HomeMy WebLinkAbout2/26/1991 - Regular
February 26, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. W.
Roanoke, Virginia 24018
February 26, 1991
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the fourth Tuesday, and the second regularly
scheduled meeting of the month of February, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:10 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson, Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. Hubbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Branan Thompson,
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Colonial Avenue Baptist Church.
The Pledge of Allegiance was
recited by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Chairman McGraw introduced members of Cub Scout Pack 224, Den
2 from Cave Spring Baptist Church.
IN RE:
NEW BUSINESS
~ ReQUest for aooroval of a Raffle Permit - Roanoke
Valley Association of REALTORS.
A-22691-1
Gerri Rorer, with the commissioner of the Revenue's
Office,
explained that the Commissioner's Office did not
recommend approval because the drawing would be held at Hidden
Valley Country Club, located in Salem, not Roanoke County. Ms.
Anna Lee Stevens from the Roanoke Valley Association of REALTORS
was present and advised that the drawing would either be held at
their office on Starkey Road or at one of the golf holes located
in Roanoke County.
Supervisor Johnson moved to approve the raffle permit
if the raffle was held in Roanoke County. The motion was carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
~ ReQUest for Industrial Develooment Authoritv Bonds
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February 26, 1991
080
from Certified Medical Reoresentatives Institute.
Director of Economic Development Tim Gubala introduced
Jim Dutton from CMR Institute and Webster Day, attorney
representing CMR Institute. He explained that the Industrial
Development Authority had reviewed the request and recommended
issuance of the industrial revenue bonds in the amount of
$360,000.
Jim Dutton, President of CMR Institute, described the
CMR program as a 501c non-profit organization founded for
professional development and certification in the pharmaceutical
industry.
In response to a question from Supervisor JOhnson,
Commissioner of the Revenue Wayne Compton advised that the
organization would have to get the authority of the Board of
Supervisors to become exempt from real estate taxes.
Supervisor Nickens expressed opposition to using
industrial development bonds for businesses that do not
contribute to the tax base of the County and moved to deny the
request.
Supervisor Johnson moved to table action to the March
12 meeting to allow for further study of the request. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Resolution adootinq oOlicies and criteria to
() a 1 ~
February 26, 1991
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qovern the 1991 Roanoke County redistrictinq.
R-22691-2
County Attorney Paul Mahoney reported that the
resolution lists various policies and criteria to govern the
redistricting process
in Roanoke
County
including
equal
population, compact and contiguous districts, clearly observable
boundaries, community of interest, minority representation and
the exploration of several alternatives.
There was discussion regarding changing the language in
the resolution in reference to the North Lakes subdivision and
the use of streets as boundaries.
Supervisor Nickens moved to adopt the resolution with
amendments to numbers 4 and 5 (underlined in resolution). The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 22691-2 ADOPTING POLICIES AND
CRITERIA TO GOVERN THE REDISTRICTING OF
ROANOKE COUNTY IN 1991
WHEREAS,
the Consti tution and the Code of the
Commonwealth of Virginia establish certain requirements for the
reapportionment
of
election
districts
based
upon
equal
representation and compact and contiguous territory, and
WHEREAS, the Voting Rights Act implements and expands
certain united States constitutional guarantees, and requires
that each redistricting plan or voting change be submitted to the
February 26, 1991
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United states Justice Department and precleared before it can be
put into effect to conduct an election, and
WHEREAS, no change in voting practices or procedures
shall have the purpose nor the effect of denying or abridging the
right to vote on account of race or color, and
WHEREAS, all citizens shall have an equal opportunity
to participate
in the political
process
and to
elect
representatives of their choice, and
WHEREAS, after public notices and advertisement and
individual notices to various community groups and organizations,
a public hearing on redistricting policies and procedures was
held on January 22, 1991.
NOW THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia:
1) That there is hereby appointed a commi ttee
composed of the General Registrar, the Director of Planning and
Zoning and the County Attorney, which shall prepare one or more
redistricting plans for election districts for the Board of
Supervisors of Roanoke County, Virginia.
2) That the number of persons in each election
district shall be as nearly equal as is practicable based upon
the 1990 federal decennial census.
Any deviation from equality
of population shall be justified only when it is the result of
the criteria set forth herein.
In no case shall the deviation
exceed five (5) percent of the ideal district population.
3) That election districts shall be compact and
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Februarv 26, 1991
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contiguous, unusual elongations or irregularities of boundaries
shall be avoided.
4)
That
clearly
observable,
definable
and
distinguishable boundaries
shall be created
for election
districts, such as streets (where neiqhborhoods would not be
divided), rivers, streams, drainage features, or other permanent
physical features shown on official maps.
5) That election districts shall be established to
reflect
existing
communities
of
interest,
taking
into
consideration rural, suburban and urban interests, as well as
racial,
ethnic,
economic,
social
and
neighborhood
characteristics.
These criteria include, for example, combining
the North Lakes residential subdivision into one election
district; attempting to conform high school attendance zones with
election districts; and retaining the Town of vinton entirely
within a single election district.
6) That minority populations be identified and
located for the purpose of accommodating their lawful needs and
interests in establishing election districts.
7) That the committee prepare one or more five (5)
election district alternatives, as well as exploring options to
expand the number of districts and including an at-large
district.
On motion of Supervisor Nickens to adopt ordinance with
clarifications in language in paragraphs #4 and #5, and carried
by the following recorded vote:
February 26, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING FOR
REZONING ORDINANCE - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
and set the public hearings for March 26, 1991. The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
1. An ordinance to amend proffered conditions on
approximately 4.35 acres, to construct a
professional office park in accordance with a
concept plan dated March 28, 1988, located on
the north side of Route 419 at the
intersection of Chaparral Drive, Cave Spring
Magisterial District upon the petition of
Fralin , Waldron, Inc.
2. An ordinance to rezone a .324 acre tract from
B-1 to B-2 to operate a video repair business
in an existing structure located at 3556
Brambleton Avenue, Cave spring Magisterial
District upon the petition of Erwin B.
Richards.
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance amendinq and readootinq Article III.
Parkinq of Chaoter 12. Motor Vehicle and Traffic of the Roanoke
County Code
0-22691-3
085
February 26, 1991 _._
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Mr. Mahoney reported that this ordinance will increase
penalties for parking violations including handicapped parking
spaces. There was no discussion.
Supervisor Robers moved to adopt the ordinance. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-3 AMENDING AND READOPTING ARTICLE III.
PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF
THE ROANOKE COUNTY CODE
WHEREAS, the 1990 session of the General Assembly
amended § 46.2-1220, Code of Virginia, 1950, as amended, to add
Roanoke County to the list of counties having the powers of any
city and town to regulate parking within its boundaries by
ordinance; and
WHEREAS, the Board of Supervisors finds it necessary to
enlarge and strengthen the powers and authority of the Roanoke
County Police Department to control the parking and abandonment
of motor vehicles on the public streets, roads and highways of
Roanoke County and on private property subject to its
jurisdiction, and to increase the penalties for certain parking
violations; and
WHEREAS, the first reading of this ordinance was held
on February 12, 1991; the second reading and public hearing for
this ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, as follows:
February 26, 1991
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1. That Chapter 12, Motor Vehicles and Traffic, Article
III., Parkinq, of the Roanoke County Code, be, and it hereby is,
amended and readopted to read and provide as follows:
ARTICLE III. PARKING
DIVISION 1. GENERALLY
Sec. 12-50.
Regulation of parking on county-owned property
generally.
ßl The County Administrator is herebY deleqated the
authority to establish requlations reqardinq parkinq on county-
owned propertv, other than school board property, not in conflict
wi th any provision of this Article. The school board or its
desiqnated aqent is herebY authorized to establish parking
requlations on school board property.
.!J:2l Such requlations as shall be developed bv the
County Administrator under this section shall only take effect
after havinq been advertised for four (4) successive weeks in a
newspaper of qeneral circulation in Roanoke County and after
havinq been presented to the Board of Supervisors for review and
comment. Such requlations shall be conspicuouslY posted at the
Roanoke Countv Courthouse, the Roanoke County Administration
Center and the Roanoke County Public Safety Center. Copies of
such requlations shall be available to all citizens at any
Roanoke County Branch Library.
l£l Any person violatinq any such requlation developed
pursuant to this section shall be deemed quilty of a traffic
infraction and be subiect to the fines and punishment as
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February 26, 1991
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established in Sec. 12-51.
Sec. 12-51.
Penalties for parking violations. RcgulatÜm of
parJdng on county awned property generally.
[Formerly Sec. 10-10 (e)].
Any person violating any of the provisions of this
Article eJection shall be deemed guilty of a traffic infraction
miademeanor and, upon conviction thereof, shall be fined
according to the following schedule:
Double parking .
. . . . .
. . . . .
. . . . . . .$15.00
$10.00
Parking over allowed time . . . . . . . . . . . .$15.00
$10.00
Parking improperly. . . . . . . . . . . . . . . .$15.00
$10.00
Unattended motor in operation. . . . . . . . . . .$15.00
$10.00
Parking in reserved space. . . . . . . . . . . . .$15.00
$10.00
Blocking traffic. . . . . . . . . . . . . . . . .$15.00
$10.00
Parkinq within 500 feet of accident or area
of emerqency . . . . . . . . . .
Parking in fire lane, in front of fire hydrant
. .$25.00
or fire or rescue building .
. . .
.$25.00
Parking in area designated for handicapped. . . .$50.00
$25.00
February 26, 1991
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Parking in designated space on county property. .$15.00
$10.00
Any violation of this Article not otherwise
scheduled
. . . . . .
. . .
. .$15.00
In addition to the imposition of such fines, any motor
vehicle parked in violation of this section may be moved to a
garage or parking lot for storage at the expense of the owner of
such motor vehicle.
(a) ':Phe :board of supervisera is hereby authoriEed to
establish requlatiena reqardinq parJtinq en county awned preperty.
other than scheel :board preperty, net in conflict with any
pre~Jisien ef this article. ':Phe scheel board er its desiqnated
agent is hereby authoriEcd to establish parJdnq requlatiens en
Dchool :board property.
(b) Any person violatinq any regulation established by
the board of supervisors or the achool beard or its designated
aqent pursuant to this aection shall be dee.med quil ty of a
traffic infraction.
Sec. 12-52.
Parkinq on streets
Uftlawful parkiftg ift
haftdieapped.
and hiqhways qenerall~.
spaees reser~Ðd fer t e
ßl No motor vehicle shall be parked or left standing
on any portion of any street, hiqhway or other public way in the
county for more than five (5) consecutive days.
.!J:2l No motor vehicle shall be parked in any location
marked as a "No Parkinq" zone.
l£l No owner, operator or other person drivinq or in
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February 26, 1991
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charqe of a vehicle shall cause or knowinqlY permit it to stand
unattended on any street, hiqhway or other public way or in any
public place in the county with the iqnition key left in the
iqnition lock, switch or system of such car or with the iqnition
system of such car in an unlocked position.
191 No vehicle shall be backed UP to a curb or street
line except durinq the time actually enqaaed in loadinq or
unloadinq materials therefrom. and then only if place in such
manner as not to impede the flow of traffic alonq such street.
hiqhway or other public way.
~ All vehicles shall be parked parallel to any curb
or roadway and with one rear wheel no further than twelve (12)
inches from the curb or edqe of the paved roadway.
líl All vehicles shall be parked no less than four (4)
feet apart when parked parallel to a curb or roadway.
19l No vehicle ~hall be parked on the roadway side of
and parallel to any vehicle parked at the edqe or curb of a
street.
lhl No vehicle shall be parked or stoPped within five
hundred (500) feet of a fire. vehicle or airplane accident or
other area of emerqency or in such a manner as to create a
traffic hazard or interfere with the necessary procedures of
police. fire fiqhters. rescue workers or others whose duty it is
to deal wi th such emeraencies. Any vehicle found unlawfull y
parked in the vicinitv of such fire. accident or area of
emerqency may be removed bY order of a police officer on the
February 26, 1991
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scene at the risk and expense of the owner if such vehicle
creates a traffic hazard or interferes with the necessary
procedures of police. fire fiqhters, rescue workers or others
whose assiqned duty it is to deal with such emerqencies.
ill An emerqency vehicle or any personal vehicle
operated by a law enforcement officer. fire fiahter. emeraency
medical services officer or county volunteer fire fiqhter or
rescue squad member respondinq to an emerqency or a leqitimate
public safety need shall not be considered in violation of this
section.
(a) It shall bc unlawful for any pcrson te par]t a
vchiclc not displayinq a liccnsc platc, dccal or spccial parking
pcrmit iSBucd undcr cscctienB 4(;.1 184.1, -46.1 149.1 or -4G.l
254.2 ef the Codc of Virqinia, in a parking apacc rcservcd for
thc handicappcd on public propcrty or at pri~y'atcly owncd par]dng
arcas.
(b) Any policc officcr or dcputy cshcriff obcscr;inEJ a
metor YJchiclc parJte.d in vielatien ef this acction may iasuc a
summona for auch offcnsc ~itheut thc ncccssity of a ~arrant bcing
obtaincd by thc ewncr ef Buoh privatc par]tinEJ arca.
Sec. 12-53. parking in fire lanes unlawful. rarkiBg eft parade
reute. [Formerly Sec. 12-60.]
(a) It shall be unlawful for any person to park in or
otherwise obstruct a fire lane designated and marked by the fire
marshall in accordance with Sec. F-313.1, et seq., of the Fire
Prevention Code of the County of Roanoke.
0. 91 y..
February 26, 1991
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(b) The fire marshall or any law-enforcement officer
may enforce this section in accordance with the provisions of
this Chapter and may have any motor vehicle parked in violation
of this section towed to a garage or parking lot for storage, at
the expense of the owner of such motor vehicle.
1£l Pursuant to the authoritv provided and within the
limitations established bv ~~ 46.2-113 & 46.2-1300 C of the Code
of Virqinia, 1950, as amended, the penalty for violation of this
section shall be such as provided by Sec. 12-51.
':Phc shcriff shall havc thc authority, ,¡¡hcn rcaaonably
nCCcssary, to prohibit or rcstrict thc par]cinq of vchiclcs alonq
a hi~hway or part thcrcof constitutinEJ a part of thc routc of a
parade for which a pcrmit haa bccn EJrantcd under chapter 14 of
this Codc and to post csiqncs to auch cffcct. Whcn such csiqns are
se postcd, it shall :bc unlawful for any percson ta parJt or leavc
unattcndcd any vchiclc in violation thcreof.
Sec. 12-54.
Parkinq Þrohibited in soecified Þlaces. l'ÐBalty
fer parkiftg ~ielatieft9.
No person shall park or leave standinq a motor vehicle
in any of the followinq places. except when necessary to comply
with the directions of a police officer or traffic-control
device:
lsl within any intersection:
1Ql within twenty (20) feet of an intersection:
l£l within five (5) feet of the entrance of any public
or private driveway to any street, hiqhway or other
February 26, 1991
092 è
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public
way within the county:
191 Within fifteen (15) feet of a fire hYdrant on
public or private property or of the entrance to
any buildinq housinq fire equipment, rescue squad
equipment or ambulances:
~ within twenty (20) feet or upon any bridqe.
viaduct or railroad crossing:
líl Any parkinq space reserved for the handicapped on
a public street, hiqhway. or other public way in
the county
or in privatelY owned parkinq areas
open to the public. unless such vehicle displays a
special license plate, decal or parkinq permit
issued pursuant to Sections 46.2-731, 46.2-739 or
46.2-1238, Code of Virqinia, 1950. as amended:
191 At any location where. at the time. parkinq.
standinq or stoppinq is prohibited and off icial
siqns or other markers to that effect have been
erected or installed and are visible to an
ordinarilY observant person:
lhl Alonq any street, hiqhway. of other public way
within the county or part thereof constitutinq a
part of the route of a parade for which a permit
has been qranted under Chapter 14 of this Code.
The Chief of Police shall have the authority to
desiqnate any parade route and to post siqns to
such effect and when such siqns are so posted, no
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February 26, 1991
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person shall park or leave unattended any motor
vehicle in violation thereof.
DIVISION 2. PARKING TICKETS
Sec. 12-55. Parking tickets generally.
The Chief of Police cshcriff shall prepare an
appropriate ticket and ticket stub for use in enforcing the
provisions of this Article. Any law-enforcement officer charged
with enforcing this Article shall attach, in plain view, to any
vehicle parked in violation of this Article, a ticket notifying
the owner or operator of such vehicle of the violation and
instructing such owner or operator when and where to report with
reference to the violation. The time of the violation shall be
noted on the ticket and stub. The ticket stub shall be turned in
to the off ice of the county :rreasurer of Roanoke County. The
ticket and stub shall have corresponding numbers. The ticket
shall contain the following statement:
"NOTICE: You may pay this by appearing at the
Office of the County Treasurer of Roanoke County, 3738
Brambleton Ave., Roanoke, Virginia between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday. If you
prefer, you may mail the ticket and fine to the
Treasurer's Office at P.O. 21009, Roanoke, Virginia
24018-0533. Checks should be made payable to the
Treasurer of Roanoke County. If you fail to pay this
ticket within ten (10) days, sc~;cnty twe (72) hours
then further action will be taken which could result in
February 26, 1991
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your having to appear in court and to pay additional
costs."
Sec. 12-56. Voluntary paYment or contest of parking ticket.
(a) Within ten (10) days SC7cnty twe (72) hours of the
time when a ticket is attached to a vehicle pursuant to Sec.
cscotion 12-55, the owner or operator of such vehicle may appear
in the Treasurer's Qff ice, during regular working hours, and
waive his right to be formally tried for the violation indicated
on the ticket, by paying the fine prescribed by Sec. eJcction 12-
51 12 54 as penalty for, and in full satisfaction of, such
violation.
(b) In lieu of payment of the fine in accord with
subsection (a) above, such owner or operator may contest the
parking ticket, within the time prescribed in subsection (a), by
presenting it to the county Treasurer of Roanoke County, who
shall certify such contest, on an appropriate form, to the
Qeneral Qistrict ~ourt.
Sec 12-57. Procedure for delinquent parking tickets.
(a) If the owner or operator of the motor vehicle to
which a ticket is attached pursuant to this Article does not
appear in the county Treasurer I s Qff ice and pay the fine or
present the ticket for certification within the time prescribed
in Sec. acction 12-56, the Treasurer shall, in order to secure
the collection of county funds, notify the owner or operator of
the vehicle in question, by mail directed to his last known
address or his address as shown on the records of the Department
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February 26, 1991
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otatc di~;ision of Motor yehicles, that he may pay the fine
provided by Sec. 3cction 12-51 12 54 for such violation, plus a
penalty in the sum of five ºollars ($5.00), within five (5) days
of the receipt of the notice at the .îreasurer' s Qffice. Such
notice shall be contained in an envelope with the words "Law-
Enforcement Notice" stamped or printed on the face thereof in
type at least one-half inch in height.
(b) If a person to whom the notice provided for in
subsection (a) above is given fails to pay the fine and penalty
within the time prescribed in the notice, the .îreasurer shall
notify the officer who issued the original ticket and the
Treasurer such officcr shall then cause to be issued a complaint,
summons or warrant for the delinquent parking ticket. The owner
or operator of the vehicle in question may pay the fine to the
.îreasurer prior to the date he is to appear in court, provided he
also pays necessary costs and the penalty referred to in
subsection (a) above. The .îreasurer's receipt therefor shall be
conclusive evidence of such payment.
Sec. 12-58.
Record of, and accounting for, paYments received
under Sections 12-56 and 12-57.
The county .îreasurer of Roanoke County shall keep
appropriate records of, and account for, all fines and penalties
paid to him pursuant to .s.ections 12-56 and 12-57.
Sec. 12-59. Presumption in prosecutions for parking violations.
In any prosecution charging a violation of any
provision of this Article or any regulation or rule established
February 26, 1991
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pursuant hereto, proof that the vehicle described in the
complaint, summons, parking ticket or warrant was parked in
violation of such provision, together with proof that the
defendant was, at the time of such parking violation, the
registered owner of the vehicle as required by ~hapter 6 (~ 46.2-
600 et seq.) 3 (-46.1 41 ct seq.) of ~itle 46.2 460% of the Code
of Virginia, 1950 as amended. shall constitute in evidence a
rebuttable presumption that such registered owner of the vehicle
was ftS the person who parked the vehicle at the place where, and
for the time during which, such violation occurred.
Sec. 12-61.
Removal or immobilization
aqainst which there are
violations.
of motor
outstandinq
vehicles
oarkinq
121 Any motor vehicle parked on the public hiqhways or
public qrounds aqainst which there are three (3) or more unpaid
or otherwise unsettled parkinq violations may be removed to a
place within Roanoke County or in an adiacent locality desiqnated
by the Chief of Police of Roanoke County for the temporary
storaqe of the vehicle, or, in the alternative. such vehicle may
be immobilized in a manner which will prevent its removal or
operation except by authorized law enforcement personnel. Any
such removal or immobilization as authorized by this section
shall only be conducted bv or under the direction of a Roanoke
County Police Officer.
LQl It shall be the duty of the police officer
removinq or immobilizinq any motor vehicle or under whose
direction such vehicle is removed or immobilized, to inform as
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February 26, 1991
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soon as practicable the owner of the removed or immobilized
vehicle of the nature and circumstances of the prior unsettled
parkinq violation notices for which the vehicle was removed or
immobilized. In any case in which a vehicle is immobilized
pursuant to this section. a notice warninq that the vehicle has
been immobilized and that any attempt to move the vehicle miqht
damaqe it shall be placed on the vehicle in a conspicuous manner.
l£l The owner of any immobilized vehicle. or other
person actinq on his behalf. shall be allowed at least twenty-
four (24) hours from the time of immobilization to repossess or
secure the release of such vehicle. Failure to repossess or
secure the release of the vehicle within that time period may
result in the removal of the vehicle to an authorized storaqe
area for safekeepinq under the direction of a police officer.
i9l The owner of the removed or immobilized motor
vehicle, or other person actinq on his behalf. shall be permitted
to repossess or to secure the release of the vehicle by paYment
of all outstandinq parkinq violation notice for which the vehicle
was removed or immobilized and by paYment of all costs incidental
to the immobilization. removal and storaqe and the efforts to
locate the owner of the vehicle. In the event the owner shall
fail or refuse to pay such fines and costs within fifteen (15)
days of the date of notice. by reqistered or certified mail.
return receipt requested. or should the identifY or whereabouts
of the owner be unknown and unascertainable, the motor vehicle
may be sold in accordance with the procedures set forth in s
February 26, 1991
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46.2-1213.
Sec. 12-61 - 12-65. Reserved.
DIVISION 3. DIVICION 2. COURTHOUSE PARKING LOT
Sec. 12-66. patrolling.
The courthouse parking lot shall be periodically
patrolled by The Sheriff of the County of Roanoke or his Deputies
county law enforccmcnt officcrs and, when unlawful parking is
found, the drivers involved shall be duly notified as prescribed
in this Article.
Sec. 12-67.
Parkinq requlations. Use rules geftcrally.
The use of the courthouse parking lot shall be in
accordance with procedures developed by the County Administrator
rulcs cstaJ9lishcà by thc :beard of supcrvisers not inconsistent
with the provisions of this division.
Sec. 12-68.
"No parking" spaces.
Spaces on the courthouse parking lot in which parking
is prohibited shall be indicated by parallel lines drawn across
the same. It shall be unlawful for any person to park a vehicle
in any such space.
Sec. 12-69.
Parking wi thin marked space; occupancy of more
than one space.
A vehicle parked on the courthouse parking lot shall be
parked within the lines indicated a parking space, and no vehicle
shall be parked so as to occupy more than one such space.
Sec. 12-70.
Leavinq motor or parked vehicle running.
It shall be unlawful for any person to leave the motor
o y y
February 26, 1991
-
of a vehicle running, while such vehicle is parked on the
courthouse parking lot and is unattended.
Sec. 12-71. parking so as to block traffic.
It shall be unlawful for any person to park a vehicle
on the courthouse parking lot in such manner as to block traffic
on such lot.
Sec. 12-72. General time limit for parking.
No vehicle shall be parked or permitted to remain on
the courthouse parking lot for more than two (2) hours, between
the hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays,
with the exception of the use of reserved spaces by those persons
for whom such spaces are reserved. Nothing in this section shall
be deemed to authorize the violation of ~ection 12-73.
Sec 12-73. Thirty-minute spaces.
(a) The erection of signs reserving five (5) spaces on
the courthouse parking lot, with a thirty-minute time limit, for
the convenience of courthouse customers, is hereby authorized.
(b) When the signs referred to in subsection (a) above
are in place, it shall be unlawful for any person to park any
vehicle in a space to which the sign applies for longer than
thirty (30) minutes.
Sec. 12-74. Unlawful parking in reserved space.
When a parking space on the courthouse parking lot is
reserved for a particular person or office-holder and is marked
"Reserved," it shall be unlawful for any person, other than the
person or official for whom reserved, to park a vehicle in such
February 26, 1991
100
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space.
Sec. 12-75. Maximum length of parked vehicles.
No vehicle longer than twenty-two (22) feet shall be
parked on the courthouse parking lot.
Secs. 12-76 - 12-90. Reserved.
2. That the provisions of Sec 10-10 (d) & (e) of the
Roanoke County Code, Parkinq Requlations are hereby repealed.
3. That this amendment shall be in full force and
effect on and after March 1, 1991.
On motion of Supervisor Robers to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Ordinance amendinq Article II of Chaoter 12. Motor
Vehicle and Traffic. Section 12-34 of the Roanoke County Code to
increase the oermissible maximum oenaltv for violations.
0-22691-4
This ordinance increased the penalty for failure to
obtain a county vehicle decal to a maximum of $100.00.
Supervisor Nickens inquired whether the ordinance could
not be amended to the maximum allowed of $250.00 instead of
$100.00. Assistant County Attorney Joseph Obenshain responded
that the Commonwealth's Attorney recommended $100.00 and that is
in line with other localities. In response to further questions,
Mr. Obenshain responded that the ordinance could be amended to a
10 1
February 26, 1991
-
maximum fine of
$250.00 which could be used against repeat
offenders.
Supervisor Nickens moved to adopt the ordinance with a
maximum fine of $250.00. The motion was carried by the following
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-4 AMENDING SECTION 12-34 OF
THE ROANOKE COUNTY CODE TO INCREASE THE
PERMISSIBLE MAXIMUM PENALTY FOR VIOLATIONS
WHEREAS residents of Roanoke County continue to evade
payment of personal property taxes and purchase of county vehicle
decals because the fine for failure to display the county's
license decal is often small in proportion to any tax owed; and
WHEREAS the General Assembly has recently amended §
18.2-11(d) of the Code of Virginia to increase the maximum
penalty which can be imposed by a locality for violation of a
local license ordinance.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 12-34 of the Roanoke County Code
entitled "Display of decal generally" be amended and reenacted to
read and provide as follows:
Sec. 12-34.
Display of decal generally.
a)
A license decal issued under this article shall be
attached to and displayed on the windshield of the vehicle for
which issued in such manner as to be clearly visible.
February 26, 1991
102
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b) It shall be unlawful for any person to operate a
motor vehicle, trailer, or semi-trailer required to be licensed
under this article on any street, highway, road, or other
traveled way in the County, unless a current license decal is
displayed thereon as required by this section. The fact that the
current license tax has been paid on such vehicle shall not bar
prosecution for a violation of this section. A violation of this
section shall be punished by a fine of not less than twenty
dollars ($20.00) and not more than two hundred fifty dollars
($250.00)cxoecdinEJ t~cnty dollarB ($20). Any violation of this
section may not be discharged by payment of such fine except upon
presentation of satisfactory evidence that the license herein
required has been obtained.
c) Each day that a vehicle is operated without a
current license decal beinq displayed shall be considered a
separate offense for purposes of this section.
2. The effecti ve date of this ordinance shall be
March 1, 1991.
On motion of Supervisor Nickens to adopt ordinance
changing the maximum penalty to $250.00, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Ordinance extendina the franchise of Cox Cable
:1 03
February 26, 1991
-
=
Roanoke. Inc. to ooerate a cable television system in Roanoke
County for a Deriod of 60 days and providinq for a 1% increase in
the franchise fee Davment.
0-22691-5
Supervisor McGraw advised he had received notice from
O. D. Page, the cable consultant, outlining the items that the
negotiators and Cox do not agree on.
Assistant County
Administrator Joseph Obenshain described the process if there is
no agreement on the franchise.
Supervisor Nickens noted that the ordinance calls for
the franchise fee to be increased to 5% effective March 1, 1991
and suggested the fee should be retroactive to January 1, 1991.
Supervisor Nickens moved to adopt the ordinance
amending the franchise fee to be retroactive to January 1, 1991.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-5 EXTENDING THE FRANCHISE OF
COX CABLE ROANOKE, INC. TO OPERATE A CABLE
TELEVISION SYSTEM IN ROANOKE COUNTY FOR A
PERIOD OF 60 DAYS AND PROVIDING FOR A 1%
INCREASE IN THE FRANCHISE FEE PAYMENT
WHEREAS, Cox Cable Roanoke, Inc. currently holds a
franchise granted by the Board of supervisors of Roanoke County,
Virginia, to operate a cable television system within portions of
Roanoke County as part of a valley-wide cable television system;
and
WHEREAS, negotiations have been under way for a period
February 26, 1991
104
-
of several months between Cox Cable Roanoke, Inc. and the County
-
of Roanoke, the City of Roanoke and the Town of Vinton, Virginia,
for the renewal of this franchise which was extended for a period
of sixty days from the expiration of the current franchise
agreement on December 31, 1990, by Ordinance # 121890-17, but
which negotiations may not be concluded sufficiently prior to the
present date of expiration to permit adoption by the respective
governing bodies prior to March 1, 1991; and
WHEREAS, Cox Cable Roanoke, Inc. is prohibited by
federal law from operating a cable television system within any
jurisdiction without a franchise agreement or extension as
defined by federal law; and
WHEREAS, the first reading of this ordinance was held
on February 12, 1991, and the second reading of this ordinance
was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That in order to permit Cox Cable Roanoke, Inc. to
continue to operate a cable television franchise within the
territorial limits of Roanoke County, Virginia, after March 1,
1991, and to prevent any interruption of cable television
services to customers of Cox Cable Roanoke, Inc., the franchise
of Cox Cable Roanoke, Inc. for the operation of a cable
television system wi thin Roanoke County, Virginia, is hereby
extended for a period of sixty (60) days beginning at 12: 00,
midnight on March 1, 1991.
105
February 26. 1991
=
=
2. That pursuant to Section 14 of the franchise
agreement dated January 20, 1975, the franchise fee paid to the
County of Roanoke shall be in the amount of five percent (5%) of
the grantee's gross revenues as provided for in the Cable
Communications Policy Act of 1984 from its cable television
service and operations effecti ve midnight on !larch January 1,
1991.
3. This ordinance shall be in full force and effect
from its passage.
On motion of Supervisor Nickens to adopt ordinance with
5% franchise fee retroactive to January 1, 1991, and carried by
the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
APPOINTMENTS
~ Parks and Recreation Advisory Commission
Supervisor Johnson asked Clerk to the Board Mary Allen
to contact Parks and Recreation Director Stephen Carpenter for
his list of suggested citizens to serve on the commission.
IN RE:
CONSENT AGENDA
R-22691-6
Supervisor Robers moved to adopt the Consent Agenda.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
February 26, 1991
106
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==
NAYS:
None
RESOLUTION 22691-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. that the certain section of the agenda of
the Board of Supervisors for February 26, 1991, 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 8, inclusive, as follows:
1.
Confirmation of Committee Appointments to the
Grievance Panel, the League of Older
Americans Advisory Council and the League of
Older Americans Board of Directors.
2.
Donation of drainage easement from Deborah A.
Line in connection with the Remington Road
Project in Hunting Hills Subdivision.
3.
Request for approval of Raffle Permit
Roanoke County Occupational School P.T.A.
4.
Acceptance of water and sani tary sewer
facilities serving Northpark Office Park.
5.
Acceptance of water and sanitary sewer
facilities serving Colonnade Corporate Center
II, Phase I.
6.
Acceptance of sani tary
serving Steeplehunt at
Section 5.
sewer facilities
Canterbury Park,
7.
Authorization to allow the Bent Mountain Fire
Station to be used by the Bent Mountain
Women's Club.
107
February 26, 1991
==
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 Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Suoervisor Eddv: (1) Asked about the new Roanoke
County Code Books. County Attorney Paul Mahoney advised that the
books should be available in two weeks. (2) Asked about the
results of the Peer Review study. Mr. Hodge advised that the
first draft of the report should be available by March 12, 1991.
(3 ) Asked about progress on the utility rate and feasibility
study. Mr. Hodge advised they are about 30 days behind schedule.
(4) Advised that the Fifth Planning District Commission is
planning their budget and programs for the next year and asked
for suggestions from the Board members. Supervisor McGraw
expressed appreciation to the 5th PDC for their assistance to the
Blue Ridge Region. (5) Asked what the maximum allowable
admission tax was. Mr. Mahoney advised he will get the
information and report back. (6) Asked for more information on
the study regarding annual versus biennial assessment. Chairman
February 26, 1991
108
-
I
McGraw asked the Clerk to the Board to gather all information
available and send to the Board members. There was general Board
consensus not to devote further study to this issue. Supervisor
Johnson asked for a report from John Willey on the Board of
Equalization.
Suoervisor Johnson:
( 1)
Announced that he would not
support cutting the DARE Program. (2) Asked that Mr. Hodge keep
everyone informed that no cutbacks have been made yet to the
budget.
SUDervisor Nickens:
(1)
Asked about the report on
county vehicles.
Mr. Hodge advised he had a draft copy of the
report and will have the report complete for the budget process.
(3)
Asked about the report on the therapeutics program.
(3)
Asked that employee raises not be included in the Airport
Commission and Landfill Board budget if city and county employees
don't receive raises.
Suoervisor Robers:
(1) Asked about the report on the
proposed 5% cutbacks. Mr. Hodge responded he will include those
in the budget process.
(2) Announced that the Virginia Chamber
of Commerce is sponsoring a seminar on drug and alcohol abuse in
the work place on March 5, and recommended sending someone from
the County staff.
(3)
Advised that he attended the opening
ceremonies of Elmcrest Estates on Sunday February 25, 1991.
Suoervisor McGraw:
(1)
Announced that the bill
expanding the moratorium on annexation had passed the senate.
(3) Advised that the Blue Ridge Region had received $20,000
1 0 9
February 26, 1991
-
-
funding from the state.
(3) Received a letter from Bruce Roy,
Firefighters Association, requesting that the County allow a dues
deduction on paychecks.
N. REPORTS
Supervisor Johnson moved to receive and file the
reports listed below.
The motion carried by a unanimous voice
vote.
1.
General Fund Unappropriated Balance
2.
Board contingency Fund
3.
Statement of income and expenses for the
seven months ended January 31, 1991.
4.
Accounts Paid - January 1991
IN RE:
CRYSTAL CREEK DRIVE ROAD IMPROVEMENTS
The following citizens spoke supporting the removal of
Crystal Creek Drive from the Six-Year Plan and opposing the
planned improvements to the road.
1. Daniel Pezzoni, 928 Clearwater Avenue
2. Vernon Claxton, 5213 Crystal Creek Drive
3. Bob Blankenship, 6025 Ponderosa Circle
4. Maureen Catern, Benchmark Engineering
5. Tim McBriar (no address given)
Supervisor Robers moved to table action regarding road
improvements to Crystal Creek Drive as outlined in the Virginia
Department of Transportation Six-Year Plan.
The motion was
February 26, 1991
11 0
-
carried by the following recorded vote:
===:::I
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
In response to questions from citizens who were
present, Mr. Hodge explained that this would put the project "on
the shelf" unless or until future residents or board members
support the road improvements. He emphasized that no action will
be take on the improvements in the near future.
Fred Altizer,
Resident Engineer, Virginia Department of Transportation further
explained that VDOT would archive the current plans until such
time in the future as there is new interest in the road
improvements.
IN RE:
WORK SESSION
1. six Year Plan
Assistant Engineering Director George Simpson and VDOT
Resident Engineer Fred Altizer reviewed the prioritization of the
existing projects listed on the six Year Plan for 1991-92.
$106,000 of the $250,000 is allocated for rural addition
projects. Projects listed under Incidental Construction will be
completed during 1991-92. In response to a question from
Supervisor Eddy, Mr. Altizer explained that roads that are paved
with slurry seal are completely funded by maintenance funds. The
roads listed on the six year plan are covered with plant mix.
Mr. Altizer reviewed the projects that were completed
during 1990 consisting of five major projects and six incidental
111
February 26, 1991
-
~
projects, including starkey Road, Barrens Road and Boones Chapel;
and announced that willow Lawn Branch will go to contract. The
Nelms Road drainage project was also completed.
Mr. Simpson advised that since the Crystal Creek road
improvements have been tabled, the staff and VDOT will probably
study improvements to Merriman Road as an alternative.
Supervisor Eddy asked Mr. Altizer to explain the
process regarding the six year plan. Mr. Altizer explained that
the state code requires that the Board shall participate in the
six Year Plan every two years, which is primarily a financial
plan for the Virginia Department of Transportation and lists the
roads that may be included.
Each year, the Board can then
prioritize the projects already listed on the six year plan in
regard to actual funding for the year.
Mr. Al tizer further
explained that roads could be added every year if the Board
desired; however, the state code only requires that this be done
every two years.
In response to a question from Supervisor Eddy
regarding how citizens can have their road added to the six Year
Plan, Mr. Altizer advised that they keep a file of all citizen
requests for road improvements.
In the fall, VDOT begins the
process and includes those roads that citizens have requested.
All roads are then evaluated and prioritized by VDOT and County
staff and
recommendations are brought to the Board of
Supervisors.
Supervisor Eddy stated that he supported reviewing and
February 26, 1991
11 2
-
adding roads to the six Year Plan every year instead of every two
years. Mr. Hodge suggested that the process should continue as
it has adding roads every two years, but if there is a critical
situation, this could be dealt with on a yearly basis. Mr.
Altizer pointed out that revenue sharing would allow road
improvements to be funded much quicker than inclusion on the six
Year Plan.
IN RE:
RECESS
EVENING SESSION (7:00 P.M.)
IN RE:
PUBLIC HEARINGS
291-1
Public Hearing to receive citizen comments on
the Roanoke County capital Improvement
Program.
The following citizens spoke regarding the Roanoke
County Capital Improvement Program:
1. Sue Lumsden. 6321 Woodbrook Drive, spoke in support
of the inclusion of additional classrooms and land for Back Creek
Elementary School in the CIP.
2. Tom Mason. 6120 Woodbrook Drive, spoke in support
of improvements to Cave Spring Elementary School including a
library, lighting and air conditioning.
3. Donna Vitor, 7222 HollYberry Road, spoke in support
of site improvements and parking at Cave Spring Junior High
113
February 26, 1991
-
-
School.
4. Charles Gusler. 4209 Twin Mountain Drive. spoke in
support of upgrade of parks and fields in east Roanoke County.
5 . Jan Danahy. 3250 Woodview Road, S. W.. spoke in
support of improvements to Green Valley Elementary School.
6. Ed Kohinke. 6913 Bradshaw Road. spoke in opposition
to committing funds to the construction of Spring Hollow
Reservoir.
There was a general discussion on the merits of using
Literary Loan funds for school capital improvements. School
Superintendent Bayes Wilson was present and advised that he will
report to the Board on March 12 on the state of the Literary Loan
Fund.
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
291-2 Ordinance to rezone approximately 0.5 acre
from B-1 to M-1 to expand existing building for
additional storage facility, located at 4721
starkey Road, Cave spring Magisterial District,
upon the petition of Roger Jefferson.
0-22691-7
There was no discussion and no one was present to
speak.
Supervisor Robers moved to adopt the ordinance and
approve the rezoning.
The motion was carried by the following
recorded vote:
February 26, 1991
11 4
-
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
=
NAYS:
None
ORDINANCE 22691-7 TO CHANGE THE ZONING
CLASSIFICATION OF A 0.5 ACRE TRACT OF REAL
ESTATE LOCATED AT 4721 STARKEY ROAD (TAX MAP
NO. 87.07-04-09) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-1 TO THE ZONING
CLASSIFICATION OF M-1 UPON THE APPLICATION OF
ROGER JEFFERSON
WHEREAS, the first reading of this ordinance was held
on January 22, 1991, and the second reading and public hearing
was held February 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 5, 1991; and,
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract
of real estate containing 0.5 acre, as described herein, and
located at 4721 Starkey Road, (Tax Map Number 87.07-04-09) in the
Cave Spring Magisterial District, is hereby changed from the
zoning classification of B-1, Office District, to the zoning
classification of M-l, Light Industrial District.
2. That this action is taken upon the application of
Roger Jefferson.
3. That the owner has voluntarily proffered in
11 5
February 26, 1991
;::=:::
writing the following conditions which the Board of Supervisors
hereby accepts:
a.The facility will not be utilized for vehicle
painting,
upholstering,
major
repairing,
rebuilding,
reconditioning, body and fender work; commercial laundry and dry
cleaning plants; flea markets.
4. That said real estate is more fully described as
follows:
BEGINNING at a point on the south
side of Willow Dell Drive 218.4
feet southerly from the southeast
corner of Willow Dell and Floyd
Road Drive; thence N. 85 deg. 001
E. 228.8 feet to a point on the
line of Lot 4; thence with the
line of Lots 4 and 5, S. 5 deg.
00' E. 110 feet, more or less, to
a fence post corner to Lots 5, 6,
and 8; thence with the line of Lot
8, S. 85 deg. 00' W. 181 feet to a
point on Willow Dell Drive; thence
with said Willow Dell Drive, N. 28
deg. 14' W. 119.7 feet to the
place of BEGINNING and being Lot
9, according to the map of Willow
Dell made by C. B. Malcolm,
S.C.E., September 5, 1936, and
revised February 15, 1943.
BEING the same property conveyed
to Troy G. Brugh and Edna P.
Brugh, husband and wife, or the
survivor, by deed dated July 7,
1948, from H. R. Brugh and
Gertrude D. Brugh, husband and
wife, and recorded in the
aforesaid Clerk's Office in Deed
Book 401, page 181.
5. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
February 26, 1991
11 6
-
or parts of ordinances in conflict with the provisions of this
~
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Robers to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
291-3
Ordinance authorizing a Use Not Provided for
Permit to allow summer concerts, located in
valleypointe, Hollins Maqisterial District,
upon the petition of the Easter Seal Society
of VA, Inc.
0-22691-8
Susan Knight, Vice President of the Easter Seal Society
was present to answer questions.
Supervisor Eddy asked whether there might be potential
parking problems. Planning and Zoning Director Terry Harrington
advised that if Valleypointe Parkway becomes part of the
Secondary System, it may not be used for on-street parking.
However, staff feels that the parking was handled very well this
year, and they recommended that the permit be limited to one
year.
Mr. Mahoney recommended that the ordinance be amended
to limit the permit to the dates for which the concerts are
planned· (mid May to September 1991).
Supervisor Johnson moved to approve the Use Not
Provided for Permit amending the ordinance to specify the
beginning and ending dates for the concerts.
The motion was
carried by the following recorded vote:
11 7
February 26, 1991
-
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-8 AUTHORIZING A USE-NOT-
PROVIDED-FOR PERMIT TO ALLOW EIGHTEEN (18)
CONCERTS LOCATED AT VALLEYPOINTE IN THE
HOLLINS MAGISTERIAL DISTRICT UPON THE
APPLICATION OF THE EASTER SEAL SOCIETY OF
VIRGINIA, INC.
WHEREAS, the first reading of this ordinance was held
on January 22, 1991, and the second reading and public hearing
was held February 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on February 5, 1991; and,
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a use-not-provided-for permit allowing eighteen
(18) summer concerts to be held from mid-May until mid-September
of 1991 on a certain tract of real estate containing 2.4 acres
(part of Tax Map Number 37.07-1-14) located at Valleypointe
Corporate Development Community in the Hollins Magisterial
District is hereby authorized.
2. That this action is taken upon the application of
The Easter Seal Society of Virginia, Inc.
3. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
-,
February 26, 1991
11 8
-
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
On motion of Supervisor Johnson to adopt ordinance
amended to include beginning and ending dates of concerts, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
291-4
Ordinance vacating a fifteen
utility Easement on Lots 2,
Franklin Estates Subdivision
Catawba Magisterial District.
foot Public
3, and 4 of
loca ted in
0-22691-9
There was no discussion and no one present to speak to
this ordinance.
Supervisor Nickens moved to adopt the ordinance. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-9 VACATING A FIFTEEN FOOT
(15') PUBLIC UTILITY EASEMENT LOCATED ON LOTS
2, 3, AND 4 OF FRANKLIN ESTATES SUBDIVISION
IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Petitioners, Mr. and Mrs. Roy G. Lockner
and Mr. and Mrs. George S. Coury, have requested the Board of
Supervisors of Roanoke County, Virginia to vacate a IS-foot
public utility easement located on Lots 2, 3, and 4 of Franklin
Estates Subdivision in the Catawba Magisterial District as shown
in Plat Book 11, at page 187 of record in the Clerk's Office of
1 1 9
February 26, 1991
-
the Roanoke County Circuit Court; and,
WHEREAS, section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by section
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on February 12, 1991; and the
second reading of this ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a IS-foot public utility easement located on
Lots 2, 3, and 4 of Franklin Estates Subdivision in the Catawba
Magisterial District of record in Plat Book 11, at page 187, in
the Office of the Clerk of the Circuit Court of Roanoke County,
Virginia, be, and hereby is, vacated pursuant to Section 15.1-
482(b) of the 1950 Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
3. That the Petitioners shall record a certified copy
of this ordinance with the Clerk of the Circuit Court and shall
pay all fees required to accomplish this transaction.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
12 0
-
February 26, 1991
NAYS:
None
291-5
Ordinance vacating a 20 foot Water Line
Easement recorded in Plat Book 11, Page 155,
located in Windsor Hills Magisterial
District.
0-22691-10
There was no discussion and no one spoke to this
ordinance.
Supervisor Eddy moved to adopt the ordinance. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 22691-10 VACATING A TWENTY FOOT
(20') WATER LINE EASEMENT AS SHOWN ON THE
SUBDIVISION PLAT (PB 11, PAGE 155) FOR THE
ESTATE OF WILLIAM DANIEL BURRIS SR. AND FRANK
R. AND MARY ELIZABETH RADFORD, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the Petitioners, Mr. Frank R. and Mary
Elizabeth Radford have requested the Board of Supervisors of
Roanoke County, Virginia to vacate approximately 270 feet of an
existing 20-foot water line easement located as shown on the
subdivision plat for the estate of William Daniel Burris Sr. and
Frank R. and Mary Elizabeth Radford of record in the Clerk's
Office of the Roanoke County Circuit Court in Plat Book 11, page
155; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of
Virginia, as amended, requires that such action be accomplished
by the adoption of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section
12 1
February 26, 1991
~
15.1-431 of the 1950 Code of Virginia, as amended, and a first
reading of this ordinance was held on February 12, 1991; and the
second reading of this ordinance was held on February 26, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That approximately 270 feet of a 20-foot water line
easement located as shown on the sUbdivision plat for the estate
of William Daniel Burris Sr. and Frank R. and Mary Elizabeth
Radford (Windsor Hills Magisterial District) of record in the
Clerk's Office of the Roanoke County Circuit Court in Plat Book
11, page 155, be, and hereby is, vacated pursuant to Section
15.1-482(b) of the 1950 Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and
effect thirty (30) days after its final passage. All ordinances
or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed.
3. That the Petitioners shall record a certified copy
of this ordinance with the Clerk of the Circuit Court and shall
pay all fees required to accomplish this transaction.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
IN RE:
EXECUTIVE SESSION
At 7: 55 p.m., Supervisor Nickens moved to go into
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February 26, 1991
122.
Executive Session pursuant to the Code of Virginia 2.1-344 (a)
(7) to discuss legal matters pertaining to negotiations on the
landfill agreement.
The motion was carried by the following
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
OPEN SESSION
At 8:20 p.m. Supervisor Johnson moved to return to Open
Session. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-22691-11
Supervisor Nickens moved to adopt the Certification
Resolution.
The motion was carried by the following recorded
vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 22691-11 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke
County, Virginia has convened an executive meeting on this date
pursuant to an affirmative recorded vote and in accordance with
the provisions of The Virginia Freedom of Information Act; and
12 3
February 26, 1991
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t:::::=:
WHEREAS,
Section 2.1-344.1 of the Code
of
Virginia requires a certification by the Board of Supervisors of
Roanoke County, Virginia,- that such executive meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public . business matters lawfully
exempted from open meeting requirements by Virginia law were
discussed in the executive meeting which this certification
resolution applies, and
2. Only such public business matters as were
identif ied 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 Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE:
ADJOURNMENT
At 8: 21 p.m., Chairman McGraw declared the meeting
adjourned.
Steven A. McGraw, Chairman