HomeMy WebLinkAbout10/25/1994 - Regular
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October 25~ 1994
779
Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 25, 1994
The Board of Supervisors of Roanoke County, Virginia, met
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this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of October, 1994.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Steve Harris,
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October 25, 1994
Baptist Children's Home. The Pledge of Allegiance was recited by
all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Proclamation Declarinq the Week of November 13 -
November 19, 1994 as American Education Week in
Roanoke County.
Chairman Eddy presented the proclamation to Frank
Thomas, Chairman of the Roanoke County School Board, Dr. Deanna
Gordon, Superintendent of Roanoke County Schools, Kit McCarthy,
Vice President of the Roanoke County Education Association (RCEA)
and Butch Kelly, President of the RCEA.
Supervisor Minnix moved to approve the proclamation.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
Introduction of Amy
Volunteer Coordinator
Rescue Chief)
Chief Fuqua introduced Amy Shelor who has been employed
to recruit and work with the fire and rescue volunteers.
L.
Fire
Shelor,
(Tommy
and Rescue
Fire and
Fuqua ,
IN RE:
NEW BUSINESS
h Request for Authorization to Provide a Three
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Percent Benefit Increase for Current and Future
Retirees. (Diane Hyatt, Finance Director)
R-102594-1
Ms. Hyatt reported that Senate Bill 2008 enacted by the
1994 Special Session of the General Assembly provides a three
percent increase in the monthly retirement for current and future
state retirees, retired elected Constitutional Officers and their
state funded staff, and professional School Board retirees. The
Bill requires adoption of a resolution by local governments to
include political subdivision employees and non-professional
School Board retirees. Ms. Hyatt advised that the FY 1996-97
costs for this benefit increase are -estimated at $199,000 for the
mandated groups and $163,000 for the non-mandated groups.
Assistant Director of Human Resources Kathy Claytor
reported on the results of a survey on how other localities are
handling the 3% increase.
Several Board members expressed concern that this was
essentially an unfunded mandate placed on local governments by
the state government. Chairman Eddy asked Board Clerk Mary Allen
to draft a letter to Governor Allen expressing this concern.
Supervisor Johnson moved to approve the resolution for
a 3% increase. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Minnix, Nickens
Supervisors Kohinke, Eddy
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October 25, 1994
POLITICAL SUBDIVISION RESOLUTION 102594-1 TO PROVIDE A 3%
BENEFIT INCREASE FOR CURRENT AND FUTURE RETIREES
BE IT RESOLVED that the County of Roanoke, Virginia
("County") does hereby elect to provide a 3% retirement allowance
increase as provided in the Code of Virginia, section 51.1-130,
51.1-155, 11.1-157 as applicable for its eligible current and
future retirees under employer code (5-5:~ªº).
BE IT ALSO RESOLVED that the County agrees to accept
all liability for any current or future additional employer
contributions and any increases in current or future employer
contribution rates resulting from its election to provide the
increase in benefits to its current and future retirees.
BE IT FURTHER RESOLVED that the County elects to allow
its eligible current and future retirees to receive the benefit
increase effective October 1, 1994.
NOW, THEREFORE, I, Lee B. Eddy, Chairman of the Board
of Supervisors (the "Board") of the County of Roanoke, Virginia,
and Mary H. Allen, Clerk of the Board are hereby authorized and
directed in the name of the Board to execute any required
contract in order that said eligible current and future retirees
of the Board may participate in the benefit allowance increase as
provided for in the Code of Virginia. In execution of any
contract which may be required, the Seal of the Board shall be
affixed and attested by the Clerk, and said officers of the Board
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'October 25, 1994
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are authorized and directed to pay over to the Treasurer of
Virginia from time to time such sums as are due to be paid by the
County for this purpose.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Nickens
NAYS: Supervisor Kohinke, Eddy
L.
Request for AÐÐroval to ParticiÐate in the Hanqinq
Rock Battlefield and Railway Preservation
Foundation. (TimothY Gubala, Economic DeveloÐment
Director)
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A-102594-2
Mr. Gubala reported that several organizations have
been meeting with County staff to explore ways to better
recognize the historic significance of the Battle of Hanging Rock
and the Valley Railway in the Roanoke County-Salem area. The
consensus was that the groups should form an "umbrella"
organization named the Hanging Rock Battlefield and Preservation
Foundation to carry out education, charitable and historic
preservation activities. The organization will include members
of the Salem Historical Society, united Daughters of the
Confederacy, Sons of Confederate Veterans, Roanoke Valley
I Historical Society, the National Railway Historical Society, a
representative of the Salem City Council and a representative of
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October 25, 1994
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the Board of Supervisors. Mr. Gubala requested that the Board
allocate no more than $5,000 of pUblic-private partnership funds
from the Department of Economic Development and appoint him as
the Board's representative on the Foundation. He advised that
Salem City Council had appointed a member and appropriated
$2,000.
Supervisor Minnix moved to approve the request and
appoint Timothy w. Gubala to serve on the Foundation representing
Roanoke County. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
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h Request for
parkina Lot
Court)
Funds to Pave Courthouse Auxiliarv
(steven A. McGraw, Clerk of Circuit
Mr. McGraw reported that the leased parking lot across
from the Courthouse is in need of paving and marking. The low
bid was received from L. H. Sawyer Paving Company for $43,691
Mr. McGraw requested that the Board of Supervisors approve
funding for the paving. He advised that the Courthouse
Maintenance Fund has been earmarked to meet needs such as leaks,
ventilation problems and other repairs at the Courthouse. He I
explained that it was necessary to make a decision at this time
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October 25, 1994
785
because the parking lot needed to be paved before cold weather
became a factor.
Several Board members expressed concern about making
improvements to leased property.
Mr. Hodge advised that there
are 2-1/2 years remaining on the lease with an option for five
more years.
There was no action taken on this request. Mr. Hodge
was asked to meet with the Courthouse staff to prioritize the
$166,000 in courthouse needs to be funded from the Courthouse
Maintenance Fund.
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IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
h Ordinance to Rezone ApproximatelY 177 Acres from
I-2C to I-2C to Amend Proffered Conditions for
Buffer Yards, Located on Route 11/460, Two Miles
West of Exit 132 of 1-81 in the Catawba
Haaisterial District, Upon the Petition of the
Industrial Development Authority.
Supervisor Johnson moved to approve the first reading
and set the second reading and public hearing for November 22,
1994. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
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October 25, 1994
IN RE: FIRST READING OF ORDINANCES
h Ordinance Declarina a Parcel of Real Estate (Well
Lot) Identified as Tax Hap No. 86.01-1-23,
Toaether with Appurtenant 15' Driveway and Water
Line Easement, Located Off Landview Drive to be
Surplus and Acceptina/Reiectina Offer for the Sale
of Same. (John Willey, Property Manaaer)
Mr. Willey reported that the subject well lot is
completely surrounded by land owned by the adjoining property
owner and has been removed from service by the utility
Department. The owner of the surrounding property was given the
right to use the well to water livestock. A written offer to
purchase the well lot and easement has been received.
Supervisor Eddy moved to approve the first reading and
set the second reading for November 22, 1994. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
h
Ordinance Authorizina the Acquisition of 3.5009
Acres of Land from Salem Stone Corporation in
Connection with the Dixie Caverns Landfill site.
(Paul Mahoney, County Attorney)
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October 25,,1994
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0-102594-3
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 102594-3 AUTHORIZING
ACQUISITION OF 3.5009 ACRES OF LAND
SALEM STONE CORPORATION IN CONNECTION
THE DIXIE CAVERNS LANDFILL SITE
THE
FROM
WITH
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WHEREAS, in connection with the cleanup of the Dixie
Caverns Landfill and in order to comply with EPA regulations and
standards within a specific time frame as set out in the
"Administrative Order By Consent For Removal Action," it is
necessary to acquire 3.5009 acres of land owned by Salem Stone
Corporation, and designated on the Roanoke County Land Records as
Tax Map No. 63.00-1-13; and,
WHEREAS, the property is shown and designated on a plat
entitled "Plat Showing Property Being Conveyed To Roanoke County
By Salem Stone Corporation", dated August 17, 1994, prepared by
Roanoke County Engineering Department; and,
WHEREAS, staff has negotiated the purchase of said
property from Salem Stone Corporation for the sum of $3,000.00;
I and,
WHEREAS, Section 18.04 of the Roanoke County Charter
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October 25, 1994
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directs that the acquisition of real estate be accomplished by
ordinance; the first reading of this ordinance was held on
October 11, 1994; and the second reading was held on October 25,
1994.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized
to acquire 3.5009 acres from Salem stone Corporation for the sum
of $3,000.00.
2. That the purchase price shall be paid out of the
funds available for the Dixie Caverns Landfill Cleanup Project.
3. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the
acquisition of this property, all of which shall be approved as
to form by the County Attorney.
4. That this ordinance shall be effective on and from
the date of its adoption.
On motion 'of Supervisor Nickens to adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
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Ordinance Authorizina Exchanae of
Between Shimchock' s Litho Service,
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Real Estate
Inc. and the
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County of Roanoke. (Paul Mahoney, County Attorney)
0-102594-4
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 102594-4 AUTHORIZING
EXCHANGE OF REAL ESTATE BETWEEN
SHIHCHOCK'S LITHO SERVICE, INC. AND
THE COUNTY OF ROANOKE
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia,
is the owner of a tract of land situate in the County
of Roanoke containing 8.881 acres (Tax Map No. 28.13-1-27); and,
WHEREAS, Shimchock's Litho Service, Inc. is the owner
of an adjacent tract of land situate in the County of Roanoke
containing 7.168 acres (Tax Map No. 28.13-1-27.3); and,
WHEREAS, the Shimchock's Litho Service, Inc. has
proposed an exchange of property with the County of Roanoke in
order to improve site location for a proposed building; and
WHEREAS, the proposed exchange of property does not
conflict with the present or proposed County use of its property
identified as Tax Map No. 28.13-1-27; and
WHEREAS, pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading concerning the
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October 25, 1994
exchange of said real estate was held on October 11, 1994; and a
second reading was held on October 25, 1994.
THEREFORE BE IT ORDAINED by the Board of Supervisors of
the County of Roanoke, Virginia as follows:
1. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, this exchange of real estate
does not conflict with other public uses and will ultimately
serve a public purpose; said real estate is hereby declared to be
surplus for economic development purposes; and,
2. That the conveyance by the County to Shimchock's
Li tho Service, Inc. of a 0 . 859-acre parcel of real estate in
exchange for the conveyance by Shimchock to the County of a
0.866-acre parcel of real estate as shown upon a plat entitled
"Plat showing the resubdivision of Tracts "B-1" and "B-2" (PB 10,
PG. 109) creating hereon NEW TRACT "B-1A" (7.168 AC.) PROPERTY OF
SHIMCHOCK'S LITHO SERVICE, INC. and NEW TRACT "B-2A" (8.874 AC.)
PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA,"
prepared by Lumsden Associates, P.C., dated 3 August 1994, of
record in Plat Book 17 at page 5, is hereby authorized and
approved.
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3. That the County Administrator is hereby authorized
to execute such documents and take such actions on behalf of
Roanoke County as may be necessary to accomplish the exchange,
all of which shall be on form approved by the County Attorney. I
On motion of Supervisor Johnson to adopt the ordinance,
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791
and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
h Ordinance Authorizina Conveyance of an Easement to
Appalachian Power Company for Electric Service
Extendina
Alona
Sprina
Grove
Drive
Across
Stonebridae Park.
0-102594-5
There was no discussion and no citizens were present to
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speak on this issue.
Supervisor Nickens moved to adopt the ordinance.
motion carried by the following recorded vote:
The
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
ORDINANCE 102594-5 AUTHORIZING CONVEYANCE OF
AN EASEMENT TO APPALACHIAN POWER COHPANY FOR
ELECTRIC SERVICE EXTENDING ALONG SPRING GROVE
DRIVE ACROSS STONEBRIDGE PARK OWNED BY THE
BOARD OF SUPERVISORS
WHEREAS, Appalachian Power Company (APCO) has requested
an easement for extension of underground lines across property
owned by the Roanoke County Board of Supervisors, located along
I Spring Grove Drive and known as Stonebridge Park in the vinton
District of the County of Roanoke, Virginia; and,
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October 25, 1994
WHEREAS, APCO requires the easement in order to extend
electric service to the subdivision of Hills of Spring Grove;
and,
WHEREAS, the proposed easement will serve the interests
of the public and is necessary for the public health, safety, and
welfare of citizens of the County of Roanoke.
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 October 11, 1994; and a
second reading was held on October 25, 1994.
2. That pursuant to the provisions 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.
3. That donation of an easement, fifteen feet (15')
in width, for an underground line(s) along each side of Spring
Grove Drive across and through the property known as stonebridge
Park, as shown on APCO Drawing No. R-3059, dated July 19, 1994,
to Appalachian Power Company is hereby authorized.
4. That the County Administrator is hereby authorizeœ
to execute such documents and take such further actions as may be
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October 25, 1994
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necessary to accomplish this conveyance, all of which shall be on
form approved by the County Attorney.
5. That this ordinance shall be effective on and from
the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
K.
CONSENT AGENDA
R-102594-6
Supervisor Minnix moved to adopt the Consent Resolution
after discussion of Item 2. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
Regarding Item 2, Mr. Mahoney advised that the small
well lots would be advertised at one time, while the larger,
buildable lots would be advertised following the first reading,
and that was the intention of paragraph (B) in resolution.
RESOLUTION 102594-6 APPROVING AND CONCURRING
IN CERTAIN ITEHS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
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October 25, 1994
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for October 25, 1994, designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Approval of Minutes for September 13, 1994,
September 15, 1994, September 19, 1994, September
26, 1994, and September 27, 1994.
2. Adoption of a Resolution Establishing Procedures
for the Sale or Disposal of Surplus Real Estate.
3.
Acknowledgement of Acceptance of 0.23 Miles of Fox
Ridge Road and 0.09 Miles of Fox Den Road into the
Secondary System by the Virginia Department of
Transportation.
4. Donation of a Drainage Easement in Connection with
the Falling Creek Project from Maurice C. Andrews,
Jr. and Linda E. Andrews.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Minnix to adopt the Consent
Resolution after discussion of Item #2, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 102594-6.a AMENDING AND
ADOPTING A PROCEDURE FOR THE SALE OR
DISPOSAL OF SURPLUS REAL ESTATE
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795
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Resolution 85-156 adoptèd September 10, 1985,
be, and hereby is, rescinded.
2. That the following procedure is hereby established
for the sale or disposal of surplus real estate:
A. Surplus County real estate shall be
identified and reviewed for possible sale 'or disposition.
Surplus property shall be made available for other public uses
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before permitting disposition by sale in accordance with section
16.01 of the Roanoke County Charter. This information should be
kept current as necessary.
B. At least annually, advertise a list of the
surplus real estate available for sale, or provide such other
form of public notice, at the discretion of the County
Administrator.
C. The Property Manager shall be responsible for
showing and coordinating the data that is provided to potential
bidders for this surplus property. Copies of the maps and other
pertinent data shall be on file in this office.
D. Upon receipt of an offer to purchase surplus
real estate, this offer shall be evaluated by the County
Administrator, County Attorney, and the Property Manager. The
II evaluation of offers and any staff recommendation shall be
reported to the Board of Supervisors of Roanoke County, Virginia,
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October 25, 1994
in executive or closed session, pursuant to Section 2.1-344.A.3.
to determine the Board's position on the offer or offers.
E. If the Board of supervisors is agreeable to
allowing the recommended offer to proceed, a first reading of an
ordinance proposing a sale of surplus real estate shall be placed
on the agenda at the next regularly scheduled meeting of the
Board. This first reading shall constitute notice that a bona
fide offer has been received and that other written offers may be
submitted to the County Administrator until 5 p.m. the Friday
preceding the next Board of Supervisors ,meeting when the receipt
of offers will be closed.
F. At the next regularly scheduled meeting of
the Board of Supervisors after the first reading of the proposed
ordinance, the Board may adopt the ordinance upon a second
reading and accept the best offer received or it may reject all
offers. Any acceptance of an offer shall be by ordinance and
shall authorize the County Administrator and County Attorney to
take such action necessary to complete the transaction.
G. No public disclosure of the identity of the
offeror nor of the terms and conditions of the offer shall be
made until the second reading of the proposed ordinance.
3. This procedure shall become effective from and
after the passage of this resolution.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
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AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
IN RE: REPORTS AND INQUIRIES OP BOARD MEMBERS
Supervisor Kohinke: He advised that he had been
invi ted by Bob Benninger to tour the new water treatment plant
and suggested that the Board take a tour of the plant. Mr. Hodge
responded that he would set up a tour that would also include
ValleyTech Park.
Supervisor EddY: (1) He attended the Virginia Museum
of Transportation meeting on greenways and advised that the
effort is to put together a grass roots group to work on the
issues. (2) He advised that at a meeting last week with the
Windsor Hills Advisory Committee,
Homebuilders Association, suggested
ridgelines and also suggested that a
(3) He received a Call from Jim Woltz, a realtor who was also
interested in ridgeline protection. (4) He announced that the
Fifth Planning District Commission will study the Route 311
corridor to improve transportation, especially for those from
other counties commuting to the Roanoke Valley. (5) He advised
that one of the recommendations of the Governor's Blue Ribbon
Strike Force dealt with property rights. He asked the Board for
support to contact legislators and members of the strike force
that Roanoke County opposes changes to the current state law that
Rick Whitney with the
some protection for the
study would be desirable.
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October 25, 1994
would make it difficult to use private property for public
purposes. The Board members asked for more· information. Mr.
Hodge said that he would provide copies of the strike Force
recommendations to the Board. (6) He announced that the 5th PDC
had received a $359,000 grant from FEMA for a stormwater
management program. He asked if the County should appropriate
their share. Mr. Hodge advised that he would have more
information on this soon and an appropriation is not necessary
now. (7) He asked about the complaint that the landfill
railroad spur was not fenced, and asked if the staff had received
a response from the Roanoke Valley Resource Authority. Mr. Hodge
advised that those property owners resisted offers and went to
court, and the terms were set as part of court case. He is not
sure that the railroad is now required to put fencing on their
property. Supervisor Minnix asked about the motorcycle riders.
Mr. Hodge wrote to Norfolk Southern requesting that the promises
be kept. (8) He received from the National Association of
Counties a request that the Board ask each candidate to sign a
pledge opposing unfunded mandates. There was no consensus to
pursue. (9) He expressed appreciation to the Roanoke Time &
World-News for providing information on the school board
candidates. (10) He asked when the leaf collection would begin.
Mr. Hodge advised that the collection would begin next week.
bagged collection will be weekly on the same day as
resident's normal garbage pickup.
The
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October 25, 1994
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Supervisor Nickens: He suggested communicating
condolences to Bedford County Board of Supervisors regarding the
death of their Chairman. Chairman Eddy asked Board Clerk Mary
Allen to draft a letter.
H. CITIZENS' COMMENTS AND COMMUNICATIONS
RoV Lochner. 3536 Brambleton Avenue expressed concern
about what he felt was a "glitch" in the land use program, where
landowners were not informed of the market values until they sold
the land. John Birckhead explained how the land use program
worked.
II Mr. Lochner also felt that the responses to burglaries
and other problems he has experienced on his property on
Brambleton Avenue had been handled slowly by Police Department
and pointed out that the County only had 18% clearance of
burglaries. Mr. Hodge described the County's efforts to work
wi th Mr. Lochner to resolve the problems. Chairman Eddy asked
that statistics on crimes in Windsor Hills be provided to Mr.
Lochner. Mr. Hodge advised that they had been offered to him and
were refused. Police Chief John Cease described the Police
Department's efforts to communicate with Mr. Lochner.
N. REPORTS
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Supervisor Johnson moved to receive and file the
following reports, after discussion of Items 6, 7, 8, 10, 11, 12,
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October 25~ 1994
and 13. The motion carried by a unanimous voice vote.
h General Fund unappropriated Balance
L. Capital Fund Una~propriated Balance
h Board Continaency Fund
.L. Accounts Paid - Auqust 1994
h Proclamation sianed by Chairman
h Bond proiect status Report
Supervisor Eddy expressed concern about the $300,000
cost for Appalachian Power Company's underground services at
ValleyTech Park. Supervisor Nickens expressed concern about how
the County will fund the grading at ValleyTech Park, and asked
the staff to investigate.
~ Quarterly Report on Police Department Traffic Unit
Supervisor Nickens advised that the Board approved the
traffic unit with ,the understanding that it would be self-
sustaining or the officers would be transferred to other
divisions. Supervisor Eddy pointed out that decal revenue was
not up to projections.
~ Report on Possible Recreational Activities at
Sprina Hollow Reservoir.
Supervisor Nickens recommended that Bob Hope and Lowell
Gobble be appointed to the coalition. Supervisor Johnson felt
that the County should begin to stock the reservoir now instead
of waiting for the reservoir to be completely filled.
~ statement of Revenues and Expenditures as of
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October 25~ 1994
8Q1
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September 30, 1994.
10. Report on 1991 Water Pro;ects
Supervisor Nickens asked several questions regarding
the filling of the pond and seepage. Mr. Robertson responded.
11. Report of Claims Activity for the Self-Insurance
Proaram.
Supervisor Nickens suggested that a Driver Training
Program could reduce accidents.
12. Report on Bulk and Brush Collection Service.
Supervisor Minnix suggested that the County needs to go
back to once a month pickup. Supervisor Johnson said that part
of the confusion was caused by tags on cans stating the former
.pickup dates. Supervisor Eddy asked Assistant County
Administrator Don Myers to check on the number of pickups in
Roanoke city. Supervisor Nickens advised that he would not
support any extra cost for pickup.
13. status Report on Road Improvements and
Installation of Traffic Liaht at Intersection of
Plantation Road and Old Hollins Road.
Supervisor Johnson asked that the Virginia Department
of Transportation conduct a traffic count. Mr. Hodge will write
to the area businesses to ask for their assistance to pay for
traffic enforcement. Supervisor Johnson advised that he felt
that Roanoke County was responsible for the short term
solutions.
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Odohpr 2;1 1 994
IN RE:
WORK SESSION
h Proposed Desian of the Roanoke County Strateaic
Vision Process (Terry Harrinaton, Plannina ,
Zonina Director)
Mr. Harrington presented the work session. He advised
that the objectives are to (1) involve the maximum number of
ci tizens in the planning process; (2) identify, understand and
promote communi ty values; (3) prepare a mission document; (4)
prepare a strategic action plan that will serve as a basis for
the 1995 comprehensive plan. He will use the previous planing
studies to aid in the vision process.
Mr. Harrington explained that the first step will be
preparation of a community profile including descriptive
information and community values.
The steering Committee which
would oversee the visioning process would be a large broad based
committee.
Mr. Harrington advised that the visioning process
will need funding of approximately $40,000 which would fund
technical and staff assistance, a communi ty values survey, a
newspaper sur.vey, and other expenses.
\
There was overall support from the Board for the
visioning process, but there was no consensus on whether or not
to appropriate funds.
IN RE:
EXECUTIVE SESSION
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october 25, 1994
8ØS
At 6:00 p.m., Supervisor Minnix moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (7) Consultation with legal counsel and briefings by staff
members pertaining to probably litigation, i.e. Annexation by the
Town of vinton and Turkey Hollow Road; Section 2.1-344 A (3)
Disposition of publicly held property located in the City of
Salem. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
1
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-102594-7
At 7: 00 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, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 102594-7 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
I
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
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804
October 25, 1994
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: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h
Ordinance to Rezone ApproximatelY 9.33 Acres from
1-1 Conditional to 1-1 to Remove Conditions,
Located off of Challenaer Avenue Approximately
1,000 Feet, Northeast of the Roanoke City line,
Hollins Maaisterial District, Upon the Petition of
Davis H. Elliot Company, Inc. (Terry Harrinaton,
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OCtober 25, 1994
8Ø5
Plannina & Zonina Director)
0-102594-8
Mr. Harrington advised that the petitioner is
requesting to eliminate all of the proffered conditions
previously placed on the property to improve its marketability
for light industrial purposes.
recommended approval of the petition.
Supervisor Johnson moved to adopt the ordinance. The
The Planning commission
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
1
NAYS:
None
ORDINANCE 102594-8 TO CHANGE THE ZONING
CLASSIFICATION OF A 9. 33-ACRE TRACT OF REAL
ESTATE LOCATED OFF OF CHALLENGER AVENUE
APPROXIMATELY 1,000 FEET NORTH OF THE ROANOKE
CITY LINE (TAX MAP NO. 50.01-1-2.2) IN THE
HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF 1-1 CONDITIONAL TO THE
ZONING CLASSIFICATION OF 1-1 WITHOUT
CONDITIONS UPON THE APPLICATION OF DAVIS H.
ELLIOTT COMPANY, INC.
WHEREAS, the first reading of this ordinance was held
on September 27, 1994, and the second reading and public hearing
were held October 25, 1994; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 4, 1994; and,
WHEREAS, legal notice and advertisement has been
II provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
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October 25, 1994
þ
County, Virginia, as follows:
1. Th~t the zoning classification of a certain tract
of real estate containing 9.33 acres, as described herein, and
located off of Challenger Avenue approximately 1,000 feet
northeast of the Roanoke City line, (Tax Map Number 50.01-1-2.2)
in the Hollins Magisterial District, is hereby changed from the
zoning classification of I-I, Conditional, Industrial District,
to the zoning classification of I-I, Industrial District.
2. That this action is taken upon the application of
Davis H. Elliott Company, Inc.
3. That the owners voluntarily proffered in writing
the following conditions approved by the Board of Supervisors in
January of 1988, which the Board of Supervisors hereby amends as
follows:
I
( 1) Earth berm3 OR \H!3t 4 G 0 froRtage property
line shall be retained in an approximate ::size of 4 feet in
height. Earth berm on eã::st rear property line to be retained
in an approximate size of 4 feet in height. Earth berms are to
be seeded and/or covered with plant materials.
(2) CUbdi9..isioR restrict.ion!] for rerimeter East
Commerce Center, which were proffered, shall be amended to, apply
to the II 2 users, specific to Section 21 42 2 raragraph A (1) and
(8) and development of the rear acreage specific to one user.
The subsections amended are: rar]tiR~, Landscapping, Fuel
ctorage, Uae Limitation:;], Building Facades and Digns. The
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october 25, 1994
887
amcndmcnts specifically addreos a change from a If 1 to U 2
zoning.
(3) rroffer '#9 and #10 of the Rezoning shall be
amcnded, specific to currcnt site development.
(4) Future road right of ways set forth on
Subdivision rlat rerimeter Eat Commcrce Ccnter, dated October 2,
1907, and recordcd in rlat Book 10, pagc 113, is te be dclcted.
(5) Wastc oil tan]{ (maximum 1,000 gallons) shall
be of buff hidc construction with dry well monitoring.
(6) "yTchicle maintenance. shop shall be for the
1
sole use of Da"Jis II. Elliott Co., Inc. vchiclcs.
(7) p~ 2 usc shall furthcr cxclude thc uscs as sct
forth under Ccction 21 2 -4 1 of the Roano]{c County Zoning
Ordinance updatcd August 4, 1986, mini ~archouses.
4. That said real estate is more fully described as
follows:
I
starting at a point in the southerly right-of-way of
U.s. Route 460 and being shown as Corner No. 1 on
Subdivision of Perimeter East Commerce Center, Phase I
(PB 10, page 113); thence leaving the right-of-way of
U.S. Route 460 and with the property of Nancy G.
Creasey, et also (WB 386, page 729), S. 65 deg. 44' 53"
E. 257.76 feet to the Point of Beginning; thence
leaving the Creasey property and with the southerly
line of Lot 3 of Perimeter East Commerce Center, N. 38
deg. 21' 11" E. 224.01 feet to a point in the westerly
line of Lot 2; thence leaving Lot 3 and with the line
of Lot 2, S. 51 deg. 38' 49" E. 36.50 feet to a point;
thence still with Lot 2, N. 38 deg. 31' 11" E. 300.00
feet, to a point in the westerly line of a 50-foot
right-of-way; thence leaving Lot 2 and with the right-
of-way of a cul-de-sac whose radius is 50.00 feet,
whose arc is 261.80 feet and whose chord is N. 38 deg.
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October 25~ 1994
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21' 11" E. 50.00 feet to a point in the easterly right-
of-way; thence with said right-of-way, N. 51 deg. 38'
49" W. 36.50 feet to a point; thence leaving said
right-of-way and with the southerly line of Lot 1, N.
38 deg. 21' II" E. 204.93 feet to a point; thence
leaving Lot 1 and with the Virginia H. Davis property
(DB 639, page 125), S. 38 deg. 17' 08" E. 227.05 feet
to a point; thence continuing with said Davis property,
N. 79 deg. 42' 48" E. 135.67 feet to a point; thence
leaving said Davis property and with the property of
Dr. Richard H. Lowe, Jr. (DB 1105, page 512), S. 1 deg.
55' 48" E. 756.43 feet to a point; thence continuing
with the Lowe property, s. 71 deg. 38' 05" W. 202.63
feet to a point; thence leaving the Lowe property and
with the property of Nancy G. Creasey, et als, N. 21
deg. 11' 35" W. 125.91 feet to a point; thence
continuing with said Creasey property, N. 65 deg. 44'
53" W. 598.08 feet to the Point of Beginning of Jack F.
Walrond, Jr. (DB 1259, page 1702) as, shown on
Subdivision of Perimeter East Commerce Center, Phase I
as prepared by T. P. Parker & Son, Engineers and I
Surveyors, Ltd., dated 23 October 1987 and recorded in
Plat Book 10, page 113.
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 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:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
I
L. Ordinance to Rezone 1.790 Acres from R-2C, R-1 and
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October 25, 1994
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C-2 to C-2 and Obtain a Special Use Permit to
Operate a convenience Store with Fast Food,
Located at the Intersection of Washinaton Avenue
and Feather Road, vinton Maaisterial District,
Upon the Petition of Shanks Associates P.C. (Terry
Harrinaton, Plannina & Zonina Director)
Mr. Harrington advised that this was a conditional
request to construct and operate a convenience store and to
construct a greenhouse. The rezoning is for the greenhouse while
the special use permit applies to the convenience store
activities. Portions of the site lie within the floodway and the
100-year floodplain and the owner has proposed the use of coal
combustion byproducts (fly ash) as fill material. A consultant
is investigating the feasibility and potential adverse impact of
the use of fly ash.
Mr. Harrington advised that the Planning Commission
recommended approval of the petition with the condition that the
fly ash will not be used as fill material unless approved by
Roanoke County's Engineering Department.
Supervisor Nickens advised that he was originally
concerned with the use of fly ash and prepared to oppose the
rezoning. However, he contacted the Department of Environmental
Quality and was advised that the coal combustion byproducts
(CCB's) are exempt from the Virginia Solid Waste Management
Regulations when used as fill material. Supervisor Nickens
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October 25, 1994
advised he was satisfied with this response and would support the
rezoning request.
The following spoke regarding the proposed rezoning:
1. Fred Shanks, representing the owners of the
property Mr. and Mrs. Jerry Fairchild, suggested that the Board
of Supervisors approve the project and allow the Engineering
Department to review the use of fly ash.
2. Mr. and Mrs. Jerry Fairchild advised that they
chose fly ash to use instead of fill dirt because the fly ash was
free and it would cost $85,000 to transport fill dirt four miles
to the site.
3. Charles Williams. 944 Shelbourne. spoke in support
of the rezoning and special use permit.
4. Mark Baker. Enqineer wi th MRTI, presented data
showing the safeness of the fly ash.
Supervisor Nickens moved to adopt the ordinance with
the additional Planning Commission condition that the use of fly
ash was contingent upon approval by the Roanoke County
Engineering Department. There was no vote.
The Board members expressed concern about the use of
fly ash as fill in the floodplain. Following extensive
discussion, Supervisor Johnson moved to postpone this item
until November 22, 1994 and that staff review the use of fly ash
prior to that date. The motion carried by the following recorded
vote:
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october 25, í 994
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AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
h Ordinance Amendina Ordinance 51193-7 and sections
18-156.2 and 18.156.3 of the Roanoke County Code
Concernina the Procedure to Enforce the Prohibited
Discharae
of
Stormwater,
Surface
Water,
Groundwater, Roof Runoff or Subsurface Drainaae
into the Public Sani tary Sewer System, bY
Establishina Certain Cateaories of violations for
I
Purpose of Enforcement.
(Gary Robertson, utility
Director)
0-102594-9
Supervisor Eddy asked if the language regarding the
categories could be simplified. Mr. Mahoney responded that when
the ordinance is sent to Municipal Code for codification, he will
simplify the language.
Supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
I
ORDINANCE 102594-9 AMENDING ORDINANCE 51193-7
AND SECTIONS 18-156.2 AND 18.156.3 OF THE
ROANOKE COUNTY CODE CONCERNING THE PROCEDURE
TO ENFORCE THE PROHIBITED DISCHARGE OF
STORHWATER, SURFACE WATER, GROUNDWATER, ROOF
RUNOFF OR SUBSURFACE DRAINAGE INTO THE PUBLIC
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October 25. 1994
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SANITARY SEWER SYSTEM, BY ESTABLISHING
CERTAIN CATEGORIES OF VIOLATIONS FOR PURPOSES
OF ENFORCEMENT
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, had previously adopted a procedure to enforce the
prohibited discharge of stormwater, surface water, groundwater,
roof runoff, or subsurface drainage into the public sani tary
sewer system by Ordinance No. 51193-7 and it is now necessary to
make certain amendments to that Ordinance; and
WHEREAS, the first reading of this ordinance was held
on September 27, 1994; and the second reading was held on October
25,1994.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the following sections of Chapter 18, "Sewers
and sewage disposal" be amended to read and provide as follows:
Sec. 18-156.2. Determination by utility Director.
I
(a) The utility Director, or his designee, shall be
vested with the authority and responsibility to enforce the
provisions of this ordinance' and to make determinations wi th
respect to the actual or potential illegal or improper discharge,
inflow or infiltration of stormwater, surface water, groundwater,
roof runoff or subsurface drairiàge into the public sanitary sewer
system.
(b) A determination with respect to an actual or
potential illegal or improper discharge, inflow or infiltration
of stormwater, surface water, groundwater, roof runoff or
subsurface drainage into the public sanitary sewer system from
the property of a sewer user or any other person shall be based
upon the following cateqories:
(1) estimate or measurement of quantity of
inflows and/or . infiltration that could occur
based on the 2 year rainfallevent e3taslished
for Roano]{e County uBinq the VirlJinia
Department of IIiqh'Ways and Transportation
Drainage }{anual.
(2) quantity of inflow and/or infiltration shall I
be in gallon per day.
(3) estimate of quantity shall se Bite specific
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October 25~ 1994
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t~]{inEJ into
characteristics
the potential
infiltration.
conßiàeration phYßical
of the ßite a3 they relate to
or actual infloy and/or
11l Cateqory I defects are defined as direct
connections (inflow) to the public sewer of
sump pumps ( includinq overflows). holes in
floor drains. downspouts. foundation drains.
and other direct sources of inflow (includinq
but not limited to visible evidence of
qround/surface water enterinq drains throuqh
doors or cracks in floors and walls) as noted
durinq field inspections bY the Roanoke
County utility Department.
lZl Cateqorv II defects are defined as leakinq or
sheared laterals or any other sources of
infiltration as noted durinq field
inspections by jthe Roanoke County utility
Department.
...ill Cateqory III defects are considered to be
potential or minor defects that do not
adverselY affect the sanitarv sewer system at
the present time.
(c) The utility Director, or his designee, shall
provide written notice by certified mail to the sewer user,
property owner or other responsible person of any violation of
this ordinance or of Section 18-156 of this Code. This notice
shall describe the nature of the violation, the determination of
the actual or potential quantity of the dißcharqe, inflow or
infiltration, the corrective measures necessary to achieve
compliance, the time period for compliance, the amount of the
monthly surcharge until corrected, and the appeal process.
Sec. 18-156.3. surcharge; disconnection
(a) For structures or property with actual or
potential discharge, infiltration or inflow determined to be in
excess of 1,000 qallons per day into the public sanitary ßewer
system, considered to be a Cateqory I defect, the sewer user,
property owner or other responsible person shall be given six
months to correct the illegal or improper activities or
facilities contributing to the discharge, infiltration or inflow
into the public sanitary sewer system. If corrective measures to
eliminate the illegal or improper discharge, infiltration or
inflow into the public sanitary sewer system are not completed
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October 25, 1994
þ
and approved by the utility Director, or his designee'rwithin six
months from the date of the notice provided in Sec. 18-156.2(c).
then the County shall impose upon the sewer user, property owner
or other responsible person a monthly surcharge in the amount of
~. $100 per month until the required corrective measures are
completed and approved. If the property owner or responsible
party fails to pay the monthly surcharge when due and payable,
then the County shall terminate the water and sewer connections
and service to the property, and disconnect the customer from the
system. During and after periods of heavy rainfall resulting in
actual or potential inflow or infiltration in excess of 200
gallons per day, the utili ty Director may in his discretion
temporarily terminate the sewer connection to protect the public
sewer system and other sewer users.
(b) For structures or property with actual or
potential discharge infiltration or inflow determincd to bc lcss
than 1,000 gallons per day but more than 500 gallons pcr day into
the public sanitary scwcr system,' considered to be a Cateqory II
defect, the sewer user, pròperty owner or other responsible
person shall be given six months to correct the actual or 1
potential illegal or improper activities or facilities
contributing to the discharge, infiltration or inflow into the ,
public sanitary sewer system. If corrective measures to
eliminate the actual or potential illegal or improper discharge,
infiltration or inflow into the public sanitary sewer system are
not completed and approved by the utility Director, or his
designee, within six months from the date of the notice provided
in Sec. 18-156.2(c), then the County shall impose upon the sewer
user, property owner or other responsible person a monthly
surcharge in the amount of ~ $50 per month until the required
corrective measures are complèted and approved. If the property
owner or responsible party fails to pay the monthly surcharge
when due and payable, then the County shall terminate the water
and sewer connections and service to the property, and disconnect
the customer from the system. During and after periods of heavy
rainfall resulting in actual or potential inflow or infiltration
in excess of 200 gallons per day, the utility Director may in his
discretion temporarily terminate the sewer connection to protect
the public sewer system and other sewer users.
(c) For structures or property with actual or
potential discharge considered to be a Cateqory III defect. the
sewer user. property owner or other responsible person shall be
notified of the results· of the inspection. Repairs of these
defects will be considered voluntary at this time. Properties I
with Cateqory III defects will'· continue to be monitored and if
the utilitv Director. or his desiqnee determine that the
condition changes. the responsible person shall be so notified. T
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815
1
infiltratioß or ißflov determined to be lesß than 5eO gallons ~er
day, but more thaß 200 gallons per day into the public saßitary
sewer system, the sewer user, property owner or other responsible
perßoß shall be given six months to correct the illegal or
improper activities or facilities contributing to the dißcharge,
infiltration or inflow into the public ßanitary sewer ,system. If
corrective measures to eliminate the actual or potential illegal
or improper discharge, infiltration or inflow into the public
sanitary ßewer system are not completed and approved by the
utility Director, or hiß deßignee , within six months from the
date of the notice provided in Cec. 18 156.2(c)~ theß the Coußty
shall impooe upon the ßct;er user, property owner or other
reßponoible person a monthly surcharge in the amount of $50 ~er
month until the required correcti9Je measureß are completed and
approved. If the property owner or reßponßible party failß to
pay the monthly surcharge ~hen due and payable, then the County
ahall terminate the water and sewcr connectionß and serJice to
the property, and disconnect the customer from the ßystem.
During and after periods of hea~i rainfall resulting in actual or
potential inflow or infiltration in excesß of 200 gallons per
day, the utility Director may in his discretion temporarily
terminate the sewer connection to protect the public sewer system
and other sewer users.
(d) For structures or property vi th actual or
potential discharge, infiltration or ißflow determined to be less
than 200 gallons per day, but more than 50 gallons per day into
the ~ublic sanitary sewer system, the seHer user, property o~ner
or other responßible person shall be given six monthß to correct
the illegal or improper activitieß or facilitieß contributing to
the dißcharge, infiltration or inflo~ into the public sanitary
sewer system. If corrective measures to eliminate the illegal or
improper discharge, infiltration or inflo~ into the public
sani tary sewer system are not completed and a~proved by the
utility Director, or his designee, within ßix monthß from the
date of the notice provided iß Cec. 18 15C.2(c), then the County
ßhall impose u~on the ßewer uscr, property owner or other
reßpoßßible person a monthly ßurcharge iß the amount of $25 per
month uRtil the required corrective measures are completed and
approved. If the property owner or reßponsible party fails to
pay the monthly surcharge ,,¡¡hen due anà payable, theß the County
shall terminate the water and sewer connections and service to
the property, and disconnect the customer from the system.
I
2. That this ordinance shall be in full force and
effect from and after its passage.
On motion of Supervisor Eddy to adopt the ordinance,
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October 25, 1994
þ
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
.L. Ordinance Amendina the Roanoke county Zonina
Ordinance bY Enacting' the Roanoke River
Conservation Overlay District. (Jon Hartley,
Assistant Director of Plannina and Zonina)
0-102594-10
Mr. Hartley advised that the proposed ordinance
incorporates modifications discussed at the first reading on
September 27 based on comments recei ved from the Board, the
County Attorney, and the citizens and businesses in the corridor
1
area.
Supervisor Eddy requested that the ordinance be amended
to include lands located 750 feet from the shoreline rather than
750 feet from the flood plain. Mr. Hartley responded that the
staff preferred the flood plain designation because it was a
legislative boundary.
Buddy Hill, 2551 Creekside Drive, Salem advised that he
owned a working farm on the Roanoke River and that 750 feet
seemed excessive. He was also concerned about the prohibition of
resource extraction since one of his resources is top soil. Mr.
Hartley advised that resource extraction does include top soil I
mining, but that Mr. Hill could get a Special Use Permit because
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October 25; 1994
817
the property is zoned industrial, not agricultural.
Following additional discussion, Supervisor Nickens
moved to adopt the ordinance eliminating the prohibition of
resource extraction and reducing the overlay district to 500 feet
from the shoreline. The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 102594-10 AMENDING THE ROANOKE
COUNTY ZONING ORDINANCE BY ENACTING THE
ROANOKE RIVER CONSERVATION OVERLAY DISTRICT
1
WHEREAS, the first reading on this ordinance was
scheduled for September 27, 1994; the second reading and pUblic
hearing was scheduled for October 25, 1994; and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 4, 1994; and,
WHEREAS, legal notice and advertisement has been
provided as required by law.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1 . The following would be added to the listing of districts
established by the zoning ordinance at the bottom of the listing of Special
Purpose Districts.
SEC. 30-6 ESTABtlSHMENT OF DISTRICTS
(A)
Special Purpose Districts
I
RRCO
Roanoke River Conservation Overlay District
. The fol/owing definitions would be added to the definitions section in
alphabetical order.
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October 25, 1994
þ
SEC. 30-28
DEFINITIONS
(C)
BEST MANAGEMENT PRACTICES - A practice or combination of
practices that is determined by the appropriate state agencies to be the
most effective, practical means of preventing or reducing the amount of
pollution generated by non point sources to a level compatible with water
i~~
LAND DISTURBING ACTIVITY - Any land change which may result in
soil erosion from water or wind and the movement of sediments into
State waters or onto lands in the Commonwealth, including, but not
limited to, clearing, grading, excavating, transporting and filling of land.
Activities exempted under the definition of a land disturbing activity in the
Erosion and Sediment Control Ordinance shall likewise be exempted
from the requirements of Section 30-75.
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SHORELINE - The shoreline shall be the boundary line between a body
of water and the land. This line shall consist of the sloping margin of, or
'the ground bordering, a stream and serving to confine the water to the
natural channel during the normal course of flow. It is best marked
where a distinct channel has been eroded to the valley floor or where
there is a cessation of land vegetation.
VEGETATIVE BUFFER - Perennial vegetation established or left
undisturbed adjacent to the shoreline of a watercourse intended to filter
out sediment and other nonpoint source pollutants from runoff before it
reaches a watercourse.
The new Conservation Overlay District would be inserted into the zoning
ordinance as Section 30-75 as follows:
SEC. 30-75
RRCO ROANOKE RIVER CONSERVATION OVERLAY
DISTRICT
Sec. 30·75·1
Purpose
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(A)
The intent of, this se,ction is to establish a Conservation Overlay District
along the ~oanoke River. The purpose is to recognize and designate
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October 25, 1994
8J=9
the river corridor as a cultural and recreational resource. critical
floodway. water source and important natural habitat worthy of
coordinated conservation efforts and to take those measures necessary
to protect this resource. This is consistent with the 1985 Comprehensive
Plan as amended in December 1990 to incorporate the analysis.
conclusions and recommendations of the Roanoke River Corridor Study
dated August 1990.
1
It is the premise of these provisions that certain specific land uses pose
a danger to this water resource and should be avoided. In addition.
through careful planning and design. clearing and grading activities or
similar activities that disturb or destroy site vegetation can be minimized.
with the goal that the natural vegetation, features and qualities of sites
and properties along th~ Roanoke River corridor will be retained to the
maximum extent possible. Finally. through implementation of additional
erosion and sediment coritrol practices. the maintenance and installation
of buffer strips of natural vegetation. and use of Best Management
Practices. the impacts of excessive soil loss and adverse effects of non-
point source pollutants on the water quality of the Roanoke River can be
minimized.
Sec. 30-75-2
Creation of Overlay
(A) The requirements of this Section shall be considered an overlay to the
underlying zoning district designations as shown on the Official Zoning
Map. As overlay regulations. this Section shall be supplemental to the
underlying zoning district requirements contained in Article III of this
ordinance.
(B) The Roanoke River Conservation Overlay District shall consist of all lands
located +ãQ mm feet landward from the 100 year flood plain 1.M.9filiñ@ of
the Roanokei·'·River. 39 eE:tablished in Section aD 7~ ~ of thiE:·'·'oidiì1'5n'oe.
and all lands located +ãQ IQQ feet landward of the shoreline of the North
Fork of the Roanoke River'"to··its intersection with State Route 697 (Sandy
Ridge Road).
Sec. 30-75-3
Applicability and Administration
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(A)
Except as oxempted or 'Naived below in Section 3D 75 ê. those
roquirements E:h311 3pply to any grading. ole3ring. building. drainage
activities. or other development or UE:O of ::my parae I within the
ConE:erv3tion Overby DiE:triot.
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{Bt Within the Conservation Overlay District any land disturbing activity
exceeding 2,500 square feet shall comply with the requirements of the
Erosion and Sediment Control Ordinance of the County of Roanoke,
unless exempted or waived in accordance with Section 30-75-6 below.
(QI) This district shall be administered through the Site Plan Review process
required under Section 30-90 of this ordinance. Land disturbing activity
not subject to Site Plan Review shall be administered through existing
zoning permit processes in conjunction with the requirements of the
Erosion and Sediment Control Ordinance requirements.
(90) Nothing in the district shall in any way affect full compliance with the
requirements of the Floodplain Overlay District contained in Section 30-
74.
Sec. 30-75-4
Permitted Uses and Use Restrictions
(A)
The uses permitted in the Conservation Overlay District shall be
governed by the underlying zoning district in which the property is
located as shown on the official zoning maps, except as otherwise
prohibited below.
(8) The following uses shall be prohibited within the Roanoke River
Conservation Overlay District:
1. ROE:ouroo Extraction.
~:2 Commercial Feedlots.
¡¡:::~: .
13. Drilling for oil or gas.
14. Sanitary landfill.
.:.:.:.
!\é. Construction debris landfill.
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Scrap and salvage services.
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OCtober 257 '1994
821
68.
$9.
Underground storage of any chemical or petroleum products for
iiliiiilflJ~
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The application, depositing, spreading or spraying of any
hazardous or toxic chemical anQ'or biological materials or
substances "(ºm::::a:::::~õ.gq§tr~I:::::ar§i, except applio3tions of suoh
ps€tioido€ '3në¥or'···..·hoibICldëïš......'3S'.. may be roquirod undor
emergency situations and as permitted by the Administrator upon
9.+Q. Land application of sewage sludge or effluent and associated
activities, anQ'or reclamation of sewage and industrial wastes.
This prohibition shall not pertain to approved Waste Water
Treatment Plants.
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Sec. 30-75-5
Development Regulations
(A) Setbacks - Except as otherwise provided in this section, no building or
structure, nor any fences anQ'or walls, other than those determined to be
necessary by the Administrator, shall be constructed:
1. In the 100 year floodplain, OR
2. within 100 feet of the shoreline of the Roanoke River, whichever is
less.
(B) Vegetative Buffers -
1. General Provisions:
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a.
A 100-foot vegetative buffer area shall be retained and
maintained if present or established and maintained where
it does not exist. This buffer area shall minimize the
adverse effects of land use activities on the Roanoke River
and aquatic life by retarding runoff, preventing erosion, and
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822
Odober 25, 1994
filtering non-point source pollution from runoff.
b. In lieu of the 100 foot buffer area, an alternative buffer area
may be employed, if approved by the Administrator. The
reduced buffer areas may either:
i.
Consist of a combination of buffer area not
less than 50 feet in width, and appropriate
Best Management Practices located landward
of the buffer area, OR
ii.
if the lot was existing at the time of adoption
of this ordinance and does not contain
sufficient depth to provide the required buffer
strip, the buffer strip may be reduced to 50%
of the available lot depth if Best Management
Practices are utilized.
c.
Whenever the applicant proposes to reduce the 100 foot
vegetative buffer area, the Erosion and Sediment Control
Plan shall show how the proposed reduction, in
combination with Best Management Practices, achieves at
least the equivalent water quality protection, pollutant
removal, and water resource conservation effect of a 100-
foot buffer area.
d. The required vegetated buffer area shall be located
adjacent to and landward of the Roanoke River shoreline.
e.
Within the required buffer area, no vegetation may be
cleared or otherwise significantly disturbed, no grading or
excavation work may be performed, and no structures, fill,
paving, or other materials may be placed except as shown
on the approved Erosion and Sediment Control Plan.
f.
Run off from new development shall be directed towards
areas covered with vegetation for surface infiltration catch
basins, avoiding channeling and preventing concentrated
flows of surface water. Piped storm sewers may be
permitted only where other methods are determined to be
infeasible by the Administrator.
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October 25, i 994
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2. Performance Criteria:
a. In order to maintain the functional value of the buffer area,
indigenous vegetation shall be preserved to the maximum
extent possible.
b. Removal of vegetation within the required buffer area will be
allowed only in accordance with the following provisions:
i.
Trees may be pruned or removed as
necessary to provide limited sight lines and
vistas, provided that where removed, they
shall be replaced with other vegetation that is
equally effective in retarding runoff, preventing
erosion and filtering non-point source pollution
from runoff.
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ii.
Dead, diseased, or dying trees may be
removed and silvicultural thinning may be
conducted based upon the best available
technical advice of a professional forester.
c. All exposed areas within the required buffer area shall be
revegetated with appropriate riparian, erosion controlling
plant material. Riparian vegetation is plant material which
naturally occurs along the river and is suited to the
microclimate p§õS;¡!iemm within the community.
d. With the approval of the Administrator in consultation with
the Department of, Engineering and Inspections, riprap or
other manmade materials may be used in conjunction with
vegetation to stabilize riverbanks only where it is shown that
vegetation alone will not stabilize the bank.
e. Access paths shall be constructed and surfaced so as to
effectively control erosion.
(C) Agricultural Buffer Area Requirements -
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1.
On land in agricultural use, a 1 DO-foot vegetative buffer area shall
be retained and maintained if present or established and
maintained where it does not exist.
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October 25, 1994
2. Agricultural lands in hayland or pasture land uses shall be
deemed to comply with buffer area requirements as long as that
portion of the hayland or pasture land within the 1 Oo-foot buffer is
managed in accordance with the Best Management Practices
Handbook for Agriculture.
3. The agricultural buffer area may be reduced as follows:
a. to a minimum width of fifty (50) feet when Best
Management Practices which meet specifications of the
Best Management Practices Handbook for Agriculture are
applied on the adjacent land, provided that the combination
of the reduced buffer area and Best Management Practices
achieve water quality protection, pollutant removal, and
water resource conservation at least the equivalent of the
100-foot buffer area; OR
b.
to a minimum of twenty-five (25) feet when a soil and water
quality conservation plan, as approved by the Soil and
Water Conservation District, has been implemented on the
adjacent land, provided that the combined buffer area and
Best Management Practices achieve water quality
protection at least the equivalent of that provided by the
100-foot buffer in the opinion of the Soil and Water
Conservation District Board. Such plan shall be based on
the Best Management Practices Handbook for Agriculture
and accomplish water quality protection consistent with this
ordinance.
4. The agricultural buffer area shall be managed to prevent
channeling or concentrated flows of surface water from breaching
the buffer area.
5. The Best Management Practices Handbook for Agriculture is
intended to provide a list of options for meeting buffer area
requirements. Without preference to a given practice, a selected
Best Management Practice or combination of practices may be
used to achieve the equivalent of the 100-foot buffer.
Sec. 30-75-6
Exemptions and Waivers
Exemptions -
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Öctober 25; 1994
825
The following development activities are exempt from the requirements of
the Conservation Overlay District:
1. Any land disturbing activity under 2,500 square feet in area; or
2. any maintenance, alteration, use or improvement to an existing
structure not changing or affecting quality, rate, volume or location
of surface water discharge, or involving the destruction of sensitive
natural resources as determined by the Administrator; or
3. emergency removal of debris resulting from floods or other natural
disasters, as deemed appropriate by the Director of Engineering
and Inspections; or
4. silvicultural operations that adhere to water quality protection
procedures prescribed by the Department of Forestry in its "Best
Management Practices Handbook for Forestry Operations."
1
(B)
Waivers -
A . f h f h '.'........m··,',·'······..'·'·'·'···'·'...'··'·······t··........·'·....····'·'·'···········........""'·'·········'·t··¡:;:¡:'·....
waiver 0 t e re uirements 0 t e ordinance rtr"'iJ5.Ef~:öb. :ãihed?ftö.m?,Ùê
...."...,. ....,..,'......."'.,, q ::::::::::ê¥L:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
IIñ!Qi§!ti!Bf for installation of remedial lot stabilization, public roads,
water"'depSndent structures, utilities, rail lines, water wells, passive
recreation, historic preservation, archaeological activities aAEfj other
!:>..~:~I:!,~:,:,~.~.i~,i,~:~~!:!:::lñg:!!!lm~iï:!:!!M~~i!::!:i.e~l1pªp:::::ï!"s.Jg!ïI!gr:::I~:I:i_I!~::::~I.I
U1:::::o.ecttoß:::i30P15d4. a€ Q 3 3ro. ad b~ tho . .dmlnl€tr3tor A\:walve.r: may be
õ'blai'r;:êcr:::::::::Ey:::::::::::sG6:mitling an application on forms s:~:ppWê~r by the
Administrator and shall contain the following information:
1. 'the name, address and telephone number of the developer and
owner;
2. a description and a drawing of the proposed development;
3. the location of the development; and
4. any other information required by the Administrator that is
reasonably necessary to evaluate the proposed develópment.
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The Administrator may grant a waiver if the application demonstrates
that:
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October 25, 1994
1. Any required permits, except those to which this waiver specifically
applies, shall have been issued;
2. sufficient and reasonable proof is submitted that the intended use
will not deteriorate water quality;
3. the intended use does not conflict with nearby planned or
approved uses; and
4. any land disturbance exceeding an area of 2,500 square feet shall
comply with all County erosion and sediment control
requirements.
1995.
2. That this ordinance shall take effect from and after January 1.
On motion of Supervisor Nickens to adopt the ordinance
eliminating prohibition of resource extraction and reduction of
district to 500 feet from the shoreline, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Ordinance Amendina Section 9-16, Incorporation of
statewide Fire Prevention Code and section 9-21.
Amendments of Article II. Virainia statewide Fire
Prevention Code of Chapter 9, Fire Prevention and
Protection and section 12-51 Penalties for parkina
violations of Article III. parkina of Chapter 12,
Motor Vehicles and Traffic of the Roanoke County
Code in Order to Adopt the Latest Edition of This
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October 25, 1994
R27
Code and to Increase Certain Permit Fees and
Fines. (Donald Gillispie, Fire Harshal)
0-102594-11
There was no discussion and no citizens were present to
speak on this issue.
Supervisor Nickens moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 102594-11 AMENDING SECTION 9-16.
INCORPORATION OF STATEWIDE FIRE PREVENTION
CODE AND SECTION 9-21. AMENDHENTS OF ARTICLE
II. VIRGINIA STATEWIDE FIRE PREVENTION CODE
OF CHAPTER 9, FIRE PREVENTION AND PROTECTION,
AND SECTION 12-51 PENALTIES FOR PARKING
VIOLATIONS OF ARTICLE III. PARKING OF CHAPTER
12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE
COUNTY CODE IN ORDER TO ADOPT THE LATEST
EDITION OF THIS CODE AND TO INCREASE CERTAIN
PERMIT FEES AND FINES
WHEREAS, Article II. VIRGINIA STATEWIDE FIRE
PREVENTION CODE of Chapter 9, FIRE PREVENTION AND PROTECTION,
of the Roanoke County Code was adopted in 1991 in order to
incorporate by reference the 8th Edition of the statewide Fire
Prevention Code adopted by the State Board of Housing and
Community Development; and
WHEREAS, the State Board of Housing and Community
Development has adopted the latest, 1993, edition of this Code,
effective April 1, 1994; and
WHEREAS, it is the current intention of the
Roanoke County Department of Fire and Rescue to implement' the
latest edition of the Statewide Fire Prevention Code as it shall
be adopted by the State Board of Housing and Community
Development; and
WHEREAS, the Department of Fire and Rescue has
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828
October 25, 1994
requested an increase in certain fees permitted under this Code
to more adequately reflect the administrative and personnel costs
associated with such permits; and
WHEREAS, the first reading of this ordinance was
held on October 11, 1994; and the second reading and public
hearing took place on October 25, 1994.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
1. That Section 9-16. Incorporation of statewide fire
prevention code, of Article II. Virqinia statewide Fire
Prevention code, of Chapter 9, FIRE PREVENTION AND PROTECTION of
the Roanoke County Code be amended and reenacted as follows:
Sec. 9-16. Incorporation of statewide fire prevention code.
Pursuant to the provisions of section 27-98 of the Code
of Virginia, 1950, as amended, Roanoke County shall enforce the
Virginia Statewide Fire Prevention Code as written with
amendments. îñi*çµ~!¡ªþ' ~ Statewide Fire Prevention Code, 8th
Edi tioR, was"·"'··à'd"oi,fEid'·'··'··'by the State Board of Housing and Community
Development with aR cffecti7c datc of April 15, 1991, and said
board promulgated certain regulations and procedures to
accomplish the adoption and enforcement of this code. The
Virginia statewide Fire Prevention Code is incorporated herein by
reference as fully as if set out at length herein. The
regulations set forth herein shall be known as the Fire
Prevention Code of the County of Roanoke and shall be referred to
as such or as this code.
. . . .
Sec. 9-21. Amendments.
The Virginia Statewide Fire Prevention Code is hereby
iii
(2)
:~~~:~~i~ri i~;.§:~~~~:F!~:f:::~;d2:œ:IDiooj~;:§t~~n fO~rOws~thers. Add
"The chief of the fi're:::::::::::d'ep:il:r'fment may designate such
other persons as he deems necessary to make fire safety
inspections. Such persons shall use the Virginia
statewide Fire Prevention Code and this code as the
basis for such inspections."
(3)
F-102.1. 2 :$:ø'?::p$æ@:¥:$æm~. Impersonation. Add subsection F-
102.1.2 10Ž"':"'r:··'r:·'·r:"'j"'·'····ås follows:
"It shall be unlawful for any unauthorized person to
use a badge, uniform or any other credentials so as to
gain access to any building, marine vessel, vehicle, or
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(8)
(9)
(10)
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October 25, 1994
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premises, or to otherwise falsely identify himself as
the fire official or his designated representative."
~¡~~i~:~::::::I:ê~i¡~fræ;rf¡.li~~d ~~aRsi:~i~~ F~~~~~ 0 it,Íiiäie~~:
·f'oIfowIrig"""'wor'ds·";·,·"""'bãi'11\s and meanings:
"Fire Lanes: An area designated by clearly visible
signs in which parking shall be prohibited, whether on
public or private property, to ensure ready access for
and to fire fighting and rescue equipment and
facilities."
F 303.0 atM:::Ba. Torches for the removal of paint. Add
the followIng words to the title: "or sweatinq pipe
ioints."
F-303.34ßjWa. Sweatinq ioints. Add the following
subsectioh":':':F':j:03. 3~!þ:4.!:@ª::
"Any person using'....'å······,·'·''€'orch or other flame producing
device for sweating pipe joints in any building or
structure shall have available in the immediate
vicinity where the sweating is done one (1) approved
fire extinguisher or water hose connected to a water
supply. Combustible material in close proximity to the
work shall be protected against ignition by shielding,
wetting or other approved means. In all cases, a fire
watch shall remain in the vicinity of the sweating
operation for one-half (1/2) hour after the torch or
flame producing device has been used."
(11) :F:~ ~::g~. 3.1. Permit required. Add subsection F--3-a
3.þ;!. 3. f·····ás follows:
'.¡'X":':':' permit shall be obtained from the fire official
prior to using a torch or other flame producing device
for sweating pipe joints in any building or structure."
(12) F-3-Hi!J.dL 1. Desiqnation. Delete and substitute as
follow'S:
"The fire official shall designate fire lanes on public
streets and on private property where necessary for the
purpose of preventing parking in front of or adjacent
to fire hydrants and fire department connections and to
ensure access to buildings and structures for fire
fighting and rescue apparatus. Fire lanes shall have a
minimum width of eighteen (18) feet (5486 mm)."
F-31~~.4. Siqns and markinqs. Add section F-3l~ffi.4 as
follows:
"The property owner or designee shall supply and
(13)
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October 25, 1994
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install signs and other required markings to delineate
fire lanes as directed by the fire official."
F-31~~.5. SDecifications. Add
follows:
"Fire lanes shall conform
specifications:
section
F-31~m.5 as
to the
following
(A) The design of such signs shall conform to the
state manual on uniform traffic-control
devices and shall include the language "No
Parking--Fire Lane."
(B) Signs designating fire lanes shall be located
so as to provide at least one sign at the
beginning, one sign at the end, and one sign
for everyone hundred (100) feet segment of
fire lane space. Should the fire marshal
determine that additional signs are
necessary, the owner or agent of the property
shall provide the same. All such signs shall
be maintained in proper position and
sufficiently legible to be seen by an
ordinarily observant person.
(C) Fire lane signs shall be placed as follows:
(1)
Pave edge to sign edge:
Rural: Not less than 6' nor more
than 10'.
Urban: Not less than l' nor more
than 3'.
Curb face to sign edge:
Rural: Not less than l' nor more
than 3'.
Urban: Not less than l' nor more
than 3'.
Pavement top to sign bottom:
Rural: 5'.
Urban: 7'.
Curb top to sign bottom:
Rural: 5'.
Urban: 7'.
for fire lane signs, where required,
be metal and securely mounted.
(2)
(3)
(4)
(D)
Posts
shall
(E)
The curb of all fire lanes shall be painted
yellow. In the absence of a curb, the
pavement edge shall be painted yellow. Any
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october 25, 1994
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existing marking in the area designated as a
fire lane shall be obliterated or painted
over in a manner approved by the fire
marshal."
(15)
F-31~Œ·6. Where fire lanes are desiqnated at fire
~~~~ari~oi~~~~~~ns :~hA\":::::::f~"1$ï~qn::::""'::i::§':"!:::~g',!,::!: are
established at fire hydrant locations:
(1) Where hydrants are located at or close to the
curb line or edge of the road and face on a
public street, a public parking lot or a
private road open to the public, parking
within fifteen (15) feet is prohibited.
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(2) A special curb marking designated areas
established pursuant to (1) above, shall be
required and shall be yellow.
(3) No planting, erection or other obstruction
shall be allowed within four (4) feet of the
fire hydrant.
(4) All hydrants shall be painted in accordance
with standards established by the fire
marshal."
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-...B!.91rSbr::ie:~ h::::i ::l::ile:: or ::
gasoline or other flammable liquid of liquified
~m~~:~h;r-~~e1iE~~i~;~
similar occupancy which are constructeõ=of=2ðmbustîble
materials. The management of such occupancies shall
notify its tenants in writing of this code requirement
at the time the tenant initially occupies the apartment
and from time to time as necessary to ensure
compliance."
(18)
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October 25, 1994
2. That Section 12-51. Penalties for Parkinq
violations of Article III. Parking of Chapter 12 MOTOR VEHICLES
AND TRAFFIC of the Roanoke County Code be amended and re-enacted,
as follows:
Sec. 12-51. Penalties for parkinq violations.
(19)
Any person violating any of the provJ.sJ.ons of this
article shall be deemed guilty of a traffic infraction and, upon
conviction thereof, shall be fined according to the following
schedule:
. . . .
Parking in fire lanes, in front of fire hydrants or fire or
;',~:,~:~~e building .
ËROO;g25.00 · . . .
3. This ordinance shall be in effect from and after
November 1, 1994.
On motion of Supervisor Nickens to adopt the ordinance,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Ordinance and Resolution related to Construction,
and Operation of Salem Cable TV and Establishment
of a Cable Television Committee:
h Ordinance Amendina and Reenactina Ordinance
No. 2308 Which Grants to Boothe American
Company of Detroit, Michiaan, DIBIA Salem
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october 25, 1994
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Cable TV, the Riaht to Erect, Construct,
Operate and Maintain a Community Antenna
Television (CATV) System. (Joseph Obenshain,
Senior Assistant County Attorney)
0-102594-12
Mr. Obenshain advised that the one change to the
ordinance was the grant will be paid over a period of three years
beginning January 1, 1995.
Supervisor Johnson moved to adopt the ordinance with
the changes on page 2.
The motion carried by the following
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recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 102594-12 AMENDING AND REENACTING ORDINANCE
NO. 2308 WHICH GRANTS TO BOOTH AMERICAN COMPANY OF
DETROIT, HICHIGAN, D/B/A SALEH CABLE TV, THE RIGHT, FOR
THE TERM AND UPON CERTAIN CONDITIONS HEREIN STATED TO
ERECT, CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY
ANTENNA TELEVISION (CATV) SYSTEM AND TO USE THE
STREETS, ALLEYS AND PUBLIC WAYS IN CERTAIN SPECIFIC
AREAS OF ROANOKE COUNTY, VIRGINIA; ESTABLISH CONDITIONS
CONTROLLING THE EXERCISE OF SAID FRANCHISE AND THE SALE
AND DISTRIBUTION OF CATV SERVICES.
WHEREAS, by Ordinance No. 2308, adopted May 22, 1979,
the County of Roanoke granted unto Booth American Company of
Detroit, Michigan, doing business as Salem Cable TV, a franchise
for a term of fifteen (15) years from the date that necessary
authorization was obtained from the Federal Communications
Commission (FCC) to operate a community antenna/cable television
(CATV) system; and
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WHEREAS, in contemplation of the expiration of this
franchise term in 1994, negotiations have been ongoing between
members of the Board of Supervisors and county staff and
representative of Booth American Company which have resulted in
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October 25, 1994
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an agreement for appropriate amendments to said Ordinance No.
2308 in accordance with the mutual agreement to extend the term
of this franchise for an additional five (5) years; and
WHEREAS, Booth American Company d/b/a Salem Cable TV is
prohibited by federal law from operating a community antenna or
cable television system within the territorial limits of Roanoke
County without a franchise agreement or extension as defined by
federal law and by Ordinance 62894-5, the Board of Supervisors
extended the current franchise for a period of 120 days from
July 1, 1994; and
WHEREAS, the first reading of this ordinance was held
on October 11, 1994; and a public hearing and the second reading
on October 25, 1994.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
(1) That Ordinance No. 2308, adopted effective June
21, 1979, be amended and reenacted as follows:
1. Term. The term of the franchise is extended
and renewed for a period commencing with the
effective date of this Ordinance and ending on
October 4, 1999.
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2. Franchise Fee. The Grantee shall pay to the
County five percent (5~t....9(....:t::þ~....q:t::~t:1:~~~',s.;....c:.;,J;~:;;~
upon the effective date of thia Amcndment.
3. Interconnection. If technically feasible,
the Grantee shall interconnect its Cable
Television System with the cable television system
operated in the County by Cox Cable Roanoke, Inc.,
no later than January 1, 1997. Immediately
following the effective date of this Amended
Ordinance, the Grantee shall institute
negotiations with Cox Cable Roanoke, Inc. in order I
that all costs may be shared among the cable II,'."
companies for both the construction and operation .
of the interconnection link. The Grantee may be
granted reasonable extensions of time to I
interconnect, or the County may rescind this
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October 25, 1994
835
requirement to interconnect, upon petition by the
Grantee to the County. The County shall grant
such request if it finds that the Grantee has
negotiated in good faith and has failed to obtain
an approval from Cox Cable Roanoke, Inc., of the
proposed interconnection, or that the cost of the
interconnection would cause an unreasonable or
unacceptable increase in subscriber rates.
4. Access Channel. The Grantee shall provide
the County one (1) downstream public education and
governmental access channel no later than December
1, 1994. This access channel shall be located on
Channel 3.
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5. Capital Grant. The Grantee shall provide a
capital grant to the County for acquisition of
equipment to be used by the County, in the amount
of Forty Thousand Dollars ($40,000.00). The
capi tal grant is to be used by the County for
access purposes only and shall not be considered
to be part of the franchise fee. The Grantee
shall pay the capital grant to the County in three
equal installments of Thirteen Thousand Three
Hundred Thirty Three Dollårs and 33/100ths
($13,333.33) each with the first being due on
January 1, 1995, the second on January 1, 1996,
and the third on January 1, 1997. The Grantee may
reflect this capital grant in bills to its
subscribers commencing with the bill for January,
1995.
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6. Free Basic Service. The Grantee shall
provide basic service without charge to each
governmental building, fire station, police
station, library or school building within the
Franchise Area. One standard drop and one
converter (if needed) per building shall
constitute compliance. In the event new schools
or governmental buildings are constructed in the
Franchise Area, the County shall notify the
Grantee at the time the construction contract is
awarded so that cable service can be installed at
the time the new building opens for use, provided,
however, Grantee need not provide service in the
event the building is in an area which Grantee
would not be required to serve pursuant to the
line extension policy set forth below.
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October 25, 1994
7. Line Extension Policy. Grantee shall offer
cable service to all occupants of any area of the
Franchise Area with a density of 25 Housing Units
or more per mile served by aerial plant within six
months of such request by the County. Grantee
shall offer cable service to all occupants of any
area within the Franchise Area with a density of
40 Housing Units or more per mile served by
underground plant within 12 months of such request
by the County.
Computations of density shall take into
account any connecting lines required to serve
such areas, if not contiguous to the existing
Cable System, as well as any Housing Units passed
by such connecting lines.
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8. Aerial Drops Exceedina 150 Feet. With
respect to requests for connection requiring an
aerial drop line in excess of one hundred fifty
(150) feet, the Grantee must extend and make I
available cable television service to such
residents at a connection charge not to exceed the
actual installation costs incurred by the Grantee III
for the distance exceeding one hundred fifty (150)
feet.
9. Franchise Area.
the following:
"Franchise Area" shall mean
a.
All of the Catawba Magisterial
District except for the area south
of I-81 and east of Route 419.
That portion of the Windsor Hills
Magisterial District which includes
the west side of Keagy Road to
Wal ton Lane and from Wal ton Lane
southwest to the Catawba
Magisterial District including
Fairway Forest Subdivision.
b.
10. Reservation of Riahts. Both the County and
the Grantee expressly reserve any and all rights
which each has under federal or state law
including, but not limi ted to, the Cable
Communications POlicy Act of 1984, as amended by
the Cable Television Consumer Protection and
Competition Act of 1992.
11. Enforcement.
No later than the effective
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October 25, 1994
æ-=7
date of this Franchise the Grantee shall obtain
and provide a surety bond in a form acceptable to
the Grantor, or shall deposit and maintain a
letter of credit, in the sum of $25,000 and to be
maintained throughout the term of this Franchise.
This bond, or letter of credit, shall be used to
ensure the faithful performance by the Grantee of
all provisions of this Ordinance and the Franchise
Agreement including the paYment by Grantee of any
penal ties, costs, claims, liens or t,axes due by
reason of the construction, maintenance, or
operation of the Cable Television System, or any
breach of any provision under this Ordinance.
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12. Effect of Amendment. To the extent the
provisions of this Amendment conflict with any
provision in Ordinance No. 2308, the provisions of
this Amendment shall control, and the inconsistent
provisions of Ordinance No. 2308 are hereby
repealed. In all other respects the provisions of
Ordinance No. 2308 are hereby ratified and
confirmed.
(2) The County Administrator is hereby authorized to
execute an agreement with Booth American Company, d/b/a/ Salem
Cable TV, to carry into effect these provisions all upon such
form as shall be approved by the County Attorney.
(3) This ordinance shall be in effect from and after
its enactment.
On motion of Supervisor Johnson to adopt the ordinance
with changes on page 2, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Resolution Creatina a Roanoke County Cable
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Television Committee to Provide Oversiaht and
Advice on the Operations of Salem Cable TV.
(Joseph Obenshain, Senior Assistant County
Attorney)
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October 25, 1994
R-102594-13
Supervisor Eddy suggested that the members from the
Town of Vinton be eliminated since Salem Cable TV does not
operate in Vinton, and that Supervisor Kohinke be added to the
committee since Salem Cable TV operates in the Catawba District.
Supervisor Kohinke responded that he would prefer a citizen from
the Catawba District, but he would serve until a citizen is
appointed.
Supervisor Johnson moved to adopt the resolution
amended to reduce of committee members to five, consisting of
four current members plus a members from the Catawba District,
and Supervisor Kohinke will serve as the Catawba District
representative until a citizen can be appointed.
carried by the following recorded vote:
The motion
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 102594-13 CREATING A ROANOKE
COUNTY CABLE TELEVISION COMMITTEE TO PROVIDE
OVERSIGHT AND, ADVICE ON THE OPERATIONS OF
SALEH CABLE TV
WHEREAS, by Ordinance 102594-12, adopted this day, the
Board of Supervisors of Roanoke County, Virginia has granted unto
Booth American Company of Detroit, Michigan, d/b/a Salem Cable TV
a five year franchise to operate a community antenna or cable
television (CATV) system within a designated franchise area of
Roanoke County; and
WHEREAS, the Board of Supervisors of Roanoke County had
previously created the Roanoke Valley Regional Cable Television
Committee in conjunction with two other political jurisdictions
in the valley to monitor and assist in the enforcement and
implementation of the franchise granted to Cox Cable Roanoke,
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October 25, 1994
æ9
Inc. for a cable television system in the county; and
:wHEREAS, the Roanoke Valley Regional Cable Television
Committee has proven to be an effective vehicle for coordination
and compliance monitoring between the county and Cox Cable
Roanoke, Inc. and this Board wishes to establish a similar
committee to work with Salem Cable TV during the term of its
franchise with the county; and
BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
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1. A committee of five (5) members is hereby created
to operate as the CATV Committee for the Salem Cable TV franchise
operation. The membership of this CATV Committee shall consist
of the four representatives from the County of Roanoke currently
serving on the Roanoke Valley Regional Cable TV Committee, and
one member to be appointed from the Catawba Magisterial bistrict.
A Chairperson shall be elected by the Committee for a period of
one ( 1) year, or for such other term as the Commi ttee sha 11
determine.
2. The CATV Committee shall meet at the call of the
Chairperson or at such other times as the Committee shall
determine, and not less often than once each year. A quorum
shall be constituted by three (3) members. The CATV Committee
shall be authorized to adopt such By-laws and rules of procedure
as are necessary to exercise the responsibilities granted to this
committee. The General Manager of Salem Cable TV shall be given
notice of the date, time and location of each meeting, with at
least 10 days notice where possible, and may attend all such
meetings, except when the meetings are in executive session.
3. The powers and duties of this CATV Committee shall
be as follows:
a. To advise the Board of Supervisors on
applications for franchises for cable television
systems to serve any portion of the franchise area of
Salem Cable TV;
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b. To monitor compliance by the franchise
operator with the provisions of their franchise
ordinance and agreement and to advise the Board of
Supervisors on any matters which might constitute
grounds for any penalties or forfeitures, whether
monetary or otherwise, or for revocation of the
franchise in accordance with Section 18 of the
Ordinance or of any agreement;
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October 25~ 1994
c. To advise on the regulation of rates in
accordance with the franchise ordinance, the franchise
agreement, and any applicable law, to the extent
permitted by applicable law;
d. To hear all complaints from subscribers who
are not satisfied with the response from Salem Cable TV
regarding the operation of the franchise operator; to
make a record of and to respond to such complaints; to
make reasonable efforts to resolve complaints with the
franchise operator; and to report to the Board of
Supervisors on an annual basis the results of its
actions relating to all complaints;
e. To review any proposed change in franchise
ownership and to recommend to the Board of Supervisors
whether approval for such change should be granted;
f. To coordinate the review of any records
required to be submitted by the franchise operator;
g. To review budgets involving operation of any
government and education access channels and to
coordinate the expenditure of any capital grant funds
provided for in the franchise agreement for the
development of educational and governmental access
channels and other proper access uses of this cable
system;
h. To develop appropriate policies and
procedures and to maintain such records as shall be
necessary for the successful functioning of this
franchise operation;
i. To coordinate with, and, if deemed
productive, to meet with, any individual or committee
designated by the City of Salem to perform similar
responsibilities for that jurisdiction concerning the
operations of the same franchise operator; and
j. To carry out
provided for by Section
adopted May 22, 1979, as
necessary to carry out the
its subsequent amendments.
any regulatory program as
16 of Ordinance No. 2308,
the Committee shall deem
intent of this Ordinance and
4. This resolution shall be in effect from and after
its passage.
On motion of Supervisor Johnson to adopt the ordinance
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October 25~ 1994
SM
as follows:
(1) with the changes suggested by Supervisors Eddy
and Nickens, page 3; (2) reduction of committee to five members;
(3) committee to consist of four current Roanoke County members
of Roanoke Valley Regional Cable Television Committee, plus
member to be appointed from Catawba Magisterial District, and (4)
Supervisor Kohinke to serve as Catawba representative until
citizen can be appointed, and carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
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IN RE:
ADJOURNMENT
At 9:00 p.m., Supervisor Johnson moved to adjourn to
October 31, 1994, at 12:00 Noon to tour the Water Treatment Plant
and ValleyTech Park.
The motion carried by a unanimous voice
vote.
Respectfully submitted,
Approved by,
LI3~
Lee B. Eddy, Chairmpn
/7)~.fl. ~~
Mary H. Allen, CMC
Clerk to the Board
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October 25, 1994
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