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HomeMy WebLinkAbout8/22/2006 - Adopted Board RecordsACTION NO. A-082206-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request to appropriate lease purchase proceeds and expenditure of $3,564,057 for school energy management equipment SUBMITTED BY: Dr. Martin W. Misicko Director of Operations and Construction — Roanoke County Schools Penny A. Hodge Assistant Superintendent of Finance — Roanoke County Schools COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At their meeting on August 16, 2006, the School Board approved entering into a contract with Pepco Energy Services to install energy management equipment throughout the school district for a total cost of $3,854,057. The school system will provide an initial deposit of $290,000 from funds previously appropriated for replacement HVAC and boiler systems. The remaining $3,564,057 will be funded through a lease purchase agreement with Citimortgage, Inc. for a period of 10 years at an interest rate of 3.9725%. The Pepco project will be completed within 365 days per the contract and all funds will be expended from the escrow account within the required 18 months to satisfy current federal arbitrage rebate requirements. The lease is tentatively scheduled to close on September 5, 2006 with the first invoice from Pepco expected to be in mid-September. The School Board has authority to enter into this contract and lease purchase without County Board approval. This item is presented to appropriate the proceeds of the lease purchase and the expenditure of the funds. FISCAL IMPACT: The principal and interest payments on the lease purchase will be paid from savings in utility costs associated with the installation of energy efficient equipment by Pepco. Pepco guarantees a minimum level of utility savings sufficient to fund the lease payments each year for the next 10 years. If the guaranteed savings are not realized in any year of the lease term, Pepco will pay the unrealized savings to the school system. The savings calculations are based on baseline utility costs using the existing equipment compared to the projected cost after the energy efficient equipment is installed. Cost increases associated with increases in utility rates and/or expansions of school buildings are not included in these calculations. STAFF RECOMMENDATION: Staff recommends appropriating the lease purchase proceeds and expenditure of $3,564,057 for school energy management equipment. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Dr. Martin Misicko, Director, Operations Penny Hodge, Assistant Superintendent, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Dr. Martin Misicko, Director, Operations Penny Hodge, Assistant Superintendent, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A-082206-2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request to adopt the stormwater management project list for fiscal year 2006-2007 SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At a work session held on August 8, 2006, an overview of the stormwater management program was presented to the Board of Supervisors. Staff reviewed with the Board the history of the stormwater management program, flood plain management, environmental compliance, routine maintenance, and emergency projects previously approved. They also provided a new list of projects for consideration by the Board. Projects P-182 through P-297 were previously presented to and approved by the Board of Supervisors. The status of these projects is shown in Exhibit A labeled "Previously Approved Projects and Their Current Status", a copy of which is attached. Staff is now submitting projects P-298 through P-322 with maps and justifications for inclusion into the stormwater management program for fiscal year 2006-2007. The new projects are prioritized according to adopted County policy and are shown in Exhibit B, "Proposed Projects". Funding is available for projects remaining on the approved list as well as projects P-298 through P-312 on the new list. The remaining projects will be funded in fiscal year 2007- 2008. FISCAL IMPACT: No additional funding is being requested. STAFF RECOMMENDATION: Staff recommends approval of these additional drainage projects for inclusion into the stormwater management program. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 ORDINANCE 082206-3 CHAPTER 8.1 "EROSION AND SEDIMENT CONTROL" OF THE ROANOKE COUNTY CODE TO ADDRESS STEEP SLOPE DEVELOPMENT AND OTHER TECHNICAL AMENDMENTS WHEREAS, in 2005 the Roanoke County Board of Supervisors adopted revisions to the Roanoke County Community Plan which suggest developing guidelines and regulations for steep slope development; and WHEREAS, Roanoke County Community Development staff researched slope development ordinances from across the United States and interviewed experts in the fields of geology, civil engineering, geotechnical engineering and urban planning; and WHEREAS, on July 10, 2006, the Roanoke County Planning Commission adopted a resolution recommending that the Board of Supervisors adopt these amendments to Chapter 8.1 of the Roanoke County Code; and WHEREAS, on July 25, 2006, the Roanoke County Planning Commission and Board of Supervisors met in work session with County staff to review the proposed amendments; and WHEREAS, the first reading of this ordinance was held on August 8, 2006, and the second reading was held on August 22, 2006. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That Chapter 8.1 "Erosion and Sediment Control" be amended to read and provide as follows: [NOTE: Slope Amendments: Yellow Highlight DCR Required Amendments: and red text] Chapter 8.1 EROSION AND SEDIMENT CONTROL AND STEEP SLOPE DEVELOPMENT Sec. 8.1-1. Title, purpose and authority. This chapter shall be known as the "Erosion and Sediment Control and Steep Slope Development Ordinance of the County of Roanoke, Virginia." The purpose of this chapter is to conserve the land, water, air and other natural resources of the county by establishing requirements for the control of erosion and sedimentation, and by establishing requirements for development of steep slopes, and by establishing procedures whereby these requirements shall be administered and enforced. This Chapter is authorized by the Code of Virginia, Title 10. 1, Chapter 5, Article 4 (Sec. 10.1-560 et seq.), known as the Virginia Erosion and Sediment Control Law. Sec. 8.1-3. Definitions. As used in this chapter, unless the context requires a different meaning: Agreement in lieu of a plan means a contract between the plan -approving authority and the owner which specifies conservation measures which must be implemented in all construction disturbing between two thousand five hundred (2,500) square feet and five thousand (5,000) square feet and/or two hundred fifty (250) to five hundred (500) cubic yards; this contract may be executed by the plan -approving authority in lieu of a formal site plan. Applicant means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land - disturbing activities to commence. Board means the state soil and water conservation board. Certified inspector means an employee or agent of a program authority who holds a certificate of competence from the board in the area of project inspection. Certified plan reviewer means an employee or agent of a program authority who: (1) Holds a certificate of competence from the board in the area of plan review; 2 (2) Is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to article 1 (Code of Virginia, § 54.1- 400 et seq.) of chapter 4 of title 54.1. Certified program administrator means an employee or agent of a program authority who holds a certificate of competence from the board in the area of program administration. Clearing means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. Conservation plan, erosion and sediment control plan or plan means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. County means the County of Roanoke. Denuded means a term applied to land that has been physically disturbed and no longer supports vegetative cover. Department means the department of conservation and recreation. Development means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units. Director means the director of community development or his assignee. District or soil and water conservation district refers to the Blue Ridge Soil and Water Conservation District. Dormant refers to denuded land that is not actively being brought to a desired grade or condition. Erosion impact area means an area of land not associated with current land disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of ten thousand (10,000) square feet or less used for residential purposes. Excavating means any digging, scooping or other methods of removing earth materials. 3 Filling means any depositing or stockpiling of earth materials. Geotechnical Report means a report provided at the applicant's expense, prepared and stamped by a Professional Engineer, that communicates site conditions, and recommends design and construction methods. (1) The Geotechnical Report shall include any or all of the following basic information, as determined by the Professional Engineer: a) Summary of all subsurface exploration data, including subsurface soil profile, exploration logs, laboratory or in situ test results, and ground water information; b) Interpretation and analysis of the subsurface data; c) Specific engineering recommendations for design; d) Discussion of conditions for solution of anticipated problems; and e) Recommended geotechnical special provisions. (2) For guidance in investigating site conditions and preparing geotechnical reports, the Professional Engineer may refer to all applicable sections of: "Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications", US Department of Transportation, Federal Highway Administration Publication No. FHWA ED -88-053, as amended. (3) The Geotechnical Report shall be submitted to the plan -approving authority and included in site development files prior to issuance of a land disturbing permit. Grading means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. Land -disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include: (1) Minor land -disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; (2) Individual service connections; (3) Installation, maintenance, or repairs of any underground public utility lines when such activity occurs on an existing hard -surfaced road, street or sidewalk provided such land -disturbing activity is confined to the area of the road, street or sidewalk which is hard -surfaced; 2 (4) Septic tank lines or drainage fields unless included in an overall plan for land -disturbing activity relating to construction of the building to be served by the septic tank system; (5) Surface or deep mining; (6) Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site disposal areas; (7) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of chapter 11 (Code of Virginia § 10.1- 1100 et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in subsection B of Code of Virginia § 10.1-1163; (8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (9) Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, article 2 (§ 10.1-604 et seq.) of chapter 6 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; (10) Disturbed land areas for all uses of less than two thousand five hundred (2,500) square feet and/or less than two hundred fifty (250) cubic yards in size; (11) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (12) Emergency work to protect life, limb or property, and emergency repairs; provided that if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan -approving authority. 5 Land disturbing permit means a permit issued by the county for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any purpose set forth herein. Local erosion and sediment control program or program means an outline of the various methods employed by the county to regulate land -disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Permittee means the person to whom the permit authorizing land -disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity. Plan -approving authority means the department of community development which is responsible for determining the adequacy of a conservation plan submitted for land -disturbing activities on a unit or units of lands and for approving plans. Post -development refers to conditions that may be reasonably expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. Pre -development refers to conditions at the time the erosion and sediment control plan is submitted to the plan -approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion and sediment control plan for the initial phase is submitted for approval shall establish pre -development conditions. Program authority means the county which has adopted a soil erosion and sediment control program approved by the board. Responsible land disturber means an individual from the project or development team, who will be in charge of and responsible for carrying out a land -disturbing activity covered by an approved plan or agreement in lieu of a plan, who: (1) Holds a responsible land disturber certificate of competence; M. (2) Holds a current certificate of competence from the board in the areas of combined administration, program administration, inspection or plan review; (3) Holds a current contractor certificate of competence for erosion and sediment control; or (4) Is licensed in state as a professional engineer, architect, certified landscape architect or land surveyor pursuant to article 1 (§ 54.1-400 et seq.) of chapter 4 of title 54.1. Single-family residence means a noncommercial dwelling that is occupied exclusively by one family. Steep slope means a slope greater than 3:1, or 33.3%. Stabilized means an area that can be expected to withstand normal exposure to atmospheric conditions without incurring erosion damage. State waters means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdictions. Town means the incorporated Town of Vinton. Transporting means any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. (Ord. No. 012704-9, § 2, 1-27-04) Sec. 8.1-6. Regulated land -disturbing activities; submission and approval of plans; contents of plans. (a) CVnept as previded heroin Except as provided herein, no person may engage in any land -disturbing activity until he or she has submitted to the Department of Community Development an erosion and sediment control plan for the land -disturbing activity and such plan has been approved by the plan -approving authority. Where land - disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be 7 submitted to the Board for review and approval rather than to each jurisdiction concerned. (1) Where the land -disturbing activity results in between two thousand five hundred (2,500) square feet and five thousand (5,000) square feet and/or two hundred fifty (250) to five hundred (500) cubic yards of disturbed area, an "agreement in lieu of a plan" may be substituted for an erosion and sediment control plan if executed by the plan -approving authority. (2) Where the land -disturbing activity results in between five thousand (5,000) square feet and ten thousand (10,000) square feet and/or five hundred (500) to seven hundred fifty (750) cubic yards of disturbed area, either a plot plan prepared by a certified responsible land disturber or an engineered plan prepared by a professional engineer showing the erosion and sediment control measures must be submitted and executed by the plan -approving authority. A certified responsible land disturber must be named. (3) Where the land -disturbing activity results in ten thousand (10,000) square feet or more and/or seven hundred fifty (750) cubic yards or more of disturbed area, an erosion and sediment control plan must be submitted which has been prepared by a professional engineer. For disturbed areas of less than ten thousand (10,000) square feet, refer to the chart below to determine requirements for the site. Square Feet And/Or Cubic Yards Requirements <2,500 0 Exempt from E&S Plan; *building permit plot plan required 2,500--5,000 250--500 "Agreement in Lieu" of a plan; permit fee; "building permit plot Ian required 5,000--10,000 500--750 Certified RLD, *building permit plot plan by a certified RLD or a P. E.; permitfee >10,000 >750 RLD, Erosion and sediment control plan prepared by a P.E.; agreement; surety; a *building permit plot plan, if required by the building commissioner (b) *Refer to the Virginia Uniform Statewide Building Code for Building Permit Plot Plan Requirements. (c) If lots in a subdivision are sold to another owner, that person is responsible for obtaining a certified responsible land disturber and submitting a plot plan for each lot to obtain an erosion and sediment control permit. (d) The standards contained with the "Virginia Erosion and Sediment Control Regulations," and The Virginia Erosion and Sediment Control Handbook and those more stringent local stormwater management criteria which the Board of Supervisors of the County, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Design and Construction Standards Manual" are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. In cases where one standard conflicts with another, the more stringent applies. The plan approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. The plan approving authority may waive or modify any of the regulations that are deemed inappropriate or too restrictive for site conditions by granting a variance under the conditions noted in 4VAC50-30-50 of the Virginia Erosion and Sediment Control Regulations. (e) The plan approving authority shall grant written approval within 45 days of the receipt of the plan, if it is determined that the plan meets the requirements of the local control program, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this chapter. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within forty-five (45) days. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken by the plan -approving authority within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. (f) Responsible land disturber requirement. As a prerequisite to engaging in the land -disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence, to the program authority, as provided by section 10.1-561, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land -disturbing activity (the responsible land disturber). Failure to provide the name of an individual holding a certificate of competence prior to engaging in land -disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this chapter. However, the plan -approving authority may waive the certificate of competence for an "Agreement in Lieu of a Plan" for construction of a single-family residence meeting the requirements in 8.1-3(t)(10) of this chapter. If a violation occurs during the land - disturbing activity, then the person responsible for carrying out the "Agreement in Lieu of a Plan" shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by section 10.1-561 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of an individual holding a certificate of competence shall be a violation of this chapter and may result in penalties provided in this chapter. (g) An approved plan may be changed by the plan approving authority when: 9 (1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or (2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan approving authority and the person responsible for carrying out the plan. (h) In order to prevent further erosion, the county may require approval of a conservation plan for any land identified in the local program as an erosion impact area. (i) When land -disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion control plan shall be the responsibility of the owner. G) they shall be GORSi leFeexemnt fFem the .,F9.,;6'GRG Gf thieGhapteF--Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the Board for review and written comments. The specifications shall apply to: (1) Construction, installation or maintenance of electric transmission, natural gas and telephone utility lines, and pipelines; and (2) Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. Individual approval of separate projects within subdivisions 1 and 2 of this subsection is not necessary when Board approved specifications are followed, however, projects included in subdivisions 1 and 2 must comply with Board approved specifications. Projects not included in subdivisions 1 and 2 of this subsection shall comply with the requirements of the Roanoke County erosion and sediment control ordinance. The Board shall have 60 days in which to approve the specifications. If no action is taken by the 9Board within 60 days, the specifications shall be deemed approved. The Board shall have the authority to enforce approved specifications. 10 (k) State agency projects are exempt from the provisions of this chapter, pursuant to Code of Virginia, § 10.1-564. (1) If the grade of a site is more than thirty-three and one-third (33.3) percent, refer to the International Building Code for steep slope development requirements. (Ord. No. 012704-9, § 2, 1-27-04) (m) Cut slopes or fill slopes shall not be greater than 2:1 (horizontal:vertical), unless a geotechnical report is provided for the proposed slopes. (n) Cut slopes or fill slopes shall not be greater than 25 vertical feet in height, unless a geotechnical report is provided for the proposed slopes. Cut slopes or fill slopes less than or equal to 3:1 (horizontal:vertical) may exceed 25 vertical feet in height and shall not require a geotechnical report. (o) For any cut slopes or fill slopes greater than or equal to 2:1 (horizontal:vertical) and greater than or equal to 25 vertical feet in height, as -built plans showing that the finished geometry is in substantial conformity with the design shall be provided to the plan -approving authority. (p) Fill materials, compaction methods and density specifications shall be indicated on the site development plans. Fill areas intended to support structures shall also be indicated on the site development plans. Compaction test results (per VDOT standards) shall be submitted to the plan approving authority. (q) Development plans for all new subdivisions shall show proposed lot grades to ensure positive drainage. Sec. 8.1-8. Monitoring, reports, and inspections. (a) The County may require the person responsible for carrying out the plan and/or the responsible land disturber to monitor and maintain the land -disturbing activity. The responsible land disturber will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. (b) The department of community development 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. If the director of community development or his assignee determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee, person responsible for carrying out the plan or the 11 responsible land disturber by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land - disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. (c) Upon determination of a violation of this chapter, the Director of Community Development or his assignee may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land -disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land -disturbing activities have commenced without an approved plan or proper permits, the director of community development or his assignee may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land -disturbing and/or construction activities be stopped until an approved plan or any required permits are obtained. Failure to comply will result in civil penalties as outlined in section 8.1-9 of this chapter. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land -disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the Director of Community Development or his assignee may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the County. The owner may appeal the issuance of an order to the Circuit Court of the County. Any person violating or failing, neglecting or refusing to obey an order issued by the director of community development or his assignee may be compelled in a proceeding instituted in the circuit court of the county to obey same and to comply therewith by injunction, M mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the director of community development or his assignee from taking any other action authorized by this chapter. 2. That this ordinance shall be in full force and effect from and after November 1, 2006, and that this effective date shall apply to development plans which have been accepted for review by the Community Development Department prior to November 1, 2006; provided said plans in the review process receive final approval by the County within sixty (60) days of November 1, 2006. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None AOPY TESTE: Z//-? 16 , � g djiel'�I) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Doris J. Johnson, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) 13 Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue `E! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 22, 2006 ORDINANCE 082206-4 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS, "GOODE PARK" (TAX MAP NO. 61.01-1-3) TO PROVIDE ELECTRIC SERVICE FOR KTP, LLC, VINTON MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 15.69 acres off Goode Park Road in the Town of Vinton designated on the Roanoke County Land Records as Tax Map No. 61.01-1-3 and known as "Goode Park"; and WHEREAS, KTP, LLC, a mini storage facility, has requested the conveyance of an easement across this property to provide for the extension of electrical service to their property which is adjacent Goode Park; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on August 8, 2006; and the second reading was held on August 22, 2006. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the extension of electric service to the mini storage facility of KTP, LLC. 2. That conveyance to Appalachian Power Company of the easement shown and described as "Proposed New Pole and Proposed 10' Easement" on a plat entitled "Proposed Right of Way on the Property of the Board of Supervisors of Roanoke County" prepared by Appalachian Power Company, dated 5/15/06, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A QPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Paul Mahoney, County Attorney 2 rl OD .� - J H N a x W W3 O CL Q a � Zwl:(NU QwnN, 0 W Hot a + C3 0 0 N__ ._..j 3 0 � o O o A �I- zo a 00.0 C? U r N o x Y oLA. _ CL Z %D ❑Aao aa�ra p LL. A 13 x W Q z F- F- � o az0 OD N Y A Z W W N X 0'1' CL oQ � W a. 0 N Li ZZ � J ofy x W w3 0 IL z -zz - _ ' 3M OD Zwl:(NU M,D `NOLQ 0 N oar Q 4 v� 0 � rs N r2 0 O 0 0 V � O ) C3Vo } J p w w o ?¢" 811-1QR �JN a� o O LL DpYo d p x a aOLU Q m Z � � N O } a0 H n Z n UOo U 0 y UJ LO d N 0 Oa0 cr m� �ON� 6 � � :Z, N ~w°w.8 �aLL0 ) w w o ?¢" 811-1QR $ O LL g aOLU ; Q m Z � � N O } a0 H n Z n UOo U 0 y UJ LO d N 0 Oa0 cr m� ACTION NO. A-082206-5 ITEM NUMBER 1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request to approve operational guidelines for the Capital Improvement Program (CIP) Review Committee SUBMITTED BY: Brent Robertson Director of Management & Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Capital Improvement Program (CIP) Review Committee was formed in September 2003 to review annual capital project requests of County staff and to make recommendations on capital planning priorities for the Board of Supervisors' consideration during the budget development process. This process allows a diverse perspective of the capital needs of Roanoke County. At the suggestion of the Board, staff has revised the operational guidelines for the CIP Review Committee by adding a section that addresses appointments and terms (Section E). The additions stipulate the duration of appointment, the maximum number of consecutive terms that can be served, and the desire to stagger the terms of committee members. These guidelines are attached for your review. STAFF RECOMMENDATION: Staff recommends approval of the proposed CIP Review Committee operational guidelines. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management & Budget Cathy Tomlin, Budget Manager 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Brent Robertson, Director, Management & Budget Cathy Tomlin, Budget Manager 2 County of Roanoke Capital Improvement Program (CIP) Review Committee Operational Guidelines A. PURPOSE: To allow a diverse perspective of the capital needs existing in Roanoke County. This committee will draw upon its wide range of knowledge and expertise to review submitted projects and make recommendations on priorities for the Board of Supervisors' consideration during the budget development process. B: DUTIES: Review capital project summaries, interview department heads on submitted projects, and participate in site visits as warranted. Rank submitted projects based on approved ranking criteria. Develop prioritized grouping of recommended capital projects to be reviewed by the Board of Supervisors. C: MEETING SCHEDULE: As needed. D: MEMBERS: Membership is to consist of members of County -appointed commissions/boards, Board -appointed representatives for each magisterial district, citizens, and administrative staff. Representation of the Planning Commission, Parks, Recreation and Tourism Advisory Commission, Library Board, Economic Development Authority (EDA) Board, and Public Safety are to be included. E: APPOINTMENTS AND TERMS: Appointment is for a one-year term beginning September 1 and expiring on August 31 of each year. Members of the Committee may be re -appointed to consecutive terms; however, 3 consecutive terms is deemed the maximum that can be served. It is the Board's intention to stagger terms to ensure operational continuity is maintained while adding fresh perspectives on a regular basis. Deviation from this understanding requires consensus agreement from the Board of Supervisors. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 RESOLUTION 082206-6 AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for August 22, 2006, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of minutes —August 8, 2006 2. Request from the schools to accept and appropriate reimbursements and state funds in the amount of $253,335.19 3. Request to accept and appropriate grant funds in the amount of $142,719 from the Department of Criminal Justice Services for a juvenile and delinquency prevention program 4. Resolution of appreciation to Sherman L. Hopkins, General Services, upon his retirement after seven years of service 5. Request from the Library Department to appropriate state funds in the amount of $11,048 for fiscal year 2006-2007 6. Request to accept the donation of a new variable width public drainage easement situated on Lots 6 through 10, Section 15, Samuel's Gate at The Orchards subdivision, from F&W Community Development Corp., Hollins Magisterial District 7. Confirmation of committee appointments 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: Diane S. Childers, CNIC Clerk to the Board of Supervisors cc: File Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Dan O'Donnell, Assistant County Administrator John Chambliss, Assistant County Administrator Brent Robertson, Director, Management & Budget Diana Rosapepe, Director, Library Services Joe Obenshain, Senior Assistant County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning ACTION NO. A -082206-6.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request from the schools to accept and appropriate reimbursements and state funds in the amount of $253,335.19 SUBMITTED BY: Dr. Lorraine Lange Superintendent APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following funds: The laptop initiative provides a laptop computer to all Roanoke County students in grades 9-12 for use in school and at home. Staff projects revenue of $150,000 will be paid to the school system during the 2006-2007 school year for school labor under the warranty reimbursements. The warranty covers repairs for four years and students are responsible for deductibles under the Dell warranty. The warranty reimbursements will be used to support the laptop program. 2. The Virginia Department of Education provides Roanoke County Schools with an annual Carl Perkins ACT entitlement for career and technical education. Roanoke County will receive an increase in the 2007 fiscal year entitlement of $2,908.19. 3. Each year the Virginia Department of Education (DOE) provides adult basic education funds for each local school division. The funds are used to provide GED preparation, adult basic education, and English as a Second Language (ESL) classes for adults in Roanoke County. The school division will receive $89,777 for the 2006-2007 school year. 4. The Project Graduation Summer Academy is funded by the Virginia Department of Education. The academy is a remedial program designed to help seniors get the verified credits necessary for graduation. Montgomery County was the Region VI fiscal agent for the grant, but has relinquished that role and Roanoke County applied for their share of the grant funds for summer 2006. The DOE has allocated $10,650 for the summer 2006 Project Graduation Summer Academy. FISCAL IMPACT: The laptop budget will be increased by $150,000. • The career, technical and adult education budget will be increased by $92,685.19 (items 2 and 3). • The remediation budget will be increased by $10,650. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of funds in the amount of $253,335.19 as outlined above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A -082206-6.b ITEM NO. J- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request to accept and appropriate grant funds in the amount of $142,719 from the Department of Criminal Justice Services for a juvenile justice and delinquency prevention program SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County has received notification of a grant award from the Department of Criminal Justice services (DCJS) in the amount of $142,719 to continue a Functional Family Therapy program for Roanoke County families in need. The award is the third year of a five-year program. The goal of this program is to provide intensive in-home therapy services for juveniles who otherwise would be faced with out -of home placements at a far greater cost. This is an evidence based program that has proven successful in other localities. Blue Ridge Behavioral Healthcare will be providing the counseling services and the County will serve as fiscal agent. The grant is renewable for 2 additional years. There is no local match for this fiscal year. In FY08 there would be a 25% local match and in FY09 there would be a 50% local match should the County wish to continue the program for those years. If the program proves not to be successful, it can be cancelled after this fiscal year. The program does however have a source of income as Blue Ridge Behavioral Healthcare is able to bill insurance and/or Medicaid for a portion of the services provided. The plan is to identify alternative sources of funding, which will include payments from insurance and/or Medicaid, to cover the 25% local match in FY08 and the 50% local match in FY09. This program will be coordinated with the Community Policy Management Team (CPMT) process. FISCAL IMPACT: As there is no direct match for this fiscal year and the intent of the program is to decrease the costs of out of home placements, there will be positive fiscal impact for the County. We do not anticipate a negative fiscal impact in FY08 or FY09 as we plan to identify alternative sources of funding for the local match required in those years. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the grant award from DCJS and appropriate the funds. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Dan O'Donnell, Assistant County Administrator John Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance James Sikkema, Blue Ridge Behavioral Healthcare Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Dan O'Donnell, Assistant County Administrator John Chambliss, Assistant County Administrator Rebecca Owens, Director, Finance James Sikkema, Blue Ridge Behavioral Healthcare 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 RESOLUTION 082206-6.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SHERMAN L. HOPKINS, GENERAL SERVICES, UPON HIS RETIREMENT AFTER SEVEN YEARS OF SERVICE WHEREAS, Sherman L. Hopkins was first employed by Roanoke County on October 1, 1998, as an automotive mechanic in the General Services Department; and WHEREAS, Mr. Hopkins retired from Roanoke County on August 1, 2006, as a solid waste equipment operator in the Solid Waste Division of the General Services Department after seven years and ten months of service; and WHEREAS, Mr. Hopkins was an outstanding employee and exemplified the highest standards of positive public service; and WHEREAS, Mr. Hopkins, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to SHERMAN L. HOPKINS for more than seven years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None AOPY TESTE: -/? IQ ) S . 1&,0) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File 2 ACTION NO. A -082206-6.d ITEM NUMBER J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 22, 2006 Request from the Library Department to appropriate state funds in the amount of $11,048 for fiscal year 2006-2007 Brent Robertson Director of Management & Budget Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The final state budget includes an appropriation of $204,048 in grants for Roanoke County Libraries in FY 2006-2007. The budget was adopted at $193,000 based on preliminary estimates. This request is to appropriate the additional state grant funds in the amount of $11,048 to the fiscal year 2006-2007 Library budget. The additional funds will be used to increase expenditures for book purchases. FISCAL IMPACT: This action will increase revenues from the state by $11,048 and add an additional $11,048 to the FY 2006-2007 Library budget. STAFF RECOMMENDATION: Staff recommends appropriation of $11,048 to the FY 2006-2007 Library budget to reflect final state budget allocations. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management & Budget Diana Rosepepe, Director, Library Services Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Brent Robertson, Director, Management & Budget Diana Rosepepe, Director, Library Services Rebecca Owens, Director, Finance 2 ACTION NO. A -082206-6.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Request to accept the donation of a new variable width public drainage easement situated on Lots 6 through 10, Section 15, Samuel's Gate at The Orchards subdivision, from F&W Community Development Corp., Hollins Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors of Roanoke County for a new variable width drainage easement in Section 15, Samuel's Gate at The Orchards subdivision in the Hollins Magisterial District of the County of Roanoke: Donation by F&W Community Development Corp, of a public drainage easement, variable in width, across five lots situated along Crumpacker Drive and a future extension of Morning Glory Drive. The location of said easement is shown on a plat entitled "Plat Showing Variable Width Public Drainage Easement situated on Lots 6 through 10, Section 15, Samuel's Gate at The Orchards (P.B. 29, Pg. 101) being granted to The County of Roanoke, VA by F & W Community Corp., along Crumpacker Drive, Hollins Magisterial District, Roanoke County, Virginia" dated May 17, 2006, prepared by Lumsden Associates, P.C., a copy of which is attached as Exhibit A. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of the easement. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Joe Obenshain, Senior Assistant County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Planning Philip Thompson, Deputy Director, Development 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Joe Obenshain, Senior Assistant County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Planning Philip Thompson, Deputy Director, Development 2 n n > m rw O +Dor A4'� iJ u ( x N A �c y n i pp ► 3_9r;r£q• s C t ,torsr So t P4 sD. n t� cv) to -millt 1 I I O a t I `� 3 �Z.91.►► 5 R CO, I ff_99! xtr ins N� o to' � Im i; ti t o 0 y a ,tssti! b� nm����� 0000000$ c `zz o�o0v �C)=�� 2 0 ;q o.c„wwa�o �2 b � ��;10Ln a y: x cnnm zvoiao� a �: �O nZ q k CAP S lot EXHIBIT A 05100ttmt•ssmt ACTION NO. A -082206-6.f ITEM NO. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 22, 2006 AGENDA ITEM: Confirmation of committee appointments SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) Supervisor Wray nominated James T. Anderson, Cave Spring Magisterial District, to serve an additional one-year term that will expire on August 31, 2007. He requested that confirmation of this appointment be placed on the consent agenda. Supervisor Altizer nominated Charles Wertalik, Vinton Magisterial District, to serve a one- year term that will expire on August 31, 2007. He requested that confirmation of this appointment be placed on the consent agenda. 2. Parks, Recreation, and Tourism Advisory Commission (Appointed by District) Supervisor Flora nominated Randy Smith, Hollins Magisterial District, to fill the unexpired portion of the term of Terry Harrington who resigned on May 18, 2006. This three-year term will expire on June 30, 2007. He requested that confirmation of this appointment be placed on the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Capital Improvement Program Review Committee File Parks, Recreation, & Tourism Advisory Commission File 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Capital Improvement Program Review Committee File Parks, Recreation, & Tourism Advisory Commission File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 RESOLUTION 082206-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: ////Ilh A Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 ORDINANCE 082206-8 GRANTING A SPECIAL USE PERMIT FOR CONSTRUCTION OF AN ACCESSORY APARTMENT LOCATED ON .387 ACRE AT 2923 EMBASSY DRIVE (TAX MAP NO. 36.19-1-23) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF AMINA AL -HINDI AKA AMINA AL-HABASITY WHEREAS, Amina AI -Hindi aka Amina AI-Habashy has filed a petition for a special use permit for construction of an accessory apartment located on .387 acre located at 2923 Embassy Drive (Tax Map No. 39.19-1-23) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on August 1, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 27, 2006; the second reading and public hearing on this matter was held on August 22, 2006. NOW, THEREFORE, BE IT RESOLVED 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 Amina AI - Hindi aka Amina AI-Habashy for construction of an accessory apartment located at 2923 Embassy Drive in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) The location of the accessory apartment shall be limited to the basement of the principal structure. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 Church to adopt the ordinance with condition #2 removed, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 Applicants Name: Amina Al -Hindi (Al-Habashy) Roanoke County Existing Zoning: R1 Proposed Zoning: R 1 Department of Tax Map Number: 036.19-01-23.00-0000 Community Development Magisterial District: Catawba Ares: 0.387 Acres AAA V 7A 7AAG C+., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 22, 2006 ORDINANCE 082206-9 REVOKING A SPECIAL USE PERMIT AND REMOVING THE CONDITIONS ON APPROXIMATELY 1.9 ACRES LOCATED AT 6044 PETERS CREEK ROAD (PART OF TAX MAP NO. 26.16-2-14) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF JESSE JONES WHEREAS, Vision Builders, LLC was granted a special use permit with conditions to operate a convenience store on approximately 1.9 acres located at 6044 Peters Creek Road (Part of Tax Map No. 26.16-2-14) in the Hollins Magisterial District by Ordinance 082305-6 adopted by the Board on August 23, 2005; and WHEREAS, Jesse Jones, the owner of this property, has filed a petition to remove the special use permit and the conditions placed on this property by Ordinance 082305-6; and WHEREAS, the Planning Commission held a public hearing on this matter on August 1, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on July 25, 2006; the second reading and public hearing on this matter was held on August 22, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board REVOKES the special use permit to operate a convenience store on 1.9 acres located at 6044 Peters Creek Road (Part of Tax Map No. 26.16-2-14) in the Hollins Magisterial District and REMOVE the following conditions: 1. All building, including gas island canopy, exterior walls shall be brick, horizontal slate or vertical board and batten siding (materials shall be either wood, fiber cement or vinyl material) from grade to eave. 2. The store roof will have articulation in the form of dormers, cupola or similar designs. 3. Colors used in all exterior building materials including the canopy will be subdued and will not be bright. 4. Canopy over gas pump island — Shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches. 5. Canopy over gas pump island — There shall be no illumination of any portion of the fascia of the canopy. 6. Canopy over gas pump island — Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. 7. Canopy over gas pump island — The vertical dimension of the fascia of such canopy shall be no more than two (2) feet. 8. Canopy over gas pump island — Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 9. Site Signage — Freestanding signage shall be limited to monument style not exceeding eight (8) feet in height and ten (10) feet in width, and shall be constructed of material to match the buildings and canopy. Freestanding signs shall be ground lit or top lit with shielded lamps. Signage placed on the building(s) shall occupy less than 5% of the building fagade area. 10. Lighting — The top of any light fixture shall not exceed 15 feet. 11. Dumpster — The sides and rear of the dumpster enclosure shall be constructed of material to match the buildings and canopy. 12. Dumpster — Shall not be emptied between the hours of 10:00pm and 7:00am. 4 13. Screening and Buffering — Buffer yard shall be a minimum of fifty (50) feet wide along the entire length of the northeast property boundary. 14. No outside speaker system shall be utilized on site. 15. Building(s) height shall not exceed twenty-five (25) feet. 16. Hours of operation shall be between 6:00 a.m. and 11:00 p.m. 17. No access shall be allowed from Nover Avenue or Vivian Avenue. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: , � - 19,,]) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 3 7 Roanoke County Department of Community Development Applicants Name: Jesse Jones ` Existing Zoning: US Proposed Zoning: C2 Tax Map Number.- 26.16-2-14 (portion oo Magisterial District; Hollins Area: 1.9Acres 1 inch equals 428.810720 WI Jufy 12, 2006