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
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, 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
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, 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
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DEPARTMENT OF PLANNINTG PETMONER: Pediatric Associates
AND ZONING TAX MAP #: 76.16-1-40.1
G. -
REQUEST. C -1c to C -1c Amend Conditions
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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
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TAX MAP #:
95.02-2-59
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Convenience Store with Gasoline
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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
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TAX MAP #: 26.18-1-7, -8, -9, -10, -11, -12.1
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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
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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