HomeMy WebLinkAbout8/26/2003 - Regular
August 26, 2003
749
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 26, 2003
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of August, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. “Butch”
Church; H. Odell “Fuzzy” Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator;Paul M. Mahoney,
County Attorney; Brenda J. Holton, Deputy Clerk to the
Board; John M. Chambliss, Assistant County Administrator;
Dan O’Donnell, Assistant County Administrator; Diane D.
Hyatt, Chief Financial Officer
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Bill Booth, Vinton Baptist Church.
The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge requested that an item be added to the Closed Meeting
August 26, 2003
750
pursuant to Code of Virginia Section 2.2-3711 A (1) to discuss consideration and
evaluation of the performance of specific County personnel.
Mr. Mahoney requested the deletion of the Closed Meeting item pursuant
to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel pertaining to
pending litigation, namely settlement with Southern Properties.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring August 29, 2003 as the fourth annual
“Hokie Pride Day” in Roanoke County
Chairman McNamara presented the proclamation to Mr. Pat Green, who
accepted on behalf of the Roanoke Valley Hokie Club.
2. Certificate of recognition to Lynn Payne, Hidden Valley Middle
School, for being named Roanoke County Teacher of the Year
Chairman McNamara presented the certificate to Ms. Payne. Also present
were Dr. Linda Weber, Superintendent of Schools; Dr. Lorraine Lange, Assistant
Superintendent of Schools; and Dr. B. J. Brewer, Principal, Hidden Valley Middle
School.
3. Recognition of Roanoke County for receiving the E2 award
from the Department of Environmental Quality and update on
the Environmental Management System
Ms. Anne Marie Green, Director of General Services, introduced Tom
Griffith, Outreach Coordinator, Department of Environmental Quality (DEQ); Steve
August 26, 2003
751
Dietrich, Director of the West Central Region, DEQ; Jim Shaarsmith, County Consultant;
and Jim Vodnik, Assistant Director of General Services and County Environmental
Manager.
Ms. Green advised that the Board adopted an environmental policy in
August 2001 which was the first step toward implementing an Environmental
Management System (EMS). A team of employees has been working to create and
implement this system with the goal of becoming ISO 14001 compliant which is an
international environmental standard achieved by top performing organizations and
represents a significant commitment to environmental protection and pollution
prevention.
Ms. Green reported that the County has accomplished the first step
towards this goal and has been recognized by the DEQ as an Environmental Enterprise
(E2) participant in the Virginia Environmental Excellence Program. This allows the
County to receive additional assistance and information from DEQ, and qualifies the
County to advance to the more comprehensive E3 program. Few localities in Virginia
have qualified for the E2 program and to date, only one has qualified at the E3 level.
Ms. Green identified four areas where the County significantly impacts the
environment: energy use, solid waste, vehicle use, and hazardous waste and chemical
use. Objectives and targets are currently being implemented to reduce the County’s
impact in these areas. As a result of the EMS process, the County has already begun
to recognize savings on energy consumption. Over the last 12 months, the energy bills
August 26, 2003
752
at the Kessler Mill Road facility have been reduced by over 22%, while the consumption
at the Administration Center has been reduced by 10% over the past four months. This
represents almost $10,000 in actual savings plus a cost avoidance savings because of
the increase in electric rates from American Electric Power in the interim period.
Ms. Green advised that as part of the environmental review process, a
potentially significant event has already been prevented with the discovery and
remediation of an underground storage tank located at the County garage. Through the
E2 program, the County qualified for a single point of contact with DEQ, which allowed
the County to move quickly through the remediation process.
Ms. Green advised that the next step of implementation will include
general awareness training for employees including a brochure and video, and there will
be additional follow through on the objectives and targets already set out in the
program. She advised that Mr. Griffith and Mr. Dietrich would present the award.
Mr. Griffith advised that the Office of Pollution Prevention in Richmond is a
non-regulatory program within the DEQ Department and promotes innovative voluntary
approaches to furthering environmental management. Pollution prevention is an
environmental management technique which emphasizes the elimination of waste at the
source. The County’s EMS is a process efficiency tool and a systematic approach to
always looking for pollution prevention solutions to waste management issues. He
congratulated the County upon receiving this award and thanked the Board for their
support. The Virginia Environmental Excellence Program was developed by DEQ in
August 26, 2003
753
conjunction with various members of business and industry who have already seen the
need for ISO certification and the merits of an EMS.
Mr. Griffith advised that Mr. Dietrich is responsible for environmental
quality in this region and that the DEQ region and agency are evaluated by the quality of
the environment in this region. He stated that Mr. Dietrich has been involved in the
regulatory side of DEQ for ten years, but his approach now to environmental
management is non-traditional. He thanked Mr. Dietrich for his support of the program.
Mr. Dietrich advised that the Virginia Environmental Excellence Program is
a DEQ program that provides incentives for companies that are taking steps to better
the environment. Governor Warner, Secretary of Natural Resources Tayloe Murphy,
and DEQ are dedicated to non-traditional approaches to environmental management
that rewards innovation and voluntary leadership. This program is an example of how
DEQ can work with and not against the community to improve the environment and
achieve higher goals without regulatory compliance. By embracing the concept of going
beyond compliance, the long-term goal should be no impact on the environment. Mr.
Dietrich stated that DEQ is recognizing Roanoke County today as a leader and partner
in their own efforts to protect the environment. Since DEQ will not have to be
concerned with regulatory enforcement activities for the County and other forward-
thinking localities that are developing EMS systems, this allows DEQ the opportunity to
pursue other facilities that are not taking care of the environment. He thanked the
County for its dedication to environmental stewardship, Ms. Green, Mr. Vodnik, their
August 26, 2003
754
staff, and the Board for their support. He presented the award to Chairman McNamara.
Mr. Dietrich advised that over half a dozen facilities in the twelve-county area of the
West Central Office jurisdiction have achieved E2 designations, and there are no E3
recipients in this region.
Chairman McNamara thanked Mr. Griffith and Mr. Dietrich for the award
and congratulated Ms. Green and the General Services staff for a job well done.
IN RE: NEW BUSINESS
1Resolution to approve application to participate in the 2003
.
Fall VPSA Bond Sale for up to $23,000,000 and schedule a
public hearing on the matter. (Diane Hyatt, Chief Financial
Officer)
R-082603-1
Ms. Hyatt advised that the Board approved advancing the funds to the
School Board to begin the following projects at their meeting on July 8, 2003: (1)
Mountain View Elementary (2) Herman L. Horn Elementary (3) Oak Grove Elementary
(4) Northside High (A&E only) and (5) Cave Spring High/Hidden Valley High Stadium
and Playing Fields. At that time, staff expected to participate in the Fall 2003 VPSA
Bond sale to permanently fund these capital projects. The application packet has been
received and is complete. As part of the requirement for the application, resolutions
from the School Board and the County Board must be approved and the County must
schedule a public hearing. She advised that the School Board adopted a resolution at
August 26, 2003
755
their meeting on August 13, 2003.
Ms. Hyatt advised that the resolution for approval by the Board is for $23
million and this amount exceeds the actual amount needed by $1 million because the
VPSA cannot predict the interest rate coupon structure of the winning bid. Therefore,
VPSA is requesting that each locality authorize a “not to exceed” principal amount of
bonds that is sufficiently in excess of the amount of proceeds requested so that funding
for the full $22 million needed to finance the capital projects will be included in the
application. This is a marketing technique which will aid in the sale of the bonds. She
requested that the Board adopt the resolution authorizing the application to VPSA and
scheduling a public hearing for September 23, 2003.
Ms. Hyatt advised that Dr. Weber, School Superintendent; Penny Hodge,
School Budget and Finance Director; and George Assaid, School Construction Projects
Coordinator, were present. There was no discussion.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 082603-1 AUTHORIZING ROANOKE COUNTY TO
SUBMIT AN APPLICATION TO VPSA FOR SCHOOL FINANCING AND
TO SCHEDULE A PUBLIC HEARING
WHEREAS, the Board of Supervisors has determined that it is advisable to
contract a debt and issue general obligation bonds of the County in the maximum
amount of $23,000,000 to finance certain capital improvements for public school
purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority
August 26, 2003
756
("VPSA"); and
WHEREAS, the Board of Supervisors has determined that it may be necessary
or desirable to advance money to pay the costs for such capital projects for public
school purposes (the "Projects") and to reimburse such advances with proceeds of one
or more financings;
NOW, THEREFORE, BE IT RESOLVED BY THE ROANOKE COUNTY BOARD
OF SUPERVISORS AS FOLLOWS:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to
reimburse advances made or to be made by the County or the School Board to pay the
costs of acquiring, constructing and equipping the Projects from the proceeds of the
Bonds to be issued in the maximum amount of $23,000,000.
2. The County Administrator is authorized and directed to submit an
application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2003 VPSA
bond sale.
3. The County Administrator is authorized to advertise a public hearing to be
held on September 23, 2003 on the issuance of the Bonds.
4. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Minnix moved to approve the first readings and set the second
readings and public hearings for September 23, 2003. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. First reading of ordinance to rezone .777 acres from I-1,
Industrial District, to C-2, General Commercial District, to
operate a retail sales facility located on Plantation Road,
August 26, 2003
757
Hollins Magisterial District, upon the petition of EP Properties,
LC
2. First reading of ordinance to rezone .37 acres from AVC,
Agricultural Village District with Conditions, to C-2, General
Commercial District, to operate a retail sales facility located on
5999 Franklin Road, S.W., Cave Spring Magisterial District,
upon the petition of Richard Anderson
IN RE: APPOINTMENTS
1. Capital Improvements Program (CIP) Advisory Committee
Supervisor Minnix appointed Ms. Dawn Erdman to represent the Cave
Spring Magisterial District. Supervisor Altizer appointed Mike Roop to represent the
Vinton Magisterial District.
IN RE: CONSENT AGENDA
R-082603-2
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 082603-2 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
August 26, 2003
758
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
26, 2003 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 4, inclusive, as follows:
1. Approval of minutes – August 12, 2003
2. Request to authorize execution of an updated contract with Unified Human
Services Transportation System, Inc. to provide CORTRAN services and
accept rural grant monies of approximately $20,719 from the Virginia
Department of Rail and Public Transportation
3. Request to accept and appropriate pass-through state grant funds in the
amount of $201,994 on behalf of Unified Human Services Transportation
System, Inc. (RADAR)
4. Request to accept and appropriate Carl Perkins entitlement in the amount
of 17,666 for career and technical education
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 McNamara to adopt the consent resolution, and carried
by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
August 26, 2003
759
5. Report from VDOT of changes to the secondary road system in
July 2003
6. Statement of the Treasurer’s Accountability per Investment
and Portfolio Policy, as of June 30, 2003
7. Statement of expenditures and estimated and actual revenues
for the month ended July 31, 2003
IN RE: CLOSED MEETING
At 3:35 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) to
discuss consideration and evaluation of the performance of specific County personnel.
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: WORK SESSIONS
1. Work session to provide an update on the Social Services
Department. (Dr. Betty McCrary, Director of Social Services)
The work session was held from 3:50 p.m. until 4:37 p.m. Dr. McCrary,
Joyce Earl, Assistant Director; and Doug Forbes, Chairman of the Social Services
Advisory Committee, were present.
Dr. McCrary updated the Board on the activities of the department and the
impact on staffing. She advised that their work load has increased tremendously due to
many reasons such as increases in the programs, mandatory requirements, increased
August 26, 2003
760
court appearances, personnel turnover, training issues and more citizens are seeking
services. She advised that they have experienced significant staff turnover which has
caused delays in services because it takes twenty-four months to train an Eligibility
Worker and during those twenty-four months, someone has to read all of the case
information. It takes at least six months to train a Social Worker. They have 325
applications waiting to be processed and 125 families on the waiting list for services.
Dr. McCrary distributed a chart which showed the overall percentages of
changes in the Eligibility and Service Programs for 2002 through 2003. Among the
significant increases were 46% for energy assistance, 43% for food stamps, 91% for
foster care, and 65% for adult protective services. They have made all the adjustments
that they can to alleviate the situation which include providing only mandatory services,
applying for grants, contracting for assistance to assess elderly nursing home residents,
and collaborating with three other localities for a foster home recruiter and trainer.
Dr. McCrary advised that they need seven staff members which includes
three Eligibility Workers, three Social Workers, and a Trainer/Case Reader position at a
cost of $248,484. She asked that this amount be appropriated to the Social Services
Department out of the monies from the State and Federal sources that were not
budgeted in the revenues. Supervisor Minnix advised that as the Board Liaison for the
Social Services Board, he did not question the need for additional assistance and
supported Dr. McCrary’s request. It was the consensus of the Board that the request
August 26, 2003
761
was justified, and they expressed appreciation to Dr. McCrary and her staff for their
continuance of services under stressful and difficult conditions.
2. Work Session to review the request to authorize additional
staff and resources for the Drainage Maintenance Program.
(Arnold Covey, Director of Community Development)
The work session was held from 4:40 p.m. until 5:25 p.m. Mr. Covey,
Janet Scheid, Chief Planner, and Butch Workman, Drainage Engineer, were present.
Mr. Covey advised that the responsibilities of the program have grown
from minor drainage ditch repairs to maintaining County-owned storm water facilities,
applying for grants, purchasing homes in FEMA flood prone areas and reconstructing
major drainage systems. Since 1988, 244 projects have been completed and currently
there is a backlog of 47 projects dating to 1999 with an estimated cost of $525,000.
They have tried to maximize their resources but in order to reduce the backlog of
projects, handle the increased responsibilities, and continue responsiveness to the
citizens, he is requesting five new positions consisting of one foreman, two motor
equipment operators and two laborers at a cost of $152,300. He is also requesting
equipment consisting of a crew truck ($40,000) with rental allocations ($100,000), and
$157,500 for drainage projects with the total annual cost being $450,000. He advised
that since staffing will not be in place until October, the actual request is $337,500 and
by using their year-end balance of $90,000, the allocation is reduced to $247,500.
August 26, 2003
762
Mr. Covey described several short-term and long-term prevention
recommendations which would impact the building permit requirements, site/grading
plans, the County’s Erosion and Sediment and Erosion Control Ordinance, Subdivision
and Development Standards and Comprehensive Plan. In response to questions asked
by Supervisor Flora, Mr. Covey advised that a community meeting on the
Comprehensive Plan will be held in September. Ms. Scheid advised that a draft of the
Comprehensive Plan will be available by the end of the year. As suggested by several
of the supervisors, Mr. Hodge advised that staff will work through these proposed
prevention recommendations with the Home Builders Association.
3. Work session to discuss bike lanes for the Old Cave Spring
Road and McVitty Road (Routes 1663 & 1662) Virginia
Department of Transportation projects, Windsor Hills
Magisterial District. (Arnold Covey, Director of Community
Development)
The work session was held from 5:30 p.m. until 6:05 p.m. County staff
present included Mr. Covey; Anthony Ford, Traffic Engineer; and Aaron Hofberg, GIS
Technician. Staff present from VDOT included Jeff Echols, Resident Engineer; Bill
Manning, Assistant Resident Engineer; Tim Dowdy, Project Manager for Design; and
Rob Curry, Design Manager for the Salem District. Liz Belcher, Greenways
Coordinator, was also present.
August 26, 2003
763
Mr. Hodge advised that at the work session on July 22, 2003, the Board
requested that County and VDOT staff further investigate the possible addition of bike
lanes or wide paved shoulders to the Old Cave Spring Road and McVitty Road projects.
Mr. Covey introduced Mr. Ford and Mr. Hofberg who presented a power point and video
presentation demonstrating the alternatives, fiscal and physical impacts, and the bicycle
suitability of the corridor.
During the power point and video presentation, Mr. Ford advised that the
possible alternatives are (1) Wide paved shoulders to accommodate bicyclists; (2)
Designated bike lanes to serve the same function, with the County allocating
approximately $125,000 ($114,000 for McVitty Road plus $11,000 for Old Cave Spring
Lane) to cover 50% of construction costs; and (3) Wide paved shoulders to
accommodate bicyclists and allocating the equivalent dollar amount, approximately
$125,000, to the Mudlick Creek Greenway. He noted that with Alternatives 1 and 3,
VDOT standards require 3-ft paved shoulders throughout the project but VDOT has
agreed to increase the width of the paved shoulders to 4-ft to accommodate bicyclists.
The total width of the typical section for this alternative is 34-ft. For Alternative #2,
VDOT standards assert that a full roadway shoulder width must be installed in addition
to the designated bike lane, and the typical section would be increased by 6-ft for a total
width of 40-ft for this alternative. Total project costs are (a) $4,900,000 for paved
shoulders and (b) $5,871,000 for a designated bike lane with a difference of $971,000.
Staff recommends Alternative #3. Mr. Ford advised that this $1M would come out of the
August 26, 2003
764
County’s secondary road fund allocation and those funds would not be available for
other road projects.
Mr. Echols responded to several questions from the supervisors and
pointed out information on exhibits showing the differences in construction limits, right-
of-ways, and properties that would need to be acquired. Supervisor McNamara advised
that he thought this $1M could be better spent elsewhere and Supervisor Flora advised
that sufficient cost benefits were not present. After further discussion, the consensus of
the Board was for staff to continue exploring the greenway concept for this project
without expending any funds.
IN RE: CLOSED MEETING
The closed meeting was held from 6:35 p.m. until 6:40 p.m.
IN RE: CERTIFICATION RESOLUTION
R-082603-3
At 7:00 p.m., Supervisor McNamara moved to adopt the Certification
Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 082603-3 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
August 26, 2003
765
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 McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: RECOGNITIONS
Chairman McNamara recognized Mike Mayo, Assistant Scout Leader, and
members of Boy Scout Troop 221 from Cave Spring United Methodist Church who were
attending the meeting.
IN RE: NEW BUSINESS
1. Request to authorize additional staff and resources for the
Drainage Maintenance Program. (Arnold Covey, Director,
Community Development)
A-082603-4
Mr. Covey advised that at a work session on August 12, 2003, staff
presented to the Board of Supervisors an overview of the drainage maintenance
program. Beginning in 1986, the program had one person, one backhoe and no
funding. Today, the program consists of one engineer, a three-person crew, one
August 26, 2003
766
temporary person and a budget of $350,000. Since 1988, 244 projects have been
completed and currently there is a backlog of 47 projects dating back to 1999 with an
estimated cost of $525,000. This year’s heavy rains have increased the drainage
complaints by four times and have delayed work on scheduled drainage projects.
During the first six months of this year, the department received 400 drainage
complaints and responded to over 50 emergency situations.
Mr. Covey explained that in order to reduce the backlog of projects,
handle the increased responsibilities, and continue responsiveness to the citizens, he is
requesting the addition of five positions (1 foreman, 2 motor equipment operators, and 2
laborers), equipment (crew truck and rental allocation), and additional money for
drainage projects, with a total budget of $450,000. Mr. Covey advised that since
staffing cannot be in place until October, they are requesting three-fourths of the funding
$
from the current fiscal year with the actual request being 337,500. The department
through cost-savings will apply their year-end balance of $90,000 which will reduce the
allocation from other sources to $247,500.
Mr. Covey advised that with additional resources, they can reduce the
backlog of projects, provide additional assistance to other department (such as Parks,
Recreation & Tourism, General Services, Economic Development and Fire & Rescue)
and improve responsiveness to citizens. Mr. Covey advised that the recent heavy rains
and the enormous amount of drainage complaints received this year have raised the
August 26, 2003
767
concern about additional development standards. With the continued development on
steep slopes, marginal soils and lots, staff offers the following recommendations:
Short Term Actions as follows:
1. Amend the Roanoke County Erosion and Sediment and Erosion Control
Ordinance. It is recommended that the disturbed area exemption be reduced
from 10,000 feet which will allow improved enforcement efforts.
2. In October 2003, the State of Virginia will be making changes to Virginia’s
Uniform Statewide Building Code. These proposed changes will have a
substantial impact on building permit requirements such as:
?
Owners/builders will be required to have soil testing for all building
construction located in certain soil types. Building sites located in
shrink/swell soils will require an engineered foundation design.
?
A building adjacent to a slope greater than 33% or a 3 to 1 slope will be
required to meet minimum setbacks from the head and/or toe of the slope
to provide protection from drainage, erosion and potential settlement
problems.
?
Surface drainage must be diverted to a storm sewer or other approved
collection point so it will not create a hazard.
3. It is recommended that site/grading plans be required for all residential
permits. This issue will be worked through with the development community
and the Roanoke Valley Homebuilders Association.
Long-Term Actions as follows:
1. To amend Roanoke County’s Subdivision and Development Standards to
require over lot grading plans which will require that every lot within a
subdivision to be designed at the planning stage.
2. The Comprehensive Plan update will include reviewing density and slope
requirements for residential development.
3. To revise stormwater management, drainage, and floodplain requirements.
August 26, 2003
768
4. To pursue alternate sources of revenue.
Mr. Covey advised that an issue that may have to addressed when
implementing several of these recommendations is that same day turnaround for some
residential building permits may be delayed. Also, extra staff within the office and in the
field will be required to handle the additional regulations.
Mr. Covey advised that staff is requesting that $90,000 be appropriated
out of the Community Development Department’s 2002-2003 year-end balance and
$247,500 appropriated from additional 2003-2004 General Fund revenues. Current
projections show that the additional revenue is available in the real estate taxes.
Supervisor Church thanked the staff, Mr. Echols, and Mr. Manning for their
assistance during the heavy rains and expressed appreciation for their prompt
responses to citizens’ concerns. Supervisor Altizer also thanked Mr. Covey and
advised that he supported the request since the County has to have staff in place to
handle citizens’ expectations of services. Supervisor Minnix advised that development
in the County has increased without increasing the drainage maintenance program staff
and he supported the request. He has at least six requests from citizens in his district
who are still waiting for assistance. He felt that it is essential that the County work with
the home builders and development community to find the best solutions to avoid
drainage damage to other citizens homes when building new homes.
Supervisor Church moved to approve the staff recommendation
(appropriate $90,000 out of the Department of Community Development’s year-end
August 26, 2003
769
balance and appropriate $247,500 from fiscal year 2003-2004 General Fund revenue).
The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Request to approve new Social Services positions and to
appropriate monies to cover the related expenses. (Dr. Betty
McCrary, Director, Social Services)
A-082603-5
Dr. McCrary advised that at the work session held earlier this evening, she
described the current work load of the Social Services Department and the need for
additional staff. In the last three years, they have experienced substantial increases in
the financial programs which include food stamps, Medicaid, and public assistance.
There have also been substantial increases in requests for their services such as child
protective services, foster care and adult protective services. At this time, they are
unable to provide the services that citizens need in a timely manner. She is requesting
that the Board appropriate $248,484 to the Social Services budget and authorize the
seven requested additional staff positions.
Supervisor Minnix advised that this has been an expensive evening for the
Board because of the funds they have appropriated but these actions are necessary to
continue to function as a government that answers the needs of it citizens.
Supervisor Flora made the observation that this appropriation is not new
August 26, 2003
770
money but actually funds that have been generated by the Department of Social
Services. These funds have already been collected but never incorporated into the
County’s budget so the Board is appropriating pass-through money back to the Social
Services Department to handle the increased work loads.
Supervisor Church advised the Boy Scouts in attendance that Dr. McCrary
and the staff of the Social Services Department have the very important responsibility of
assisting citizens and families to attain things that other people take for granted. He
advised that even though this is not new money, he felt the Board would have found a
way to fund this request because it is very important to help one another.
Supervisor Minnix moved to approve the staff recommendation
(authorization of seven requested positions and appropriation of $248,484 to recognize
the additional revenue and cover the related expenses for these positions). The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to obtain a special use permit
to construct a drive-in restaurant on approximately .75 acres,
zoned C-2 General Commercial District, located near the
intersection of Brambleton Avenue and View Avenue, Cave
August 26, 2003
771
Spring Magisterial District, upon the petition of Christopher H.
Hanes. (Janet Scheid, Chief Planner) Petition withdrawn
Chairman McNamara confirmed that this petition has been withdrawn
2. Second reading of an ordinance to rezone 1.31 acres from AG-
1 Agricultural Low Density District, to AV Village Center
District, and to obtain a special use permit on 7.37 acres to
operate a construction yard, landscape contractor, located at
5788 Kathryn Drive, Cave Spring Magisterial District, upon the
petition of Ground Up, Inc. (Janet Scheid, Chief Planner)
O-082603-6
Ms. Scheid advised this is a request for a landscape contractor business
to expand, and this business has been operating with no problems or complaints from
the neighboring citizens. The Planning Commission concluded that as long as the
business continues to operate as a landscape contracting business, no negative
impacts are anticipated. This piece of property is not in the Clearbrook Overlay District
and the Planning Commission approved the petition with the following conditions: (1)
The Special Use Permit shall be for a landscape contractor business only. (2) The
existing vegetation along the perimeter of the property is to be retained for screening.
(3) Should a freestanding sign be proposed, it shall be of a monument type. The sign
shall have a maximum area of thirty (30) square feet.
August 26, 2003
772
Supervisor Minnix read each of the three conditions and asked Mr.
Phelps, petitioner, if he was aware of and agreed with each condition. Mr. Phelps
responded in the affirmative. Supervisor Minnix moved approval of the special use
permit with conditions.
In response to Supervisor Church’s inquiry, Mr. Mahoney advised that this
action also includes a rezoning request. Supervisor Minnix asked that approval of the
rezoning be included in his motion. There was no further discussion and no citizens
present to speak on this matter.
Chairman McNamara stated that Supervisor Minnix’s motion included
approval of the rezoning request and the special use permit with conditions. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 082603-6 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.31-ACRE TRACT OF REAL
ESTATE (TAX MAP NO. 98.04-1-5) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF AG-1 TO THE ZONING
CLASSIFICATION OF AV AND GRANTING A SPECIAL
USE PERMIT WITH CONDITIONS ON 7.37 ACRES OF
REAL ESTATE (TAX MAP NOS. 98.04-1-3, 4, 5)
LOCATED AT 5788 KATHRYN DRIVE, UPON THE
APPLICATION OF GROUND UP, INC.
WHEREAS, the first reading of this ordinance was held on July 22, 2003, and the
second reading and public hearing were held August 26, 2003; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on August 5, 2003; and
August 26, 2003
773
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
1.31 acres, as described herein, and located at 5788 Kathryn Drive (Tax Map Number
98.04-1-5) in the Cave Spring Magisterial District, is hereby changed from the zoning
classification of AG-1, Agricultural Low Density District, to the zoning classification of
AV, Village Center District.
2. That this action is taken upon the application of Ground Up, Inc.
3. That said real estate is more fully described as follows:
Tax Map No. 98.04-1-5 containing 1.31 acres
4. That the Board finds that the granting of a special use permit to Ground
Up, Inc. to operate a construction yard and landscape contractor located at 5788
Kathryn Drive (Tax Map No. 98.04-1-3, 4, 5) in the Cave Spring Magisterial District is
substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of 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 Special Use Permit shall be for a landscape contractor
business only.
(2) The existing vegetation along the perimeter of the property is to be
retained for screening.
(3) Should a freestanding sign be proposed, it shall be of a monument
type. The sign shall have a maximum area of thirty (30) square feet.
5. 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 Minnix to adopt the ordinance with conditions, and
carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Second reading of an ordinance to obtain a special use permit
to operate a car wash located in the 1600 block of Washington
Avenue, Vinton Magisterial District, upon the petition of M. L.
Leonard, Inc. (Janet Scheid, Chief Planner)
August 26, 2003
774
O-082603-7
Ms. Scheid advised that the property is currently zoned C-2 in the Vinton
Magisterial District and is designated as core on the County Land Use Plan. The core
designation is used for commercial, retail and other types of commercial enterprises.
This property is at the intersection of Washington Avenue and Leisure Lane and is at
the entrance to Goode Park, a County park. The petitioner has had some experience
with car washes and other retail enterprises in the past. The property is surrounded by
Goode Park, Vinton Skating Center, and a combination convenience store/fast food
restaurant and gas station at the corner of Feather Road and Washington Avenue.
There are other commercial enterprises in the immediate vicinity.
Ms. Scheid advised that the Planning Commission approved the petition
for a special use permit and the petitioner has agreed to the following conditions: (1)
The development of this site will include C-2 to R-1 screening and buffer requirement
between the developed site and the Greenway Trail. Any significant trees within this
buffer yard, identified by Planning Staff during plan review, shall be preserved. If
necessary, the owner shall provide for any Greenway Trail easements for the
preservation of the existing Greenway. (2) The site shall be developed in a manner to
absorb or to deflect any site-generated noise away from the adjoining public park and
Greenway. (3) The on-premises signage for the site shall be limited to .5 square feet
per foot of Washington Avenue road frontage. Any freestanding sign on the site shall
be a monument type sign. (4) The exterior wall building materials of the car wash
August 26, 2003
775
facility shall be limited to brick, split-faced block, drivit, wood, vinyl or combination of
these materials. (5) No access to the site shall be allowed from Goode Park Drive,
State Route 961 (Leisure Lane). (6) Should any utility or construction activity related to
the development of the car wash sites cross or affect the Wolf Creek Greenway, the trail
shall be returned to the pre-construction condition.
Mr. Michael Leonard, President of M. L. Leonard, Petitioner; Mr. Philip
Nickels, potential purchaser of the property; and Walter Hale, Engineer, were present to
answer questions. Supervisor Altizer inquired if Mr. Leonard had read the conditions
and understands that this is a special use permit. He also suggested that the buffering
and trees should remain as defined by staff. Ms. Scheid explained that this condition is
written so that staff can help the petitioner assess the significant mature trees which will
remain in the buffer area.
Supervisor Altizer advised that in Condition #1, part of the Greenway
easement may be on this property but he understands that the petitioner has agreed
that the Greenway easement will remain. Mr. Leonard stated that he would like to know
the area of the easement and how much of the Greenway is involved. Ms. Scheid
advised that she felt it was a matter of inches but Mr. Leonard stated that if the
easement is found to be at least 15 feet, this may pose a problem. Ms. Scheid advised
that she was fairly comfortable that the easement is at least one foot.
Supervisor Altizer advised that he would suggest that the Greenway
easement be stipulated at a maximum of up to two feet. Ms. Scheid advised that the
August 26, 2003
776
Greenway easement is on the side of the property with the buffer. Mr. Leonard advised
that he would agree to this stipulation if the buffer zone is measured from the property
line and not the two-foot easement and Ms. Scheid advised that this was a correct
interpretation. At Supervisor McNamara’s suggestion that the Greenway easement be
provided at no charge to the County, Supervisor Altizer clarified the amendment to
condition #1 as follows: If necessary, the owner shall provide for a maximum of two feet
of Greenway Trail easement, at no charge to the County, within the boundaries of the
buffer, for the preservation of the greenway. Mr. Leonard advised that he was
agreeable with this amended condition. There was no further discussion and no
citizens present to speak on this matter.
Supervisor Altizer moved to adopt the ordinance with conditions and
amend Condition #1 as follows: The development of this site will include C-2 to R-1
screening and buffer requirement between the developed site and the Greenway Trail.
Any significant trees within this buffer yard, identified by Planning Staff during plan
review, shall be preserved. If necessary, the owner shall provide for a maximum of two
feet of Greenway Trail easement, at no charge to the County, within the boundaries of
the buffer, for the preservation of the greenway. The motion carried by the following
recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 082603-7 GRANTING A SPECIAL USE
PERMIT TO M. L. LEONARD, INC. TO OPERATE A CAR
August 26, 2003
777
WASH LOCATED IN THE 1600 BLOCK OF WASHINGTON
AVENUE (TAX MAP NOS. 61.14-1-44 and 44.2), VINTON
MAGISTERIAL DISTRICT
WHEREAS, M. L. Leonard, Inc., has filed a petition for a special use permit to
operate a car wash to be located in the 1600 Block of Washington Avenue (Tax Map
No. 61.14-1-44 and 44.2) in the Vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
August 5, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 22, 2003; the second reading and public hearing on this
matter was held on August 26, 2003.
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 M. L.
Leonard, Inc. to operate a car wash to be located in the 1600 Block of Washington
Avenue (Tax Map Nos. 61.14-1-44 and 44.2) in the Vinton Magisterial District is
substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of 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 development of this site will include C-2 to R-1 screening and
buffer requirement between the developed site and the Greenway Trail. Any significant
trees within this buffer yard, identified by Planning Staff during plan review, shall be
preserved. If necessary, the owner shall provide for a maximum of two feet of
Greenway Trail easement, at no charge to the County, within the boundaries of the
buffer, for the preservation of the greenway.
(2) The site shall be developed in a manner to absorb or to deflect any
site-generated noise away from the adjoining public park and Greenway.
(3) The on-premises signage for the site shall be limited to .5 square
feet per foot of Washington Avenue road frontage. Any freestanding sign on the site
shall be a monument type sign.
(4) The exterior wall building materials of the car wash facility shall be
limited to brick, split-faced block, drivit, wood, vinyl or combination of these materials.
(5) No access to the site shall be allowed from Goode Park Drive,
State Route 961 (Leisure Lane).
(6) Should any utility or construction activity related to the development
of the car wash sites cross or affect the Wolf Creek Greenway, the trail shall be returned
to the pre-construction condition.
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
August 26, 2003
778
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Alizer to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Second reading of an ordinance to obtain a special use permit
to construct an accessory apartment on .52 acres, zoned R-1
Low Density Residential District, located at 5916 Blackhorse
Lane, Cave Spring Magisterial District, upon the petition of
Richard J. Sidor. (Janet Scheid, Chief Planner)
O-082603-8
Ms. Scheid advised that the petitioner is currently constructing an addition
to his home by adding a two-car garage and an accessory apartment. The accessory
apartment would include a bedroom, bathroom, living room and kitchen and is being
built for the use of a parent. The Planning Commission reviewed the petition on August
5 and noting the applicable regulations for an accessory apartment in an R-1 zoning
district, they recommended approval of the petition with no conditions.
Supervisor Minnix advised that he supported approval of the petition but
he did not want the house used as a duplex when the family member is no longer living
there. He inquired of Mr. Mahoney if he could insert language to restrict the use of the
accessory apartment as a duplex in the special use permit. Mr. Mahoney advised that
generally those limitations are not favored by the law because the Board is supposed to
be concerned primarily with the physical characteristics or use of the property and not
August 26, 2003
779
who is living there. He further stated that a condition of that type would pose
enforcement difficulties. Supervisor Minnix advised that he understood the difficulty of
enforcement, but if a citizen wanted to build two rooms onto his house for a two-family
house, he felt the neighbors would object to this. He asked Mr. Mahoney if he was
telling him that he could not place that restriction on the petition.
Mr. Mahoney asked for clarification from Ms. Scheid if duplexes are
permitted in R-1 zoning. Ms. Scheid advised that duplexes are permitted in R-2 zones
and detached single-family homes are allowed in R-1 zones. Mr. Mahoney advised that
a property owner building two rooms onto his house would come within the detached
single-family zoning in R-1. He also advised that a property owner with an accessory
apartment could lease it to another unrelated party. Ms. Scheid advised that there is no
restriction at this time on the petitioner leasing his entire house. Supervisor Minnix
inquired if a house in that subdivision could be rented to two different families as a
duplex. Ms. Scheid advised that this house is not a duplex but a single-family house
with an accessory apartment. Supervisor Minnix asked Mr. Mahoney if this action is
approved and the house is utilized as a duplex at a later time, could the County take
action. Mr. Mahoney confirmed that the County could take action if it is rented as a
duplex. There were no citizens present to speak on this item.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
August 26, 2003
780
NAYS: None
ORDINANCE 082603-8 GRANTING A SPECIAL USE
PERMIT TO RICHARD J. SIDOR TO CONSTRUCT AN
ACCESSORY APARTMENT TO BE LOCATED ON .52
ACRES AT 5916 BLACKHORSE LANE (TAX MAP NO.
86.03-1-21), CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Richard L. Sidor has filed a petition for a special use permit to
construct an accessory apartment to be located on .52 acres at 5916 Blackhorse Lane
(Tax Map No. 86.03-1-21) in the Cave Spring Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
August 5, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on July 22, 2003; the second reading and public hearing on this
matter was held on August 26, 2003.
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 Richard J.
Sidor to construct an accessory apartment to be located on .52 acres at 5916
Blackhorse Lane (Tax Map No. 86.03-1-21) in the Cave Spring Magisterial District is
substantially in accord with the adopted 2000 Community Plan pursuant to the
provisions of 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special
'
Use Permit is hereby approved.
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 Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora:
He requested that staff ask the Virginia Department of
Transportation to conduct a study of the speed limit on Belle Haven Road and Barrens
August 26, 2003
781
Road to determine if the posted speed limit is appropriate.
Supervisor Church:
(1) He advised that he had more information about
the recent problems on Century Lane and he would give this to Mr. Covey. (2) He
advised that he had received several calls about the unsafe situation on Harborwood
Avenue near Green Hill Park concerning the winding road, the S-curve and horse
trailers being unable to navigate the road. He asked that staff look into this situation.
(3) He advised that Mr. Rodney Richardson recently unexpectedly thanked him and the
other Board members for their efforts at making decisions in a tough job. He advised
that it was nice to be appreciated.
Supervisor McNamara:
(1) He reported that the Board and Roanoke
City Council held a joint meeting on August 22 and RVTV will be replaying the tape of
that meeting. He advised that citizens can call the Clerk’s Office at 772-2005 for the
schedule of the dates and times. (2) He advised that five community meetings have
been scheduled throughout the County during September 11 through 30 to discuss the
proposed Regional Water and Wastewater Authority. If any citizen would like more
information, they should call the Clerk’s Office. (3) He expressed appreciation to the
members of Boy Scout Troop 221 for attending the meeting.
Supervisor Minnix:
He advised that the possibility of having additional
work sessions on the authority was discussed at the joint meeting with Roanoke City
Council and asked if any meetings had been planned. Mr. Hodge responded that staff
will meet with Roanoke City staff tomorrow and this will be one of the topics of
August 26, 2003
782
discussion. He advised that Supervisor Minnix was referring to scheduling work
sessions between the joint meetings with the elected officials, and they will be
scheduled.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 7:40 p.m.
Submitted by: Approved by:
________________________ ________________________
Brenda J. Holton, CMC Joseph P. McNamara
Deputy Clerk to the Board Chairman