being a portion ME- shown on plat showing the resubdivision of Parcel 87.11-1-11 through 87.11-1-17 and property of Hunting Hills Land Corporation and Corporation (PB 15, page 4). of New Tract Original Tax 87.12-1-21, Old Heritage Beginning at corner #13 as shown on plat showing the resubdivision of Original Tax Parcel 87.1-1-11 through 87.11-1-17 and 87.12-1-21, property of Hunting Hills Land Corporation and Old Heritage corporation creating New Tract ME- (9.784 acres) and recorded in the Clerk's Office of the Circuit Court of Roanoke county, Virginia, in Plat Book 15, page 4, said point also located on the westerly boundary of Hunting Hills Land corporation (DB 873, page 61); thence continuing with Hunting Hills Land Corporation, S. 67 deg. 56' 44" W. 214.45 feet to corner #13A, said corner located on the easterly boundary of original Tax Parcel 87.11-1-12; thence N. 03 deg. 41' 08" E. 59.18 feet to corner #13B, said point being the southeasterly corner of original Tax Parcel 87.11-1-13; thence leaving original Tax Parcel 87.11-1-13, N. 03 deg. 09' 48" e. 184.52 feet to corner #13C, said point being the southeasterly corner of original Tax Parcel 87.11- 1-14; thence laving original Tax Parcel 87.11-1-13 and with the easterly boundary of original Tax Parcel 87.11-1-14, N. 12 deg. 43' 22" E. 178.39 feet to corner #llB, said corner located on the westerly boundary of property of Hunting Hills Land Corporation; thence leaving original Tax Parcel 87.11-1-14 and with Hunting Hills Land Corporation, S. 23 deg. 21' 52" E. 366.86 feet to corner #13, the Place of Beginning and containing 0.984 acres and known as Tract E-2, being a portion of New Tract ME-, as more particularly shown on plat prepared by Lumsden Associates, P. C. Engineers- Surveyors-Planners, Roanoke, Virginia, dated December 1, 1992. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supe,rvisors Johnson, Kohinke, Eddy, Minnix None ~ II""" 882 December 12, 1995 þ ABSENT: Supervisor Nickens ~ Ordinance to rezone 22.59 20.93 acres from I-1C and c- 1 to C-2 to increase· commerciallY zoned frontaae, located on the southeast side of Route 460 at the intersection with Carson Road, Hollins Maaisterial District, upon the peti tion of the Industrial Development Authoritv (F&W) . (Terrv Harrinaton, Director, Plannina & Zonina) 0-121295-22 Mr. Harrington advised that this is another of the package of requests from the IDA and involves approximately 20 acres on 460 East which is currently owned by the Fralin & Waldron Corporation. The ordinance previously submitted has been corrected to show that the acreage is actually 20.93 and not 22.59 as advertised. There were also some internal inconsistencies regarding the tax parcel numbers in the heading and body of the ordinance. The Planning Commission has recommended approval with no conditions. The land development pattern of this property was established in 1992 by the Zoning Ordi~ance as being commercial along the frontage with the remainder designated for light industrial uses. The IDA has submitted this request to increase the commercially zoned frontage to market the property for both commercial and industrial uses. Supervisor Johnson commented on the inconsistency expressed by the IDA's request to move from industrial to commercial zoning, and I 1 ~ ~ 1 1 ~ December 12, 1995 sæ Mr. Natt, Counsel for IDA, responded that this rezoning would eliminate conditions and involved other factors such as proximity to the road, frontage, topography and commercial marketability. Supervisor Johnson suggested that a meeting be held with members of the IDA regarding its philosophy. Mr. Gubala advised that this rezoning would provide a large commercial site for prospects in the 460 East Corridor. In response to Supervisor Eddy's inquiry about the changes made in the ordinance and advertised acrGage, Mr. Mahoney advised that since the larger acreage was advertised, moving to a lesser acreage ( does not create a problem. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-22 TO CHANGE THE ZONING CLASSIFICATION OF A 20.93-ACRE TRACT OF REAL ESTATE LOCATED ON THE SOUTHEAST SIDE OF ROUTE 460 AT THE INTERSECTION WITH CARSON ROAD (A PORTION OF TAX HAP NO. 50.01-1-5, TAX HAP NOS. 50.01-1-5.1, 5.2, 5.3) IN THE HOLLINS HAGISTERIAL'DISTRICT FROM THE ZONING CLASSIFICATION OF I-1C AND C-1 TO THE ZONING CLASSIFICATION OP C-2 UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COUNTY (F&W) WHEREAS, the first reading of this ordinance was held on August 22, 1995, and the second reading and public hearing were held December 12, 1995; and, WHEREAS, the Roanoke County Planning Commission held a ~ II"'" 884 December 12, 1995 þ public hearing on this matter on September 5, 1995; 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 20.93 acres, as described herein, and located on the southeast side of Route 460 at the intersection with Carson Road (A Portion of Tax Map Number 50.01-1-5, Tax Map Nos. 50.01-1-5.1, 5.2, 5.3) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1C, Industrial District Conditional, and C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of The Industrial Development Authority of Roanoke county (F&W). 3. That said real estate is more fully described as I follows: BEGINNING at a point located at the intersection of the southern right-of-way of U. S. Route 460 with the western right-of-way of Virginia Route 758; thence s. 22 deg. 12' 55" E. 241.32 feet leaving U.S. Route 460 along the right- of-way line of said virginia Route 758 to a point; thence S 25 deg. 19' 05" E. 122.92 feet continuing along said Route 758 to a point; thence S. 28 deg. 11'05" E. 40.86 feet continuing along said Route 758 to a point; thence 76.70 feet, continuing along said Route 758, a curve to the left having a radius of 385.08 feet and a chord which bears S. 33 deg. 53' 25" E. 76.57 feet to a point; thence 177.81 feet continuing along said Route 758, a curve to the right having a radius of 837.10 feet and a chord which bears S. 33 deg. 30' 40" E. 177.48 feet to a point; thence 172.78 feet continuing along Route 758, a curve to the right having a radius of 6197.83 feet and a chord which bears S. 26 deg. 37' 40" E. 172.77 feet to a point; thence 136.48 feet continuing along Route 758, a curve to the right having a radius of 369.04 feet and a chord which bears S. 15 deg. 14' 05" E. 135.70 feet to a point; thence S. 4 deg. 38' 25" E. 70.83 feet continuing along said Route 758 to a point; thence 80.22 feet continuing along said Route 758, a curve to the left having a radius of 236.27 feet and a chord which bears S. 14 deg. 22' 00" E. 79,84 feet to a point; thence S. 24 deg. 5' 40" E. 97.53 feet continuing along said Route 758 to a point; thence S. 74 deg. 37' 21" W. 862.90 feet, leaving said Route 758, a new line through the property of 1 ~ ~ 1 1 ~ December 12, 1995 88.$ Fralin & Waldron, Inc. to a point; thence S. 79 deg. 55' 38" W. 126.36 feet a new line through the property of Fralin & Waldron, Inc. to a point; thence S. 83 deg. 52' 39" W. 570.02 feet, a new line through the property of Fralin & Waldron, Inc. to a point; thence N 47 deg. 36' 30" E. 999.16 feet along the existing C-2 zoning line previously established by the County of Roanoke to a point, N. 42 deg. 23' 30" W. 367.84 feet along the existing C-2 zoning ~line previously established by the County of Roanoke, to an iron rod located on the souther right-of-way line along U. S. Route 460; thence N. 36 deg. 07' 10" E. 155.00 feet along said u.s. Route 460 right-of-way; thence N. 86 deg. 20' 43" E. 418.55 feet leaving said U. S. Route 460 to a point; thence N. 19 deg. 03' 07" W. 244.90 feet to a point located on the southern right-of-way of U. S. Route 460; thence, N. 54 deg. 20' 30" E. 150.00 feet, continuing along said right- of-way to the Point of Beginning and containing 20.93 acres. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens ~ Ordinance to rezone a 2 acre portion of a 174.56 acre parcel from R-l to I-2 to include this property within the industrial park boundaries located on the north side of Valley TechPark, adiacent to entrance road and Route 11/460, Catawba Maaisterial District, upon the peti tion of the Industrial DeveloDment Authori tv of Roanoke County. (Terry Harrinaton, Director, Plannina & Zoning) '~ II""" 886 December 12, 1995 þ 0-121295-23 Mr. Harrington advised that is a request from IDA to rezone a two acre parcel which is adjacent to the 175 acre Valley TechPark to allow for improvements to the entrance and is consistent with the other Valley TechPark zoning. Because of its proximity to 460 East and the surrounding properties that are not currently zoned industrial, the Planning Commission recommended approval with one condition: (1) No structure on the property will exceed 60 feet in height as measured from ground level. There was no discussion and no citizens requested to speak on this issue. Supervisor Kohinke moved to adopt the ordinance. The motion 1 carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-23 TO CHANGE THE ZONING CLASSIFICATION OF A 2.0-ACRE PORTION OF A 174.56 ACRE PARCEL OF REAL ESTATE LOCATED ON THE NORTH SIDE OF VALLEY TECHPARK ADJACENT TO THE ENTRANCE ROAD AND ROUTE 11/460 (TAX HAP NO. 64.02-2-50) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-l TO THE ZONING CLASSIFICATION OF I-2 WITH CONDITIONS UPON THE APPLICATION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE COmiTY WHEREAS, the first reading of this ordinance was held on August 22, 1995, and the second reading and public hearing were held December 12, 1995; and, WHEREAS, the Roanoke County Planning Commission held a 1 public hearing on this matter on September 5, 1995; and WHEREAS, legal notice and advertisement has been provided as l ~ I I ~ December 12, 1995 881 required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a 2.0 acre portion of a 174.56 acre tract of real estate, as described herein, and located on the north side of Valley TechPark adjacent to the entrance road and Route 11/460, (Tax Map Number 64.02-2-50) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of I-2, Industrial District. 2. That this action is taken upon the application of The Industrial Development Authority of Roanoke county. 3. That the owner of the p::'operty voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) No structure on the subject property will exceed 60 feet in height from ground level. follows: 4. That said real estate is more fully described as BEGINNING at an iron pin on the southerly side of old location of U. S. Route 11 corner to Tom Beasley property and being the northwesterly corner of Lot 7 of unrecorded map of Glenvar SUbdivision; thence along the southerly side of old Route 11 N. 56 deg. 55' 07" E. 53.62 feet to an iron pin; thence with a new line through original Lot 7 of Glenvar Subdivision S. 48 deg. 27' 35" E. 73.42 feet to an iron pin; thence with another new line s. 57 deg. 35' 09" E. 481.52 feet to an iron pin; thence with another new line S. 1 deg. 28' 41" W. passing an iron pin on line at 275.19 feet, passing another iron pin at 331.55 feet, in all 349.55 feet to a point in Mount Hope Branch; thence generally up the center of the branch N. 20 deg. 22' 28" W. 249.00 feet to a point; thence N. 69 deg. 22' 28" W. 149.11 feet to a point; thence leaving the branch and with the line of Tom Beasley property N. 38 deg. 40' 28" W. generally along a fence 443.93 feet to the Beginning and containing 2.00 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed ~ II""" 888 December 12, 1995 IT I to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens 10. Ordinance amendina and reenactina sections of Chapter 10, Licenses, and repealinq section 21-2, Article I, of Chatlter 21 Taxation of the Roanoke County Code in order to improve uniformi tv in administration of the 0-121295-24 Business, Professional. and Occupational License Tax. (Vickie Huffman. Assistant Countv Attornevl II ' Mr. Mahoney advised that this is the second reading and public hearing of extensive amendments to the BPOL ordinance. Because of the efforts at state level to repeal the BPOL, the Virginia Municipal League and Virginia Association of Counties asked that a uniform ordinance be adopted by localities with the BPOL tax to address the concerns of the business community. This ordinance will bring the County into conformity with that model ordinance. Mr. Compton, Commissioner of Revenue, was present. Mr. Mahoney suggested that the Board amend the ordinance to include "massage therapist and massage technicians" in Section 10.36 which deals with personal and business service occupations. Supervisor Minnix moved to adopt the ordinance with the 1 ~. i -I ~ I I " .,- ~ Decemher 12, 1995 889 - . - - addition to Section 10.36. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-24 AMENDING AND REENACTING SECTIONS 10-1 THROUGH 10-19, ARTICLE I; SECTIONS 10-30 THROUGH 10-36, ARTICLE II; AND SECTIONS 10- 44, 10-50, 10-54, AND 10-56, ARTICLE III; OF CHAPTER 10 LICENSES, AND REPEALING SECTION 21-2, ARTICLE I, OF CHAPTER 21 TAXATION OF THE ROANOKE COUNTY CODE IN ORDER TO IMPROVE UNIFORMITY IN ADMINISTRATION OF THE BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE TAX AMONG JURISDICTIONS IN THE COMMONWEALTH OF VIRGINIA. WHEREAS, pursuant to the authority of Chapter 37 (Section 58.1-3700, et seq.) of the Code of Virginia, 1950, as amended, the County of Roanoke, Virginia, imposes a business, professional, and occupational license (BPOL) tax through the adoption of an ordinance codified in Chapter 10 of the Roanoke County Code; and, WHEREAS, the state enabling legislation allowed localities flexibility in the adoption of ordinances and administration of the BPOL tax, which has resulted in some disparity between the various local jurisdictions: and, WHEREAS, in order to provide more uniformity and to improve administration of the BPOL tax among jurisdictions throughout the Commonwealth, local government organizations have proposed uniform provisions for adoption in the individual localities; and, WHEREAS, the uniform provisions address such issues as key definitions, rules for establishing situs, interest and penalty provisions, and due dates; and, WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, finds that the adoption of these uniform provisions, by incorporation into the existing ordinance, will serve the public interest and will benefit the citizens and taxpayers of Roanoke County; and, ~ II"'" 890 December 12, 1995 1+ , I WHEREAS, legal notice and advertisement has been provided as required by law; and, WHEREAS, the first reading of this ordinance was held on November 21, 1995, and the second reading and public hearing was held on December 12, 1995. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 10, LICENSES of the Roanoke County Code be amended and reenacted as follows: Chapter 10. LICENSES* ARTICLE I. IN GENERAL Sec. 10-1. II Sec. 10-%g. Definitions. As used in this chapter a.nd at3 appl ied to the business, trade, or occupation t3ubject to thc license ta.XCD hcreinafter act forth and not specifically othcrh'ise taxed: ( a) ~1.:1w.:~m~~~Î~::::::~i;lt:::::m~~D.i::;:: I' ~ ~ I 1 ~ December 12, 1995 . 8}!t Cross eXDeRditures shall meaR all expeRditures iRourred in oORRectioR with the acquisitioR or lease of real pro~erty, iRoludinq oash, oredits, fees, oommissioRs, broJccraqe oharges and reRtals1 all expenditures inourred in cORRection with the improvemeat or developmeat of such property by force account, iRcludißq costs af all labor i~gel7ed in such improvemeat or developmeat, oost of materials aad sup~lies, equipmeRt reatal or aa equi7aleat charge therefor if equipmeat is owned by the builder or developer 1 and aßY other expenditure of whatever description incurred in coaaectioa with the improvements or developmeat by force ûccouat of such property. The .:.:. .~ II"'" 892 December 12, 1995 1+ term "qroßß expendi ture3" 3hall not include û1ftOunt3 e>..rpended for ifttereßt Oft or paymeftt of priRcipal of debt incurred in c6ftßectioR wi th such impro·..emeRt or dçJelopmeRt \lor]c. , ¡ , I 1 l I I """l1lI1 €rad"e':;:':':':':':':'''õ"ê'êiìþå€Ton-:;':':':':':':':vocation, calling or activity, including cash, credits, fees, commissions, brokerage charges and rentals; property of any kind, nature or description from either sales made or services rendered without any deduction therefrom on account of cost of the property sold, the cost of materials, labor or service or other costs, interest, or discounts paid, or any expense whatsoever; and shall include in the case of merchants the amount of the sale price of supplies and goods furnished to or used by the licensee or his family or other person for which no charge is made; provided, however, that the term "gross receipts" with respect to manufacturers and wholesale merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United states shall exclude such excise tax payments to the United states government:;::; provided further, that wholesale and retail dealers in petroleum products on wfiich the state levies a metor vehicle fuel tax shall exclude such tax ~aymefttß to the state to the same extent that the tax has firßt èeen iftcluded ift the "lJross receipts" i provided further, that retail metor 9:ehicle Eiealera shall deduct trade in allowances crediteEi on sales of beth new anEi used motor 9;ehicles; provided further, in co~utiftlJ the IJross receipts of licenßeea under ßectioft 10 J4 of thiß Cede, the licensees shall be permitted to claim as a deductioft the ameuftt of salary 'paid to any persen employed by them who is Eiuly liceftaeEi ift the same profcsaion, uftder such ßection. The term "gross receipts" when used in connection with, or in respect to financial transactions involving the sale of notes, stocks, bonds or other securities; the loan, collection or advance of money; or the discounting of notes, bills, or other evidence of debt, shall be deemed to mean the gross interest, gross discount, gross commission, or other gross receipts earned by means of, or resulting from such financial transactions, but the term "gross receipts" shall not include amounts received as payment of debts. ~ II""" 894 December 12, 1995 1+ The term "gross receipts" shall include the gross receipts from all sales made or services rendered or activities conducted from a place of business within the county, both to persons within the county and to persons outside the county. In this connection the word "person" shall be construed to include governmental agencies. The calculation of gross r~.<::~~p~f:Ö for license tax purposes shall be on either a cash or actual ªþþ:pµª¥ basis; provided, however, that the basis used must coincide wifh:':::€he:':system of accounts used by the taxpayer and the method employed by the taxpayer for federal and state income tax purposes. ~!~~~~~IJI"r!lJJ~ :(:I),'fè:t Person shall include individuals, firms, copartnershIps, corporations, companies, associations, or joint stock corporations; and it shall include any trustee, receiver, assignee, or personal representative thereof carrying on or continuing a business, ;~~~:~~ª:~~:?~;~~fr:~;;~fi;Ýi~~~'1?:J;¥i!~ÊÊ:Ê~}}~~~;!~~i I or writ of a court of justice. ~"II_..IIIt~ _.~i't1..-~ See. 10 2. BusiBess, trade, ete., subject te taxI gross reeeipts earBed eutside the ceuBty. (a) Each aBd all ef the taxes hereiBafter imposed are iB all 1 eases impesed upeD the pri ...·ileqe, af daiBg busiBess or exereisiBq a prefessieD, trade, er aeeupatiaB iB the cauBty, . iBeludiBq all phases ~ ~ I 1 ~ December 12, 1995 89~ ef the husiaess, prefessieB, trade er eeeupatiea 'eelÌdueted ia the eeuaty. (h) As te husiaesses, prefeBBieBB, tradeB, er eeeupatieBB fer whieh a f}'ress reeeipts lieeBBe is lÐ"J'ied eB perseBs haor.-iBfJ a defiBitely established plaee ef husiBOSB er maiBtaiBiaf}' aB effiee iB the eeuBty, it is the peliey ef the eeuBty te require that all fJress reeeipts deri~ed frem the husiBess, prefessieB, trade, er eeeupatieB shall he iaeluded iB their lieeBsiBfJ hasis iB eeBfermaaee with seetieB 10 1 (h) I previde4, that iB eases where their husiBess, prefeBsieB, trade, er eeeupatieB reflUires the perfermaBee ef eertaiB aeti-J'itieB witheut the eeuBty, aB4 they heeeme subjeet te aBd pay a lieeBSiBfJ tax te a fereifJB taBiBfJ jurisdietieB hased eB fJ~eBB reeeipts deri7e4 from aetivities eeBdueted withiB a fereif}'B taxiBfJ juriBdietieB, they shall he permitted te de4uet sueh f}'ress reeeipts taxed hy the fereif}'B taxiBg jurisdietieB iB arri~iBfJ at their lieeBBiBfJ hasis. IB all eaBes Bueh de4uetieB must first he iaeluded iB their total gress reeeipts. (e) As te husiBesses, prefessieBB, tradeB, er eeeupatieBB eB whieh a f}'ress reeeipts lieeBBe tax is le7ie4, aBd whieh are earrie4 eB er eeB4ueted eBly iB part withiB the eeuBty limits hy perseBs haviafJ Be 4efiBitely estahlished plaee ef husiBeBB er maiBtaiBiafJ Be effiee withiB Reaaeke oeuBty, it is the peliey ef the eeuBty te subjeet sueh perseBs te the same pre-..-isieas, eeBdi tieBs, aBd rates that perBeas lia-J'iBfJ a 4efiBi tely establishe4 plaee ef hUBiBOBB er maiBtaiBiBf}' aB effiee withiB the ee1lBty are subjeeted tel aBd, iB sueh eases where eBly part ef the husiBess, prefeBsieB, trade, er eeeupatieB is se eeBdueted er earried eB withiB the eeuBty, the tax liability shall he measured hy eBly that pertieB ef the husiBOSB, prefesBieB, trade, er eeeu.patieB eeB4u.eted er earried eB withiB the eeuBty limits. (d) IB this eeBBeetiea the term jurisdietieB-- shall he eeBstrued as limited te eities, aBd tewøs ef the OemmeBWealth ef VirfJiBia. "fereiga taxiBg ether eeuBtios, Sec. 10-3. Levying of license taxes. :¡Oil¡¡ For each and every year beginning with January 1 of each year'åhâ ending December 31 following, until otherwise changed, there are hereby levied and there shall be collected the annual license taxes hereinafter set forth in this chapter, except as otherwise specifically provided in this chapter, on persons conducting ?E'=ï::~:~~2.~~ingth in anYt b~sin~ss .:.... tr~.~.e, tRlfl:~~t::§.h::§:iên~ij:th~ °hccutpationh . §~h::::::: Þ@iWW:)i¡fi; l.n e coun y ncre:I.nar'Ccr ª$, se or l.n l.S c ap er, w l.C rrcense taxes shall be for the support of the county government, the payment of the county debt, and for other county purposes. ..~ II""" 89.6 December 12, 1995 1+ Application fer lieense, 4uties ef 1 (c)fät All pcrson3 othcrh'ise spccifically provided, cmbraccd by thi3 chaptcr, unlc3s 3hall :æa]œ application for liccn3cs 1 I ~ ~ I 1 ~ December 12, 1995 891 te thc cemmiBBioncr of thc rcvcnuc b- Januar- 31 of cach -car. "ÄÞn applicant for a license to conduct any business, profcBBion, tradc, or ecc1:ll'atioft under the provisions of this chapter shall furnish the commissioner of the revenue in writing with his correct name and trade name; his correct residence address; the nature of the business, profession, trade, ðP occupation IBffi9@£wiña to be pursued; the place where it is to be pursued; and a Fe¿ó'rd···''6l······gross receipts verified by oath for the preceding twelve (12) months; as well as such other information as may be required by the commissioner of the revenue. The commissioner shall compute the amount of license tax and after payment shall issue the license, subject to zoning certification as provided in section 10-7. (b) It Bhall bc unlaYful and a violation of thia chaptcr -fer any I'crBon to el'cratc a bUBincsB, profcssion, tradc, er occupation :äli:i::::::II*,l.i£til within thc ceunty without ha-;inEj firBt obtaincd a licensc lã·······'··àêéóiâåncc with thia Bcction and bcforc p03tinEj Buch license as re~ircd by aection 10 14. Ouch violatien3 shall coft3titutc a ClaBB 1 misdcmcanor. (c) It 3hall bc unlaYful and a vielation of this chapter for afty parsoft te ma]cc falac statcmcnt3 with intent to dcfraud in any application, return, er affidavit required by thia chapter. Ðuch violation shall cenatitute (i) a Cla3B 3 mi3dcmcanor if thc amount ef thc tax lawfully aB3cS3cd ift coftncction with thc rcturn i3 onc thouBand dollarB ($1,000.00) or le3B, or (ii) a Cla3s 1 miBdcmcanor if thc ameunt of thc tax la~fully aaBCBsed in conncction ~ith thc rcturn i3 merc than enc thouBaftd dollara ($1,000.00). Upon coft\-ictioft undcr thiB Bcctieft, thc commi3Bioftcr of thc rcvcftuc shall rcvo]cc all liccftBCB of thc b1:lainc3s for thc balancc of thc tax ~ÆIIB§,- year. .........:.:......................................... (d) Any per30ft, firm., or corporation holdinEj a liccftsc undcr this chaptcr to operatc afty bU3incs3 3hall forfcit such liccftBC immcãiatcly upon coavictioft by any court of compctcnt jurisdictioft in thc Cemmenwealth of VirEjinia of a violation of (i) 3cction 18.2 248 Codc of VirEjinia, rClating to an imi tation controllcd 3ub3tancc or (ii) 3cctien 18.2 248.7 Codc of VirEjinia, rclating te mency laundcrinEj. ~ II""" 898 December 12, 1995 I If , (d)fet No license issued pursuant to this chapter shall be valid or effective unless and until the tax required shall be paid to the Treasurer of Roanoke County and such payment shall be shown on the license. No such payment shall be accepted and no business license shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, business personal property, meals, transient occupancy and admissions taxes owed to the county have been paid which have been properly assessed against the applicant by the county. (e)ff+ The commissioner of the revenue shall report monthly to the treasurer the aggregate amount of license taxes assessed during the month and placed in the hands of the treasurer for collection. Sec. 10-5. Payment of tax. ~.~ì:ìiiijij~gfi~iiil!j~*¡~'::~:~~a~~ thirty first \~\\+I.£:): of each license ~ year. The tax shall be':':':':þåTd with the applTcàtlon in the case of any license not based on gross receipts or purchases. I I' I ::(I}:: In all cases where the person shall begin the business,''þ'rofession, trade, ~ occupation or calling upon which a license tax is imposed after January first of the license ~ year, such license tax shall bee6me due and payable within thirty (30) days C:>.~....!:Þ.:f:!.....<?,?.~encement of the business, profession, trade, ~ occupation 8Ð:::::::R±~!::ÆP~ . Sec. 10-6. Penalty and interest for failure to pay 1iccnge tax wåen 4ue. ::\(11\\ There shall be a penalty of tcn (10) pcrccnt, ~;ith a 1 minimum ¡...o{'·········€"Cn .do.llars (f;:1..0¡.....00), addcd t~ all licen:3e .:;axe:3 ~mI'O:3ed '.. under tue prOV1.31.0n:3 of ....u1.:3 chapter tuat arc unpa1.-.... on .., anuary thirty fir:3t of thc currcnt license year or in the casc of any person l ~ 1 1 ~ December 12, 1995 899 first ...... - -. '. ~ ".- 9j}ß December 12, 1995 I I ! IF I of 1986, 26 U.G.C. § G621, a3 amended, but not lC33 than ten (10) percent. :1:1,:1:: Taxes:;;: il'ftè penal ties ~ª::::::::::::::::¥!!I.i;@~:p. herein provided shall be as"sessed and collected in the ·iriàriïiêi··i:>ï:;6v"ided by law for the enforcement of the collection of other taxes. i I! I I I Sec. 10-7. applieaB~ ~e aseer~aiB øeBiBq. It shall be the duty of every person applying for a business license to ascertain whether the location for the conducting of such business, profession, trade, ~ occupation qR:::::::::::qª~tt:;tn9. is properly zoned and has any necessary use permit beforé···iíîàkTriêj·'·····àpplication for such business license. The commissioner of the revenue, in any case where he suspects the location is not prop~.:t:'.:L,y...~,~l.l.~~. for the type of business, profession, trade, ~ occupation g@:::::::pª:mi.::w.ñš proposed by the applicant, shall refuse to issue such 6ÚslriEÙ~"s····'·'....1icense until a certificate is issued by the zoning administrator stating that the location is properly zoned and the necessary use permit, if any, has been granted. The issuance of a business license by the commissioner of the revenue shall not be deemed to be approval by the county of zoning compliance. Bach place of husiBosa ~e ha7Ð a~ same leea~ioB. I (a) Uo licenae ahall be iaGued under the terms of this chapter to cover more than one place of bU3incDß, and applicantG shall ~ ~ I I ~ Oecernher 12, 199~ 9tH be required ta ta](C out 3eparate licenoe3 for each place in which the Busine3B, profe33ion, trade, or occupation to be licen3ed i3 purBued. Any perBon operatin~ a bU3ineso in more than one definite place and keepinq ane set of recorda for the accumulated tranaaction3 may ta](C out a minimum licen3e on each location in the county other than the main place of bU3ine33 and may deduct 3uch sumo paid for the minimum license fram the total tax due when all qross receipts are attributed to such main place of buoiness. (b) If any applicant is engaged in two (2) or morc bUBine33cB, profes3ions, trade3, or occupations all subj ect to the 3ame ratc, all measured by the same base, and all carricd on at the samc placc of busine33, hc may obtain onc licensc fer all 3uch businesses, prefe33iono, trades, or occupationa, but all infermatian for each, aa herein otheruioe required, ohall be gi9Jen aRà 3hall appear OR the forms. . , ~ II"'" 9-02 December 12, 1995 1+ Ii I: ~ ~ I I ~ December 12, 1995 9ti ~ J""" 9-04 December 12, 1995 þ I I l ~ I I "'II1II December 12, 1995 9QS rerSÐBS liable fer lieeBse 'tax r (c)-fÐt Each licensee whose license is measured by gross receipts or gro(3(3 cxpcRdi tures pµpp.ï.jjj~~;~ shall SUbI1l..~:t:..........~~....... the commissioner of the revenue, not late·f....·thaiï January J 1 Mlti¢b.Jtttal of ~.~~.1:l.......y.~.~r , a report of his gross receipts or gross ':''C:x'j;'Eß::arbircs ~s~!tlã!l! for the preceding year. (d)fet In those cases in which the conduct of the business, profession, trade, ~ occupation (#¡'f::::::::::::~1.:%.:$.ñg involves operations subject to more than one (1) rate oi··'·"..C'ompÚt'eð' on more than one (1) base, as hereinafter set forth, the licensee is hereby required to maintain separate accounts for each such operation; provided, however, that the licensee may elect to maintain a single account for all operations tax in which case the entire business license shall be computed at the highest rate applicable to any part of the business taxed on gross receipts. .~ r"" 906 December 12, 1995 þ ::(:a,Hèt If any licensee shall fail to maintain the records required fìi':':':1:his section, regulàrly supported by customary vouchers, the commissioner of the revenue is hereby authorized and directed to estimate the taxpayer's gross receipts or grosD cxpcnditures pµp§Îª-II§ on the basis of the best evidence he can obtain, and the commTS"sfonåf of the revenue shall make an assessment on the basis of such determination. ::;¡Im¡:;~!'iBog~~I~",!~!·:~'!:~~~!æl!:i!:.~:: LicCB5Ð9 for per50Bs (a) ....J?Y.~:J:y..,p.~,J::"son beginning a business, profession, trade, er occupation §#)::Jþ:IJi.:I.;þij which is subject to a license tax under the provisions of thIS"'êháþter and is based in whole or in part on gross receipts or groD3 cxpcnditurcs pµççfiª§êl, shall estimate the amount of the gr~,~.~.....:r;~c::,~Jp~~.,..þ..~....~,~~). recèIvèÒf"the gro33 expendi turesflc ·...ill incur þþÇªÞ.J.~nU~~~:F::::ç§::::::þg::::::mªªø. between the date of beginning business and the erid·....·····o·f···..·thè'·""thè"îi::ÒÚFr'êht year, and his license tax for the then- current year shall be computed on such estimate. gross recel~~sw~~n:;~~sae;;~~~~~u~~~ ì¡~;§ª~~¡~U;~~ ~~~~n~~~se:;~~:;~~ I shall be subject to correction andthe"ÓÒriifuîssioner of the revenue shall assess such person with any additional license tax found to be due after the end of that license year, and shall at the same time correct the estimate for the then current license year, until a full year of operation shall have been completed, and in case of an over- estimate the taxpayer shall be entitled to a credit upon his license tax payable the following year. Sec. lo-~~î. payment of license tax by corporations, partnerships, 0.£ .Ié~ili:t:::·:·:':~ When the business, p.pfeŠš±ô.n:~:: trade, er occupation pi sl£~:iñ9. licensed is conducted by-········a 'c'õ'rpörátion or partnership, or by äri····"iiÚnployer of persons who would otherwise be liable for a license tax, and the license tax is imposed upon the gross receipts or gross expcnditures pµ~ªª~§gl thereof, then the license tax shall be paid by the corporatiêiñ'·······oF""þáftnership, or employer; and when so paid it shall be deemed to discharge the license tax liability of the officers and employees of such corporation, and of the partners and employees of such partnership and of such persons employed by an employer who would otherwise be liable æ:t.1gî.i: such license tax, insofar as the business of such licensed corporåtlon, partnership or employer is concerned. ThiB section Bhall not apply to "profcssional 3ervicca," as dcfincd in I section 10 34. l ~ I ~ npl"pmher 1~, 1995 98-1 Sec. lO-~!!. Transfer of licenses. (a) Licenses issued under the provlslons of Article II of this chapter, except as otherwise provided, may be transferred from one person to another or from one location to another; provided that no such transfer shall be valid unless and until notice in writing is given to the commissioner of the revenue of the proposed transfer, which notice shall contain the name, trade name, if any, and the address of the proposed transferee; the proposed new location, if any;. and the effective date of the proposed transfer; and the commissioner of the revenue may approve such transfer upon being satisfied of the good faith thereof. Failure to notify the commissioner of the revenue of the transfer of a license within thirty (30) days of such transfer shall invalidate such license and such invalidated license shall not be subject to refund as provided by section 10-16 of this Code. (b) It is specifically provided, however, that if the transferor's license for the current license year has been based on an =:~;~~;~ f: s~~~~~n r~~:~~~~ g.{:¡:~ :~;s~~ii¡rd~~Ur~~iS E~'\t~"~' t~: transferor shall reveal his'gross recefþ"fS"" or gross cX13cndi turcs' p~ªb.äl:g@. for the period he was in business during the current license y'·~:~g:·:':·:·ª#ª:·:·:·:if the accumulation of gross receipts or gross cxpcnditurcs pªjíªIª:§~\#l by transfer date shall exceed the original estimate, the frari's·f·Eiiee shall be required to amend the license by an estimate of the gross receipts or gross cxpcndi turcs þµpªþ:ª§:@~ he will incur between the day of beginning business and ······fhfi····èria·... of the current license year. (c) Licenses issued under the provisions of Article III shall not be transferred from one . person to another but may be transferred from one location to another within the County of Roanoke. Sec. lo-*~I. Display of form, decal or BifjD isslled iD evidence of license. """".,.,.,. Every person required to obtain a license under the provisions of this chapter shall keep the form, decal, or sign issued in evidence thereof as prescribed by the commissioner of the revenue in a convenient and conspicuous place, and whenever required to do so shall exhibit the same to any authorized enforcement officer of the county. I ~:~~cJ lf~~~"'S A;:::~ment of .€I.lìiììì~Iìî!I.!!,_ license taxes ~ r"" 908 December 12, 1995 þ &jm If the commissioner of the revenue ascertains that any person has""iiôt been assessed with a license tax levied under the terms of this chapter for any license ~ year of the three (3) license ~ years last past, ûnd the abocnce of such aSSCOOffient ~as not due to the fraudulent intent to e7ade taxe~ on the part of 3uch per~on, it shall be the duty of the commissioner of the revenue to assess such person with the proper license tax for the year or years omitted. __lIf'- ·æc¥ Penalty and interest at the rate provided under ¡¡ß.¡iE~ i~~:":': t~ealciat~Ccor;e su~~craesosnes!!!~'::::§~~€Pfg!:r!:!~~"!:I'~I"1jj~jjiM', š,iê'fi":':':'::'åssessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment. I Sec. lO-4-5i~'. Oer~ifiea1don of erroneeuß assessment+ittUtftl refunds .hea liecBs"¡:"e Ðø&Sea t.ø do husiBCSS. ::::::::.:::::::::::::::::::::::::::::::: (a) The commissioner of the revenue is empowered to certify to the treasurer any instances of erroneous assessments. Upon receipt of such certificate the treasurer is directed to make a refund based upon the certificate of the commissioner of the revenue. (b) Licenses issued under the provisions of Article II of this chapter, except those measured by other than gross receipts or CJrosa expenditures p¡gpç~!.!§, shall be subject to refund where the licensee goes out or····busTriess before the end of the current license year sUbject to all of the following qualifications: (1) ~;~:~se :::ei~~ cu~~en\r~BCBens~~~~~i:::;B be ~ I obtained throughout the preceding calendar yeaf'~""'"'''''''''''''''' l ~ I I ~ December 12, 1995 9Ø9 (2) The reason for going-out-of-business in any manner with the violation of local ordinance or violation of regulations made pursuant thereto. is not connected any state law or any rules or (3) The amount of refund shall be determined in the following manner: If the licensee goes out of business before the end of any month except December, the refund shall be calculated by dividing the tax paid for that year's license by a fraction in which the numerator shall be the number of months remaining in the calendar year following the month in which business ceases and the denominator is the number twel ve ( 12); but in no case shall the refund reduce the tax below the minimum as provided by this Code. (4) No refund shall be made of any minimum flat tax or of any other flat license fee not based on gross receipts. (c) Refunds based on licensee going out of business shall be made in the same manner as herein provided for erroneous assessments. (d) If any person seeking a refund is indebted to the county or any department or office thereof, or is indebted to any state constitutional office of the county for a local levy, the refund, or so much thereof as is necessary, shall first be applied to such indebtedness. , (e) Any person who has been properly issued a license may apply for a refund prior to the date upon which the license was to become effective by providing satisfactory evidence to the commissioner of the revenue that the business was never commenced or the sale, show, performance, or exhibition will not take place. Upon being satisfied that such license was never in effect, the commissioner of the revenue may authorize a refund of the license fee gl:~::::~.I:~~~:~~II:iª~~f:: less a thirty dollar ($30.00) processing fee. See. 19 16. IBsuffieieB~ assessmeB~' paymeB~ af addi~ieBal ~aK fauad ~e he due. If thc commissioncr of thc rcvcnuc asccrtains that any asscssmcnt of a liccnsc tax lc·,t"ieà under thc þro~:i3ions of this chaptcr fer any of thc threc (3) liccnDc tax ycars last past er for thc thcn currcnt liccnsc tax ycar wa3 for le3s than thc cerrect amount, and thc asscssmcnt of thc liccnsc tax at thc lcsser amount was not duc te thc liccnscc's fraudulcnt intcnt to e7ade tax~s, then thc commissioncr of thc rcvcnue shall asscss thc licenscc with thc ~ II""" 910 December 12, 1995 þ additional license tax found to bc duc. renûlty and interest at the rate provided under 3ection 10 6 shall accrue thereon from the date of the aßßcssment until payment; provided, if such ûß3csament was neccsßitated through no fault of the taxpayer, such penalty and interest shall accrue aftcr thirty (30) daYD from such date of aßßcssment until paymcnt. Sec. 10-17. License as personal privilege. Every license issued under the provisions of this chapter shall be deemed to confer a personal privilege to transact, car~ on, or conduct the business, profession, trade, ef occupation QmmëiwWfng which may be the subject of the license, and shall not be:·:·:·:·:·ë:X'e'FèTs·ed except by the persons licensed. Sec. 10-18. Enforcement of chapter. (a) In the enforcement of the provisions of this chapter the commissioner of the revenue of the county, in addition to the powers herein specifically granted, shall have all and the same enforcement authority with respect to county licenses that state law confers upon I commissioners of the revenue generally with respect to state licenses. As one of the means of ascertaining the amount of any license tax due under the provisions of this chapter, or of ascertaining any other pertinent information, the commissioner of the revenue may require taxpayers or their agents or any person, firm, or officer of a company or corporation to furnish information relating to tangible or intangible personal property, income, or license taxes of any and all taxpayers; and require such persons to furnish access to books of account or other papers and records for the purpose of verifying the tax returns of such taxpayers and procuring the information necessary to make a complete assessment of any taxpayer's tangible and intangible personal property, income, and license taxes for the current year. (b) The commissioner may, for the purpose of assessing all taxes assessable by his office, summon the taxpayer or any other person to appear before him at his office, to answer under oath, questions touching the tax liability of any and all specifically identified taxpayers. The commissioner shall not, however, summon a taxpayer or other person for the tax liability of the taxpayer which is the subject of litigation. (c) Any person who refuses to (i) furnish to the commissioner of the revenue access to books of account or other papers and records, (ii) furnish information to the commissioner of the I revenue relating to the assessment of taxes, (iii) answer under oath questions touching any person's tax liability, or (iv) exhibit to the commissioner of the revenue any subject of taxation liable to l ~ I I ~ December 12, 1995 911 ( assessment by the commissioner of the revenue, shall be deemed guilty of a Class 4 misdemeanor. Each day's refusal to furnish such access or information shall constitute a separate offense. Sec. 10-19. 1.'=: Any person who shall willfully fail or refuse to file a business;"'..'..l:icense tax return as required by section 10-4 shall be guilty of a violation of law. Upon conviction for such failure, the person shall be punished as a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is one thousand dollars ($1,000.00) or less and as a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than one thousand dollars ($1,000.00). Secs. 10-20--10-29. Reserved. ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS .. - ~ II""" 912 December 12, 1995 þ Sec. 10-30. Contractors and eentraetinql persons eonstructinq on their ova aeeeunt fer sale. (a) Every peraoR eRgagcd iR the busiRco3 of cORtractiRg !II@ !11':li:!"~'º~':!~'I"~í~ê~g\~·.·:'::P'~"'I,m:::··~:g'æ:;::!':!'!EM!!~f'~ p:;d f~~rs~~·~ privilege aR aRRual liceR3c tûx of P.Ã:::r¡ñ:::::::.~:@:.:::::@ºj\ªµñÞ:::.::..:ª~ sixteen cents ($0.16) per one hundred dollars ($lÖÖ·:···ÓÖ)""·'··"6t·'·'····g'rÔSS····'?ê'deipts from the business during the precedif.l9........,c::,ë;l,lendar year or thirty dollars ($30.00), whichever is higher gÊiA!~E' (b) "Contractor" means any person, firm or corporation: (1) Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other building material; (2) Accepting or offering to accept contracts to do any paving, curbing, or other work on sidewalks, streets, alleys, or highways, on publ ic or private property, using asphalt, brick, stone, cement, concrete, wood, on any composition; I (3) Accepting or offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of-way; (4) Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta, or other material; (5) Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing, or maintaining electric wiring, devices, or appliances permanently connected to such wiring; or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; or (6) Accepting or offering to accept an order or contract to ~remodel, repair, wreck, or demolish a building; or (7) Accepting or offering to accept an order or contract to I bore or dig a well; or ~ ~ ~ December 12, 1995 ~ (8) Accepting or offering to accept an order or contract to install, maintain, or repair air-conditioning apparatus or equipment; or (9) Engaging in the business of plumbing and steam fitting! Sec. 10-31. Retail!š sales. t.~_~ ø!1 twenty cents ($0.20) per one hundred dollars ($fð'õ"':"'ð''ö')'''''''''''''Bl''''''''''g'iO'sî; ~~~~~~t~off~:s t(~~ o~I'~~I:f:~'f~":!:::::"'hi~~~~e~giil~,~ense ~ year or I (c) Any person who is both a wholesale merchant and a retail merchant is subject to the retail license tax for the retail portion of the business and the wholesale license tax for the wholesale portion of the business. Such person may, however, obtain a retail license for both the retail and wholesale portions of the business. See. 10-32. Financial services. (a) E......cry financial scrvicc IIU'I~'I!I'!"" I pcrson cn~agcà in thc Busincss of pro7iàing a ~\\':'1"'Î'!:':ffi:'I'ñl':'t)'W:':gi,!9~\"'~ï"'!"¿:::::::::,'~ of fifty cents ($0.50) per one hundred dollars ('$100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher Bil§BIg. serviá~) f~:Y c~~~:~~a~~~:crf:~ t~c~~:r'.8:~\+:::::::::II!r~~Î~'!¡I"!¡lf!!\i':::¡::::ill investment company, a broker or dealer in sêcurities and commodities or a security or commodity exchange::;'!: is pro......iàing a financial sCr\"icc, unless such service is spccifically ifb.Q@f1Wii:i@ provided for undcr anothcr scct:ion~ñ::[¡:.:i::!:::::::gEï:ln!ns!. ,.";,,;;;;;,;,;;;;.;,;,;,;,;,;.;.;,;,;,,,;;';;;;"'""";,;,,,;,; ~ ""'" 914 December 12, 1995 þ I[liC_ii¡¡iP~1Ii'._- IIJli.ìi,t~li1111111111.1IfI- 1_111- .,.1..1"'- (c) Those engaged in rendering financial services include, but are not limited to, the following: Buying installment receivables Chattel mortgage financing Consumer financing Credit card services Credit unions Factors Fináncing accounts receivable Industrial loan companies Installment financing Inventory financing Loan or mortgage brokers Loan or mortgage companies Safety deposit box companies Security and commodity brokers and services stockbroker Working capital financing other money lenders (d) Any person other than a national ban]c or a bank or truat company or~aniEcd undcr thc la~s of this 3tatc, or a duly liccn3cd and practicing attorncy at law, '.;ho cngagê3 in, thc busine33 of buyin~ or selling for othcra on commiosion or for othcr compcnsation, sharc3 in any corporation, ßond3, notcs, or other cvidcncc3 of dcbt is a stoc)œro}ccr. Thc fact that ordcrs arc ta]ccn cmbj cct to approval by a main officc docs not rclicvc thc bro]ccr from local liccnsc taxation. I I l ~ ~ December 12, 1995 9-15 Also, aft iftsuraftcc co~afty engaged in sclling mutual funds i3 a hro]ccr as to that portion of its husiftcss. Sec. 10-33. Real estate services. ~iiii~ljt.,~ 'tii"""'fhe""""åiiiõîiñf""''6£ fifty cents ($0.50) per one hundred dollars ($100.06')'" of gross receipts from the business during the p~~~~4~~g calendar year or thirty dollars ($30.00), whichever is highcr §ggii~~. Every person whose gross receipts in the preceding calendar yeiàF·"··"S-nall be less than three thousand dollars ($3,000.00) from any real estate service shall be exempt from the requirements of sections 10-4-tat]:S:):: and 10-5 of this chapter. ......,',... (b) Any pcrson :~:III+::i:::::::::!j!!!~:::::::::::ª~.$Š!~~~::::::::::::illw*::i:::::::::m!:!ø, rendering a service for compensatiõri....äs....'1es's()r'~..·..buyei~';.."s'j:illË.Ù~·;....·di~·clt3pcr, agent or broker ~ äfiU providing a real estate service, unless the service is I _. specifically provided for ""de.. a"ethcr sectie" __ (c) Those rendering real estate services include, but are not limited to, the fOllowing: Appraisers of real estate Escrow agentg, real estate Fiduciaries, ·····'·'real estate Lessors of real property Real estate agents, brokers and managers Real estate selling agents Rental agents for real estate Sec. 10-34. Professional services. I (a) Evcr}' pcrsoft conductiftg or cftgagiftg in thc husincss of ~~ hundred dollars ($10CL"'ð'trr"""''6'f''''''''gFô'S's{'''''receipts from the occupation during t~e pre~~~i~~=calendar year or thirty dollars (~30.0?), whichever,is h1ghcr g;g@I~. Every person whose gross rece1pts 1n the preced1ng calendar""""··YEiiir'·'·'·, shall be less than three thousand dollars ($3,000.00) from any professional service shall be exempt from the requirements of sections 10-4fätiêl and 10-5 of this chapter. '....i II""" 916 December 12, 1995 þ (b) A qp'~!.~,t:)~qq.~~q...f::,~9(l9.<::ª,J~q.qP'!.~...~ª~,!t.9......ë:l..,profe3a ional 3erv ice if :~~~Ï~~C:~ly~Š~~!~~~!~~~ij~:!'!'~!5!~~·Fg~':~f:gm!~, ~~~~;~:r¿n ~; v~~~t~~ in which a professed knowledge of some department of science or learning, gained by a prolonged course of specified instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The wordi "profession" ªpª:p~ª'~~@~~gñªW implics imply attainments in professional knowledge äS""dTátIriëjuished from mere skill, and the application of knowledge to uses for others as a vocation. ::tQl; Those engaged in rendering a professional service include, but arê-"not limited to, the following: Architects Attorneys-at-law certified public accountants Dentists Engineers Land surveyors I Practitioners of the healing arts (a3 dcfincd in Virqinia Code Fro"'_.~~ counselors) rsycheloqists Cecial yer)œrs Surgeons Veterinarians (c) The pcrforming of aervices dcaling \;ith thc conduct of susineaa itself, includinq the promotion of aalCD or 3crvicea of auch susineßs and consultinq 3ervicc3, do not conatitute the practice of a prefession, even though the scrvicc:) invòlvc the application of a specialized knowledqe. (d) certification aD a professional by itaclf ia not sufficient to eataaliah liability for local license taxation. Alao, the fact that a professional is compenDated by mcana of a aalary is not sufficient by itself to relieve that profcoaional from local license tax liability. (e) Cross receipts for purpo3ea of local license taxatien as a I professienal include only those groos receipts obtained from the ' practice of that profession a3 a bus incas, \fflether it se on a full or part time basis, in corporate, partnerohip, aole proprietorship, or l ~ I I ~ December 12, 1995 91=7 aßsociation form. It is the intcnt of thio ocction to tax individually thosc pcrsons practicinq a profc3ßion. The mcaourcment of cach liccnßc in subscction (b) ohall bc a3 follows: (1) rractice of él profcooion 0.0 an individual. DaDi3 of cach individual liccnoc 3hall bc "gro33 reccipto" aD dcfincd in eJcction 10 1. (2) rracticc of a profc3sion as a mcmbcr of a profe3sional association or ao a member of û partncrDhip. Bûßiß of cach individual liccnsc 3hall bc "qro3D rcccipts" as defined in eJcction 10 1; provided, howcvcr, that cach individual liccRßc ohall bc meûßurcd by 3alary aRd 3uch part of thc qrooß rcccipto of thc profeooional a30ociation or partncrohip rcmaininq after the paymcnt of oalarico to all mcmbcro of thc profeosional association or partncr3hip in thc proportioR of thc intercst or o~Rerohip of thc liccRoee in thc aooociatioR or partnerohip. (J) rracticc of a profeooion as an employcc of another per30R practicinq thc same or relatcd profe3::3Íon. Da3iß of cach individual liccRßc 3hall be the amount of the oalary paid. In 3UCB caßc thc oalary may bc claimcd aD a deduction from thc liccnoc baoio of thc cmploying profc33ioRal pcrooR. Sec. 10-35. Repair service occupations. ~k,;;i1=~~i~::~~~~~:;clhc{~~'S! äRWi.u of thirty-four cents ($0.34) for each one hundrea:':':':':':aõIT'ã'Fs ($1'66:::'00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher mËIII!5 . (b) Repair service occupations include, but are not limited to, MII::::::::!il!:Ellm: Airplane repair Auto repair, engine repair of any type Bicycle repair Business and office machines repair Clothes, hats, carpets or rugs, repair of Dressmaking, slip covers, drapery and/or curtain making (service only) Furniture, upholstering, repair of Gunsmith, gun repairing ~ II"'" 918 December 12, 1995 þ Locksmith Machine shop, boiler shop Mattresses, repair of Nickel and chrome plating Paint shop, other than contractor Radio, refrigerators, electrical appliance, home appliances, repair of Reweaving Road machines, farm machinery, repair of Saw, tools, repair of Shades, repair of Shoe repair Tire repair Toys, repair of Umbrellas, harness, leather goods, repair of Washing, automatic-cleaning of automobiles Watches, clocks, repair of Welding shop Other repair services. Sec. 10-36. Personal and business service occupations. I (a) Every per~on engaged in the bu~ine3o of providing a per~eßal -"'tiïÍlB1r~]!!~'!f:~~~!~ hundred dollarå"""'r$I'60:"66Y"'Õf"'g'ross receipts from the occupation during the prec::,~q~,l.lg....calendar year or thirty dollars ($30.00), whichever is hi~her Q#@31@M. Every person whose gross receipts in the preceding calendar·····""§e'ii'i'······shall be less than three thousand dollars ($3,000.00) from any personal or business service shall be exempt from the requirements of sections 10-4+ã7{~~R~:: and 10-5 of this chapter. .,. œÞXfèt Those rendering a personal or business service include, but are=not limited to, the following: Addressing letters or envelopes Advertising agencies Airports Ambulance services Amusements and recreation services (all types) I ~ ~ ~ December 12, 1995 ~ I Animal hospitals, grooming services, kennels or stables Artists Auctioneers and common criers Automobile driving schools Barber shops, beauty parlors, schools and services Bid or building reporting service Billiard or pool establishments or parlors Blacksmith or wheelwright Boat landings Booking agents or concert managers Bottle exchanges Bowling alleys Business research and consulting services Cemeteries Chartered clubs Child care attendants or Child or adult home care Cleaning chimneys and/or Clinical laboratory Coin machine operator Collection agents or agencies Commercial photography, art and graphics Commercial sports Computerized information retrieval service Dance band Dance halls, studios and schools Data processing, computer and systems development services Developing or enlarging photographs Detective agency and protective services Domestic service registry Drafting services Electrolysis or scalp treatment Engraving Erecting, installing, removing or storing awnings Escort service Extermination services Freight traffic bureaus Fumigating or disinfecting Funeral services and crematories Golf courses, driving ranges and miniature golf courses Hauling of sand, gravel or dirt Hospitals, profit and nonprofit Hotels, motels, tourist courts, boarding and rooming houses and trailer parks and campsites House cleaning services Information bureaus Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like and hairdressing establishments, schools registry furnaces I ,::~N:'~ II"'" 920 December 12, 1995 þ Interior decorating Janitorial services Labor service Laundry cleaning and garment services including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpet and upholstery cleaning Limousine service Mailing, messenger and correspondent services Mass~ge Therapists Massage Technicians Movie theaters and drive-in theaters Musician Nickel plating, chromizing and electroplating Nurses and physician registries Nursing and personal care facilities including nursing homes, convalescent homes, homes for the retarded, old-age homes and resthomes Packing, crating, shipping, hauling or moving goods or chattels for others Parcel delivery services Parking lots, public garages and valet parking I Pawnbrokers Personal services, labor agents and employment bureaus Photographers and photographic services Photocopying Physical fitness establishment Physicians registry piano tuning Picture framing and gilding Porter services Press clipping services Private investigation Promotional agents or agencies Public relations services Realty multiple listing services Renting or leasing any items of tangible personal property Reproduction services Secretarial services Septic tank cleaning Shoe repair, shoe shine and hat repair shops Sign painting statistical service storage--all types Swimming pool, other than nonprofit or cooperative swimming pool maintenance and management I Tabulation services Tanning salons Tax preparers (other than professionals listed in section 10-34) ~ ~ ~ December 12, 1995 9$i Taxicab companies Taxidermist Telephone answering services Theaters Theatrical performers, bands and orchestras Towing services Transportation services including buses and taxis Travel bureaus Tree surgeons, trimmers and removal services Trucking companies, intrastate and interstate (unless a certified motor vehicle carrier operating in the Commonwealth of Virginia and filing such annual report as required by section 58.1-2654 of the Code of Virginia) Turkish, Roman or other like baths or parlors Undertaker, embalmer Vehicle title service Wake-up services Washing, cleaning or polishing automobiles Writers other personal or business service occupations. II Sees. 10-37--10-39. Reserved. ARTICLE III. SPECIAL LICENSE PROVISIONS Sec. 10-44. Wholesale merchants. (a) Every person engaged in the business of a wholesale merchant shall pay for the privilege an annual license tax of five cents ($0.05) per one hundred dollars ($100.00) of gross cxpcnditures P9111~!!! in the preceding license tax year. (b) A wholc:Jalc mcrchant i:J one i;he :Jclls good:J, warc:J, and mcrchaRdiec te ethcr pcrsoRs fer rcsale and i;ho hû!3 a defiRitc placc I Sec. 10-50. Massage parlors. ~ """ 922 December 12, 1995 þ (a) Every person operating a massage parlor shall pay an annual license tax of five thousand dollars ($5,000.00) not transferable to another person or subject to proration for a part of a license year. (b) A massage parlor is defined as any place where manipulation of body tissues for remedial or hygienic purposes, or any other purpose, is conducted and the owners and employees individually de Ret held ~alid masßage thcrapiat permit3 or physiotherapy licCR3€s 1~8ñªfi .............,......................................................... ........................................................................ Sec. 10-54. savings and loan associations. qn(tgn E~~~~e ~~vi~ng:fff~~ i~o~~c:::~c:f;~f~ R~!~:ðì!~1Þ!6\'t~~pllt¥l:::::::::~I'ã!~ âññùâl license fee of fifty dollars ($50.00). Sec. 10-56. Public service corporations. (a) Every public service corporation engaged in the business of I providing telephone, telegraph, water, heat, light, or power service shall pay for the privilege an annual license tax of one-half of one ~~:~~;~{t~:l~~;:b~Jons~s~~:!iiF}!_-...:i~:~~ Virginia. (b) In the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. (c) For the purposes of this section, gross receipts shall be ascertained as of the thirty-first day of December of each year and the tax for the current caleRdar~~ª~nªi year shall be based on EBe IÊêli receipts for the preceding cåîêiiãar' year. ::;:::;:;:;:;:;:::;:::; (d) The tax imposed by this section shall be assessed on the ~g;~5~if:~ê:~:~~E.i~~;~~::i~i~~1:: (e) Excluded from the provisions of this section are gross receipts attributable to service supplied to the governments of the united states and Virginia, their political subdivisions and agencies, I and charges paid by the insertion of coins into coin boxes of pay telephones. l ~ I I ....... December 12, 1995 m 2. That Section 21-2 of Article I, Chapter 21, TAXATION, being a duplication of Section 10-56 of Article III, Chapter 10, LICENSES, of the Roanoke County Code be, and hereby is, repealed in its entirety: Chapter 21 TAXATION. ARTICLE I. IN GENERAL Bee. 21 2. utility franehiso 1iecnse tax. (a) An annual franchise licensc tax is hereby imposcEl on cach telephone, telegraph, heat, light and power company for the pri7ilege of doing husine3G uithin the county, at a rate of one half of one percent\::Ht\ of the gr030 receiptG of (mch bU3ineso accruing to Guch company from SUCR bUGineso in thc county. The business shall exclude from calculation grocio receipts carned within the corporate limitG of the Town of Vinton, Virginiù. (b) For the purpoGeG of this scction, gross receipt3 shall be ascertained as of the thirty firGt day of DccemBer of each year and the tax for the current calendar year Ghall be bascd on receipts for the preceding calendar year. (c) The tax imposcd by thio oection ohall be aOGessed rin the firGt day of January of each calendar year ùnd 3hall be due and payahle to the trea3urer of the county on or bcfore the fir3t day of June following the date on ~hich the tax i3 aaacs3ed. (d) Excluded from the provlsl0no of thia section arc groa3 receipts attributaale to scrvice supplied to the governmenta of the united ctatea and Virginia, their political 3ubdi7ision3 and agencies, and charges paid by the insertion of coins into coin boxes of pay telephones. 3. That this ordinance as amended and reenacted shall be in full force and effect on and from January 1, 1996. tL On motion of Supe~isor Minnix to adopt the ordinance, and add ~ssage Therapist and M~sage Technician to section 10-36, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens 11. ordinance amendina and reenactinq sections of Cha~ter 11. Massaqe Parlors, of the Roanoke County Code to .~ JI""'" 924 December 12, 1995 þ permit cross-aender massaaes bv aualified massaae therapists and improve reaulations of massaae technicians. (Joseph Obenshain, Sr. Assistant county Attornev) 0-121295-25 Mr. Mahoney advised that there had been one change since the first reading of this ordinance. An exemption has been added to the end of section 11-1 for those individuals who can establish that they have certification for completion of curriculum of less than 500 hours which met the standards required at the time of such instruction. There was no discussion and no citizens requesting to speak on this issue. I Supervisor Johnson moved to adopt the ordinance with addition to Section 11-1. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens ORDINANCE 121295-25 AMENDING AND REENACTING SECTION 11-1. DEFINITIONS, SECTION 11-7. LIST OF MASSAGE TECHNICIANS TO BE DISPLAYED, SECTION 11-9. MASSAGE OF PERSON OF THE OPPOSITE SEX, SECTION 11-27. APPLICATION GENERALLY, SECTION 11-29. ISSUANCE, AND SECTION 11-47. APPLICATION, AND ADDING SECTION 11-13. TECHNICIANS TO ADMINISTER MASSAGES ONLY IN AUTHORIZED PARLOR, SECTION 11-14. EMPLOYMENT OF NONQUALIFIED TECHNICIAN, SECTION 11-15. RIGHT OF ENTRY OF HEALTH DEPARTMENT DIRECTOR, AND SECTION 11-16. MINORS OF CHAPTER 11 I MASSAGE PARLORS OF THE ROANOKE COUNTY CODE TO PERMIT CROSS- GENDER MASSAGES BY QUALIFIED MASSAGE THERAPISTS AND IMPROVE REGULATION OF MASSAGE TECHNICIANS l- ~ I I ~ December 12, 1995 9--2.S WHEREAS, the Board of Supervisors of the County of Roanoke adopted an ordinance in 1976 to regulate the abuse of massage administered by members of the opposite sex; and WHEREAS, the use of massage therapies and techniques is a legi timate treatment of the external parts of the human' body to promote physical health and fitness and to assist in rehabilitation efforts which has existed for many centuries; and WHEREAS, legi timate massage therapist have organized professional groups such as the American Massage Therapy Association and developed detailed standards for education and training of those individuals who wish to practice this beneficial craft; and WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, wishes to modify its current Massage Parlor ordinance so as not to unfairly restrict the bona fide activities of legitimate massage therapists and those administering massage as part of a medically recognized program of treatment; and WHEREAS, the first reading of this ordinance was held on November 21, 1995; and the second reading and public hearing for this ordinance was be held on December 12, 1995. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 11, MASSAGE PARLORS of the Roanoke County Code be amended and reenacted as follows: SEC. 11-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless clearly indicated to the contrary: . . . . Massaqe: A method of treating the external parts of the human ~~dYh/g\':A.r6~~I!!~I!:!~!:::p.'ir~'lf'~'+§¥~¥\\':ì~f~::~R!"!'!~~ ~:e:defnegdi~; tapping or vibrating with the hand or any instrument. Massaqe Darlor: Any establishment having a fixed place of business where any person administers or gives a Turkish, Swedish, vapor, sweat, electric, salt, magnetic or any other kind or character of massage, bath, alcohol rub, fomentation, manipulation of the body .iiiííi"'__ -:::~ II"'" 926 December 12, 1995 þ I . . . . Sec. 11-7. List of massage technicians to be displayed. :¡t:ll:' Every person holding a massage parlor permit issued under I l ~ I I "'IIIIt December 12, 1995 92=7 this chapter shall display, in a conspicuous place at such parlor, a list of all massage technicians employed in the parlor. :::;.;.;.;..:..::......;:::::.:.:::::;:::::;: . . . . Sec. 11-9. Massage of person of the opposite sex. (a) It shall be unlawful for any person to administer, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any fomentation, any bath or any electric or magnetic treatment, nor shall any person cause or· permit in or about his place of business, or in connection with his business, any agent, employee or servant or any other person under his control or supervision to administer any such treatment to any person of the opposite sex. . . . . . ~ -.. ~ II""" 928 December 12, 1995 þ . . . . Sec 11-27. Application generally. I (b) ..~1:l:..,élPP:IJc:at:~on submitted pursuant to this section shall contain *n,!::::¡:::&:R!:4A~~~ª: (1) I ..... ~ I I ~ December 12, 1995 ~ Sec. 11-29. Issuance. Within ~J.1.P$Y fourteen aUJ.±-4- days of the receipt of an application un'èfEii'P-'·"·lhis article, th'ê Director shall issue the permit if he shall find that: ( 1) The premises to be used or constructed meet the requirements ~~i;~est!"~!1 Of~~~~~~n~f c~~:' co~~t:~ported by the RM§BiR (2) The applicant's facilities comply with the requirements of this chapter; <1'3- ) The experience and knowledge of the applicant are such that the operation of the proposed massage parlor will not be detrimental to the health and safety of the patrons; The information in the application is truthful. <t'-) . . . . Sec. 11-47. Application. An~ person who, des,ires ~o secure, a massage,.,~:,~:f~.~.!:~:!~:,!..1,:.::.:,:~,.,:.:.:p.:~:~,!,~:':':."ff":' ~ II""" 930 December 12, 1995 þ ::~!:),:::::::::::::::::II.llìilllílll.II¡.I::p;;~a::n::9::::9 O:r:=:n::~;::;:~I;I~;: ............. . .. ..... .... .............. .................................................................................:.................:.....::......:;:::;:..:.:.::.:.:::...:::;::.......:....:...:.. !nl:::::::iE~¥Æ8H!::::::::~~ÊI!.-:::::.~:.g:·~:::::,::¥~~F§~:: ..."".".... 'Phe application :3aall contain the name, addre:33, telephone numèer, laßt prcviouß addre3:3, date of birth, place of birth, height, wei~ht and current and last pre?iouß place of employment of the applicant. 2. That this ordinance shall be in full force and effect from and after January 1, 1996. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens IN RE: PUBLIC HEARINGS DEFERRED I Chairman Minnix announced that the following public hearings were deferred by the Planning Commission: h ordinance to rezone 11.47 acres from R-3 to C-2 to allow commercial uses. located on the west side of Oaden Road at the terminus of Leslie Lane, north of NS Railroad tracks, Cave sprina Maaisterial District, upon the Detition of Industrial Deve10Dment Authoritv (Anaie Laina). ~ Ordinance to rezone 6.7 acres from R-3 to C-2 to allow commercial uses, located on the west side of Ogden Road, north of the NS Railroad tracks, Cave Sprinq Maaisterial District, upon the petition of Industrial Development Authoritv (Stranna Arthur). IN RE: PUBLIC HEARINGS WITHDRAWN Chairman Minnix announced that the following rezonings were I withdrawn at the request of the petitioners: ~ ~ I I ~ December 12, 1995 9M h Ordinance to rezone 28 acres from AR to R-l to construct sinale familY residences, located on Yellow Mountain Road, Cave Sprina Maaisterial District, upon the petition of Saunders & Wells Investments. ~ Ordinance to rezone a portion of a 34.04 acre parcel from C-l to 1-2 to include this property within the industrial zonina area for expansion of Valley TechPark, located on the north side of Valley TechPark between the southern property line and Hope Branch Creek, Catawba Maaisterial District, upon the Detition of the Industrial Development Authoritv of Roanoke County (Helen Cox Richards). IN RE: OLD BUSINESS Mr. Hodge asked for an Executive Session to discuss pending litigation concerning the condemnation proceedings for the Brookwood well lot. Mr. Hodge advised that the School Board adopted a resolution approving the eight assumptions which were discussed during the earlier work session today, and that the Board needs to approve these assumptions. Supervisor Johnson suggested that these assumptions be approved in a resolution at the next Board meeting. IN RE: EXECUTIVE SESSION At 9:20 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (7) for consultation with legal counsel to discuss potential litigation regarding the Brookwood well lot. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Minnix, Johnson '...4 """ 932 December 12, 1995 þ NAYS: None ABSENT: Supervisor Nickens Supervisor Johnson advised that there would be action taken after the Executive Session. IN RE: CERTIFICATION OF EXECUTIVE SESSION R-12129S-26 At 9: 35 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 Johnson, KOhinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens I RESOLUTION 121295-26 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and I ~ ~ I I ~ December 12, 199~ ~ 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, KOhinke, Eddy, Minnix None Supervisor Nickens IN RE: BROOKWOOD WELL LOT h Resolution pursuant to Title 25 and section 15.1-238 of the Code of Virainia 1950, authorizina eminent domain proceedinas for the acauisition of and immediate riaht of entry to a 123 sa. ft. parcel of land owned by Michael H. Frank and to a 1,512 sa. ft. parcel of land owned bv Marie S. Harrison to establish the reauisite clearance for a public water source located off Woodbrook Drive. (Paul Mahonev, County Attornev) R-12129S-27 Supervisor Johnson advised that although it will only be four months before Spring Hollow Reservoir services the subdivision, he would support the right of entry to ensure that the subdivision will continue to have a supply of water. Supervisor Eddy advised that he felt that the Board had been forced into taking action by the comments made by adjacent landowners. Supervisor Eddy moved to adopt the resolution authorizing eminent domain proceedings. The motion carried by the following recorded vote: ...4 II""" 934 December 12, 1995 þ AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens RESOLUTION 121295-27 PURSUANT TO TITLE 25 AND SECTION 15.1- 238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF AND IMMEDIATE RIGHT OF ENTRY TO A 123 SQUARE-FOOT PARCEL OF LAND OWNED BY MICHAEL H. FRANK AND TO A 1,512 SQUARE-FOOT PARCEL OF LAND OWNED BY MARIE S. HARRISON TO ESTABLISH THE REQUISITE CLEARANCE FOR A PUBLIC WATER SOURCE LOCATED OFF WOODBROOK DRIVE , BE IT RESOLVED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of two small parcels of land for a well lot located off Woodbrook Drive in Brookwood Subdivision is necessary I to comply with the minimum size and area requirements established by the State Board of Health for operation of wells, to provide clearance from any contaminating source on all sides of the public water source. 2. That the subj ect parcels are necessary for the general health, safety and welfare of the citizens of Roanoke County. 3. That one parcel of land required for this pUblic water source is owned by Michael H. Frank and consists of 123 square feet, being more particularly described as follows: All that certain parcel of land, together with any improvements thereon, rights incident therèto, and appurtenances thereunto belonging, situate in the Windsor Hills Magisterial District of Roanoke County, Virginia, shown and designated as "AREA = 123 SQ. FT." as a portion of the "WELL LOT - Tax Map No. 86.03-3-16" upon the plat, dated November 11, 1994, made.by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A. This being a portion of the same real estate conveyed unto Michael H. Frank by deed dated December 29, 1976, from Graham Shepherd Garland, Jr., et ux, of record in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1056, page 120, and by quitclaim deed dated September 13, 1993, from Marie S. Harrison, widow, of record in the aforesaid Clerk's I Office in Deed Book 1417, 717. The above-described parcel is a portion of the property designated on the Roanoke County Land Records as Tax Map No. 86.03-4-12. l ~ I I "'II1II 'Decemher 12, 199; ()g:S 4. That the fair market value of said parcel of land, consisting of 123 square feet, is $55.00, which has been and hereby is offered to the owner, Michael H. Frank, for purchase of fee simple, marketable title to the subject parcel by the Board of Supervisors of Roanoke County, Virginia. 5. That the second parcel of land required for this public water source is owned by Marie S. Harrison and consists of 1,512 square feet, being more particularly described as follows: All . that certain parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Windsor Hills Magisterial District of Roanoke County, Virginia, shown and designated as "AREA = 1,152 SQ. FT." as a portion of the "WELL LOT - Tax Map No. 86.03-3-16" upon the plat, dated November 11, 1994, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A. This being a portion of the same real estate conveyed unto Marie S. Harrison by deed of gift dated January 5, 1991, from Thomas Carroll Harrison and Marie S. Harrison, husband and wife, of record in the Clerk~s Office of the Circuit Court of Roanoke County in Deed Book 1339, page 421. The above-described parcel is a portion of the property designated on the Roanoke County Land Records as Tax Map No. 86.03-4-14. 6. That the fair market value of said parcel of land, consisting of 1,152 square feet, is $680.00, which has been and hereby is offered to the owner, Marie S. Harrison, for purchase of fee simple, marketable title to the subject parcel by the Board of Supervisors of Roanoke County, Virginia. 7. That it is immediately necessary for the County to enter upon and take possession of such property to provide the necessary clearance for the continued operation of the public water supply in order to avoid any lapse or discontinuance of service to the citizens of Roanoke County, and to insti tute and conduct appropriate condemnation proceedings as to the above-described properties as provided by law. S. That a certified copy of this resolution, to be sent by certified mail to Michael H. Frank and Marie S. Harrison, on or before December 15, 1995, shall constitute further notice to said property owners of the offer to purchase as set forth above and notice of the intent to enter upon and take possession of said property to provide the requisite clearance for the well, as provided for in Section 15.1- 238 of the Code of Virginia, 1950 (as amended). ~ II""" 936 December 12, 1995 þ 9. That pursuant to the provisions of Title 25 and section 15.1-238 of the Code of Virginia, 1950 (as amended), the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, et sea., of the Code of Virginia, 1950, (as amended), and Section 15.1-238, all as made and provided by law. 10. That the County Administrator and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions through eminent domain proceedings, or otherwise. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Kohinke, Eddy, Minnix None Supervisor Nickens IN RE: ADJOURNMENT At 9:40 p.m., Supervisor Johnson moved to adjourn. The I motion carried by a unanimous voice vote wi th Supervisor Nickens absent. Submitted by, Approved by, ~9a01~ Deputy Clerk to the Board I, 1/- I ~