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HomeMy WebLinkAbout5/24/1994 - Adopted Board RecordsA-52494-1 Item No. :D— 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: May 24, 1994 AGENDA ITEM: Request for Use of septic system for Virginia's Explore COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: Capital Funds for the water and the Regional Visitors Center at Park. Virginia's Explore Park opens to the public on July 2nd. Explore is working with the Roanoke Valley Convention and Visitors Center to provide a Regional Visitors Center at the entrance to the Park. The Regional Visitors Center will be accessible from the Blue Ridge Parkway at milepost 115, the entrance to Explore, and will provide Park and Parkway travelers with information on nearby and regional services and attractions. Explore anticipates about 25,000 Park visitors during its first year of operation. As many as 2-3 times the number of Park visitors are expected to stop at the Regional Visitors Center. The total construction cost for the 2,000 square foot building is $67,000. A well and septic system, estimated at $10,000, are needed for the Regional Visitors Center. Dr. Cutler has contacted the County to ask for funding to install the well and septic tank. Staff recommends that Roanoke County pay for 75% of the actual well and septic system cost, up to $7,500, with funds from the capital reserve fund. FISCAL IMPACT: Funds in an amount up to $7,500 are available in the Capital Reserve Fund. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize use of the Capital Reserve Fund in the amount of up to $7,500 to be matched by Virginia's Explore Park for the remaining 25% of actual well and septic costs for the Regional Visitor Center. .1I Respectfully submitted: Approved: Cc 7Economic y a W. Waugh Elmer C. Hodge Development Specialist County Administrator ---------------------------------------------------------------- ACTION No Yes Abs Approved Denied Received Referred to cc: File Joyce W. Diane D. ( x) Motion by: Harry Ni _k ns ( ) to approve staff ( ) recommendation Waugh, Economic Dev Specialist Hyatt, Director, Finance Eddy x Johnson x Kohinke x Minnix x Nickens x A-52494-2 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Renewal of Dental Insurance Effective July 1, 1994 COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. SUMMARY OF INFORMATION: The County offers basic dental insurance for County employees and School employees. During the 1993-94 fiscal year, the School employees chose to add coverage for caps and crowns at the employees' expense. The School employees have been very pleased with this coverage during the fiscal year. Because of the way dental insurance is structured, the County must choose one level of coverage to offer to all employees. Employees are not allowed to pick and choose among basic coverage, caps and crowns, and orthodontics. A survey was conducted of the County employees (see Attachment A) to determine the desired level of coverage. Based upon this survey, the Health Insurance Committee has agreed that we should add caps and crowns coverage to our basic dental insurance policy. This increase in coverage will be paid for entirely by the County employees. There is a slight increase in the basic premium for the School and County employees which will be picked up by the County. FISCAL IMPACT: The increase in the basic premium dental insurance rate effective July 1, 1994 for the School and County employees has been included in the 1994-95 fiscal year budget. The additional premium to add the caps and crowns coverage will be paid for by the County employees and as such will have no impact on the County budget. STAFF RECOMMENDATION: Staff recommends approving the dental insurance renewal rates as shown on Attachment B. Respectfully submitted, Diane D. Hyatt Director of Finance Approved by, Elmer C. Hodge County Administrator cc: File Diane D. Hyatt, Director, Finance D. Keith Cook, Director, Human Resources ACTION VOTE Approved Motion by: Harry C. Nickens No Yes Abs Denied () to approve staff Eddy Received () recommendation Johnson x _ Referred () Kohinke x _ To () Minnix _ x _ Nickens _ x cc: File Diane D. Hyatt, Director, Finance D. Keith Cook, Director, Human Resources Attachment A v-1 D. K. Cook, Director Department of Human Resources RE: DENTAL INSURANCE COVERAGE SURVEY May 3, 1994 607 Delta Dental participants as of April 1, 1994 billing per Payroll. (Survey distributed April 8, 1994) NUMBER SURVEYED=696 NUMBER RETURNED=388 PERCENT OF RETURN=56% PERCENT NUMBER RETURNED 3701 I would be interested in adding 143 caps and crowns to our current dental plan. 3506 I would be interested in adding 136 caps, crowns and orthodontics to our current dental plan. 2401 I would not be interested in 92 adding any additional coverage to our current dental plan. PLUS (18 included in # returned but not in choice percentage) 9 Multiple Responses 8 Not Enrolled in Current Plan/No Response/Comments as M OM O N as ll' o00 ++ O y �w 110 It kn 00 C) .. ON000 a ss� ON CL a O t4l) 00 "T N kn W 0 0 V) M M www 69 UU000 ' 00 IC m CD m .� .� 'T O O N S tt O Vl M M N 01 00 to N O-1 00 www v m a �-i v M OM O N gyp+ ll' o00 ++ ++ �w 00� .. ON000 a ss� ON q I- cqN�cliN W 0 0 V) M M www M�O[� UU000 Doo 00 IC m CD C .� .� 'T O O N S tt O Vl M M N 01 00 to N O-1 00 www v a 69 a �-i v �w �w ++ ++ �w 00� .. ON000 a `^000 ON CLa I- cqN�cliN W a www www 0 Doo a �-i v �w �w .. M O Itt M O CLa I- cqN�cliN W x b4 Doo 00 IC m CD C O p„i O N S tt O www www v a a O "R � O N O0 I kn N N no --� N IO — N �o I M M V7 M M M�OI� M11Ot� 69 ,It It V1 M M V1 C� I .-- 00 k N ON 00 no �w �w x X00 Doo www www v AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 ORDINANCE 52494-3 REPEALING CHAPTER 8, EROSION AND SEDIMENT CONTROL, OF THE ROANOKE COUNTY CODE AND ADOPTING A NEW CHAPTER 8.11 EROSION AND SEDIMENT CONTROL WHEREAS, the adoption of a local erosion and sediment control program is authorized by the provisions of Article 4, Chapter 5, Title 10.1 of the 1950 Code of Virginia, as amended. WHEREAS, the first reading of this ordinance was held on May 10, 1994; the second reading and public hearing was held on May 24, 1994; and NOW THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the provisions of Chapter 8, Erosion and Sediment Control, of the Roanoke County Code are hereby repealed in their entirety. 2. That a new Chapter 8.1, Erosion and Sediment Control, be adopted to read and provide as follows: CHAPTER 8.1 EROSION AND SEDIMENT CONTROL Section 8.1-1 TITLE AND PURPOSE. This ordinance shall be known as the "Erosion and Sediment Control Ordinance of the County of Roanoke." The purpose of this chapter is to conserve the land, water, air and other natural resources of the County of Roanoke by establishing requirements for the control of erosion and sedimentation, and by establishing procedures whereby these requirements shall be administered and enforced. Section 8.1-2 APPLICABILITY OF CHAPTER IN TOWN OF VINTON The provisions of this chapter shall be applicable within the corporate limits of the Town of Vinton. Administrative 1 procedures and review fees may be established to accommodate the review of plans for development located within the town. Section 8.1-3 DEFINITIONS: As used in the ordinance, 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 the construction of a single-family residence; 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 Virginia Soil and Water Conservation Board. "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 or more residential dwelling units. "Director" means the Director of Engineering & Inspections. 2 "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 10,000 square feet or less used for residential purposes. "Excavating" means any digging, scooping or other methods of removing earth materials. "Filling" means any depositing or stockpiling of earth materials. "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. 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; 3 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; 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 (Section 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 commercial or non- commercial uses of less than 10,000 square feet 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. "Land disturbing permit" means of Roanoke for the clearing, transporting of land or for any purpose set forth herein. a permit issued by the County filling, excavating, grading, combination thereof or for any "Local Erosion and Sediment Control Program" or "program" means an outline of the various methods employed by the County of Roanoke 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. 4 "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 Engineering & Inspections 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 of Roanoke which has adopted a Soil Erosion and Sediment Control Program approved by the Board. "Single-family residence" means a noncommercial dwelling that is occupied exclusively by one family. "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. 5 "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. Section 8.1-4 ADMINISTRATION OF CHAPTER IN CONJUNCTION WITH SUBDIVISION AND ZONING ORDINANCES. This chapter shall be administered, where applicable, in conjunction with the county's subdivision and zoning ordinances wherein such apply to the development and subdivision of land within the county or where such apply to development on previously subdivided land within the county. Section 8.1-5 LOCAL EROSION AND SEDIMENT CONTROL PROGRAM A. Pursuant to section 10.1-562 Of the Code of Virginia, the County of Roanoke hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the Virginia Soil and Water Conservation Board and those more stringent local stormwater management criteria which the Board of Supervisors of Roanoke County, Virginia, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Design and Construction Standards Manual" for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the "Virginia Erosion and Sediment Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended from time to time. B. The County of Roanoke hereby designates the Director of Engineering & Inspections as the plan -approving authority. C. The program and regulations provided for in this ordinance shall be made available for public inspection at the office of the Department of Engineering and Inspections. Section 8.1-6. REGULATED LAND -DISTURBING ACTIVITIES; SUB -MISSION AND APPROVAL OF PLANS; CONTENTS OF PLANS A. Except as provided herein, no person SHALL engage in any land -disturbing activity until he has submitted to the G Department of Engineering & Inspections for the County of Roanoke an erosion and sediment control plan for the land -disturbing activity and such plan has been approved by the plan approving authority. Where the land -disturbing activity results from the construction of a single-family residence, an "agreement in lieu of a plan" may be substituted for an erosion and sediment control plan if executed by the plan -approving authority. B. 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 Roanoke County, Virginia, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Design and Construction Standards Manual" are to be used by the applicant when making a submittal under the provisions of this ordinance 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. C. 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 ordinance. 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 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. D. An approved plan may be changed by the plan approving authority when: 1. The inspection reveals that the plan is inadequate to satisfy applicable regulations; or 7 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 ordinance, are agreed to by the plan approving authority and the person responsible for carrying out the plans. E. In order to prevent further erosion, the County of Roanoke may require approval of a conservation plan for any land identified in the local program as an erosion impact area. F. Whenever electric and telephone utility companies or railroad companies undertake any of the activities included in subdivisions 1 and 2 of this subsection, they shall be considered exempt from the provisions of this ordinance. 1. Construction, installation and maintenance of electric and telephone utility lines; and 2. Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. Projects not included in subdivisions 1 and 2 of this subsection shall comply with the requirements of the Roanoke County erosion and sediment control program, pursuant to Code of Virginia, Section 10.1-563 D. G. State agency projects are exempt from the provisions of this ordinance, pursuant to Section 10.1-564 of the Code of Virginia. Section 8.1-7. PERMITS; FEES; BONDING; ETC.: A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land - disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. B. No person SHALL engage in any land -disturbing activity until he has acquired a land -disturbing permit, unless the proposed land -disturbing activity is specifically exempt from the provisions of this ordinance, and has paid the fees and posted the required bond. C. Fees: An applicant submitting a plan pursuant to this article shall pay a filing of One Hundred ($100.00) Dollars based on disturbed area, plus One Hundred ($100.00) Dollars for each acre or a portion thereof, not to exceed One Thousand ($1,000.00) Dollars to cover the administrative expense of review and inspection. D. Bond: All applicants for permits shall provide to the County of Roanoke a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the Director of Engineering & Inspections, to ensure that measures could be taken by the County of Roanoke at the applicant's expense should the applicant fail, AFTER PROPER NOTICE, within the time specified to initiate or maintain appropriate conservation measures required of him as a result of his land -disturbing activity. Should it be necessary for the County of Roanoke to take such conservation action, the County of Roanoke may collect from the applicant any costs in excess of the amount of the surety held. Within sixty (60) days of adequate stabilization, as determined by the Director of Engineering & Inspections, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. E. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. Section 8.1-8. MONITORING, REPORTS, AND INSPECTIONS A. The County of Roanoke may require the person responsible for carrying out the plan to monitor and maintain the land -disturbing activity. The person responsible for carrying out the plan 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. B. The Department of Engineering & Inspections shall periodically inspect the land -disturbing activity as required under the state program to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. 01 If the Director of Engineering & Inspections determines that there is a failure to comply with the plan or if plan is determined to be inadequate, notice shall be served upon the permittee or person responsible for carrying out the plan 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 or person responsible for carrying out the plan shall be deemed to be in violation of this ordinance and, upon conviction, shall be subject to the penalties provided by this ordinance. C. Upon determination of a violation of this ordinance, the Director of Engineering & Inspections may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, 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, the Director of Engineering & Inspections may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all of the land -disturbing activities be stopped until an approved plan or any required permits are obtained. 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 ben issued a notice to comply as specified in this ordinance. 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 days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of the County of Roanoke. If the alleged violator has not obtained an approved plan 10 or any required permits within seven days from the date of service of the order, the Director of Engineering & Inspections 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 of Roanoke. The owner may appeal the issuance of an order to the Circuit Court of the County of Roanoke. Any person violating or failing, neglecting or refusing to obey an order issued by the Director of Engineering & Inspections may be compelled in a proceeding instituted in the Circuit Court of the County of Roanoke to obey same and to comply therewith by injunction, 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 Engineering & Inspections from taking any other action authorized by this ordinance. Section 8.1-9. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS A. Violators of this ordinance shall be guilty of a Class I misdemeanor. B. Civil Penalties: 1. A civil penalty in the amount listed on the schedule below shall be assessed for each violation of the respective offenses: a) Commencement of land disturbing activity without an approved plan as provided in Section 8.1-6 shall be $1,000/day. b) Vegetative Measures - failure to comply with items 1, 2 and 3 of the Minimum Standards shall be $100/violation/day. C) Structural Measures - failure to comply with items 2, 4, 9, 10, 11, 15 and 17 of the Minimum Standards shall be $100/violation/day. d) Watercourse Measures - failure to comply with items 12, 13 and 15 of the Minimum Standards shall be $100/violation/day. e) Underground Utility Measures - failure to 11 comply with item 16(a) and/or (c) shall be $100/violation/day. f) Failure to obey a stop work order shall be $100/day. g) Failure to stop work when permit revoked $100/day. 2. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land -disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000. The assessment of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of this section. C. The Director of Engineering & Inspections may apply to the Circuit Court of the County of Roanoke to enjoin a violation or a threatened violation of this ordinance, without the necessity of showing that an adequate remedy at law does not exist. D. In addition to any criminal penalties provided under this ordinance, any person who violates any provision of this ordinance may be liable to the County of Roanoke in a civil action for damages. E. Civil Penalty Enumerated: Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County of Roanoke. Any civil penalties assessed by a court shall be paid into the Treasury of the County of Roanoke, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the State Treasury. F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this ordinance, 12 the County of Roanoke may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection B(2) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection B or E. G. The County's Attorney shall, upon request of the County of Roanoke or the permit issuing authority, take legal action to enforce the provisions of this ordinance. H. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. Section 8.1-10. APPEALS AND JUDICIAL REVIEW Any applicant under the provision of this ordinance who is aggrieved by any action of the County of Roanoke or its agent in disapproving plans submitted pursuant to this ordinance shall have the right to apply for and receive a review of such action by the Roanoke County Board of Supervisors. In reviewing the agent's actions, the Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Board of Supervisors decision shall be final, subject only to review by the Circuit Court of the County of Roanoke. Any applicant who seeks an appeal hearing before the Board of Supervisors shall be heard at the next regularly scheduled Board of Supervisors public rearing provided that the Board of Supervisors and other involved parties have at least 30 days prior notice. Final decisions of the County of Roanoke under this ordinance shall be subject to review by the County of Roanoke Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land -disturbing activities. Section 8-1.11 CIVIL VIOLATIONS, SUMMONS, GENERALLY. A. The Director shall prepare an appropriate "Erosion and Sediment Control Civil Violation Summons" for use in enforcing the provisions of this Chapter. B. Any inspector of the plan approving authority charged with enforcing this Chapter shall serve upon any owner or permittee in violation of this Chapter, a summons 13 notifying the owner or permittee of said violation. If unable to serve the owner or permittee in person, the inspector may notify by summons an owner or permittee committing or suffering the existence of a violation by certified, return receipt requested mail, of the infraction. The Roanoke County Sheriff's Office may also deliver the summons. The summons shall contain the following information: 1. The name and address of the person charged. 2. The nature of the violation and ordinance provision(s) being violated. 3. The location, date, and time that the violation occurred, or was observed. 4. The amount of the civil penalty assessed for the violation. 5. The manner, location, and time that the civil penalty may be paid to the County. 6. The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. C. The summons shall provide that any person summoned for a violation may, within 5 days of actual receipt of the summons or, within 10 days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Roanoke County Treasurer's Office and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. D. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the County shall cause the Sheriff of Roanoke County to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in General District Court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the County to show the liability of the violator by the preponderance of the evidence. Any admission of liability, or finding of liability shall not be a 14 criminal conviction for any purpose. E. The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies by law. F. The owner or permittee may pay the civil penalty to the Treasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. G. Within the time period prescribed in C., above, the owner or permittee, may contest the violation by presenting it to the Director, who shall certify the contest in writing, on an appropriate form, to the General District Court. H. Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in C., above, shall result in the immediate issuance of a stop work order and the revocation of the permit, if any. 3. That the effective date of this ordinance shall be May 25, 1994. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Cv Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors 15 cc: File Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff Don C. Myers, Assistant County Administrator John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Thomas S. Haislip, Director, Parks & Recreation John W. Birckhead, Director, Real Estate Assessment n 1 16 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 24, 1994 ORDINANCE 52494-4 DECLARING A PARCEL OF REAL ESTATE IDENTIFIED AS TAX MAP NO. 27.10-3-10 LOCATED ON MEMORY LANE AND KNOWN AS TINKER KNOLL WELL LOT IN THE HOLLINS MAGISTERIAL DIS- TRICT TO BE SURPLUS AND ACCEPTIN i6 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 May 10, 1994; and a second reading was held on May 24, 1994, concerning the sale and disposition of a parcel of real estate identified as Tax Map No. 27.10-3-10; and 3. That an offer having been received for said property, the offer of James C. and Sarah W. Hollett to purchase this property for #100.00 is hereby accepted;'rejeete ; and 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. On motion of Supervisor Johnson to accept the order and adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: 9 - kk2'0� Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors cc: File John D. Willey, Property Manager Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 / d. .0000, 30 n' A P` lo •0Z satr 4 6 � �cAP ZO = 1900 sI sar R• ' R � �5.. ,� 8 96 a too 90 RG d 23 35 90 2a ZS 34 =40, as R' ce5 � h .z6 \'� b Memory 'J roe �s�i o / roo a ! % A • \6 fart 5 rsr NN PC 0 \ q� • sa 9 • Ory / • . a 3 rT3sa s A 3 \c t23`� st Q `N • y Z 134.89 31 if VI ? bX30 '� w ,► . r3 ` • • 42 \6` $047 a \ If / d °► s ? $ % o 4rrpwhev =:0.91 / ��0 r� s : 8 43 \1 K o � � 02 to A ti 133.01 • '"� \$ % to to \S a � � _ 1 � by 3 ��•ati � N • - sn• .� ' 4 • has - 2. �. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 RESOLUTION 52494-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 24, 1994 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes for April 5, 1994, April 12, 1994, and April 15, 1994. 2. Request for Approval of Raffle Permit from the Blue Ridge Adoption Group (BRAG). 3. Write -Off of Utility Bad Debts. 4. Confirmation of Committee Appointments to Highway and Transportation Safety Commission, and Parks & Recreation Advisory Commission. 5. Resolution Requesting Senator Charles Robb to Co - Sponsor S. 993 in the Senate of the United States to Demonstrate his Concern about Unfunded Mandates. 6. Request for Appropriation to School Grants Fund from Virginia Commission for the Arts. 7. Donation of Right -of -Way Easements in Connection with the Camney Lane Project. 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 Kohinke to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Brenda J. Hol , Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Diane D. Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools A -52494-5.a ACTION NO. ITEM NUMBER *�a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Request for Approval of a Raffle Permit from the Blue Ridge Adoption Group (BRAG) COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Blue Ridge Adoption Group (BRAG) has requested a permit to hold a raffle on July 23, 1994 (Rain date: July 30, 1994). This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit from the Blue Ridge Adoption Group be approved. SUBMITTED BY: Jam. Mary H. Allen Clerk to the Board APPROVED BY: ZW Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved �c ) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File ` RAFFLE PERMIT APPLICATi ON V -D, Application is hereby made for a raffle game permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games are strictly regulated by Title 18.2-340.1 et. sect. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sea. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Name of organization g i -yE 6�_� ) P L/6/�f Mailing Address `i� 3 JA! VE ti//tel !/A .7 -,-'Il , City, State, Zip Code Vi/VT?�>/N VA 2_q/7 9 When was the organization founded? f}NL�Af=l e / f72 3 Purpose and Type of organization Ica �Q=i2 Su2.10"!�+-tb rtv^ ve yrr � •� t • -f-b eLiU���-Q �c�l�l,'c 2�n►,�t Ct �r�n-hc� ►r1 Has the organization been in existence in Roanoke County for two continuous years? YES NO / 17-A-/\/ l y9 3 Is the organization non-profit? YES ✓ NO Is the organization exempt under §501(c)(3) of the Internal Revenue Code? YES NO r/ 1Y (; ECl- Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 et. se . of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Raffle games and that such records are subject to audit by. the Commissioner of the Revenue? c S COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMUSSIONER OF THE REVE1C, N ROANOKE, VA 24018 Ll Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to § 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Raffles ? cS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value j)i-nr*s< -S -Fatr 2 -5/&C) 30 DATE OF RAFFLE Z 3 ' I q'1 4 tn1 cDA+t 30( 1179 q If this application is for an ANNUAL RAFFLE PERMIT, list below all dates raffles will be held. Specific location where Raffle drawing Mi 11 HWAJTA;Q ?1c'.4JIL CLeo<„uD NOTE: This permit shall be valid only for the above location. is to be conducted? Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code §4-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. I007o o,� -4-)-,-- �ee�s sL�Q!! 10 �Seei +To Pur-LkQs�e rt)4-�'Y�"r4.•�S �►`' ep�vC�:�min U LA Pvj1'C. 0 -Y -)j "ep- - mvj torinnnLAt"�, *y. ha= mamt��ic.-(s 00A7 P ✓'i n t< d m a.fie-tr i cJ s V i do o e +c . COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COM USSIONER OF THE REVENUE ROANOKE, VA 24018 2 Officers of the Organization: President: JAt-J-E-T SCuEI D Phone: ?4n -—r ->T13 Address: ( L4-63 WOL: ()PEE -K.` V/N i(b/Q VA c9gf-Z Lj Vice President: KA -Tr + t E /\ JE E 1 M kp< iC Phone: -7-74 h11 '- Address: 33 L, P,iCt-tAreL5, e1--t/i7• RoAzk,1>i�-E .VA. 240I'q Secretary: I�f T 5 �! (s 2_ F'T-T Phone: -774�- Address: 6114-1 �' !'cSTL� �''��� � oe� e0A1'yL1V- f= V A I V f Treasurer: k9l e KPhone: — 541 Address: 1-3/., f4L)/,H Py E , , �,yr C L A Zq-D 1 �j Member authorized to be responsible for Raffle operations: Name: J A/, J 'T S(' >? t _ LD Home Address ) LJJ; 3 1D t�� r"j,"-7 FFA , P P. Jrv'� L`N, VPS 2-L� 1 7`1 Phone �'jD - 6$ r 3 Bus Phone 772- 0 q l Member responsible for filing financial report required by the code if your organization ceases to exist: Name: kE L-Lcf Le-L"AI L- - Home Address Z� S /Yl ll'Yl�t/� .�"i .. 8l � V) L-L-Ej VA Phone jq,;2- 1-l�5L-, Bus Phone Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? 5 Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMM USSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION ^� THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. I further swear that I have read and understand the attached copies of Sec. 18.2-340.1 et. sea. of the Code of Virginia and Section 4-86 et. seq. of the Roanoke County Code. Signed b : me title Home AddtAss Subscribed and sworn before me, this q day of /Wti 19q in the CountykCtV of , Virginia. �< Cl- -1X6Et4&,w- (-4 (L� __ My commission expires: 19�� Notary Public U NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commissioner of -the Revenue The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMUSSIONER OF TIE REVENUE ROANOKE, VA 24018 4 A -52494-5.b ACTION # ITEM NUMBER_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Write -Off of Utility Bad Debts COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County has written off the oldest year remaining on the files on an annual basis. This policy and the year of write off is consistent with the procedures for writing off personal property delinquent accounts. The efforts for collecting these accounts have included the following: 1. Collection letters requesting payment. 2. Filing with Department of Taxation on Debt Set Off Program. 3. Filing Warrants in Debt where a valid address is available. 4. Continuing to search for delinquent accounts through DMV, VEC, and Department of Taxation records. Listed below is a breakdown of the delinquent utility accounts, which should be written off at this time. Year Amount Number of Accounts 1989 $ 3,344.00 30 Some of these accounts have judgments or liens against them which will help insure collection. If and when these collections are made, the revenues will be recorded at that time. STAFF RECOMMENDATION: Staff recommends writing off the 1989 delinquent accounts. /Q e_ Z, Diane D. Hyatt Director of Finance Elmer C. Hodge County Administrator )<13 ACTION VOTE Approved ( Motion by: Edward G. Kohinke No Yes Abs Denied () Eddy _ x _ Received () Johnson _ x _ Referred () Kohinke _ x _ X To () Minnix _ -x Nickens cc: File Diane D. Hyatt, Director, Finance K-13 ATTACHMENT A UTILITY BILLING BAD DEBT HISTORY BILLING BAD DEBT # ACCOUNTS PERCENT 1989 $5,985,833 $3,344 30 .06% A -52494-5.c ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Confirmation of Committee Appointments to the Highway and Transportation Safety Commission, and the Parks and Recreation Advisory Commission. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the May 10, 1994 meeting. 1. Highway and Transportation Safety Commission Supervisor Eddy has nominated Capt. Charles Compton to serve a four-year term as a state police representative. His term will expire June 30, 1998. Supervisor Eddy also nominated Jeff Echols, representing the Virginia Department of Transportation, to fill the unexpired term of Fred Altizer. which will expire June 30. 1995. 2. Parks and Recreation Advisory Commission Supervisor Kohinke nominated Wayne Gauldin and Michael Walthall to serve another three-year term representing the Catawba Magisterial District. Their terms will expire June 30, 1997. Supervisor Johnson nominated Richard Cox to serve another three-year term representing the Hollins Magisterial District. His term expires June 30, 1997. Supervisor Eddy nominated Paul Bailey to serve another three- year term representing the Windsor Hills Magisterial District. His term expires June 30, 1997. Supervisor Johnson nominated Tim Boelzle to fill the unexpired term of Rita Watson, representing the Hollins Magisterial District. The term expires June 30, 1995. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge County Administrator --------------------------------------------------- ACTION VOTE Motion by: Edward G. Kohinke No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Highway and Transportation Safety Commission File Parks & Recreation Advisory Commission File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 RESOLUTION 52494-5.d REQUESTING SENATOR CHARLES ROBB TO CO-SPONSOR S. 993 IN THE SENATE OF THE UNITED STATES TO DEMONSTRATE HIS CONCERN ABOUT UNFUNDED MANDATES WHEREAS, S. 993 has been introduced in the Senate of the United States by the Honorable Dirk Kempthorne of Idaho; and WHEREAS, Senator Kempthorne's S. 993 will require the federal government to pay for the mandates they impose on state and local governments and establish a fiscal note process so that when Congress votes on various measures affecting state and local governments, the members of Congress are aware of the fiscal impact; and WHEREAS, S. 993 is the most significant and far-reaching unfunded legislation ever introduced in the Congress of the United States; and WHEREAS, as of May 1, 1994, Senator Kempthorne's bill had received 54 out of 100 Senate co-sponsors; and WHEREAS, Senator John Warner of Virginia has already displayed his commitment to this issue by signing on to S. 993; and WHEREAS, although Senator Charles Robb has communicated is concern about unfunded mandates and has indicated that he "fully endorses the concept of identifying and restricting unfunded federal mandates," to date he has declined to co-sponsor S. 993; and WHEREAS, a recent National Association of Counties survey estimated that a minimum of 12 percent of local budgets support unfunded federal mandates; and WHEREAS, unfunded federal mandates regularly force local tax increases and/or service cutbacks, restrict the rights of state and local voters and officials to determine their own priorities, and allow the Congress to avoid direct responsibly for increasing taxes; and WHEREAS, the Constitution of the United States guarantees a federal, state and local partnership and unfunded federal mandates undermine the responsibility of the state and local levels; and WHEREAS, S. 993 is endorsed by the National Association of Counties, the United State Congress of Mayors, the National League of Cities, the National School Boards Association, the National Governors Association; the Council of State Governments, and the National Conference of State Legislatures; and WHEREAS, reduction and elimination of unfunded mandates in the number one priority of the Virginia Association of Counties. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, implores Senator Charles Robb to demonstrate his concern about unfunded mandates to the local governments of the Commonwealth of Virginia by immediate co- sponsorship of S. 993. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: -- Brenda J. Holt n, Deputy Clerk Roanoke County Board of Supervisors cc: File The Honorable Charles Robb, U. S. Senate Jim Campbell, Exe Dir, Virginia Association of Counties Paul M. Mahoney, County Attorney A -52494-5.e ACTION # ITEM NUMBER e— � MEETING DATE: May 24, 1994 AGENDA ITEM: Request for Appropriation to the School Grant Fund COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Commission for the Arts has awarded Roanoke County Schools $900 to defray expenses for four performances of 7 Musics 7 Cultures by Virginia Opera on March 21 and 22, 1994. Virginia Opera also conducted one Artists -in - Residence workshop. The schools involved were William Byrd Middle/William Byrd High; and Herman L. Horn, Cave Spring, and Clearbrook elementary schools. FISCAL IMPACT: None. Expenses were covered by the grant. STAFF RECOMMENDATION: Staff recommends appropriation of the $900.00 to the School Grant Fund. Stephen King Supervisor of F'ne Arts i Elmer C. Hodge County Administrator --------------- -------------------------------------------------- ACTION VOTE No Yes Abs Approved ( x) Motion by: Edward G. KohinkeEddy _x Denied ( ) Johnson Received ( ) Kohinke -g_ Referred ( ) Minnix To Nickens cc: cc: File Diane D. Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools 9--� FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON MAY 12, 1994 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE SCHOOL GRANT FUND. WHEREAS, the County School Board of Roanoke County received a grant award of $900 from the Virginia Commission of Arts to defray the cost of four performances of "Seven Musics Seven Cultures" and an Artists -in -Residence workshop by Virginia Opera for Roanoke County students; BE IT RESOLVED that said school board on motion of Barbara B. Chewning and duly seconded requests an appropriation by the Board of Supervisors of Roanoke County in the amount of $900 to the school grant fund. AYES: Jerry L. Canada, Barbara B. Chewning, Charlsie S. Pafford, Maurice L. Mitchell, Frank E. Thomas NAYS: None ATTESTS: l Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge A -52494-5.f ACTION # ITEM NUMBER V--94 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Donation of right-of-way easements in connection with the Camney Lane Project to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This consent agenda item involves the donation of the following easements to the County of Roanoke for right-of-way purposes in relation to the Camney Lane Project in the Vinton Magisterial District. a) Donation of a proposed right-of-way from Gary W. and Mary Jane Saunders, (Deed Book 1201, page 264) (Tax Map No. 61.04-2-16) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated July 14, 1993. b) Donation of a proposed right-of-way from G. W. and Mary Jane Saunders, (Deed Book 1202, page 264) (Tax Map No. 61.04-2-16.6) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated February 5, 1991. c) Donation of a proposed right-of-way from Gary W. and Mary Jane Saunders, (Deed Book 1202, page 264) (Tax Map No. 61.04-2-16.4) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated February 5, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION Staff recommends acceptance of these properties. S�BMITTED BY: APPROVED BY: (� Arnold Covey, Direfor Elmer C. Hodge of Engineering & Il spections County Administrator --------------------------------------------------------------- ACTION VOTE Approved (YJ Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson _x Referred Kohinke x To Minnix _ x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections 2 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. 0 N TAX MAP NO. 61.04-2-13 N BOBBY G. 8c JOYCE M. BROWN ,O V6 I� C C TAX MAP NO. 61.04-2-16.1 TOWN OF VINTON TAX MAP NO. 61.04-2-17 TOWN OF VINTON UNE I DIRECTION I DISTANCE A N 3322b0 W 6.70 B N 18'41'00' E 55.71 C N 18'41'00 E 60.E D N 7120'00 W 50.00 E N 111.87 F N 1 34 E 50. G N.71'19'00' W 58.53 H N 14'31 49 E 5267 J N 23'16'37' W 84.71 TAX MAP NO. 61.04-2-16 PROPOSED RIGHT-OF-WAY CAMNEY LANE (0.3467 AC) BEDFORD COUNTY 7)9 00, 'Sj• ly ks. 00, PROPERTY OF GARY W. & MARY JANE 4,_,-*, SAUNDERS y 1� 00, REMAINING 2.2052 AC T0• .00• 4, o1-11 0 J C. 7. Q is 80 v �s 7710 0+ ROANOKE COUNTY N 88'04'00" W BEDFORD COUNTY 183.44' SCALE: 1 "=100' PLAT SHOWING PROPOSED RIGHT-OF-WAY BEING CONVEYED TO ROANOKE COUNTY BY GARY W. & MARY JANE SAUNDERS PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 07/14/93 METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. K-'7 PROPOSED RIGHT OF WAY -o TAX NO. 61.04-2-16 opZ� fill" 0 G TAX NO. 61.04-2-16.5 TAXMAPNO. 51.04-2-16.6 TAX NO. 61.04-2-16.1 Property of GARY W 9 MARY JANE SAUNDERS TAX NO. 61.04-2-16.7 PLAT SHOWING PROPOSED RIGHT OF WAY BEING CONVEYED TO ROANOKE COUNTY BY GARY W. & MARY JANE SAUNDERS SCALE: I"=20' PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: &- 5 - 91 METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT ANACCURATE BOUNDARY SURVEY. PROPOSED RIGHT OF WAY TAX NO. 61.04-2-16.3 N TAX MAPNO. 61.04-2-16.4 PLAT SHOWING PROPOSED RIGHT OF WAY BEING CONVEYED TO ROANOKE COUNTY BY GARY W. & MARY JANE SAUNDERS K-7 S, TAX NO.61.04-2-1&5 2 �0. .0 F Property of GARY W. 8 MARY JANE SAUNDERS SCALE: I 20' PREPARED BY: ROANOKECOUNTY ENGINEERWGDEPARTMENT DATE: 2-5.-91 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 ORDINANCE 52494-6 AMENDING SECTION 21-4, ENHANCED EMERGENCY TELEPHONE TAX OF THE ROANOKE COUNTY CODE, BY INCREASING SAID TAX FROM $0.46 PER MONTH TO $1.06 PER MONTH WHEREAS, the levy of this enhanced emergency telephone tax is authorized by Section 58.1-3813 of the 1950 Code of Virginia, as amended; and WHEREAS, notice of the proposed adoption of the ordinance enacting this legislation was advertised in the "Roanoke Times and World News" on May 3, 1994, and May 10, 1994; and WHEREAS, the first reading on the adoption of this ordinance was held on May 10, 1994, and the second reading and public hearing of this ordinance was held on May 24, 1994. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That § 21-4, Enhanced emergency telephone tax, of Article I, In General of Chapter 21, Taxation of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 21-4. Enhanced emergency telephone tax. (a) There is hereby imposed and levied by the county upon every purchaser of local telephone service a tax in the amount of €erty c--_ eents ($9. one dollar and six cents ($1.06) per month. This tax shall be paid by the purchaser to the seller of local telephone service for the use of the county to pay the recurring maintenance, repair and system upgrade costs e€ and salaries or portion of salaries of dispatchers or call -takers which are directly attributable to the E911 system. The county treasurer shall notify the seller of the date on which the tax is to be reduced under this section. This notification will be sent by certified mail to the registered agent of the seller sixty (60) days in advance of the date on which the tax is to be reduced. 1 (b) It shall be the duty of every seller in acting as the tax collecting medium or agency for the county to collect from the purchaser for the use of the county the tax hereby imposed and levied at the time of collecting the purchase price charged therefor and the taxes collected during each calendar month shall be reported by each seller to the commissioner of the revenue of the county on or before the last day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith, the seller shall file a copy of such report with and remit to the treasurer of the county the taxes so collected and reported. The required report shall be in the form prescribed by the commissioner of the revenue. The tax levied or imposed under this section with respect to the purchase of local telephone service shall be applicable to charges first appearing on bills rendered for service provided after August 1, 1994 january 1, 1986. 2. That this ordinance shall be in full force and effect from and after August 1, 1994; which is at least sixty days after written notice by certified mail by the County to the registered agents of the corporations providing telephone service that are required to collect said tax. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge, Kenneth E. Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Steven A. McGraw, Clerk PA Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff Don C. Myers, Assistant County Administrator John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Thomas S. Haislip, Director, Parks & Recreation John W. Birckhead, Director, Real Estate Assessment K3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 ORDINANCE 52494-7 AMENDING PROFFERED CONDITIONS ON THE REZONING OF A 1.655 -ACRE TRACT OF REAL ESTATE (TAX MAP NO. 76.16-1-40.1) LOCATED AT THE TERMINUS OF POSTAL DRIVE IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-1, CONDITIONAL (MODIFICATION TO PROFFERED CONDITIONS) UPON THE APPLICATION OF PEDIATRIC ASSOCIATES WHEREAS, this property was rezoned to B-1 with proffered conditions in 1981; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 1994; and WHEREAS, the first reading of this ordinance was held on April 26, 1994; and the second reading and public hearing were held on May 24, 1994; 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 1.655 acres (TAX MAP NO. 76.16-1-40.1) and located at the terminus of Postal Drive in the Windsor Hills Magisterial District is hereby changed from the zoning classifica- tion of C -1C, Office District, with proffered conditions, to the zoning classification of C -1C, with amended proffered conditions. 2. That this action is taken upon the application of Pediatric Associates. 1 3. That the owners voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in 1981, which the Board of Supervisors hereby amends as follows: 1) There will be only one street or entrance from VA Route 419. The entrance shall be two lanes in each direction and divided by a median strip. 2) There will be not more than one sign along Route 419, and the sign will be limited to 75 square feet. 3 ) The building or buildings on the property will occupy not more than 25% of the total land area. 4) The property will be developed into not more than 16 lots, and each lot will contain only one building. 5) All utility lines will be installed underground in accor- dance with utility company specifications and require- ments. 6) All refuse containers will be adequately screened from view. 7) All lighting within the property shall be adequate and shall not be a hindrance to any resident adjacent to the property. 2 8) No portion of any building will be built closer than 60 feet to the rear property line of any single family residential lot adjoining the property. 9 ) No building constructed on the property will be more than three stories or 45 feet in height above grade level as viewed from VA Rt. 419. 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. On motion of Supervisor Eddy to adopt the ordinance with additional proffer #10, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Minnix, Nickens A COPY TESTE: �13fenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 t M::>:<:>::>>»»::»::>::»»;»»>;>::<: 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. On motion of Supervisor Eddy to adopt the ordinance with additional proffer #10, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy NAYS: Supervisors Minnix, Nickens A COPY TESTE: �13fenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 • , .:.1 • • CRS ,nu od ",'s; 1 kI •1 .3L�-- �� .qi8 1.. ..1 k� - CRE 1f YI u. PoF 419 c.� erg;r ��+/• 1641 \ " WQJJAiiL elf,9%r�V � i VICINITY MAP TJ 37 • 7101 t,J, q... 26 h / i2 »a u ]4 = Mt is and = II I b l � 4 ra LI; tm 24 �� i •+ I a+ Cr t 23 4 I ' 1779 • . 21tq t % nrr i 22 J, `r ' r I7 ]yypY IIMTs` f»i �ryllTlrtJt f r' naf •� `4r 169 - l,fe t,lJ I� C 2Ms Hitt, Jl)J Ir 7 � r ••tJIJ 16 •• tln M 4 4 t7.1 J7JJ r t7J1 J 7 • O.90 Mrr 10 r7—.1 —. 1 C Jr. DEPARTMENT OF PLANNINTG PETMONER: Pediatric Associates AND ZONING TAX MAP #: 76.16-1-40.1 G. - REQUEST. C -1c to C -1c Amend Conditions '4 40! 403 .a I 40.8 ) 121 Js IwrO :I.wt /bwr a2 406 . 407 Nr. 1]4 M i r 4 Mae i 404 6 7 Q JYI \ w •M» 401 O s I O/O. 1 f to i 2.N.r ; 4 19 Al.- 2.52:rI v a ✓ • •� :� w+ 2 • r Rol Jtr, � � s 22 2t .r. �--• +IiT1 �� » C Jr. DEPARTMENT OF PLANNINTG PETMONER: Pediatric Associates AND ZONING TAX MAP #: 76.16-1-40.1 G. - REQUEST. C -1c to C -1c Amend Conditions AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 ORDINANCE 52494-8 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE WITH GASOLINE PUMPS AND TO USE STONE AND BLOCK FOR CRUSHED FILL FOLLOWING THE DEMOLITION OF THE EXISTING BUILDING LOCATED AT 6414 AND 6422 BENT MOUNTAIN ROAD (TAX MAP NO. 95.02-2-59), WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF ALAN GRACZYK WHEREAS, Alan Graczyk has filed a petition to allow the construction of a convenience store with gasoline pumps and to use stone and block for crushed fill following the demolition of the existing building located at 6414 and 6422 Bent Mountain Road in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 3, 1994; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 26, 1994; the second reading and public hearing on this matter was held on May 24, 1994. 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 allow the construction of a convenience store with gasoline pumps and to use stone and block for crushed fill following the demolition of the existing building located at 6414 and 6422 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Alan Graczyk to allow the construction of a convenience store with gasoline pumps and to use stone and block for crushed fill following the demolition of the existing building located at 6414 and 6422 Bent Mountain Road in the Windsor Hills Magisterial District, subject to the following conditions: 1) Petitioner shall grade and cover the fill material on a weekly basis. 2) Petitioner shall notify the Department of Environmental Quality - Division of Waste Management of his plans to use the material from the auto repair shop for fill prior to demolition of the building. 3) If petitioner decides to landfill this rubble material rather than use it as fill, petitioner shall submit landfill receipts to the Department of Engineering and Inspections for all material hauled off site. 4) Petitioner shall build a convenience store and gasoline canopy that are consistent in architectural style, design and roof pitch with the architectural drawings submitted to the Department of Planning and Zoning and dated April 15, 1994. 5) Due to the rural characteristics of this site, petitioner shall be allowed signage that is consistent with the AV District regulations (Section 30-93-13(C)]. ................................................................................................................... K NAYS: None A COPY TESTE: 6iL4�'CL A�l Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 er 745 /\ _ 5/.5 HEIGHTS 0 723 0 \MLLFORE VV ' 690 y I .� ,_t +c \� ✓ o ` EENT MW_ NTAIN�f G /�� — �'IS� LpI1� V .. I.• •l . ROGg E I' VICINITY MAP ___G r �a TAX MAP #: 95.02-2-59 1 Convenience Store with Gasoline 6.55 Ac \bi} 1 V I � t ` 1 22 1 :.34 Ac ilfi pff . 1.21 AC c ' 32 : E -24 cso. v y6) 30.1, f 30 f 1.07ift 5A i5�1 56 ,4 %' • �� Sli 1.I•Ae(D) e" i Me 51 /2.61 Ac / 49 s 41 1.71 Ac cs•' •40 39 ' 1.48Ac 04' 3T 69.61Ac (0) 5351 Ac (C) / 45 60 / t90 g44Ae� f 1 2-89 AC �) / 60.4 /^Woo, N, 5294 = / 6Q3: fiat . 1/ es" % � 40 2. TO Ac hl •• 61 1 ,5! SJT A. A , \01 C 39 �AtlC `yc Co 66.4 38 61.2\�a 2.16 Ac 4.47Ae ii - !\ cal 35 1i 310Ac DEPARTMENT OF AND ZONING f 4i 44 15.0i Ac ID) 13.24 Ac lC) NORTH 36:2 1.63A 5c fv� Nf7 41 I 10.51 Ac (01 O 14 30 AC IC' s ' 26 25 .� �• 3.6C Ac 400Ac 34 33 RT 9150 _ 3.,;0A,Pool s ,r e-ar "•� I `I 27 pi> 24 5�� 111 4.60Ao - PETITIONER: Alan Graczyk TAX MAP #: 95.02-2-59 REQUEST: Convenience Store with Gasoline AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 ORDINANCE 52494-9 AMENDING AND REENACTING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO SAID MAPS WHEREAS, on December 15, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 121592-10 which amended the Zoning District Maps for Roanoke County; and, WHEREAS, on September 14, 1993, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 91493-11 which amended the Zoning District Maps for Roanoke County; and WHEREAS, on October 12, 1993, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 101293-9 which amended the Zoning District Maps for Roanoke County; and WHEREAS, citizens in various areas of the County have requested that the zoning classifications as reflected in the new zoning district maps of their properties be re-examined to address their questions and concerns; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on May 3, 1994, and have made recommendations to the Board; and WHEREAS, public necessity, convenience, general welfare and good zoning practice require that the following properties and zoning district maps be, and hereby are, submitted to the Board of Supervisors for amendment; and, WHEREAS, legal notice and advertisement has been provided as 1 required by law, and that the first reading of this ordinance was held on April 26, 1994 and the second reading and public hearing was held on May 24, 1994. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That 111992 Zoning District Maps of Roanoke County, Virginia" are hereby amended and reenacted as the zoning district maps for Roanoke County, Virginia, as follows: (A) That the following described properties are hereby changed from Unzoned to I-1: 26.18-1-7, 26.18-1-8, 26.18-1-9, 26.18-1-10, 26.18-1-11, 26.18-1-12.1. (B) That the following described properties are hereby changed from I-2, Industrial District to R-1, Low Density Residential District: 26.11-2-8, 26.11-2-9 (C) That the following described properties are hereby changed from R-2, Medium Density Residential District to C-2, General Commercial District: 38.14-1-75 (D) That the following described properties are hereby changed from C-1, Office District to R-1, Low Density Residential District: 76.16-2-2, 76.16-2-3, 76.16-2-4, 76.16-2-5, 77.13-3-8, 77.13-3-9 2. That the attached maps are incorporated herein by reference. 3. That this ordinance shall be in full force and effect W thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance absent the properties in Paragraph 1.B. (26.11-2-8, 26.11-2-9) Olsen Road, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None On motion of Supervisor Kohinke to adopt the rezonings of the properties in Paragraph 1.B (26.11-2-8, 26.11-2-9) Olsen Road, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ABSTAIN: Supervisor Johnson A COPY TESTE: &4,-cV4L., Q 6/� Brenda J. Hiflton, Deputy Clerk Roanoke County Board of Supervisors cc 3, File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Acting Director, Real Estate Assessment Paul M. Mahoney, County Attorney M -----'----��:' • moi' soca �4pAounos ' ro uow "°CM lLu6/iC��'``I _ • �r '�• 1b ic '1b ,,,,..nom %� i �[Q��,Y �t ,`iotn=ber :=.n•�`'4'' ti �` "� j ` "y Yy , �. CA -\ �.uc i_ 1 % ! 7'�"' Y :� `.wrri ��i}�'- C �f.P% ,s►�''� � � 1 .. • °��'.�_ `tom VICINITY MAP '`� rE <.,,� ° �~ * DEPARTMDn OF PLANNMTG �- • AND ZONIM SITE: Thidane Road TAX MAP #: 26.18-1-7, -8, -9, -10, -11, -12.1 REQUEST. Rezone unzoned to 1-1 .`� ra�M1— c4 I'm Our p id Cjj F .e.•.. y/ O.G. vc p� • az.irw� Q°♦ 1-01 pLA DS VICINITY MAP +. -------------- .T2 c. � r a . Z , � , � Y � • � � f y� � I r i a � . \ a DEPARTMENT OF PLANNING S(TE: Olsen Road (Keifer/Dominion Developers) AND ZONING TAX MAP #: 26.11-2-8, -9 �� ' REQUEST: Rezone 1-2 to R-1 � 9 a � t I s � f rra 1 it 1 I� � r a . Z , � , � Y � • � � f y� � I r i a � . \ a DEPARTMENT OF PLANNING S(TE: Olsen Road (Keifer/Dominion Developers) AND ZONING TAX MAP #: 26.11-2-8, -9 �� ' REQUEST: Rezone 1-2 to R-1 / �� 415 <... $•a C aCXA— .io-:'..'/`• �. �•� ` waw s, a„ a.L-_ •_ C• ,�c�Ni'►ALLE'! • • S.wtt4• tnr•`•ft....... 14MIC � a..t.b'! •!..(„`31.. , W+�"e+ ic• �_:1Ta//N'_(i� � oa\.roor De..a� „# f; ..., E .. .c .A.,.c . ..°. •(N!ll »%�f'7�! ✓ p(y,K.s9�LC' i.u.e� } •ro otJOY^". Q'�'"r�.r••f�•- \ _� •o .a rrA'Lt \,�7E� 1. � � y ,r I �.e. e✓'a .. n� •,�E\tOM.:_l G t �•al^S�S.�_ � Li Ul�$IANE'GNTS i. ERN ..r40 y�r"�,._' �r ,��Y' ..�.c>• c� o' s=,.• ' \r� 6 Ta � �'E• •_'r ,4t � o i \� <!c-,.,, VICINITY MAP `".'i; •.... _. �' u'7 Q ^ •8 lfJ/ O /e ov 23 /e' IS !/_ est• S • s5=o 4 1S w 10 S-gjo- !•p3 o+" 662 22 it I6s1e s 5 ti 5yt 7 . S 7 J p • 1 Gyi C J J � � � !J/�• It O 1 H 0 'T � 30 � 60 r .:12�f 3 20 lip % °. 59 ' w l5pt ',. A N• oJ�e58. +•.o • 14 s1 +' 19 ~ 7013 'm i58 a 1(°,157 �� •o Q� P 6• 16 56 ! yo I 3.2 �5 55 S3 / .elle 2 105 s 32 X05 � t°� Y,70 IT P q 51 + s OA)t s�\� 4b + Y. 71 / 50 0167 • / Pea \r z� �1 S 49- 72 5 n - o 18 LnAL \ a, 6447 4S . y 4^ s / .. o • � / 6+}; � 3 G�Ci i S 0\s 57;, 46 +. s 62/ e V s $o' + 5! t V ♦1� O A� V 0 36 1A4Ac / 3700 4kn1.r s+c. ~ * DEPARTMENT OF PI ANNINTG �- AND ZONING SITE: Williamson Road & Malvern TAX MAP #: 38.141-75 REQUEST. Rezone R-2 to C-2 I I 36 Mrpie/le S./nu 1.00 Ac U. -Q". 41ILL LICyAIX �Z- v*' tfrR r4o Co 71=TLE 419 STIANO WJGMTS Af. � .. Ir c ir -- 7' 702 419 IL CA FIV fit VIM ..,,,aa, C , N-0 MGT& CAVj IA M E QILMILL Hil VICINITY MAP CAVV 9 aEl ----��� I noun Rt 419 3 DEPARTMENT OF PLANNi-,\TG AND ZONING 16 from Fj 408 407 SITE: Lazarus Property TAX MAP #: 76.16-2-2, -3, -4, -5 REQUEST: Rezone C-1 to R-1 M 1 �t 1r{aa fah ��� So � 7ro• Pat s �\ is / 1•ta • zaXx \ fa \f .. 1• ,� 2r \ 1•.f \ zs •fax h we \Y oa t •, / 2 \ \ \ Vr�\ •. �� ,.� \.�'a YI\ 39 y •{� Nl. •O4 � . n •� / \ • l7.4 to \ y \ •^ K2 ! ! a ,�,s,1// 11 list / _.,.lO yMa•aw• \ a/M�>'7+�~1 } s•f _` / 12 7 1,- \ .. •> 1{x71:./ N a 'R As" 's. lax •" • *i f�' a'yl 1 � ' • u . /5. it k ,'1.0" . st Zr Nt♦ •. 1 b » . -{ i !7 !t , >t if:r41 »n -� !! • ��la• \ 14 I{ wl,s 16 50 Jill as 49. :»fs,. > •x�/2! \•�4 - ••'+:' �P�.aa• i o • 22 6 ` f+• '41^F "y n A .• .> • >?p°• .ass �> 4 N •,y ate! • g�•� •\ : •� :j'•] ? > �2{ - •• 30 I !{w � :� , �. ,1..• � � ,l , .«1 • .nr I H N� Zf .� \ti'�+ _N /•I /ws !, ]I ••]y� �•a►2{-j 6\ aha 17 /Afp• J V •i Y Z/ sNa �"'a 3; 3-U > wM !i '>r y'• •' •.`✓i! , \ /•ti fw 36 I» � Z! � r,. y I 7i 1•]ii 3V . / `a�•I � rJ. n —N •N ` !• ^ <d'' N 1 x.4101 11lr 101f•s �' ^ / ,• •aN) 1i' 9 ' •�' " 1•r • //^�\ >!!' 15 DEPARTmENT OF AND ZONING SITE: Mason Property TAX MAP #: 77.13-3-8, -9 REQUEST: Rezone G7 to R-1 CLAIM DENIED A-52494-10 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: May 24, 1994 AGENDA ITEM: Claim of Hunting Hills Country Club, Inc. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• Sections 15.1-550 through 15.1-554 of the Code of Virginia describes the procedure for submitting claims to boards of supervisors. No legal action against the county upon any claim or demand may be maintained unless and until such claim has been presented to the board of supervisors. A determination by the board disallowing a claim shall be final and a perpetual bar to any action in any court on such claim, unless the decision of the board is appealed to the circuit court within 30 days from the date of decision. SUMMARY OF INFORMATION: By letter and affidavit dated May 13, 1994, the law office of Burton L. Albert submitted a claim on behalf of the Hunting Hills Country Club, Inc. in the amount of $20,000.00 for costs to remedy a water and/or storm drainage problem which has allegedly damaged the 14th hole of the Hunting Hills Country Club golf course. A summary of this claim is attached to this report. This claim was submitted to the County's insurance carrier for consideration. The reasons for rejection of this claim are as follows: 1) the work that the County performed in February of 1991 on an adjoining property was pursuant to a dedicated drainage easement; 2) the work that the County performed merely improved the existing, dedicated drainage easement that had been in existence since this portion of the subdivision was constructed; v-1 3 ) any storm water discharged from or along this easement is into a natural watercourse; 4) the work did not increase the quantity of storm water flowing across the adjoining lot into the natural watercourse; 5) it is apparent from an examination of the adjoining property and the golf club property that the topography of the land has been altered by the golf club to relocate the natural drainage and natural watercourse in this area; and 6) although the County utilized a natural watercourse by allowing it to carry water that would naturally find its way there, and the County participated in certain maintenance and improvements upstream in a dedicated easement, it does not thereby assume or exercise control for all purposes over the remaining downstream portion of the watercourse. FISCAL IMPACTS• If the Board allows the claim, the County would be required to pay $20,000.00. ALTERNATIVES• 1) Disallow the claim based upon the objections set forth above. 2) Allow the claim and pay the $20,000.00. STAFF RECOMMENDATION: It is recommended that the Board disallow the claim. Respectfully submitted, W. Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( ) Motion by H. ODell Minnix Eddy x Denied (x) to deny claim Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x c:\wp51\agenda\Iit\htLndng cc: File Paul M. Mahoney, County Attorney BURTON L. ALBERT LAW OFFICES BURTON L. ALBERT 4405 STARRY ROAD, S.W. POST OFFICE BOX 20009 ROANOKE, VIRGINIA 24018-0501 May 13, 1994 Paul M. Mahoney, Esq. County Attorney for the County of Roanoke, Virginia P. O. Box 29800 Roanoke, Virginia 24018-0798 Re: Hunting Hills Country Club, Inc. Dear Paul: V=/ VTRFP1W1nn p MAY 16 1994 JOHN W. F. HANER OF COUNSEL AREA CODE 703 776.8600 TELEFAX NO. (703) 774-0135 Pursuant to the provisions of Section 15.1-550 of the Code of Virginia of 1950, as amended, please accept this letter as a claim on behalf of the Hunting Hills Country Club, Inc. against the County of Roanoke in the amount of $20,000.00. This claim represents the costs to remedy a water and/or storm drainage problem which has damaged the 14th hole of the Hunting Hills Country Club golf course and as set forth in the attached Affidavit. It is my understanding that this issue will be on the agenda of the Board of Supervisors meeting on May 24, 1994 (evening session). Should you need additional data, please advise. Very truly yours, Burton L. Albert BLA/cbk Enclosure cc: Hunting Hills Country Club, Inc. AFFIDAVIT STATE OF VIRGINIA to -wit: COUNTY OF ROANOKE This day came Burton L. Albert, Esq., attorney and j i agent for Hunting Hills Country Club, Inc. ("Hunting Hills"), and, having been duly sworn, stated that the following is true to the best of his knowledge, belief and information: 1. That Hunting Hills is a Virginia corporation engaged in the business of owning and operating a country club facility including, inter alia, a private golf course in Roanoke County, Virginia. 2. That a portion of the property of Hunting Hills, being the 14th hole of the golf course, lies adjacent to Lot 4, Block 2, Section 1, Hunting Hills ("the property"), across the northerly portion of which there exists a 12 foot wide open drainage easement, which said easement has existed since or about January 25, 1966. 3. That for the period from January 25, 1966, until the summer of 1992, the easement aforesaid existed in a substantially unimproved condition, consisting of an open ditch running from Hunting Hills Drive along the northern portion of the property, terminating at a steep cliff and thereafter dropping a distance of approximately 20 to 30 feet to the level of the golf course; that for the said period of time, lasting in excess of 26 years, no damage was inflicted upon the golf course 1 i from the water flowing through the ditch and that at no time i during said period did the water flowing through said easement and onto the golf course do so with sufficient force or sufficient volume to deposit any silt or other debris onto the course. i 4. That during 1991 or 1992, the County of Roanoke made substantial improvements to the ditch, as a result of which, the volume and force of water flowing through the ditch i has been so greatly increased that since the improvements aforesaid the flow of water has deposited large quantities of silt, rock, clay and other debris onto the golf course, causing serious and substantial damage to the course, the repair cost for which and cost for prevention of future damage from which will cost Twenty Thousand Dollars ($20,000.00). 5. That by virtue of the foregoing, the County has unlawfully concentrated the flow of surface water onto the golf course, thereby creating a nuisance, for which Hunting Hills is entitled to file this claim. 6. That the County has investigated alternate remedies for the problem created by its improvement of the ditch but has discovered that none exist. WITNESS the following signature and seal this 13th day of May, 1994. SEAL Burton L. Albert 2 l SUBSCRIBED AND SWORN TO before me this 13th day of May, 1994. Its � � crZS'1•� Notary Public My Commission expires: ( - 30 -9 % 3 A-52494-11 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 1994 AGENDA ITEM: Work Session to Discuss Recommendations of the Leave Policies Team COUNTY ADMINISTRATOR'S COMMENTS: Ourmost recent report on County sick leave shows a slight decrease in sick leave usage. I believe that the review procedures put in place will inprove our usage. K not, I will ask staff to take further action to bring sick leave usage in line with the national average as requested by the Board. BACKGROUND Several months ago, the Board of Supervisors expressed an interest in the review of leave and holiday policies. The Board was particularly interested in reducing the amount of sick leave used by County employees and reviewing the County's policies on paternity leave and holidays. As a result of the Board's request, a fourteen member Team of County employees was formed to work on this issue. SUMMARY OF INFORMATION: Attached is the report of the Leave Policies Team. The Leave Policies Team Report provides recommendations on three major areas: opening County offices on certain non-traditional holidays; providing ways to reduce County average sick leave usage; and providing a recommendation on use of paid sick leave for paternity, extended maternity and adoptions. The Team recommendations are listed below. None of these recommendations are in conflict with The Federal Family and Medical leave Act which requires the County to provide up to twelve weeks of paid or unpaid leave per year for employees who qualify. County Offices Remaining Open on Non -Traditional Holidays One of the major obstacles to remaining open on non-traditional holidays is the inability of constitutional offices to access the State computer systems in order to conduct County business. The Leave Policies Team recommends that if the State's computer systems could be accessed, this should remove the constitutional officers' main objection to opening. Staff has contacted those State agencies involved and are awaiting their responses in order to determine whether access will be permitted to information systems on State holidays.. Should this obstacle be removed, those non- traditional holidays such as; Lee -Jackson -King Day, President's Day, Columbus Day and Veteran's Day are recommended by the Team to remain open. Employees would receive these holidays as "floating" holidays which could be taken at a later date. There may be some additional costs for operating and utilities if County offices are open on the non-traditional holidays. Costs have not yet been substantiated and are still being reviewed. However, at this time, I believe the costs would be minimal. Reduction of Sick Leave Usage The Team's recommendation on reducing sick leave has three components: (1) greater accountability and awareness of usage; (2) greater uniformity in application of sick leave policy; and (3) rewarding of prudent sick leave usage. In the report, the Leave Policies Team offers specific suggestions for dealing with high sick leave usage which provides that all levels of supervision become more involved and accountable for sick leave usage in their departments. The Team recognizes the importance of uniformity across departments in the application of sick leave policy. The Team also recommends a program to reward those employees who do not use their sick leave. Use of Sick Leave for Paternity, Extended Maternity and Adovtion With regard to use of sick leave for Paternity Leave, Extended Maternity and Adoptions, the Leave Policies Team recommends reducing this benefit from thirty days to twenty days. Family Sick Leave The Team also recommended that the Board of Supervisors consider increasing use of sick leave for family sickness from six days per fiscal year to ten days per fiscal year, and that the three day "per occurrence" restriction be removed. The Report includes a survey of family sick leave practices for eleven other localities, and the survey supports this increase. STAFF RECOMMENDATION: The Leave Policies Team has done an excellent job and I agree with most of their recommendations. My recommendations are as follows: 1. County Offices should -remain open on Lee -Jackson -King Day, President's Day, Columbus Day and Veteran's Day. These holidays will become floating holidays for County employees. 2. Reduce the use of Sick Leave allowed for Paternity, Extended Maternity and Adoption from thirty days to twenty days. ?- I 3. Increase the use of Sick Leave for Family Sickness from six days per fiscal year to ten days per fiscal year. 4. Establish procedures for management to review with their employees the use of sick leave at stated levels of usage. Respectfully submitted, al--- �� Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) to approve recommendations Eddy _ x Received ( ) #2, 3, and 4, of Leave Johnson _ x Referred ( ) Policies Team Kohinke — 'X To ( ) Minnix _ X_ Nickens �. cc: File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 1994 RESOLUTION 52494-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Brenda J. HolP on, Deputy Clerk cc: File Roanoke County Board of Supervisors Executive Session