The URL can be used to link to this page

Home My WebLink About4/27/1993 - Regular ~ April 27, 1993 248 ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 April 27, 1993 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the third scheduled meeting of the month of April, 1993. I IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 1:35 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Lee B. Eddy, Supervisors Bob L. Johnson, Edward G. KOhinke, Sr. (Arrived 1:55 p.m.), Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: BUDGET WORK SESSION (1:30 P.M.) I Mr. Hodge presented responses to inquiries from the Board members at the Budget Work Session on April 6. The, ..o ,.. .24 9 April 27, 1993 ~ following issues were discussed: (1) Part-time emplovees who have worked 40 hours per week for over 12 months: In response to questions, Mr. Hodge advised that the staff will be increased by 10 positions until they are absorbed during the year. Other part-time employees will be limited to 32 hours per week effective July 1, 1993. Mr. Hodge will bring back to the Board additional costs for increased positions. (2) Hirinq of Parks and RecreatioH Director: Mr. Hodge will bring back the costs to hire the new director. (3) Vehicle replacement Policy: It was decided to schedule a work session in two to three months on the proposed vehicle replacement policy. ( 4 ) Sewer Rate Increase: There was Board consensus to increase the sewer rates to cover the General Fund supplement. (5) Bulk and Brush Collection: Tr.ere was Board consensus not to expand bulk and bruah collection. (6) Fundinq for Convention and Visitors Bureau: There was Board consensus that funds for this organization should be earmarked for advertising only, and that the Convention and Visitors Bureau should send to the Board a report on how the funding was spent. (7) Human Service and Cultural Agencies: The Board decided to wait until after the public hearing to determine funding for these agencies. (8) DARE Officers for Police Department: The staff was directed to fund two DARE officers and a new vehicle. (9) E911 Tax: Mr. Hodge will bring back information on increasing the E911 tax to fund dispatchers after the budget process. . (10) School Sa~arv Increases: Mr. Hodge will meet with School Superintendent Bayes Wilson to find ~ I I I I ~ April 27, 1993 25'0 additional funds for school salary increases. (11) Health Care Insurance: Mr. Hodge will bring back information that will include healthcare costs for one employee and one dependent and one employee and one minor. IN RE: OPENING CEREMONIES At 3: 00 p.m., Chairman Minnix called the meeting to order with all present. The invocation was given by the Reverend Alan Rowbotham, Unity of Roanoke Valley Church. Allegiance was recited by all present. The Pledge of IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Proclamation Declarina May 3 - May 15. 1993 as Virainia Heritaae Tourism Weeks Chairman Minnix presented the proclamation to Deedie Kagey and Dr. John Kern with the Roanoke Valley Preservation Foundation and the Roanoke Regional Preservation Office. Supervisor Nickens moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors JOhnson, Kohinke, Eddy, Nickens, Minnix r' NAYS: None ~ Resolution of AÞÞreciation to Susan Blevins. Karen Shelton and Pat Sales for their Efforts at Creatina the Freedom Playaround at Penn Forest. R-42793-1 ..o "... 250' April 27, 1993 ~ Chairman Minnix presented the resolution to Susan Blevins, Karen Shelton and Pat Sales who were primarily responsible for the handicapped accessible playground. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 42793-1 OF APPRECIATION TO SUSAN BLEVINS, KAREN SHELTON, PAT SALES, AND COALITION FOR ACCESSIBLE PARK PLAYGROUND FOR THEIR EFFORTS IN CREATINGTHE FREEDOM PLAYGROUND AT PENN FOREST WHEREAS, increased awareness of meeting the needs of people with disabilities has resulted in the Americans with I Disabilities Act; and WHEREAS, all children, regardless of abilities, need the opportunity to play and pretend with their peers; and WHEREAS, two Roanoke County residents, Susan Blevins and Karen Shelton, in their desire to see an upgrade at the Penn Forest Playground, became equally committed to the creation of a play area for all children; and WHEREAS, these two citizens, along with Pat Sales, Principal of Penn Forest Elementary School, and the Coalition for Accessible Park Playground (CAPP), were able to create the second totally accessible playground in the nation, wi th construction efforts. I taking place almost entirely through donations and volunteer .... I I ~ April 27, 1993 25 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the children of Roanoke County, do hereby extend sincere congratulations and appreciation to SUSAN BLEVINS, KAREN SHELTON, PAT SALES, AND COALITION FOR ACCESSIBLE PARK PLAYGROUND for their efforts at creating the Freedom Playground at Penn Forest and for their dedication, thoughtfulness and compassion for children of all strengths and abilities. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Resolution of SuÞÞort for the Roanoke Area Job OÞÞortunities Convention on April 28. 1993. R-42793-2 Chairman Minnix presented the resolution to Jean Holbrook, Supervisor of Business Education and Home Economics, and Coordinator of the Convention. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 42793-2 OF SUPPORT FOR THE ROANOKE AREA JOB OPPORTUNITIES CONVENTION ON APRIL 28, 1993 ~ "... 252 April 27, 1993 ~ WHEREAS, the third annual Roanoke Area Job Opportunities Convention will be held April 28, 1993, at the Roanoke civic Center Exhibition Hall; and WHEREAS, the Roanoke Area Job Opportunities is jointly sponsored by the Roanoke County Schools, Botetourt County Schools, Craig County Schools, Roanoke City Schools, and Salem City Schools; and WHEREAS, the purpose of the Roanoke Are~ Job Opportunities Convention is to provide an opportunity for business, industry, and government representatives to interview 1993 graduating seniors with marketable skills and a desire for full-time employment; and WHEREAS, the Roanoke County School Board believes that such an event will be a learning experience to those students seeking full-time employment after graduation. NOW, THEREFORE, BE IT RESOLVED that We, the Board of Supervisors of Roanoke County, Virginia, do support the Roanoke Area Job opportunities Convention to be held on April 28, 1993, as being in the best interest of Roanoke County and the surrounding areas. FURTHER, BE IT RESOLVED that the Board of Supervisors extends its best wishes for a successful event to all participants. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, .... I I ~ April 27, 1993 2.53 ~ NAYS: None IN RE: BRIEFINGS h Presentation on EXÞlore (Tim Gubala. Economic DeveloÞment Director) Dr. Rupert Cutler, Director of Education for Explore Park, explained how the Roanoke County $100,000 grant would be spent and updated the Board on the progress of Explore. Others speaking in support of the funding were former U. S. Congressman Jim Olin; Stan Lanford, River Foundation board member; Peggy Moles, Virginia Recreational Facility Authority board member; and Pam Cooke-Mitchell, chairman of the Explore Advisory Committee. I David Courey spoke in opposition to funding for the Explore Park. Charles Landis, 5268 Clenvar Heights Blvd. stated he opposed funding for the operation budget but supported a one- time matching grant. He was also opposed to funding for Rutrough Road improvements. IN RE: NEW BUSINESS h Consideration of proiects for 1993-94· VDOT Revenue Sharino Prooram. (Arnold Covey, Enoineerino , InsÞections Director) A-42793-3 I Mr. Hodge explained that Rutrough Road improvements were previously approved but are now being considered for VDOT revenue sharing funds. Other projects were improvements to Kaegy ~ ,.. 254 April 27, 1993 Road, Knowles Drive and Franklin Road. Supervisor Nickens moved to approve the projects for revenue sharing. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Eddy, Nickens NAYS: Supervisor Minnix ABSTAIN: Supervisor Kohinke ~ Reouest for AÞÞroval of the 1993-94 OÞerati~q Budoet for the Roanoke Valley Resource Authority. (Diane Hyatt. Finance Director) R-42793-4 There was no discussion. Supervisor Nickens moved to approve the budget and adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 42793-4 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 1994, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 19, 1993, a copy of ..... ~ I I I I ~ April 27, 1993 "2'55 which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ending June 30, 1994. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 1994 for the Roanoke Valley Resource AuthQrity as set forth in the March 19, 19~3, report of the Authority C~airman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h Reouest from the Sheriff to Retain Fees Collected from Several small Jail operations Accounts. (Sheriff Gerald Holt) A-42793-5 Sheriff Holt advised this action would provide an official record with the County of the amounts collected and expended, and would improve the 'audit trail. Supervisor Nickens moved to approve the request. The motion carried by the following recorded vote: , , ~ "... 256 April 27, 1993 ~ AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: OLD BUSINESS h Reouest for AÞÞroÞriation to Fund Enoineerino Consultant for UÞorade for the Reqional Wastewater Treatment Facilities. (Clifford Craio. utility Director) (CONTINUED FROM APRIL 13. 1993) A-42793-6 Mr. Craig advised this action would provide up to $12,000 for Finkbeiner, Pettis and Strout to represent the County, the City of Salem, Botetourt County, and the Town of I vinton in negotiations for the upgrade of the Regional Wastewater Treatment Facilities with Roanoke City. Supervisor Johnson, moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisors Kohinke, Eddy ~ Request for ApÞroval of Finance Aoreement with Richfield for PaYment of Water Connection Fee. (Clifford Craio. utility Director) (CONTINUED FROM APRIL 13. 1993) Chairman Minnix announced that this item would be continued to allow staff an opportunity to bring back to the Board an economic development impact statement. I ~ . ' ~ April 27, 1993 257·':. ~ IN RE: REQUESTS FOR WORK SESSIONS h Reouest for Work Session on May 11. 1993 to Discuss the Drainaae Proaram. It was the consensus of the Board to set a work session for May 11, 1993. ~ Reouest for Work Session on May 25. 1993 to Discuss Illeaal DumÞina. It was the consensus of the Board to set a work session for May 25, 1993. h Reouest for Work Session on June 8. 1993 with Sheriff Gerald Holt. . I It was the consensus of the Board to set a work session with Sheriff Holt for June 8, 1993, and to set a work session on vehicle replacement policy in August. IN RE: REQUESTS FOR PUBLIC HEARINGS ~ Reouest for Public Hearina on the AdoDtion of an Ordinance to Increase the Salaries of the Board of I SuÞervisors. Supervisor Nickens moved to set a pUblic hearing on May 25, 1993, to consider a 3% salary increase. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ "... 258 April 27, 1993 ~ IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first reading of the ordinances, with Item 2 removed for a separate vote, and set the public hearing for May 25, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens moved to approve the first reading of the ordinance for Item #2 and set the public hearing for May 25, 1993. The motion carried by the fOllowing recorded vote: AYES: supervisors Kohinke, Eddy, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson ~ Ordinance Authorizina a SDecial Use Permit to OÞerate a commercial Indoor Amusement Area. Located at 5383 w. Main street. Catawba Maaisterial District. UÞon the Petition of Natasha Ross. ~ Ordinance to Rezone a .359 Acre Parcel From C-2 to AV to OÞerate an Office. Located at 7155 Bent Mountain Road. Windsor Hills Maaisterial District. UÞon the Petition of Blue Ridae International Limited Liability Company. h Ordinance to Amend the SÞecial ExceÞtion Permit to .... I I I I ~ April 27, 1993 259 Reflect the Actual Surveyed Acreaae of the Area OriainallY Permitted and to IncorÞorate Lands Acouired for the Entrance. TiÞÞer Buildina. and Rail Yard Associated with the Reaional Landfill at smith GaÞ. Located Northwest Side of Fort Lewis Mountain Between smith GaÞ and Bradshaw Road. Catawba Maaisterial District. UÞon the Petition of the Roanoke Valley Resource Authority. IN RE: FIRST READING OF ORDINANCES h Ordinance Establishina Þrocedure to Enforce the Prohibited Discharae of Stormwater Surface Water. Groundwater. Roof Runoff or Subsurface Drainaae into the Public Sanitary Sewer System. bY Reouirina Certain Corrections to Buildinas or Structure. Penalties for NoncomÞliance. Disconnection. and AÞÞeals from Such Determinations. (Clifford Craig. utility Director) Mr. Craig advised that the ordinance provides a graduated level of enforcement measures to prohibit discharge of stormwater into the sewer system. The penalties will be based upon the amount of infiltration and inflow into the public sewer system from private property. Supervisor Nickens moved to approve the first reading of the ordinance. There was no vote. Supervisor Eddy made a substitute motion to approve the ..o "... ,260 April 27, 1993 first reading of the ordinance wi th language regarding termination of service removed, and set the second reading for May 11, 1993. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Kohinke, Eddy, Minnix Supervisors Nickens, Johnson ~ Ordinance Authorizina the Acouisition of a .69 Acre Parcel of Real Estate in Connection with the CleanuÞ of the Dixie Caverns Landfill - Tax Parcel 64.01-4-33. Mr. Mahoney reported that this property will be purchased at not more than $4, 500 using funds from the Dixie Caverns Landfill Cleanup It will provide an area for storage and parking at the landfill. Supervisor Eddy moved to approve the first reading of the ordinance and set the pUblic hearing for May 25, 1993. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance AdoÞtina a Fe~ Schedule for Police Department Services Related to Traffic Control for Parades and Backaround Investiaations for Concealed Weapons Permits and Conservators of the Peace. (Paul Mahonev. County Attorney) ~ ~ I I ~ April 27, 1993 26 1 ~ 0-42793-7 Supervisor Eddy moved to adopt the ordinance with the substitution of the proposed language regarding Class II parades. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: Supervisor Nickens ORDINANCE 42793-7 ADOPTING A FEE SCHEDULE FOR POLICE DEPARTMENT SERVICES RELATED TO TRAFFIC CONTROL FOR PARADES AND BACKGROUND INVESTIGATIONS FOR CONCEALED WEAPONS PERMITS AND CONSERVATORS OF THE PEACE WHEREAS, the current economic climate has required local governments including the County of Roanoke to carefully examine the nature and level of services which it provides to its ì I I citizens and the sources of funding for these services; and WHEREAS, in ,the interest of equity and fé.'.irness it is ." the policy of the County of, Roanoke to charge the specif ied individual or group for services which are for the specific benefit of such individual or group; and WHEREAS, the Roanoke County Police Department will be required to provide the services of several uniformed offices and a supervisor for a minimum of two hours in order to provide traffic control for any parade conducted in the county, excepting those parades travelling only within a specified residential neighborhood; and WHEREAS, the Roanoke County Police Department I detectives currently expend, on average, i2 hours in completing the legally mandated background investigations for the circuit ..o "... 262 April 27, 199~" court judges as a precondition for their issuance of concealed weapons permits or appointment of individuals as conservators of the peace in accordance with Chapter 2 of Title 19.2 of the Code of Virginia, 1950, as amended; and WHEREAS, the judges of the 23rd Judicial circuit have /¡I "r1'~ urged' that the localities within their jurisdiction adopt a uniform schedule of fees for the performance of such background investigations and the Roanoke City Council has recently adopted a fee schedule providing for an initial fee of $250.00 for such investigations and a fee of $25.00 for renewal every two years; and WHEREAS, a first reading of this ordinance was held on I April 13, 1993;. and the second reading and public hearing was held on April 27, 19~3. BE IT ORDAINED by th~ Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. The following schedule of administrative fees to be paid by any person applying for a parade permit in accordance with Sec. 14-23(b) of the Roanoke County Code is hereby established: Class I parade: Location: Any parade- travelling upon any primary road in Roanoke County; Any parade meeting the following size criteria travelling upon any I secondary road or street in Roanoke County; Size: Any combination of 10 or more ~ ~ , ' , April 27, 1993 26,3 ~ vehicles, large animals, floats or marching units or 50 or more participants; Fee: Calculated by multiplying the number of officers required for traff ic control over the route of the parade (A) by the number of hours the parade is expected to last (a minimum of 2 hours for each officer) (B) by the standard hourly rate for uniformed officers as set by the Chief of Police to apply for each fiscal year (C). [A x B x C = Administrative Fee]. Class II parade: Location: Size: Secondary road or street in Roanoke County; Less than 10 vehicles, large animals, floats or marching units or less than 50 participants; I Fee: Class II·I parade: Location: Entirely within a residential of Roanoke County and travelling upon or crossing primary road; area not any Fee: None 2. The following schedule of fees shall be ) charged by the Roanoke County Police Department for the services described: I Concealed weapons permit background investigation and report: ~ "... 26+ April 27, 1993 $250.00 25.00 Initial application and issuance for 2 years Biennial renewal thereafter ..................... $ $250.00 25.00 Conservator of the Peace appointment: Initial application and issuance for 2 years Biennial renewal thereafter ..................... $ 3. Any fees collected under this ordinance shall be depo~ited in. an account for the benefit of the Roanoke County Police Department personnel costs. 4. This ordinance shall be in full force and effect from and after the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance as modified by the County Attorney's Office, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Minnix NAYS: Supervisor Nickens ~ Ordinance Authorizina the 'ACquisition of 4.0 Acre Parcel of Land from JoseÞh H. Davis and Suzanne R. widnev for the SÞrinq Hollow Reservoir proi ect. (Paul Mahoney. county Attornev) 0-42793-8 ~ I There was no discussion. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II NAYS: None ..... I I ~ April 27, 1993 26 5 cc ORDINANCE 42793-8 AUTHORIZING THE ACQUISITION OF 4. O-ACRE PARCEL OF LAND FROM JOSEPH H. DAVIS AND SUZANNE R. WIDNEY, FOR THE SPRING HOLLOW RESERVOIR PROJECT WHEREAS, in order to provide the main access to the reservoir and the pump station for the spring Hollow Reservoir project,; the County requires a certain parcel of land, consisting of 4.0 acres by deed and 2.030 acres by survey, in the Catawba Magisterial District of Roanoke County, owned by Joseph H. Davis and Suzanne R. Widney; and WHEREAS, staff has negotiated the purchase of said property from Davis and Widney for the sum of $6,000.00, in lieu of eminent domain proceedings previously authorized by the Board; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on April 13, 1993; and the second reading was held on April 27, 1993. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Joseph H. Davis and Suzanne R. Widney a 4.0-acre (2.030-acre by survey) tract of land, identified as Tax Map No. 73.00-1-7, together with all rights incident thereto and appurtenances thereunto belonging, and together with all right, title and interest in and to the adjoining parcel of land where the family cemetery is located, for an amount not to exceed ~ "... 266 April 27, 1993 $6,000.00, plus agreement to maintain, and reasonable access for the property owners to, the family cemetery. 2. That the purchase price shall be paid out of the funds available for the Spring Hollow Reservoir Project. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of whi~h shall be approved as to form by the County Attorney. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: CONSENT AGENDA R"'42793-9 supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 42793-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD. OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM N - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board ~ ~ I I I I ~ April 27, 1993 267 of Supervisors for April 27, 1993 designated as Item N - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes - April 6, 1993. 2. Confirmation of Committee Appointment to the Library Board. 3. Acknowledgement of Acceptance of 0.13 Miles of Tinkerdale Road into the Secondary System by the Virginia Department of Transportation. 4. Donation of Right-of-Way in Connection with Homeland Hills Roaq Project. 5. Acceptance of Water and sani tary Sewer Facilities Serving Golden View Acres. 6. Donation of Drainage Easement on Lot 6, Block 1, Section 23, of Hunting Hills Subdivision to the Board of Supervisors~ 7. Acceptance of Donation of an Access Easement from the Salem Stone Corporation in Connection with the· Cleanup of the Dixie Caverns Landfill site. 2. That the Clerk to the Board is hereby authorized. and directed where required by law to set forth upon any of said , ' items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS ..o ,.. 268, April 27, 1993 ~ Supervisor Kohinke: (1) He complimented the staff on the county Government Day activities at Tanglewood Mall. (2) He announced that he had received the largest number of phone calls since his election regarding funding for Explore Park. IN RE: REPORTS Supervisor Johnson moved to receive and following reports after discussion of ~tems 5 and 8. carried by a unanimous voice vote. ~ General Fund UnaÞÞroÞriated Balance ~ CaÞital Fund UnaÞÞroÞriated Balance h Board Continaencv Fund ~ Accounts Paid - March 1993 ~ ReÞort ~n Bond Proiects. ~ ReÞort on 1991 Water Proiect h ReÞort on Roanoke Valley Resource Authority Solid Waste Facilities ReÞort on Monitorina of Manhole Reouirements file the The motion I h RESOLUTION VOLUNTEERS COUNTY. R-42793-10 Chairman Minnix presented individual resolutions and plaques to the following who were recognized for serving Roanoke County as volunteers for over 25 years: IN RE: OF WITH APPRECIATION AND RECOGNITION OF OVER 25 YEARS SERVICE TO ROANOKE I .... ~ April 27, 1993 26 9 .j;, ì .;, ~ Thomas E. Wagner, Mt. Pleasant Fire, 38 yrs Bobby L. Scruggs, Mt. Pleasant Fire, 38 yrs Ernest N. Amos, Clearbrook Fire, 37 yrs Leon Martin, Fort Lewis Fire, 32 yrs Donald R. Thomas, vinton Fire, 31 yrs Lowell Aldridge, Bent Mountain Rescue, 30 yrs Winston B. Adams, Mt. Pleasant Fire, 28 yrs Benny L. Powell, vinton Fire, 28 yrs Guy C. stump, Bent Mountain Fire, 27 yrs Douglas K. Wirt, Cave Spring Rescue, 27 yrs Ronald S. Edwards, Cave Spring Fire, 27 yrs willis Buchanan, Hollins Fire & Rescue, 25 yrs Roy M. Crowe, Fort Lewis Fire, 25 yrs Supervisor Johnson moved to adöpt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I RESOLUTION 42793-10 OF APPRECIATION TO VOLUNTEERS FOR OVER 25 YEARS OF DEDICATED SERVICE TO THE COUNTY OF ROANOKE WHEREAS, Roanoke County is indebted to the volunteers who provide fire and rescue service during evening and weekend hours to the citizens of the County; and WHEREAS, these men and women dedicate countless hours, unpaid but appreciated, to ensure the safety of the people and property of Roanoke County; and WHEREAS, due to the complexity of family and business life, few volunteers are able to maintain this type of commitment over a long period of time, as demands on their time and energy increase; and I WHEREAS, Roanoke County wishes to recognize those people who have been able to continue in service to the citizens ..... "... 270 April 27, 1993 ~ of the County, and has established a Quarter Century Club for the volunteers who have served for over 25 years; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on the behalf on the citizens of the County, does hereby express its deepest appreciation to these dedicated citizens for over twenty- five years of service as a volunteer with the Roanoke County Fire and Rescue Department; and FURTHER, BE IT RESOLVED, that they are hereby certified as a member of the Quarter Century Club for Volunteers in Roanoke County. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None I IN RE: BUDGET WORK SESSION WITH THE FIRE , RESCUE CHIEFS BOARD Chief Anita Hanson, Fort Lewis Rescue Squad, represented the Rescue Chiefs, and requested funding for two ambulances and additional funding for operational costs. Chief Wagner, Mount Pleasant Fire, represented the Fire Chief Board and requested funding for one fire truck. Supervisor Nickens asked the staff to check on the cost of the hepatitis B vaccine from Risk Manager Bob Jernigan. The chiefs and volunteers present were introduced. I ~ ~ April 27, 1993 '271 ~ ~ IN RE: EXECUTIVE SESSION At 5:30 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (7) Consultation with legal counsel and briefings by staff members, pertaining to smith Gap Landfill contract, (1) Personnel Matter; (3) Consideration of the disposition of publicly held property, i. e. well lot. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION II R-42793-11 At 6:45 p.m., Supervisor Johnson moved to return to Open Session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 42793-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the I provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia ~ ,.. 272 April 27, 1993 ~ requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identif ied in the motion convening the executi v:e meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: RECONVENEMENT At 7: 00 p.m." Chairman Minnix reconvened the meeting with all the supervisors present. IN RE: PUBLIC HEARINGS h Public Hearina to Elicit Comments Reaardina the ~ I I I I ~ April 27, 1993 ,21<J s: Proposed Budaet for Fiscal Year 1993-94. The following individual spoke regarding various aspects of the proposed 1993-94 budget. 1. Sherie Shindell, 3123 Honeywood Lane, thanked the Board for their funding of the League of Women Voters. 2. Elizabeth Johnson, a member of the Athenian Society spoke in support of funding for Center in the Square. 3. George Logan, with Valley Motorsport, spoke in support of funding for Center in the Square. 4 . James Sears, General Manager of Center in the Square, spoke in support of funding for Center in the Square. 5. Bruce Roy, President of the Roanoke County Professional Firefighters Union, spoke in support of full funding the salary survey for County employees. 6. Nancy Bailey, Chairperson of the Employee Advisory Committee, spoke in support of full funding of the salary survey for County employees. 7. Sheila Rose Dooley, a County employee and County citizen spoke in support of funding for the employee salary survey. 8. John Spitz, 1971 Oak Drive Ext, expressed concern about increasing taxes and services. 9. victoria Bond, Conductor of the Roanoke Symphony, spoke in support of funding for the Roanoke Symphony. 10. Heidi Krisch, President of the Symphony Society Board spoke in support of funding for the Roanoke Symphony. ..o ,.. la74 April 27, 1993 11. Michael Quinn, Zoological Society, spoke in Mountain Zoo. representing the support of the Blue Virginia Ridge Mill 12. Transportation, organization. Weldon spoke Virginia Museum of funding for of that Lawrence, in support 13. Parenthood, program. Kathy spoke in Haynie, support Planned education Executive of funding Director of for their 14. Mariellen Heron, Adult Care Center of Roanoke Valley, Inc. spoke in support of funding for the organization. 15. Peggy Balla, spoke in support of funding for the Comprehensive Health Investment Program (CHIP). 16. Carolyn Franklin, spoke in support of funding for the CHIP Program. 17. Rand Garrett, requested funds for the Roanoke Valley Economic Development Partnership. 18. Becky Deaton, Roanoke Association, requested salary increases County Education for County school teachers. 19. Richard Dickson, Executive Director of Association of Retarded Citizens, requested funds for that group. 20. Connie Willett, county citizen, spoke in support of funding for CHIP. 21. Gloria Charlton, 1217 Ruddell Road, spoke in support of funding for CHIP. .... ~ I I I I ""l1lI April 27',1993 275 22. Ellen Brown, Director of Human Resources for Total Action Against Poverty, spoke in support of funding for TAP. 23. John Pendarvis, spoke in support of funding for Family Services of the Roanoke Valley. 24. Buford T. Lumsden, 3423 Farmington Circle, spoke in support of funding for the Explore Project. ) 25. Mike Warner, President of the Board of Directors for Mill Mountain Theatre, spoke in support of funding for that organization. 26. Susan Williams, 3911 Skylark Circle, spoke in support of funding for the League of Older Americans. 27. Estelle Nichols, spoke in support of funding for the Bradley Free Clinic. 28. Darrell Branstetter, 6613 Sylvan Brook Road, spoke regarding inadequate liners in the new landfill, and increased sewer rates. 29. Myron C. White, Jr. 4107 Woodvale Drive, requested funding for the Roanoke Valley Community Band. 30. Rita Gliniecki, 5217 Hawkbill Circle, spoke in support of funding for the Mental Heal th Services of Roanoke Valley. 31. Diane Kelly, P. O. Box 592,' spoke in support of funding for the Mental Health Services of Roanoke Valley. 32. John Jennings, 3551 Meadowlark Road, spoke in support of funding for the Small Business Development Center. 33. Pat Dillard, 5838 Bighorn Drive, spoke in support ..o "... ,276 April 27, 1993 ~ of funding for the Presbyterian Community Center. 34. stan Cross, 5338 silver Fox Road spoke in support of funding for the Council of Community services. 35. Dr. Robert Trout, 5051 12 O'Clock Knob Road spoke for increased spending for education. 36. Britt Rossie, Science Museum of Western Virginia, spoke in support of funding for the Native American Heritage Fes::ival and Pow Wow. 37. Kathryn P. Garvin, 6211 Poage Valley Road, spoke in support of increased funding for the school budget and funding of the DARE pOlice officers. 38. patricia Schaaff, 7259 Willow Valley Road, spoke in support of funding for the schools and use of the Explore funding for education. 39. Gail Bureuss, 1109 Franklin Road, spoke in support of funding for Bethany Hall. 40. Martha Mackey, 7010 Snowberry Circle, spoke in support of funding for the Roanoke Valley Convention and Visitors Bureau. 41. Susan Bright, 5692 Cynthia Drive, spoke in support of funding for the Explore Project. 42. Ken Schutz, Executive Director of the Science Museum of Western Virginia, spoke in support of funding for that organization. 43. Nancy Connelly, Executive Director of the Roanoke Valley History Museum, spoke in support of funding for the ~ I I ~ I I ~ April 27, 1993 277 ~ museum. 44. Peter Lampman, Virginia Amateur Sports, spoke in support of funding for the Commonwealth Games. 45. Pamela Cooke-Mitchell, 3161-42 Berry Lane, spoke in support of funding for the Explore Project. 46. Julie Hollingsworth, 824 Campbell Avenue, S. W., spoke in support of funding for the Roanoke Area Ministries. 47. Lela Spitz, 1971 Oak Drive, spoke in opposition to local funding for the Explore Project and funding for the Convention and Visitors Bureau. 48. Doris Kinsey, 2748 Tanglewood Drive, spoke in support of funding for the Conflict Resolution Center. Terri Lynn Corwell was not present but asked that her remarks in support of funding for the Arts Council of the Blue Ridge be included in the record. Nancy Proffitt also asked that her comments in support of funding for the Alliance for the Mentally III be included in the record. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES h An Ordinance Authorizina a SÞecial Use Permit to EXÞand an Indoor Archery Club to Construct an Addition. Located on Timberview Road. Catawba Maaisterial District. UÞon the Petition of Giles M. Gillev. (Terry Harrinaton. Plannina , Zonina Director) 0-42793-12 ..... "... 278 April 27, 1993 Mr. Harrington advised that this is a request to add an addi tion to an existing indoor range building at an outdoor archery club on Timberview Road. The club is located on 89 acres in a Rural Preserve area where recreation uses are encouraged. The addition should not result in increased traffic or usage of the si te. The Planning Commission recommended approval of the request. Mr. Gilley was present to answer any questions. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-12 GRANTING A SPECIAL USE PERMIT TO GILES M. GILLEY TO EXPAND AN INDOOR ARCHERY CLUB BY THE CONSTRUCTION OF AN ADDI- TION TO ITS }'ACILITY LOCATED ON TIMBERVIEW ROAD (TAX PARCELS 25.00-1-4 AND 25.00-1-1), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Giles M. Gilley has filed a petition to expand an indoor archery club by the construction of an addition to its facility located on property owned by Sherwood Archers, Inc. on Timberview Road in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 23, 1993; the second reading and public hearing on this matter was held on April 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of ..... ~ I I I I ~ April 27, 1993 279 S~pervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to expand an indoor archery, club by ,the construction of an addition as set out in the Application for Special Use dated February 19, 1993, is ~ubstantially in accord with the adopted 1985 Comprehens~ve Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board ,hereby grants a Special Use Permit to Giles M. Gilley to expand the indoor archery club by the construction of said addition, said club being located on property owned by Sherwood Archers, Inc. on Timberview Road in the Catawba Magisterial District. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance to Rezone 4.75 Acres from 1-2 to R-2. Located at 1701 Underhill Avenue. vinton Maaisterial District. UÞon the Petition of Roanoke County Plannina Commission. (Terry Harrinaton. Plannina , zoning Director) 0-42793-13 Mr. Harrington reported this request is on behalf of Danny Ray and Deborah Wise. The property contains two parcels of 4.56 and 0.19 acres and is currently occupied by a single family ...01IIII ,.. 280 April 27, 1993 residence. The property is under a contract of sale, but due to the non-conforming status of the residence the purchaser has been unable to obtain acceptance financing. The rezoning would allow the property to be sold. The Planning Commission recommended approval of the request. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: SupervIsors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-13 TO CHANGE THE ZONING CLASSIFICATION OF A 4.7 5-ACRE TRACT OF REAL ESTATE LOCATED AT 1701 UNDERHILL AVENUE (TAX MAP NOS. 70.11-1-2 AND 70.11-1-3) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF 1-2 -TO THE ZONING CLASSIFICATION OF R-2 UPON THE APPLICATION OF THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, the first reading of this ordinance was held on March 23, 1993, and the second reading and public hearing was held April 27, 1993; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 6, 1993; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 4.75 acres, more or less, as described herein, and located at 1701 Underhill Avenue, (Tax Map Numbers ~ ~ I I I I ~ April 27, 1993 2'8 1 70.11-1-2 and 70.11-1-3) in the vinton Magisterial District, is hereby changed from the zoning classification of I-2, Industrial District, to the zoning classification of R-2, Single-Family Residential_District. 2. That this action is taken upon the application of the Roanoke county Planninq commission. 3. That said real estate is more fully described as follows: BEING the same property conveyed by Danny Ray Wise and Deborah S. Wise, husband and wife, to William C. Burleson and Janet C. Bost by deed dated March 19, 1993, of record in the circuit Court Clerk's Office in Deed Book 1396 at page 632 with an attached plat of the property prepared by C. E. Lacy, Jr., Land Surveyor, dated March 17, 1993. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None h An Ordinance Authorizina a SÞecial Use Permit to Construct a Reliaious Assembly and community ....II1II "... 282 April 27, 1993 Center. Located on Branico Drive. Cave SÞrinq Maaisterial District. UÞon the Peti tion of Jitendra Desai. (Terry Harrinaton. Plannina , Zoninq Director) 0-42793-14 Mr. Harrington explained that the Special Use Permit will allow construction of a building for religious assembly. The proposed development is in conformance with the Rural Preserve Designation. The Planning commission recommended approval of the request. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-14 GRANTING A SPECIAL USE PERMIT TO JITENDRA DESAI TO CONSTRUCT A RELI- GIOUS ASSEMBLY AND COMMUNITY CENTER LOCATED ON BRANICO DRIVE (TAX PARCEL 105.00-2-77), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Jitendra Desai has filed a petition to construct a religious assembly and community center located on property owned by RaYmond L. and Virginia B. Meador on Branico Drive (Route 763) in the Cave Spring Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on April 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 23, 1993; ~ ~ I I I I ""III April 27, 1993 28,3A: the, second reading and public hearing on this matter was held on April 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to construct a religious assembly and community center located on property owned by Raymond L. and Virginia B. Meador on Branico Drive (Route 763) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Jitendra S. Desai to construct a religious assembly and communi ty center located on property owned by Raymond L. and Virginia B. Meador on Branico Drive (Route 763) in the Cave Spring Magisterial District. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None L. An Ordinance Authorizina a SÞecial Use Permit to EXÞ8nd an ExistinaChurch Buildinq for Sunday School Rooms and FellowshiÞ Hall. Located at 8269 Bradshaw Road. Catawba Magisterial District. UÞon the Petition of Warren E. Booth. (Terry (i) ...... ,.. 2838 April 27, 1993 Harrinaton. Plannina , Zonina Director) 0-42793-15 Mr. Harrington reported that the Special Use Permit would allow expansion of an existing church and invol ved two adjoining pieces of property. The Planning Commission recommended approval of the request. Supervisor Kohinke moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-15 GRANTING A SPECIAL USE PERMIT TO WARREN E. BOOTH TO EXPAND AN EXIST- ING CHURCH BUILDING FOR SUNDAY SCHOOL ROOMS AND FELLOWSHIP HALL LOCATED AT 8269 BRADSHAW ROAD, (TAX PARCELS 41.00-2-12 AND 41.00-2- 13.1), C~TAWBA MAGISTERIAL DISTRICT WHEREAS, Warren E. Booth has filed a petition to expand an existing church building for Sunday school rooms and fellowship hall located at 8269 Bradshaw Road on property owned by Moores Chapel Church in the Catawba Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on April 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 23, 1993; the second reading and public hearing on this matter was held on April 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of \~\ Supervisors of Roanoke County, Virginia, as follows: .... ~ I I ""1111 April 27, 1993 284 ~ 1. That the Board finds that the granting of a special use permi t to expand an existing church building for Sunday school rooms and fellowship hall located at 8269 Bradshaw Road on property owned by Moores Chapel Church in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board h~reby grants a Special Use Permit to Warren E. Booth to expand an existing church building· for , ' Sunday school rooms and fellowship hall located at 8269 Bradshaw Road on property owned by Moores Chapel Church in the Catawba I Magisterial District. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ An Ordinance Authorizina a soecial Use Permit to Allow the EXÞansion of an Existina Church Buildinq and the Future Construction of Related Facilities. Located at 312 Azusa street. Hollins Maaisterial District. UÞon the Petition of Azusa street Ministries. (Terry Harrinaton. Planninq , Zonina Director) I 0-42793-16 Mr. Harrington presented the staff report. He advised ..o ,.. 285' April 27, 1993 that at the Planning Commission hearing there was concern about sewer backup, future construction, late hours, noise and litter. In response to these concerns, the peti tioner eliminated the auditorium from the request. The Planning Commission recommended approval of the request. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-16 GRANTING A SPECIAL USE PERMIT TO THE TRUSTEES OF AZURA STREET MINIS- TRIES, U.P.C.I. TO ALLOW THE EXPANSION OF AN EXISTING CHURCH BUILDING AND THE FUTURE CON- STRUCTION OF RELATED FACILITIES LOCATED AT 312 AZUSA STREET, (TAX PARCELS 26.16-2-12 AND 26.16-2-13), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Trustees of Azusa Street Ministries, U.P.C.I. have filed a petition to allow the expansion of an existing church building and the future construction of related facilities located at 312 Azusa Street in the Hollins Magisterial District; and WHEREAS, the Planning commission held a public hearing on this matter on April 6, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, virginia, held a first reading on this matter on March 23, 1993; the second reading and public hearing on this matter was held on April 27, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of .... ~ I I I I ~ April 27, 1993 28 6 ~ Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the expansion of an existing church building and the future construction of related facilities located at 312 Azusa Street in the Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to the Trustees of Azusa Street Ministries, U.P.C.I. to allow the expansion of an existing church building and the future construc- tion of related facilities located at 312 Azusa Street in the Hollins Magisterial District, subject the following to conditions: a) Screening and buffering, type C along eastern property line. b) That the auditorium shown plan, not be authorized Special Use Permit. on the as' part concept of this c) That the dumpster be relocated away from Vivian Avenue houses. On motion of Supervisor Johnson to adopt the Ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None L. Ordinance Authorizina the Relocation of the Office of the General Reaistrar to New Office Facilities ..o ,.. 287 April 27, 1993 and Relocation and Establishment of a Central Absentee voter Election District. (Paul Mahoney. County Attorney) 0-42793-17 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-17 AUTHORIZING THE RELOCATION OF THE OFFICE OF THE GENERAL REGISTRAR FOR ROANOKE COUNTY AND, PURSUANT TO §§ 24.1-37 AND 24.1-233.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, AUTHORIZING THE RELOCATION AND ESTABLISHMENT OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT IN THE ROANOKE COUNTY ADMINISTRATIVE OFFICES LOCATED AT 5204 BERNARD DRIVE, S.WJ, IN ROANOKE COUNTY, VIRGINIA WHEREAS, as a result of the acquisition of certain real estate and improvements for new office facilities for County government operations, the Electoral Board of Roanoke County recommended to the Board of Supervisors of Roanoke County the relocation of the Office of the General Registrar and the relocation and establishment of the Central Absentee Voter Election District to the Roanoke County administrative offices at 5204 Bernard Drive, S.W., for all elections held within Roanoke County. NOW, THEREFORE, be it ordained by the Board of' Supervisors of Roanoke County, Virginia, as follows: .... ~ I I I I ~ April 27, 1993 288 1. That the first reading on this ordinance was held on March 23, 1993; and the second reading and public hearing was held on April 27, 1993. 2. That the relocation of the Office of the General Registrar and the relocation and establishment of the Central Absentee Voter Election District to the Roanoke County administrative offices at 5204 Bernard Drive, S.W. for all elections held within Roanoke County is hereby authorized and approved. 3. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish these purposes, all upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Authorizinq the Relocation of the Castle Rock Votinq Precinct from Cave SÞrina Fire station to Cave SÞrina Junior Hiah School. (Paul Mahoney. County Attorney) 0-42793-18 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: ~ "... 289' April 27, 1993 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 42793-18 AUTHORIZING THE RELOCATION OF THE POLLING PLACE FOR THE CASTLE ROCK VOTING PRECINCT FROM THE CAVE SPRING FIRE STATION TO THE CAVE SPRING JUNIOR HIGH SCHOOL PURSUANT TO § 24.1-37 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Electoral Board of Roanoke County has recommended to th~ Board of Supervisors of Roanoke County the relocation of the polling place for the Castle Rock Voting Precinct from the Cave Spring Fire station to the Cave Spring Junior High School for all elections held within Roanoke County. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the first reading on this ordinance was held on March 23, 1993; and the second reading and public hearing was held on April 27, 1993. 2. That the relocation of the polling place for the Castle Rock Voting Precinct from the Cave Spring Fire Station to the Cave Spring Junior High School for all elections held within Roanoke County is hereby authorized and approved. 3. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish these purposes, all upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: ~ ~ I I I I ~ April 27, 1993 290 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None h ProÞosed Amendments to the Zonina Ordinance and County Sewer Ordinance to Allow Alternative Discharaina Sewaae Svstems. (Terry Harrinaton. Director of Plannina , Zonina) There was no discussion. Supervisor Kohinke moved to adopt the ordinances. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Amendina and Reenactina section 18- 63.1 "Procedures and Fees for Issuance of Permits for SeÞtic Tanks. On-site Sewaae Dis~osal Systems and Wells" of the Roanoke County Code to Provide for Alternative Discharaina Sewaae Systems. 0-42793-19 ORDINANCE 42793-19 AMENDING AND REENACTING SECTION 18-63.1 "PROCEDURES AND FEES FOR ISSUANCE OF PERMITS FOR SEPTIC TANKS, ON-SITE SEWAGE DISPOSAL SYSTEMS AND WELLS" TO PROVIDE FOR ALTERNATIVE DISCHARGING SEWAGE SYSTEMS WHEREAS, failing septic systems pose a direct and immediate threat to the public health, safety and welfare of this ~ ,.. 2,91 ,: April 27, 1993 ~ community, as well as a demonstrable financial hardship to the individual homeowner and citizen; and, WHEREAS, alternative discharging sewage systems constitute a method of sewage disposal as a replacement for a failing, pre-existing individual single family system where no other alternative for sewage disposal exists; and, WHEREAS, alternative discharging sewage systems are not a proven nor acceptable technology for general application or for new construction since these systems are in conflict with the County's growth management policies, and pose a threat to the protection of water quality ; and, WHEREAS, the Planning Commission and the Board of Supervisors have conducted several work sessions on this issue, and have considered the staff's "Summary ~eport on Alternative Discharging Sewage Disposal Systems"; and, WHEREAS, sectiòn 62.1-44.15:3 of the Code of Virginia provides that no application for a permit to discharge of sewage into state waters shall be considered complete unless the local governing body of the affected jurisdiction certifies that the location and operation is consistent with all local planning, sµbdivision and zoning ordinances (ordinances adopted pursuant to Chapter 11 of Title 15.1 of the State Code); and, WHEREAS, the Virginia Department of Health and the Virginia Water Control Board have developed regulations, policies and procedures to approve the installation and operation of alternative discharging sewage systems in conjunction with their ~ I I I I ~ April 27, 1993 292 review and approval by local governing bodies of counties, cities and towns in this Commonwealth; and, WHEREAS, this ordinance is adopted pursuant. to the authority found in Section 15.1-520, 15.1-856, 62.1-44.15:3, Article 1 of Chapter 6 of Title 32.1, and Chapter 11 of Title 15.1, of the Code of Virginia, 1950, as amended; and, WHEREAS, the first reading and public hearing on this ordinance was held on March 23, 1993, and the second reading of this ordinance was held on April 27, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia as follows: 1) That Sec. 18-63.1 Procedures and fees for issuance of permits for septic tanks, on-site sewaqe disposal systems and wells is hereby amended and reenac':ed as follows: (a) All buildings in the county in those areas where septic tanks are permitted shall have an on-site sewage disposal system. alternative discharqinq sewaqe svstem or septic tanks installed for the disposing of sewage and other human waste. (b) Before anyon-site sewage disposal. alternative discharqinq sewaqe svstem or septic tank systems or private wells are constructed or installed, it shall be the duty of the landowner upon whose land the construction or installation shall take place to secure a permit to be issued by the health department. Application for such permit(s) shall be made to the county's department of development and inspection, or its successor, upon forms prescribed by the health department. Before ~ ,.. 29:3 April 27, 1993 ~ anv al ternati ve discharqina sewaqe svstems are constructed or installed. the applicant shall secure a special use permit as required bv the Roanoke Countv Zoninq Ordinance. (c) There is hereby established a county permit fee of fifty dollars ($50.00) for each on-site sewage disposal system~ alternative discharqinq sewaqe svstem or septic tank. This permit fee, along with the state permit fee of fifty dollars ($50.00) shall be paid to the treasurer at the time application is made for a permit and before the application will be processed by the health department. The state permit fee of twenty-five dollars ($25.00) for construction of a private well likewise shall be paid to the treasurer at the time application is made for such permit and before processing by the health department. The treasurer shall not collect the state fee(s) from owner's whose family income is at or below the applicable income guidelines as provided under state regulation. (d) The health department shall review this permit application based upon the requirements and regulations promulgated pursuant to title 32.1 of the Code of Virginia. Any septic tank permit issued under this section shall be valid for a period of fifty-four (54) months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. The availability of a public sewer system shall constitute a substantial intervening change in the site conditions to void a permit. ..... I I I I ~ , "-' April 27, 1993 29 4 ~ (e) In the event the health department denies a permit on the land on which the owner seeks to construct his principal place of residence, the county's portion of the state application fee shall be refunded to the owner. Such fee shall not be refunded by the county until final resolution by the health department of any appeals made by the owner from such denial. (f) Applications shall be limited to one site specific proposal. When site conditions change, or the needs of the applicant change, or the applicant proposes and requests another site be evaluated, and a new site evaluation is conducted, a new application and fee is required. (g) Any person, firm, or corporation violating any provisions of this section shall be subject to a Class 3 misdemeanor for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs) or continues. Further, any violation or attempted violation of this section may be restrained, corrected, or abated by injunction or other appropriate proceeding. 2) That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix, NAYS: None ...0IIII "... 295 April 27, 1993 b. Ordinance Amendina and Reenactina the 1992 Roanoke County Zonina Ordinance to Þrovide for Alternative Discharaina Sewaae Systems. 0-42793-20 ORDINANCE 42793-20 AMENDING AND REENACTING THE 1992 ROANOKE COUNTY ZONING ORDINANCE TO PROVIDE FOR ALTERNATIVE DISCHARGING SEWAGE SYSTEMS WHEREAS, failing septic systems pose a direct and immediate threat to the public health, safety and welfare of this community, as well as a demonstrable financial hardship to the individual homeowner and citizen; and, WHEREAS, alternative sewage systems discharging consti tute a method of sewage disposal as a replacement for a failing, pre-existing individual single family system ':lhere no other alternative for sewage disposal exists; and, WHEREAS, alternative discharging sewage systems are not a proven nor acceptable technology for general application or for new construction since these systems are in conflict with the County's growth management policies, and pose a threat to the protection of water quality ; and, WHEREAS, the Planning commission and the Board of Supervisors have conducted several work sessions on this issue, and have considered the staff's "Summary Report on Alternative Discharging Sewage Disposal Systems"; and, WHEREAS, Section 62.1-44.15:3 of the Code of Virginia provides that no application for a permit to discharge of sewage ~ ~ I I r I I ""l1lI April 27, 1993 29,.6 ~. into state waters shall be considered complete unless the local governing body of the affected jurisdiction certifies that the location and operation is consistent with all local planning, subdivision and zoning ordinances (ordinances adopted pursuant to Chapter 11 of Title 15.1 of the state Code); and, WHEREAS, the Virginia Department of Health and the Virginia Water Control Board have developed regulations, policies and procêdures to approve the installation and operation of alternative discharging sewage systems in conjunction with their review and approval by local governing bodies of counties, cities and towns in this Commonwealth; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 15.1-520, 15.1-856, 62.1-44.15:3, Article 1 of Chapter 6 of Title 32.1, and Chapter 11 of Title 15.1, of the Code of Virginia, 1950, as amended; and, WHEREAS, the first reading and public hearing on this ordinance was held on March 23, 1993, and the second reading of this ordinance was held on April 27, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following amendments are being proposed to the 1992 Roanoke County Zoning Ordinance, which went into effect on December 31, 1992. , I. The following use type descri,ption shall be inserted into the listing of residential use types contained in Section 30-29-2 in alphabetical order: ...0IIII "... ,2'97 April 27, 1993 ~ II. ALTERNATIVE DISCHARGING SEWAGE SYSTEMS - Any device or system which results in a point source surface discharge of treated sewage which is installed as a replacement system for a pre-existing individual single family dwelling with flows less than or equal to 1,000 gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health under a general Virginia Pollution Dischar9'e Elimination System (VPDES) permit issued by the State Water Control Board. Systems which exceed 1,000 gallons shall be prohibited and shall not be considered a utility Service, Major as described in this ordinance. The fOllowing use type shall be added, in alphabetical order, to the listing ':)f uses reqùiring a special use permit in all of the Agricultural districts and in the R-1 district by amending Section 30-32-2(B) 1. 5; III. section 30-33-2(B) 1.5.; Section 30-34-2(B) 1.; Section 30-36-2(B) 2.; and, section 30-41-2(B) 2. with the following language: Residential Uses Alternative Discharging Sewage Systems * The following provisions shall be added to Article IV, Use and Design Standards, Section 30-82 Residential Uses as section 30-82-1.5: Sec. 30-82-1.5 Alternative Discharging Sewage systems Intent The existence of untreated septage/sewage (A) ~ I I I I ~ April 27, 1993 . 298 (B) poses a clear and documented risk to public health and safety. The following provisions are intended to permit by special use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains a single family residence constructed prior to the date of this ordinance and where no other alternative for sewage disposal exists. These systems are not considered by Roanoke County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and resource protection policies contained in the County's Comprehensive Plan. However, these systems provide a more acceptable method of sewage disposal than no sewage disposal at all for residences which pre-existed this ordinance. Special Application Requirements and Procedures: 1. Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Roanoke County will be accepted until a formal application has been submitted to and received by VDH. 2. In addi tion to the application requirements and procedures established in Section 30-19 of this ordinance, no application for a special use permit ..o ,.. 299 April 27, 1993 ~ 3. shall be considered until the information listed below is provided. a. a copy of the application form and material(s) submitted to VDH; b. written documentation from VDH that all other methods of sewage disposal permitted in Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property; c. documentation supporting conformance with the criteria contained in subsection (C) 2. below; and, d. the tax map number, name and mailing address of all property owners 1,000 feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Roanoke County, or other municipality if appropriate. In addition to all other notice requirements contained in section 30-19 of this ordinance and otherwise required by law, all property owners located 1,000 feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten days prior to the Planning Commission's public hearing. The Zoning ~ I I ""l1lI April 27, 1993 30' o Administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage. 4. Wherever possible, the review and consideration of a request for a special use permit shall be coordinated wi th the review procedures and requirements of VDH and the state Water Control Board (SWCB). I (C) General standards: 1. All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the state Water Control Board (SWCB) and the Virginia Department of Health (VDH) pursuant to Section 62.1-44.2 et seq. and section 32.1-163 and 164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permi tting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single 'Family Dwellings (VR 355-34-400)." 2. A special use permit request shall only be considered when the following criteria is met: a. the residence is located more than 300 feet I from an existing or proposed public sewer line, or when 300 feet or less, is otherwise ..... "... 301 :.. April 27, 1993 .~ 3. .... 4. unable to connect to public sewer due to topography or other physical constraint, as determined by the Director of utility; and, b. the proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single family residence constructed prior to the effective date of this ordinance. (April 23, 1993) All systems proposed for use in Roanoke County shall be classified under section 2.25 of the VDH regulations as having either preliminary or general approval for use in Virginia. systems with experimental approval shall be prohibited in Roanoke County. In Roanoke County the location of the discharge point shall be limited to a year-round stream as defined in section 3.2 of the VDH regulations, except as allowed in item (C) 5. below. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the Board of Supervisors under the following conditions: a. the use of an intermi ttent stream or dry ditch is included as a specific condition of the special use permit; 5. I 'I I 1 ""II1II April 27, 1993 302 6. b. specific conditions are attached to the permit pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essentially to protect the public health and safety; and, c. none of the conditions attached to the permit are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and incorporated into the conditions of the special use permit. Prior to issuance of an ~perating permit by VDH, a notice shall be recorded with the Clerk of the Circui t Court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property. At a minimum, this shall include notice that the approval must be re-permitted every five years or upon change of ownership as required by VDH regulations, that a maintenance contract mµst remain in full force at all times, that VDH shall have the right of access to the property, and that the Health Department and Roanoke County do not ..o ,.. 30':3 April 27, 1993 ~ 7. ~ 8. warrant in any way the continued compliance with County, state and Federal standards and assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the County Attorney's Office prior to recordation. A copy of all formal and informal testing results required under Sec~ion 3.11 of the VDH regulations shall be submitted to the County Health Department and the County Department of Planning and Zoning, in addition to any other agency or location required by law. Any special use permit approved by Roanoke County shall ::,un concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the special use permit shall also expire or be revoked. No special use permit shall be valid for a period greater than five years. Requests to renew a permit of an existing system shall be considered as though it ~ere a separate and new request for a special use permit and shall meet all of the requirements of this ordinance. Recurring requests for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH 9. I 1 I 1 ~ April 27, 1993 304 r' ¡ regulations, including failure to maintain a current maintenance contract at all times, may be sufficient grounds for denial of a new special use permit by the Board of Supervisors. 10. Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any special use permit approved under this ordinance 11. Any variance or waiver approved by VDH shall not automatically be binding on the Board of Supervisors in considering or approving a special use permit. 2) That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Ordinance Declarina a 100' bY 115' Þarcel of Real Estate Identified as Tax MaÞ No. 76.16-1-14 and located off Route 1666 (Sheldon Drive) to be SurÞlus and AcceÞtina/Reiectina an Offer for the ~ "... 305 April 27, 1993 ~ ~ Sale of Same. (Paul Mahoney. County Attorney) 0-42793-21 Mr. Mahoney advised that an offer of $2,000 had been made from Carolyn Freeman. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: Supervisors Johnson, Nickens ORDINANCE 42793-21 DECLARING A 100' by 115' PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 76.16-1-14 TO BE SURPLUS AND ACCEPTING AN OFFER FOR THE SALE OF SAME 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 property is hereby declared to be surplus and is being made available for other public uses; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing was held on April 13, 1993; and a second reading was held on April 27, 1993, concerning the sale and disposition of a 100' by 115' parcel of real estate identified as Tax Map No. 76.16-1- 14; and 3. That an offer having been received for said property, the offer of Carolvn Freeman to purchase this property for $2.000 is hereby accepted/rejeoted; and I 1 ~ April 27, 1993 306 4. That all proceeds from the sale of this real estate are to be paid into the capital projects fund; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon, form approved by the County Attorney. 011 motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None I ABSTAIN: Supervisors Johnson, Nickens IN RE: ADJOURNMENT At 10: 00 p.m., Supervisor Kohinke moved to adjourn" The motion carried by a H. Chairma / / ~/ // ",/--' ,'// /// /,/ ~/ ///' // /' I / ,/ // ....,/ ~ "... ~ I . I