HomeMy WebLinkAbout8/8/2006 - Regular
Roanoke County
Board of Supervisors
Agenda
August 8,2006
NOTE: The Board of Supervisors will participate in a training session regarding
the National Incident Management System (NIMS) from 1 :00 p.m. until 2:30 p.m. in
the Training Room, 4th Floor of the Roanoke County Administration Center, prior
to the regularly scheduled Board meeting
Good afternoon and welcome to our meeting for August 8, 2006. Regular meetings are
held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are
held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule
will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are
now closed-captioned. Individuals who require assistance or special arrangements to
participate in or attend Board of Supervisors meetings should contact the Clerk to the
Board at (540) 772-2005 at least 48 hours in advance.
A. OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation:
Father Rob Cole
Our Lady of Nazareth Catholic Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of recognition to Kelly Clark, Glenvar High School, for winning the
state championship in the 1600 meter and 3200 meter events
D. BRIEFINGS
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E. NEW BUSINESS
1. Request from the Fire and Rescue Department to accept and appropriate a
grant in the amount of $232,000 from the Virginia Office of Emergency
Medical Services for the purchase of a squad vehicle for the Fort Lewis
Station. (Richard E. Burch, Jr., Fire and Rescue Chief)
F. FIRST READING OF ORDINANCES
1. First reading of an ordinance amending Section 5-29. "Same-Impoundment"
of Article II. "Dogs, Cats and Other Animals" of Chapter 5. "Animals and Fowl"
to increase the daily impoundment fee charged by Roanoke County from
$8.75 to $10.00 per day per animal. (John M. Chambliss, Assistant County
Administrator)
2. First reading of an ordinance amending Chapter 8.1 "Erosion and Sediment
Control" of the Roanoke County Code to address steep slope development
and other technical amendments. (Arnold Covey, Director of Community
Development)
3. First reading of an ordinance authorizing conveyance of an easement to
Appalachian Power Company on property owned by the Roanoke County
Board of Supervisors, "Goode Park", to provide electric service for KTP, LLC,
Vinton Magisterial District. (Pete Haislip, Director of Parks, Recreation and
Tourism)
G. SECOND READING OF ORDINANCES
H. APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (Appointed by
District)
2. Economic Development Authority
3. Parks, Recreation, and Tourism Advisory Commission (Appointed by District)
I. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes - July 25, 2006
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2. Confirmation of committee appointment
3. Resolution of appreciation to Richard Braford, Police Department, upon his
retirement after twenty-six years of service
4. Request from the schools to accept and appropriate state awards and grants
totaling $123,790
J. REQUESTS FOR WORK SESSIONS
K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Debt Payment Reserve
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Richard C. Flora
2. Joseph P. McNamara
3. Joseph B. "Butch" Church
4. Michael W. Altizer
5. Michael A. Wray
O. WORK SESSIONS (Training room - 4th Floor)
1. Work session to report on site visits to multi-generational facilities in St. Louis
and to discuss the status of the Parks, Recreation and Tourism Master Plan
draft report. (Elmer C. Hodge, County Administrator; Pete Haislip, Director of
Parks, Recreation and Tourism)
2. Work session to discuss the status of the Slate Hill development. (Elmer C.
Hodge, County Administrator; Arnold Covey, Director of Community
Development)
3. Work session to provide an update regarding Roanoke County's Stormwater
Management Program. (Arnold Covey, Director of Community Development)
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P. CLOSED MEETING
Q. CERTIFICATION RESOLUTION
R. ADJOURNMENT UNTIL WEDNESDAY, AUGUST 16, 2006, AT 5:00 P.M., FOR
THE PURPOSE OF A JOINT MEETING WITH THE ROANOKE COUNTY
SCHOOL BOARD, SCHOOL ADMINISTRATION CENTER, 5937 COVE ROAD,
ROANOKE, VIRGINIA.
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ACTION NO.
ITEM NO. c: -,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
Certificate of recognition to Kelly Clark, Glenvar High School,
for winning the state championship in the 1600 meter and 3200
meter events
Elmer C. Hodge ~ /-iJez
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Kelly Clark, a 2006 graduate of Glenvar High School, won two state championships during
the Virginia State Group A Track and Field Championship held June 3, 2006, at Radford
University. Ms. Clark won the 1600 meter event with a time of 5:05.79 and the 3200 meter
event with a time of 11 :17.20. Ms. Clark has concluded an outstanding high school career
in track and cross country and will attend Virginia Tech this fall on a full four-year track
scholarship.
We have been pleased to recognize Ms. Clark for winning the following state
championships in the four years that she attended Glenvar High School:
> 1600 meter and 3200 meter events as a senior
> 2-mile event as a junior
> 5-kilometer cross country as a sophomore
> 1600 meter as a freshman.
In addition to Ms. Clark, the following individuals are expected to attend: Tom Hall,
Assistant Superintendent of Personnel; Curtis Hicks, Principal at Glenvar High School; and
Jamie Soltis, Track Coach.
~unt!' of l\oano~
CERTIFICATE OF RECOGNITION
AWARDED TO
Kelly Clark
GLENV AR HIGH SCHOOL
for winning the
State Group A Championship in the 1600 Meter & 3200 Meter Events
> Ms. Clark won the 1600 and 3200 meter events during the Virginia State Group A
Track & Field Championship held June 3, 2006, at Radford University.
> Ms. Clark won the 1600 meter event with a time of 5:05.79 and the 3200 meter event
with a time of 11 :17.20.
> Ms. Clark will start her college career this fall at Virginia Tech with a four-year
scholarship for track and cross-country.
> The Board of Supervisors congratulates Kelly Clark upon her many athletic
achievements and wishes her success in her college career.
Signed this 8th day of August 2006
'"\Yl'~ Q. W
Michael A. Wray, Chairm~
/nu"kt 71.,. OBJ~
Michael W. Altizer
8. "/;a~ · ~
h B. "Butch" Church
~,~-D c:.. ~cw....
Richard C. Flora
ACTION NO.
ITEM NO.
'E -,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8,2006
AGENDA ITEM:
Request from the Fire and Rescue Department to accept and
appropriate a grant in the amount of $232,000 from the
Virginia Office of Emergency Medical Services for the
purchase of a squad vehicle for the Fort Lewis Station
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY:
Elmer C. Hodge, Jr. ~ }(.i4r'
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
We are pleased to accept the generous donation made by the estate of Marie Hott. It was
her desire to donate to an organization that would assist the Fort Lewis Community, and
she felt that contributing to the Fire and Rescue Department would be an excellent way to
achieve this goal. We are also pleased to recognize a grant from the State of Virginia
totaling $116,000 to be used toward the purchase of the vehicle for the Fort Lewis Station.
I recommend approval of the appropriation request.
SUMMARY OF INFORMATION:
Roanoke County Fire and Rescue requests that the Board of Supervisors accept and
appropriate the following grant and estate settlement for the purchase of a replacement
vehicle for the Fort Lewis Station:
The Virginia Office of Emergency Medical Services awarded the Fire and Rescue
Department Grant #WVC03/06-06 totaling $232,000 which requires a 50% match.
The new squad is to replace an existing vehicle serving Roanoke County at the Fort Lewis
station. Fort Lewis Volunteer Fire Department, Roanoke County, and Roanoke County
Fire and Rescue will share in the funding of the required match.
FISCAL IMPACT:
The estate of Marie Hott bequeathed funds in the amount of $52,542.36 to Roanoke
County Fire and Rescue to benefit the Fort Lewis area. Roanoke County Fire and Rescue
will use this amount as a portion of the match for the above grant. The Fort Lewis
Volunteer Fire Department will supply partial funding totaling $49,337.46 also from the
estate settlement of Marie Hott. The remaining $14,120.18 required match will come from
both the Fort Lewis Volunteer Fire Department through the sale of Squad 9 and the Fire
and Rescue Department operating budget. Additional funds received from this sale are to
be appropriated to this account and will be matched by the Fire and Rescue Department
operating budget for the vehicle purchase.
ALTERNATIVES:
The Department will not be able to purchase the new squad without the funds from the
State (Grant # WVC03/06-06) and the funds from the estate settlement of Marie Hott.
STAFF RECOMMENDATION:
Staff recommends the acceptance of the grant from the Virginia Office of Emergency
Medical Services in the amount of $232,000 and appropriation of the funds to account
number 486634 in the grant fund as follows:
State Grant................. ....................................................... .$116,000.00
Contributions (From Marie Hott Estate) ..................................52,542.36
Contributions (From Fort Lewis from Marie Hott Estate) ........49,337.46
Sale of Vehicle/F& R Budget............................................... 14.120.18
Total........................................................................ .$232,000.00
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...
ACTION NO.
ITEM NO. [.J
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August8,2006
AGENDA ITEM:
First reading of an ordinance amending Section 5-29. "Same-
Impoundment" of Article II. "Dogs, Cats and Other Animals" of
Chapter 5. "Animals and Fowl" to increase the daily
impoundment fee charged by Roanoke County from $8.75 to
$10.00 per day per animal
SUBMITTED BY:
Ray Lavinder
Chief of Police
APPROVED BY:
Elmer C. Hodge C-II
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
When animal control officers are required to pick up and kennel a domestic animal, the
animal owners are assessed a fee by the locality. The current fee structure for the
localities utilizing the Roanoke Valley SPCA is shown in the chart below:
Localit Boardin Fee PickU 1st 3r and f
Roanoke Count 8.75 20.00 50.00
Roanoke Cit 10.00 25.00 50.00
Vinton 10.00 25.00 50.00
Botetourt 10.00 20.00 40.00
The Police Department requests to adjust the daily boarding fee from $8.75 to $10.00 and
the first infraction pick up fee from $20.00 to $25.00. This fee increase will be used to
cover the increase in fees paid to the Roanoke Valley SPCA who operates the animal
shelter on behalf of Roanoke County and other Roanoke Valley governments. The
attached ordinance prepared by the County Attorney would be held as a first reading today
and held as a second reading for adoption on August 22, 2006. The fee increase would
become effective upon the date of approval of the second reading of the ordinance.
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"
FISCAL IMPACT:
The Police Department budgeted $198,000 to cover costs associated with its use of the
SPCA. An increase in this year's contract costs to be paid to the SPCA indicates the end of
year expenditures will be $212,000, a $14,000 shortfall. In an effort to offset this
deficiency, the Police Department seeks a nominal increase in the boarding and pick up
fees bringing those fees to the same level that most of the other municipalities assess to
minimize our budget deficit.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the first reading of the attached ordinance and
schedule the second reading for August 22 to amend the fees charged for the pick up and
boarding of animals.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8,2006
ORDINANCE AMENDING SECTION 5-29. "SAME-IMPOUNDMENT" OF
ARTICLE II. "DOGS, CATS AND OTHER ANIMALS" OF CHAPTER 5.
"ANIMALS AND FOWL" TO INCREASE THE DAILY IMPOUNDMENT
FEE CHARGED BY ROANOKE COUNTY FROM $8.75 TO $10.00 PER
DAY PER ANIMAL
WHEREAS, the Roanoke Valley Society for the Prevention of Cruelty to Animals,
Inc. provides housing, care, disposal, and adoption services for animals for several local
governments in the Roanoke Valley; and
WHEREAS, operating costs for the RVSPCA are offset by charging the
participating localities a per animal per diem fee to provide these services; and
WHEREAS, the RVSPCA has increased its fee from $8.75 to $10.00 per day per
animal causing a deficit in the amount budgeted by the Police Department to cover
costs associated with its use of the RVSPCA facilities; and
WHEREAS, the first reading of this ordinance was held on August 8, 2006, and
the second reading and public hearing was held on August 22, 2006.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. That Section 5-29. Same-Impoundment be, and hereby is, amended to
provide for an increase in the per diem fee charged for each animal housed at the
RVSPCA from $8.75 to $10.00 as set out below:
Article II. Dogs, Cats and Other Animals.
Sec. 5-29. Same--Impoundment.
(a) It shall be the duty of the community service officer or other officer to cause any
dog found running at large in violation of section 5-28 or any dog or cat creating an
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animal nuisance in the presence of the officer as defined by section 5-21 to be caught
and confined in the county animal shelter. Every reasonable effort shall be made on the
part of the community service officer or other officer to determine the ownership of an
animal so confined if the animal has an identifying collar, tag, license or tattooed
identification or electronic implant and to notify the owner of its whereabouts. Such
officer shall make a reasonable effort within forty-eight (48) hours of the animal's
confinement to notify any owner who may be readily identified of such confinement.
(b) A dog or cat or other domestic animal confined under this section or other lawful
authority may be claimed by the rightful owner after displaying proof of ownership, a
current dog or cat license and proof of current rabies inoculation of the animal. No dog
or cat shall be released to any person claiming ownership, unless such license and
proof have been displayed.
(c) An owner claiming his animal pursuant to subsection (b) above shall be required to
pay the actual expense incurred by the county in keeping the animal confined. Such
payment shall be made to the custodial officer at the time of the release of the animal. It
shall be the duty of the custodial officer to furnish the owner with a written receipt for
such payment, in a form and manner approved by the board of supervisors. Such officer
shall keep a carbon copy of all such receipts in a bound book, which shall be turned
over to the county treasurer when the book is filled and shall be subject to audit by
representatives of the board of supervisors whenever requested. In the event any
domestic animal confined at county expense is sold, an amount equal to the actual
expense incurred by the county in keeping the animal confined shall be deducted from
the sale proceeds as funds payable pursuant to this subsection. Any funds collected
pursuant to this subsection shall be remitted to the police department's animal
impoundment account. No payment made under this subsection shall relieve the owner
from prosecution for violating section 5-28.
(d) Any animal confined pursuant to this section shall be kept for a period of not less
than five (5) days, commencing on the day immediately following the day such animal is
initially confined, unless sooner claimed by its rightful owner or such owner has
surrendered all property rights in such animal, before it may be disposed of. Any animal
whose identity may be readily identified shall be kept for an additional period of five (5)
days or a total of ten (10) days, before it may be disposed of or delivered to an
individual for adoption and payment of all required fees.
(e) A pickup fee of twenty dollars ($20.00) for the first offense, thirty-five dollars
($35.00) for the second offense, and fifty dollars ($50.00) for the third offense shall be
imposed in addition to the normal board fee of ten dollars ($10.00) eight and threo
qU3rters dollars ($8.75) per day when any dog or cat or domestic animal is claimed by
its owner or custodian. All such fees shall constitute a civil debt owning to the county
and may be enforced against such owner or custodian by civil warrant, suit or action at
law or other legal proceeding.
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(f) Feral dogs or cats not bearing identification which exhibits behavior that poses a
risk of physical injury to any person confining the animal will be confined for a period of
not less than three (3) day before being euthanized in accordance with Section 3.1-
796.96 of the Code of Virginia, 1950, as amended.
2. That this ordinance shall be in full force and effect from and after its
passage.
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ACTION NO.
ITEM NO. r -Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
First reading of an ordinance amending Chapter 8.1 "Erosion
and Sediment Control" of the Roanoke County Code to
address steep slope development and other technical
amendments
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge CV'~ He.O~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~~
SUMMARY OF INFORMATION:
This is the first reading of an ordinance to amend Chapter 8.1 "Erosion and Sediment
Control" of the Roanoke County Code to address steep slope development and other
technical amendments.
The Roanoke County Planning Commission and Community Development staff have
prepared amendments to the sections of the County Code that regulate erosion and
sediment control. These amendments establish slope angle and height thresholds for
constructed slopes. Any proposed slopes steeper or higher than the thresholds would
require additional geotechnical engineering investigation, design criteria, and reporting.
Community Development staff researched slope development ordinances from across the
United States and interviewed experts in the fields of geology, civil engineering,
geotechnical engineering and urban planning. To develop the proposed amendments,
staff conducted six work sessions with the Planning Commission and worked with a
committee of experts in the fields of construction, grading contracting, civil engineering and
design, geotechnical engineering, as well as County engineering and planning staff.
i
The Planning Commission passed a resolution in support of these amendments at their
regular meeting on Monday, July 10, 2006. A copy of the resolution is attached for your
review.
The Board of Supervisors reviewed the proposed amendments in work session on July 25,
2006. During the work session, the Board of Supervisors also reviewed additional
amendments that are required by the Virginia Department of Conservation and Recreation
(DCR) as part of the County's recent erosion and sediment control program review. At the
conclusion of the work session, the Board requested staff to prepare an ordinance for
adoption at the August 22,2006 public hearing. The ordinance is attached for your review.
The amendments to the erosion and sediment control code include:
. Limiting the angle of constructed slopes to 2:1 (horizontal:vertical) unless a geotechnical
engineering report is provided for the proposed slopes.
. Limiting the height of constructed slopes to 25 vertical feet, unless a geotechnical report
is provided for the proposed slopes. Constructed slopes with an angle of less than or
equal to 3:1 (horizontal:vertical) would be allowed to exceed 25 vertical feet without a
geotechnical report being required.
. Requiring "as-built" plans for any constructed slopes that required geotechnical
evaluation.
. Requiring soil compaction information on site development plans, and compaction test
results submitted in development files.
. Requiring individual lot grading plans for all new subdivisions.
. Defining "Geotechnical Report" and "Steep Slope"
. Various amendments as required by the Virginia Department of Conservation and
Recreation (OCR) as part of the County's recent Erosion and Sediment Control program
review.
FISCAL IMPACT:
None
ALTERNATIVES:
1. Proceed with the County Code amendments and schedule the second reading of
this ordinance for August 22, 2006.
2. Do not proceed with County Code amendments.
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STAFF RECOMMENDATION:
Staff recommends that the Board approve the first reading of the ordinance and set the
second reading for August 22, 2006.
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A REGULAR MEETING OF THE ROANOKE COUNTY PLANNING COMMISSION,
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MONDAY,
JULY 10, 2006
A RESOLUTION OF THE ROANOKE COUNTY PLANNING COMMISSION
SUPPORTING AMENDMENTS TO CHAPTER 8.1 OF THE ROANOKE COUNTY CODE,
EROSION AND SEDIMENT CONTROL
WHEREAS, in 2005 the Roanoke County Board of Supervisors adopted revisions to the Roanoke
County Community Plan which suggest developing guidelines and regulations for steep slope
development, and
WHEREAS, the Roanoke County Planning Commission included in their 2005 work program of
Community Plan implementation projects a steep slope ordinance, and
WHEREAS, Roanoke County Community Development staff researched slope development
ordinances from across the United States and interviewed experts in the fields of geology, civil
engineering, geotechnical engineering and urban planning, and
WHEREAS, Staff worked with a committee of experts in the fields of construction, grading
contracting, civil engineering and design, geotechnical engineering, as well as planners and engineers
from County staff to review the issues and concepts of slope development, and generate discussion
and ideas about possible Roanoke County code amendments, and
WHEREAS, Staff presented these issues and concepts of slope development, and presented draft
ordinance amendments to the Roanoke County Planning Commission in work sessions in September
2005, and February, March, April, May and June of2006, and
WHEREAS, The Roanoke County Planning Commission has reviewed the research, project
methodology and proposed amendments to the Roanoke County Code, and
BE IT THEREFORE RESOLVED, that the Roanoke County Planning Commission recommends the
attached amendments to Chapter 8.1 of the Roanoke County Code, Erosion and Sediment Control to
the Roanoke County Board of Supervisors for their review and approval.
A COpy TESTE:
~~~
G. Steve Azar, C . an
Roanoke County Planning Commission
~~
J1-scheid, Secretary
Roanoke County Planning Commission
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2006
ORDINANCE AMENDING CHAPTER 8.1 "EROSION AND SEDIMENT
CONTROL" OF THE ROANOKE COUNTY CODE TO ADDRESS STEEP
SLOPE DEVELOPMENT AND OTHER TECHNICAL AMENDMENTS
WHEREAS, in 2005 the Roanoke County Board of Supervisors adopted
revisions to the Roanoke County Community Plan which suggest developing guidelines
and regulations for steep slope development; and
WHEREAS, Roanoke County Community Development staff researched slope
development ordinances from across the United States and interviewed experts in the
fields of geology, civil engineering, geotechnical engineering and urban planning; and
WHEREAS, on July 10, 2006, the Roanoke County Planning Commission
adopted a resolution recommending that the Board of Supervisors adopt these
amendments to Chapter 8.1 of the Roanoke County Code; and
WHEREAS, on July 25, 2006, the Roanoke County Planning Commission and
Board of Supervisors met in work session with County staff to review the proposed
amendments; and
WHEREAS, the first reading of this ordinance was held on August 8, 2006, and
the second reading was held on August 22,2006.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
1. That Chapter 8.1 "Erosion and Sediment Control" be amended to read and
provide as follows:
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[NOTE: Slope Amendments: Yellow Hilghlight
DCR Required Amendments: Strikethrough and
Chapter 8.1
EROSION AND SEDIMENT CONTROL AND STEEP SLOPE DEVELOPMENT
Sec. 8.1-1. Title, purpose and authority.
This chapter shall be known as the "Erosion and Sediment Control and Steep
Slope Development Ordinance of the County of Roanoke, Virginia." The purpose of this
chapter is to conserve the land, water, air and other natural resources of the county by
establishing requirements for the control of erosion and sedimentation, and by
establishingi requirements, fo,!!' devel~opment of s,teep slopes, and by establishing
procedures whereby these requirements shall be administered and enforced.
* * * *
Sec. 8.1-3. Definitions.
As used in this chapter, unless the context requires a different meaning:
Agreement in lieu of a plan means a contract between the plan-approving
authority and the owner which specifies conservation measures which must be
implemented in all construction disturbing between two thousand five hundred (2,500)
square feet and five thousand (5,000) square feet and/or two hundred fifty (250) to five
hundred (500) cubic yards; this contract may be executed by the plan-approving
authority in lieu of a formal site plan.
Applicant means any person submitting an erosion and sediment control plan for
approval or requesting the issuance of a permit, when required, authorizing land-
disturbing activities to commence.
Board means the state soil and water conservation board.
Certified inspector means an employee or agent of a program authority who
holds a certificate of competence from the board in the area of project inspection.
Certified plan reviewer means an employee or agent of a program authority who:
(1) Holds a certificate of competence from the board in the area of plan
review;
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(2) Is licensed as a professional engineer, architect, certified landscape
architect or land surveyor pursuant to article 1 (Code of Virginia, S 54.1-
400 et seq.) of chapter 4 of title 54.1.
Certified program administrator means an employee or agent of a program
authority who holds a certificate of competence from the board in the area of program
administration.
Clearing means any activity which removes the vegetative ground cover
including, but not limited to, root mat removal or top soil removal.
Conservation plan, erosion and sediment control plan or plan means a document
containing material for the conservation of soil and water resources of a unit or group of
units of land. It may include appropriate maps, an appropriate soil and water plan
inventory, and management information with needed interpretations and a record of
decisions contributing to conservation treatment. The plan shall contain all major
conservation decisions to assure that the entire unit or units of land will be so treated to
achieve the conservation objectives.
County means the County of Roanoke.
Denuded means a term applied to land that has been physically disturbed and no
longer supports vegetative cover.
Department means the department of conservation and recreation.
Development means a tract of land developed or to be developed as a single unit
under single ownership or unified control which is to be used for any business or
industrial purpose or is to contain three (3) or more residential dwelling units.
Director means the director of community development or his assignee.
District or soil and water conservation district refers to the Blue Ridge Soil and
Water Conservation District.
Dormant refers to denuded land that is not actively being brought to a desired
grade or condition.
Erosion impact area means an area of land not associated with current land
disturbing activity but subject to persistent soil erosion resulting in the delivery of
sediment onto neighboring properties or into state waters. This definition shall not apply
to any lot or parcel of land of ten thousand (10,000) square feet or less used for
residential purposes.
Excavating means any digging, scooping or other methods of removing earth
materials.
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Filling means any depositing or stockpiling of earth materials.
Geotechnical Report means a report provided at the applicant's expense,
pr,epared and by a Professional! Engineer, that communicates site conditions,
and recommends desigln and construction methods.,
(1) The Geotechnical Report shaU include any or a.1I of the following basic
information, as determined by the Professional Engineer:
a) Summary of all subsurface exploration data, i!ndudingl subsurface soil
profile" exploration logs, I!aboratory or in situ test resulls, and ground
water i!nformation;
b) Interpretation and anallysis of the subsurfa.ce data;
c) Specific engineering recommendations for design;
d) Discussion of conditions for solution of anticipated problems; and
e) Recommended geotechn!ical special provisions.
(2) For guidance in investigating site conditions and preparing geotechnical
reports, the Professional Engineer may re~er to all appllicable sections of:
"Checklist and Guidelines for Rev!lew of Geotechnical Reports and
Preliminary Plans and Specifications", US Department of Tr,ansportation,
Federall Highway Administration Publication No. FHWA ED-88-053, as
amended.
(3) The Geotechnical Report shall be submitted to the plan-approving
authority and included in site development files prior to issuance of a land
disturbing permit.
Grading means any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
Land-disturbing activity means any land change which may result in soil erosion
from water or wind and the movement of sediments into state waters or onto lands in
the commonwealth, including, but not limited to, clearing, grading, excavating,
transporting and filling of land, except that the term shall not include:
(1) Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
(2) Individual service connections;
(3) Installation, maintenance, or repairs of any underground public utility lines
when such activity occurs on an existing hard-surfaced road, street or
sidewalk provided such land-disturbing activity is confined to the area of
the road, street or sidewalk which is hard-surfaced;
4
(4) Septic tank lines or drainage fields unless included in an overall plan for
land-disturbing activity relating to construction of the building to be served
by the septic tank system;
(5) Surface or deep mining;
(6) Exploration or drilling for oil and gas including the well site, roads, feeder
lines, and off-site disposal areas;
(7) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops,
or livestock feedlot operations; including engineering operations as
follows: construction of terraces, terrace outlets, check dams, desilting
basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage, and land irrigation; however,
this exception shall not apply to harvesting of forest crops unless the area
on which harvesting occurs is reforested artificially or naturally in
accordance with the provisions of chapter 11 (Code of Virginia ~ 10.1-
1100 et seq.) of this title or is converted to bona fide agricultural or
improved pasture use as described in subsection B of Code of Virginia ~
10.1-1163;
(8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
(9) Agricultural engineering operations including but not limited to the
construction of terraces, terrace outlets, check dams, desilting basins,
dikes, ponds not required to comply with the Dam Safety Act, article 2 (~
10.1-604 et seq.) of chapter 6 of the Code of Virginia, ditches, strip
cropping, lister furrowing, contour cultivating, contour furrowing, land
drainage, and land irrigation;
(10) Disturbed land areas for all uses of less than two thousand five hundred
(2,500) square feet and/or less than two hundred fifty (250) cubic yards in
size;
(11) Installation of fence and sign posts or telephone and electric poles and
other kinds of posts or poles;
(12) Emergency work to protect life, limb or property, and emergency repairs;
provided that if the land- disturbing activity would have required an
approved erosion and sediment control plan, if the activity were not an
emergency, then the land area disturbed shall be shaped and stabilized in
accordance with the requirements of the plan-approving authority.
5
Land disturbing permit means a permit issued by the county for the clearing,
filling, excavating, grading, transporting of land or for any combination thereof or for any
purpose set forth herein.
Local erosion and sediment control program or program means an outline of the
various methods employed by the county to regulate land-disturbing activities and
thereby minimize erosion and sedimentation in compliance with the state program and
may include such items as local ordinances, policies and guidelines, technical materials,
inspection, enforcement, and evaluation.
Owner means the owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in control of a property.
Permittee means the person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved erosion and sediment
control plan will be followed.
Person means any individual, partnership, firm, association, joint venture, public
or private corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, county, city, town or other political subdivision of the commonwealth,
any interstate body, or any other legal entity.
Plan-approving authority means the department of community development
which is responsible for determining the adequacy of a conservation plan submitted for
land-disturbing activities on a unit or units of lands and for approving plans.
Post-development refers to conditions that may be reasonably expected or
anticipated to exist after completion of the land development activity on a specific site or
tract of land.
Pre-development refers to conditions at the time the erosion and sediment
control plan is submitted to the plan-approving authority. Where phased development or
plan approval occurs (preliminary grading, roads and utilities, etc.), the existing
conditions at the time the erosion and sediment control plan for the initial phase is
submitted for approval shall establish pre-development conditions.
Program authority means the county which has adopted a soil erosion and
sediment control program approved by the board.
Responsible land disturber means an individual from the project or development
team, who will be in charge of and responsible for carrying out a land-disturbing activity
covered by an approved plan or agreement in lieu of a plan, who:
(1) Holds a responsible land disturber certificate of competence;
6
(2) Holds a current certificate of competence from the board in the areas of
combined administration, program administration, inspection or plan
review;
(3) Holds a current contractor certificate of competence for erosion and
sediment control; or
(4) Is licensed in state as a professional engineer, architect, certified
landscape architect or land surveyor pursuant to article 1 (S 54.1-400 et
seq.) of chapter 4 of title 54.1.
Single-family residence means a noncommercial dwelling that IS occupied
exclusively by one family.
Steep slope means a slope greater than 3:1, or 33.3%.
Stabilized means an area that can be expected to withstand normal exposure to
atmospheric conditions without incurring erosion damage.
State waters means all waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdictions.
Town means the incorporated Town of Vinton.
Transporting means any moving of earth materials from one place to another
place other than such movement incidental to grading, when such movement results in
destroying the vegetative ground cover either by tracking or the buildup of earth
materials to the extent that erosion and sedimentation will result from the soil or earth
materials over which such transporting occurs.
(Ord. No. 012704-9, S 2, 1-27-04)
* * * *
Sec. 8.1-6. Regulated land-disturbing activities; submission and approval of
plans; contents of plans.
(a) Except ::lS provided herein, no person sh::lll eng::lge in ::lny bnd disturbing
:::lcti'lity until ho h:::lc submitted to the department of community development for the
county one (1) of the following for tho l::lnd disturbing activity and it ha.s boon approvod
by the pbn a.pproving authority.
7
(1) Where the land-disturbing activity results in between two thousand five
hundred (2,500) square feet and five thousand (5,000) square feet and/or
two hundred fifty (250) to five hundred (500) cubic yards of disturbed area,
an "agreement in lieu of a plan" may be substituted for an erosion and
sediment control plan if executed by the plan-approving authority.
(2) Where the land-disturbing activity results in between five thousand (5,000)
square feet and ten thousand (10,000) square feet and/or five hundred
(500) to seven hundred fifty (750) cubic yards of disturbed area, either a
plot plan prepared by a certified responsible land disturber or an
engineered plan prepared by a professional engineer showing the erosion
and sediment control measures must be submitted and executed by the
plan-approving authority. A certified responsible land disturber must be
named.
(3) Where the land-disturbing activity results in ten thousand (10,000) square
feet or more and/or seven hundred fifty (750) cubic yards or more of
disturbed area, an erosion and sediment control plan must be submitted
which has been prepared by a professional engineer. For disturbed areas
of less than ten thousand (10,000) square feet, refer to the chart below to
determine requirements for the site.
Square Feet And/Or Cubic Yards Requirements
<2,500 0 Exempt from E&S Plan; *building permit plot plan required
2,500--5,000 250--500 "Agreement in Lieu" of a plan; permit fee; *building permit plot
plan required
5,000--10,000 500--750 Certified RLO, *building permit plot plan by a certified RLO or a
P.E.; permit fee
>10,000 >750 RLO, Erosion and sediment control plan prepared by a P.E.;
agreement: surety; a *building permit plot plan, if required by
the buildinq commissioner
(b) *Refer to the Virginia Uniform Statewide Building Code for Building Permit
Plot Plan Requirements.
(c) If lots in a subdivision are sold to another owner, that person is
responsible for obtaining a certified responsible land disturber and submitting a plot plan
for each lot to obtain an erosion and sediment control permit.
(d) The standards contained with the "Virginia Erosion and Sediment Control
Regulations," and The Virginia Erosion and Sediment Control Handbook and those
more stringent local stormwater management criteria which the Board of Supervisors of
the County, may adopt by resolution and incorporate into the manual of regulations and
8
policies entitled "Design and Construction Standards Manual" are to be used by the
applicant when making a submittal under the provisions of this chapter and in the
preparation of an erosion and sediment control plan. In cases where one standard
conflicts with another, the more stringent applies. The plan approving authority, in
considering the adequacy of a submitted plan, shall be guided by the same standards,
regulations and guidelines.
(e) The plan approving authority shall grant written approval within 45 days of
the receipt of the plan, if it is determined that the plan meets the requirements of the
local control program, and if the person responsible for carrying out the plan certifies
that he or she will properly perform the erosion and sediment control measures included
in the plan and will conform to the provisions of this chapter.
When the plan is determined to be inadequate, written notice of disapproval stating the
specific reasons for disapproval shall be communicated to the applicant within forty-five
(45) days. The notice shall specify the modifications, terms and conditions that will
permit approval of the plan. If no action is taken by the plan-approving authority within
the time specified above, the plan shall be deemed approved and the person authorized
to proceed with the proposed activity.
(f) Responsible land disturber requirement. As a prerequisite to engaging in
the land-disturbing activities shown on the approved plan, the person responsible for
carrying out the plan shall provide the name of an individual holding a certificate of
competence, to the program authority, as provided by section 10.1-561, of the Virginia
Erosion and Sediment Control Law, who will be in charge of and responsible for
carrying out the land-disturbing activity (the responsible land disturber). Failure to
provide the name of an individual holding a certificate of competence prior to engaging
in land-disturbing activities may result in revocation of the approval of the plan and the
person responsible for carrying out the plan shall be subject to the penalties provided in
this chapter.
However, the plan-approving authority may waive the certificate of competence for an
"Agreement in Lieu of a Plan" for construction of a single-family residence meeting the
requirements in 8.1-3(t)(10) of this chapter. If a violation occurs during the land-
disturbing activity, then the person responsible for carrying out the "Agreement in Lieu
of a Plan" shall correct the violation and provide the name of an individual holding a
certificate of competence, as provided by section 10.1-561 of the Virginia Erosion and
Sediment Control Law. Failure to provide the name of an individual holding a certificate
of competence shall be a violation of this chapter and may result in penalties provided in
this chapter.
(g) An approved plan may be changed by the plan approving authority when:
9
(1) The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2) The person responsible for carrying out the plan finds that because of
changed circumstances or for other reasons the approved plan cannot be
effectively carried out, and proposed amendments to the plan, consistent
with the requirements of this chapter, are agreed to by the plan approving
authority and the person responsible for carrying out the plan.
(h) In order to prevent further erosion, the county may require approval of a
conservation plan for any land identified in the local program as an erosion impact area.
(i) When land-disturbing activity will be required of a contractor performing
construction work pursuant to a construction contract, the preparation, submission, and
approval of an erosion control plan shall be the responsibility of the owner.
U) 'Nhenever electric :md telephono utility companies or railroad companies
undertake any of tho activities included in subdivisions (1) and (2) of this subsoction,
they shall be considored oxompt from the provisions of this chaptor. 1::llectric,
(1) Construction, installation or maintenance of electric transmission, natural
gas and telephone utility lines, and pipelines; and
(2) Construction of the tracks, rights-of-way, bridges, communication facilities
and other related structures and facilities of the railroad company.
The board shall have 60 days in which to approvo tho specifications. If not action
is taken by the board within 60 days, the cpecifications shall be deemed
approved. Indi'/idual approval of cepaF::l.te projects '1:ithin subdivisions (1) and (2)
of this subsection is not necessary when approved specifications are followed.
Projectc not included in cubdi':isionc (1) and (2) of this subsection shall comply
with tho roquiremonts of the appropriate local erosion and sediment control
program. Tho board shall have the authority to onforce approved spocificationc.
I 1
10
(k) State agency projects are exempt from the provisions of this chapter,
pursuant to Code of Virginia, ~ 10.1-564.
(I) If the grade of a site is more than thirty-three and one-third (33.3) percent,
refer to the International Building Code for steep slope development requirements.
(Ord. No. 012704-9, ~ 2, 1-27-04)
(m) Cut or fill shall not be greater than 2:1 (horizontal:vertical),
unless ag:eotedmical report is provided for the proposed slopes.
(n) Cut or fill shalel not be greater than 25 vertical fe:et in height,
unless a report is provided for the proposed slopes.. Cut slopes or fill
slopes than or equal to 3:1 (horizontal:vertical) may exceed 25 vertical feet in
height and shalll not require a geotechnical report.
(0) For any cut or fill slopes 'greater than or equal to 2:1
(horizQntal:vertical) and greater than or e!qua.1 to 25 vertical feet in height, as,.built plans
showing that the finished 'geometry is ilh substantial conformity with the design shall be
provided to the plan-approving authority.
(p) Fill materials, compaction methods and density speclficatiions shalll be
indicated on the site development plans. Fill areas intended to support structures shall
also be indicated on the sit,e develi.opment plans. Compaction test results (per VDOT
standards) shall be submitted to the plan approving authoriity.
(q) Development plans for alii new subdivisiions shaU show proposed lot
grades to ensure positive drainage..
Sec. 8.1-8. Monitoring, reports, and inspections.
(a) The County may require the person responsible for carrying out the plan
and/or the responsible land disturber to monitor and maintain the land-disturbing
activity. The responsible land disturber will maintain records of these inspections and
maintenance, to ensure compliance with the approved plan and to determine whether
the measures required in the plan are effective in controlling erosion and sedimentation.
11
responsible land disturber by registered or certified mail to the address specified in the
permit application or in the plan certification, or by delivery at the site of the land-
disturbing activities to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify
the time within which such measures shall be completed. Upon failure to comply within
the specified time, the permit may be revoked and the permittee shall be deemed to be
in violation of this chapter and, upon conviction, shall be subject to the penalties
provided by this chapter.
(c) Upon determination of a violation of this chapter, the Director of
Community Development or his assignee may, in conjunction with or subsequent to a
notice to comply as specified in this chapter, issue an order requiring that all or part of
the land-disturbing activities permitted on the site be stopped until the specified
corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan or proper
permits, the director of community development or his assignee may, in conjunction with
or subsequent to a notice to comply as specified in this chapter, issue an order requiring
that all of the land-disturbing and/or construction activities be stopped until an approved
plan or any required permits are obtained. Failure to comply will result in civil penalties
as outlined in section 8.1-9 of this chapter.
Where the alleged noncompliance is causing or IS In imminent danger of causing
harmful erosion of lands or sediment deposition in waters within the watersheds of the
commonwealth, or where the land-disturbing activities have commenced without an
approved plan or any required permits, such an order may be issued without regard to
whether the permittee has been issued a notice to comply as specified in this chapter.
Otherwise, such an order may be issued only after the permittee has failed to comply
with such a notice to comply. The order shall be served in the same manner as a notice
to comply, and shall remain in effect for a period of seven (7) days from the date of
service pending application by the enforcing authority or permit holder for appropriate
relief to the Circuit Court.
If the alleged violator has not obtained an approved plan or any required permits within
seven (7) days from the date of service of the order, the Director of Community
Development or his assignee may issue an order to the owner requiring that all
construction and other work on the site, other than corrective measures, be stopped
until an approved plan and any required permits have been obtained. Such an order
shall be served upon the owner by registered or certified mail to the address specified in
the permit application or the land records of the County.
The owner may appeal the issuance of an order to the Circuit Court of the County. Any
person violating or failing, neglecting or refusing to obey an order issued by the director
of community development or his assignee may be compelled in a proceeding instituted
in the circuit court of the county to obey same and to comply therewith by injunction,
12
mandamus or other appropriate remedy. Upon completion and approval of corrective
action or obtaining an approved plan or any required permits, the order shall
immediately be lifted. Nothing in this section shall prevent the director of community
development or his assignee from taking any other action authorized by this chapter.
* * * *
2. That this ordinance shall be in full force and effect from and after
November 1, 2006, and that this effective date shall apply to development plans which
have been accepted for review by the Community Development Department prior to
November 1, 2006; provided said plans in the review process receive final approval by
the County within sixty (60) days of November 1, 2006.
13
ACTION NO.
ITEM NO. F --3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
First reading of an ordinance authorizing conveyance of an
easement to Appalachian Power Company on property owned
by the Roanoke County Board of Supervisors, "Goode Park", to
provide electric service for KTP, LLC, Vinton Magisterial
District
SUBMITTED BY:
Pete Haislip
Director of Parks, Recreation and Tourism
APPROVED BY:
Elmer C. Hodge (II
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
KTP, LLC, via Appalachian Power Company, is requesting that the Board of Supervisors
convey the following easement for the purpose of extending electrical service across
property owned by the County at Goode Park to the previously approved mini-storage
facility currently under construction by KTP,LLC:
A new 10' wide electric easement containing 200 sq. ft. across property
owned by the County at Goode Park and designated as Tax Map No.
061.01.01.03
Staff has met on site and has approved the easement location as identified on the attached
plat. In addition, Appalachian Power Company and KTP, LLC, have reviewed this proposal
and have indicated that they will accept this conveyance for purposes of this development.
Staff, utilizing the Roanoke County standard formula of 40% of assessed value of the
easement requested (200 sq. ft.), has determined the fair market value of this easement is
$60.00.
FISCAL IMPACT:
The fair market value of this easement is $60.00. These funds will be placed in the Parks
and Recreation capital maintenance fund to be used for improvements at Goode Park.
ALTERNATIVES:
1. Authorize the conveyance of an easement to KTP, LLC for the purpose of the extension
of electrical service across property owned by the County at Goode Park and
appropriate fair market value payment of $60.00 to the Parks and Recreation capital
maintenance fund.
2. Do not authorize the conveyance of the easement.
STAFF RECOMMENDATION:
Staff recommends Alternative 1, authorize the conveyance of an easement to KTP, LLC for
the purpose of the extension of electrical service across property owned by the County at
Goode Park and appropriate fair market value payment of $60.00 to the Parks and
Recreation capital maintenance fund.
2
f=-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, AUGUST 8, 2006
ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO
APPALACHIAN POWER COMPANY ON PROPERTY OWNED BY THE
ROANOKE COUNTY BOARD OF SUPERVISORS, "GOODE PARK" (TAX
MAP NO. 61.01-1-3) TO PROVIDE ELECTRIC SERVICE FOR KTP, LLC,
VINTON MAGISTERIAL DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a
parcel of land containing 15.69 acres off Goode Park Road in the Town of Vinton
designated on the Roanoke County Land Records as Tax Map No. 61.01-1-3 and known as
"Goode Park"; and
WHEREAS, KTP, LLC, a mini storage facility, has requested the conveyance of an
easement across this property to provide for the extension of electrical service to their
property which is adjacent Goode Park; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on August 8, 2006;
and the second reading was held on August 22, 2006.
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 interests in real estate to be conveyed are hereby declared to be surplus, and
are hereby made available for other public uses by conveyance to Appalachian Power
Company for the extension of electric service to the mini storage facility of KTP, LLC.
. ".
2. That conveyance to Appalachian Power Company of the easement shown
and described as "Proposed New Pole and Proposed 10' Easement" on a plat entitled
"Proposed Right of Way on the Property of the Board of Supervisors of Roanoke County"
prepared by Appalachian Power Company, dated 5/15/06, a copy of which is attached
hereto as Exhibit A, is hereby authorized and approved.
3. That the County Administrator, or any assistant county administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
2
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ACTION NO.
H-' --3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Diane S. Childers, CMC
Clerk to the Board
APPROVED BY:
Elmer C. Hodge {If
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Capital Improvement Program (CIP) Review Committee (Appointed by District)
The following one-year terms will expire on August 31,2006: King Harvey, Catawba
District; James T. Anderson, Cave Spring District; Jason B. Perdue, Hollins District;
Erica Kuelz, Vinton District; and Brian Garber, Windsor Hills District.
At the Board meeting on July 25, 2006, Supervisor McNamara requested that Mr.
Garber be contacted to determine if he was willing to serve an additional term. Mr.
Garber advised that he would like to serve another term and confirmation of his
appointment has been placed on the consent agenda.
2. Economic Development Authority
The four-year terms of Craig W. Sharp and Allan Robinson, Jr. will expire September
26,2006.
3. Parks, Recreation, and Tourism Advisory Commission (Appointed by District)
Mr. Terry Harrington, Hollins Magisterial District, resigned from the Commission on May
18,2006. This three-year term will expire on June 30, 2007.
I '-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2006
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for August 8,
2006, designated as Item I - 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 - July 25, 2006
2. Confirmation of committee appointment
3. Resolution of appreciation to Richard Braford, Police Department, upon his
retirement after twenty-six years of service
4. Request from the schools to accept and appropriate state awards and grants
totaling $123,790
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.
1
ACTION NO.
ITEM NO.
T-Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August8,2006
AGENDA ITEM:
Confirmation of committee appointment
SUBMITTED BY:
Diane S. Childers, CMC
Clerk to the Board
APPROVED BY:
Elmer C. Hodge [If
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Capital Improvement Program (CIP) Review Committee (Appointed by District)
The one-year term of Brian Garber, Windsor Hills Magisterial District, will expire on
August 31, 2006. At the Board meeting on July 25, 2006, Supervisor McNamara
requested that Mr. Garber be contacted to determine if he was willing to serve an
additional term. Mr. Garber advised that he would like to serve another term and
confirmation of his appointment has been placed on the consent agenda.
ACTION NO.
L:3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August8,2006
AGENDA ITEM:
Resolution of appreciation to Richard Braford, Police
Department, upon his retirement after twenty-six years of
service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge E()
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Sergeant Braford retired on August 1, 2006, after twenty-six years of service in the Police
Department. He has advised that he is unable to attend a Board meeting and requested
that his resolution be mailed.
STAFF RECOMMENDATION:
It is recommended that the Board approve the attached resolution and direct the Deputy
Clerk to mail it to Mr. Braford with the appreciation of the Board members for his many
years of service to the County.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, AUGUST 8, 2006
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO RICHARD BRAFORD,
POLICE DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY-SIX
YEARS OF SERVICE
WHEREAS, Richard Braford was first employed by Roanoke County on August 6,
1980, as a Deputy Sheriff in the Sheriff's Office; and
WHEREAS, Sergeant Braford remained with the Police Department when the
change was made to separate law enforcement functions from the Sheriff's Office in 1990;
and
WHEREAS, Sergeant Braford was a patrol officer during his entire career with
Roanoke County and was promoted to Sergeant in 1992; and
WHEREAS, Sergeant Braford retired from Roanoke County on August 1,2006, after
twenty-six years of service; and
WHEREAS, Sergeant Braford was a dedicated law enforcement officer who was
loyal to the department and his subordinates and was well liked and respected by his
officers; and
WHEREAS, the public safety of Roanoke County citizens is assured by dedicated
employees such as Sergeant Braford; and
WHEREAS, Sergeant Braford, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to RICHARD BRAFORD for twenty-six 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.
2
ACTION NO.
u
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
Request from the schools to accept and appropriate state
awards and grants totaling $123,790
Elmer C. Hodge t f(
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
Roanoke County Schools requests that the Board accept and appropriate the following
funds:
1. William Byrd Middle and Glenvar Middle schools were recognized as Title I
Distinguished Schools for 2004-2005. Clearbrook Elementary was recognized as a
Title I Distinguished School for the 2005-2006 school year. Each school will be
awarded $8,500 from the state to be utilized to support professional development. The
school division will be awarded a total of $25,500 on a cost reimbursement basis for
expenditures incurred by September 30,2007.
2. The Virginia Tobacco Settlement offers funds with the intent of reducing the use of
tobacco and drugs by our youth. This is the fifth year that Roanoke County Schools has
been awarded the grant. The grant pays one-half of the annual salaries of three full-
time elementary student assistant program professionals and the school division pays
the remainder. The grant for 2006-2007 is $69,318. The match by the school division
is $34,084.
3. Special education students require various pieces of technology to facilitate mobility,
communication and academics adapted to meet specific needs such as augmentative
communication divisions, text to speech software, expanded keyboards, etc. School
divisions were granted additional funding to increase, maintain, or improve the
functional or academic capabilities of students with disabilities. Roanoke County will
receive $28,972 for Assistive Technology.
FISCAL IMPACT:
1. The Title I budget will be increased by $25,500.
2. The student assistance program budget will be increased by $69,318.
3. The special education budget will be increased by $28,972.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of funds in the amount of $123,790 as
outlined above.
N~I
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
% of General
Amount
Unaudited Balance at June 30, 2006
$13,261,742
8.07%
13,261,742
8.07%
Balance at August 8, 2006
Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General
Fund Unappropriated Balance for 2006-07 at a range of 8%-9% of General Fund Revenues
2006 - 2007 General Fund Revenue $164,315,790
8% of General Fund Revenues $13,145,263
9% of General Fund Revenues $14,788,421
Submitted By
Rebecca E. Owens
Director of Finance
Elmer C. Hodge c: j{
County Administrator
Approved By
0'-2
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Unaudited Balance at June 30, 2006
Amount
$5,834,217.50
Balance at August 8, 2006
$5,834,217.50
$5,000,000 of this reserve is being used to upgrade Public Safety Radio System
Maior County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited Balance at June 30, 2006
$679,628.00
2006-07 Capital Improvements Program-New County Garage
(500,000.00)
Balance at August 8, 2006
$179,628.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge
County Administrator
m-3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2006
Amount
$ 23,297.00
From 2006-2007 Original Budget
100,000.00
July 11, 2006
Appropriation to hire County Gypsy Moth Program, Inc.
to serve as the Gypsy Moth Coordinator
($10,000.00)
July 11, 2006
Appropriation for Legislative Liaison
($18,000.00)
Balance at August 8, 2006
$ 95,297.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge (/I
County Administrator
FUTURE DEBT PAYMENT RESERVE
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2006
FY 2006-2007 Original budget appropriation
Less increase in debt service
Add Economic Development Dropoff
FY 2006-2007 Annual Capital Contribution
County
Schools
Balance at August 8, 2006
2,000,000
(3,079,903)
811,000
600,000
600,000
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge C' f{
County Administrator
(Y\-~
$ 5,941,772
(268,903)
1,200,000
$ 6,872,869
ACTION NO.
ITEM NO. 0- \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August8,2006
Work session to report on site visits to multi-generational
facilities in St. Louis and to discuss the status of the Parks,
Recreation and Tourism Master Plan draft report
AGENDA ITEM:
SUBMITTED BY:
Pete Haislip
Director of Parks, Recreation and Tourism
Elmer C. Hodge Ell
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
The recent trip to St. Louis was very successful, and we appreciate the Town of Vinton's
participation in these site visits. We visited a variety of facilities, some of which were stand
alone facilities and others which were combination facilities with either a school or library.
At the work session, staff will share with the Board photographs and reports regarding the
various facilities. We would like to then allow discussion from the Board regarding the
future direction for this type of project.
SUMMARY OF INFORMATION:
This time has been set aside to report on the tour of multi-generational facilities in St. Louis;
to provide an update on the draft master plan report to be presented in work session on
August 22, 2006; and for discussion on how to proceed with parks and recreation projects.
On July 31 through August 2, site visits to five multi-generational centers located in the
suburbs of St. Louis were conducted. Participants in the tours included Board of
Supervisors Members Joe McNamara, Richard Flora, Mike Altizer, and Mike Wray; County
Administrator Elmer Hodge; Parks, Recreation and Tourism staff representatives Pete
Haislip and Marcus Ordonez; and Vinton Town Manager Kevin Boggess. The facilities
visited included the following: River Chase, City of Fenton; The Lodge, City of Des
Desperes; Clayton Recreation Center, City of Clayton; The Spirit Center, City of Fallon; and
The Liberty Recreation Center and Library, Richmond Heights. The tour was lead by Leon
Younger of PROS Consulting. These facilities were representative of different levels of
multi-generational centers with varying degrees of state-of-the-art design and program
components. Construction costs ranged from $9 million to $27 million with square footages
from 64,000 to 100,000 plus square feet. These tours provided a great opportunity to view
different types of facilities and to discuss with local municipal owner/operators the value
these types of facilities have had on each individual community.
On August 22, 2006, Leon Younger of PROS, Consulting will meet in work session with the
Board to present the draft recommendations for the Parks, Recreation and Tourism Master
Plan. This draft will focus on recommendations for recreation facilities, programs, and
operations as well as key strategies for land needs and acquisitions.
ACTION NO.
ITEM NO. ()-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
AGENDA ITEM:
Work session to discuss the status of the Slate Hill
development
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge c tI
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This is an opportunity for County staff, VDOT, and Integra Development to discuss the
development of Slate Hill with the Board of Supervisors. Staff will briefly review with the
Board the County's development procedures as well as State and County ordinances
associated with this development. Staff will then present an overview of the project and
discuss outstanding issues to be addressed.
Integra Development also plans to discuss with the Board their current and future plans for
developing the property.
ACTION NO.
ITEM NO.
o-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
August 8, 2006
Work session to provide an update regarding Roanoke
County's Stormwater Management Program
AGENDA ITEM:
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge t (J
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Staff will present an overview of the Stormwater Management Program. The work session
will consist of the following:
. Overview of Stormwater Management Program
. Floodplain Management
. Environmental ComplianceNPDES Permit
. Review project list
STAFF RECOMMENDATION:
Staff recommends that the new priority list of drainage projects be adopted at the Roanoke
County Board of Supervisors meeting on August 22,2006.
Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, AUGUST 8,2006
RESOLUTION 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.