3/25/2008 - Regular
March 25, 2008
197
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 25, 2008
The 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 March, 2008.
IN RE:
CALL TO ORDER
Chairman Flora called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. "Butch" Church, Joseph P.
McNamara, Charlotte A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O'Donnell, Assistant County Administrator; Joseph
Obenshain, Senior Assistant County Attorney; John M.
Chambliss, Assistant County Administrator; Brenda J.
Holton, Deputy Clerk to the Board; Teresa Hamilton Hall,
Public Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend David Fraser, Faith Alliance
Church. The Pledge of Allegiance was recited by all present.
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March 25, 2008
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. O'Donnell requested the addition of a closed meeting pursuant to the
Code of Virginia Section 2.2-3711 (A) (5) discussion concerning a prospective business
or industry or the expansion of an existing business or industry where no previous
announcement has been made of the business' or industry's interest in locating or
IN RE:
expanding its facilities in the community. It was the consensus of the Board to add the
closed meeting to the agenda.
IN RE:
NEW BUSINESS
.1: Reauest to adopt ! resolution settina the allocation percentaae
for personal property tax relief in Roanoke County for the 2008
tax year. (Rebecca E. Owens. Director of Finance)
R-032508-1
Ms. Owens advised that this is a request to adopt a resolution setting the
percentage for the Personal Property Tax Relief Act (PPTRA) for the 2008 tax year as
required by the State on an annual basis. She reported that the PPTRA was
established in 1998 as a state-wide program to provide a five-year phase-in of tax relief
to owners of personal use motor vehicles. She advised that additional legislation was
adopted in 2005 which amended the PPTRA and capped the personal property tax
relief at $950 million for all Virginia localities for tax years 2006 and beyond. She
reported that as a result of this legislation, the County now receives a block grant from
March 25, 2008
199
the State of approximately $12 million and is required to compute the amount of tax
relief allocated to each citizen. She stated that the percentage calculated to allocate for
the tax year 2008 is 63.47 percent which is slightly less than last year; however, this is
the result of growth within the County and the fact that the amount of the State funds
remains the same. Ms. Owens reported that this percentage is similar to that of the
neighboring localities that are now ready to adopt resolutions. She reported that there
will be some timing delays in the receipt of state funds as there was last year; however,
the County's budget will be balanced since the County will be allowed to accrue these
funds back to the 2007-2008 year for accounting purposes. She advised that staff
recommends that the Board adopt the resolution and stated that Kevin Hutchins,
Roanoke County Treasurer, would provide an update on the personal property tax bills
and decals.
Mr. Hutchins advised that he felt it was appropriate at this time to brief the
Board and remind citizens concerning the elimination of decals. He advised that the
Board voted in March 2007 to eliminate the requirement that citizens must display
decals on their vehicles after their personal property taxes have been paid. He advised
that since that time the City of Roanoke, and the County of Botetourt eliminated decals
effective January 1, 2008, and the Town of Vinton will eliminate decals effective April 1,
2008. He advised that a great deal of time was spent in reprogramming to ensure that
the tax bills will be correct without a decal fee included; however, they will list the
vehicle license and fee structure that the Board approved in 2007.
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March 25, 2008
Supervisor McNamara advised that this was a timely update since he was
recently questioned by a citizen about decals. He requested that Mr. Hutchins remind
citizens why the decals are no longer necessary to ensure that taxes are being paid.
Mr. Hutchins advised that in years past the decal was used as the predominant method
to collect delinquent taxes and that the County relied on the Police Department for
enforcement. He advised that with the increases in technology, the County is able to
use other tools for enforcement purposes as allowed by State Code such as the
Division of Motor Vehicles (DMV) program which places a halt on the renewal of tags.
He advised that they also use debt set-off collection and file a claim against the citizen's
state income tax return to intercept any tax refund. He advised that they utilize
treasurer's liens and tax warrants which are easier to obtain due to the greater ease of
communication between computers and systems. He advised that the elimination of
decals is a growing trend in the State and that 45 localities mostly in the central or
eastern part of the State eliminated the requirement for decals prior to the County and
that the trend is moving westward as staff had anticipated.
Supervisor McNamara thanked Mr. Hutchins for this information and
advised that he feels the Treasurer's Office does a fine job.
Supervisor Church advised that he was going to ask the same question
that had been answered by Mr. Hutchins. He advised that he felt the DMV checkpoint
would be the most advantageous type of enforcement because all citizens have to
acquire tags for their vehicles. He thanked Mr. Hutchins and his staff for listening to the
March 25, 2008
201
concerns of the Board and advised that the Board was listening to the citizens about
how to better set up the program to work for everyone.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 032508-1 SETTING THE ALLOCATION PERCENTAGE
FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY
FOR THE 2008 TAX YEAR
WHEREAS, in accordance with the requirements set forth in Section 58.1-3524
(C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of
the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief
Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly and qualifying
vehicle with a taxable situs within the County commencing January 1, 2008, shall
receive personal property tax relief; and
WHEREAS, this Resolution is adopted pursuant to Ordinance 122005-10
adopted by the Board of Supervisors on December 20, 2005.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. That tax relief shall be allocated so as to eliminate personal property
taxation for qualifying personal usevehicles valued at $1,000 or less.
2. That qualifying personal use vehicles valued at $1,001-$20,000 will be
eligible for 63.470/0 tax relief.
3. That qualifying personal use vehicles valued at $20,001 or more shall only
receive 63.470/0 tax relief on the first $20,000 of value; and
4. That all other vehicles which do not meet the definition of "qualifying" (for
example, including but not limited to, business use vehicles, farm use vehicles, motor
homes, etc.) will not be eligible for any form of tax relief under this program.
5. That the percentages applied to the categories of qualifying personal use
vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke
County by the Commonwealth of Virginia.
6. Supplemental assessments for tax years 2005 and prior shall be deemed
'non-qualifying' for purposes of state tax relief and the local share due from the taxpayer
shall represent 1000.10 of the assessed personal property tax.
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March 25, 2008
7. That this Resolution shall be effective from and after the date of its
adoption.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Flora moved to approve the first readings and set the second
readings and public hearings for April 22, 2008. He advised that Supervisor Altizer
would abstain from the vote because of a real or perceived conflict of interest with Item
1. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Flora
NAYS: None
ABST AI N: Supervisor Altizer
.1: First readina of an ordinance to rezone 0.21 acre. from C-1. Office
District. to C-2. General Commercial District. to allow for access
to the frontaae parcel. property located at the end of Burlinaton
Drive. Hollins Maaisterial District. upon the petition of Lexinaton
Falls.LLC
2. POSTPONED AT THE REQUEST OF THE PETITIONER. First
readina of an ordinance to obtain! Special Use Permit in an R-1.
Low Density Residential District. for the purpose of constructina
! private stable on 5.801 acres located at 4535 Red Barn Lane.
March 25, 2008
203
IN RE:
Vinton Maaisterial District. upon the petition of Theodore J.
Foster
3. First readina of an ordinance to obtain! Special Use Permit in !
C-2. General Commercial District. for the purpose of Reliaious
Assemblv Q!! 0.676 acre located at 6024 Williamson Road. Hollins
Maaisterial District. upon the petition of Harinder S. and
Jaswinder K. Maahera
4. First readina of an ordinance to obtain! Special Use Permit in an
1-2. Industrial District. for the construction of ! 100-foot broadcast
tower on 9.177 acres located at 5253 Hollins Road and 1132
Carlos Drive. Hollins Maaisterial District. upon the petition of
Roanoke County General Services
SECOND READING OF ORDINANCES
.1: Second readina of an ordinance amendina Ordinance 012208-2
authorizina conveyance of three parcels of real estate to the
Commonwealth of Virainia in connection with road widenina
improvements to Route 11/460. Catawba Maaisterial District.
(Paul Mahoney. County Attorney)
0-032508-2
Mr. Obenshain advised this action is to amend a previous action which the
Board adopted in January 2008 to authorize the conveyance of portions of three parcels
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March 25, 2008
of property to the Commonwealth for the widening of Route 11/460 west in the Catawba
area. He advised that after this action was taken, staff learned that utility easements
must be relocated out of the parcels which resulted in the County retaining some
property adjacent to the library and reducing the compensation to the County from the
Commonwealth by approximately $6,000. Mr. Obenshain advised that there had been
no changes since the first reading.
There was no discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 032508-2 AMENDING ORDINANCE 012208-2
AUTHORIZING CONVEYANCE OF THREE PARCELS OF REAL
ESTATE TO THE COMMONWEALTH OF VIRGINIA IN CONNECTION
WITH ROAD WIDENING IMPROVEMENTS TO ROUTE 11/460,
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia Department of Transportation has
undertaken the widening of a section of Route 11/460 in Roanoke County located in the
Catawba Magisterial District; and
WHEREAS, the widening of Route 11/460 requires the acquisition of parcels of
real estate from the adjacent property owners to provide adequate width for the road
project; and
WHEREAS, the Board adopted Ordinance 012208-2 on January 22, 2008, to
authorize the conveyance of these parcels to the Commonwealth of Virginia; and
WHEREAS, it is necessary to amend this action by reducing the compensation
paid for one of the parcels due to a reduction in the land necessary for the relocation of
utility easements; and
WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on March 11, 2008; and a
second reading was held on March 25, 2008.
March 25, 2008
205
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject parcels are hereby declared surplus and are being made
available for other public uses by conveyance to the Commonwealth of Virginia for the
road widening project involving Route 11/460; and
2. That conveyance of the following properties for the following
considerations to the Commonwealth of Vir inia is hereb authorized and a roved:
0.195 acre 55.13-1-2 $45,300
0.481 acre 55.13-1-2.2 $74,509
0.08 acre 55.02-1-39.1 $9,600
3. The Board allocates and appropriates $74,509 to the Glenvar Library
renovation project, $45,300 to the Department of General Services for repairs and
renovations (update kitchen and bay heat) to Fort Lewis Fire Station, and $9,600 to the
Roanoke County School Board.
4. That the County Administrator or any assistant county administrator is
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish this conveyance of property, all of
which shall be upon form approved by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption
at second reading.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
APPOINTMENTS
1.: Buildina Code Board of Adiustments and Appeals (Fire Code
Board of Appeals)
Chairman Flora advised that it was the consensus of the Board to
reappoint Richard Evans to serve an additional four-year term, and he requested that
confirmation of his appointment be placed on the consent agenda.
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March 25, 2008
2. Roanoke Vallev Greenwav Commission
Chairman Flora advised that it was the consensus of the Board to
reappoint Donald Witt to serve an additional three-year term, and he requested that
confirmation of his appointment be placed on the consent agenda.
IN RE:
CONSENT AGENDA
R-032508-3; R-032508-3.a; R-032508-3.b
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 032508-3 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for March 25,
2008, designated as Item J - 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 - March 11, 2008
2. Resolutions of appreciation to the following individuals upon their retirements:
(a) Gail A. Campbell, Police Department, after fifteen years of service;
and
(b) Frederick Murray, General Services Department, after ten years of
service
3. Request from the Police Department to accept and appropriate a grant in the
amount of $4,965 from the Department of Criminal Justice Services
4. Confirmation of committee appointments
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.
March 25, 2008
207
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
RESOLUTION 032508-3.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GAIL A.
CAMPBELL, POLICE DEPARTMENT, UPON HERS RETIREMENT
AFTER FIFTEEN YEARS OF SERVICE
WHEREAS, Gail A. Campbell was employed by Roanoke County on February 8,
1993, in the Police Department; and
WHEREAS, Ms. Campbell retired on March 1, 2008, as a records clerk after
fifteen years and one month of service to Roanoke County; and
WHEREAS, Ms. Campbell provided reliability and professionalism to the citizens
of Roanoke County in the performance of her duties; and
WHEREAS, Ms. Campbell's dedication to her responsibilities and duties was an
asset for Roanoke County; and
WHEREAS, Ms. Campbell, through her employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to GAIL A. CAMPBELL for more than fifteen years of capable, loyal,
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
RESOLUTION 032508-3.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FREDERICK
MURRAY, GENERAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT AFTER TEN YEARS OF SERVICE
WHEREAS, Frederick Murray was employed by Roanoke County on August 18,
1997, in the General Services Department; and
WHEREAS, Mr. Murray retired on March 1, 2008, as an equipment technician
after ten years and seven months of service to Roanoke County; and
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March 25, 2008
WHEREAS, Mr. Murray was a superior machinist and built many custom parts
which solved problems and resulted in the savings of thousands of dollars for the
County; and
WHEREAS, Mr. Murray's versatility and skills allowed him to work on a variety of
equipment; and
WHEREAS, Mr. Murray's positive attitude was contagious, and he was a valued
member of the General Services team; and
WHEREAS, Mr. Murray, through his employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to FREDERICK MURRAY for more than ten years of capable, loyal,
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
1. Reauest for work session to be held Aoril ~ 2008, on the Mount
Pleasant Community Plan. (Philio Thomoson, Deouty Director of
Plannina)
Mr. Thompson advised that as a result of many months of community
meetings, citizen surveys, cooperation with various agencies and County departments,
and several work sessions with the Planning Commission, a draft of the Mount Pleasant
Community Plan was submitted to the Planning Commission for a public hearing on
March 4, 2008. He stated that after the public hearing, the Planning Commission
finalized the draft plan and recommended its approval at their work session on March
18, 2008. He advised that staff is requesting that the Board review the draft plan at a
March 25, 2008
209
work session on April 8, 2008, and that a public hearing on the draft plan be scheduled
for the Board meeting on April 22, 2008.
Chairman Flora advised that a work session on the Mount Pleasant
Community Plan will be scheduled for the April 8, 2008, Board meeting, and requested
that Mr. Thompson invite the Planning Commissioners to attend the work session.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Bill Waters. 4107 Belle Meade Drive. SW. advised that he was speaking in
support of Elmer Hodge, Roanoke County Administrator, and was sorry that Mr. Hodge
was not present at the meeting. He advised that he was concerned about a letter to the
editor published in the Roanoke Times and the Cave Spring Connection regarding Mr.
Hodge. He advised that he has been a County citizen for 43 years, and feels that the
silent majority of citizens do not write letters to newspapers. He advised that he has
respect for Mr. Hodge's administrative abilities and feels that the County is fortunate to
have him as administrator for many years. He stated that he understands that Mr.
Hodge is preparing to retire, and he wanted to thank him for his service to the County.
He stated that he has not always agreed with the Board's or Mr. Hodge's decisions;
however, there are always two sides to every situation and he was tired of hearing the
negatives.
David Courev. 3419 Ashemeade Drive. SW. advised that APCO is
proposing to build a substation off Ogden Road because Sunscape and the new
developments on Franklin Road which include Home Depot, Lowe's, the proposed Wal-
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March 25, 2008
Mart Superstore, and other businesses have made it necessary to upgrade the power
system. He advised that he did not agree with locating the substation next to a
neighborhood due to potential health problems and reduction in property values. He
advised that it might be a good idea if the County would suggest to APCO that they use
property owned by the County near the railroad tracks off Ogden Road to build a new
substation. He advised that although APCO is asking for citizen input, he feels that they
would not stop the project because they have spent millions of dollars and already
submitted plans to the state. He advised that APCO is using the opportunity to talk
people into supporting the plan, and APCO representatives have mentioned using the
right of eminent domain to get it built. He urged the Board to protect the homeowners
and find a way to avoid building a substation in their neighborhood. He thanked the
Board for allowing him to voice his concerns.
Chairman Flora advised Mr. Courey that the County IS aware of the
situation and will be addressing his concerns.
IN RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
March 25, 2008
211
IN RE:
1.: General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaencv
4. Accounts Paid = February 2008
5. Statement of expenditures and estimated and actual revenues for
the month ended February 29. 2008
CLOSED MEETING
At 3:25 p.m., Supervisor Flora moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective
business or industry or the expansion of an existing business or industry where no
previous announcement has been made of the business' or industry's interest in
locating or expanding its facilities in the community. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: CLOSED MEETING
The closed meeting was held from 3:40 p.m. until 4:00 p.m.
WORK SESSIONS
IN RE:
1.: Work session to review the updated Roanoke County Parks.
Recreation and Tourism's "Community Use Manual for Sports
Oraanizations and Community Users." (Pete Haislip. Director of
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March 25, 2008
Parks. Recreation and Tourism: Mark Courtriaht. Assistant
Director of Parks)
The work session was held from 4:05 p.m. until 4:20 p.m. County staff
present included the following: Pete Haislip, Director of Parks, Recreation and Tourism;
Mark Courtright, Assistant Director of Parks; Allen Hayes, Recreation Program
Supervisor; and Joseph Obenshain, Senior Assistant County Attorney.
Mr. Courtright advised that he first wanted to clarify the difference between
the two work sessions being held at this meeting. He advised that the first work session
concerns the adoption of the Community Use Manual which provides for equitable and
fair treatment of recreation clubs and community users involved in recreational
activities. He reported that the second work session deals with the adoption of the
Parks Ordinance which addresses the rules and procedures for the operation and
maintenance of the parks and recreation facilities.
Mr. Courtright advised that the Parks Ordinance contains a proposed
section regulating the use of remote control planes by permit. He advised that he has
received several concerns from citizens about this section, and he plans to request that
the Board remove Section 15.8 (13) Remote Control Planes from the ordinance and
approve all other sections at the evening session. He advised that staff is requesting a
period of approximately sixty days to work with members of the Roanoke Valley Radio
Club and the flying community to develop procedures including a permit process.
March 25, 2008
213
Community Use Manual - Mr. Courtright advised that this is the first
revision of the Community Use Manual which was adopted by the Board in 2002. He
advised that most of the revisions were made to simplify the language and layout;
however, they are proposing six policy changes which he would review with the Board.
He advised that the manual has been approved by the Parks and Recreation Advisory
Commission and the presidents of the recreation clubs.
Mr. Haislip advised that the manual is reviewed each year for every sport
and situation; however, it is only brought back for Board approval every five years or as
needed. He advised that the addition of the background screening to the policy manual
this year is significant and that the Board's review and approval gives creditability to the
policy document.
Mr. Courtright reported that the major policy changes in the manual
include the following items:
(1) Insurance - All recreation clubs must provide annually a certificate of
general liability insurance and will no longer have the option to decline general liability
insurance and sign a waiver releasing Roanoke County from liability.
(2) Backaround Screenina - The head coach and head assistant coach
are required to be screened through Roanoke County's criminal history background
check.
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March 25, 2008
(3) Eliaibilitv Aae - The cut-off date to establish age will change from
October 1 st to September 30th to fall in line with dates established by Roanoke County
Public Schools to create continuity between the organizations.
(4) A Roanoke County athletic participant attends a County School that
does not serve their leaal residence. - Participants will be eligible to participate with
either their home club or with the school the child attends.
(5) Out of Season Proarams - The policy clarifies the County's position
regarding out of season programs.
(6) Youth Athletic Suspension Appeals Committee - This policy addition
puts in place a more formal process to handle the appeal of suspensions.
Mr. Courtright advised that he would request Board approval of the
manual at the evening session.
2. Work session on revisions to Chapter 15. Parks and Recreation.
of the Roanoke County Code. (Pete Haislip. Director of Parks.
Recreation. and Tourism: Mark Courtriaht. Assistant Director of
Parks)
The work session was held from 4:20 p.m. until 4:55 p.m. County staff
present included the following: Pete Haislip, Director of Parks, Recreation and Tourism;
Mark Courtright, Assistant Director of Parks; Allen Hayes, Recreation Program
Supervisor; Wendi Schultz, Tourism and Event Coordinator; and Joe Obenshain, Senior
Assistant County Attorney.
March 25, 2008
215
Mr. Obenshain advised that a clerical correction needs to be made to the
ordinance on page 2, Definitions, Park Attendants, and he requested that the Board
insert the word "director" in the next-to-Iast sentence.
Mr. Haislip advised that staff has been working on this policy for some
time and involved Mr. Obenshain, Donna Furrow, Assistant Chief of Police, and others
in the process to ensure that the provisions are enforceable. He advised that the parks
have seen a significant and steady growth of use, and the parks are heavily used on
weekends for greenways, special events, and tournaments.
Mr. Courtright reviewed the proposed substantive changes to the Parks
Ordinance as follows:
Section 15-2 Definitions. Updates full name of the department and adds
definitions of "Special Event" and "Waters."
Section 15-4 Conduct of County recreation proorams and parks
operations. Adds language to clarify that the department's responsibilities include park
operations as well as conduct of recreation programs.
Section 15-5.1 Public trees. Adds a definition of "Invasive Alien Plant
Species" and authority to remove such defined species.
Section 15-8.3 Bathino and swimmino. Eliminates unnecessary language
regulating beach, bathing, and wading areas in county parks.
Section 15-8.6 Huntino and Firearms. This section was updated to reflect
the state statute.
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March 25, 2008
Section 15-8.8 Athletic Fields. Requires a field rental contract for all
organized groups including both sanctioned and non-sanctioned teams.
Section 15-8.13 Remote Control Planes. A permit is required to operate a
remote control plane, glider, or motor propelled aircraft in any park. Mr. Courtright
advised that he is requesting that this section be removed from the ordinance and that
the Board adopt the ordinance with all other sections at the evening session.
Mr. Courtright advised that staff is meeting with citizens concerned about
flying remote control planes, and they are making progress in finding a solution. He
advised that Marshall McClung from the Roanoke Valley Radio Club (RVRC) was
present. Mr. Courtright advised that this has been an educational process for staff, and
they are also working with the Academy of Model Aeronautics and the National Model
Aircraft Code.
Mr. McClung advised that although he was president of RVRC, he was
attending the work session as an individual citizen. He advised that he was grateful to
Mr. Haislip and Mr. Courtright for opening communications and meeting with him and
two other citizens last week. He advised that their recommendations to staff would be
to issue an annual permit to users of non-internal combustion engine aircraft which
would include gliders and electric powered aircraft and issue a special permit for
specific events for users of internal combustion engines that could weight more than 40
pounds.
March 25, 2008
217
Section 15-10.3 Domestic Animals. Prohibits non-working animals or pets
at special events in County parks. Designation of "seeing eye" dogs updated to
"service" dogs. Mr. Courtright advised that prohibiting animals or pets at special events
in County parks has been a practice by the department for several years because of
safety concerns.
In response to Supervisor Moore's inquiries, Mr. Haislip advised that staff
will seek to accommodate people who bring pets to special events without knowing
about the policy by having special holding pens available. Ms. Schultz reported that all
advertisements for special events state that pets are not allowed, and that signs are
also posted. Ms. Schultz advised that this policy applies to all animals and not just dogs
because citizens have brought other animals such as snakes to special events. Mr.
Haislip advised that staff is in the process of planning special events for pets such as a
dog show at Walrond Park, and they are also researching ways that a dog park can be
accommodated.
Section 15.11 Park operatina policv. Clarifies that normal closing time for
parks is one-half hour before dark except where outdoor lighting is used. The
procedure's conditions for park permits are clarified. Mr. Courtright advised that this
clarification was requested by the Police Department for enforcement purposes.
Mr. Courtright expressed his appreciation to Mr. Obenshain and the Police
Department for their assistance in updating the sections of the ordinance.
218
March 25, 2008
IN RE:
CERTIFICATION RESOLUTION
R-032508-4
At 7:00 p.m., Supervisor Flora moved to return to open session and adopt
the certification resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 032508-4 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed 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 closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
NEW BUSINESS
1. Reauest to approve! resolution authorizina the execution of an
aareement between Roanoke County and the City of Salem
relocatina portions of the boundary line between said
March 25, 2008
219
aovernmental entities alona Wayburn Drive. and authorizina that
certain other actions relatina to such boundary line adiustment be
taken as provided Jrllaw. (Paul Mahoney. County Attorney)
R-032508-5
Mr. Obenshain advised that this matter has been brought forward by a
citizen who has requested a slight boundary line adjustment in order to move a small
parcel of property from Roanoke County into the City of Salem. He advised that Roy
Creasy, the attorney representing the owners, was present and stated that if the Board
approves the resolution, Mr. Creasy would file a petition with the Circuit Court for a court
order to readjust the boundary line.
Mr. Creasy advised that the Salem City Council agreed at their meeting on
Monday, March 24, 2008, to permit this property to be taken into the City of Salem. He
advised that the relocation of the boundary line will allow the property to be used for
development purposes.
In response to Supervisor Flora's inquiries, Mr. Creasy advised that the
Roanoke County zoning is residential, and there are no structures on the property.
Supervisor Flora advised that he understood that if a house were to be built on the lot at
this time, it would be split and located between the City of Salem and Roanoke County.
Mr. Creasy advised that with the relocation of the boundary line, the entire lot would be
located in the City of Salem.
220
March 25, 2008
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
Supervisor Altizer commented that while he understands the
circumstances of this situation, he advised that citizens should not expect the Board to
automatically approve a boundary line adjustment to relocate property in another
locality. He stated that he wanted to go on record that the Board is not setting a
precedent by approval of this resolution.
RESOLUTION 032508-5 AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN ROANOKE COUNTY AND THE CITY OF
SALEM RELOCATING PORTIONS OF THE BOUNDARY LINE
BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING
THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY
LINE ADJUSTMENT BE TAKEN AS PROVIDED BY LAW
WHEREAS, pursuant to the provisions of Article 2, Chapter 31, Title 15.2 of the
1950 Code of Virginia, as amended, the governing bodies of Roanoke County and the
City of Salem wish to petition the Circuit Court for approval to relocate portions of the
boundary line between the two jurisdictions; and
WHEREAS, the relocation the boundary line of such governmental entities in the
areas proposed will permit more effective and efficient delivery of municipal services
and promote the public health, safety, and welfare; and
WHEREAS, Roanoke County and the City of Salem have agreed to the boundary
relocation by action of their respective governing bodies.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that:
1. The Chairman of the Board of Supervisors is hereby authorized to execute
an agreement between Roanoke County and the City of Salem, on a form approved by
the County Attorney, establishing a new boundary line at certain points between said
jurisdictions, as more particularly shown on a preliminary plat prepared by Thompson &
Litton, dated 16 January 2008, which is incorporated by reference herein (Exhibit A).
March 25, 2008
221
2. The boundary line set forth in said agreement is described as set out in
the Notice of Public Hearing (Exhibit B) which was published as required by 915.2-3107
of the 1950 Code of Virginia, as amended.
3. Upon approval of the execution of the agreement between the governing
bodies, the County Attorney is authorized to petition the Circuit Court of one of the
affected jurisdictions to relocate the boundary line in accordance with the plats and the
agreement.
4. Upon entry of an order by the Circuit Court establishing the new boundary
line, certified copy of such order will be forwarded to the Secretary of the
Commonwealth.
5. The County Administrator and County Attorney are authorized to take, or
cause to be taken, such other actions, and to execute other documents as may be
required by law to effect the change in the boundary line as set forth herein.
6. The Clerk to the Board of Supervisors is directed to forward an attested
copy of this resolution to the Clerk to the City Council of the City of Salem, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
2. Reauest to adopt the updated Roanoke County Parks. Recreation
and Tourism's "Community Use Manual for Sports Oraanizations
and Community Users." (Pete Haislip. Director. Parks. Recreation
and Tourism: Mark Courtriaht. Assistant Director of Parks)
A-032508-6
Mr. Courtright advised that he was requesting adoption of the proposed
changes to the Community Use Manual. He reported that the manual was adopted by
the Board in 2002, and this is the first revision of the manual. He stated that they plan
to request additional revisions every three to five years as the community grows and
park usage increases.
Mr. Courtright advised that he would briefly review the proposed SIX
222
March 25, 2008
changes which were discussed at the work session today: (1) The new proposal will not
give recreation clubs the option but will require a $1,000 liability policy naming the
Roanoke County Board of Supervisors as additional insured and covering the officers
and volunteers of the clubs. (2) The background screening will require a criminal history
background on coaches and assistant coaches. This program was started last year and
has been successful. (3) The eligibility age will be aligned with the cut-off dates for the
school system by moving the cut-off from October 1 to September 30. (4) The Roanoke
County Athletic Department is aligning with the school system so that students will have
the option of playing with the club that serves their school area. He advised that this
provision was added because of concerns that some students attend schools outside of
their home area because their parents may be school teachers, and there are students
who live outside the County and attend Roanoke County schools. (5) The out of season
program policy was clarified. He advised that they currently allow clubs to hold a six-
week instructional program for baseball and softball in the fall and soccer in Mayor
June. (6) A formal appeals process was added. He advised that when a participant,
spectator or coach is suspended for more than five games, the appeals committee
comprised of a minimum of three and a maximum of five recreation club presidents
would review the situation and make a recommendation to the department director
regarding the suspension.
March 25, 2008
223
Mr. Courtright advised that the proposed changes were presented and
discussed during the work session, and he requested that the Board adopt the changes
to the Community Use Manual.
Supervisor Flora advised those present and the viewing public that the
Board held a work session on this item today and had a full discussion of each of the
requested changes.
Supervisor Church inquired if the Board should remove the item
concerning remote control planes and table it for a period of sixty days. Mr. Courtright
responded that the section concerning remote control planes is part of the Parks
Ordinance which will be considered as the next agenda item.
There was no further discussion.
Supervisor Flora moved to approve the staff recommendation (approve
the adoption of the "Community Use Manual for Sports Organizations and Community
Users" as presented). The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
224
March 25, 2008
IN RE:
SECOND READING OF ORDINANCES
.1: Second readina of an ordinance amendina and reenactina
ChaDter 15. Parks and Recreation. of the Roanoke County Code.
(Pete HaisliD. Director of Parks. Recreation. and Tourism: Mark
Courtriaht. Assistant Director of Parks)
0-032508-7
Mr. Courtright advised that he appreciated the opportunity to discuss the
proposed changes to the Parks Ordinance at the work session today. He advised that
staff received concerns from the community regarding the change in the Parks
Ordinance as it relates to remote control airplanes. He stated that the previous Board
report was updated from the first reading to better reflect the intent of this section of the
ordinance as follows: No person in a park shall operate a remote control airplane, glider
or motor propelled aircraft in any part without a permit from the Director.
Mr. Courtright advised that staff is currently working with members of the
flying community to develop a program to permit flying in the parks while adhering to the
National Model Aircraft Safety Code which is followed by most park agencies when
permitting this activity. He recommended that Section 15-8 Article 13 Remote Control
Planes be removed from the Parks Ordinance to allow staff to work with the community
for a period of sixty days to develop procedures and a permit process. He advised that
staff will report back to the Board with a recommendation.
March 25, 2008
225
Mr. Courtright advised that the substantive proposed changes to Chapter
15, Parks and Recreation, of the Roanoke County Code include the following: (1)
Section 15-2 Definitions. Updates full name of the department and adds definitions of
"Special Event" and "Waters." (2) Section 15-4 Conduct of county recreation proarams
and parks operations. Adds language to clarify that the department's responsibilities
include park operations as well as conduct of recreation programs. (3) Section 15-5.1
Public trees. Adds a definition of "Invasive Alien Plant Species" and authority to remove
such defined species. (4) Section 15-8.3 Bathina and swimmina. Eliminates
unnecessary language regulating beach, bathing, and wading areas in county parks.
(5) Section 15-8.6 Huntina and Firearms. This section was updated to reflect the state
statute. (6) Section 15-8.8 Athletic Fields. Requires a field rental contract for all
organized groups including both sanctioned and non-sanctioned teams. (7) Section 15-
8.13 Remote Control Planes. Mr. Courtright advised that this is the section that staff is
requesting that the Board remove from the ordinance. (8) Section 15-10.3 Domestic
Animals. Prohibits non-working animals or pets at special events in County parks.
Designation of "seeing eye" dogs updated to "service" dogs. (9) Section 15-11 Park
Operatina Policv. Clarifies that normal closing time for parks is one-half hour before
dark except where outdoor lighting is used. The procedures and conditions for park
permits are clarified.
226
March 25, 2008
Mr. Courtright advised that it is staff's recommendation that the Board
approve the Parks Ordinance with the proposed changes and remove Section 15-8.13
Remote Control Planes.
Mr. Obenshain requested that with the deletion of Section 15.8-13 from
the ordinance, the Board should also make a clerical correction under Section 15-2-
Definitions, Park Attendants, by inserting the word "director" in the next-to-Iast sentence.
Chairman Flora clarified that the request to approve the Parks Ordinance
should include an amendment to correct the definition by adding "director" and the
deletion of Section 15-8.13 Remote Control Planes.
Supervisor Church moved to adopt the ordinance with two amendments:
a correction on page 2 and the deletion of Section 15-8.13 Remote Control Planes.
Supervisor Church commented that he hoped the citizens would see that
the Board and the County are making efforts to work with the citizens to find ways to
make things more enjoy~ble for everyone.
Chairman Flora advised that he had received requests last week from
three citizens who asked to speak on this item. He advised that they would be given the
opportunity to speak at this time if they desired. The following citizens advised that they
did not wish to speak: (1) Marshall McClung, 319 Union Street, Salem; (2) James L.
Marsh, 5403 Tomahawk Circle, Salem; and (3) Fred Wesley Lester, 4903 White Eagle
Lane.
March 25, 2008
227
Supervisor Church moved to adopt the ordinance with two amendments:
a correction on page 2 and the deletion of Section 15-8.13 Remote Control Planes. The
motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
Chairman Flora advised that it is his understanding that staff will be
meeting with the citizens involved to establish policies and procedures concerning
remote control planes and those citizens will be informed when this item is brought back
to the Boa rd.
ORDINANCE 032508-7 AMENDING AND REENACTING CHAPTER 15.
PARKS AND RECREATION OF THE ROANOKE COUNTY CODE
WHEREAS, Section 15.1-271, Code of Virginia, 1950, as amended, confers
authority upon Roanoke County to establish and operate a system of public recreation
and parks and to adopt and maintain rules of conduct and procedures for the effective
operation and maintenance of its parks and recreational facilities and programs; and,
WHEREAS, the growth and development of Roanoke County's Parks and
Recreation Department and programs now includes responsibility for tourism and for
expanded responsibility for the department's programs and operations; and,
WHEREAS, the staff of the Department of Parks, Recreation and Tourism, with
the assistance of the Roanoke County Police Department and the County Attorney's
Office, has completed a comprehensive review and update of the County's existing
Parks and Recreation Ordinance contained in Chapter 15 of the Roanoke County Code;
and,
WHEREAS, the first reading of this ordinance was held on March 11, 2008; and
the second reading was held on March 25, 2008.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the following sections of Chapter 15. Parks and Recreation of the
County Code are hereby amended and/or reenacted as follows:
228
March 25, 2008
Sec. 15-1. Title.
This chapter shall be known and may be cited as the "Ordinance Regulating
Conduct in Public Parks of Roanoke County."
(Ord. No. 42589-8, 9 1, 4-25-89)
Sec. 15-2. Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their
derivation shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, and words used in the singular
number include the plural number. The word "shall" is always mandatory and not merely
directory.
Closed hours means the hours each day that a park is closed in accordance with
Sec. 15-11 (1) of this ordinance until 6:00 a.m. the following day.
County is the County of Roanoke, Virginia.
Department when used hereinafter is defined as the Department of Parks,
Recreation and Tourism for the County of Roanoke.
Director means the Director of the Department of Parks, Recreation and Tourism
and includes any person whom the Director designates to act for the Director
hereunder.
Park and other areas, now or in the future operated and maintained by the
County of Roanoke Department of Parks, Recreation and Tourism are defined to mean
parks, public lands, playgrounds, recreation fields and facilities, museums, buildings,
lakes, streams, lagoons, water areas, and submerged lands, and all public service
facilities located on or in grounds, waters, buildings and structures in Roanoke County
which are under the control of or assigned for upkeep, maintenance or operation by the
County of Roanoke, Department of Parks, Recreation and Tourism and including
property of the Roanoke County School Board.
Park attendants means all full-time employees of the Department of Parks,
Recreation and Tourism and any part-time or temporary employees of the department
specifically authorized in writing by the Director to enforce the requirements of this
chapter.
Parkina means the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or unloading.
Permit is any written license issued by or under the authority of the Director
permitting the performance of a specified act or acts.
Person is any person, firm, partnership, association, corporation, company or
organization of any kind.
Police officer means all officers of the Roanoke County Police Department,
including the Chief of Police, and all properly trained and deputized law enforcement
March 25, 2008
229
officers of the Roanoke County Sheriff's Department and any law enforcement officer
legally empowered to issue warrants of arrest or summons within the County of
Roanoke.
Special Event means a program, tournament or other event scheduled for
specified hours or days involving the participation of the Department or written approval
of the director.
Vehicle means every device in, upon, or by which any person or property may be
transported upon a highway, except devices other than bicycles moved by human
power.
Waters means any river, stream, lake, pond, swimming pool or other body of
water, whether flowing or still, in or contiguous to any park as defined in this ordinance.
(Ord. No. 42589-8, ~ 1, 4-25-89; Ord. No. 62690-8, ~ 8, 6-26-90)
Sec. 15-3. DeDartment of Parks. Recreation and Tourism established: Dosition of
Director created.
A Department of Parks, Recreation and Tourism is hereby established and the position
of Director of such department is hereby created.
(Ord. No. 42589-8, ~ 1, 4-25-89)
Sec. 15-4. Conduct of County recreation Droarams and Dark oDerations.
The Department of Parks, Recreation and Tourism shall conduct the recreation
programs of the County and all park operations as directed by the Board of Supervisors
or the County Administrator.
(Ord. No. 42589-8, 9 1,4-25-89)
Sec. 15-5. Park DroDertv. No person in a park shall:
(1) Property:
a. Disfiauration and removal. Willfully mark, deface, disfigure, injure, tamper
with, displace or remove any building, bridges, tables, benches, fireplace,
railings, tree guards, paving or paving material, public utilities, signs, notices
or placards (either temporary or permanent), monuments, stakes, posts,
boundary markers, or other structures, equipment, facilities or park property
or parts thereof, either real or personal.
b. Restrooms and washrooms. Fail to maintain restrooms and washrooms in as
neat and sanitary a condition as prior to such person's use, nor shall any
person over the age of five (5) years use the restrooms and washrooms
designated for the opposite sex, except a child in the company of a parent or
230
March 25, 2008
other custodial individual. Use any device or equipment for taking any
photographic image or likeness in any restroom, locker room or washroom.
c. Removal of natural resources. Dig or remove any sand, soil, rock, stones,
water, trees, shrubs or plants, downed timber or other wood or materials, or
make any excavation by tool, equipment, blasting or other means or agency.
d. Erection of structures. Construct or erect any building structure or utility
service of whatever kind, whether permanent or temporary in character, in
any park except by specific written permit issued hereunder.
Sec. 15-5.1. Public trees.
a. Purpose. It is the purpose of this section to promote and protect the public
health, safety, and general welfare by providing for the regulation of the
planting and removal of trees on public property.
Further, it is the purpose of this section to enhance the quality of life in the
County by protecting trees and by minimizing the loss of tree coverage on
public properties.
b. Definitions. The following terms, when used in this section, shall have the
meanings ascribed to them in this subsection, unless context clearly indicates
a different meaning:
Diameter-at-breast-heiaht shall be the tree trunk diameter measured in inches
at a height of four and one-half (4.5) feet above the ground.
Dripline shall mean a vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
Invasive Alien Plant Species shall be those species currently listed by the
Virginia Department of Conservation and Recreation.
Public propertv shall include all lands owned by the County, including but not
limited to public parks and property of other county buildings and facilities,
and includes all greenway easements donated to or owned by the county.
The term "public property" shall exclude public streets and public utility,
drainage and storm water easements and county water and sewer
easements.
March 25, 2008
231
Public utilitv company shall mean any corporation, company, individual,
association or cooperative that is a "public utility" as defined in section 56-232
of the Code of Virginia, 1950, as amended.
Toppina is defined as the severe cutting back of limbs to stubs within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
Tree shall mean any self-supporting woody plant, usually having a single,
main woody trunk and producing a more or less distinct and elevated head
with many branches. For the purposes of this section, a tree shall have a
diameter-at-breast-height of four inches or more.
Tree committee shall mean committee appointed by the County Administrator
to develop uniform standards for implementing the provisions of this section.
c. Applicabilitv. This section provides full power and authority over all trees
located on public property.
d. Authorization reauired.
(1) It shall be unlawful for any person to plant, remove, destroy, harm or
otherwise disturb any tree on public property without first receiving written
approval from the tree committee except for invasive alien plant species
as defined above. Invasive alien plant species may be removed.
(2) In the case of emergencies, such as windstorms, ice storms or other
disasters, written approval may be waived by the tree committee during
the emergency period so as not to hamper work to restore order to the
county.
e. Abuse or mutilation of public trees or shrubs. Unless specifically authorized
by the tree committee, it shall be unlawful for any person to intentionally
damage, cut, carve, transplant or remove any tree on public property; attach
any nails, advertising posters or other contrivance to any tree on public
property; allow any gas, liquid or solid substance which is harmful to such
trees to come in contact with them; or set fire or permit any fire to burn when
such fire or the heat thereof will injure any portion of any tree on public
property.
232
March 25, 2008
f. Protection of trees. Trees that are to remain after construction of public
buildings, facilities, driveways, roads, utilities or other below or above ground
public structures must be protected from construction activities and heavy
equipment to ensure their survival.
(1) The tree committee shall establish guidelines for trees that are to remain
on public property and that are within or in close proximity to the
immediate construction activity area.
(2) No person, including public utility companies and County departments,
shall excavate any ditches, tunnels, trenches or lay any driveway or street
within a radius of ten (10) feet from any tree on public property without first
obtaining written approval from the tree committee. This provision does
not apply to the maintenance and repair of existing public utility and
county water and sewer utility facilities.
(3) All trees on public property shall be pruned or trimmed only in accordance
with the standards established by the National Arborist Association,
entitled "Pruning Standards for Shade Trees," as revised in 1988. This
includes all public utility companies and County departments or their
subcontractors involved in maintenance on County property or easements.
(4) It shall be unlawful for any person, firm, or County department to top any
tree on public property. Trees severely damaged by wind, ice or snow
storms or other disasters may be exempted from this section at the
determination of the tree committee.
g. Enforcement. The tree committee shall have the general powers and duties
to:
(1) Direct, manage, supervise and control the planting, removal and
protection of all trees on public property.
(2) Protect all trees on public property so as to prevent the spread of disease
or pests and to eliminate dangerous conditions which may affect the
health, life or safety of persons or property.
(3) Require the preparation of a tree protection plan for County construction
projects, when deemed appropriate and necessary.
(4)Administer the provisions of this article.
(Ord. No. 121697-9, S 1,12-16-97)
March 25, 2008
233
Sec. 15-6. Sanitation.
No person in a park shall:
(1) Pollution of waters. Throw, discharge, place or cause to be placed, in the waters
of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any
park, or in any tributary, stream, storm sewer or drain flowing into such waters, any
substance, matter or thing, whether liquid or solid, which produces, or may result in, the
pollution or littering of said waters.
(2) Rubbish and refuse matter. Bring in or dump, lay, cast, drop, discharge, deposit
or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish,
waste, garbage, refuse or any other trash. No such rubbish or refuse materials shall be
placed in any water in or contiguous to any park, or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these are provided; at
locations where receptacles are not so provided, all such rubbish or refuse materials
shall be carried away from the park by the person responsible for its presence and
properly disposed of elsewhere.
(Ord. No. 42589-8, 9 1, 4-25-89)
Sec. 15-7. Traffic. No person in a park shall:
(1) Motor vehicle laws applv. Fail to comply with all applicable provisions of the State
and County motor vehicle traffic laws in regard to equipment and operation of vehicles
together with such requirements as are contained in this and other ordinances.
(2) Enforcement of traffic reauirements and reaulations. Fail to obey any police
officer and park attendants who are hereby authorized and instructed to direct traffic
whenever and wherever needed in the parks and on the highways, streets or roads
immediately adjacent thereto in accordance with the provisions of these requirements
and such supplementary regulations as may be issued subsequently by the director.
(3) Obey traffic siqns. Fail to observe all traffic signs indicating speed, direction,
caution, stopping or parking and all others posted for property control and to safeguard
life and property.
(4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding fifteen
(15) miles per hour, except upon such park roads as the County may designate, by
posted signs, for other speed limits.
234
March 25, 2008
(5) Operation confined to roads. Drive any vehicle on any area except the paved
park roads, parking areas or such other areas as may be specifically designated as
temporary parking areas by the director.
(6) A TVs. etc. Operate in any park or recreation area snowmobiles, hovercraft,
minibikes, pocketbikes, motorcycles, go-carts, A TVs, golf carts, mopeds or any other
vehicles, except in areas specifically designated by the Director for such use.
(7) Trucks and commercial vehicles. Shall operate in or through any park, any trucks
or commercial vehicles with a gross weight in excess of five (5) tons, except for the
delivery of the load thereon for use in such parks as expressly approved by the director.
(8) Parkina.
a. Desianated areas. Park a vehicle in other than an established or designated
area, except as shall be in accordance with the instructions of any park
attendant or police officer who may be present.
b. Prohibited activities. Park a vehicle in a park for the expressed or apparent
purpose of washing, repairing or maintaining the same.
c. Double oarkina. Double park any vehicle on any road or parkway unless
directed by a park attendant or police officer.
(9) Bicvcles.
a. Confined to roads. Ride a bicycle on other than a vehicular road or path
designated for that purpose. A bicyclist shall be permitted to wheel or push a
bicycle by hand over any grassy or wooded trail or any paved area reserved
for pedestrian use.
b. Desianated racks. Leave a bicycle in a place other than a bicycle rack when
such is provided and there is a space available.
(Ord. No. 42589-8, 9 1, 4-25-89; Ord. No. 62690-8, 9 8, 6-26-90)
Sec. 15-8. Prohibited uses of Darks. No person in a park shall:
(1) Distribution or disolav. Post, paint, affix, distribute, handout, deliver, place, cast
or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement;
display any flag, banner, transparency, target, sign, placard or any other matter for
advertising or promotional purposes; operate any musical instrument for advertising or
promotional purposes or for the purpose of attracting attention to any exhibit, show,
March 25, 2008
235
performance or other display unless expressly authorized through permit by the Director
pursuant to section 15-11 (3).
(2) Contributions. Solicit contributions for any purpose.
(3) Bathina and swimminq.
a. Desiqnated areas. Swim, bathe, wade in any waters or waterways in any
park, except in such waters and in such places as are provided therefore, and
in compliance with such requirements as are herein set forth or may be
hereinafter adopted. Nor shall any person frequent any waters or places
customarily designated for the purpose of swimming or bathing or congregate
thereat when such activity is prohibited by the Director upon a finding that
such use of the waters would be dangerous to public health, safety or welfare.
b. Certain hours. Use or remain upon any waters or places designated for the
purpose of swimming or bathing, except during such hours of the day as shall
be designated by the Director for such purposes for each individual area.
c. Bath houses. Dress or undress in any vehicle, toilet or other place, except in
such bathing houses or structures as may be provided for that purpose.
(4) Boatinq.
a. Desiqnated areas. Operate or occupy any boat, raft or other watercraft,
whether motor powered or not, upon any waters except at places designated
for boating by the Director. Such activity shall be in accordance with
applicable regulations adopted by the department.
b. Operation of boats. Navigate, operate, direct or handle any boat in violation of
federal, state or local laws pertaining to the operation of boats.
c. Prohibition durinq c10sinq hours. Launch, dock, operate or remain on or in
any boat of any kind on any waters during the closed hours or except during
such hours as shall be designated by the Director for such purpose.
(5) Fishinq.
a. Commercial fishina. Commercial fishing, buying or selling of fish caught in
any park waters is forbidden.
236
March 25, 2008
b. Desionated areas. Fish in any park waters, whether by the use of hook-and-
line, net trap, spear, gig or other device, except in such waters thereof as
have been designated by the Director for that use and under such
regulations and restrictions as have been prescribed by said director.
(6) Huntino and firearms. Hunt, trap or pursue wildlife at any time. Trapping may be
authorized, by permit, when it is deemed by the Director that said activity is in the best
interest of public health, safety and/or welfare. No person shall within a park use, carry
or possess firearms, ammunition or combinations thereof, as expressly prohibited by
statute, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or
any other forms of weapons potentially dangerous to wildlife and to human safety or any
instrument that can be loaded with and fire blank cartridges, or any kind of trapping
device. Shooting into park areas from beyond park property boundaries is forbidden.
The Director may permit authorization for the use of a firearm or other potentially
dangerous instrument, to be used in a park for a special event or county managed
activity.
ill Picnic areas and use.
a. Reoulated. Picnic in a place other than those designated for that purpose.
Park attendants shall have the authority to regulate picnic activities in such
areas when necessary to prevent congestion and to secure the maximum use
for the comfort and convenience of all. No visitor shall fail to comply with any
directions given by park attendants to achieve this end.
b. Availabilitv. Fail to observe the policy that use of the individual fireplaces as
well as tables and benches shall follow the rule of "first come, first served."
c. Dutv of picnicker. Leave a picnic area before the fire is completely
extinguished and before all trash in the nature of boxes, papers, cans, bottles,
garbage and other refuse is placed in the disposal receptacles where
provided. If no such trash receptacles are available, all refuse and trash shall
be carried away from the park area by the picnicker to be properly disposed
of elsewhere.
d. Nonexclusive. Use any portion of the park areas or of any of the buildings or
structures therein without a permit issued by the director, for the purpose of
holding activities to the exclusion of other persons, nor shall any person use
such area and facilities for an unreasonable time if the facilities are crowded.
March 25, 2008
237
e. Reservations. Reservations for shelters only may be obtained by paying a
fee, as determined by the Department of Parks, Recreation and Tourism for
exclusive use during said time period. Permits will be issued upon payment
of fee and must be in the possession of users to be valid. No person or group
occupying a shelter shall fail to relinquish the shelter to a party or group
holding a reservation permit from the Department of Parks, Recreation and
Tourism.
(8) Athletic Fields. Use any Roanoke County owned or maintained ball field until first
securing a field rental contract for field use from the Department. This requirement
applies to all sanctioned or non-sanctioned teams or organized groups. Field rental
contracts may cover league teams for a specific sport and may include multiple fields;
however, copies of such contracts shall be in the possession of a responsible individual
for each non-sanctioned team or organized group using any such ball field.
(9) Camoina. Set up tents, shacks or any other temporary shelter for the purpose of
camping without a permit from the Director. During closed hours, no person shall leave
any equipment, structure or vehicle to be used or that could be used for such purposes,
such as a house trailer, camp trailer, camp wagon or the like.
(10) Games. Take part in or organize any recreational activity or the playing of any
games, including but not limited to golf, except in areas set apart therefore.
(11) Horseback ridina. Ride, drive or lead a horse except on park drives or trails, as
designated by the Director. Where permitted, horses shall be thoroughly broken and
properly restrained, ridden with due care, and shall not be allowed to graze or go
unattended, nor be hitched to any rock, tree and shrub. No hoofed animals will be
allowed on turf areas.
(12) Missiles and fireworks. Carry, shoot, fire, explode or throw any fireworks,
firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from
the Director.
(13) Remote oontrol ol::mec. Oper::1te a remote control pl3ne, glider or motor propelled
::1ircr::1ft in ::1ny p::1rk 'l.'ithout ::1 permit from the Director.
(14) Photoaraphv. Make still or moving pictures that involve the use of special
settings, structures, lighting or apparatus, or the performance of a cast of persons,
either amateur or professional, or the posing of professional models without prior written
authorization by the Director; said written permission may be issued only when such
activities will permit normal use of park facilities by other visitors. However, the
238
March 25, 2008
provisions of this section do not in any way restrict the ordinary use of cameras by
amateur photographers.
(Ord. No. 42589-8, S 1, 4-25-89)
Sec. 15-9. Meetinas and concessions. No person shall:
(1) Hold or take part in any public meeting or event, religious, political, charitable or
otherwise, including picnic parties and entertainment for charitable or religious
purposes, in any public park without first obtaining written permission from th~ Director.
Such assemblages shall be conducted in a lawful and orderly manner and shall occupy
such grounds and facilities as may be assigned to or reserved for them.
(2) Sell or offer for sale any food, beverage, refreshment or any article or service
whatsoever in any park except by concessionaires under contract with the County or by
nonprofit, charitable or religious groups, authorized by permit from the Director.
(Ord. No. 42589-8, S 1, 4-25-89)
Sec. 15-10. Behavior. No person in any park shall:
(1) Intoxication. Enter upon or be in or remain in a park while under the influence of
alcoholic beverages or any controlled substance as defined by the Drug Control Act of
the Code of Virginia.
(2) Takina a drink or tenderina same. Take a drink of any alcoholic beverage or
tender a drink thereof to any other person, whether accepted or not, except as permitted
by Section 4.1-308C of the Code of Virginia, 1950, as amended.
(3) Domestic animals. Be responsible for the entry of a dog or other domestic animal
into a park unless carried, led by a chain, strap or rope, or kept in a wagon, automobile
or other vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not
be permitted to enter any lake, pond, fountain, swimming pool, stream, all special event
areas and tournaments, ball fields or food and beverage concession area within any
park or recreation area. Service dogs shall be excluded from the provisions of this
regulation. All domestic animal waste must be disposed of in a proper manner (i.e.
scooper or plastic baggie) by owner.
No non-working animal or pet shall be allowed at Special Events in Roanoke
County parks. Non-working animals or pets include, but are not limited to, dogs, cats,
horses, reptiles or other animals that are present at a Special Event other than for the
express purpose of assisting an individual with a disability. Also excluded are those
animals or pets which are an attraction and/or a part of the special event.
March 25, 2008
239
(4) Fires. Build or attempt to build a fire except in such areas and under such
regulations as may be designated by the Director. No person shall drop, or throw or
otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other
inflammable material within any park area, or on any highway, road or street abutting or
contiguous thereto.
(5) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing
or otherwise "closed" in accordance with Sec. 15-11 (2) of this ordinance." No person
shall use or abet the use of any area in violation of posted notices.
(6) Goina onto ice. Go onto ice on any of the waters except such areas designated
as skating areas and posted as such.
(7) Disorderlv conduct and disturbina the peace. Cause inconvenience, annoyance,
or alarm to another by doing any of the following:
a. Engaging in fighting, in threatening harm to persons or property or in violent
or turbulent behavior;
b. Making unreasonable noise or offensively coarse utterance, gesture or
display, or communicating unwarranted and grossly abusive language to any
person;
c. Insulting, taunting, or challenging another under circumstances in which such
conduct is likely to provoke a violent response;
d. Hindering or preventing the movement of persons on a public street, road or
right-of-way, or to, from, within or upon public property, so as to interfere with
the rights of others and by any act which serves no lawful and reasonable
purpose of the offender.
e. Creating a condition which is physically offensive to persons or which
presents a risk of physical harm to persons or property, by any act which
serves no lawful or reasonable purpose of the offender.
(8) Exhibit permits. Fail to produce and exhibit any permits from the Director upon
request of any police officer or park attendant who shall request to inspect the same.
(9) Interference with permittees. Disturb or interfere unreasonably with any person or
party occupying any area, or participating in any activity, permitted by a permit.
(Ord. No. 42589-8, 9 1, 4-25-89; Ord. No. 62690-8, 9 8, 6-26-90)
240
March 25, 2008
Sec. 15-11. Park operatina policv.
(1) Hours. Parks shall be open to the public every day of the year from 6:00 a.m. to
% hour before dark, except park facilities with outdoor lighting or special hours of
operation which shall be posted thereon. Special written permission from the Director is
required for any persons to remain in any park area outside regular open hours.
(2) Closed areas. Any section of any park may be declared closed to the public by
the Director at any time or for any interval of time, either temporarily or at regular and
stated intervals and either entirely or merely to certain uses, as the Director shall find
reasonably necessary.
(3) Permit. A permit shall be obtained from the Director before participating in a park
activity prohibited by these rules:
a. Application. A person seeking issuance of a permit hereunder shall file an
application with the Director. The application shall state: The name and
address of the applicant; the name and address of the person, persons,
corporation or association sponsoring the activity, if any; the name, address
and effective contact information for a responsible individual for such permit;
the day and hours for which the permit is desired; an estimate of the
anticipated attendance; any other information which the Director shall find
reasonably necessary to a fair determination as to whether a permit should be
issued hereunder.
b. Standards of issuance. The Director may issue a permit hereunder when he
finds: That the proposed activity or use of the park will not unreasonably
interfere or detract from the general public enjoyment of the park; that the
proposed activity and use will not unreasonably interfere with or detract from
the promotion of public health, welfare, safety or recreation; that the proposed
activity or use is not reasonably anticipated to incite violence, crime or
disorderly conduct; that the proposed activity will not entail unusual,
extraordinary or burdensome expense or allocation of manpower resources
by the Roanoke County Police Department or other operation by the County;
that the facilities desired have not been reserved for other use at the day and
hour required in the application.
c. Appeal. Within seven (7) days after receipt of an application, the Director shall
either issue a permit or apprise an applicant in writing of his reasons for
refusing a permit. Any aggrieved person shall have the right to appeal in
writing within five (5) days to the County Administrator, or his designee, who
March 25, 2008
241
shall consider the application under the standards set forth in subsection b.
hereof and sustain or overrule the Director's decision within fifteen (15) days.
The decision of the County Administrator, or his designee, shall be final.
d. Effect of permit. A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted in said
permits.
e. Liabilitv of oermittee. The person or persons to whom a permit is issued shall
be liable for any loss, damage or injuries sustained by any person
whatsoever, by reason of the negligence of the person or persons to whom
such permits shall have been issued and shall indemnify and hold the County,
its officers, employees and agents harmless from any claim, judgment or
award for damages or other legal relief of any nature whether as a result of
legal or administrative action.
f. Revocation. The Director shall have the authority to revoke, or modify, a
permit upon finding a violation of any rule or ordinance, or upon good cause
shown. Reasonable efforts shall be made by the department to promptly
notify the holder of the revoked permit of the Director's actions.
(Ord. No. 42589-8, S 1, 4-25-89; Ord. No. 62690-8, S 8, 6-26-90)
Sec. 15-12. Fines and Denalties.
(1) Unless a more severe punishment is specifically provided for under state law
which shall then be applicable to a violation of this chapter, a violation of any provision
of this chapter shall constitute a Class 4 misdemeanor; provided that nothing herein
contained shall limit the authority of the court to order restitution for the benefit of the
county as a result of any damage or abuse to property subject to this chapter.
(2) That any provision of the Roanoke County Code not specifically amended or
repealed above shall remain in full force and effect as adopted.
(3) That this ordinance shall be in full force and effect from and after its passage.
On motion of Supervisor Church to adopt the ordinance with two amendments: a
correction on page 2 and the deletion of Section 15-8.13, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
242
March 25, 2008
IN RE:
PUBLIC HEARINGS
1. Public hearina to elicit citizen comment on the followina items:
(Brent Robertson. Director of Manaaement and Budaet)
f..!l General comment on the annual budaet for fiscal year 2008-
2009
fill "Effective" tax rate increase
~ Real estate. personal property and machinery and tools tax
rates
Mr. Robertson advised that staff advertised the proposed real estate,
personal property, and machinery and tools tax rates for calendar year 2008 as follows:
(1) real estate tax at a rate of not more than $1.09 per one hundred dollars of accessed
valuation; (2) personal property tax at a rate of not more than $3.50 per one hundred
dollars of accessed valuation; and (3) machinery and tools tax rate at a rate of not more
than $3.00 per one hundred dollars accessed valuation. He advised that in addition the
State Code mandates that when reassessment of real property in a locality results in a
real estate revenue increase of 1 percent over the previous year, the locality must either
reduce the tax rate, so that the revenues are no more than 101 percent of the previous
year or hold a public hearing indicating an "effective" real property tax increase.
Mr. Robertson advised that consistent with past practices, the Board has
expressed a desire to hold a public hearing to elicit "general" comment on the upcoming
annual budget development process. He stated that this hearing gives citizens the
March 25, 2008
243
opportunity to express their priorities and concerns for the Board to consider during
formulation of the upcoming budget. He advised that the public hearings scheduled for
today are for receiving written and oral comment on these three topics.
Chairman Flora opened the public hearings for the three items as
described by Mr. Robertson. There were no citizens present to speak on any of these
items.
0-032508-8
2. Reauest to adoot the followina tax rates for calendar year 2008:
(Brent Robertson. Director of Manaaement and Budaet)
{!l Real estate tax rate of J1.09 oer J1 00 assessed valuation
Mr. Robertson advised that the real estate tax rate for the twelve-month
period beginning January 1, 2008, and ending December 31, 2008, was advertised on
March 11 and March 18, 2008, at $1.09 per one hundred dollars assessed valuation.
He stated that this advertised rate represents no change from the current rate of $1.09.
Mr. Robertson reported that the proposed budget for fiscal year 2008-
2009 is predicated on the advertised real estate tax rate; therefore, staff recommends
that the real estate tax rate again be established at the rate of $1.09 per one hundred
dollars assessed valuation for the 2008 calendar year.
There was no discussion on this item.
244
March 25, 2008
Supervisor Flora moved to adopt the order (the real estate tax rate for
2008 be set at $1.09 per one hundred dollars assessed valuation). The motion carried
by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDER 032508-8 SETTING THE TAX RATE ON REAL
ESTATE SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2008
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that
the levy for the twelve-month period beginning January 1, 2008, and ending December
31, 2008, be, and hereby is, set for a tax rate of $1.09 per one hundred dollars of
assessed valuation on all taxable real estate and mobile homes classified by Sections
58.1-3200,58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as
amended, situate in Roanoke County.
On motion of Supervisor Flora to adopt the order, and carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, McNamara, Flora
NAYS: Supervisor Church
.uu Personal orooertv tax rate of J3.50 oer J100 assessed
valuation
0-032508-9
Mr. Robertson advised that the personal property tax rate for the twelve-
month period beginning January 1, 2008, and ending December 31, 2008, was
advertised on March 11 and March 18, 2008, at $3.50 per one hundred dollars
assessed valuation. He advised that staff recommends that the personal property tax
rate again be established at the rate of $3.50 per one hundred dollars assessed
valuation for the 2008 calendar year.
March 25, 2008
245
There was no discussion on this item.
Supervisor Flora moved to adopt the order (the personal property tax rate
for 2008 be set at $3.50 per one hundred dollars assessed valuation). The motion
carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDER 032508-9 SETTING THE TAX LEVY ON
PERSONAL PROPERTY SITUATE IN ROANOKE
COUNTY FOR THE CALENDAR YEAR 2008
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the levy for the twelve-month period beginning January 1, 2008, and
ending December 31, 2008, be, and hereby is, set for a tax rate of $3.50 per one
hundred dollars of assessed valuation on all taxable, tangible personal property,
excluding that class of personal property generally designated as machinery and tools
as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and
excluding all those classes of household goods and personal effects as are defined in
Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but
including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-
3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service
corporations based upon the assessed value thereof fixed by the State Corporation
Commission and duly certified.
2. That there be, and hereby is, established as a separate class of personal
property in Roanoke County those items of personal property set forth in Section 58.1-
3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No.
121592-11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1, 2008, and
ending December 31, 2008, be, and hereby is, set at fifty (500J'o) oercent of the tax rate
established in paragraph 1 for the taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by
Section 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated
as Motor Vehicles for Disabled Veterans.
246
March 25, 2008
On motion of Supervisor Flora to adopt the order, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
~ Machinery and tools tax rate of J3.00 per ~1 00 assessed
valuation
0-032508-10
Mr. Robertson advised that the machinery and tools tax rate for the
twelve-month period beginning January 1, 2008, and ending December 31, 2008, was
advertised on March 11, and March 18, 2008, at $3.00 per one hundred dollars
assessed valuation. He advised that staff recommends that the machinery and tools tax
rate be established at $3.00 per one hundred dollars assessed valuation for the 2008
calendar year.
There was no discussion on this item.
Supervisor Flora moved to adopt the order (the machinery and tools tax
rate for 2008 be set at $3.00 per one hundred dollars assessed valuation). The motion
carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
March 25, 2008
247
ORDER 032508-10 SETTING THE TAX LEVY ON A
CLASSIFCATION OF PERSONAL PROPERTY - MACHINERY
AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 2008
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That there be, and hereby is, established as a separate class of personal
property in Roanoke County those items of personal property set forth in Section 58.1-
3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery
and tools.
2. That the levy for the twelve-month period beginning January 1, 2008, and
ending December 31, 2008, be, and hereby is, set for a tax rate of $3.00 per one
hundred dollars of assessed valuation on all taxable, tangible personal property as
herein established as a separate classification for tax purposes and as more fully
defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally
designated as machinery and tools.
On motion of Supervisor Flora to adopt the order, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1.: Second readina of an ordinance authorizina the vacation of riaht-
of-way shown as Crosstimbers Trail identified on the plat of The
Woodlands. Section ~ located in the Hollins Maaisterial District.
(Arnold Covey. Director of Community Development)
0-032508-11
Mr. Covey advised that this is the second reading of the ordinance and
there have been no changes since the first reading on March 11, 2008. He advised that
staff is requesting that the Board adopt the ordinance authorizing the vacation of the
right-of-way and establishing a public utility easement in its location.
248
March 25, 2008
There was no discussion and no citizens were present to speak on this
item.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 032508-11 AUTHORIZING THE VACATION OF RIGHT-
OF-WAY SHOWN AS CROSSTIMBERS TRAIL ON PLAT OF THE
WOODLANDS, SECTION 3, IN PLAT BOOK 9, PAGE 55, OF THE
ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID
RIGHT-OF WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, the plat of Woodlands Subdivision, Section 3, recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 55,
established a street designated as Crosstimbers Trail, Route 1438, a portion of which,
approximately fifty (50') feet in length, extends from the end of the cul-de-sac on
Crosstimbers Trail to the northeastern edge of the subdivision, and located between
Lots 15 and 16 of Woodlands Subdivision, Section 3; and
WHEREAS, the area designated and set aside for public use as an extension of
Crosstimbers Trail, Route 1438, between Lots 15 and 16 of The Woodlands
Subdivision, Section 3, has never been improved or accepted into the Virginia State
Secondary Road System; and
WHEREAS, the property owners of Lot 15, Johnny and Shirley L. Neal, Jr. and
Lot 16, Leslie H. Stockton, The Woodlands Subdivision, Section 3, adjoining the
unimproved section of Crosstimbers Trail, extending approximately forty-one (41') feet
from the northwestern edge of the cul-de-sac on Crosstimbers Trail to the northeastern
edge of this subdivision, have requested the vacation of this unimproved portion of the
fifty (50') foot width right-of-way so as to permit these property owners to make
improvements to their residential properties; and
WHEREAS, Appalachian Power Company, Roanoke Gas Company, Verizon and
the Western Virginia Water Authority have requested that a public utility easement be
retained for their utilities presently occupying the existing right-of-way; and
WHEREAS, the above described street or road is more clearly indicated as
"Road To Be Vacated &Reserved as a Public Utility Easement" on "PLAT SHOWING
PORTION OF CROSSTIMBERS TRAIL - TO BE VACATED BY BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated 1-24-2008, prepared by
March 25, 2008
249
Roanoke County Department of Community Development and attached hereto as
Exhibit "A"; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Crosstimbers Trail and that its current existence imposes
an impediment to the adjoining property owners making improvements to their
properties adjoining this previously dedicated but unimproved street; and
WHEREAS, the adjoining property owners and residents of Roanoke County, as
the Petitioners, have requested that, pursuant to Section 15.2-2272 of the Code of
Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia,
vacate this right-of-way, designated as a portion of "Crosstimbers Trail" on the plat of
the Woodlands Subdivision, Section 3, Plat Book 9, page 55, as now shown on the
attached Exhibit "A"; and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code
of Virginia (1950, as amended); and
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 March 11, 2008 and a second
reading and public hearing of this ordinance was held on March 25, 2008.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (a portion of a fifty (50') foot width street and
approximately 41 feet in length) is hereby declared to be surplus and the nature of the
interests in real estate renders it unavailable for other public use.
3. That so much of this street, Crosstimbers Trail, Route 1438, being
designated and shown as "Road to be Vacated and Reserved as a Public Utility
Easement" on Exhibit "A" attached hereto, said portion of street being located between
Lot 15 and Lot 16 of the Woodlands Subdivision, Section 3, (PB 9, page 55), in the
Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated
pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended.
4. That a public utility easement is accepted, reserved and maintained for
public purposes in the area previously designated as "Crosstimbers Trail" as shown on
Exhibit "A" attached hereto.
5. That portion of the vacated street contained within the bounds designated
as L 1, L3, "H" & "0" of Exhibit "A" shall be added and combined with Lot 15, Woodlands
Subdivision, Section 3, and that portion of the vacated street contained within the
bounds designated as L 1, L2, "G" & "C" of Exhibit "A" shall be added and combined with
Lot 16 of Woodlands Subdivision, Section 3.
250
March 25, 2008
5. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of the
Petitioners.
6. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption,
and a certified copy of this ordinance shall be recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the
Code of Virginia (1950, as amended).
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
2. CONTINUED UNTIL APRIL ~ 2008. AT THE REQUEST OF THE
PETITIONER. Second readina of an ordinance to obtain a Special
Use Permit in ! C-2S. General Commercial District with Special
Use Permit. to operate! drive-in and fast food restaurant on 1.5
acres located at 2445 East Washinaton Avenue. Vinton
Maaisterial District. upon the petition of Wallace Familv
Enterprises. Inc. (Philip Thompson. Deputy Director of Plannina)
Chairman Flora advised that this petition has been continued at the
request of the petitioner until the April 22, 2008, Board meeting
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: He congratulated the Hidden Valley High School
boys and girls basketball teams upon their excellent seasons and advised that the girls
won the state championship for the second consecutive year. He advised that he is
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proud of both teams, and the state champions will be recognized at a future Board
meeting.
Supervisor Moore: She requested that a work session be scheduled to
discuss the proposal of American Electric Power (AEP) to construct overhead 138 kV
electric transmission lines and a new electric substation on Ogden Road in the Cave
Spring District.
Chairman Flora requested that Mr. Obenshain obtain information from
AEP for the work session and identify any alternatives that may be available for the
Board.
Supervisor Church: He advised that people think that March Madness is
only for budgets and taxes; however, it is also March Madness for basketball fans. He
congratulated the Virginia Tech basketball team which he felt should have been in the
NCAA tournament but they are proving their worth in the NIT. He congratulated the
Davidson Wildcats Basketball team and expressed his hope that they continue winning.
Supervisor Flora: (1) He advised that some people are saying that the
Davidson Wildcats might be the Cinderella team this year; and after the University of
Tennessee almost lost to Butler University, it might happen. He advised that he picked
Tennessee to win the tournament. Supervisor McNamara concurred that he also picked
Tennessee to win. (2) He congratulated the University of Virginia women's basketball
team for their performance in the NCAA tournament. (3) He advised that earlier he had
an informal discussion concerning real estate values and that some cities in the nation
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are being affected by high foreclosure rates. He commented that we should be thankful
that we live in a community where the economy is solid, stable, and diversified and that
the worse we may see would be a leveling off of increases as opposed to decreases.
He advised that the Roanoke Valley has been through recessions; and while the
Roanoke Valley is not recession proof, the area is in far better shape than other
localities around the country.
IN RE:
ADJOURNMENT
Chairman Flora adjourned the meeting at 7:25 p.m. until April 8, 2008, at
12:00 p.m., noon, for the purpose of touring several County facilities under construction.
Submitted by:
Approved by:
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Brenda J. H Iton, CMC
Deputy Clerk to the Board
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Richard C. Flora
Chairman
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